[HISTORY: Adopted by the Township Committee
of the Township of Middle as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 100.
Uniform construction codes — See Ch. 112.
Dogs — See Ch. 121.
Flood damage prevention — See Ch. 146.
Garbage and recycling — See Ch. 158.
Property maintenance — See Ch. 193.
Sewers — See Ch. 204.
Subdivision of land and site plan review — See Ch. 218.
Zoning — See Ch. 250.
[Adopted 10-17-1985 by Ord. No. 526-85]
As used in this Article, the following terms
shall have the meanings indicated:
A parcel of land designed to accommodate a mobile home, and
includes the mobile home stand and the mobile home yard.
A unit of housing which:
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site.
Is built on a permanent chassis.
Is designed to be used, when connected to utilities,
as a dwelling on a nonpermanent foundation.
Is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary of the United
States Department of Housing and Urban Development pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974, P.L. 93-383 (42 U.S.C. § 5401 et seq.), and the
standards promulgated by the Commissioner of Community Affairs pursuant
to P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
A parcel of land which has been so designated and improved
and contains mobile home lots available to the general public for
the placement thereon of mobile homes for occupancy.
Same as "mobile home lot."
That part of a mobile home lot which has been reserved exclusively
for the placement of a mobile home.
That part of the mobile home lot excluding the mobile home
stand.
The mobile home park owner or his designated agent or manager
who handles the day-to-day operating of the park.
The owner or his designated agent, being administrative officers
of the mobile home park.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
Any person who rents or leases a mobile home lot from the
park management.
The Clerk of the Township of Middle.
The Township Committee of the Township of Middle.
No person shall operate or maintain any mobile
home park within the Township of Middle without first obtaining a
valid license therefor from the Township Clerk and satisfying all
prerequisites for the same.
A.
Annual fee. The annual license fee for a mobile home
park shall be $750 per calendar year, base fee. There shall also be
a municipal service fee of $10 per calendar month per mobile home,
whether or not the mobile home is occupied. There shall be no proration
of either fee for periods shorter than a calendar year or a calendar
month. There shall be additional fees for the supplemental license
as hereinafter set forth.
[Amended 7-3-1986 by Ord. No. 545-86; 5-17-2010 by Ord. No. 1344-10]
B.
License application fees shall be payable not later
than December 1 of the year prior to the year for which the license
is sought.
A.
Forms and filing. Every application for a mobile home
park license or renewal thereof shall be made upon forms supplied
by the Middle Township Clerk and signed by the applicant.
B.
Filing date. All applications shall be filed, with
the requisite fee, in the Middle Township Clerk's office on or before
December 1 of the year prior to the year for which the license is
sought. Failure to file as aforesaid shall be grounds for revocation
of the license.
C.
License application form information. The application
form shall contain the following information:
(1)
The name and address of the applicant; if the applicant
is a corporation, the name and address of each director, officer and
each holder of 10% or more of corporation stock.
(2)
The trade name, if any.
(3)
The location and legal description of the mobile home
park and the tax block and lot numbers.
(4)
The total area of the premises.
(5)
The number of mobile home spaces, regular and supplemental.
[Amended 7-3-1986 by Ord. No. 545-86]
(6)
A scaled diagram of the premises showing:
(a)
The number of mobile home spaces used and the
number of mobile home spaces allowed, regular and supplemental.
[Amended 7-3-1986 by Ord. No. 545-86]
(b)
The location of each space and the number of
each space (numbered consecutively), space corners to be marked in
a manner approved by the Township Engineer.
(c)
Roads, driveways and storm drainage.
(d)
The location and number of sanitary conveniences,
including toilets, washrooms and laundries, and the location of utility
rooms, swimming pool, playground, etc.
(e)
The method and plan of sewage disposal.
(f)
The method and plan of garbage and refuse removal.
(g)
The plan of water supply.
(h)
The plan for electrical lighting of mobile homes
and the mobile home park, including roadways and driveways.
(i)
The plans and specifications of all buildings
and improvements to be constructed within the mobile home park.
(j)
Such additional information as the Township
Committee may require to determine if all legal requirements for the
mobile home park are satisfied.
D.
Certificate and approvals.
(1)
Each license applicant shall certify the truth of
all statements relating to the application and that a copy of the
scaled plans with consecutively numbered spaces is posted in the mobile
home park office.
(2)
Each application shall be accompanied by certified
approvals of all other governmental bodies and agencies other than
the Township Committee, that are legally required for mobile home
park operation.
(3)
Renewal applications may reference previously filed
information and approvals but must file certification of no change.
E.
Other approvals. Licenses issued pursuant to this
article convey no right to construct any building or do any plumbing
or electrical work or any other work requiring governmental or municipal
permits.
A.
Monthly reports.
(1)
Once each month, each license holder shall file a
report on the number of occupied mobile home spaces and pay the proper
monthly license fee at the Township Clerk's office.
(2)
The report shall be filed and the monthly license
fee shall be paid between the first and 10th days of the succeeding
month.
(3)
The report shall be filed regardless of whether any
operations were conducted the previous months and regardless of whether
any monthly license fee is due.
(4)
The report shall be made on forms supplied by the
Township Clerk and shall be signed by the operator of the mobile home
park.
(5)
Payment of the monthly license fee is the sole responsibility
of the mobile home park operator, without regard to payment or nonpayment
to the operator by the individual mobile home owner/occupant.
(6)
Monthly license fees shall not be paid in advance.
B.
Quarterly reports. Quarterly reports shall be filed
at the Township Clerk's office between the first and 10th of each
three-month period and shall contain the following:
C.
Failure to file a report and pay fees.
(1)
Failure to make a timely filing of any report and
pay fees herein required shall be grounds for revocation of a license.
(2)
Where a mobile home park operator has been past due
in filing reports or paying the necessary fees three times, the Township
Committee may, in addition to any other penalty or remedy allowed,
by resolution, require the mobile home park operator to post a cash
bond with the Township Clerk. The amount of the bond shall be $48
for each mobile home and shall remain on deposit with the Township
Clerk for so long as said operator continues to operate said mobile
home park.
A.
All mobile home parks shall comply with the following
conditions and requirements:
(1)
The mobile home park shall be in a minimum of 25 acres.
(2)
Mobile home spaces shall be a minimum of 5,000 square
feet for each space, and each space shall be a minimum of 50 feet
in width.
(3)
Mobile home spaces shall be arranged so as to face
upon a driveway, with unobstructed access, using such driveway, to
a public street or highway.
(4)
Mobile homes shall be placed on each space so that
there will be two side yards, unoccupied by anything other than underground
utilities, each of a minimum of six feet, and front and rear yards,
similarly unoccupied, of a minimum of 10 feet each.
(5)
All mobile home park roads shall provide convenient
circulation and be at least 24 feet wide. An unobstructed access road
to a public street or highway is required. Emergency access may also
be required.
(6)
Roads and parking areas shall be constructed of gravel
base and two inches of FABC or concrete. Roads shall be properly drained.
(7)
Public walks, where provided, shall be constructed
of concrete or other suitable material approved by the Township Engineer.
Said walkways shall not be less than 30 inches in width.
(8)
Skirting or other nonpermanent additions are permitted,
provided that they are so constructed and installed as to facilitate
underneath inspection and do not constitute a harborage for rodents
or create a fire hazard. Permanent additions shall not be built onto
or made part of any mobile home. Roofs shall not be constructed as
a permanent addition for the purpose of this article but shall require
the prior written approval of the mobile home park owner.
(9)
A minimum of 50 square feet per mobile home space
shall be provided in one or more places for recreation areas and shall
be restricted to such use and be free of traffic hazards.
(10)
Public areas of a mobile home park shall be adequately
lighted so as to permit safe movement of vehicles and pedestrians
at night.
(11)
The number of mobile homes permitted in a mobile home
park shall not exceed the number of mobile home spaces, and no more
than one mobile home shall be permitted on a mobile home space.
(12)
No mobile home shall be inhabited by a greater number
of occupants than two permanent persons per bedroom.
(13)
Each mobile home space shall have a patio of not less
than 200 square feet, either open or enclosed.
(14)
No automobile or other vehicle shall be parked in
any space other than that provided for such purposes on a mobile home
space at any time. Two parking spaces shall be provided for each mobile
home space.
(16)
All electric, telephone and television service shall
be so installed as to be beneath the surface of the ground.
(17)
The area licensed for operation as a mobile home park
shall be contiguous parcels and shall not extend across or be divided
by any public highway or public toll road, either local, county, state
or federal, nor shall a mobile home park extend across a railroad
right-of-way unless a public crossing permit in a form approved by
the Township Attorney and of a width and configuration approved by
the Township Engineer is obtained from the owner of the railroad right-of-way
in question. All other approvals of any and all governmental bodies
having jurisdiction in the matter shall likewise be required.
(18)
No area shall be licensed for operation as a mobile
home park if any part of said area is less than 1,000 feet, when measured
in a straight-line distance, from any part of another area licensed
under a separate license for operation as a mobile home park; provided,
however, that this restriction shall not prevent or interfere with
renewals of licenses for areas presently licensed or the licensing
of areas for which license applications have been filed. Application
may be made for waiver of said minimum distance requirement of 1,000
feet in the following manner:
(a)
Ten copies of a survey print, accompanied by
a waiver request, and a waiver application fee of $5 shall be submitted
to the Township Clerk.
(b)
Said survey print shall show the entire area
intended to be licensed by the applicant and shall also show the entire
area covered by every other license, if any part of the other licensed
area is within 1,000 feet, straight-line distance, of any portion
of the area intended to be licensed. Said survey print shall show
all highways, all highway exits and entrances, all roadways contained
in any premises licensed and intended to be licensed, the direction
of traffic flow and all traffic signals within the premises licensed
and intended to be licensed or within 1,000 feet thereof. Said survey
print shall be prepared by a New Jersey licensed engineer.
(c)
Immediately upon receipt of said survey prints,
the Township Clerk shall forward one of the same to each member of
the Township Committee, the Cape May County Planning Board, the Township
Planning Board, the Township Construction Official, the Township Police
Chief and the Municipal Attorney and shall request their comments
and recommendations concerning the waiver request within 30 days.
(d)
Within 60 days following their receipt of said
survey prints, the Township Committee shall hold a public hearing
at which all comments received from the above-named officials shall
be read into the record and at which hearing any resident, taxpayer
or other interested party shall also be heard. A notice of said hearing
shall be published twice, in two separate weeks, in the official newspaper
of the Township not more than 30 days nor less than five days prior
to the hearing.
(e)
Immediately following said public hearing, the
Township Committee shall adopt a resolution either granting or denying
the waiver. In reaching its decision, the Township Committee shall
give consideration to all comments received at the public hearing
but shall not be bound by any comment or recommendation. The granting
of the requested distance waiver shall not operate as an approval
or waiver of the requirements of any other ordinance or regulation
concerning the establishment, transfer or enlargement of a mobile
home park.
(19)
The plumbing of all mobile homes and for the mobile
home park shall be in accordance with the requirements of the National
Standard Plumbing Subcode of the Uniform Construction Code of New
Jersey and all supplements and amendments thereto.[2]
(20)
The water supply and distribution shall be in accordance
with the requirements of the New Jersey State Drinking Water Act regulations
published by the New Jersey Department of Environmental Protection.
(21)
Sanitary sewers and sewage treatment plants shall
be installed in accordance with the requirements of the New Jersey
Department of Environmental Protection rules and regulations for the
design and construction of sanitary sewers and sewage treatment plants.
Individual sewage disposal systems shall conform to the requirements
of the Standards for Individual Subsurface Sewerage Disposal Systems,
Department of Environmental Protection, Chapter 199.
(23)
Refuse storage, collection and disposal. The storage
and collection of refuse shall be so managed as to prevent health
hazards, rodent harborage, insect breeding, accident hazards or air
pollution. The following shall apply:
(a)
Refuse containers. All refuse shall be stored
in durable, fly-tight, watertight and rodent-proof containers. Where
separation of refuse is required, separate marked containers shall
be provided and be appropriately identified.
[Amended 4-5-1990 by Ord.No.
720-90]
(b)
Collection. All refuse shall be collected at
least once weekly. In the event that collection service is not available
from the municipality or a private contractor, the mobile home owner
or operator shall arrange for all refuse to be collected and transported
to the disposal site in covered vehicles or covered containers. Refuse
disposal shall be effected in accordance with local requirements.
(24)
(26)
Fuel, flammable liquids and gases.
(a)
Storage and handling of fuel oil and flammable
liquids. In the absence of applicable municipal ordinances, state
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 Uniform Construction Code of New Jersey.
(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 Labor, Division of Workplace Standards.
(c)
Racks. Fuel oil racks shall be of noncombustible
material.
(27)
Fire protection. The owner of every mobile home shall
equip said mobile home at all times with one fire extinguisher rated
for Class B and C fires as a minimum and in good working order.
(28)
Illumination shall be in accordance with the National
Electric Subcode of the Uniform Construction Code of New Jersey and
its amendments and supplements.
(29)
Signs. Each mobile home park operator shall cause
to be constructed and affixed to each individual mobile home space
one wooden, metal or plastic signboard not less than four inches in
height or 18 inches in width upon which shall be painted or otherwise
permanently affixed the number of said individual mobile home space,
which number shall correspond to the number of said individual mobile
home space as shown on the diagram filed with the Township Clerk.
The numbers used on said signboard shall be at least four inches in
height and have a thickness enabling them to be read at a distance
of 20 feet. All such signboards shall be uniformly erected in each
mobile home park, being attached to a post or other permanent object,
between three feet and six feet from the ground and shall be kept
clearly visible from the nearest driveway. Signboards shall be numbered
in a light color on a dark background.
(30)
Replacements. As of the effective date of this article,
replacement of a mobile home by another mobile home on an approved
mobile home lot shall be limited to replacement by a mobile home of
the same size as the mobile home being replaced. However, if mobile
homes of the same size as the mobile home being replaced are no longer
being constructed, then the replacement mobile home may be of a different
size than the one being replaced, provided that all yard requirements
and other site requirements are met. The aforesaid shall apply to
all mobile home replacements whether involving a mobile home lot approved
under prior ordinances and regulations or a lot approved under this
article.
(31)
Prevailing setback. In any mobile home park where
residential blocks have been established and within any such block
where more than 50% of the street frontage has been built upon at
the time of the adoption of this article, then any dwelling hereafter
erected shall have a front yard equal in depth to the average depth
of the front yards of the lots immediately adjacent thereto on either
side.
[Amended 5-19-1988 by Ord. No. 624-88]
[Added 1-5-1989 by Ord. No. 656-88]
A.
Variance defined. Where compliance with § 175-6A(2), (3), (4), (8), (9), (11), (12), (13), (14), (29) and/or (30) of this article and all amendments thereto would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon any park owner or tenant, said park owner or tenant (hereinafter "applicant") may make application to the Zoning Board of Adjustment of the Township of Middle for a variance hereafter from the requirements of the said section or sections.
B.
Condition. No variance or other relief may be granted
under the terms of this section unless such variance can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of this article.
C.
Application.
(1)
The applicant shall submit a completed application
form, fee and 14 copies of the sketch plat to the Middle Township
Zoning Officer at least 21 days before the meeting at which the application
is to be considered.
(2)
All plats shall be based on accurate information,
at a scale of not less than one inch equals 100 feet. They shall be
drawn by a licensed New Jersey professional engineer or land surveyor
and shall depict the proposed improvement or improvements to the site.
D.
Notice. Public notice of a hearing on any application
for variance filed pursuant to the provisions of this article shall
be provided to every tenant or owner within 200 feet of the site which
is the subject of said hearing. Said notice shall be provided by mailing
a copy thereof to each of said tenants by certified mail, return receipt
requested, or by personally serving a copy thereof upon each said
tenant or owner, as the case may be. Each park owner shall provide
a list of said tenants within 200 feet upon request. Each park owner
may charge a fee of up to $10 for preparation of said list. Any notice
made by certified mail pursuant to this subsection shall be deemed
complete upon mailing.
E.
Time for decision. The Zoning Board of Adjustment
shall grant or deny approval within 75 days from date of submission.
[Amended 7-3-1986 by Ord. No. 545-86; 4-5-1990 by Ord.No. 720-90]
A.
In addition to the regular mobile home park license,
the owner of an approved mobile home park may apply for supplemental
licenses. Applications for such supplemental licenses will be received
by the Township Committee up to and including December 31, 1986. Thereafter,
no such applications will be received nor will any additional supplemental
licenses be issued.
B.
All application forms and documentation required to
be submitted for the regular license shall likewise be required for
the supplemental license, and the respective applications shall be
titled so as to distinguish between the two types of licenses. All
supplemental licenses issued shall be subject to all terms and conditions
of this article, including, inter alia, all chapter requirements relating
to mobile home park design, facilities and improvements.
C.
The annual fee for said supplemental license shall
be $500 in addition to the regular annual license fee. A monthly fee
of $7 for each mobile home shall likewise be charged. The supplemental
license fee shall cover the same time period as the regular license
fee, and there shall be no pro rata reduction of said fee for any
shorter period.
D.
Any violations of any type existing in a mobile home
park must be corrected prior to the Township's approval of any additional
spaces.
[Amended 7-3-1986 by Ord. No. 545-86; 4-5-1990 by Ord.No. 720-90]
As of the date of passage of this article, Township
records reflect the following with respect to mobile home parks: 15
licenses
|
Owner/operator/trade name:
|
|---|
|
Regular mobile home spaces:
|
|
Supplemental license spaces:
|
|
Number
|
Name
|
Acres
|
Number of Sites
|
|---|---|---|---|
|
1
|
Briarwood Trailer Park
|
6.5
|
73
|
|
2
|
Grand Woods South
|
16
|
100
|
|
Grande Woods South - Supplemental
|
16
|
150
| |
|
3
|
Grande Woods North
|
16.25
|
100
|
|
4
|
Cedar Springs Mobile Home Park
|
3
|
36
|
|
5
|
Village Mobile Court
|
1.11
|
18
|
|
6
|
Delsea Woods
|
50
|
100
|
|
Delsea Woods - Supplemental
|
50
|
150
| |
|
7
|
Capt. Walt's
|
3
|
36
|
|
8
|
Rio Grand Trailer Parks
|
4.5
|
50
|
|
10
|
A & J Mobile Home Court
|
10.4
|
56
|
|
11
|
Edgewood Village
|
10.4
|
85
|
|
12
|
Rio Grand Boulevard Trailer Park
|
5
|
32
|
|
13
|
Park View Mobile Home Park
|
7.195
|
100
|
|
14
|
Garden Lake Mobile Home Park
|
48
|
100
|
|
Garden Lake Mobile Home Park - Supplemental
|
48
|
150
| |
|
15
|
Presidential Courts
|
3.5
|
39
|
|
16
|
Stout's Mobile Home Court
|
4
|
41
|
A.
The maximum number of mobile home parks at any given
time within the Township shall be 15.
C.
A person-to-person or place-to-place transfer or acquisition of additional lands alone shall not be grounds for licensing more spaces under the mobile home park license in question. An existing (prior to this article) mobile home park may expand through acquisition of a supplemental license in accordance with the terms of § 175-8 by the purchase of additional contiguous land and the number of spaces so increased, up to the maximum spaces allowed herein. However, the additional spaces on the newly purchased lands must comply with all requirements of this article. A license may be transferred place to place by an existing or a new owner, but the mobile home park established at the new site must conform in all regards to the requirements of this article. (Also see § 175-14.) For purposes of this article, lands which are separated by the right-of-way of the Pennsylvania Reading Seashore Lines Cape May Branch shall be deemed to be contiguous.
[Amended 7-3-1986 by Ord. No. 545-86; 1-4-1990 by Ord. No. 706-89]
D.
Any change, including place-to-place and/or person-to-person transfers, in the information required under § 175-4 shall be submitted to the Township Committee for approval, and such approval may be granted only after notice and public hearing to be held at a date, time and place designated by the Township Committee. Operation of any mobile home park prior to obtaining such approval shall subject the violator to the penalties set forth below. The applicant shall have a notice of transfer and/or change published once in the official newspaper of the Township, at least seven days before the date of the public hearing, and said notice shall contain the date, time and place of hearing as well as all the information required under § 175-4. Proof of said publication shall be filed with the Township Clerk prior to the date of the public hearing.
E.
Any violation of any type existing in a mobile home
park must be corrected prior to the Township's approval of any supplemental
license.
[Amended 7-3-1986 by Ord. No. 545-86]
A.
Failure to operate any mobile home park for a period
of one full calendar year is hereby specifically declared to be grounds
for revocation of the license.
B.
In the event of a failure or refusal to comply with
any of the terms of this article, the Township Committee may, on written
notice and hearing, refuse or revoke any license applied for or granted
hereunder.
A.
In the event that, following written notice and hearing as above (§ 175-11B), the Township Committee either fails to grant or renew any license which has been applied for or revokes any license which has been granted and said revocation or failure to grant or renew is based upon continuing violation or violations of this article or other ordinances or statutes incorporated herein by reference, then the Township Committee shall be authorized to take the action hereinafter set forth.
B.
Upon the Township Committee finding, by resolution,
that the violation or violations have not been corrected after notice
and hearing upon the same and the violation or violations have continued
for at least 90 days after said hearing and the existence of the violation
or violations is the basis for the revocation or failure to grant
or renew said license and the continued existence of said violation
or violations constitutes a hazard to the health and safety of the
occupants of said mobile home park, then the Township Committee may
find that it is necessary to remove the operation of said mobile home
park from the operator thereof, and upon making such a finding, the
Township Committee shall name the Construction Official or some other
Township official to act as rent custodian for the mobile home park
in question. A copy of said resolution shall be served upon the operator
of said mobile home park, and a copy thereof shall be published for
two successive weeks in the official newspaper of the Township, together
with a notice directing all occupants of said mobile home park to
make rental payments in accordance with the provisions of this article.
C.
Forthwith following the adoption of said resolution
and the naming of a rent custodian, said rent custodian shall give
written notice, either by personal service or by ordinary mail, to
the occupant of every individual mobile home space within the mobile
home park advising each such occupant that all payments of any kind
then due or to become due to the operator of the mobile home park
or his assignee or agent shall be paid to the rent custodian, at the
Middle Township Hall, 33 Mechanic Street, Cape May Court House, New
Jersey, until further notice. Each such occupant shall forthwith pay
to the rent custodian all sums which are then due, as above set forth,
and each such occupant shall thereafter pay to the rent custodian
the amount of the designated monthly payment or payments as the same
shall fall due. An occupant who makes any payment to any person, firm
or corporation other than the rent custodian shall be in violation
of this article. Any person, firm or corporation who accepts any such
payment and fails to pay it over to the rent custodian within 24 hours
shall be in violation of this article.
D.
The rent custodian shall be bonded in an amount equal
to six months' estimated receipts from all such occupants, and the
rent custodian shall promptly deposit all receipts in an interest-hearing
account designated "Rent Custodian Account," followed by the name
of the particular mobile home park.
E.
The funds deposited in said account and the interest
on said funds shall be subject to withdrawal upon the signatures of
the rent custodian and the Township Treasurer and shall be used for
the following purposes and no other:
(1)
Payment of annual and monthly license fees due the
Township of Middle.
(2)
Payment of real estate taxes, utility charges and
insurance premiums reasonably required for the operation of said mobile
home park and the protection of the persons and property of those
residing in said mobile home park or otherwise being upon the premises.
(3)
Payment of engineering and consulting engineering
fees for preliminary studies and for preparation of plans and specifications
of all work required for the correction of said violation or violations
and for the supervision of such work.
(4)
Payment of the contractor's charges for labor and
materials to correct said violation or violations in accordance with
said plans and specifications.
(5)
Payment of the cost of advertising for bids for such
work and for the preparation of the contract documents.
(6)
Payment to the Township of Middle of the sum equal
to 2% of all amounts deposited in said account to defray the recordkeeping
expenses of the Township of Middle.
F.
Following the adoption of said resolution, the Township
shall be authorized to engage the Municipal Engineer or some other
engineer or firm of engineers, together with the necessary consulting
engineers, to make preliminary studies and to prepare plans and specifications
of all work required for the correction of said violation or violations
and to supervise the performance of such work. Such professional services
shall not be required to be advertised for bids, in accordance with
N.J.S.A. 40A:11-5.
G.
Upon receipt of plans and specifications of all work
required to be done for the correction of said violation or violations,
the Township Committee shall advertise for bids for the performance
of said work in accordance with the provisions of N.J.S.A. 40A:11-4
and shall contract for the performance of said work and shall pay
all proper charges in connection therewith out of the rent custodian
account.
H.
The rent custodian shall continue to collect said rents until such time as all proper charges in connection with said work have been paid and all other proper and necessary charges authorized in Subsection E above have been paid, at which time any remaining funds shall be returned to the operator of the mobile home park, and all occupants shall be notified to make future payments to said operator.
A.
In every mobile home 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 said park. A
copy of the park license and of this article shall be posted therein,
and the park register as hereinafter referred to in this section shall
at all times be kept in said 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 located within the park. Said register shall
be kept available for inspection at all times by state, federal and
Township law enforcement officers, public health officials and other
officials whose duties necessitate the acquisition of the information
contained in the register. The register records shall not be destroyed
for a period of three years following the date of registration. The
register shall contain the following information: the names and permanent
addresses of all mobile home owners.
(2)
Maintain the park in a clean, orderly and sanitary
condition at all times.
(3)
See that the provisions of this article are complied
with and enforced and report promptly to the proper authorities any
violation of this article or any other violation of law which may
come to his attention.
(4)
Report to the Health Officer all cases of persons
or animals affected or suspected of being affected with any communicable
disease.
(5)
Prevent the running loose of dogs, cats or other animals
or pets.
The lawful use of a mobile home park existing
at the time of the adoption of this article, although such mobile
home park does not conform to the provisions hereof, may be continued;
provided, however, that:
A.
If the use as a mobile home park is discontinued for
a period of three months, any future use of said lands thereafter
shall be in full and complete conformity with the provisions of this
article.
B.
All such nonconforming mobile home parks shall pay
a licensing fee as herein provided.
C.
A nonconforming mobile home park which, prior to the
date of adoption of this Article or to such subsequent date as may
be established by resolution of the Township Committee, has been granted
approval to increase its facilities and mobile home spaces by the
Township Committee and the Planning Board, if applicable, may so increase
its facilities, pursuant to such approvals granted, notwithstanding
the terms and conditions of this Article. However, any further increase
in the facilities of such nonconforming mobile home park pursuant
to a supplemental license subsequent to the date of the adoption of
this Article shall be made and conducted pursuant to the terms and
requirements of this Article, as applied to such increased portion
of said mobile home park.
Upon its becoming effective, this Article shall
repeal such parts of Ordinance No. 193, its amendments and supplements,
as related to mobile home parks as are in conflict with this Article.
Should this Article be inconsistent with any other ordinances of the
Township, which are not specifically repealed by this Article, the
more stringent provisions of the ordinances in question shall apply.
In addition to complying with all terms and conditions of this Article,
mobile home parks shall be required to secure site plan approval as
well as all other approvals as may be required by any governmental
body or agency.
[Amended 4-5-1990 by Ord. No. 721-90]
The violation of any provision of this Article
shall, upon conviction, be punishable by one or more of the following:
imprisonment not to exceed 90 days or a fine not to exceed $1,000
or a period of community service not to exceed 90 days. Each twenty-four-hour
period that any violation continues to exist shall be deemed a separate
offense.
[Adopted 9-20-1990 by Ord. No. 742-90]
The following definitions shall apply to this
Article:
The payable rent charged and received for the mobile home
rental space over the previous twelve-month period, exclusive of any
or all of the following: all real property tax increases, municipal
service fee increases and supplied utility increases, any tax surcharges
and any increases for major capital improvements accrued subsequent
to the enactment of this Article.
The percentage increase in cost-of-living adjustment ( COLA)
for social security benefits and SSI payments for the prior year as
published by the Social Security Administration.
[Amended 6-3-1993 by Ord. No. 855-93; 12-3-2018 by Ord. No.
1577-18]
The fair market value of the mobile home park.
Includes that portion of a mobile home park rented or offered
for rent for the purpose of parking or positioning a trailer or mobile
home for living and dwelling purposes to one or more tenants or family
units, together with all the privileges, services, equipment, facilities
and improvements connected with the use or occupancy of such portion
of the property. "Mobile home spaces" which are newly constructed
and rented for the first time are exempted, and the initial rent may
be determined by the owner. All subsequent rents will be subject to
the provisions of this Article.
All expenses of the mobile home park owner for the operation
of the park during the period reflected in gross income computed in
accordance with the provisions and limitations of this section. Only
one year's expense in any expense category will be allowed. In computing
"reasonable and necessary operating expenses," the following limitations
shall apply in all cases:
Operating expenses shall not include mortgage
amortization, depreciation, fines or penalties.
Taxes shall be limited to amounts actually paid
solely on the mobile home park.
Repair and maintenance expenses shall not include
expenditures for capital improvements.
Professional fees, including legal and accounting
expenses, shall be limited to actual costs for the day-to-day operation
of the park. Legal and accounting expenses resulting solely from a
legal attack on this Article shall not be considered "reasonable and
necessary operating expenses" as defined in this section.
Management expenses shall be limited to amounts
paid for actual services performed by a manager or management firm.
The rate to be applied by the landlord when computing a "reasonable
rate of return" shall be six percentage points above the maximum statement
savings account interest rate available at National Westminster Bank
of New Jersey, located in Cape May Court House, New Jersey, at the
time the application for said increase is submitted to the Board.
The payable rent charged and received for the mobile home
space over the previous twelve-month period.
Mailing to the home address, by certified mail, return receipt
requested, or in-hand delivery certified to by affidavit or an acknowledgment
of service executed by the person serviced, which affidavit or acknowledgment
or service must be retained in the records of the person causing service.
Fuel, electrical, sanitation, water and sewer services supplied
directly to the individual mobile home, for which services the landlord
is responsible to the supplier for payment.
Mobile home owners and occupants who rent or lease a mobile
home rental space from the mobile home park owner.
A.
Establishment of rents between landlord and a tenant
to whom this section is applicable shall hereafter be determined by
the following provisions:
(1)
Except as permitted by this Article, at the expiration
of the tenancy for a mobile home space, no landlord may request or
receive any increase in the rental income and additional charges for
that mobile home space from any tenant which is greater than a combination
of the following:
(b)
Any increased cost to the landlord in real estate
taxes, municipal service fees (pad fees) or municipal sewer fees charged
by the Township of Middle pursuant to any duly adopted ordinance.
[Amended 6-17-1993 by Ord. No. 859-93]
(c)
Any amount equal to the percentage increase
in the consumer price index as heretofore defined herein during the
previous calendar year times the base rent or 3.5%, whichever is less.
[Amended 6-3-1993 by Ord. No. 855-93; 5-17-2010 by Ord. No.
1344-10]
(2)
Any tenant, at the termination of a tenancy, shall
not suffer or be caused to pay any rent increase for the mobile home
space in any twelve-month period which exceeds the above permitted
increase for the twelve-month period.
(3)
Any increase authorized pursuant to Subsection A(1) above shall be submitted in writing to the Rent Control Officer at least 60 days prior to implementation. The submission shall reflect the manner in which the increase was calculated. The Rent Control Officer shall review the calculations and report the calculations the Rent Leveling Board.
[Added 6-3-1993 by Ord. No. 855-93]
B.
CPI increases.
(1)
Notice to tenants of automatic increase.
(a)
Any landlord seeking an automatic increase in
rent under this section shall, at least 30 days prior to the date
of the anticipated implementation of the automatic increase, serve
the affected tenants with notification, which shall clearly set forth
the following information:
[1]
The consumer price index for the previous calendar
year.
[Amended 6-3-1993 by Ord. No. 855-93]
[2]
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(1)(b), requiring certain CPI information, now designated subsection B(1)(a)[2], was repealed 6-3-1993 by Ord. No. 855-93.
[3]
Calculation of the allowable percentage increase
in rent pursuant to this section.
[4]
Calculation of the amount of the allowable rental
increases rounded to nearest dollar.
[5]
Calculation of the tenant's rent for the new
leasing term.
[6]
Date of the anticipated implementation of the
automatic increase.
(b)
Park owners shall be required to notify residents
by first-class mail of any rent increase.
[Added 7-6-1995 by Ord. No. 935-95]
(2)
Hearing on tenant challenge of automatic increase.
(a)
Notice of hearing. In the event that the facts and/or calculation required pursuant to this section are disputed, the aggrieved tenant shall have the right to appeal to the Board by mailing to the landlord and the Board, not less than 15 days prior to the anticipated date of implementation of automatic increase, a notice that the facts and/or calculations are disputed and the exact particulars of the manner in which they are disputed. The aggrieved tenant shall attach thereto a copy of the notice served upon him by the landlord pursuant to Subsection B(1) above. The aforementioned fifteen-day period shall be calculated from the date of postmark and shall be a jurisdictional requirement for the Board. In the event of a perfected appeal, the automatic increase will be stayed until the Board has held a hearing and rendered a decision on the dispute. If the Board renders a finding in favor of the landlord, the automatic increase shall, subject to any applicable statutory law, be effective as of the original scheduled date of implementation even though the same may require a retroactive rent increase payment by the tenant. If the Board renders a finding in favor of the tenant, the anticipated automatic increase shall be void, no further automatic increase may be sought or implemented until the erroneous facts and or calculations have been corrected and a new notice of increase pursuant to Subsection B(1) above is served upon the tenant.
(b)
Fee. At the time an aggrieved tenant files an appeal with the Board, pursuant to Subsection B(2)(a) above, such tenant shall include therein an application fee by check or money order made payable to the Township of Middle in the amount of $250, which shall be subject to reimbursement by the landlord to the tenant in the event that the tenant shall prevail after the hearing by the Board on the dispute.
Any rental income or additional charge increase
at a time other than when approved by the Rent Control Board shall
be void, except as otherwise provided in this Article. Any rental
income or additional charge increase in excess of that authorized
by the provisions of this Article shall be void.
A tenant shall be entitled to a rent reduction
from a landlord because of a decrease in the municipal property taxes
or cost of supplied utilities or any decrease in space fees or license
fees charged by the municipality. The reduction shall not exceed that
amount authorized by the following provisions:
A.
Where the decrease consists of a decrease in the municipal
property tax due to aid received from the State Aid for Schools Fund
and where said decrease is subject to the provisions of P.L. 1976,
c. 63 (N.J.S.A. 54:4-6.2 et seq.), as may be amended from time to
time, the landlord shall make such rebate upon such terms as P.L.
1976, c. 63, provides.
B.
Where the decrease consists of a decrease in the municipal property tax other than that decrease provided for in Subsection A above, the landlord shall divide the decrease in the present tax over the tax for the previous years by the total number of completed mobile home spaces in the mobile home park. The decrease each tenant is entitled to shall be a credit to rent in 12 monthly installments commencing September of each year. Any tenant entitled to a rent decrease hereunder shall be served with a notice of the calculations involved in computing such reduction and the effective date of such reduction.
C.
Where the decrease consists of a decrease in the cost
of supplied utilities, space fees or license fees, the landlord shall
divide the decrease in the present cost of supplied utilities, mobile
home space fees or license fees of the previous year by the total
number of completed mobile home spaces in the mobile home park to
obtain the decrease per space. The decrease each tenant is entitled
to shall be a credit to rent in 12 monthly installments commencing
from the effective date of said reduction. Any tenant entitled to
a rent decrease hereunder shall be served by the landlord with a notice
of the calculations involved in computing such reduction and the effective
date of such reduction.
D.
Where the decrease consists of termination of payments on a capital improvement granted pursuant to § 175-22C of this Article, the landlord shall divide the cost of the capital expense by the total number of completed mobile home spaces in the park to obtain the dollar amount of decrease per space. Any tenant entitled to a rent decrease hereunder shall be served by the landlord with a notice of the calculations involved in computing such reduction and the effective date of such reduction.
[Added 6-3-1993 by Ord. No. 855-93]
A.
In the event that a municipal property tax appeal
is taken by the landlord and the landlord is successful in said appeal
and the taxes reduced, the tenants involved shall receive 50% of said
reduction after the landlord's cost of securing said tax reduction
have been deducted. The landlord shall receive the remaining benefits
of the tax reduction. Thereafter, in succeeding years, the benefit
of such successful tax appeal shall be divided evenly between the
tenants and the landlord.
B.
Any such successful landlord shall serve the tenants,
within 30 days after receipt of the judgment, with a notice of the
calculations involved, including an itemization of the costs of securing
said reduction and the reduction each tenant is entitled to, determined
by dividing 1/2 of the remainder of the amount of said tax reduction
by the number of completed mobile home spaces in the mobile home park.
A.
Hardship.
(1)
It is expressly recognized that an efficient landlord
is entitled to a just and reasonable rate of return from his property.
To that end, a landlord is permitted to make application to the Rent
Control Board for rental increases on the basis that rents allowed
by this section prevent the landlord from receiving a just and reasonable
rate of return. Such rental increases shall be allowed only on the
basis of the formula set forth in this provision for determining a
just and reasonable rate of return. Upon application duly made pursuant
to the requirements of this section, the Rent Control Board may grant
a park owner a rental increase upon his showing that his rental income
is insufficient to provide him with a reasonable rate of return on
his investment after payment of his reasonable and necessary operating
expenses. If the Rent Control Board is satisfied that such a showing
has been established, then the Board may grant a rental increase which
would result in a reasonable rate of return.
(2)
Application requirements.
(a)
In any application under this section, the owner
shall, in addition to those requirements mandated by other sections
of this Article, specifically certify:
(b)
The owner shall make application to the Rent
Control Board, together with all necessary certifications, and shall
further certify that the owner is not receiving a just and reasonable
rate of return pursuant to the formula set forth herein. The application
shall include the amount of increase and percentage of increase requested,
together with detailed statements of income and expenses for the current
fiscal year and for the past two fiscal years. If, at any time during
the course of consideration of an increase pursuant to the provisions
of this section, the Rent Control Board shall determine that a landlord
is not in substantial compliance with any or all of the above requirements,
the Board may delay further consideration of the application for an
increase and may delay the effective date of the increase until such
time as the landlord has corrected any such deficiency.
(3)
Prior to the hearing by the Board on an application
under this section, the owner must post, in a conspicuous place in
or about the mobile home park, a notice of said application setting
forth the basis for said application and the date, time and location
of the formal hearing. Said notice must be posted at least seven days
prior to the proposed date of the formal hearing.
(4)
In order to provide the Rent Control Board with sufficient
time to review the required financial data and schedule a hearing,
it is required that an applicant submit an application for a rental
increase under this section at least 60 days prior to the effective
date of the proposed rental increase.
(5)
In determining the need for a rental increase under
this section, penalties, fines and depreciation shall not be considered
as reasonable and necessary operating expenses and shall not be included
as proper expenses.
(6)
The most recent current rents being charged by a landlord
on uncontrolled rental spaces are admissible in evidence against such
owner at any hearings held in connection with applications for rental
increases under this section, and such rents create a rebuttable presumption
that the charging of the same rent on all rental spaces would provide
the owner with sufficient funds to pay all reasonable and necessary
operating and maintenance expenses and provide the permitted rate
of return.
(7)
In the event that the financial information submitted
by the owner reveals a loan made by the owner, or by a shareholder
if the owner is a corporation, to the mobile home park, the interest
expense on any such loan shall be computed based on the prime rate
which is currently prevailing at National Westminster Bank of New
Jersey located in Cape May Court House, New Jersey.
(8)
Increases authorized under this section shall be based
only on financial information of park operation for the twelve-month
period which closed immediately prior to the date of application under
this section. Losses carried over from prior years or unrealized income
for prior years shall not be included in computing increases under
this section, except for second year or subsequent year losses incurred
as a result of rental agreements exceeding one year.
(9)
Except for second year or subsequent year losses incurred
as a result of rental agreements exceeding one year, no rental increase
may be obtained by an owner under any provision of this section to
cover operating losses incurred in prior years resulting from the
failure of the owner to either apply for or obtain rental increases
or surcharges under this section which are insufficient to meet operational
requirements and obtain a reasonable rate of return. The failure of
the owner to either apply for or obtain such rental increases or surcharges
within three months of the close of the fiscal year in which the operating
losses are incurred or in which the reasonable rate of return is not
realized during the fiscal year shall be deemed a waiver of the owner's
right to such additional rents or surcharges.
B.
Negotiated settlements.
(1)
Where the owner of a mobile home park and the tenants
thereof agree to a negotiated settlement of rents by a simple majority
of those tenants who actually vote on such a negotiated settlement,
such negotiated settlement, upon the approval of the Middle Township
Rent Control Board, shall have the effect of authorizing the owner
to increase or decrease rentals for all mobile home park rental spaces.
Such negotiated settlements shall take effect in accordance with the
terms and conditions thereof, and a copy of any such negotiated settlement
shall be filed with and heard within 45 days and approved by the Rent
Control Board of the Township.
(2)
As a precondition to entering into a negotiated settlement,
the affected tenants must form a negotiation committee of at least
three tenants, who shall conduct the negotiations with the landlord
or his representative on behalf of the tenants.
(3)
Prior to seeking approval of any such negotiated settlement
from the Board, a landlord must post in a conspicuous place, in and
about the mobile home park, a copy of said negotiated settlement,
setting forth in full the settlement arrived at and advising the tenants
of the voting procedure. Each occupied mobile home space shall be
entitled to one vote.
(4)
The landlord must thereafter post a notice of the
hearing date before the Rent Control Board, including a designation
of where the hearing is to be held, in a conspicuous place at the
mobile home park, at least five days prior to the negotiated settlement
hearing date.
(5)
In order to obtain the approval of the Rent Control
Board of the Township, the negotiating committee and the landlord
must be present at the hearing to present the negotiated settlement.
The parties must provide at the hearing sufficient, credible evidence
in writing that all tenants were notified of the proposed negotiated
settlement and further must provide at the hearing sufficient credible
evidence in writing that the negotiated settlement was approved by
a simple majority of those tenants who actually voted.
C.
Rental charges for capital improvements.
(1)
An owner may apply to the Rent Control Board for additional
rental charges for the payment of the reasonable cost of major capital
improvements which are necessary for the proper operation of the park
upon completion of said capital improvements. An owner seeking additional
rent for a major capital improvement may apply to the Board for prior
approval of said capital improvement and additional rent. If the Board
determines that approval is to be granted, and subject to all requirements
of this Article, said owner may proceed with said major capital improvement.
In no instance may an owner impose additional rent for said capital
improvement until such time as the improvement has been completed
and the Board has determined that all requirements of this Article
and the Board's terms and conditions have been complied with in full.
(2)
For the purpose of this section, "capital improvements"
shall be any item considered as such under the Federal Internal Revenue
enactments and regulations. The replacement of an existing item or
facility with an item or facility which has a more serviceable and
useful life shall be considered a capital improvement unless the Board,
in its discretion, determines that such replacement consists of normal
and necessary maintenance and repairs.
(3)
An owner seeking additional rent for a capital improvement
shall apply within one year of the completion of said capital improvement
for said additional rent to the Rent Control Board, which shall determine,
after the landlord has served notice to the aforesaid tenants of a
hearing date, if said improvement is a necessary major improvement
and, if so, the amount of the increase granted for such major improvement,
and which Board shall establish the term and conditions of such increase.
(4)
At least seven days prior to the hearing by the Board
on an application for additional rental charges under this section,
the owner must post, in a conspicuous place in or about the mobile
home park, a notice of the application setting forth the date, time
and location of the hearing and setting forth the total cost of the
completed capital improvement, the number of useful years of life
of the improvement as established by Federal Internal Revenue guidelines
using the straight-line method and as claimed by the landlord for
purposes of depreciation for income tax purpose, the average cost,
including debt service, of the improvement, calculated by dividing
the cost of the major improvement by the total number of completed
mobile home spaces in the mobile homes park, and the capital improvement
increase he is seeking from each tenant.
(5)
Following a hearing, the Board may grant to the owner
an additional rental charge under this section for a specific period
of time after considering the proofs presented by the owner. If said
increase is granted, it shall not be considered rental income and
shall not be used in calculating allowable increases as otherwise
set forth in this Article. Any increase granted by authority of this
section shall be paid over the period of the useful life of the completed
capital improvement as established by Federal Internal Revenue guidelines.
(6)
In order to provide the Rent Control Board with sufficient
time to review the required financial data and schedule a hearing,
it is required that an applicant submit an application for additional
rental charges under this section at least 60 days prior to the effective
date of the proposed additional rental charges.
(7)
The cost of expanding or enlarging the mobile home
park or a section thereof shall not be borne by the tenants or utilized
in computing additional rental charges under this section.
D.
Financial information and statements.
(1)
In any matter considered by the Rent Control Board under § 175-22A of this Article, the owner of a mobile home park shall be required to submit the following financial information and statements:
(2)
The financial statements, data and information which
is required to be submitted shall be based upon financial data and
information which is sworn to and verified by the park owner who has
actual knowledge of the income, expenses and operations of the park,
and all such financial statements shall be a compilation prepared
by a licensed or certified public accountant. Any person who willfully
and intentionally submits or supplies false figures, makes gross misrepresentations
or misstates such actual facts or material required by this section
to obtain any rental increase whatsoever shall be considered acting
to defraud such tenants.
E.
Governmentally mandated expense and supplied utility
increase.
[Added 6-3-1993 by Ord. No. 855-93]
(1)
Upon application, the Rent Leveling Board may grant
a rent increase for increases in the landlords' expense during the
preceding twelve-month period by reason of the imposition of or increase
in governmentally mandated expenses and/or supplied utilities.
(2)
(3)
The Board shall conduct a hearing on the application
within 60 days of the receipt thereof. The landlord shall have the
burden of proving that the governmentally mandated expense and/or
supplied utility increase falls within the definitions contained in
this Article and should appropriately be passed on to the tenants.
No such increase or expense shall be approved if it constitutes a
normal increase in the operating expense of the park.
(4)
The landlord shall serve a copy of any application
made under this section upon each tenant at the time of filing.
[Amended 12-18-2023 by Ord. No. 1686-23]
A.
Board created.
(1)
The Rent Leveling Board of the Township of Middle (hereinafter the
"Board") shall consist of seven members, of which, to the extent possible,
at least one may be a landlord and at least one may be a tenant. The
members of the Board shall be appointed by the Township Committee
and their terms of office shall be for a period of three years, which
terms shall be staggered. All members shall serve without compensation.
At the first meeting of each year, by majority vote, the Board shall
choose one of its members as Chairman, and another as Vice Chairman
to act in the absence or unavailability of the Chairman, the term
of each which shall run through December 31 of such year.
(2)
Vacancies shall be filled for the balance of the terms. Members shall
not hold any other elective office or elective position in the Township.
The Board shall have available to it such clerical assistance, legal
assistance and auditors' services as are budgeted annually by
the Township Committee. No member shall vote upon or enter into discussions
as to any matter in which he has a direct or indirect interest, financial
or otherwise.
B.
Powers and duties.
(1)
The Rent Leveling Board is hereby granted and shall have and exercise,
in addition to other powers herein granted, all the powers necessary
and appropriate to carry out and execute the purposes of this section,
including, but not limited to, the following:
(a)
To issue and promulgate such rules and regulations as it deems
necessary to implement the purposes of this chapter, which rules and
regulations shall have the force of law until revised, repealed or
amended from time to time by the Board in the exercise of its discretion,
providing that the rules and regulations and any amendments thereto
are approved by resolution of the Township Committee and filed with
the Clerk.
(b)
To supply information and assistance to landlords and tenants
to help them comply with the provisions of this section.
(c)
To hold hearings and adjudicate applications from landlords
for additional rental income or charges as hereinafter provided.
(d)
To hold hearings and adjudicate applications from tenants for
reduced rental income or charges as herein provided.
(e)
To utilize the services of an attorney appointed by the Township
Committee to advice and counsel the Board in the proper exercise of
its functional discretion. It shall not be the function of the attorney
to advise any landlord or tenant, whether or not that person is a
participant in any proceedings before the Board, but only to advise
the Board and its members as aforesaid.
(f)
To utilize the services of a secretary to be appointed by the
Township Committee.
(2)
Said Board shall give both the landlord and tenant reasonable opportunity
to be heard before making any determination and shall base its determination
on the reasonable, credible evidence before it, although the strict
rules of evidence shall not apply. The Board shall render an oral
decision within 30 days after the close of hearings. The Board shall
maintain minutes of its hearings and/or meetings.
(3)
The Board shall keep and maintain minutes of its hearings and meetings.
The Board shall provide for the stenographic or electronic recording
of its hearings. The Board shall be required to specify those facts
and reasons upon which it bases any decision.
(4)
No application for a rental increase of any type shall be considered
by the Board unless such application and all necessary supplementary
material is filed at least 10 days' prior to a regularly scheduled
meeting of the Board.
Where there exists a disparity in rents within
a mobile home park for substantially similar facilities due to the
enactment of this Article, combined with the differing expirations
and renewals of certain tenancies, any affected party may petition
the Board for a hearing consistent with the terms of this Article.
If, as a result of such hearing, the Board finds a disparity in rents
for the reasons aforesaid, the Board may, in its discretion, raise
those low rents to the level of the majority of rents within the mobile
homes park for similar facilities. A petitioner requesting such hearing
shall serve every party to be affected with a written notice of the
reasons for his petition, including the calculations involved in the
proposed increase, at least 60 days prior to the proposed effective
date of any such increase. Upon the scheduling of a hearing on such
petition, the petitioner shall post, in a conspicuous place in or
about the mobile home park to be affected, a notice of said hearing
date at least five days prior to the proposed date of hearing and
shall serve every party to be affected with such notice of hearing
date.
The owner shall maintain the same facilities
and the same standards of service, maintenance and equipment in the
mobile home park and rental space as he provided or was required to
do by law or by lease at the date the lease was entered into.
No owner shall charge any rents in excess of
what he was receiving at the effective date of this Article, except
for increases as authorized by this Article.
A.
The Rent Leveling Board shall have no jurisdiction
over the rent charged for a newly constructed mobile home rental space
or of a mobile home rental space being rented for the first time or
being rented to a new tenant as a result of the vacating of the mobile
home and/or rental space by a previous tenant. Any subsequent rental
increase to the tenant who takes possession, however, shall be subject
to the provisions of this Article.
B.
An owner and an individual tenant or several tenants
may mutually agree or negotiate a rental in excess of that otherwise
permitted by this Article, provided that any tenant who enters into
any such agreement shall sign a statement to the effect that the owner
has disclosed the rental permitted by this Article and the tenant
voluntarily agrees to a rental in excess of the permitted rent. Any
such rental agreement shall be solely between such individuals and
shall be deemed to be an exception to the provisions of this Article
and is hereby authorized. Under no circumstances shall such agreement
be applicable for any other reason whatsoever. Such disclosure statement
shall be filed with the Rent Control Board prior to the increase in
rent becoming effective. Such disclosure statement shall be in the
following form and may be included in a lease or rental agreement:
|
TO: Rent Control Board of the Township of Middle:
| |||
|
I, the undersigned tenant, hereby state that
(insert name of park owner) has disclosed to me that the monthly rental
permitted by the Township Rent Control Ordinance on the rental space
which I am renting is (insert amount of approved monthly rental),
that under the terms of the ordinance, I can insist that the landlord
accept the approved monthly rent of (insert agreed upon amount of
monthly rent) which exceeds the approved rental.
| |||
|
DATE:
| |||
|
Signature of Tenant
| |||
Only one rental increase of each type shall
be permitted in any twelve-month period.
No increase of any kind shall be applied for,
considered or approved by the Rent Control Board or received by the
owner or operator of a mobile home park until all real property taxes
and license fees for the current year are paid in full. No tax surcharge
shall be approved by the Rent Control Board or received by the owner
or operator of a mobile home park until all real property taxes, except
that portion of the taxes which are the subject of the tax surcharge,
and all license fees are paid in full for the current year.
A.
A landlord's application filed pursuant to § 175-22A of this Article shall be accompanied by an escrow deposit computed by multiplying the number of proposed affected housing spaces by $5 per housing space, but in no event shall the escrow deposit be less than $500. The Board shall have the discretion to increase the escrow to $1,000 at any time.
B.
The total escrow deposit collected shall be placed
in an escrow account by the Rent Control officer to be applied to
the payment of any services rendered by an accountant, auditor, real
estate appraiser or other reasonably retained by the Board pursuant
to the provisions of this Article. The balance, if any, of the amount
deposited in the escrow account for payment to such persons shall
be returned to the party depositing the money in escrow upon final
decision of the Board.
There is hereby constituted and established
the position of Rent Control Officer. Such Rent Control Officer shall
be appointed by the Township Committee of the Township of Middle and
shall serve at the pleasure of said Township Committee. The duties
of the Rent Control Officer, by way of illustration but not limitation,
shall be to:
A.
Serve as liaison among the tenants, landlords and
the Board.
B.
Accumulate and maintain such statistics as are necessary
to carry out the functions of the Board.
C.
Enforce the provisions of this Article against any
person or entity by filing complaints, issuing cease-and-desist orders
and such other actions as are reasonably appropriate to bring about
compliance with this Article. The Solicitor to the Township shall
serve as the attorney for and represent the Rent Control Officer.
D.
Mathematically determine the appropriateness of any
annual automatic rent increase request.
