This article shall be known as the "Mannington Township Temporary
Housing Trailer Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
DAMAGE
An occurrence, such as a fire, that renders a dwelling unit
uninhabitable under applicable laws.
DWELLING
A single-family dwelling or multifamily dwelling that, when
damaged, is occupied lawfully for residential purposes. The word "dwelling"
shall not include boarding- or rooming houses, hotels, motels or other
structures designed or used for transient purposes.
DWELLING UNIT
A room or connected rooms within a dwelling forming a self-contained
area within that dwelling and adapted to provide permanent living
accommodations for a household independent of other households in
other dwelling units, including the availability of heat, electricity,
water, and necessary equipment for the culinary and sanitary requirements
of the occupying household.
DWELLING, MULTIPLE-FAMILY
A dwelling containing two or more dwelling units that, when
damaged, is lawfully occupied as a residence by no more than one household
per dwelling unit.
DWELLING, SINGLE-FAMILY
A dwelling containing or constituting one dwelling unit that,
when damaged, is lawfully occupied as a residence by no more than
one household.
HEAD OF HOUSEHOLD
An owner or tenant who lawfully resides with other persons
in a dwelling unit at the time the dwelling unit is damaged; who resides
or intends to reside with such other persons in a temporary housing
trailer; and who is authorized by law or otherwise to make representations
to third parties, including Mannington Township, on behalf of such
other persons.
HOUSEHOLD
The owner or tenant and other persons who lawfully reside
together in a dwelling unit at the time the dwelling unit is damaged.
LOT
A designated parcel, tract or area of land established by
a plat, or otherwise as permitted by law, which is the site of a lawfully
existing dwelling that has been damaged.
TEMPORARY HOUSING TRAILER
A single-section structure built on a permanent chassis having
wheels (including a "trailer" as defined in this article), and which
is:
A.
Transportable on municipal, county and state roads without escort;
B.
Has dimensions of no more than 12 feet wide, no more than 13
feet high (measured from tire tread on roadway surface), and no more
than 48 feet long;
C.
Is designed to be used as a permanent or temporary dwelling
unit when connected to required utilities;
D.
Includes built-in plumbing, electrical, and heating systems;
and
E.
Is placed on a temporary foundation on a lot where a dwelling
has been damaged for the purpose of serving as a temporary dwelling
unit for the household that, because of the damage, cannot occupy
the damaged dwelling, until such time as the damaged dwelling is repaired
or reconstructed for lawful occupancy, or until such time as such
repair or reconstruction is reasonably expected to have occurred.
TRAILER
A recreational vehicle, travel trailer, camper, or other
transportable, temporary dwelling unit, with or without its own motor
power, designed and constructed for travel and recreational purposes.
The intent of this article is to provide a licensing procedure to allow households that are displaced by damage to dwellings to live in temporary housing trailers on the same lot as the damaged dwelling for reasonably limited periods of time, and to ensure the subsequent removal of temporary housing trailers without cost to the Township. The requirements of Chapter
70 (Land Development) shall not be applicable to temporary housing trailers for which licenses are in effect pursuant to this article.
The owner of a structure or trailer that is intended to serve
as a temporary housing trailer as defined in this article may apply
for a license by submitting the following information to the Mannington
Township Clerk for review by the Mannington Township Committee:
A. A copy of the current deed of record and additional documentation
as necessary to confirm the name(s) and current address(es) of the
owner(s) of the lot at which the damaged dwelling is located.
B. A written statement from the Mannington Township Housing Officer
confirming that the dwelling unit for which the temporary housing
trailer(s) is/are being proposed as temporary dwelling unit(s) has,
in fact, been damaged as defined in this article.
C. A written statement signed by the head of household setting forth
the names and ages of the household members who intend to occupy the
proposed temporary housing trailer(s).
D. Copies of vehicle title(s) or other documents confirming the name(s)
and current address(es) of the owner(s) of the proposed temporary
housing trailer(s).
E. Documentation confirming that the proposed temporary housing trailer(s)
conform to all physical, structural, functional, and design requirements
as defined in this article, including explanations or depictions of
where and how water, sewage disposal, electricity, and any other utilities
or services will be provided, and also confirming that only easily-removable
access steps or stairs and temporary foundations will be provided
for the temporary housing trailer(s), and that no other appurtenances
such as skirting, porches or patios will connect to or adjoin the
temporary housing trailer(s).
F. If more than one temporary housing trailer is being proposed, a written
statement by the owner(s) of the temporary housing trailer(s) or the
head of household explaining why more than one temporary housing trailer
is necessary.
G. A plan or drawing depicting all property boundaries of the lot; all
existing structures on the lot; any structures on adjacent lots within
25 feet of shared lot boundary lines; and the intended location(s)
of the proposed temporary housing trailer(s).
H. A written statement from a qualified person, such as the contractor
who will accomplish or oversee the repair or reconstruction of the
damaged dwelling, or an authorized representative of the insurance
company that insured the damaged dwelling at the time of the damage,
providing a reasonable estimate of the time required for the damaged
dwelling to be repaired or reconstructed.
I. Written statements, signed by the owner(s) of the lot, the head of
household, and the owner(s) of the temporary housing trailer, all
acknowledging that they have read and understand this article and
that they understand and agree that if the license is granted the
temporary housing trailer(s) will be permitted only at the specified
location(s) within the lot, and only for the duration of the license,
that the temporary housing trailer(s) must be removed from the lot
upon expiration of the license, regardless of whether the damaged
dwelling has by that time been repaired or reconstructed, and that
following the expiration or revocation of the license the Township
is authorized to remove the temporary housing trailer(s) from the
lot at the applicant's expense if not removed by the applicant.
In addition to the provisions of this article, any violations of this article shall be punishable as provided in §
1-15 of this Code.