[HISTORY: Adopted by the Township Committee
of the Township of Mullica as indicated in article histories. Amendments
noted where applicable.]
[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:
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.
Any plot or ground upon which two or more mobile homes or
mobile units used for dwelling or sleeping purposes are located.
A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
The owner of a mobile home park or his designated agents
being administrative officers of the mobile home park.
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.
Garbage, rubbish and trade waste.
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.
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.
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:
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.
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 for the Philadelphia area, published
periodically by the Bureau of Labor Statistics, United States Department
of Labor (CPI-U).
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.
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.
A plot of ground upon which two or more mobile homes or mobile
units used for dwelling or sleeping purposes are located.
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.
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.
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.
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.
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.
An individual 55 years of age or over.
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").
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.
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.
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.
