[HISTORY: Adopted by the Township Committee of the Township of Alloway 12-30-1976 by Ord. No. 153. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 115.
[Amended 11-15-2018 by Ord. No. 508]
As used in this chapter, 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 Alloway 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 chapter) and which:
A. 
Is 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.
No person, persons, corporation or partnership owning any lot or tract of land within the Township of Alloway shall allow or permit any trailer to be located, parked, used, occupied, kept or maintained upon said lot or tract of land within the Township of Alloway except as provided in this chapter.
A trailer shall be permitted to be used temporarily in the following circumstances only:
A. 
A trailer used as a licensed recreational vehicle may be stored upon a residential lot, provided that the positioning, size, and location of that trailer does not cause the trailer, independently of or in conjunction with the residence upon such premises, to be in violation of any Zoning Ordinance provision pertaining to lot coverage or front, rear, or side line setback.
B. 
A trailer may be allowed upon a site whereon there is active construction of a nonresidential building, provided that such trailer shall be used only in connection with such building and shall not remain upon the premises for longer than two weeks past the completion of said building.
C. 
A trailer may be allowed upon a residential lot where there is active construction of a residential building, provided that such trailer shall only be used as the sole temporary dwelling unit when the preexisting residential building has been damaged as defined in this chapter. Trailers permitted to be used for such purpose shall not be required to meet the requirements of zoning ordinances of the Township of Alloway.
D. 
A trailer shall be permitted to be used for a period of no longer than one week in connection with a commercial sale being undertaken by a commercial enterprise, provided that such trailer is located upon the premises of such commercial enterprise operating the sale. This provision, however, shall not be used by a single commercial enterprise more frequently than three times per calendar year. In order to employ this exception, such commercial enterprise wishing permission to locate the trailer shall make application to the Township Clerk, giving the size of such trailer, the time during which such trailer shall be employed, the capacity amount of persons allowed to be in the trailer at any one time, and such other facts as shall be needed to ascertain whether the use and location of such trailer will not offend the pubic good and welfare of the Township of Alloway. The Township Clerk shall not deny a license unless the public good and welfare of the Township of Alloway shall be violated. In making such judgment, he may request reports from the Director of Public Safety and the fire commissioners of the district within which the trailer is planned to be located. The fee for said license shall be $25.
E. 
A trailer or trailers may be allowed upon premises when the said trailer is part of the equipment of any person, persons, corporation, or partnership that is in the business of constructing residential and nonresidential buildings, provided that the use of the premises meets the requirements of the Zoning Ordinance of the Township of Alloway and that the said trailer is not used for storing materials.
[Added 11-15-2018 by Ord. No. 508]
The owner of a structure or trailer that is intended to serve as a temporary housing trailer as defined in this chapter may apply for a license by submitting the following information to the Alloway Township Clerk for review by the Alloway 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 Alloway Township Housing Officer confirming that the dwelling unit for which temporary housing trailer(s) is/are being issued as temporary dwelling unit(s) has, in fact, been damaged as defined in this chapter.
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 the 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 chapter, 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 10 feet of shared 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 owners(s) of the temporary housing trailer, all acknowledging that they have read and understand this chapter 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 the 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 any temporary housing trailer(s) from the lot at the applicant's expense if not removed by the applicant.
[Added 11-15-2018 by Ord. No. 508]
A. 
After a temporary housing trailer application has been filed with the Township Clerk, the Clerk and Mayor will promptly review it with other Township personnel to ascertain whether it includes sufficient information as specified above.
B. 
If the application is deemed by the Mayor and Clerk to be sufficiently complete, the Clerk, at the Mayor's direction, will schedule the application for review at a regular or special Township Committee meeting and issue written notice of the meeting date to the applicant [i.e., the owner(s) of the proposed temporary housing trailer(s), the lot owner(s), and the head of household].
C. 
If the Township Committee, in consultation with the Housing Officer, Construction Official, and such other Township employees and officials as may be deemed appropriate, determines that the application lacks complete or credible information, or presents an unreasonable or inappropriate temporary housing trailer proposal, or one that would in reasonable likelihood impair the health, safety, or welfare of the intended occupants, neighboring landowners, or the general public, the Township Committee may deny the application with the understanding that the same applicant or another applicant may reapply for a license with additional or different information or an alternate temporary housing trailer proposal.
D. 
If the Township Committee, in consultation with the Housing Officer, Construction Official, and such other Township employees and officials as may be deemed appropriate, determines that the application contains complete and credible information, and presents a reasonable and appropriate temporary housing trailer that will not impair the health, safety, or welfare of the intended occupants, any neighboring landowners, or the general public, the Township Committee may grant a license to place the temporary housing trailer(s) on the lot, subject to the following conditions:
(1) 
The initial duration of the license shall be six months from the date of the Township Committee's vote for approval, or from that date of approval until the estimated repair or reconstruction completion date provided per § 106-5 above, whichever is longer. Thereafter, the license may be extended for subsequent durations as may be deemed appropriate by the Township Committee for good cause, and with modified or supplemental conditions as may be deemed appropriate by the Township Committee, upon the written request of the applicant [i.e., the owner of the temporary housing trailer(s)]. The license will automatically expire at the end of the initial duration unless extended; if extended, the license will expire automatically at the end of the last extension.
(2) 
Prior to placing the temporary housing trailer(s) on the lot, the applicant [i.e., owner of the temporary housing trailer(s)] must post a cash deposit with the Township in the amount of $2,500 for each temporary housing trailer to be placed on the lot, and the applicant, head of household, and lot owner must enter into a license agreement with the Township providing as follows:
(a) 
The license agreement must specify the initial license duration and authorize the Township to remove the temporary housing trailer(s) from the lot if the applicant fails to do so.
(b) 
The license agreement must authorize the Township to take reimbursement from the aforesaid deposit for any costs incurred with respect to removal of the temporary housing trailer(s) from the lot, and any costs incurred in connection with any other aspect of noncompliance and the conditions of the license, including any post-removal transportation, storage and disposal costs, and any court costs, attorneys' or other professional fees, and must further provide that the balance of the deposit following such removal, if any, will be returned to the applicant only after the applicant retrieves the temporary housing trailer(s) from the Township.
(c) 
The license agreement must require the applicant to reimburse the Township, prior to retrieving the temporary housing trailers(s) from the Township, for any costs incurred by the Township as aforesaid in excess of the deposit.
(d) 
The license agreement must include the manufacturer's name(s), model(s), and serial or other identification number(s) of the temporary housing trailer(s) that will be placed on the lot.
(e) 
The license agreement must include the approved plan or drawing of the lot and require that the temporary housing trailer(s) be placed upon the lot in conformance with the approved plan or drawing.
(f) 
The license agreement must require 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).
(g) 
The license agreement must provide that no person may reside in or otherwise occupy the temporary housing trailer(s) until all applicable construction approvals and certificates of occupancy have been issued by the Alloway Township Housing Officer and Construction Official, but that no zoning permit is required while the license is in effect.
(h) 
The license agreement must provide that the license may be revoked by the Township Committee for any noncompliance with its terms and conditions, in which case the temporary housing trailer(s) must be removed from the lot within two weeks following the Township's issuance of revocation notice.
(i) 
The license agreement must require the applicant(s), the lot owner(s), and the head of household to release and agree to indemnify, defend, and hold the Township harmless from and against any claim, judgment, or other costs for personal injuries, losses, or damages to any person or property, including, but not limited to, damage to the temporary housing trailer(s) and the household's furnishings and other contents therein, that are or may be caused, incurred, or alleged in connection with the Township's removal, transportation, storage, and disposal of the temporary housing trailer(s), utility connections, and other appurtenances, or any other exercise of the Township's rights or remedies under the license agreement and/or this chapter.
(j) 
The license agreement may contain any other conditions imposed by the Township Committee based on the particular facts or circumstances of the temporary housing trailer proposal.
(k) 
To become effective, the license agreement must be signed by the applicant [i.e., the owner(s) of the temporary housing trailer(s)], the head of household, the lot owner(s), and the Township.
(l) 
The fully executed license agreement will constitute the license. The license will take effect upon execution of the license agreement by all parties, but the duration of the license will run from the date of the Township Committee's vote for approval, not from the effective date of the license.
(3) 
Prior to placing any trailer having its own motor power on a lot as a temporary housing trailer, the applicant (i.e., the owner of the trailer) must give Alloway Township a set of ignition and door keys for the trailer.
(4) 
No temporary housing trailer may be placed on any lot in Alloway Township without an effective temporary housing trailer license.
(5) 
No person may reside in or otherwise occupy a temporary housing trailer until the Alloway Township Housing Officer has confirmed that the correctly specified temporary housing trailer has been placed on the lot as depicted on the approved plan or drawing, and all applicable construction approvals and certificates of occupancy have been issued by the Alloway Township Construction Official (no zoning permit is required while the license is in effect).
(6) 
The applicant [i.e., the owner(s) of the temporary housing trailer(s)] must remove the temporary housing trailer(s) from the lot within two weeks following the expiration of the license. If not so removed, the Township may remove the temporary housing trailer(s) and shall be entitled to reimbursement for all costs as provided above.
(7) 
Any license may be revoked by the Township Committee for any noncompliance with its terms and conditions, or any violation of this chapter, in which case the temporary housing trailer(s) must be removed from the lot within two weeks following the Township's issuance of revocation notice. If not so removed, the Township may remove the temporary housing trailer(s) and shall be entitled to reimbursement for all costs as provided above.
[Amended 5-10-1979 by Ord. No. 183]
The provisions of this chapter shall not apply to a trailer which qualifies as a nonconforming structure and use under the Township Land Use Ordinance or which qualifies as a replacement trailer under § 75-54 of Article XI of Chapter 75, Land Use, of the Code of the Township of Alloway.
Any person or persons, corporation or partnership convicted of a violation of this chapter shall be subject to a fine of not more than $500 or to imprisonment in the county jail for a period not to exceed 90 days, or both.