[HISTORY: Adopted by the Township Council
of the Township of Marlboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-2-2009 by Ord. No. 2009-7[1]]
[1]
Editor's Note: This ordinance repealed former Art. I,
Rent Control, adopted 6-8-1989 by Ord. No. 24-89 (Ch. 91 of the 1981
Code), as amended.
The following matters and things are hereby determined, declared
and recited:
A.
A compelling situation exists within the Township of Marlboro with
respect to the rental of mobile home spaces and mobile homes in mobile
home communities by reason of the demands for increases in rent in
that such increases are causing severe hardships upon tenants in such
mobile home communities and are adversely affecting the health, safety
and general welfare of the citizens of the Township of Marlboro warranting
legislative action by the Township Council.
B.
The number of mobile home communities and spaces permitted within
the Township has been limited by the Township Council so as to achieve
a balance in the types of housing permitted in the Township, and it
is desirable to maintain such balance, and the present situation cannot
be corrected by increasing the number of mobile home communities alone.
C.
By reason of the necessity of licensing mobile home communities,
mobile home community operators enjoy an unintended monopoly which
may be abused by the charging of unregulated excessive rents.
D.
Regulations of rent in mobile home communities will serve to prevent
abuses and at the same time ensure the benefits of balanced housing
and regulation achieved by licensing of mobile home communities and
limitation of their number.
E.
The Township has the power to so regulate rents in mobile home communities
pursuant to the provisions of N.J.S.A. 40:52-1 et seq. bestowing general
power to regulate mobile home communities and the provisions of N.J.S.A.
40:48-2 bestowing power to enact ordinances for the preservation of
the public health, safety and welfare of the Township and its inhabitants,
pursuant to which grant of powers this article is enacted.
F.
A policy of resolution of fair-rental-charge disputes by open communication,
discussion and negotiation between mobile home community operators
and their tenants is to be encouraged, in that it will serve to minimize
the governmental regulation and intrusion into the citizens'
private business and domestic affairs.
G.
In a democratic society, it is a fundamental premise that the will
and wishes of the majority shall serve to bind all members of a group
with a community interest, be that group large or small.
A.
From and after the effective date of this article, or as it is amended
from time to time, it shall be unlawful for any landlord to demand
or receive any rent for any mobile home space in excess of the base
rent in effect for such mobile home space, except in conformity with
the provisions of this article.
B.
A landlord shall be entitled to a just and reasonable return based
either on the landlord's investment, as defined by this article,
or such other methods as approved by the courts or Legislature of
the State of New Jersey.
As used in this article, the following terms shall have the
meanings indicated:
The gross rent for the mobile home pad or lot in effect on the effective date of this article. Thereafter "base rent" shall equal this charge as is lawfully increased in conformance with the provisions of § 235-5 of this article. "Base rent" shall not include tax and cost pass-throughs pursuant to § 235-6, hardship rental increase applications pursuant to § 235-8 and capital improvements pursuant to § 235-7.
The Consumer Price Index (CPI) (all items) for the New York
- Northwest New Jersey - U Region of the United States of which the
Township of Marlboro, Monmouth County, New Jersey, is a part, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor.
Not only an increase in rent but any increase in or addition
to the rent or any other charges made by the landlord to the tenant
and shall include any diminution of services rendered as an incident
to the letting or occupancy from the effective date of this article.
Includes the amount of the original cash or equivalent consideration
paid upon acquisition, together with such other additional capital
contributed after the date of acquisition. "Investment" shall not
include the principal amount of any mortgage or mortgages.
The mobile home community operator, owner, lessor, sublessor,
receiver, trustee, executor, assignee or other person, owner or other
person leasing a mobile home space to a tenant.
Includes written or verbal leases, licenses or other arrangements,
agreement or understanding pursuant to which any person or persons
is permitted to occupy a mobile home space.
Includes that portion of a trailer or mobile home park or
community with incidental services, or a mobile home situate in a
portion of a trailer or mobile home park or community, rented or offered
for rent, for the purpose of parking a trailer or mobile home thereon
or occupying a mobile home for living or dwelling purposes, to one
or more individuals or family units, together with all privileges,
services, equipment, facilities and improvements connected with the
use or occupancy of such space or mobile home.
Those expenses reasonably incurred by a landlord in the day-to-day
operation of a mobile home park or community. It shall not include
capital improvements, mortgage amortization or depreciation.
Includes any charge or charges made, fixed, demanded or charged
for the use or occupancy of a mobile home space, whether or not commonly
known as "rent."
A.
Rent increases may be allowed by the Rent Control Board upon written
application thereto by the landlord in the manner and for the reasons
set forth in this article. All applications for rent increases brought
under this article shall be filed on written forms which may be obtained
from the Rent Control Board Secretary.
C.
A landlord filing a rent increase application under any Section of this article shall file an original and seven copies of said application with the Secretary to the Rent Control Board along with payment of the appropriate fee pursuant to § 235-19.
D.
The Rent Control Board Secretary, upon receipt of any application
for a rent increase brought under any section of this article, shall
review said application for completeness and determine whether the
following, if applicable, has either been filed or paid:
E.
Should the Secretary of the Rent Control Board deem that the application
is incomplete for the failure of the landlord to pay any required
filing fee(s) or provide any documentation or proofs required under
this article for the filing of an application, the Rent Control Board,
in that event, reserves the right to adjourn the listing of said application
until such time as the fee, documentation or proof is provided. A
determination that an application is complete shall in no way be construed
to mean that the application shall be granted by the Rent Control
Board.
F.
Should the Secretary of the Rent Control Board deem that the application
is complete, a hearing for the matter shall then be scheduled for
the next regularly scheduled public hearing at which a voting quorum
is present.
A.
No rent increase of any kind may be awarded by the Rent Control Board
under this article unless such application includes a certification
from the landlord that the mobile home park substantially complies
with the municipal ordinances of the Township of Marlboro pertaining
to mobile home parks as well as any other applicable Marlboro Township
ordinances.
B.
No rent increase of any kind may be awarded by the Rent Control Board
until such time as the Board is in receipt of a certification from
the Municipal Tax Collector that all real property taxes and assessments
have been paid pertaining to the property on which the mobile home
park or community is located. It is the responsibility of the landlord
to obtain and provide this certification with his application when
it is filed with the Rent Control Board.
C.
No rent increase of any kind may be awarded by the Rent Control Board until such time as the Board is in receipt of certification from the Marlboro Township Municipal Clerk that the applicant has complied with the licensing provisions of Chapter 235, Article II of the Marlboro Township Ordinances. It is the responsibility of the landlord to obtain and provide this certification with his application when it is filed with the Rent Control Board.
A.
Calculation of increase. Upon submission of an application that is deemed complete and at the close of a hearing or hearings as provided for in §§ 235-3 and 235-10 of this article, and conditioned upon the landlord's compliance with § 235-4 and 235-5 herein and upon the landlord's presentation of proof of compliance with Chapter 235, Article II, which includes the landlord furnishing a true copy of a license to operate, a landlord shall receive on an annual basis a percentage increase of the Consumer Price Index based on the percentage increase in the Consumer Price Index over the twelve-month period ending 120 days prior to the date of the effective date of the increase. In no event shall such annual percentage increase exceed a maximum of 5%. The percentage of allowable increase calculated hereunder shall be applied to the tenant's existing base rent.
B.
Limitation on frequency of increase. No landlord shall be given more than one increase in rent under this section (§ 235-5) in any twelve-month period. This limitation shall not in any way affect other permitted rent increases pursuant to the terms of this article.
C.
Notice to tenants of increase. Any landlord seeking an increase in
rent under this section shall make application to the Rent Control
Board, and serve the affected tenants with a notification, which shall
clearly set forth the following information:
(1)
A calculation of the allowable percentage increase in rent pursuant
to this section.
(2)
A calculation of the amount of the allowable rental increases rounded
to nearest dollar.
(3)
A calculation of the tenant's rent for the new leasing term.
(4)
The date of the anticipated implementation of the increase.
(5)
The landlord certification that he or she is in full compliance with
all applicable building, maintenance and housing codes.
A.
A landlord shall be entitled to collect from each tenant the proportionate
share per pad or space of any increase in real estate taxes, state
licenses, municipal licenses, municipal pad fees and utilities, if
the utilities are provided or paid for by the landlord. The proportionate
share shall be equal to the increase divided by the total number of
occupied pads or spaces in the mobile home park or community.
B.
Any landlord seeking an increase under the provisions of this section
shall provide all affected tenants with notice of said application
which shall include a statement identifying the date that the increase
will take effect, the method of calculating the increase, a statement
of the tax, fee, license or utility paid by the landlord for the previous
year, and a statement as to the increase in the taxes, fees, licenses,
or utilities as applicable to each affected tenant.
A.
A landlord may apply to the Rent Control Board for additional rental
charges for the payment of the reasonable cost of major capital improvements
which are necessary for the proper operation of the mobile home park
or community upon completion of said capital improvement(s). However,
no landlord shall be entitled to a rent increase for any capital improvement(s)
which were completed two years prior to the application for the rent
increase under this section.
B.
For the purpose of this section, "capital improvements" shall be
any item considered as such under the United States Internal Revenue
Service enactments and regulations. The replacement of an existing
item or facility with an item or facility which has a more serviceable
and useful life shall be considered a capital improvement unless the
Board, in its discretion, determines that such replacement consists
of normal and necessary maintenance and repairs.
C.
An owner seeking a rent increase for a capital improvement shall
apply in conformance with the application and notification provisions
of this article. The Rent Control Board shall determine if said improvement
is a necessary major capital improvement and, if so, the amount of
the increase granted for such major improvement, and shall establish
the term and conditions of such increase. In determining the term
and conditions of the increase, the Rent Control Board shall consider
the total cost of the improvement, including interest expense, the
useful life of the improvement and the reasonable time necessary for
the landlord to recover his costs.
D.
The cost of expanding or enlarging the mobile home community or a
section thereof shall not be borne by the tenants or utilized in computing
additional rental charges under this section.
E.
Any landlord seeking an increase under this section shall provide
to each affected tenant the total cost of the completed capital improvement,
the number of years of useful life of the improvement as claimed by
the landlord for purposes of depreciation for income tax purposes,
the average cost, including debt service, of the improvement, and
the amount of the capital improvement surcharge that the landlord
is seeking from each affected tenant.
F.
In no event shall any increase under the provisions of this section
exceed 15% of the annual rent paid by the affected tenant unless the
capital improvement is mandated by law.
A.
When an efficient landlord finds that the gross maximized income
from his property is insufficient to cover the cost of interest payments
on a first mortgage or purchase money mortgage, and on any subsequent
mortgages the proceeds of which have been used to improve and upgrade
the rental property; for reasonable and necessary operating expenses
incurred in connection with the rental property or mobile home park;
or for unusual or unexpected increases in the cost of providing heat
or utilities or in the making of capital expenditures or improvements
which may require a substantial investment or expenditure by the landlord
to offset such expenses, such landlord may seek a hardship rental
increase. The Rent Control Board may grant a hardship rent increase
to meet these payments.
B.
The Rent Control Board shall consider all relevant evidence, including
conditions of the premises, the degree of hardship to the landlord
and financial records explaining the mortgage, tax or maintenance
expense. Any landlord seeking a hardship increase shall petition the
Rent Control Board after serving notice upon the tenants of his intent
to seek a hardship increase and after full disclosure of all relevant
financial information to the tenants and Board. The Rent Control Board
shall give reasonable opportunity to be heard to both the landlord
and the tenant(s) before making a determination.
C.
Any application based upon unusual or unexpected increases shall
be allowed only for good cause shown. Clear proof of the cost must
be furnished. If the increase sought concerns a capital expenditure,
capital improvement or major repair requiring a substantial investment,
the landlord shall prove the normal economic life expectancy of the
expenditure, improvement or repair and shall determine the average
cost per year of economic life. In no event shall the cost of expanding
or enlarging the rental property or a portion thereof be borne by
the tenants. If the increase sought is the result of an increase in
the cost of providing a utility service regulated by the Board of
Public Utilities of the State of New Jersey, the landlord shall prove
that the cost of providing such utility service has increased by more
than 6.5% per annum. Upon such proof, the landlord may be entitled
to a rental increase equal to the amount by which the cost of providing
such utility service exceeds 6.5% more than the prior year's
cost. The landlord shall also present evidence in seeking an increase
pursuant to this section concerning the actual rent being charged
for each unit, a profit-and-loss statement for the premises for the
past two fiscal years, the condition of the premises, the rate of
return on the landlord's investment and the steps taken to provide
safe, healthful and adequate housing, in addition to any other evidence
that will assist the Board in making a fair decision. The Rent Control
Board shall utilize all of the above information in determining whether
or not to permit the additional rent increase sought.
D.
Any increase permitted by the Rent Control Board pursuant to this
section shall be effective retroactive to the first rental period
at the expiration of 30 days from the date that the landlord's
application for an increase was filed with the Rent Control Board.
Should the landlord revise his application for an increase based upon
submission of expenses not related, in whole or in part, to the premises
in question; or because the original application is substantially
incorrect or incomplete or deviates from accepted accounting norms;
or resulting in an increase in the amount of relief sought, then and
in that event the increase permitted by the Rent Control Board shall
be retroactive to the first rental period subsequent to 30 days from
the date the revised application is submitted to the Rent Control
Board.
E.
No landlord shall be permitted to receive an increase under this
section until such time as the landlord has owned and operated the
rental property or mobile home park for a period of at least 12 months
or until the close of the first complete fiscal year of ownership
by the landlord, whichever occurs first.
F.
For purposes of this section, the term "gross maximized annual income"
shall mean the gross maximum potential rent roll, less a maximum deduction
of 3.5% for vacancies and uncollectibles, or the annual sum of rents
collected, whichever amount is larger, and includes all income resulting,
directly or indirectly, from the operation of the mobile home park
or community.
A.
A tenant whose rent has been increased may make written application
to the Rent Control Board for a decrease of his rent to the base rental
by filing an application with the Rent Control Board setting forth
his name and address, the name and address of the landlord, the location
and description of the leased premises, the rent paid from the effective
date of this article and the amount and date of each increase thereafter,
the term of the lease and the reason why the tenant feels that the
increase in rent was unjustified. In determining whether or not the
increase was justified, the Rent Control Board shall apply the same
criteria as this article requires them to apply to a request for an
increase.
B.
In the event that the taxes or costs referred to in § 235-6 are reduced, 50% of the savings shall be passed on to the tenants. Should a reduction in real estate taxes be obtained by the landlord, through the tax appeal process, the 50% savings shall be passed on to the tenants after the landlord deducts his reasonable and necessary documented attorney's or other professional fees and costs incident thereto incurred in obtaining said reduction.
C.
Any tenant seeking relief under this section shall file said application
with the Board at least 21 days before the date set for the hearing
and shall serve a copy thereof upon his or her landlord in the manner
provided for the service by a landlord of an application for a rent
increase.
A.
Prior to any landlord being entitled to any relief under this article,
the landlord shall, not less than 21 days in advance of the hearing
date, be required to serve tenants with a notice of the time and place
at which the Rent Control Board will hear the matter and shall make
due proof of the service thereof by providing an affidavit of mailing.
B.
Before the Rent Control Board may grant any relief pursuant to the
terms of this article, it shall first hold a hearing upon the notice
as prescribed herein and afford all parties a full opportunity to
be heard and present any testimony relevant to the matter of the application
before the Board.
C.
All notices required to be provided under this article to any tenant
shall be effectuated by way of regular and certified mail, or by way
of personal service, with the landlord providing proof of service
prior to the first hearing on any application. The proof of service
must identify the method of service upon each and every affected tenant.
D.
In addition to the notice required under Subsection C of this section, any landlord seeking relief under this article, with the exception of an increase based on vacancy decontrol, must provide proof of posting of a notice as to the time and date of hearing to all tenants within the mobile home park or community. Notice must be posted in a conspicuous place which is visible to all tenants.
A.
Where there is a sale of a mobile home or where a lot or space becomes vacant as a result of the vacating of the mobile home rental space by a tenant, or where a tenant has vacated as a result of a lawful eviction proceeding, the landlord may increase the base rent by 15%, provided that the landlord shall not be entitled to more than one such increase within any five-year period. When the landlord exercises its right to increase the base rent pursuant to this section, the landlord shall waive its right during that year to an increase pursuant to § 235-5 of this article and shall also waive its right during that year to the tax and cost pass-throughs pursuant to § 235-6 of this article, with the following exception: if the increase under § 235-5 plus the tax and cost pass-throughs for the subject lot are greater than the 15% vacancy decontrol increase, then the landlord shall be entitled to the higher percentage of either the vacancy decontrol increase or the total of the increase and the tax and cost pass-throughs.
B.
When the landlord raises rent pursuant to this section, the landlord
shall file a certified statement with the Rent Control Board confirming
this increase. The statement shall include the amount of the base
rent prior and subsequent to the increase. The Rent Control Board
shall review said certification at its next regular meeting and, if
it is satisfactory, shall approve the same. Unless the increase violates
this section, it shall be effective when the new tenant moves in.
C.
Prior to any landlord being entitled to any increase under this section,
the landlord shall submit an affidavit stating that he or she has
not in any way harassed or coerced the prior tenant from vacating
the mobile home space and that the vacation of the mobile home space
was a voluntary act of the tenant. For purposes of this section, the
removal of a tenant by way of eviction pursuant to the laws of the
State of New Jersey shall constitute a voluntary act. However, for
purposes of this section, a vacation caused or necessitated by substandard,
unsafe, or unsanitary conditions within the mobile home community
shall not be deemed a voluntary act.
The Affordable Housing Agency created by § 70-3 of the Code of the Township of Marlboro shall serve as the Rent Control Board.
A.
In addition to the powers enumerated in Chapter 70 of the Code of the Township of Marlboro, the Affordable Housing Agency is hereby granted and shall have and exercise all the powers necessary and appropriate to carry out and execute the purpose of this article of the Code of the Township of Marlboro, including but not limited to the following:
(1)
To issue and promulgate such rules and regulations as it deems necessary
to implement the purposes of this article, provided that the Rent
Control Board shall bring said rule or regulation to the attention
of the Township Clerk who shall bring the proposed rule or regulation
to the attention of the Township Council at its next regularly scheduled
Council meeting. Should the Township Council object to any rule or
regulation, the Council shall give notice to the Rent Control Board
no later than 10 days after consideration of said rule or regulation
at its Council Meeting. If a rule or regulation is objected to in
a timely manner, the rule or regulation shall not be effective or
enforceable. If the Township Council shall take no action concerning
said rule or regulation, it shall become effective and enforceable
on the 10th day after the Council meeting. All effective and enforceable
rules and regulations shall thereafter be deemed to be part of this
article as fully as if set forth herein and any violation thereof
shall be a violation of this article.
(2)
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this article.
(3)
To hold hearings and adjudicate applications from landlords or tenants
for adjustments of rental as herein provided.
B.
A quorum for a hearing shall consist of three voting members, and
a vote of a majority of those present shall be necessary to take any
action.
C.
At all public hearings, the Rent Control Board shall give both landlord
and tenant reasonable opportunity to be heard and to present witnesses
before making any determination. The parties may be represented by
counsel.
D.
Action by the Rent Control Board shall be in writing and in the form
of a resolution which shall contain findings of fact and conclusions
of law as well as any conditions of approval. Violation of the term
of any resolution adopted by the Board shall be a violation of this
article.
E.
The Rent Control Board shall meet once a month. If there is no business
pending, the Board Chairman may cancel the meeting and shall provide
public notice of same.
A.
This article shall not be applicable to any mobile home park or community
that is operated on real property owned by the Township of Marlboro.
B.
Mobile home spaces that are newly constructed are exempted from the
provisions of this article. In that case, the landlord may determine
the initial rent thereof. Any future increases after the initial rental
amount, however, are subject to the provisions of this article.
C.
Any mobile home space which is occupied by an employee of a landlord
and the rental of which is customarily restricted to employees of
the landlord is exempted from the provisions of this article.
D.
Where a mobile home space has been vacant for a period of 12 or more
months, the rent applicable to a new tenant taking possession following
the 12 or more months is exempt from the provisions of this article.
However, any subsequent increases following the initial rental referenced
herein shall be subject to the provisions of this article.
This article, shall not be binding on mobile home communities
owned and operated as nonprofit corporations exempt from the Corporation
Business Tax Act where the mobile home community is owner-occupied.
This article being necessary for the welfare of the Township
of Marlboro and its inhabitants, shall be liberally construed to effectuate
the purposes thereof.
A.
Any person or entity may request a waiver from a specific requirement
of this article at any time. Such a waiver may be requested as part
of a rent increase application or by application in such other form
as the Rent Control Board may determine, consistent with this article.
B.
The Rent Control Board may grant a waiver from a specific provision
of this article if the applicant demonstrates that the strict application
of this article would create an unnecessary financial or administrative
hardship or there is otherwise good cause for the Rent Control Board
to grant a waiver from the provision(s) from which relief is sought.
No waiver shall be granted under this article if in so doing such
relief does not foster the intent of this article.
If any section, paragraph, subsection, clause or provision of
this article shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provisions so adjudicated, and the remainder of the article shall
be deemed valid and effective.
Any person found guilty of violating any provision of this article
or of willfully filing with the Rent Control Board any material misstatement
of fact shall be punished by a fine not exceeding $500 or by imprisonment
in the county jail for a term not exceeding 90 days, or both, in the
discretion of the court. A violation affecting two or more mobile
home spaces shall be considered a separate violation as to each mobile
home space.
The Rent Control Board shall charge the following filing fees
for rent increase applications:
This article shall become effective immediately upon passage
and publication as required by law.
[Adopted 2-18-2010 by Ord. No. 2010-5[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
II, Licensing and Maintenance, adopted 4-23-1993 by Ord. No. 18-93
(Ch. 92 of the 1981 Code), as amended.
As used in this article, the terms "mobile home" and "mobile home park" shall have the same meanings as provided in § 220-4 of the Code.
It is hereby made to be the duty of the attendant in charge
of the mobile home park, together with the park owner, to:
A.
Keep all service buildings, office building(s), roadways, walkways
and common grounds of the park maintained in good repair, and free
of debris, weeds and brush (other than that necessary for required
buffer areas), snow, standing water, health and safety hazards and
obstructions and in a sightly condition.
B.
Keep all water, sewer and electrical lines and their connections
and equipment in good and safe operable condition, as well as shield
them from the elements.
C.
Notify residents in writing of any violations of unit owner responsibility
promptly upon receipt from any code enforcement official or agency.
D.
Distribute or post, as required, all official notices or correspondences
received by the management pertaining to residents' responsibilities
or rights on a bulletin board outside of the office building, which
shall be convenient to all tenants.
E.
Maintain the park in an orderly manner.
F.
Maintain regular posted office hours, a responsible authorized agent
in charge and an emergency telephone number to be accessible to residents
after office hours.
G.
Provide twice-a-week garbage removal.
All building, plumbing, electrical and other work on or at any
mobile home park licensed hereunder shall be in accordance with this
Code and Township ordinances regulating such work, unless they are
specifically made inapplicable under the terms of the article, and
shall be approved by the appropriate Township official with jurisdiction
over the work.
A.
Required.
(1)
No person shall establish, operate or maintain, or permit to be established,
operated or maintained upon any property owned or controlled by him
or her, a mobile home park within the limits of the Township without
having first secured a license therefor from the Township Clerk in
compliance with the terms of this section.
(2)
Such license shall expire one year from the date of issuance and
may be renewed under the provisions of this section for additional
periods of one year.
B.
Application requirements.
(1)
Application form; fee. The application for such license or the renewal thereof shall be made on printed forms furnished by the Township Clerk and shall include the name and address of the owner in fee of the tract and such description of the premises upon which the mobile home park is or will be located as will readily identify and definitely locate the premises. The application or renewal thereof shall be filed with the Township Clerk on or before January 10 of each year and shall be accompanied by a fee of $100 for the first 25 mobile home units in the park, and the sum of $100 for each 25 mobile home units or part thereof in excess of the first 25. In addition to this amount, the applicant shall be required to post the appropriate fee pursuant to § 235-28 of this chapter. In the case of an application for less than one year, the license fee shall be prorated by quarters, and the fee shall be paid for each quarter or fraction thereof during which the park will be conducted. If the fee is vested in some person other than the applicant, the application shall include a duly verified affidavit by that person that the applicant is authorized by him or her to construct or maintain the mobile home park and make the application.
(2)
Additional required information. The application for any new park,
or any existing park that has not already filed the same with the
Township, shall be accompanied by four copies of a plan or sketch
showing the following, either existing or as proposed:
(a)
The extent and area of the total premises used for mobile home
park purposes.
(b)
Roadways and driveways.
(c)
Location, dimensions and area of each mobile home pad.
(d)
Location and dimensions of each mobile home existing on each
mobile home pad.
(e)
Method and plan of sewage disposal.
(f)
Method and plan of garbage removal.
(g)
Method and plan for potable water supply.
(h)
Method and plan for electrical lighting of the mobile home park
and the mobile homes located or to be located thereon. If such a plan
or sketch has already been filed with the Township for any existing
park, the applicant need not supply revised plans or sketches in order
to be in compliance with this article unless, in the opinion of the
Construction Code Official, a substantial change has been undertaken
concerning any of the above items within the previous calendar year.
In such cases, the applicant shall, upon renewal, submit four copies
of a revised plan or sketch indicating only those areas of the park
or items above which differ from the plan or sketch initially filed.
The intent of this provision is to assure that, at any given point
in time, the filed plans or sketches shall remain current.
(3)
Investigation; Construction Code Official; Board of Health. At the
time of the initial application for a license for a mobile home park
or at the time of renewal of same, the Township Clerk shall refer
the application to the Township Construction Code Official, who shall
cause an investigation to be undertaken of the premises for compliance
with all pertinent ordinances of the Township as well as all applicable
codes. In doing so, the Construction Code Official shall forward one
copy of the application and accompanying data, if any, to the Board
of Health and the Rent Control Board. Upon receipt of same, the Board
of Health shall investigate the premises in order to determine compliance
with applicable ordinances and regulations and to make recommendations
within the area of its expertise. The Board of Health shall, within
20 days of receipt of the application and accompanying data, forward
its findings and recommendations thereon to the Rent Control Board.
The Rent Control Board shall thereafter make a determination upon
the application within 30 days of its initial receipt. If the Rent
Control Board fails to render a decision upon the application within
this thirty-day period, the license shall be granted unless the Rent
Control Board informs the applicant in writing during this period
as to the reason(s) for the delay. In the intervening period, no summons
shall be issued to any mobile home owner for operating a mobile home
park without a license.
C.
Granting of license. If, after the investigation, the Rent Control
Board shall find that there has been compliance with this section
and all other applicable ordinances of the Township, it shall direct
the Township Clerk to issue the license to the applicant. In such
cases, the Township Clerk shall provide one copy of the license to
the Rent Control Board for filing with the initial application and
accompanying data. The Rent Control Board shall retain one copy of
the license for its files.
D.
Conditional license. In the event there shall be one or more subjects
of noncompliance with this section, other pertinent ordinances of
the Township or ordinances of the Board of Health, the Rent Control
Board may, in its discretion, direct the Township Clerk to issue a
conditional license for a three-month period during which the applicant
may remedy the subject(s) of noncompliance, which shall be specified
in the conditional license. After issuing such a license, the Township
Clerk shall provide one copy of the same to the Rent Control Board
for filing along with the initial application and accompanying data.
The Rent Control Board shall retain one copy of the license for its
files. In the event that the item(s) of noncompliance are not satisfied
within the three-month period, then the applicant shall be subject
to a fine of $250 per month for each additional month of noncompliance.
A.
The Rent Control Board is hereby authorized to deny or revoke any
license issued pursuant to the terms of this section if, after the
investigation, it determines the holder thereof:
(1)
Has violated or failed to satisfy any of the provisions of this chapter.
(2)
Has failed to remedy any areas of noncompliance within the period
specified in any conditional license.
(3)
Is maintaining any mobile home or mobile home park in an unsafe manner
or as a nuisance pursuant to all applicable state, county and local
codes.
B.
In the case of a denial, the Township Clerk shall be directed to
return the fee deposited with the application to the applicant along
with a written explanation as to the reasons for the denial.
C.
In the case of a revocation, the Rent Control Board shall inform
the licensee in writing of its determination, particularly specifying
the reasons therefor.
Any person aggrieved by a decision of the Rent Control Board
granting, denying, renewing or revoking a license of a mobile home
park under this article may file a written request for a hearing before
the Township Council within 10 days after the issuance of such decision.
The Township Council shall give notice of a public hearing upon this
request, to be held not more than 20 days after receipt of the request.
At such hearing, the Township Council shall determine whether the
action taken was in accordance with the provisions of this article,
and all persons interested shall be given an opportunity to be heard
concerning the same.
Licenses granted pursuant to the provisions of this article
shall be issued commencing in January 1994 and shall be effective
for a period of one year, expiring on December 31.
A.
Quarterly report as to number of mobile home unit spaces occupied.
Upon the issuance of a license to operate a mobile home park, the
licensee shall, on or before the 10th day of January, April, July
and October of each year, file with the Township Clerk, on a form
furnished by the Clerk, an affidavit stating the number of mobile
home unit spaces occupied by the mobile homes in his or her mobile
home park during each of the preceding three calendar months and the
name and address of each mobile home owner. The affidavit shall also
provide the date upon which each mobile home owner took possession
of their mobile home space in the mobile home park and whether, according
to information and belief, the mobile home owner actually resides
at his mobile home space. Additionally, the affidavit shall indicate
if any mobile home spaces in the mobile home park are vacant and not
occupied by any tenant and/or if any mobile home space is being rented
or subleased by the mobile home owner to the best of the licensee's
knowledge. Finally, the affidavit shall state and affirm that the
licensee has not effectuated or implemented any rent increase of any
kind without the approval of the Marlboro Township Rent Control Board.
A copy of the affidavit shall be forwarded to the Secretary of the
Rent Control Board by the Township Clerk.
B.
Fee. At the time of filing of each and every affidavit, the licensee shall pay to the Township Clerk the sum of $2 per week for each mobile home unit space which is shown by the report to be occupied by a mobile home unit. This fee shall represent a part of the license fee to be paid by the licensee operating the mobile home park, and failure to make the affidavit required under Subsection A of this section and/or to pay the required fee under this Subsection B shall constitute a violation of this article. In addition to the penalties imposed herein, the Rent Control Board may recommend that said license be revoked.
C.
If on January 10 of any year the affidavit is not made for the preceding calendar months, which would be the last three months of the previous year, and the payment required under Subsection B is not paid, then such failure shall constitute a violation of the then-existing license the same as though the license fee so required to be paid were a part of the year for which the license is issued.
D.
The fee for a transfer of any license shall be $5.
A person found guilty of violating any provisions of this article shall be punished as provided in § 4-3 of the Code, by appropriate proceedings in a Municipal Court in the Township. Every day such violation shall continue shall constitute a separate and distinct offense. In the event that any violation shall continue for a period of five days or more, appropriate injunctive relief may be sought in a court of competent jurisdiction restraining and enjoining such continued violation.
