[HISTORY: Adopted by the Board of Health of the Township of Monroe
4-28-1976 as Ord. No. BOH 3-76 (appeared as Ch. 47 of the 1967 Code). Amendments
noted where applicable.]
[Amended 4-26-1977 by Ord.
No. BOH 2-7]
A.
There is hereby adopted by the Board of Health of the
Township of Monroe, County of Gloucester, State of New Jersey, for the purpose
of establishing rules and regulations for the maintenance, control and operation
of mobile home parks, Chapter 9, Mobile Home Parks (effective September 1,
1968). A copy of Chapter 9, Mobile Home Parks, of the New Jersey State Sanitary
Code is annexed to this chapter, and three copies of the same have been placed
on file in the office of the Township Clerk and are available to all persons
desiring to use and examine the same.
B.
Where provisions of this chapter, as hereinafter enumerated,
are more restrictive than the provisions of Chapter 9, Mobile Home Parks,
of the State Sanitary Code, those provisions shall apply; but where any such
provisions of this chapter are in conflict with the laws of the State of New
Jersey or the provisions of Chapter 9, Mobile Home Parks, of the State Sanitary
Code, then provisions of Chapter 9, Mobile Home Parks, shall apply.
C.
Where provisions of this chapter, as hereinafter enumerated,
are more restrictive than or are in conflict with the provisions of the State
Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) or the provisions
of the regulations for the New Jersey Uniform Construction Code (N.J.A.C.
5:23-1.1 et seq.), then the provisions of the State Uniform Construction Code
and regulations adopted pursuant thereto shall apply.
D.
Upon adoption, a certified copy of this chapter shall
be filed with the State Commissioner of Health.
All definitions set forth in Chapter 9, Mobile Home Parks, of the State
Sanitary Code, except as hereinafter modified, are incorporated and made a
part of this chapter by reference.
It shall be unlawful for any person to conduct, operate, maintain 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 and
until there shall be granted by the Board of Health of the Township of Monroe,
in accordance with the terms of this chapter, and shall be in full force and
effect, a license to conduct said mobile home park for the place and premises
at which the same shall be carried on and operated.
A.
Applications for said initial license and additional
site licenses shall be made upon request to the Secretary of the Board of
Health upon forms approved and provided by the State Department of Health
in accordance with Chapter IX, Mobile Home Parks, Section 1.
B.
Prior to applying to the State Department of Health for
approval of plans and specifications, it shall be necessary for the applicant
to submit all plans and specifications as aforesaid to the Board of Health
of the Township of Monroe which, if it finds said application to be in order,
shall temporarily approve all initial and additional sites by way of resolution
so that the applicant can apply for state approval in accordance with Regulation
1.4c of Chapter IX. Upon the submission to the Board of Health of the Township
of Monroe of approved plans and proof of approval by the State of New Jersey
Department of Health, the final licensing of the applicant shall be automatic
by the Township Board of Health.
A.
The license fee for a mobile home park shall be $5 per
mobile home park site per year, with a minimum mobile home park license fee
of $200 per year. Said license shall be issued for a period of one year commencing
on January 1 of each year, and the said fee is hereby established for and
in consideration of inspection, supervision, public health, general public
welfare, fire, health, police protection and other governmental functions,
as well as for providing revenue. The said license fee shall be payable in
advance for each year.
[Amended 6-11-1986 by Ord.
No. BOH 6-86]
B.
Every license issued for a mobile home park shall be
openly and conspicuously displayed in the principal office of the mobile home
park at the park site.
[Amended 4-26-1977 by Ord.
No. BOH 1-77]
A.
Any initial license shall not be issued for more than
100 mobile homes in any mobile home park. However after a licensee has been
in operation for a period of one year, the licensee, whenever 75% of the sites
in its park last previously licensed have been occupied, may apply to the
Board of Health of the Township of Monroe for an increase in its licensed
capacity, up to an additional 100 mobile home sites. The Board of Health,
prior to granting the increase in mobile home sites, shall conduct a public
hearing, which hearing shall be advertised in the newspaper at least 10 days
prior to the public hearing, and the Board of Health shall take into consideration
the past operation of the licensed premises, including the general appearance
of the mobile home park, the compliance or noncompliance with the provisions
of this chapter and all other ordinances of the township and the effect the
increase will have on municipal services and costs. Thereafter, the licensee
may apply to the Board of Health for additional increases in its licensed
capacity, for up to 100 sites per application, but only after it has obtained
occupancy, in its park, of 75% of the sites described or otherwise referred
to in the licensee's most recently approved application and 100% of all sites
licensed prior to the licensee's most recently approved application. Upon
each application for an increase in licensed capacity, the Board of Health
shall conduct a public hearing as set forth above. The granting or denying
of additional mobile home site licenses under this provision shall be at the
sole discretion of the Board of Health, subject to the considerations set
forth above.
B.
Until otherwise provided, the Board of Health shall limit
the issuance of mobile home park licenses to four in number at such locations
provided by said Board of Health.
[Amended 5-10-2000 by Ord.
No. BOH 2-00]
C.
At the time that the licensee applies for an increase
in its licensed capacity said licensee shall submit an affidavit, which affidavit
shall be notarized, affirming that the requirement that 75% of the sites most
recently licensed and 100% of all sites licensed prior thereto have been occupied,
has been met.
[Amended 4-26-1977 by Ord.
No. BOH 2-77]
No mobile home shall be occupied by a greater number of occupants than
that for which it was designed and constructed. The minimum area of any space
for a mobile home shall not be less than 3,000 square feet, and any dimension
shall not be less than 40 feet. Each space shall not be located less than
25 feet from street lot lines or interior lot lines. Mobile homes shall be
located on each space so that there will not be less than 15 feet to any other
mobile home or building within the park.
There shall be no disposal of waste material on the ground. Said waste
material must be deposited in trash cans provided by the licensee and placed
in convenient locations as directed by the Township Sanitation Department
so that the Township Sanitation Department may remove the same in a proper
and orderly manner. Such receptacles shall be maintained in a clean and sanitary
condition at all times. The park shall provide supervision and equipment sufficient
to prevent littering the ground with rubbish and debris. Flytight depositories
with tight-fitting covers shall be conveniently located as directed by the
Township Sanitation Department.
Motor vehicle parking areas are provided as follows:
A.
All mobile home parks duly licensed under this chapter
shall provide and maintain the following minimum recreation area for the residents
of the mobile home park:
B.
The recreation area location or locations shall be approved
by the Township Engineer. The Township Engineer shall only approve recreation
areas on usable land and not on land that from an engineering standpoint is
considered to be wasteland.
No person shall permit any such licensed premises to be used for immoral,
illegal or unlawful purposes or suffer the violation thereon or therein of
any penal law of the State of New Jersey or of any ordinance of the Township
of Monroe.
[Amended 6-11-1986 by Ord.
No. BOH 6-86]
At all times such licensed premises shall comply with all police, fire,
health or other rules and regulations imposed by the Township Council or any
of the duly authorized agencies of said Township Council. Said business and
premises shall be subject to examination and inspection, by day or night,
by the Township Council, police, fire or health authorities or agents thereof.
The Board of Health is hereby authorized to revoke or suspend any license
issued pursuant hereto after investigation shall determine that the holder
thereof has violated any of the provisions of this chapter, that any mobile
home park is being maintained in an unsanitary, unsafe manner or that a nuisance
exists. In case of failure or refusal to comply with any of the terms or provisions
of this chapter, the Board of Health may, on notice and hearing, refuse to
issue or may suspend or revoke any license applied for or granted hereunder.
Such revocation or suspension of license shall be made only after a
public hearing is given to such licensee. Five days' written notice of the
time and place fixed and thereafter designated and determined for said hearing,
containing the specifications of the said violations or violation, shall be
given to said licensee.
[Amended 6-11-1986 by Ord.
No. BOH 6-86]
A.
State Sanitary Code.
(1)
Each violation of any provision of the State Sanitary
Code shall constitute a separate offense, and any person convicted of any
violation shall be subject to a fine of not less than $25 nor more than $100.
Each day that said violation continues shall constitute a separate and distinct
offense. Each such penalty shall be sued for and recovered in a civil action
by the Board of Health in a court of competent jurisdiction pursuant to the
provisions of N.J.S.A. 26:1A-10.
(2)
The penalty provided herein shall not be deemed to bar
or exclude any other power or enforcement which the Board of Health, by and
through its public officers, shall have in order to enforce compliance with
the provisions of the State Sanitary Code.
B.
Any person convicted of any violation of this chapter
shall be subject to a fine not exceeding $500 and not less than $5. Each twenty-four-hour
period of said violation shall be deemed to be a separate offense and punishable
as aforesaid by said fine.
