As used in this chapter, the following terms shall have the
meanings indicated:
MOBILE HOME
Any unit, whether licensed or not, used for living, sleeping
or business purposes by one (1) 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 a manner as to permit the occupancy thereof as a dwelling,
sleeping place or for business purposes for one (1) 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 renewal of a mobile home 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,
or with respect to the park:
A. There is any notice of an alleged violation issued pursuant to this
chapter outstanding and unresolved.
B. The licensee has not paid to the Township the sum due to the Township
under this chapter.
C. The licensee has failed or refused to correct a condition that would
constitute a violation of this chapter.
D. The licensee fails to submit any map required under this chapter.
E. The licensee has failed to pay or cause to be paid any taxes upon
the lands covered by such license.
F. 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.
G. Any operation of the licensee under this chapter endangers the person
or property of adjoining landowners or other persons in the Township.
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 thirty-five (35) acres provided, however, that an area of
not less than thirty (30) acres may be added to an existing mobile
home park if contiguous thereto and the entire area of the park is
in compliance with the provisions of this chapter. No permit or license
for a mobile home park shall be issued for a mobile home park in excess
of one hundred (100) spaces for each thirty (30) acres, whether owned
in corporate, partnership or individual form, unless the entire area
of such park is in compliance with the provisions of this chapter.
[Ord. #2002-20, § 1]
The licensee of a mobile home park shall, pursuant to N.J.S.A. 2A:18-61.1, evict from a mobile home or land in the mobile home park any lessee, or tenant or the assigns, under tenants or legal representatives of such lessee or tenant who has, in accordance with N.J.S.A. 2A:18-61.1(n), been convicted, pleaded guilty to, or adjudicated delinquent of a drug-related offense under the "Comprehensive Drug Reform Act of 1987" (N.J.S.A. 2C:35-1 et seq.), or who has been held liable in a civil action for removal under N.J.S.A. 2A:18-61.1 for an offense under the "Comprehensive Drug Reform Act of 1987" in accordance with N.J.S.A. 2A:18-61.1(p). Failure to comply with this provision may result in suspension, revocation, denial, or limitation of a mobile home license in accordance with §
31-8 herein.
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 the Township's Zoning
Ordinances including proposed use of the land for mobile home park
purposes and whether that usage of land is approved usage under the
Zoning Ordinance or a variance was obtained from the Zoning Board
of Adjustment for that use.
[Ord. #2002-20, § 2]
Any license or permit required by this chapter or any renewal
of any such license or permit may be denied, suspended, revoked, or
limited by the Township Committee for failure to comply with this
chapter or any Township of Plumsted ordinance or state law or regulation
or ordinance of the Ocean County Board of Health or any other lawful
authority. Before a permit has been denied, suspended, limited or
revoked, the Township Committee shall afford the applicant or licensee
an opportunity to be heard in public hearing.
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 finding 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 said mobile
home park to complete corrective action; provided, however, that no
temporary extension shall be for more than ninety (90) days and not
more than three (3) temporary extensions may be granted to any annual
license. Extensions may be granted at the discretion of the governing
body. 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.
[Ord. #93-02, §§ 1, 2; Ord. #2008-19, § 1]
A. Application to develop a mobile home park. 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 two hundred fifty dollars ($250.),
which fee is nonreturnable.
B. Validation or abandonment. If the application and/or license has not been validated by the Township Committee by reason of the failure to receive the Township approvals set forth in §
31-5D within one (1) year of the date of the filing of the application with the Clerk, then the license will be deemed abandoned under no further force and effect; however, if the applicant or licensee has obtained the necessary Township approvals, the Township Committee may extend the time limit for one (1) additional year to obtain necessary state approvals and final validation as provided for hereinafter.
C. Payment of the annual license fee shall be submitted to the Township
Clerk no later than thirty-five (35) days prior to the expiration
date of the current license. Payment of the monthly license fee shall
be made by the licensee to the Township Clerk monthly, not later than
the tenth day of the next ensuing month following the end of each
month, accompanied by a return, on forms supplied by the Township
Clerk showing the number of trailer spaces occupied during such month.
The Township Building Official shall, upon the request of the Township
Committee, furnish such Township Committee with a report of the number
of trailer spaces occupied in such mobile home park.
D. Any amounts due which are not paid within the time required shall
bear interest thereon at the lawful rate covering the period of delinquency.
A penalty of fifty cents ($.50) per pad or a minimum of twenty-five
dollars ($25.), whichever is greater, shall be assessed for each day
of delinquency.
E. Annual license; fees. The operator or owner of each licensed mobile
home park or single mobile home owner shall pay to the Township an
annual license fee of fifty dollars ($50) and one dollar ($1) for
every trailer over two (2), together with the following fee per trailer
for the use and benefit of the Township:
(1) The sum of ten dollars ($10) per month for each trailer which in
size does not exceed either fifty (50) feet in length nor ten (10)
feet in width;
(2) The sum of fifteen dollars ($15) per month for each trailer more
than fifty (50) feet in length but not more than sixty (60) feet in
length, or more than ten (10) feet in width but not more than twelve
(12) feet in width;
(3) The sum of twenty dollars ($20) per month for each trailer which
exceeds either the maximum length or maximum width sizes in the preceding
paragraphs hereof. The sizes referred to in this section shall be
measured at the exterior of each trailer.
F. For each reinspection during the calendar year necessitated by the
issuance of a conditional license, the operator or owner of a mobile
home park shall pay a re-inspection fee as follows:
(1) For the first reinspection: one hundred fifty dollars ($150.):
(2) For the second reinspection: two hundred dollars ($200.);
(3) For the third reinspection: two hundred fifty dollars ($250.);
(4) For the fourth or more reinspection, a fee equal to fifty dollars
($50) greater than the previous re-inspection fee.
[Ord. #96-03, § 1; Ord. #2001-05, § I;
Ord. #2010-05]
Temporary permits may be issued by the Township Commit-tee for
temporary use of mobile home or trailer within the Township for any
one (1) of the following purposes:
A. 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, replaced 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.
B. 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.
C. Farm employee use. Use only on farmland assessed and qualified and only in the connection with the farming operations of that site. The use shall be for adult farm labor employees of the farm owner. School age minors are strictly prohibited. An annual nonrefundable fee of four hundred dollars ($400) will apply. Said temporary trailer permit is for a period of one (1) year and shall expire on December 31st. Fee will be pro-rated if permit is applied for during the course of the calendar year. The farm employee temporary trailer is subject to inspection as set forth in Chapter
31, Section 12.
D. Environmental remediation purposes. Use only on the site of environmental remediation and only for office purposes in connection with environmental remediation purposes, the trailer shall in no way be used for residential purposes. The permit shall be issued for a one (1) year period for an annual nonrefundable fee of four hundred dollars ($400) will apply. Said temporary trailer permit is for a period of one (1) year and shall expire on December 31st. Fee will be pro-rated if permit is applied for during the course of the calendar year. The environmental remediation purpose temporary trailer is subject to inspection as set forth in Chapter
31, Section 12.
E. Farm office use. Use only on farmland assessed and qualified and
only in the connection with the farming operations of that site. The
use shall be for farm office use only. An annual nonrefundable fee
of four hundred dollars ($400) will apply. Said temporary trailer
permit is for a period of one (1) year and shall expire on December
31st. Fee will pro-rated if permit is applied for during the course
of the calendar year. The farm office use temporary trailer is subject
to annual inspections.
[Ord. #96-03, § 1]
No temporary housing permit shall be issued unless the mobile
home or other trailer has first been duly inspected by the Mobile
Home Inspector 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.
[Ord. #96-03, § 1]
Each temporary permit shall be for only one (1) mobile home
unit or trailer, and no more than one (1) temporary permit shall be
issued for each parcel of land. Each temporary 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.
[Ord. #96-03, § 1]
Prior to the issuance of a temporary permit, the licensee shall pay to the Township Chief Financial Officer the sum of one hundred dollars ($100) for the permit and one hundred dollars ($100) for each ninety (90) day renewal thereafter. No temporary permit for residential purposes shall be issued in excess of one (1) year. After one (1) year, the owner shall pay the sum of two hundred fifty dollars ($250) per month until the trailer is removed and is subject to violations and penalties as set forth in section
31-19.