As used in this article, the following terms
shall have the meanings indicated:
FIXED STRUCTURE
Any building, garage, home or other similar structure not
easily capable of being moved.
INCLUSIVE UNIT
Any combination of storage trailers that are connected, attached
or affixed to another storage trailer or a fixed structure in any
manner which causes such storage trailers to function as one unit.
INFLAMMABLE OR VOLATILE LIQUID
Liquids with a flash point at or below 25° Fahrenheit
(-4° centigrade) and up to 200° Fahrenheit (93 1/3° centigrade)
as determined by the Tag Closed Cup Tester in accordance with the
procedures set forth by the United States Bureau of Standards for
such tests.
MOBILE HOME
A factory-assembled structure or structures equipped with
the necessary service connections and made so as to be readily movable
as a unit or units on its own running gear and designed to be used
as a dwelling unit for one or more persons or family unit(s) and with
or without a permanent foundation. When located in a duly licensed
mobile home park such mobile home is prohibited from being positioned
upon a permanent foundation.
MOBILE HOME PARK
Any lot or contiguous parcel of land and premises where the
owner, lessee, or other person having control thereof shall offer
sites for mobile homes and trailers on a rental or lease or other
basis, and shall include any building, structure, vehicles or enclosure
used or intended for use as part of the equipment of such mobile home
park.
MOBILE HOME SPACE
A designated portion, lot or site within a mobile home park
designed for the accommodation of one mobile home or trailer and its
accessory buildings or structures for the exclusive use of its occupants
for living and dwelling purposes.
A.
MOBILE HOME SPACE, OCCUPIEDA space on which a mobile home or trailer has been placed, regardless of whether or not persons are occupying such unit.
C.
MOBILE HOME SPACE, APPROVEDThat portion of a mobile home park for which space(s) have been approved to be built by license or variance but which at the time in question remains unimproved and unavailable for rent or lease.
RECREATIONAL VEHICLE
A vehicular-type unit primarily designed to provide temporary
living quarters for recreational, camping, or travel use, which either
has its own motive power or is mounted on or drawn by another vehicle.
The basic entities are travel trailer, camping trailer, truck camper
and motor home.
SITE
Any contiguous property, public or private, upon which storage
trailers are located.
STORAGE TRAILER
Any truck-like container, whether or not mounted on wheels,
also commonly referred to as a "box trailer," utilized as an office
or for storage.
TRAILER
A vehicular unit mounted on wheels, designed to provide temporary
living quarters for recreational, camping or travel use of such size
or weight as not to require special highway movement permits when
drawn by a motorized vehicle, and with a living area of less than
220 square feet, excluding built-in equipment and bathrooms.
[Amended 6-23-2003 by Ord. No. O-03-23; 1-24-2012 by Ord. No. O-12-01; 6-19-2012 by Ord. No. O-12-12]
Each application for a license or renewal thereof shall be filed
with the Township Clerk. The license shall expire annually on December
31. Renewal applications shall be filed no later than July 1 of the
year preceding the renewal year. All license fees shall be due at
the time of filing the application on July 1.
[Amended 1-24-2012 by Ord. No. O-12-01]
Any person who operates a mobile home park within the meaning
of this article without a license or in violation of the terms of
this article shall, for each and every violation, be subject to a
fine of not less than $500 but no more than $2,000 or imprisonment
in the county jail for not more than 90 days or both in the discretion
of the court before whom a conviction may be had. Each and every day
that such violation continues shall be considered a separate and specific
violation of this article. In addition to the foregoing penalties,
the Township may institute and maintain a civil action for injunctive
relief.
Each application for a transfer of a license
shall be accompanied by a fee of $50, and no such transfer shall be
made unless the mobile home park at the time of the application shall
be in full and complete compliance with this article.
Licenses issued 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.
[Amended 1-24-2012 by Ord. No. O-12-01]
The Code Enforcement Officer, Engineer, Construction Official,
Health Officer and Zoning Officer shall inspect the application and
the proposed plans and specifications and they shall certify to compliance,
upon completion of the park prior to the issuance of any license.
It shall be the duty of the Code Enforcement Officer, Engineer, Construction
Official and Health Officer or their authorized agents or assistants
to make inspections routinely during the course of construction, reconstruction
or addition to any mobile home park and thereafter at least four times
a year to make certain that this article is being fully complied with
and is also in full compliance with all other applicable ordinances
and statutes. If it is determined that there is a violation, it shall
be the duty of the officer to order the violation corrected within
a reasonable time, and, if not so corrected, it shall further be the
duty of the officer to bring formal charges against the violator in
the Municipal Court.
No more than four licenses for mobile home parks
shall be issued and outstanding at any one time.
The mobile home park shall conform to the following
requirements:
A. The park shall be located on a well-drained site,
properly graded to insure rapid drainage and freedom from stagnant
pools of water.
B. All mobile home spaces not heretofore licensed under
prior ordinance shall consist of a minimum of 4,400 square feet for
each space which shall be at least 44 feet wide and clearly defined.
C. The total number of mobile homes or trailers that
may occupy a mobile home park shall not exceed the number obtained
by dividing the total square foot area of the park, exclusive of ground
area covered by other structures, by 4,400 square feet, provided that
in no event shall the maximum number of mobile homes or trailers to
be permitted in any mobile home park exceed the following number:
(1) As to parks already heretofore licensed prior to December
11, 1961, the maximum number of mobile homes or trailers to be permitted
shall be 150.
(2) As to any parks licensed after December 11, 1961,
the maximum number of mobile homes or trailers permitted shall be
150.
D. Mobile homes or trailers shall be positioned on each
space so that there will be at least 30 feet of clearance between
units both side to side and end to end. As to spaces existing and
licensed prior to December 11, 1961, the minimum clearance between
units, both side to side and end to end, shall be 15 feet. It being
determined that less clearance would constitute a fire and health
hazard to the occupants.
E. No mobile home or trailer park shall be located closer
than 30 feet from any building within the park or from any property
line bounding the park, and no closer than 100 feet from any existing
dwelling.
F. Under each mobile home or trailer and in every mobile
home space there shall be a four-inch concrete slab constructed in
accordance with sound construction practice and complying with all
ordinances.
G. Mobile home spaces shall face or abut on a driveway
of not less than 40 feet in width, giving easy access from all mobile
homes or trailers to a public street. Driveways shall be surfaced
and maintained in good condition, have proper drainage, be well lighted
at night, and shall not be obstructive. Traffic/safety signs shall
be posted on all roadways.
H. Walkways not less than three feet wide and surfaced
including curbings shall be provided and well lighted at night.
I. All such lighting for roadways and walkways within
the park shall provide for lights focused downward, translucent fixtures
and shielding, or such other light orientation and shielding so as
to minimize light spillage into the residential areas of the park.
The light intensity provided at ground level shall be a minimum of
0.3 footcandle over the entire areas of the roadways and walkways.
No light source shall exceed a height of 15 feet. The interval between
light sources shall not be greater than 150 feet. For each light fixture
the total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7.5% of the total quantity
of light emitted from the light source. No light shall shine directly
into windows or onto streets and driveways in such a manner as to
create a nuisance or interfere with or distract driver vision. All
existing mobile home parks within the Township shall be brought into
conformity with the requirements of this article not later than June
1, 1985.
J. Each mobile home space shall be identified with a
number on a permanent marker plainly visible from the drives within
the park. Numbering of spaces shall be done in a consistent and logical
manner to facilitate postal delivery, fire, ambulance and police access.
K. An adequate supply of pure water for drinking and
domestic purposes shall be supplied by pipes to all buildings and
mobile home spaces within the park, and all installations shall meet
the requirements of controlling codes and approved by the Township
Engineer. Each mobile home space shall be provided with a cold water
tap at least four inches above the ground, and all pipes leading from
the water supply source to said tap shall be installed below ground-frost
level. Any existing or proposed service buildings shall provide an
adequate supply of hot water for all necessary purposes.
L. No mobile home or trailer shall be inhabited by a
greater number of occupants than that for which it was designed by
the manufacturer.
M. No dog shall be permitted by the owners thereof or
the owner/operator of the park to run at large or to commit any nuisance
within any mobile home park limits.
N. Play space for children and open space shall be provided
in the park with aggregate area not less than 200 square feet for
each mobile home space. Such space(s) shall be clearly defined and
conflicting usages shall be confined to separate areas.
O. Any existing or proposed laundry facilities within a park must provide at least one automatic washer for each 25 spaces or any fraction thereof, based on the total capacity according to approved plans of said park. The service building housing laundry facilities shall be a permanent structure complying with all applicable ordinances and statutes regulating building, electrical installations and plumbing and sanitation systems. Floors shall be of concrete, tile or similar material impervious to water and easily cleaned and pitched to a floor drain. The laundry facility shall contain a utility sink and the disposal of wastewater from washers and utility sink shall be in accordance with §
204-33 herein. The laundry facility building shall be well lighted at all times of the day and night, well ventilated with screened openings, constructed of such materials as shall permit repeated cleaning and washing, shall be maintained at a temperature of at least 68° Fahrenheit during the period from October 1 to May 1 and shall be maintained in a clean, sightly condition, free of any menace to the health of any occupant or the public or constitute a nuisance.
P. Every park owner shall require in the park regulations
the following:
(1) That at least one smoke detector is required in all
mobile homes and trailers to be installed in the bedroom hallway (unit
owner responsibility).
(2) That at least one five-pound dry chemical ABC fire
extinguisher is required in all mobile homes and trailers (unit owner
responsibility).
(3) That outside cooking is permitted only on an approved
cooking grill, hibachi or portable barbecue. No cooking is allowed
in open pits, and no permanent barbecues can be constructed due to
minimal distance between mobile homes or trailers.
(4) That open fires or campfires are prohibited under
any and all circumstances. Outdoor metal fire pits are also prohibited.
[Amended 6-19-2012 by Ord. No. O-12-12]
(5) That unvented portable kerosene heaters are prohibited
by Howell Township ordinance.
(6) That all occupants of mobile homes or trailers must
furnish containers with tightly-fitting lids adequate for their own
needs in which to deposit and dispose of garbage and that these containers
shall be kept in a sanitary condition. Refuse other than garbage,
leaves, and brush may be disposed of in plastic bags or other suitable
containers.
[Amended 6-19-2012 by Ord. No. O-12-12]
(7) That all fuel tanks for heating and cooking purposes
must be properly secured, using only noncombustible materials for
supports, and must be maintained in good condition and free of rust
or leaks (unit owner responsibility).
(8) That all electrical lines and connections, fuel lines
and connections, plumbing lines and connections and heating systems
must be properly maintained and free of hazards (unit owner responsibility).
(9) That all mobile homes or trailers must be maintained
in good repair and in a sightly condition (unit owner responsibility).
(10)
That all occupants of mobile homes and trailers
shall keep their unit and mobile home space in a clean, sightly condition
at all times (occupant responsibility).
(11)
That all approved heating tapes equipped with
thermostats must be attached to outside waterlines and connections
and must be inspected by the occupants to ensure safe operating conditions
and replaced when inoperable or in a hazardous condition (unit owner
responsibility).
(12)
That responsibility for the maintenance and
installation of water pipes and connections from the mobile home or
trailers to the water riser outlet is that of the mobile home or trailer
owner (unit owner responsibility).
(13)
That responsibility for the maintenance and
installation of sewer pipes and connections from the mobile home or
trailer to the sewer riser is that of the mobile home or trailer owner
(unit owner responsibility).
(14)
That responsibility for the maintenance and
installation of electrical connections from the mobile home or trailer
to the electrical service connection is that of the mobile home or
trailer owner (unit owner responsibility).
(15)
That responsibility for the maintenance and
installation of sewer pipes from the sewer riser to the sewer disposal
system, from the water riser outlet to the water supply source, and
from the electrical service connection to the power line connection
supplied by the utility company is that of the mobile home park owner
(park owner responsibility).
(16)
That the frame of each mobile home or trailer
must be adequately grounded (unit owner responsibility).
(17)
That mobile home spaces shall not have conditions
conducive to rodent harborage, or fly and mosquito breeding (occupant
responsibility).
(18)
That storage underneath a mobile home or trailer
shall be permitted (by state law) only when that area is equipped
with a concrete pad and when the items in storage do not interfere
with underneath inspection of the mobile home or trailer. When permitted
as above, such storage area shall be enclosed by skirting.
(19)
That all additions to the mobile home or trailer
(rooms, porches, decks and carports) must be approved and must be
in compliance with Howell Township codes.
(20)
That before any change in occupancy, whether
by sale or rental, a C/C/O (certified certificate of occupancy) must
be obtained from the Construction Official of the Township. It shall
be the responsibility of the owner of the mobile home or trailer to
apply for and obtain said required C/C/O, unless there is a signed,
written consent between the owner of the unit and the buyer/or renter
designating a transfer of responsibility.
(21)
That before any change in occupancy, whether
by sale or rental, a current receipt of inspection and/or service
by an authorized heating dealer or repairman must be made available
as proof of said inspection and/or service. Said inspection and/or
service shall be the responsibility of the mobile home or trailer
owner and shall be required at least once annually not later than
October 1 before any change in occupancy shall be allowed, in the
case of a rental, or at the time of sale if other than a rental.
Q. It shall be the responsibility of every park owner of a mobile home or trailer park whereon there has been constructed any private street, highway, lane, alley or the roadway or right-of-way which is open to the public or to which the public is invited, to remove all snow and ice from such areas within the time and in accordance with the methods set forth in Chapter
265, Article
II, of this Code.
It is hereby made the duty of the attendant
in charge together with the licensee to:
A. Keep at all times a register of all residents (which
shall be open at all times to inspection by the state and federal
officers and Township officers) showing for all residents names and
addresses; dates of entrance and departure; license number of all
mobile homes, trailers and towing or other automobiles; states issuing
such licenses. Each licensee shall each month submit one current copy
of the registry, so far as it pertains to the previous month, setting
forth the name and address of the owner and occupant of each mobile
home or trailer, and shall be delivered to the Township Clerk at the
same time that the municipal services fees are paid. In the event
that a space is not occupied by a mobile home or trailer, the copy
of the registry shall indicate the period of time the space was occupied.
B. See that this article and all other state and local
laws pertaining to mobile home parks are complied with and enforced
and report promptly to the proper authorities any violation of this
article or of any other law which may come to his attention.
C. Keep all service buildings, office buildings, roadways,
walkways and common grounds of the park maintained in good repair,
and free of debris, weeds, snow, ice, standing water, health and safety
hazards, obstructions and in a sightly condition.
D. Keep all water, sewer, electrical lines and their
connections and equipment in good and safe operable condition.
E. Notify residents in writing of any violations of unit
owner responsibility promptly upon receipt from any code enforcement
official or agency.
F. Distribute or post as required all official notices
or correspondence received by the management pertaining to residents'
responsibilities or rights.
G. Provide twice a week garbage removal and at least
once annually a bulk pickup to dispose of large items. The bulk pickup
shall be provided in the following manner: A bulk container, of adequate
size to accommodate all tenants, will be situated on common grounds
within each park, accessible to all tenants in that park, for the
disposal of bulk items not normally collected in regular weekly pickups.
All items collected shall be promptly and properly disposed of by
the park owner or his agent and shall not be stored on park property
beyond the collection period. Adequate advance notice to tenants shall
be given by the park owner regarding the collection date.
[Amended 6-19-2012 by Ord. No. O-12-12]
H. Maintain the park in an orderly manner.
I. Maintain regular office hours, a responsible authorized
agent in charge and an emergency telephone number to be accessible
to residents after office hours.
All building, plumbing, electrical and other
work on or at any mobile home park licensed hereunder shall be in
accordance with this Code and Township ordinances regulating such
work, unless they are specifically made inapplicable under the terms
of the chapter and shall be approved by the Township Engineer or any
other duly designated officer, agent or employee of the Township and
the Fire Commissioner of the district where the park is located.
For purposes of this article and this Code,
the following shall be considered accessory uses in any mobile home
park or trailer park in the Township of Howell: shed, decks and patios
used in conjunction with the primary use of a trailer for mobile homes.