Township of Mullica, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mullica as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 23.
Mobile homes and house trailers — See Ch. 156.
Property maintenance — See Ch. 177.
Trailers camps — See Ch. 221.
Trash disposal and recyclables — See Ch. 225.
Public health nuisances — See Ch. 248.
[Adopted 4-13-1977]
Senior citizen mobile home parks shall comply with the provisions of this article, as well as the rules and regulations and policies of law administered by any agency or a subdivision in this state having a legal jurisdiction, including but not limited to the Township Committee of the Township of Mullica, the Planning Board of the Township of Mullica, the Zoning Board and the Board of Adjustment and the New Jersey State Department of Health.
For the purpose of this article, the terms listed below shall be defined and interpreted as follows:
MOBILE HOME
A vehicle used or so constructed as to permit its being used as a licensed conveyance upon public streets or highways and constructed in such a manner as will permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also include automobile trailer, house trailer and trailer coaches, excepting therefrom travel trailers.
MOBILE HOME PARK
Any plot or ground upon which two or more mobile homes or mobile units used for dwelling or sleeping purposes are located.
MOBILE HOME SPACE
A plot of ground within a mobile home park designed for the accommodation of one mobile home.
PARK MANAGEMENT
The owner of a mobile home park or his designated agents being administrative officers of the mobile home park.
PUBLIC POTABLE WATER SUPPLY
A municipally or privately owned water supply approved by the New Jersey State Department of Health under the provisions of Article I, Chapter 10 of Title 58 and Article I, Chapter 11 of Title 58 of the revised statutes, which is distributed to customers through a public water supply system.
PUBLIC WATER SUPPLY SYSTEM
A municipally or privately owned system comprising structures which, operating alone or with other structures, results in the derivation, conveyance or transmission or distribution of water for potable or domestic purposes to consumers in 25 or more dwellings or purposes; this definition does not include a public water treatment plant.
REFUSE
Garbage, rubbish and trade waste.
SANITARY SEWAGE
Any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried waste resulting from the discharge of water closets, laundrytubs, washing machines, sinks, dishwashers or any other source of water-carried waste of human origin or containing putrescible material.
SEMIPUBLIC WATER SUPPLY SYSTEM
A water supply system from which potable water is supplied to customers of more than one but less than 25 dwellings and from which is used or made available for potable purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial, multiple dwelling or semipublic buildings, such as: apartments, rooming and boarding houses, trailer camps, hotels, motels, tourist cabins, mobile home parks, restaurants, camps of all types, day and boarding schools, clubhouses, hospitals and other institutions, or as used in connection with the manufacture or the handling of ice, dairy products, food or drink.
SENIOR CITIZEN
An individual 55 years of age or over.
A. 
Location. The mobile home park shall be well drained and not adjacent to swamps, marshes, breeding places for insects or rodents.
B. 
Standards and adoption of Chapter IX of the New Jersey Sanitary Code.
(1) 
The provisions of this section comprise the minimum standards with which all mobile home parks and the park management shall comply, as well as with the rules and regulations and policies or laws administered by the Township or any agency or subdivision in this state having legal jurisdiction, including Chapter IX of the New Jersey State Sanitary Code relating to mobile home parks.
(2) 
The New Jersey Sanitary Code, Chapter IX, Mobile Home Parks, which was promulgated as a chapter of the New Jersey State Sanitary Code, by the public council of the State of New Jersey, Department of Health, and which became effective as a statute of the State of New Jersey on April 1, 1963, and amended, is hereby declared to be a part of this section in its entirety as if set forth at length herein.
C. 
Number of homes. The number of mobile homes permitted in a park shall not exceed the number of mobile home spaces. In no case shall the number of home spaces exceed 100 spaces.
D. 
Minimum size of space. Each mobile home space shall be clearly identified by number. It shall be adequate for the type of facility occupying the same. Mobile homes shall be parked on each space so that there will be at least 25 feet side-to-side spacing between homes, 20 feet end-to-end spacing between homes and 20 feet spacing from any mobile home to any adjoining or adjacent property line, 35 feet from the sideline of any public street or highway, and 25 feet from any building or structure. Each mobile home space shall contain no less than 4,000 square feet. The maximum number of mobile home spaces shall be five spaces per acre.
E. 
Streets, parking.
(1) 
Streets shall be provided on the site where necessary furnish principal traffic ways for convenient access to mobile homes and other facilities on the streets. The streets shall be retained as private streets on the property and shall have a bed width of 35 feet, 24 feet of which shall be paved. No mobile home shall be occupied prior to the completion of the access street thereto and that portion of the street sufficient to cover the frontage of the mobile home lot. The park management shall maintain the streets in the mobile home park in order to provide a safe and adequate means of transportation throughout the mobile home park for its inhabitants and their guests. Street repairs, sweeping and snow plowing as needed from time to time shall be provided by the park management. All roads in the mobile home park shall be continuous, except that closed ends of dead-end streets shall be provided with vehicular turning space as provided in the Township's Land Subdivision Ordinance.
(2) 
All roads and storm sewer drains shall be installed to comply with the provisions of the Township's Land Subdivision Ordinance, except that access roads which lead to a public highway or street shall be at least 40 feet wide, 30 feet of which shall be paved. All streets shall be paved with FABA paving materials. Further compliance with all Township ordinances requiring inspections during construction and paving are required.
(3) 
There shall be no parking permitted on any of the interior streets of the mobile home park. At least two car parking spaces for each mobile home shall be provided. Parking spaces shall be provided either in convenient bays or other areas upon the mobile home space.
(4) 
There shall be installed concrete sidewalks of standard-type construction a minimum of four feet in width along both sides of the access roads or streets which lead to a public highway.
F. 
Permanency of homes and additions. Skirting or other nonpermitted 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 in a mobile home park. Additions are permitted, however, which are not of a permanent nature and can be removed at any time.
G. 
Recreation areas. A minimum of 100 square feet per mobile home space shall be provided in one or more places for recreation areas, be restricted to such use, and be free of traffic hazards.
H. 
Streetlights. Streetlights shall be installed at every intersection and for every 200 feet along interior streets. The lights shall be 3,500 lumen mercury vapor lamps and shall be illuminated from 1/2 hour after sunset until 1/2 hour before sunrise.
I. 
Buffer strips. A buffer strip shall be maintained along all exterior property lines of the mobile home park, whether they are front lines, side lines or rear lines. Such buffer strips shall be at least 25 feet in width. The Planning Board may, in its discretion, require the erection of a fence or other barrier along the interior portion of the buffer strip in order to provide security and privacy for the residents of the mobile home park.
A. 
The basic standards for regulation of water and sewer facilities will be those as set forth in Chapter IX of the New Jersey Sanitary Code, except when the Township Zoning Ordinance or this article has requirements exceeding those of the State Sanitary Code, in which event the Township Zoning Ordinance or this article shall have preeminence.
B. 
The licensee shall be required to provide a central source of water and treatment of sewage, and all mobile homes shall be connected thereto. The foregoing utilities shall be approved by the State Department of Environmental Protection in accordance with the statutes made and provided.
C. 
The park management shall install and maintain a loop two-well system capable of supplying all the water needs of the mobile home park.
A. 
General. The storage and collection of refuse shall be so managed as to prevent health hazards, rodent harborage, insect breeding, accident hazards or air pollution. These activities shall be performed in accordance with local requirements. In the absence of such requirements, the following shall apply:
(1) 
Refuse container. All refuse shall be stored in durable, flytight, watertight and rodentproof containers. Where separation of refuse is required, separate marked containers shall be provided and appropriately identified as "garbage" (food wastes) and "rubbish" (paper, cans, bottles, etc.).
(2) 
Storage capacity and location of refuse. Containers: at least six gallons of refuse storage capacity per day shall be provided for each mobile home space. Refuse containers necessary to supply that capacity shall be permanently located no farther than approximately 150 feet from any mobile home space. Racks or holders shall have 12 inches of clear space beneath them to facilitate cleaning and to prevent rodent harborage. Racks shall be constructed of a durable material and be easily cleaned.
(3) 
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.
B. 
Refuse disposal. Refuse disposal shall be effected in accordance with local requirements, or, in the absence of such requirements, the provisions of Chapter VIII of the State Sanitary Code shall prevail.
A. 
General. Insect, rodent and weed control shall be performed in accordance with local or county requirements. In the absence of such requirements, the following shall apply:
(1) 
Insects. Mobile home parks shall be kept free of cans, jars, buckets, old tires and other articles which may hold water and provide temporary breeding places of mosquitoes. Permanent mosquito-control measures such as draining and filling depressions in which water may collect shall be taken by the owner or operator of a mobile home park, and supplemental larvicidal measures shall be undertaken by him when the need is indicated.
(2) 
Fly breeding shall be controlled by eliminating the unsanitary practices which provide breeding places. Garbage cans shall be repaired or replaced when so damaged that they leak or their lids do not fit in a fly-tight manner. The area surrounding the garbage can racks or holders shall not be permitted to become littered with garbage or saturated with waste liquids from garbage. All garbage cans shall be washed frequently and fastened to racks or holders to prevent overturning.
(3) 
The growth of brush, weeds and grass shall be controlled as a means toward elimination of ticks and chiggers. Insecticidal measures shall be applied, if necessary.
B. 
Rodents.
(1) 
All buildings within the mobile home park shall be ratproofed, with special emphasis on those in which food is stored or served.
(2) 
Storage areas shall be maintained in such a manner as to eliminate the possibility of rodent harborage. The space beneath mobile homes shall not be used to store supplies. Lumber, pipe and other building material must be stored at least 18 inches above ground.
C. 
Ragweed, poison ivy and poison sumac. Mobile home parks shall be maintained in such a manner as to prevent the growth of ragweed, poison ivy or poison sumac.
A. 
Standard. Every mobile home park shall be equipped with electric power. Electrical systems and equipment installed in mobile home parks shall be of an improved type and installed in accordance with the provisions of the current National Electric Code and this article.
B. 
Power. A properly grounded electrical receptacle shall be provided for each mobile home space, and each mobile home shall be suitably grounded. The electrical outlet receptacle shall be waterproof and accessible to the parked mobile home. The receptacle shall supply 115/230 volts with a minimum rated capacity of 50 amperes. A properly sized over-current device shall be installed as an integral part of each outlet.
C. 
General. All utility lines are to be located and shall be installed underground.
A. 
Standard. Mobile home parks shall conform to municipal ordinances, statutes and applicable regulations governing the handling and storage of gasoline, fuel oil or other flammable liquids or gases. In the absence of the same, they shall conform to the provisions of this article hereinbelow stated.
B. 
Storage and handling of fuel oil and flammable liquids. The handling and storage of fuel oil or other flammable liquids shall be in compliance with the applicable standards of the National Board of Fire Underwriters. All fuel oil tanks shall be buried underground.
C. 
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 adopted May 25, 1950, by the New Jersey State Department of Law and Public Safety, Division of State Police, with the following supplements:
(1) 
Container filling. Liquefied petroleum gas containers shall be filled at a properly equipped filling plant located in accordance with the provisions of this article or from a tank truck subject to the restrictions set forth in this article hereinbelow, provided that in either case the operations are in compliance with the applicable requirements of the standards prescribed in the rules and regulations for the storage and handling of liquefied petroleum gases aforementioned. During these operations, no vapor or liquid shall be vented to the atmosphere, and container filling in either instance shall be performed only by qualified personnel during daylight hours.
(2) 
Location of filling plant. Filling plants may be located in the mobile home park, provided that the entire operation, including the storage container, is located not less than 50 feet from the nearest trailer, important buildings or group of buildings, or a line adjoining the property which may be built upon, and not less than 25 feet from any public street or highway. Such filling plant and storage containers shall be enclosed by manproof fencing or otherwise protected from tampering or physical damage. The access to the enclosed area shall be kept locked when unattended.
(3) 
Filling from tank truck. Containers installed at any mobile home may be filled at that location by tank truck, except that such filling shall be limited to three containers or 100 pounds at any one mobile home location, provided that such filling operation is conducted not closer than five feet to the mobile home exit. Filling operations in excess of this limitation shall be conducted at a filling plant conforming to this article.
(4) 
Empty containers. Empty liquefied petroleum gas containers for mobile homes shall be replaced with filled containers or removed.
A. 
Standard. Mobile home parks shall conform to municipal ordinances, statutes and applicable regulations governing fire protection. In the absence of the same, they shall conform to the provisions of this article hereinbelow stated.
B. 
Maintenance. Mobile home park areas shall be kept free of combustible refuse.
C. 
Fire hydrants and risers. Where the mobile home park is supplied by a public water supply system, standard fire hydrants shall be located within approximately 400 feet of each mobile home or building. In the event that the water supply system falls in the semipublic category, each mobile home or building shall be located within approximately 300 feet of two-inch frost-protected water risers with one-and-one-half-inch capped hose connections.
D. 
Hose. At least one hose reel or other supply one-and-one-half-inch hose in sufficient length to reach any point of the mobile home park from a hydrant or hose connection shall be provided at suitable weather-protected locations.
E. 
First aid fire equipment. First aid fire equipment as prescribed below shall be provided, maintained and always available at each mobile home park. "Approved," as used in this article, shall mean as defined by the National Fire Protection Association in the Standards for Fire Prevention and Fire Protection Trailer Coaches and Trailer Courts, dated June 1952, or the most current editions thereof.
(1) 
Class A fires: at least one unit of approved first aid equipment for each mobile home. Such equipment includes approved pump tanks, extinguishers and water barrels with fire buckets.
(2) 
Class B fires (involving flammable liquids and grease); approved carbon dioxide, foam or dry chemical extinguishers; at least one unit for each 10 mobile homes and one unit for each restaurant kitchen.
(3) 
Class C fires (involving electricity): approved carbon dioxide or dry chemical extinguishers; at least one unit for each mobile home park and one for each switchboard and maintenance shop.
(4) 
Grass and woods fires. Approved back pack extinguishers shall be provided for mobile home parks subject to exposure to grass or woods fires. It is recommended that a fire break be provided around the perimeter of the park where such exposure may exist.
F. 
Fire alarm. Provision shall be made for giving a general alarm in case of a major fire. A bell, iron hoop or a similar manually operated device may be used for this purpose. Watchman service is strongly recommended.
The occupancy of any senior citizen mobile home park shall be limited to persons who are 55 years of age or over, with the following exceptions:
A. 
A husband or wife under the age of 55 years who is residing with his or her spouse, who is of the age of 55 years or over.
B. 
Children over the age of 18 years residing with their parent or parents where one of said parents with whom said child or children reside is 55 years of age or over.
C. 
Adults under the age of 55 years if it is established that the presence of such person or persons is essential for the physical care of other occupants of the age of 55 years or older.
A. 
It shall be the duty of the park management to keep a register containing a record of all mobile home owners and the occupants of each of said mobile homes located within the park. Said register shall contain the following information:
(1) 
The names and addresses of each mobile home occupant.
(2) 
The name and address of the owner of each mobile home.
(3) 
The make, model, year, license number and serial number of each mobile home, and the make, model, year, license number and serial number of each motor vehicle owned or operated by the occupants of said mobile home park.
(4) 
The date of arrival and departure of each mobile home.
(5) 
The ages of each occupant of every mobile home.
B. 
The park management shall keep such register available for inspection at all times by law enforcement officers, public health officials, the Township Clerk and other officials, whether local, state or federal, whose duties necessitate acquisition of the information contained in the register.
C. 
It shall be the further duty of the park management to be caused to be executed by the owner of each mobile home situated in said mobile home park a lease or occupancy agreement which shall set forth the information above referred to in this section, and shall likewise clearly state the sum of money that shall be paid by the owner of said mobile home to the park by way of rent or charges for the privilege of occupying said mobile home park. Said lease or occupancy agreement shall also provide therein that no mobile home may be occupied by any person or persons who have not yet attained the age of 18 years. It is further the duty and obligation of the park management to enforce said provision in the lease, it being the intention of this article to provide adequate and permanent residences at a moderate cost for senior citizens.
[Amended 12-27-1990 by Ord. No. 23-90]
A. 
The annual license fee paid by the owner of a mobile home park shall be a sum equal to $10 for each mobile home space contained within the mobile home park. In addition, there shall be a monthly fee for each space occupied by a mobile home of $38 through December 31, 2017, and continuing thereafter until such time as this Subsection A of the section is amended by the Mullica Township Committee.
[Amended 9-25-2012 by Ord. No. 10-2012; 2-10-2015 by Ord. No. 3-2015]
B. 
The annual license fee shall be payable within 30 days commencing from final approval to operate by the Township Committee. The monthly license fee shall be paid 10 days subsequent to the last day of the month in question. The park management shall supply the Township with statements indicating the number of spaces occupied, as well as the monthly rental charged. The park management shall supply a security deposit as required in § 153-15 of this article.
A. 
Application procedure.
(1) 
Upon a payment of the application fee and the submission of a proper application to the Township, the appropriate municipal agencies or officers shall review said application. The aforesaid application shall be filed with the Township Clerk. The applicant shall submit with such application six copies of a site plan which shall be an accurate plot plan drawn to a scale not less than one inch equals 100 feet prepared by a licensed engineer of the State of New Jersey and showing the following information as a minimum:
(a) 
The lot and block number, exact acreage and exact dimensions of the property to be built upon.
(b) 
Location and layout of all existing structures, buildings and roadways on the site and on adjacent properties, but only if the buildings or roadways are within 200 feet of the site or are covered by another mobile home license held by the same applicant.
(c) 
The size, shape and layout of all proposed buildings, structures, roadways, walkways, parking areas, loading areas, buffer strips, outdoor lighting fixtures, fences, signs and landscaping.
(d) 
The existing and proposed grading of the site shown by contour lines having a vertical interval of two feet for areas having slopes of 10% or less and five feet for areas having slopes greater than 10%.
(e) 
Existing and proposed natural or artificial drainage facilities for the disposal of surface stormwater run-off.
(f) 
Existing or proposed facilities for sewer disposal showing the location of such proposed facilities or the point of connection with an existing system.
(g) 
Existing or proposed facilities for the supply of water showing the locations of wells or the point of connection of wells or the point of connection with an existing public water supply.
(2) 
No application for approval hereunder shall be considered unless and until the applicant therefor shall present satisfactory proof of ability to provide a central source of water and treatment of sewage for the maximum number of mobile homes to be permitted. Such proof shall be certification that the aforesaid plans have been approved by the State Department of Environmental Protection.
B. 
Referral to the Planning Board. Upon receipt of a proper application by the Township Clerk, the same shall be referred to the Secretary of the Planning Board. The Planning Board shall forward copies of the application proposal to the Township Engineer as well as to the Township Building Inspector and Health Inspector for their consideration. The Planning Board shall not act in regard to the application until the receipt of reports from the aforesaid individuals or unless a thirty-day period has elapsed after the forwarding of the application to the individuals or no report in writing has been received. In the latter event, it shall be deemed that such person has approved the application.
C. 
Notice. Upon passage of the thirty-day period or receipt of reports referred to above, the Planning Board shall establish a date for a public hearing. Once a date for the public hearing has been established, the applicant shall send, by certified mail, notice of the hearing at least 10 days prior to the date thereof to all owners of land within 200 feet of the area covered by the site plan, including land across a street or streets therefrom as the names of such owners appear on the most recent Township tax record. The notice shall specify the time and place of the hearing, give a brief description of the proposed mobile home park, and state that a copy of the site plan thereof has been filed with the Planning Board and is available in the office of the Township Clerk for public inspection. The Secretary of the Planning Board shall also cause notice of the hearing to be published in the official newspaper at least 10 days prior to the hearing stating that he has notified all property owners within 200 feet, including owners of property directly across the street or streets and the property involved. The applicant shall also forward copies of the notice to the governing body of every municipality and part of the boundary of which lies within a distance of 1,000 feet from any part of a mobile home park.
D. 
Review by the Planning Board. The Planning Board shall review the application and the site plan for its overall conformity to the Master Plan of the Township and for its adequacy in providing for good site design, particularly such items as ingress and egress, vehicular and pedestrial circulation, location and orientation of buildings, landscaping and buffer planting, parking areas and other planning considerations. The Planning Board shall consider in its review the reports of the other persons and agencies referred to hereinbefore and particularly those pertaining to the adequacy of proposed drainage facilities, water supply, sewage facilities, paving requirements, recreation areas and open spaces and any other engineering requirements.
E. 
Approval of plan. The Planning Board shall approve or disapprove the proposed site plan and application with respect to adequacy of planning standards for the site. Its approval or reason for disapproval shall be clearly set forth in a written statement to the applicant and the Township Committee. However, the Planning Board's recommendation of approval or denial is recommendatory only, and final approval rests with the Township Committee. If the application and the site plan are approved by the Planning Board, it shall be referred to the Township Committee for issuance of a license. The Township Committee shall offer those parties having an interest in the application an opportunity to speak at a public hearing called for that purpose. Issuance of a license will be based upon the standards set forth in this article and upon those considerations provided for in this article. Issuance or denial shall be by formal action of the Township Committee at a public meeting after interested parties shall be given an opportunity to be heard.
F. 
Renewal of licenses. Each license provided for herein shall be renewable on an annual basis subject to the park management's complying with all of the provisions and requirements contained in this article. Under no circumstances will a license be renewed should there be due and owing to the Township from the park management arrearages on license fees, property taxes or any municipal charges of any kind.
A. 
After notice and hearing, the Township Committee may revoke or suspend the license of any licensee who shall violate the provisions of this article or shall refuse to permit the inspection of a mobile home by the Health Department of the Township of Mullica, upon request made for such inspection at all times.
B. 
Violation of any provision of this article shall make the party guilty thereof liable to a penalty of imprisonment not to exceed 90 days or by a fine not to exceed $1,000 or up to 30 days' community service, or any combination thereof. Each day of said violation shall be deemed to be a separate offense and punishable as aforesaid by said penalty.
[Amended 7-10-1990 by Ord. No. 10-90; 8-13-1991 by Ord. No. 13-91]
A. 
Security deposit. The park management shall be required to post a security deposit in an amount equal to the fees required by § 153-12 of this article for the first six months that the mobile home park is in operation. Thereafter, the amount of the security deposit shall be adjusted to reflect any increase or decrease in the number of spaces occupied, or any increase or decrease in the monthly rental charged by the park management. Said security deposit shall be maintained in a savings account payable to the Township. Interest on said account shall be payable to park management.
B. 
Certificates of occupancy. The owner of a mobile home park shall be issued certificates of occupancy for each mobile home space as the particular space and portion of the mobile home park is completed. Such certificates of occupancy shall be issued by the Township Zoning Officer who shall certify completion of the required work along with the Township Engineer. Under no circumstances shall a space be rented until a certificate of occupancy has been issued.
[Amended 4-9-1985 by Ord. No. 7-85]
[Added 11-10-1998 by Ord. No. 21-98]
Nothing contained in this article shall be read in such a manner to be inconsistent with the Federal Fair Housing Act or any other state or federal law dealing with senior citizen mobile home parks.
[Adopted 12-14-1999 by Ord. No. 21-99; amended in its entirety 12-12-2000 by Ord. No. 15-2000]
The following terms, wherever used herein or referred to in this article, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:
BASE RENT
As used herein, the base rent shall be the monthly rent charged by the park management to mobile home owners for a mobile home space as of December 14, 1999, minus the amount of the allocated real estate tax bill for the year 1999 and minus any monthly pad fee or municipal service fee for said mobile home space. All rent increases permitted by this article shall be calculated from such base rents as adjusted pursuant to the terms hereof. Consumer price index increases granted pursuant to § 153-25 of this article shall be added to and shall be part of the base rents. Capital improvement surcharges granted pursuant to § 153-26 of this article shall not be considered as an increase in base rents. Hardship surcharges granted pursuant to § 153-27 of this article shall not be considered as an increase in base rents, unless otherwise indicated by the Rent Review Board when it makes its determination.
CAPITAL IMPROVEMENT
Improvements resulting from capital expenditures as defined by the United States Internal Revenue Service under the current applicable tax code and regulations. Consistent with the Internal Revenue Code and Regulations, expenditures for repairs and maintenance are not capital improvements.
CONSUMER PRICE INDEX (CPI)
Consumer price index for the Philadelphia area, published periodically by the Bureau of Labor Statistics, United States Department of Labor (CPI-U).
GOVERNMENTALLY MANDATED EXPENSE
Any expense, assessment, charge, fee, tax or imposition, which park management is required to pay by any governmental entity or which is imposed by any private entity operating under the authority of state or local law (e.g., fees charged by a private water company authorized by law to exercise its franchise rights). As of the date this article is adopted, the only such charges are municipal services fees (or pad fees) and real estate taxes.
MOBILE HOME
A vehicle used or so constructed as to permit its being used as a licensed conveyance upon public streets or highways and constructed in such a manner as will permit its occupancy as a place of day-to-day habitation for one or more persons. This term shall also include automobile trailer, house trailer and trailer coaches, excepting therefrom travel trailers, and shall include manufactured homes as defined by N.J.S.A. 54:4-1.4. Unless indicated otherwise, the owner of a mobile home renting mobile home space or lot space shall be deemed to be a tenant for the purposes of this article.
MOBILE HOME PARK
A plot of ground upon which two or more mobile homes or mobile units used for dwelling or sleeping purposes are located.
MOBILE HOME SPACE
A plot of ground within a mobile home park designed for the accommodation of one mobile home or mobile unit. "Mobile home space" shall also mean lot or lot space for the purposes of this article.
MOBILE HOME UNIT
Any single wide, double wide or other structure constructed off-site which when placed on-site and connected to utilities is designed to be used as a dwelling on a permanent or nonpermanent foundation.
PARK MANAGEMENT
The owner of a mobile home park or his designated agents being administrative officers of the mobile home park. Unless indicated otherwise, "park management" shall also mean landlord for the purposes of this article.
REASONABLE AND NECESSARY OPERATING EXPENSE
Annual expenses incurred by the landlord for the following items: water, sewerage, utilities, real estate taxes, insurance, payroll, maintenance supplies, repairs and replacements, legal fees, management fees (limited to 8% of gross annual income), municipal service fees and payroll taxes and miscellaneous administrative and operating expenses (itemized). Operating expenses for the purposes of this article shall not include capital improvements or depreciation. Operating expenses shall also not include mortgage interest and amortization unless a cash investment based rate of return analysis is used by the Rent Control Hearing Officer in lieu of the NOI formula provided for in § 153-27 and/or the Rent Board under applications made by any landlord pursuant to § 153-27 of this article.
RENT
The amount of consideration agreed to between parties, whereby, upon payment of a sum certain by a mobile home owner, the park management provides the peaceful and quiet enjoyment and possession of mobile home space together with the use of the common grounds and recreational facilities of the mobile home park for the time period agreed to. The rent may be charged on any basis mutually agreed to provide that the monthly rate is no larger than the yearly rate divided by 12 months.
SENIOR CITIZENS
An individual 55 years of age or over.
SENIOR CITIZEN MOBILE HOME PARK
Any plot or ground upon which two or more mobile homes or mobile units used for dwelling or sleeping purposes are located and rented to senior citizens as defined in and regulated by Article I of this chapter and the Federal Fair Housing Amendments Act of 1988 (also known as "Housing For Older Persons").
TENANT
The owner of a mobile home renting mobile home space or lot space in a senior citizen mobile home park.
A. 
The premises covered by and subject to the provisions of this article shall be all senior citizen mobile home parks operated within the Township of Mullica.
B. 
The park management of each senior citizen mobile home park subject to this article shall, within 30 days of the effective date of this article, file with the Secretary of the Rent Review Board or the Township Clerk a register of occupants and rent roll for all current mobile home park owners and occupants. Such register shall contain all of the information required under Article I of this chapter, regarding the register of occupants in senior citizen mobile home parks, together with the current rents charged to each mobile home/mobile unit owner. The park management shall file with the Secretary of the Rent Review Board or the Township Clerk updates to such register upon the occupancy of any new mobile home owner.
A. 
There is hereby created within the Township of Mullica a Rent Review Board whose members shall be appointed by the Township Committee of Mullica. The members of the Board shall be residents of the Township of Mullica, not less than 18 years of age, and must be registered voters with the Township of Mullica.
B. 
The Board shall consist of five Board members who shall be homeowners living in the Township of Mullica with no vested interest in any rental property. Board members shall hold office for a term of two years from the first day of January in the year of appointment, and shall serve without compensation. Upon appointment, the Board shall select its Chairman, Vice Chairman and Secretary.
C. 
Any member of the Board shall be subject to removal by the Township Committee for good cause after a public hearing.
D. 
All actions or decisions of the Board shall be taken or rendered upon majority vote of those present and voting. A quorum shall be three Board members.
There is hereby established the following fee for complaints and applications to the Rent Control Board, which shall be payable to the Township Clerk of the Township of Mullica:
A. 
Any tenant applying for filing with or without a hearing before the Board shall pay a fee of $25. Tenants will not be required to submit an escrow fee.
B. 
Any landlord applying for an increase in rents shall pay a fee of $50 per application. There shall be no fee due for rent increases which can be imposed without applying to the Board.
C. 
The landlord shall pay directly to the court reporter requested to attend that evening any such hearing costs and fees as set by the court reporter's office.
D. 
In addition the landlord shall also be responsible to reimburse the Township for any legal or accounting expenses that may be incurred as a result of the application. The Rent Control Board may require an amount of $1,000 to be placed in escrow prior to an application for a hardship surcharge being heard to cover those expenses, or may require an escrow of $500 for an application for a capital improvement application. If, during the course of review of an application, the Board determines that additional escrow monies are required, said monies shall be deposited to the landlord's escrow account as requested by said Board, and the failure of the applicant to so deposit said monies within the time specified by the said Board shall result in a suspension of consideration of the subject's application until such additional escrow funds are deposited.
A. 
The Rent Review Board and/or Rent Review Hearing Officer are hereby granted and shall have and exercise, in addition to other powers herein granted, all the power necessary and appropriate to carry out and execute the purposes of this article, including but not limited to the following:
(1) 
To supply information and assistance to landlords and tenants to help them comply with the provisions of this article.
(2) 
To issue and promulgate such written procedural rules which are deemed necessary to improve the efficiency of administration of this article.
(3) 
To hold hearings and adjudicate objections from tenants to increased rent applications and to hear applications from tenants for reduced rents, as is hereinafter provided.
(4) 
To hold hearings and/or adjudicate applications from landlords for rent increases as herein provided.
(5) 
To enforce the provisions of this article and to initiate proceedings in the Municipal Court for willful violations thereof.
(6) 
To issue subpoenas to compel the attendance of witnesses and the production of books and records in connection with hearings held pursuant to the provisions of this article.
B. 
The Chairman and/or Hearing Officer may administer oaths and take testimony and shall afford both landlords and tenants a reasonable opportunity to be heard before the Board (or Hearing Officer) shall render any determination.
C. 
The Board shall prescribe and provide all forms for filing an application or complaint under the terms of this article.
A. 
There is hereby constituted and established a position of Rent Review Hearing Officer. Such Rent Review Hearing Officer shall be appointed by the Township Committee of the Township of Mullica and shall serve at the pleasure of said Township Committee. The Hearing Officer shall not be a landlord or a tenant. All applications filed for a capital improvement increase, hardship surcharge, overcharge or rent decrease application shall be referred to the Hearing Officer. The duties of the Rent Review Hearing Officer shall be the following:
(1) 
Mathematically determine the appropriateness and accuracy of any capital improvement increase or hardship increase.
(2) 
Conduct a hearing, of which all affected parties must receive at least 10 days' notice of by certified mail, return receipt requested, on applications from the landlord, on any capital improvement increase or hardship surcharge application or on any overcharge complaint or rent decrease application from any tenant.
(3) 
Afford affected parties the opportunity to be heard at the hearing conducted on a hardship increase or a capital improvement increase request or any overcharge complaint or rent decrease request.
(4) 
Require supplemental documentation from the applicant in order to verify the appropriateness and/or accuracy of any expense or other figure included in calculations submitted in support of any hardship increase or capital improvement increase or any rent overcharge complaint or rent decrease request.
(5) 
Subsequent to the hearing, to make specific written proposed fact findings related to any hardship increase or capital improvement increase application or overcharge complaint or rent decrease application to the Rent Review Board for its consideration for purposes of the Board's ultimate decision on any such capital improvement increase or hardship increase application. The Rent Board's decision on these applications shall be whether or not to accept the recommendations of the Rent Review Hearing Officer. The Rent Review Hearing Officer's proposed fact findings shall make specific reference to the record upon which the proposal is based, specifically identifying why any proposed figure submitted by the landlord is being accepted or rejected. The Rent Board's fact findings only need to specifically refer to the record in those instances where a recommendation from the Rent Review Hearing Officer is being rejected. At the time the Rent Board considers the proposed fact findings submitted by the Rent Review Hearing Officer, the Rent Board shall give both the landlord and the appropriate tenant representatives an opportunity to comment (including advance written commentary) on the Rent Review Hearing Officer's proposed fact findings. In light of the limited scope of the Rent Board's decisionmaking, the Chairman of the Rent Board has discretion under this rent regulatory scheme to limit comments concerning the Rent Review Hearing Officer's proposed fact findings for purposes of conserving municipal resources and avoiding the duplication of the hearing conducted by the Rent Review Hearing Officer.
B. 
Duties of Rent Review Board.
(1) 
The Rent Board shall hold hearings and/or make determinations upon applications or complaints properly brought before the Rent Board under the provisions of this article after they have been considered by the Rent Review Hearing Officer and the Officer has made recommendations thereon. The Rent Board shall not be obligated to hold formal hearings on landlord's requests under § 153-25 of this article for CPI increases, or under § 153-28 for governmentally mandated expense surcharges, unless said increases are challenged.
(2) 
The Board shall not be obligated to hear matters that have previously been resolved by the Board, and shall not be obligated to hear matters not brought before the Board in accordance with the provisions of this article.
(3) 
All applications for increased rents based on capital improvement or hardship surcharges or for rent decreases or to challenge overcharges must be submitted to the Township Clerk and simultaneously to the Board Secretary.
(4) 
As part of an application for a hardship surcharge pursuant to § 153-27, the landlord shall file with the Board the following books and records, all certified to be true and correct by the applicant or the applicant's accountant: profit and loss statement; balance sheets; statement of retained earnings; statement of changes in financial position. As part of an application for a capital improvement surcharge pursuant to § 153-26, the landlord shall file with the Board the depreciation schedule which was attached to its federal tax return on which the capital expenditure(s) which is (are) the subject matter of its application were declared as depreciable expenses as capital items for federal tax purposes if said schedule has been filed with the IRS by the time the rent increase application is filed. Prior to any hearing, the Board shall make the books and records available for inspection and copying by tenants and/or their duly authorized representatives. No application shall be deemed complete until these documents or books and records are filed with the Board.
(5) 
Notwithstanding what is otherwise set forth in this article, nothing herein contained shall limit the authority of the Rent Review Hearing Officer and/or the Board to determine the accuracy of all calculations submitted by the applicant or otherwise determine the reasonableness of all applications for increases or decreases under any provision of this article.
(6) 
After the Board makes a determination concerning the landlord's application, the Township Clerk shall notify the landlord in writing of its determination within 10 days. The landlord shall be responsible for notifying the affected tenants of the increased rents in the manner prescribed by the laws of the State of New Jersey governing landlord-tenant relations.
C. 
Hearings.
(1) 
The Rent Review Hearing Officer and/or the Board shall be obligated to hold formal hearings and take testimony on all capital improvement surcharge applications pursuant to § 153-26 of this article, all hardship surcharge applications pursuant to § 153-27 of this article, all overcharge complaints and all applications for rent reduction. Such hearings shall be initially held by the Rent Review Hearing Officer. The Hearing Officer's hearings shall be held within 30 days of the applicant's submission of a completed application or complaint. The Township Clerk shall notify the applicant in writing of the date, time and place of the hearing within 15 days from the date a completed application is filed with the Township Clerk and simultaneously with the Board Secretary. The applicant shall thereafter serve upon each affected landlord or tenant, personally or by certified mail, return receipt requested, written notice of the date, time and place of the hearing at least 10 days prior to date of such hearing and shall specify the particular type and amount of increase(s) and/or surcharge(s) sought from each tenant or the specific basis for a claim of overcharge or for rent reduction sought from the landlord and shall further state that the application and all supporting documentation is available at the Township Clerk's office for inspection and copying. The applicant shall file with the Township Clerk proof of mailing or proof of service of such notices.
(2) 
After the Rent Review Hearing Officer submits his or her recommendations to the Rent Board for consideration, the Rent Board must conduct a hearing on them within 30 days. The Township Clerk shall notify the applicant in writing of the date, time and place of the hearing within 15 days from the date the Hearing Officer's recommendations are filed with the Township Clerk and the Board Secretary. The applicant shall thereafter serve upon each affected landlord or tenant, personally or by certified mail, return receipt requested, written notice of the date, time and place of the hearing at least 10 days prior to date of such hearing. The applicant shall file with the Rent Review Board proof of mailing or proof of service of such notices.
A. 
No landlord shall, after the effective date of this article, charge any rents in excess of what the landlord was receiving on December 14, 1999, unless authorized pursuant to the terms hereof. All rent increases for the year 2000 and for January 2001 shall be retroactively determined consistent with this amended article.
B. 
Rent increases under any or all sections of this article must be initiated at the expiration of each residents' lease except as provided for hereunder. The Board shall not grant more than one rental increase of the same type to any applicant during any twelve-month period.
C. 
All rental increases for dwellings as defined by this article shall be determined by the provisions of this article. Any rental increases charged by a landlord to tenants to whom this article applies residing in the Township of Mullica, County of Atlantic and State of New Jersey which are not authorized by this article shall be deemed void and unenforceable.
D. 
Any lease or other written agreement, or portion thereof, waiving any provision of this article shall be deemed void and unenforceable.
E. 
New tenancy or change in tenancy.
(1) 
The Rent Leveling Board shall have no jurisdiction over the rent charged the first time for a reconstructed mobile home space or if a mobile home rental space is being rented for the first time.
(2) 
If a mobile home space previously rented is being rented to a new tenant as a result of the previous tenant vacating the mobile home and/or rental space, the base rent can be increased so that, together with any other charges imposed consistent with this article (e.g., municipal service fees, tax surcharges or capital improvement increases), the new gross monthly rent set by the landlord can be equal to the highest gross monthly rent then being paid anywhere in the mobile home park. Rents charged to mobile home spaces rented for the first time at any time after the adoption of this article or after reconstruction of the mobile home space cannot be used to measure "the highest gross rent . . . being paid anywhere in the mobile home park" until after the 10th anniversary of the initial passage of this article on December 14, 1999. Any subsequent rental increase to the tenant who takes possession of a previously rent controlled mobile home space, however, shall be subject to the provisions of this article limiting rental increases after that tenant's rent has been established by the landlord. When any existing resident desires to sell his mobile home, he shall give notice of his intent to sell the mobile home to the landlord pursuant to N.J.S.A. 46:8C-3. In response to that notice, the landlord, within five days, will deliver to the selling tenant written notification of what the new rent will be for the mobile home space after the sale which will be paid by the new resident. That written notification of the increased rent is binding on the landlord for purposes of fixing the new rent for four months after the date of the written notification being delivered to the tenant (subject to any other increases which would have been authorized for that mobile home space at the pre-resale rent level pursuant to the provisions of this article during said four-month period had the tenant not given notice of his intent to sell).
A. 
During the term of this article, the landlord shall maintain the same standards of existing service, including but not limited to maintenance, utilities, recreation facilities, furnishings, equipment, and amenities in the housing space as the landlord provided or was required to provide by law, ordinance or lease at the date the lease was entered into.
B. 
Any individual tenant or class of tenants not receiving substantially the same standards as aforesaid may apply to the Rent Review Board to determine the reasonable rental value as the Board may fix as full payment of rent until the landlord shall demonstrate to the Board that such deficiency has been corrected. Nothing contained herein shall be construed as a tenant's exclusive remedy regarding such deficiency.
A. 
A landlord shall be entitled to one rental increase yearly under the terms of this section. The percentage of increase in base rent shall be based on the percentage increase in consumer price index for the Philadelphia area, all items, all urban consumers as promulgated for the month of June in each and every year. The increase will be a minimum of 1% but can never exceed 4%. The minimum one-percent and maximum four-percent yearly rental increase provided for in this § 153-25A shall remain in effect until at least January 1, 2022 and shall not be superseded or otherwise amended by any ordinance, amendment, hardship application or by any other means between the date of adoption and January 1, 2022.
[Amended 11-22-2005 by Ord. No. 11-2005; 10-23-2012 by Ord. No. 12-2012]
B. 
Notice to tenants of automatic increase. 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 tenant's gross monthly payment (including pad fee).
(2) 
The pad fee and the tenant's allocated share of any governmentally mandated expense or capital improvement surcharge.
(3) 
The tenant's base rent.
(4) 
The percentage annual increase in the consumer price index for the Philadelphia region (CPI-U) for the most recent time period at least 60 days prior to the notice for which CPI data is made available by the United States Department of Labor (including a copy of the Department of Labor CPI publication relied on by the landlord).
(5) 
The calculation of the allowable percentage increase in rent pursuant to this section.
(6) 
The calculation of the allowable rental increase rounded to the nearest dollar.
(7) 
The calculation of the tenant's rent for the new leasing term.
(8) 
The date of anticipated implementation of the automatic increase.
C. 
Park owners shall be required to notify the residents of the implementation of this increase in a manner which complies with New Jersey's Landlord Tenant Law.
D. 
One copy of this notice for each rent category shall be filed with the Rent Board Secretary and Township Clerk when park management implements the increase.
A. 
A landlord make seek a surcharge for capital improvements for the rented mobile home space for the mobile home park. The capital improvement surcharge shall be calculated per lot by dividing the total surcharge by the total number of developed mobile home spaces in the community.
B. 
In order to qualify for a capital improvement surcharge, the landlord must apply for the surcharge within 18 months of the completion of the capital improvement.
C. 
In addition to requirements under § 153-21 of this article, any landlord seeking a capital improvement surcharge shall file with the Township Clerk and Rent Board Secretary an application, which shall include a schedule indicating the calculations involved in computing the capital improvement, the number of years of useful life of the improvement or services, the average annual cost of said improvement or services, including debt service, the total number of affected mobile home spaces, together with the calculations predicated upon the formula in § 153-26A above.
D. 
The surcharge for capital improvements may be continued until the Rent Review Board determines that the cost therefor has been recovered or until the improvement shall cease to benefit the tenants, but in no case longer than the number of years of its useful life used to measure the capital improvement increase approved by the Board. An affected tenant shall be entitled to apply to the Rent Review Board for a reduction in the surcharge in the event of full recovery by the landlord.
E. 
The landlord shall provide tenants notice of applications for capital improvement surcharges in accordance with § 153-22 of this article.
F. 
The Rent Review Board shall process, hear and determine the matter of capital improvement surcharges in accordance with § 153-22 of this article.
A. 
If a landlord, in the operation of a senior citizen mobile home park, is not receiving a fair net operating income of at least 40% of the gross annual income, the Board shall approve a rent increase that enables the landlord to achieve a net operating income equivalent to 40% of the gross annual income.
B. 
"Fair net operating income" shall mean the gross annual income derived from the mobile home park, less the operating expenses. "Operating expenses" shall mean annual expenses incurred by the landlord in the operation of the mobile home park, including but not limited to the following items: heating fuel; water; sewerage; utilities; real estate taxes; municipal service fees; insurance; payroll, payroll taxes; management fees (limited to 8% of gross annual income); maintenance supplies, repairs and replacements; legal fees and miscellaneous administrative and operating expenses (itemized). Operating expenses for the purposes of this section shall not include depreciation nor shall it include items otherwise defined as capital improvements by this article. Operating expenses shall also not include mortgage interest and amortization unless a cash investment based rate of return analysis is used by the Rent Control Hearing Officer and/or the Rent Board in lieu of the net operating income (NOI) formula provided for in § 153-27 for applications made by any landlord pursuant to § 153-27 of this article. Capital improvement surcharges authorized by the Board shall be excluded in computing gross and net income under this section.
C. 
Any landlord seeking a hardship surcharge shall file an application with the Rent Review Board and provide notice to tenants in accordance with § 153-22 of this article. The landlord in such application shall itemize all income and operating expenses to be considered by the Board.
D. 
The Rent Review Board shall process, hear and determine the matter of a hardship surcharge in accordance with § 153-22 of this article. In the event that the Board grants a hardship surcharge pursuant to this section, the surcharge shall be calculated per lot.
A. 
The landlord shall also be entitled to a rent increase for increases in the landlord's expense by reason of the imposition of or increase in governmentally mandated expenses, including municipal service fees and/or pad fees pursuant to state law (N.J.S.A. 54:4-1.6 et seq.), real estate taxes and/or public utility charges of any type by any public or private utility company.
B. 
Contents of tenant notice. In order to implement any such increase, a landlord must serve a notice upon the tenants and supply the following information:
(1) 
The tenant's gross monthly payment (including pad fee).
(2) 
The pad fee and the tenant's allocated share of any governmentally mandated expense or capital improvement surcharge.
(3) 
The tenant's base rent.
(4) 
The additional increase in expenses calculated by showing the former expense compared with the expense for the most recent 12 months, except in the case of rate increases, tax increases or increases in pad fees (also known as "municipal service fees"). For each of these latter three categories, any such rent increase surcharge shall be implemented simultaneously with the implementation of the increase imposed by the governmental entity or utility assuming the calculation can be made with certainty. In those cases the tenant notification shall list the new rate, the old rate and the calculation of the new rent which results from this adjustment.
(5) 
The additional charge sought from each tenant.
(6) 
The tenant's new monthly gross rent.
C. 
In the case of a new imposition of a utility charge imposed upon the landlord for the first time by any public or private utility company, the amount of surcharge which can be imposed on the tenants shall be equal to the total annual utility charge for the property, reduced by the amount expended by the landlord during the most recent twelve-month period prior to imposition of the utility charge to maintain the utility for which service will now be provided by the utility company imposing the new charge. The tenant utility surcharge shall equal this adjusted annual sum, divided by 12 months, divided by the total number of spaces in the mobile home park.
D. 
One copy of this notice for each rent category shall be filed with the Rent Board Secretary and Township Clerk when park management implements the increase.
A. 
The Rent Review Board, Rent Review Hearing Officer or any tenant or class of tenants may bring an action before the Rent Review Board alleging any unauthorized or illegal increase or surcharge or any violation of this article. All such applications shall be filed with the Township Clerk and simultaneously with the Rent Board Secretary. Upon the filing of such application by any tenant or class of tenants, the matter shall be referred to the Rent Review Hearing Officer for analysis and proposed fact findings. Upon written notice to the landlord, the Rent Review Hearing Officer shall hear and determine the amount of overpayment, if any, resulting from violations of this article and shall make a proposed fact finding, with specific references to the record, proposing a schedule of credits or rent abatements as necessary to remedy any overpayments made.
B. 
The above administrative remedy shall not be deemed to be the exclusive remedy of any tenant or class of tenants in seeking redress for any unauthorized or illegal increase or surcharge or any violation of this article, and nothing herein shall preclude any tenant from seeking any lawful judicial relief.
The provisions of this article shall be liberally construed to effectuate its purposes.
Any material violation of the provisions of this article, including but not limited to the willful filing with the Rent Review Board of any material misstatement of fact, shall be punishable by a fine of not more than $500 or imprisonment for not more than 30 days, or both.
[Added 4-9-2002 by Ord. No. 4-2002]
Notwithstanding anything to the contrary contained herein, applications for rent increases under any and all sections of this article must be initiated at the same time during any twelve-month period. The Hearing Officer or Board shall not grant more then one rental increase or rental decrease to any applicant during any twelve month period. Any increase in rents granted by the Board shall be divided into 12 equal payments and shall become effective December 1. Further, any increase of any nature, if applicable, including consumer price index increases, capital improvement increases, hardship increases or governmentally mandated increases shall likewise be divided into 12 equal payments and shall be effective as of December 1 of any year.