Within the limits of the Township, no person,
firm, or corporation shall conduct or carry on the business of the
operation of a mobile home park or work in, occupy or directly or
indirectly in any manner whatsoever utilize any place or premises
in which is conducted or carried on, a mobile home park or mobile
home park sites unless and until there shall be granted by the Township
Council in accordance with the terms of this chapter and there shall
be in force and effect, a license to conduct the mobile home park
for the place and premises in or at which the same shall be conducted
and carried on.
A.
AGE-RESTRICTED MOBILE HOME PARK LICENSE
(1)
(2)
DEPENDENT UNIT
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME STAND
MOBILE HOME YARD
PLENARY MOBILE HOME LICENSE
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
An approved license issued for the operation of a mobile
home park limited and restricted to residents who:
[Amended 9-25-2006 by Ord. No. 06-028; 6-14-2010 by Ord. No.
10-012]
Are at least 52 years of age or over; or
In the case of married couples, civil unions
or those who are registered pursuant to N.J.S.A. 26:8A-1 et seq.,
the New Jersey Domestic Partnership Act, at least one of whom is 52
years of age or over, provided that one child 19 years of age or over
may reside with a parent or parents. It is not required this license
be issued as part of a senior citizen project as defined in the zoning
regulations.
A transportable dwelling which does not contain one or more
of the following: a flush toilet, bath or shower or kitchen sink.
A manufactured, movable, portable and transportable dwelling
built on a chassis and containing a flush toilet, bath or shower and
a kitchen sink; designed to be connected to a piped water supply,
sewerage facilities and electrical service; designed for year-round
living as a residence and/or living quarters, whether or not affixed
to real property.
A parcel of land designed to accommodate a mobile home and
includes the mobile home stand and the mobile home yard.
A parcel of land which has been so designated and improved
that it contains two or more mobile home lots available to the general
public for the placement thereon of mobile homes for occupancy.
That part of a mobile home lot which has been reserved exclusively
for the placement of a mobile home.
That part of the mobile home lot excluding the mobile home
stand.
An approved license issued for the operation of a mobile
home park without limitation as to age.
B.
All other definitions contained in Title 8, Chapter
22-2, New Jersey Administrative Code, N.J.A.C. 8:22-2.3, are hereby
adopted by reference.
A.
Plenary mobile home park licenses are hereby established
and limited to three inclusive of all licenses heretofore issued by
the Township and presently in operation without restriction to age.
B.
Age-restricted mobile home park licenses are hereby
established and limited to three inclusive of all those licenses heretofore
issued by the Township and presently in operation restricting the
age to 52 year of age or older.[1]
C.
In the event that a mobile home park license is abandoned,
expires by reason of failure to pay the required annual license fee
or failure to reapply for the same, or is declared void or terminated
by the Township for failure to comply with this chapter, then in such
event the license shall become available for reissue by the Township
Council on proper application in accordance with the terms of this
chapter.
A.
An application for license shall be made to the Township
Clerk in triplicate on a form provided for such application by the
Clerk. An application must be accompanied by a payment to the Township
Clerk of $250 as an application fee, which fee is nonreturnable. This
application will not be accepted by the Township Clerk if the limit
of licenses has been met as provided hereinbefore.
B.
Annual license fee. There is hereby established an
annual license fee of $100 up to 50 trailer spaces; $300 for 51 to
500 trailer spaces; $500 for 501 trailer spaces and over. In addition,
there is a charge of $2 per trailer space for all licenses, payable
immediately upon validation by the Township Council of the initial
license and upon annual renewal as hereinafter provided. The fee shall
be due and payable regardless of whether the mobile home lots are
occupied or unoccupied. In addition, there shall be a monthly fee
of $6 for each occupied mobile home lot due and payable quarterly
payable to the Township on the first day of each quarter which shall
be accompanied by a written report of the number of lots occupied
during the quarter. However, in the event a lot is occupied after
the 15th of the month, the fee for that month shall be $3. Failure
to submit and deliver the designated fee and report shall be a violation
of this chapter.[1]
C.
Validation or abandonment. If the application and/or
license has not been validated by the Township Council by reason of
the failure to receive the municipal approvals set forth in the prerequisite
to validations of application within one year of the date of the filing
of the application with the Clerk, then the license will be deemed
abandoned under no further force and effect; however, if the applicant
or licensee has obtained the necessary municipal approvals, the Township
Council may extend the time limit for one additional year to obtain
necessary state approvals and final validation as provided for hereinafter.
A.
An application for a license may be approved and a license authorized by the Township Council subject to validation of the license after the applicant has received the following approvals and permits and has complied with § 267-20.
(1)
Applicant has been issued a special use permit pursuant to Chapter 245, Land Use and Development, or a variance if required.
(2)
Applicant has secured approvals of the Township, if necessary, for the proposed provision of water supply system and facilities and sanitary sewerage systems, and complied with any applicable rules and regulations of State Board of Health and the New Jersey Administrative Code Title 8, Chapter 22, Subchapter 2 (N.J.A.C. 8:22-2.1 et seq., Mobile Home Parks)
(3)
Applicant has received the Planning Board approval for site plan of the proposed mobile home park in accordance with the standards herein contained and in conformity with Chapter 245, Land Use and Development.
(4)
Applicant has complied with all other applicable ordinances
of the Township of Manchester and statutes of the State of New Jersey.
(5)
Applicant, if a corporation, has submitted to the
Township Council.
(a)
Name and address of all stockholders in such
corporation.
(b)
Names and addresses for the preceding five years
of all officers and directors of the corporation.
(c)
Corporate status report and franchise tax report;
or if not a corporation but trading under a trade name, has submitted
a list of all principals together with their addresses for the preceding
five years.
When all of the requirements under § 267-5A, prerequisite to validation of application, have been complied with, the applicant shall so notify the Township Council in writing and shall be granted a hearing by the Township Council within 30 days of such notification, which hearing may be limited to a consideration of all supporting documents. The Township Council shall base its decision on the application on whether or not the applicant has complied with the applicable provisions of this chapter and shall not validate any application until the documents submitted in support thereof have been reviewed and recommendation for approval or rejection by the Township Engineer and Township Attorney. Approval by the Township Council shall validate the license and entitle the applicant to a permit. The permit shall be issued by the Township Clerk.
No permit or license for a mobile home park
shall be issued or granted unless the proposed mobile home park shall
contain not less than an area of 50 acres under single ownership,
whether corporate or individual or partnership.
A.
A permit issued pursuant to this chapter shall provide
that the applicant must complete construction of either a section
of the proposed park or the entire proposed park, in accordance with
the approved site plans and the provisions of this chapter within
one year of the date of issuance of the permit. If not completed within
the prescribed time as aforesaid, any permit issued may be declared
null and void by the Township Council.
B.
The Township Council may extend the time period of
the permit granted hereunder for successive periods of not more than
six months each in the event that the applicant demonstrates to the
Council that the applicant, through no fault of its own and for justifiable
cause, was unable to complete the subject trailer park within the
time period allotted for the same.
C.
In the event an applicant is issued a permit for construction
of a section of the proposed park, the applicant must substantially
complete this section before any additional construction permit may
be issued. This section shall be inspected by the Township Engineer,
who shall report his findings to the Township Council together with
the recommendation for issuance of additional permit. In any event,
each section shall be completed within one year of issuing of a permit.
Upon receipt of a permit from the Township Clerk,
the applicant shall present the permit to the Construction Official
of the Township of Manchester and pay such fees as may be due the
Township for a building permit for the construction of any and all
permanent structures, buildings, and appurtenances according to the
Standard Construction Code of the State of New Jersey and the Township
of Manchester. No construction shall commence until the Construction
Official shall issue the permit for the mobile home park or any approved
section thereof.
All licenses for mobile home parks shall expire
on the 31st day of December next following the date of issuance and
shall be valid for a period of one year from January 1 to December
31. No park shall be operated in any manner whatsoever unless in possession
of a valid license.
A.
A renewal of a mobile park license shall be and may
be obtained from the Township Clerk for each succeeding year in which
the operations of the existing park is sought to be continued, upon
the payment to the Clerk of the operating license fees as provided
hereinafter; provided, however, that no such renewal shall be issued,
if with respect to the park:
(1)
There is any notice of an alleged violation issued
pursuant to this chapter outstanding and unresolved.
(2)
The licensee has not paid to the Township any sum
due to the Township under this chapter.
(3)
The licensee has failed or refused to correct a condition
that would constitute a violation of this chapter.
(4)
The licensee fails to submit any map required under
this chapter.
(5)
The licensee has failed to pay or cause to be paid
any taxes upon the lands covered by such license.
(6)
The licensee is in violation of any federal, state
or municipal law or ordinance or health regulation as a result of
any activity or operation under this chapter.
(7)
Any operation of the licensee under this chapter endangers
the person or property of adjoining landowners or other persons in
the Township.
[1]
Editor's Note: Former § 267-12, Transferability,
was repealed 10-24-2011 by Ord. No. 11-024.
A.
The site plan to be submitted by the applicant to
the Manchester Township Planning Board shall be submitted in the following
form and shall contain the following information:
(1)
The site plan shall be prepared by a professional
engineer or architect licensed in the State of New Jersey, and duly
signed and sealed. The site plan shall be duly certified as to accuracy
of everything represented thereon.
(2)
The name and title of the applicant, the owner and
of the person preparing the plan maps and accompany data.
(3)
Place for the signatures of the Chairman and Secretary
of the Planning Board.
(4)
Place for the signature of the Township Engineer.
(5)
Tax Map lot and block number of the premises affected.
(6)
Date, scale and North arrow.
(7)
Name, blocks and lots of adjacent property owners
and property within 200 feet of the boundaries of the affected premises.
(8)
Boundary limits or premises, setback lines, lines
of existing easements and proposed easements.
(9)
Any proposed regulations or restrictive covenants
which would affect the premises.
(10)
Detailed plans of all permanent structures.
(11)
Location of all existing and proposed storm
and water drainage systems.
(12)
Location of all existing and proposed utility
systems.
(13)
Location of recreational areas and storage areas.
(14)
Location of all signs.
(15)
Location and layout of campsite and parking
areas.
(16)
Topography of existing and proposed grades with
contours taken at two-foot intervals.
(17)
Location of all acres and service roads within
the affected premises, showing access points to already existing public
roads.
A.
Provisions of the New Jersey State Health Code applicable to mobile home parks more particularly known as Title 8, Subtitle 2, Consumer Health, Chapter 22, General Sanitation, Subchapter 2, Mobile Home Parks, and further known as the New Jersey Administrative Code 8:22-2.1 et seq., is hereby adopted, accepted and established except as hereinafter amended and modified as a standard to be used as a guide by the Township Board of Health in determining whether mobile home parks, as well as their facilities, are safe, sanitary and fit for human habitation and occupancy and shall be used as a standard by the Township Council to determine if a license shall be issued to an applicant. A copy of the Code is annexed to this chapter and made part hereof without inclusion of the text herein. Three copies of the code have been placed on file in the Office of the Clerk upon the introduction of this chapter.
B.
The code, for the purpose of this chapter, is amended
as follows:
(1)
N.J.A.C. 8:22-2.43 through 2.45 are deleted. No dependent
units shall be permitted in any mobile home park except such facilities
in accordance with the standards may be constructed for temporary
emergency use by occupants of the mobile home park.
Any park in actual and physical existence at
the effective date of this chapter which came into existence under
prior ordinances of the Township, hereinafter referred to as "preexisting
parks," must within one year of the effective date of this chapter
comply with all provisions of this chapter. Preexisting parks shall
be subject to the applicable standards of prior ordinances which shall
remain in full force and effect for the aforementioned one-year period
for this purpose. The owner of any such preexisting park shall make
application for a license within 10 days of the effective date of
this chapter and shall submit with its application a plan of the existing
park, showing number and location of sites, sanitary and health facilities,
together with existing roads. Application fee for such preexisting
parks shall be $200.
A.
The Construction Official is designated as the enforcement
official for any violation of this chapter other than health and sanitary
violations. The Ocean County Health Department is designated as the
enforcement official for health and sanitary violations.
B.
The notice and enforcement proceedings set forth in
subsection 13-5.21 "Notice of Violation: Hearings of the Recreational
Campground Regulations, and licensing of the establishment, creation
of construction expansion and operation of recreational campgrounds"
is hereby adopted and accepted as enforcement proceedings under this
chapter as though fully set forth at length, which ordinance is on
file with the Clerk of the Township.
