[HISTORY: Adopted by the Township Committee of the Township
of Quinton 12-30-1992 by Ord. No. 1992-9.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance supersedes all former provisions
on mobile home parks.
As used in this chapter, the following terms shall have the
meanings indicated:
[Repealed 6-2-1993 by Ord. No. 1993-5]
A unit of housing which consists of one or more transportable
sections that are built on a permanent chassis; which is designed
to be used, when connected to utilities, as a dwelling; and is manufactured
in accordance with the standards promulgated for a manufactured home
by the Secretary of the United States Department of Housing and Urban
Development pursuant to the National Manufactured Housing Construction
and Safety Act and the standards promulgated by the Commissioner pursuant
to P.L. 1975, C. 217 (N.J.S.A. 52:27D-119 et seq.).
MOBILE HOME PARK —
A parcel of land, or two or more parcels of land, containing
two or more sites equipped for the installation of manufactured homes,
where these sites are under common ownership and control for the purpose
of leasing each site to the owner of the manufactured home for the
installation thereof, and where the owner or owners provide services,
which are provided by the municipality in which the park is located
for property owners outside the park, which services may include but
shall not be limited to:
A parcel, or any contiguous parcels, of land which contain,
on the effective date of this chapter, no fewer than three sites equipped
for the installation of manufactured homes, and which otherwise conform
with the provisions of this subsection, shall qualify as a mobile
home park for the purposes of this chapter.
A parcel of land designed to accommodate a mobile home, and
shall include the mobile home stand and the mobile home yard.
That part of a mobile home site which has been vested exclusively
for the placement of a mobile home.
That part of a mobile home site excluding the mobile home
stand.
A building used by the park residents exclusively for recreational
purposes.
Garbage, rubbish and trade waste.
[Repealed 6-2-1993 by Ord. No. 1993-5]
No person shall construct or operate a mobile home park within the Township without first securing a regular or special license therefor. All mobile home parks in existence as nonconforming uses shall, within 30 days from the effective date of this chapter, obtain a regular or special license and, in all other respects, comply with the requirements of this chapter. Applicants for new mobile home parks shall, in addition to complying with this chapter, also comply with § 170-57 unless a variance(s), as permitted by the Municipal Land Use Act[1] and Land Development Ordinance,[2] is granted therefor.
[Added 5-2-2001 by Ord. No. 2001-4]
The number of regular and special mobile home licenses to be
issued by the Township Clerk shall be limited to two, including all
licenses presently issued.
[Added 5-2-2001 by Ord. No. 2001-4]
No regular or special mobile home license shall be transferred
to a new licensee without the permission of the Township Committee.
At least 30 days prior to the proposed transfer of any such mobile
home license, the present licensee and/or the transferee of such license
shall apply to the Quinton Township Committee for approval of the
proposed transfer, utilizing a form to be provided by the Township
Clerk. This application shall then be voted upon by the Township Committee
at its next regularly scheduled meeting.
A regular or special license to operate a mobile home park shall
be obtained from the Township Clerk within 30 days from the effective
date of this chapter and on or before January 1 of each year thereafter.
All applications shall be submitted on or before October 1 of each
year. Within 30 days of such submission, each applicant shall be advised
of any deficiency in either the application, the park plan or facilities
as required by this chapter. If the deficiencies are corrected prior
to the issuing date of the license, then a regular license shall be
issued.
A.
If no license application is received within 30 days from the effective
date of this chapter or 10 days after January 1 of each year, this
shall constitute a violation of this chapter.
C.
No regular license shall be issued until the Construction Official
shall have certified that he knows of no violation of any law, regulation
or ordinance applicable to mobile homes or mobile home parks. It shall
be assumed that if a request is made upon the Construction Official
and a response is not received within 10 days, no violation exists.
[Amended 6-2-1993 by Ord. No. 1993-5]
D.
A special license shall be issued when the Board of Health Officer
or Construction Official shall have certified, in writing, to the
Township Clerk that there are violations of any law, regulation or
ordinance existing within said mobile home park. The special license
shall have attached and made a part thereof a list of all violations,
including the specific area of the section in violation as certified
to by the Board of Health or Construction Official.
E.
A schedule stating the number of sites shall be submitted with the
annual application.
[Amended 3-3-1993 by Ord. No. 1993-3]
F.
After the filing of the application and prior to the Township's acting
thereon, the Construction Official shall certify in writing to the
Township Clerk the number of mobile home sites in the mobile home
park.
[Amended 3-3-1993 by Ord. No. 1993-3]
G.
The owner of a mobile home which has been issued a special license shall adhere to the license fee schedule as set forth in § 180-4, and the special license shall have the same force and effect as a regular license during the first calendar year in which it is issued.
H.
Violations attached to and made a part of a special license, as set
forth in this chapter, shall be corrected by the mobile home park
owner prior to July 1 of the year, or the owner shall submit satisfactory
evidence to the Township that corrective measures are diligently being
pursued and cannot be completed as the owner has submitted applications
for the action to and is awaiting approval from other state or regulatory
agencies.
[Amended 6-2-1993 by Ord. No. 1993-5]
I.
Upon certification, in writing, to the Township Clerk by the Construction
Official that there are violations as listed and attached to the special
license and any additional violations as found by the Construction
Official as set forth in this chapter which have not been corrected
by the mobile home park owner prior to July 1 of the year, the same
shall constitute a violation of this chapter.
B.
The annual license fee shall be for the period of one year or any
part thereof, expiring on the next license expiration date subsequent
to the date of issuance of the license.
C.
In addition to the aforementioned annual license fee, the owner of
each mobile home park shall, by the 10th of each month, pay to the
Township Clerk for that month $40 for each occupied site located within
the park.
[Amended 3-3-1993 by Ord. No. 1993-3; 6-2-1993 by Ord. No.
1993-5]
Each application for such license shall be in writing and shall
contain the following information:
B.
A written agreement to comply with all provisions and regulations
of this chapter.
C.
A description of water and sewerage facilities provided in the mobile
home park.
D.
The number of mobile home sites in the mobile home park.
[Amended 3-3-1993 by Ord. No. 1993-3; 6-2-1993 by Ord. No.
1993-5]
E.
A written agreement that the applicant will permit entry to the mobile
home park at any time during the day or night by any authorized state,
county or Township police officer or other law enforcement official
and by the Board of Health Officer, Construction Official or Zoning
Officer of the Township or any agent designated by resolution of the
Township Committee.
A.
In the mobile home park, there shall be an office established, which
may be either in a mobile home or permanent building, which shall
be the office of the person in active charge of the mobile home park.
A copy of the park license and a copy of this chapter shall be conspicuously
posted therein, and the park registry, as hereafter referred to in
this section, shall be at all times kept in the office.
B.
Park registry.
(1)
Each licensee shall maintain a park registry and each quarter submit
a copy of the same so far as it pertains to the previous calendar
quarter, including the name of each owner or tenant of each mobile
home, the serial number, body type and license number of each mobile
home, the date of arrival and whether it is still at the park and
the number of the mobile home spaces occupied. The copy shall be delivered
to the Township Clerk by the 10th day of the month following the end
of the reporting quarter.
(2)
When a mobile home park is operating under a renewal of a special license as set forth in § 180-3, the mobile home park owner or his representative shall sign an affidavit that the copy of the park registry delivered to the Clerk of the Township is a true and accurate list of the mobile home park owners and tenants residing in the mobile home park.
(3)
The mobile home park owner shall keep the registry available for
inspection by the Township officials at all times. The records shall
not be destroyed for a period of three years following the date of
registration.
[Amended 3-3-1993 by Ord. No. 1993-3; 6-2-1993 by Ord. No.
1993-5]
A mobile home park plan signed by a licensed engineer or surveyor
of the State of New Jersey shall be filed with the application, which
shall depict, as accurately as practical (which information may be
taken from an aerial photograph), the following thereon:
A.
The outbounds of the existing tract.
B.
The location of roadways and walkways.
C.
The location of lots with identifying lot numbers.
D.
The location of the infrastructure installed subsequent to the effective
date of this chapter and/or as the same becomes known or should become
known to the park owner, which shall include but not be limited to
water, sewer, electrical and lighting.
Park management shall have the right to establish for tenants
reasonable rules and regulations deemed necessary to maintain an orderly
mobile home park.
[1]
Editor's Note: Former § 180-9, Pets running at large
prohibited, was repealed 6-2-1993 by Ord. No. 1993-5.
A.
Such licensed place or premises shall at all times comply with all
proper police, health and fire regulations imposed by the Township
Committee, Board of Health and/or any other authority with jurisdiction.
B.
The mobile home park shall be subject to examination and inspection
by day or night of any authorized state, county or Township police
officer or other law enforcement official and by the Health Officer,
Construction Official and Zoning Officer of the Township or by any
agent designated by resolution of the Township Committee.
A mobile home park shall be conducted in accordance with the provisions set forth in § 170-57 of the Land Development Ordinance captioned "Mobile Home Parks." If a nonconformity exists prior to the effective date of this chapter renders compliance impossible, the operation may continue subject to such special conditions as imposed by the Township Committee.
A.
Maximum penalty. The maximum penalty, upon conviction, for a violation
of this chapter shall be a fine not exceeding $1,000 or imprisonment
for a period not exceeding 90 days, or both.
B.
Separate violation. Except as otherwise provided, each and every
day in which a violation or any provision of this chapter exists shall
constitute a separate violation.
C.
Application. The maximum penalty stated in this section is not intended
to state an appropriate penalty for each and every violation. Any
lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case or violation.
A.
Any license issued under this chapter may be revoked after at least
10 days' written notice to the licensee at the address set forth on
the initial application and after a fair and impartial hearing is
held by the Township Committee to consider any changes presented for
any violation of the terms of this chapter of any state or federal
statute or for any falsification in applying for the license.
B.
A hearing shall be held by the Township Committee after the licensee
has received at least 10 days' notice of a hearing date. The Township
Committee may extend a hearing date for just cause.
C.
The Township Committee shall render its decision on pertaining to
said revocation as a result of the hearing within 31 days from the
date of the initial hearing, said decision period may be extended
for one additional 31 days' period upon request of the Township Committee
and licensee's agreement.
D.
Likewise, any violation of any other municipal ordinance, any state
or federal statute or any falsification or misrepresentation in applying
for this license shall be deemed grounds for revocation.
