[Adopted 6-13-1990 by Ord. No. 9-1990[1]]
[1]
Editor’s Note: This ordinance also provided that it shall take
effect January 1, 1991.
This Part 2 shall be known and designated as the “Pittsgrove Township
Mobile Home Park Licensing Ordinance.”
As used in this Part 2, the following terms shall have the meanings
indicated:
A manufactured, transportable, year-round single-family dwelling built on one or more chassis, and containing a flush toilet, bath or shower and a kitchen sink; designed to be connected to a piped water supply, sewage facilities and electrical service; and either set upon a permanent foundation or mounted on wheels or otherwise, excluding such objects defined as “motor homes” or “travel trailers” pursuant to this Part 2 and otherwise commonly known as such.
A parcel of land designated to accommodate a mobile home, and includes
the mobile home stand and mobile home yard.
A parcel of land which has been so designated and improved that it
contains two or more mobile home lots available to the general public for
the placement thereon of mobile homes for occupancy.
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.
A vehicle, trailer, camper or other transportable temporary dwelling
unit with or without its own motor power, designed and constructed for travel
and recreational purposes.
No person or entity shall own or operate a mobile home park within the
Township of Pittsgrove without first having obtained a license from the Pittsgrove
Township Committee pursuant to the provisions of this Part 2. No more than
four licenses pursuant to this Part 2 shall be issued at any one time to the
end that the number of mobile home parks operating within the Township of
Pittsgrove at one time shall be limited to four.
An application for a mobile home park license shall be made to the Pittsgrove
Township Clerk to triplicate on a form provided for such application by the
Township Clerk. The application shall be verified by affidavit of the owner
or managing agent of the mobile home park and shall include the following:
A.
The applicant's full name, residence, telephone
number and post office address, and whether such applicant is an individual,
partnership or corporation. If a partnership, the names and addresses of the
partners shall be included. If a corporation, the names and addresses of the
officers of the corporation shall be included.
B.
In the case of an initial application, a complete plan
of the park, prepared by a professional engineer licensed to practice in New
Jersey, and bearing his seal and signature, shall accompany the application.
The plans shall reflect the following:
(1)
The extent and area used for mobile home park purposes.
(2)
The roadways, driveways and drainage.
(3)
The location of mobile home spaces.
(4)
The location and number of sanitary conveniences, including
toilets, washrooms, laundries and utility rooms.
(5)
The method and plan of sewage disposal.
(6)
The method and plan of garbage removal.
(7)
The plan of electrical lighting of mobile homes and the
mobile home park, including the roadways and driveways.
(8)
The plan and specifications of all buildings and other
improvements situate in the mobile home park.
C.
In the case of a renewal application, the applicant shall
submit with its application plans prepared by a professional engineer licensed
to practice in New Jersey, bearing his seal and signature, reflecting all
changes and modifications to the plan previously filed by the applicant in
the detail required for the initial plans and specifications. In the event
that there have been no changes or modifications to the mobile home park,
the applicant shall submit a statement to this effect verified by affidavit.
D.
An application for a mobile home park license to obtain a license under this Part 2 for the first time shall be considered an initial application and shall be subject to the provisions of Subsection B of this section, even though the applicant possesses or possessed a mobile home park license under a former ordinance of the Township of Pittsgrove. The purpose of this provision is to ensure that, under any circumstance, every licensee under this Part 2 has on file with the Township Clerk a complete plan of the park in compliance with the provisions of Subsection B of this section.
[Added 2-27-1991 by Ord. No. 3-1991]
An application fee in the form of cash or certified check shall be submitted to the Township Clerk with each initial or renewal application in an amount as indicated in Chapter A120, Fees.
Mobile home park licenses issued pursuant to this Part 2 shall be valid
for a period of one year from January 1 to December 31. Licenses which are
issued between January 1 and December 31 of any year shall expire on December
31 of that year. Applications for mobile home park licenses for a full one-year
term shall be made subsequent to October 1 and prior to November 15 of the
preceding year, and if a license is issued thereon it shall be issued to be
effective January 1 of the following year if the provisions of this Part 2
have been complied with.
The licensee shall pay to the Township of Pittsgrove a fee for each mobile home lot in the mobile home park on which is situate a mobile home. The fee shall be as indicated in Chapter A120, Fees, for the 1991 year, and thereafter said fee shall be as indicated in Chapter A120, Fees, for the 1992 year and as indicated in Chapter A120, Fees, for the 1993 year. The fee shall be paid on a monthly basis to the Pittsgrove Township Clerk on the first business day following the last day of the preceding month. Interest on all delinquent payments shall accrue commencing 10 days after default and shall be paid at the same rate as on unpaid delinquent real estate taxes in the Township.
A.
Each licensee of a mobile park shall maintain a mobile
home park registry, and shall submit the same to the Pittsgrove Township Clerk
on the first business day following the last day of the preceding month. The
mobile home park registry shall be verified by affidavit of the owner or managing
agent and shall reflect the following: the name and address of each mobile
home owner residing in the mobile home park and the mobile home lot on which
said owner's mobile home is located.
B.
The initial mobile home park registry submitted by a
licensee in each calendar year shall contain a map or diagram of the mobile
home park reflecting the location of each mobile home lot and mobile home
and a number assigned to the mobile home lot.
Upon the filing of a complete application and the payment of the application
fee as required by this Part 2, the Township Clerk shall forward a copy of
the application, plans and specifications to the Pittsgrove Township Zoning
Officer. Thereafter, the Zoning Officer shall, within 20 days from receipt
of said documents, conduct an inspection of the mobile home park and submit
a written report of his inspection to the Township Committee. The Zoning Officer
in his report shall specifically advise the Township Committee whether or
not the mobile home park is in compliance with the provisions of this Part
2 and the provisions of the Township Development Regulations.[1] In the event that the Zoning Officer determines that the mobile
home park is not in compliance with said provisions, he shall notify the Township
Committee of the nature and extent of the violations.
The Zoning Officer is hereby designated as the Inspection Officer and
is authorized to make inspections of mobile home parks situate in the Township
of Pittsgrove for the purpose of determining whether or not there is compliance
with the provisions of this Part 2 and the Township Development Regulations.[1] For the purpose of making such inspections, the Zoning Officer
is hereby authorized to enter, examine and survey at all reasonable times
the mobile home park and its facilities. The owner or person in charge of
the mobile home park shall give the Zoning Officer free access to the mobile
home park and its facilities at all reasonable times for the purpose of such
inspection.
At the next regular Township Committee meeting following receipt of
the Zoning Officer's report, the Township Committee shall issue a mobile
home park license unless the Zoning Officer has made a determination that
the mobile home park is in violation of the provisions of this Part 2 or the
Township Development Regulations.[1] If the Zoning Officer has made such a determination, the Township
Committee shall not issue a license until the Zoning Officer has advised that
the violations have been abated; provided, however, that the Township Committee
shall be permitted to issue a license with conditions or restrictions if it
deems the same appropriate. The Township Committee in its discretion may require
a performance guaranty from the applicant to ensure compliance by the applicant
with the restrictions or conditions imposed by the Township Committee. The
amount and kind of performance guaranty shall be determined by the Township
Committee, and its form shall be approved by the Pittsgrove Township Solicitor.
Whenever the Zoning Officer determines that there are reasonable grounds
to believe that there are violations of the provisions of this Part 2 or of
the Township Development Regulations,[1] he shall give notice of such violations to the owner or manager
of the mobile home park. Such notice shall be in writing, shall include a
statement of the reasons why it is being issued and shall allow a reasonable
time for the performance of any act to abate the violations. Said notice shall
be served upon the owner or manager personally or by certified mail, return
receipt requested, and shall advise that failure to abate the alleged violations
may result in loss of the mobile home park license.
The owner or manager on whom the notice of violation has been served
may request and shall be granted a hearing on the notice of violation by the
Township Committee, provided that such person shall file in the office of
the Township Clerk a written petition requesting such hearing setting forth
a brief statement of response in answer to the notice of violation, within
10 days after the date of the notice was served. Upon receipt of such petition,
the Township Committee shall set a time and place for such hearing and shall
give the petitioner written notice thereof. At such hearing, the petitioner
shall be given an opportunity to be heard and to respond to the allegations
of the notice. The hearing shall commence not later than 21 days after the
day on which the petition was filed; provided, however, that upon application
by the petitioner the Committee may grant a continuance of the hearing date.
After such hearing the Township Committee shall make a determination regarding
the notice of violation, and may in the exercise of its discretion revoke
or suspend the mobile home park license or impose conditions or restrictions
on the same. In the event that the Township Committee imposes conditions or
restrictions on the license, it may in the exercise of its discretion require
a performance guaranty from the applicant to ensure compliance by the applicant
with such restrictions or conditions it imposed. The amount and kind of performance
guaranty shall be determined by the Township Committee and its form shall
be approved by the Township Solicitor. Any person aggrieved by the decision
of the Township Committee may seek relief therefrom in any court of competent
jurisdiction as provided by the laws of the State of New Jersey.
[Added 2-27-1991 by Ord. No. 3-1991;
amended 9-13-2005 by Ord. No. 9-2005; 3-14-2006
by Ord. No. 4-2006]
Any person, firm or corporation violating any provisions of this chapter
shall be subject, upon conviction, to one or more of the following: imprisonment
in the county jail for any term not exceeding 90 days; or by a fine of no
less than $100 and not more than $2,000; or by a period of community service
not exceeding 90 days. The Township of Pittsgrove may, at its discretion,
seek injunctive relieve from a court of competent jurisdiction of the State
of New jersey.
