[1973 Code § 4-5.1; Ord. No. 90-01 § 1]
As used in this chapter:
shall mean a manufactured, transportable year-round single-family
dwelling built on one (1) or more chassis and containing a flush toilet,
bath or shower, and kitchen sink; designed to be connected to a piped
water supply, sewerage facilities and electrical service.
shall mean a parcel of land designed to accommodate a mobile
home and includes the mobile home stand and the mobile home yard.
shall mean a parcel of land which has been so designated
and improved that it contains two (2) or more mobile home lots available
to the general public for the placement of mobile homes for occupancy.
shall mean that part of the drainage system of a mobile home
lot beginning at the inlet of the sewer riser pipe which receives
the discharge from the drain outlet of the mobile home and terminating
at the sewer line serving the mobile home park.
shall mean a plot of ground within a mobile home park improved
and authorized pursuant to this section for the accommodation of one
(1) mobile home.
shall mean that part of the mobile home lot excluding the
mobile home stand.
shall mean that part of a mobile home lot which has been
reserved exclusively for the placement of a mobile home.
shall mean the owner or his designated agents being administrative
officers of the mobile home park.
shall mean garbage, combustible or noncombustible waste solids.
shall mean any liquid waste containing animal or vegetable
matter in suspension or solution or the water carried waste resulting
from the discharge of water closets, laundry tubs, washing machines,
sinks, dishwashers or any other source of water carried waste.
shall mean the connector consisting of all pipes, joints,
fittings and appurtenances from the drain outlet of the mobile home
to the inlet of the mobile home sewer.
shall mean any person who rents or leases a mobile home lot
from the park management.
shall mean the connection consisting of all pipes, fittings
and appurtenances from the water riser to the water inlet of the distribution
system of the mobile home.
shall mean the pipe conveying water from a water main to
the water riser on a mobile home lot or to the water distributing
system of a building.
[1973 Code § 4-5.1; Ord. No. 90-01 § 1; Ord. No.
90-20 § 1; Ord. No. 2016-03]
a.
No person
shall conduct or carry on the business of the operation of a mobile
home park, or work in, occupy, or directly or indirectly in any manner
whatsoever utilize any place or premises in which is conducted or
carried on a mobile home park, unless there is granted by the Governing
Body in accordance with the terms of this section and shall be in
force and effect, a license to conduct the mobile home park, for the
place and premises in or at which the same is conducted and carried
on.
b.
The license
shall be applied for by written application filed with the Borough
Clerk for the Governing Body. Such application shall set forth the
full name and address of the applicant, the particular kind or character
of business to be carried on or conducted, the location or place of
the premises in or at which the same is to be carried on, the total
area of the ground space thereof and a diagram of the same, and such
other information as the Governing Body determines as appropriate.
The application shall also be accompanied with a deposit to cover
the license fee for the current year in the amount hereinafter provided,
which license fee, after the beginning of the year, as to any place,
shall be proportionately prorated for the remainder of the year.
c.
The annual
license fee for each mobile home park shall be fifty ($50.00) dollars,
up to and including the first twenty-five (25) mobile homes or mobile
home spaces, occupied or unoccupied, and one hundred ($100.00) dollars
for twenty-six (26) mobile homes or mobile home spaces and above,
for the period of January 1 to December 31 of each year and the license
shall expire annually on December 31 of the same year. In addition
to the annual license fee, the licensee shall pay a weekly fee of
three ($3.00) dollars for each occupied mobile home space. For mobile
homes arriving before Thursday of any week, the licensee shall be
responsible for a full week's fee and no fee if arrival commences
on Thursday or later. The fees are hereby expressly declared to be
imposed for revenue, and the annual licensing fees as above provided
shall be payable in advance for each year. All weekly fees shall be
paid annually upon billing by the Borough.
d.
Licenses
for the renewal of mobile home park licenses previously issued to
an applicant shall be issued upon consultation by the municipal agencies
required in case of original applications and public hearing, if it
shall appear that the proposed mobile home park conforms to this section
and the design standards herein set forth, upon payment of the fees
herein required. Application for a renewal license shall be made by
filing of four (4) copies of a written application signed by the person,
firm or corporation seeking a renewal license, which shall contain
the following information and be accompanied by the following statements:
1.
The application
shall set forth the name and address of the owner of the mobile home
park and, if there has been a change in ownership, shall so state.
If the mobile home park is owned by a corporation, the renewal application
shall state the names and addresses of the owners of ten (10%) percent
or more of the issued outstanding capital stock of the corporation
and, in the event of a change in ownership of ten (10%) percent of
the issued outstanding stock of any such corporation, such change
in ownership shall also be noted.
2.
The application
shall set forth any changes in the mobile home park with respect to
matters set forth in the last application and shall contain all data
required with respect to an original application concerning any changes
unless such changes have been previously approved.
e.
Mobile home
parks shall not be operated by any person until the Governing Body
has given formal approval by issuance of an appropriate license or
permit. This license or permit shall be displayed in a conspicuous
place on the premises where it can easily be observed. No person shall
operate a mobile home park whose license is suspended.
f.
Every person
holding a license for the operation of a mobile home park shall file
with the Borough Clerk not later than January 1st of each year a report
setting forth the following:
1.
The name,
business and residence addresses and telephone numbers of the holder
of the license or, if the holder is a corporation, the name, business
and residence addresses and telephone numbers of the officers of the
corporation and of the principal of the mobile home park.
2.
The name,
business and residence addresses and telephone numbers of the person
in charge of the supervision and operation of the sewerage system.
3.
The name,
business and residence addresses and telephone numbers of the person
in charge of the maintenance of the roads and streets in the mobile
home park.
|
In the event that there is any change in the identity of any
of the persons aforementioned, notice of such change shall be filed
with the Borough Clerk within forty-eight (48) hours from the date
of such change.
|
g.
No person
shall permit any licensed premises to be used for immoral purposes
or suffer the violation thereon or therein of any penal law or of
any regulation of the Borough.
h.
Such licensed
place or premises shall at all times comply with all proper police
and fire regulations imposed by the Borough regulations and this revision.
i.
Businesses
and the place and premises where conducted shall be subject to examination
and inspection by day or night by the Governing Body, or a committee
thereof, and by the police, fire and health authorities, and the Building
Inspector of the Borough.
j.
The Governing
Body shall not license more than two (2) mobile home parks simultaneously
in the Borough. No such license shall be transferable without the
permission of the Governing Body.
k.
All mobile
home parks, as herein defined, shall comply with all existing State,
County and Federal regulations governing same.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
A Certificate of Occupancy shall be issued on each mobile home
stand by the Construction Official when the required improvements
on the stand have been installed and completed in accordance with
the provisions of this section. The fee for the required inspection
and Certificate of Occupancy shall be twenty-five ($25.00) dollars
per stand; such fee in lieu of bonding and inspection fees by the
Township Engineer.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
a.
Mobile
home lots constructed after the effective date of Chapter IX of the
New Jersey State Sanitary Code shall be provided with water risers
and water service pipes of at least three-quarter (3/4) inch nominal
inside diameter.
b.
A shutoff
valve shall be provided for each water service pipe.
c.
Underground
combination stop and waste valves shall not be installed.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
a.
Insects.
1.
Mobile
home parks and mobile home lots shall be kept free from articles which
may hold water and provide temporary breeding places for mosquitoes.
Permanent mosquito control measures such as draining and filling depressions
in which water may collect shall be taken by the park management,
together with such supplemental larvicidal measures as need indicates.
2.
Fly breeding
shall be controlled by eliminating the unsanitary practices which
provide breeding places. Refuse containers shall be repaired or replaced
when so damaged that they leak or their lids do not fit in a flytight
manner. The area surrounding the refuse container shall not be permitted
to become littered with garbage nor saturated with waste liquid from
garbage. All containers shall be maintained in a clean and sanitary
condition.
3.
Insecticidal
measures shall be applied if necessary.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
a.
General. The storage and collection of refuse shall be so
managed as to prevent health hazards, rodent harborage, insect breeding,
accident hazards, or air pollution.
b.
Refuse Containers. All refuse shall be stored in durable,
flytight, watertight and rodent proof containers.
c.
Facilities For Container Location. Each mobile home lot
or each centralized location for refuse containers shall be provided
with one of the following:
1.
A slab
of impervious material large enough to accommodate the number of containers
provided.
2.
A rack
or holder of a type approved by the park management providing at least
six (6) inches of clear space beneath, or a cart providing at least
four (4) inches of clear space beneath.
3.
A properly
protected container in an underground storage installation.
d.
Collection.
Refuse shall be collected at least twice weekly.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
a.
Storage and Handling of Fuel Oil and Flammable Liquids. In
the absence of applicable municipal ordinances, statutes or rules
and regulations, the handling and storage of gasoline, fuel oil or
other flammable liquids shall be in compliance with the pertinent
standards of the National Board of Fire Underwriters (Pamphlet No.
30).
b.
Storage and Handling of Liquefied Petroleum Gases. The handling
and storage of liquefied petroleum gases shall be in compliance with
the applicable rules and regulations of the New Jersey State Department
of Law and Public Safety, Division of State Police.
c.
Racks. Fuel-oil racks shall be of noncombustible material.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
The owner of every mobile home shall equip the mobile home at
all times with one (1) fire extinguisher with an underwriters' rating
of BC10, in good working order. No open fires shall be permitted at
any place which would endanger life or property. No fires shall be
left unattended at any time. Mobile home areas shall be kept free
of combustible refuse.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
a.
In every
mobile park there shall be an office established which may be either
in a mobile home or permanent building which shall be the office of
the person in charge of the park. A copy of the park license and of
this chapter shall be posted therein and the park register, as hereinafter
referred to in this section, shall at all times be kept in the office.
b.
It is
hereby made the duty of the attendant or the person in charge of the
office, together with the licensee, to:
1.
Keep
at all times a register containing a record of all mobile home owners
and occupants located within the park. The register shall be kept
available for inspection at all times by State, Federal and Borough
law enforcement officers, public health officials and other officials
whose duties necessitate acquisition of the information contained
in the register. The register records shall not be destroyed for a
period of three (3) years following the date of registration. The
register shall contain the following information:
(a)
Names and addresses of all mobile home owners and occupants.
(b)
Dates of entrance and departure.
|
It shall be the obligation of the licensee, every three (3)
months, to submit one (1) copy of the park registry, so far as it
pertains to the preceding three (3) months, setting forth the aforementioned
information, to the Borough Clerk.
|
2.
Maintain
the park in a clean, orderly and sanitary condition at all times.
3.
See that
the provisions of this chapter are complied with and enforced and
report promptly to the proper authorities any violation of this chapter
or any other violation of law which may come to his attention.
4.
Report
to the Health Officer all cases of persons or animals infected or
suspected of being infected with any communicable disease.
5.
Prevent
the running loose of dogs, cats or other animals or pets.
6.
Prohibit
the use of any mobile home by a number of occupants greater than that
for which it is designed to accommodate by the manufacturer.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
The Governing Body may revoke any license to operate and maintain
a mobile home park upon the violation of any of the provisions of
this chapter. Such revocation can be made only after a hearing is
given to the licensee, of which hearing the licensee shall be given
at least ten (10) days' notice, together with specifications of the
violation or violations, and the dates when the same occurred.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
a.
It shall
be unlawful within the limits of the Borough for any person to maintain,
occupy or park any mobile home on any street, alley or highway or
other public place within the Borough except as provided in this chapter.
b.
Emergency
or temporary stopping or parking is permitted on any street, alley
or highway but not for longer than two (2) hours subject to any other
and further prohibitions, regulations or limitations, if any, imposed
by the traffic and parking statutes, regulations or ordinances for
that street, alley or highway.
c.
No person
shall occupy any mobile home, trailer or automobile trailer on the
premises of any occupied dwelling or on any lot which is not a part
of the premises of any occupied dwelling, either of which is situated
outside an approved mobile home park, except, however, that the provisions,
conditions and requirements of this chapter shall not apply to a dependent
unit, provided that the dependent unit shall not be used for habitation
within the Borough for more than sixty (60) days in any calendar year.
For purposes of this section, a day shall consist of a period of twenty-four
(24) consecutive hours, or a portion thereof. Any dependent unit so
used for habitation for more than sixty (60) days in any calendar
year shall be classified as a mobile home, and shall be subject to
all the regulations for a mobile home as set forth in this chapter.
[1973 Code § 4-5; Ord.
No. 90-01 § 1]
No mobile home shall be located anywhere in the Borough unless
located in a licensed mobile home park. Any mobile home legally located
on a private parcel or lot prior to the adoption of this chapter shall
be considered a nonconforming mobile home and shall not be removed
or replaced without the consent of the Governing Body. Wherever any
such mobile home remains uninhabited, or in the event the same shall
be removed from its original location for a period of three (3) months,
the mobile home shall not be permitted to remain upon the premises
nor shall the same be permitted to be relocated upon the premises.
[Ord. No. 03-08]
The Code of the Borough of Lakehurst is hereby amended by this
section for the purposes of creating a Municipal Service Fee and determining
the amount of said fee and the collection of said fee as is provided
for in accordance with and pursuant to N.J.S.A. 54:4-1.6.
[Ord. No. 03-08]
Pursuant to N.J.S.A. 54:4-1.3, there shall be a weekly municipal
service fee imposed upon manufactured homes installed in a mobile
home park as provided for in the Manufactured Home Taxation Act, N.J.S.A.
54:4-1.2. The purpose of the municipal service fee is to pay the Borough
a reasonable payment rendered to the owners of the manufactured homes.
[Ord. No. 03-08]
The terms manufactured homes, mobile home park, municipal service
fee shall be precisely as they appear and are defined in N.J.S.A.
54:4-1.4.
[Ord. No. 03-08]
a.
This section
and the terms and conditions contained herein apply only to manufactured
homes in a mobile home park.
b.
The following
assumptions are factually presumed in the enactment of this section.
1.
This
section only applies to manufactured homes;
2.
Projects
and/or developments to which this section applies may have children
residents and provide domicile or residency to any individual who
may be attending any of the local public schools.
3.
That
the construction and maintenance of streets, lighting on streets and
other common areas, garbage removal and snow removal shall be the
responsibility of the mobile home park owner and not the Borough.
|
Should any of the aforesaid assumptions be determined to be
inappropriate, illegal, invalid or incorrect, then and in that event,
the Borough will on an annual basis revise the formula set forth herein
below to take into consideration any or all of the presumptions deemed
to be invalid, unenforceable or incorrect.
|
[Ord. No. 03-08]
a.
The municipal
service fee shall be collected from each owner of a manufactured home
on a weekly basis by the owner of the mobile home park in which the
home is situated. The mobile home park owner shall transmit the fees
collected to the Tax Collector on a quarterly basis. Each payment
shall be due in satisfaction of the annual municipal service fee as
follows:
b.
In the
event that the quarterly payments set forth above are not timely paid
or not paid, interest shall accrue on the delinquent payment at an
annual interest rate of eighteen (18%) percent, from the date at which
the municipal service fee was due and payable. The delinquent amount
and the interest thereupon shall be charged to the mobile park owner
and shall constitute a lien on that real estate in the same manner
as unpaid real estate taxes would in accordance with N.J.S.A. 54:4-67
and N.J.S.A. 54:5-6.
c.
The Tax
Collector shall collect and maintain records of the municipal service
fee paid by the mobile home park owner.
d.
The Tax
Collector shall notify the mobile home park owner of the amount of
weekly municipal service fee no later than June 30.
e.
The mobile
home park owner shall annually no later than July 30 of the pre-tax
year advise each manufactured home owner of his/her pre-rated share
of the municipal service fee payable during the subsequent year.
[Ord. No. 03-08]
The quarterly payment, as provided herein, shall be based upon
the total number of occupied units including units for which a Temporary
Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO)
has been issued in the previous quarter.
The municipal service fee shall be pro-rated as necessary in
order to account for vacancies in the mobile home park. It shall be
the obligation of the mobile home park owner to notify the Tax Collector
of any vacancies in writing. The removal of any property from its
obligation to pay a municipal service fee shall become effective in
the following quarter after the written notice of vacancy is received
by the Tax Collector.
[Ord. No. 03-08; Ord. No. 04-06]
a.
Purpose.
The intent and purpose of the creation of the municipal service fee
is consistent with and pursuant to N.J.S.A. 54:4-1.2 et seq. The formula
establishing the fee is intended to create an amount paid to the municipality
which fairly represents the cost the municipality provides in services
to the mobile home park and reduces therefrom the extent to which
taxes are assessed and levied pursuant to Title 54 of the New Jersey
Statutes against the land and improvements thereto.
b.
The Formula. The municipal service fee shall be computed
by use of the following formula:
2.
Mobile
Home.
(a)
Total number of mobile homes.
(b)
Percent of mobile homes v. residential homes.
(c)
Percent rate times base home rate.
(d)
Add to the base rate, for 2004, the average sum calculated in the
tipping fees generated by residential refuse in 2003. Use the annual
tipping fees in future to calculate the rate of this section.
c.
Annual Review and Adjustment. The municipal service fee
shall be reviewed and adjusted annually, if necessary and appropriate
by applying the above formula. The Governing Body may establish the
adjusted annual municipal service fee by a resolution approved by
a majority of the Governing Body with a quorum present. The adjusted
municipal service fee shall be established and the Tax Collector shall
notify any qualified mobile home park of the adjusted amount in accordance
with the terms and provisions hereinabove stated.
[Ord. No. 03-08]
In the event the owner of a mobile home park fails to remit
the municipal service fee collected from the owners of a manufactured
home located in the mobile home park, such owner of the mobile home
park shall be liable to the Borough for the municipal service fee,
together with the interest thereon, together with all necessary and
reasonable costs incurred by the Borough to collect the municipal
service fee including, without limitations, title search fees, attorney's
fees, administration costs and filing fees.
[Ord. No. 03-08]
The municipal service fee established for each mobile home park
shall be allocated equally among all owners of the manufactured homes
located in such park.
[Ord. No. 03-08]
The mobile home park owner shall annually, no later than July
30 of the pre-tax year, advise each manufactured homeowner of his/her
pro-rated share of the municipal service fee, payable during the subsequent
year.
[Ord. No. 90-01 § 1]
The provisions of this chapter comprise minimum standards with
which all mobile home parks and the management of all mobile home
parks shall comply. Mobile home parks shall also be subject to the
laws of the State of New Jersey and to all other ordinances of the
Borough of Lakehurst, as well as to Chapter IX of the New Jersey State
Sanitary Code. If any law, ordinance, statute, rule or regulation
imposes standards stricter or more severe than the standards imposed
in this chapter, the stricter or more severe standard shall apply.
[1973 Code § 4-5.3; Ord. No. 90-01 § 1; New]
a.
In case
of the failure or refusal of any person to comply with this chapter,
the Governing Body may, after notice and hearing, refuse or revoke
any license applied for, or granted hereunder.
c.
The Municipal
Court shall also have the power to suspend the license of any violator
pending the elimination of the violation. The penalties set forth
in this section are, in addition to any revocation proceedings, as
set forth in any other sections of this chapter.
