[Adopted 5-28-2019 by Ord. No. 679]
As used in this section, the following terms shall have the
meanings indicated:
"Mobile home park" means a parcel of land or two or more contiguous
parcels of land, containing no fewer than 10 sites for the installation
of manufactured homes, where the sites are under common ownership
and control, other than as a cooperative, for the purpose of leasing
each site to the owner of a manufactured home for the installation
thereof where the owner or owners provide services, which are provided
by the municipality in which the park is located for property owners
outside the park, which services may include but shall not be limited
to:
A parcel, or any contiguous parcels, of land which contain,
on the effective date of this article, no fewer than three sites equipped
for the installation of manufactured homes, and which otherwise conform
to the provisions of this subsection, shall qualify as a mobile home
park for the purposes of this article.
A unit of housing which;
A unit of housing which:
Consists of one or more transportable sections which are substantially
constructed off site and, if more than on section, are joined together
on site; and
Is built on a permanent chassis; and
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 pursuant to the "National
Manufactured Housing Construction and Safety Standards Act of 1974,"
Pub.L. 93-383 (42 U.S.C. § 5401 et seq.) and the standards
promulgated for a manufactured or mobile home by the Commissioner
pursuant to the "State Uniform Construction Code Act," P.L. 1975,
Section 217 (N.J.S.A. 52:27D-119 et seq.).; and
Any unit of housing manufactured before the effective date of
the standards promulgated by the secretary or, as appropriate by the
Commissioner but which otherwise meets the criteria set forth in this
subsection.
A fee on manufactured homes installed in a mobile home park
for the purpose of reasonable payment for services rendered to the
owners of the manufactured homes by the municipality or any other
local taxing authority established pursuant to an ordinance of the
municipal governing body, and for the reimbursement of the municipality
for payments made thereby to the school district in which the mobile
home park is located for educational costs occasioned by pupils residing
in that park.
Includes corporations, companies, associations, societies,
firms, partnerships and joint stock companies as well as individuals.
It shall be unlawful for any person to maintain or operate,
within the limits of the Borough of Buena, any mobile home park unless
such person shall first obtain a license. All mobile home parks in
existence upon the effective date of this chapter shall, within 90
days thereafter, or such additional time as may be allowed by the
governing body of the Borough of Buena, obtain such license.
A.
Any mobile home park must apply for a license within 90 days from
the date of granting of a certificate of occupancy.
B.
The annual license fee for each mobile home park shall be $250, and
said license fee shall cover the period from January 1 to December
31 of each year. An application fee of $50 shall be paid with each
application for the annual license. The application and the application
fee shall be due no later than January 15 of each calendar year. Any
application fee not paid by this time shall be subject to an interest
charge at the lawful rate for the period of the delinquency.
C.
From the effective date of this section, the annual license fee shall
be prorated.
A.
Each application for a mobile home park license shall be filed with
and issued by the Mayor and Council. Applications shall be in writing,
signed by the applicant, and shall contain the following:
(1)
The name and address of the applicant and the name of the owner in
fee of the tract, if the fee is vested in some person other than the
applicant.
(2)
In the event that title to the tract for which application for a
mobile park license is made is vested in some person other than the
applicant, then a duly verified statement by that person that the
applicant is authorized by him/her to construct or maintain the mobile
home park and make the application is required.
(3)
The location and legal description of the mobile home park and the
Tax Map block and lot numbers.
(4)
A complete plan of the park showing the following either existing
or as proposed:
(a)
The extent and area used for mobile home park purposes.
(b)
Roadways, driveways and drainage.
(c)
Location of mobile home spaces.
(d)
Location and number of sanitary conveniences, including toilets,
washrooms, laundries and utility rooms and any ameneties.
(e)
Method and plan of sewage disposal.
(f)
Method and plan of garbage and recyclable removal.
(g)
Plan of water supply.
(h)
Plan of electrical lighting of mobile homes and the mobile home
park, including the roadways and driveways.
(5)
Plan and specifications of all buildings and other improvements constructed
or to be constructed within the mobile home park.
(6)
Such further information as may be requested by the Mayor and Council
to enable it to determine if the proposed park will comply with all
legal requirements.
B.
The application and all accompanying plans and specifications shall
be filed in triplicate. The Department of Health, Borough Engineer
and the Mayor and Council shall investigate the applicant and inspect
the proposed plans and specifications. If the proposed mobile home
park will be in compliance with all provisions of this section and
all other applicable ordinances or statutes, the Mayor and Council
shall approve the application by resolution and issue the license
upon approval of the New Jersey Department of Health and any other
state agencies.
C.
Licenses issued under the terms of this chapter convey no right to
erect any building, to do any plumbing work or to do any electrical
work or any other kind of work ordinarily requiring governmental,
municipal or other permits.
D.
No more than three licenses for mobile home parks shall be issued
and outstanding at any one time, it being hereby determined by the
Mayor and Borough Council that an excess of three mobile home parks
would be detrimental to the welfare of the citizens of the Borough
of Buena.
E.
Every mobile home park and every building located on any mobile home
park and every mobile home, whether located in a mobile home park
or for which a temporary permit has been issued by the Borough, shall
at all times be subject to examination and inspection within reasonable
hours by any officer or agent of the Borough making the inspection
in the regular course of his or her duties and responsibilities.
F.
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 mobile home occupying a space and the name of the owner
of the mobile home, and if the owner of the mobile home is not the
occupant thereof, the name of the lessee of each mobile home. The
park registry shall be kept in an office located in the mobile home
park, and it shall be kept current at all times and shall be available
at all reasonable hours for inspection by the proper officials of
the Borough of Buena.
G.
No existing mobile home park in the Borough of Buena shall hereinafter
in any way expand the perimeter of said 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 article. 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.
A.
The following shall apply to the annual municipal service fee of
the Borough of Buena pursuant to N.J.S.A. 54:4-1.6:
(1)
An annual service fee shall be imposed on all mobile homes installed
in a mobile home park within the boundaries of the Borough of Buena.
In setting this fee, the governing body shall take into account the
extent to which the taxes are assessed and levied against the land
improvements thereto, which together constitute the mobile home park
on which the homes are installed, to defray the cost of services provided
or paid for by the Borough or provided by any other appropriate taxing
authority for lessees of sites in the park. The fee shall be prorated
in order to account for vacancies in the park.
(2)
The annual municipal service fee shall be collected from each owner
of a mobile home on a monthly basis by the owner of the mobile home
park in which the home is located. The park owner shall issue a receipt
to the homeowner upon each collection.
(3)
The amount of the annual service fee, based on consideration of the
factors set forth in N.J.S.A. 54: 4-1.6, shall be allocated among
owners of mobile homes in all mobile home parks, and is set at $20
per month per each mobile or manufactured home, regardless of how
long during said month a mobile home space has been occupied.
(4)
Payment of the monthly fee shall be made by the park owner to the
Tax Collector of the Borough on a quarterly basis. In addition to
the quarterly payment, the park owner shall transmit therewith a copy
of each receipt issued upon collection of each monthly fee. Said monthly
fee shall be payable to the Tax Collector of the Borough on February
1 for the first quarter, May 1 for the second quarter, August 1 for
the third quarter and November 1 for the fourth quarter. A resolution
may be adopted at the beginning of each calendar year by the governing
body of the Borough allowing for a grace period of up to 10 days following
the date upon which the same became payable and due. An official of
the Borough, as designated by the Mayor, shall upon the request of
the Borough Council furnish the Borough Council with the report of
the number of trailer spaces occupied in said park.
(5)
Any amounts due which are not paid within the time required shall
bear interest thereon at a lawful rate covering the period of delinquency.
The individual owner shall bear the burden of paying the late payment
interest charge for failure to pay the municipal service fee when
due and payable, and the park owner shall be charged for failure to
transmit fees actually collected when so required.
B.
Pursuant to N.J.S.A. 54:4-1.6(d), the respective portion of a municipal
service fee allocated to the owner of a mobile home shall be deemed
rent for eviction purposes.
