[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as Ch. XI of the 1980 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any unit, whether licensed or not, used for living, sleeping
or business purposes by one or more persons, built on a chassis, designed
without a permanent foundation, and shall include a dwelling, sleeping
or business unit of vehicular design used or intended or constructed
for use as a conveyance upon the public streets and highways whether
licensed or not and shall further include self-propelled and non-self-propelled
vehicles and other structures so designed, constructed and reconstructed
or added to by means of accessories in such manner as to permit the
occupancy thereof as a dwelling, sleeping place, or for business purposes
for one or more persons and having no foundation other than wheels,
jacks, piers, or skirting so arranged as to be integral with or portable
by the mobile home and shall further include the type of dwelling
known as a trailer or camp car. A mobile home shall not include a
manufactured home of 22 feet in width or more, a manufactured home
being a unit of housing which:
Consists of one or more transportable sections which are substantially
constructed off site and, if more than one section, are joined together
on site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities, as a dwelling
on a permanent or nonpermanent foundation; and
Is manufactured in accordance with the standards promulgated
for a manufactured home by the Secretary of the United States Department
of Housing and Urban Development pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, Pub. L. 93-383
(42 U.S.C.A. § 5401 et seq.) and the standards promulgated
for a manufactured or mobile home by the Commissioner of the Department
of Community Affairs pursuant to the State Uniform Construction Code
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any plot of ground upon which two or more mobile homes or
mobile units used for dwelling or sleeping purposes are located.
A.
Occupancy of mobile homes prohibited; exception for mobile home parks.
Except in a duly licensed mobile home park, or as otherwise provided
for in this chapter, it shall be unlawful for any person to park,
keep, house, maintain or to dwell in or otherwise occupy any mobile
home anywhere within the Township.
B.
Storage of campers and recreational vehicles. A camper or other recreational
vehicle with dwelling or sleeping facilities which would otherwise
be the definition of a mobile home but which is clearly a recreational
vehicle intended for temporary residential use during camping or touring
or similar use shall be permitted to be stored within the Township
on the lands of the owner of the vehicle; provided, however, that
the vehicle shall be maintained on the lands solely for the purpose
of storing the vehicle and no one shall dwell in or otherwise occupy
or use such vehicle for any purpose whatsoever.
A.
License required. Within the boundaries of the Township, no person
shall construct, alter, maintain or operate a mobile home park, nor
shall any person expand an existing mobile home park, nor shall any
person work in, occupy or directly or indirectly in any manner whatsoever
utilize any place or premises constructed, maintained or operated
as a mobile home park until and unless there is a valid and current
license or renewal of license therefor duly issued by the Township
Committee in accordance with the provisions of this chapter.
B.
Term of license; number limited. Licenses or permits to construct
a mobile home park shall be issued for a period of 18 months. Licenses
or permits to alter an existing mobile home park shall be issued for
six months. Licenses or permits to maintain and operate a mobile home
park shall be issued for a period of one year or, where appropriate,
a part of one year and shall expire annually on the first day of June
of each calendar year. The number of licenses or permits to be issued
in the Township to maintain and operate a mobile home park shall not
exceed two.
A.
Application. Every application for a license to construct, maintain
or operate a mobile home park shall contain the following information:
(1)
Legal description by metes and bounds of area to be used for mobile
home park purposes with deed book and page references and lot and
block references from current Township Tax Map;
(2)
Plat plan of overall area showing dimensions by feet and inches,
total acreage, location and width of all roadways, driveways and walkways,
location of all mobile home spaces with identifying lot numbers, parking
areas, fences and all improvements, and plan of landscaping including
finished grading, grass areas and location and identification of all
shrubbery, trees and similar items;
(3)
Plan of electrical lighting, including location of poles and overhead
electrical wires, receptacles for mobile homes, road and walkway lighting
and public area lighting;
(4)
Detailed plan and method of sewage disposal;
(5)
Detailed plan and method of garbage and trash disposal;
(6)
Detailed plan and method of water supply;
(7)
Detailed plan for maintenance and upkeep of roadways and walks within
the mobile home park and snow removal therefrom;
(8)
Name and address of owner or owners. If one or more owners is a corporation,
then the names and addresses of all persons holding 10% or more of
the shares of stock of the corporation;
(9)
Proof of compliance with any and all regulations promulgated by the
New Jersey Department of Environmental Protection pursuant to the
authority of N.J.S.A. 13:1D-7 with respect to water supplies, sewage
disposal, and solid wastes; and also proof of compliance with the
Uniform Construction Code, N.J.A.C. 5:23-1 et seq., with respect to
plumbing and housing.
B.
Alterations; information required. Each application for alteration of a mobile home park, whether by expansion, contraction, modification or change of approved plan, shall be accompanied by all of the information required by Subsection A, excepting, however, that if only minor changes are to be made to the prior approved plan, then, in that event, applicant may submit a copy of the prior approved plan with the changes clearly indicated thereon.
C.
If ownership remains the same, an affidavit may be submitted. If the applicant for an annual license to maintain and operate a mobile home park is the holder of a current annual license to maintain and operate that mobile home park or the transferee thereof so that the application can properly be construed as an application for renewal of an annual license to maintain and operate a mobile home park, then the applicant may, in lieu of re-submitting each of the items set forth in Subsection A, file an affidavit certifying as to each such item that there has been no change or, as to those items in which changes have been effected, the details thereof. Each such affidavit shall further certify that there has been no change of ownership of the mobile home park and no alteration of the mobile home park from the approved plan except in compliance with the provisions of this chapter. This affidavit shall further set forth the total number of mobile home spaces authorized and the total number occupied as of the date of the affidavit. Each such application for renewal of license shall be submitted to the Township Clerk, in writing, at least 35 days prior to the expiration date of the then current license.
D.
Application procedure. Every application, whether for a license to
construct, maintain, alter, or operate or for renewal of annual license
to operate, shall be made in writing in triplicate addressed to the
Clerk of the Township of Fairfield and shall be accompanied by a certified
check in the amount of the license fee provided for in this chapter.
If the application is to construct or alter a mobile home park, a
copy shall be sent forthwith to the Township Planning and Zoning Board
for site plan review recommendations. If the application is to operate
or renewal of license to operate an existing mobile home park, the
Township Clerk shall forthwith forward copies of the application to
the Township's Zoning Officer and Construction Code Official
who shall each thereafter inspect said premises for compliance with
the ordinances of this Township and shall report thereon to the Township
Committee. If noncompliance with any of the ordinances of this Township
is found by any of the officials, then the appropriate official shall
give notice to the applicant of discrepancies found and applicant
shall, within 10 days thereafter, supplement the application in writing
and addressed to the Township Clerk with a statement as to corrective
action taken or to be taken setting forth the action, method of correction
and date corrections will be completed. Applicant may appeal the finding
of any discrepancy in the supplement to application by requesting
a hearing before the Township Committee.
E.
Zoning compliance. Every application to construct a mobile home park or to alter an existing mobile home park in such manner that the alteration will extend the mobile home park beyond its prior approved boundaries shall be accompanied by certification by the Zoning Officer that the area to be utilized for the construction of a mobile home park or for the expansion thereof meets the requirements of Chapter 450, Zoning, including proposed use of the land for mobile home park purposes and whether that usage of land is approved usage under Chapter 450, Zoning, or a variance was obtained from the Planning and Zoning Board for that use.
A.
Denial or suspension of license. Any license or permit required by
this chapter or any renewal of any such license or permit may be denied,
suspended or revoked by the Township Committee for failure to comply
with this chapter or any Township ordinance or state law or regulation
or ordinance of the Cumberland County Board of Health or any other
lawful authority. Before a permit has been denied, suspended or revoked
the Township Committee shall afford the applicant or licensee an opportunity
to be heard in public hearing.
B.
Temporary extension of license to operate. The Township Committee
shall have the authority to grant temporary extension of license to
operate a mobile home park solely for the purposes of granting a hearing
to the findings of the Zoning Officer or Construction Code Official
as to discrepancies of a mobile home park with Township ordinances
or to permit the owner of the mobile home park to complete corrective
action, provided, however, that no temporary extension shall be for
more than 30 days and not more than three temporary extensions shall
be granted to any annual license. No such temporary extension or extensions
shall have the effect of extending, for renewal purposes, the annual
expiration date and every renewal license shall be dated as of the
anniversary date of original issuance regardless of such extension.
The following fees and charges are herewith established:
A.
For the issuance of a license or permit to construct a mobile home
park: $500.
B.
For the issuance of a license or permit to alter a mobile home park:
$300.
C.
For the license or permit to maintain and operate a mobile home park:
an application fee of $100 plus the sum of $20 per month or part of
a month for each trailer space actually occupied. Payment of the application
fee shall be made with each application for annual license. Payment
of the monthly license fee shall be made by the licensee to the Township
Chief Financial Officer monthly, not later than the 10th day of the
next ensuing month following the end of each month accompanied by
a return on forms supplied by the Township Chief Financial Officer
showing the number of trailer spaces occupied during such month. The
Construction Code Official of the Township shall, upon the request
of the Township Committee, furnish such Township Committee with a
report of the number of trailer spaces occupied in such mobile home
park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Issuance permitted; purposes. Temporary housing permits may be issued
by the Township Committee for temporary use of a mobile home or trailer
within the Township for any one of the following purposes:
(1)
Emergency residential use. Use for residential purposes by any Township
resident whose regular residence within the Township has been destroyed
or damaged by fire or other catastrophe as to be unsuitable for dwelling
purposes but is being rebuilt or repaired to restore it to habitable
condition; provided, however, that no temporary housing permit shall
be issued for this purpose for a period exceeding either the time
necessary to restore the damaged or destroyed residence or three months,
whichever first occurs.
(2)
Migrant farm labor use. Use for housing migrant farm laborers actually
employed as part of the laboring force required by the owner of the
land on which the unit or units are to be located for harvesting of
crops grown by the owner for commercial purposes; provided, however,
that no permits shall be issued for this purpose for any portion of
the calendar year other than April 1 through October 31 and further
provided that no permit shall be valid except in the year issued and
no permit shall be issued for this purpose unless the mobile homes
and immediately surrounding areas have been approved by appropriate
state authorities for housing of migrant laborers.
(3)
Construction site office use. Use only on the site of new construction
and only for office purposes in connection with construction, provided
that the trailer shall in no way be used for residential purposes
and that the permit shall be only for the period of time of the construction
on said site.
(4)
Industrial watchman use. Use only as an office for a watchman on
lands actually used for industrial purposes, provided that the trailer
shall in no way be used for residential purposes and may be occupied
by only a bona fide watchman employed by the industry and on the payroll
of the industry in the capacity of watchman and provided further that
the watchman must have a permanent residence other than the place
of the trailer or industrial premises. Such trailers must not have
any sleeping facilities contained within the trailer. Permits shall
be for no longer than six months at a time.
B.
Inspection for temporary permit. No temporary housing permit shall
be issued unless the mobile home or other trailer has first been duly
inspected by the Construction Code Official and found to be fit for
habitation either for dwelling purposes or for its office use including
an adequate supply of fresh, potable running water for drinking purposes,
washing and bathing facilities, and adequate toilet facilities with
sanitary disposal method.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Restrictions on temporary permit. Each temporary housing permit shall
be for only one mobile home unit or trailer and no more than one temporary
housing permit shall be issued for each parcel of land excepting for
migrant labor uses, in which instance there shall be no more than
four permits issued to each farmer. Each temporary housing permit
shall be valid only for so long as the particular use permits and
upon the expiration thereof the trailer shall be removed from the
premises forthwith. Mobile home units used for migrant labor housing
shall be considered to be in storage during the periods when a temporary
housing permit is not permitted and each successive use thereof shall
require issuance of a new temporary housing permit.
D.
Fee for temporary permit. Prior to the issuance of a temporary housing
permit the licensee shall pay to the Township Chief Financial Officer
the sum of $25 for the permit, plus $20 for each month of occupancy
permitted.
E.
Denial or suspension of permit; hearing. Temporary housing permits
required by this section may be denied or suspended by the Township
Committee for failure to comply with this chapter or any pertinent
law or regulation. The Township Committee shall afford the person
whose temporary housing permit has been denied or suspended an opportunity
to be heard in public hearing.
A.
General area. Every mobile home park and the area surrounding the
installation of any mobile home or trailer permitted under a temporary
licensing shall be considered to be a place open to the public such
that all such areas shall be subject to all of the ordinances of the
Township.
B.
Utilities. Every mobile home park and every temporary permit holder
shall supply to every trailer, as a minimum, the following utilities:
(1)
An adequate supply of potable water of satisfactory quality under
adequate pressure; and
(2)
An adequate, safe and sanitary method of sewage disposal; and
(3)
An adequate, safe and sanitary method of garbage and trash disposal;
and
(4)
Adequate electric service for efficient illumination and safe operation
of appliances and equipment.
C.
Construction code. All mobile home parks and the area immediately
surrounding all mobile homes or trailers for which a temporary permit
has been issued shall be subject to all construction and building
codes adopted by or in lawful effect in the Township and all buildings
located in all trailer parks other than the mobile home or trailer
itself shall be subject to all construction and building codes adopted
by the Township.[1]
[1]
Editor's Note: Original § 11-8.4, which immediately
followed this subsection, was repealed by Ord. No. 477-2001.
D.
Inspection. Every mobile home park and every building located on
any trailer park and every mobile home or trailer whether located
in a mobile home park or for which a temporary permit has been issued
by the Township shall, at all times, be subject to examination and
inspection within reasonable hours by any member of the Township Committee
and by any officer or agent of the Township making the inspection
in the regular course of his or her duties and responsibilities.
E.
Park registry. Every holder of a license to maintain or operate a
mobile home park shall establish and maintain a park registry which
shall list in numerical sequence each trailer occupying a trailer
space and the name of the owner of the trailer and if the owner of
the trailer is not an occupant thereof the name of the lessee of each
trailer. The park register shall be kept in an office located in the
mobile home park, shall be current at all times, and shall be available
at all reasonable hours for inspection by officials of the Township.
A.
No existing mobile home park in the Township shall hereafter in any
way expand the perimeter of the mobile home park nor shall it add
any additional mobile home spaces nor shall it permit the occupancy
of any mobile home spaces beyond the number of mobile homes presently
located in said mobile home park except in strict compliance with
this chapter.
B.
Any addition of mobile home spaces or of mobile homes to existing
spaces in any existing mobile home park shall be construed as an alteration
or expansion for which application must be made.
C.
Each existing mobile home park shall be construed to have a temporary current annual license to operate which license shall expire on June 1, 1980, provided, however, that temporary license shall be automatically revoked unless, within 10 days after the effective date of this chapter, the owner of each existing mobile home park submits to the Township Clerk a certified statement of the total number of mobile home spaces in the park and the total number of mobile home spaces which are occupied together with each of the items required by § 314-4A; provided, however, that upon application to the Township Committee by the owner of the mobile home park the Township Committee may, for good cause, extend the period of time for submission of any one or more of the items required by § 314-4A for a period of time up to but not after April 18, 1980.
In addition to the right of revocation or suspension of license by the Township Committee, in the event that any person, partnership or corporation shall violate any of the provisions of this chapter then that person shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5.
