[HISTORY: Derived from Sec. 7-11 of the 1969 Revised General
Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No.
278, as amended through 9/94). Subsequent amendments
noted where applicable.]
For the purposes of this chapter, the terms listed below shall
be defined and interpreted as follows:
That part of the drainage system of a mobile home lot beginning
at the inlet of the sewer riser pipe which receives the discharge
from the drain outlet of the mobile home and terminating at the sewer
line serving the mobile park.
A parcel of land designed to accommodate a mobile home and
includes the mobile home stand and the mobile home yard.
A parcel of land which has been so designated and improved
that it contains two or more mobile home lots available to the general
public for the placement thereon of mobile homes for occupancy. Such
term shall be synonymous with "trailer park" or "trailer court."
A plot of ground within a mobile home park improved and authorized
pursuant to this chapter for the accommodation of one mobile home.
That part of the mobile home lot excluding the mobile home
stand.
That part of a mobile home lot which has been reserved exclusively
for the placement of a mobile home.
The owner or his/her designated agents being administrative
officers of the mobile home park.
A municipally owned water supply, approved by the New Jersey
State Department of Health, under the provisions of Article 1, Chapter
10 of Title 58, and Article I, Chapter 11 of Title 58 of the Revised
Statutes,[1] which is distributed to consumers through a public water
supply system.
A municipally owned system comprising structured which operating
alone or with other structures result in the derivation, conveyance
(or transmission) or distribution of water for potable or domestic
purposes to consumers in 20 or more dwellings or properties; this
definition does not include a public water treatment plant.
Garbage, combustible or noncombustible waste solids.
Any liquid waste containing animal or vegetable matter in
suspension or solution or the water carried waste resulting from the
discharge of water closets, laundry tubs, washing machines, sinks,
dishwashers or any other source of water-carried waste of human origin
or containing putrescible material.
The connector consisting of all pipes, joints, fitting and
appurtenances from the drain outlet of the mobile home to the inlet
of the building sewer.
Any person who rents or leases a mobile home lot from the
park management.
The connection consisting of all pipes, fittings and appurtenances
from the water riser to the water inlet of the distribution system
of the mobile home.
The pipe conveying water from a water main to the water riser
on a mobile home lot or to the water distributing system of a building.
[1]
Editor's Note: Repealed by L. 1977, c. 224. See N.J.S.A.
58:12A-1 et seq.
A.
Compliance. The provisions of this chapter 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 Borough 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, and Chapter 148, Public Laws of 1972 and regulations adopted pursuant thereto.
B.
Licensing. No person shall construct or operate and maintain a mobile
home park in the Borough unless such person, shall first obtain a
license for the construction and maintenance and operation thereof
from the Borough and pay the deposit fees as hereinafter provided.
No mobile home shall be installed, operated, maintained or occupied
within the Borough except upon a duly licensed mobile home park. Any
approval of plans and applications for license issued hereunder shall
be subject to automatic revocation in the event the applicant to whom
such approval is granted shall fail to commence construction of the
mobile home park for which a license is applied for within six months
from the date of the granting of such approval.
C.
Maximum size. No mobile home park shall be constructed or operated
and maintained, nor shall any license for the construction or maintenance
and operation thereof be issued except for a mobile home park to be
occupied by not more than 500 mobile homes.
D.
Number of licenses. Only one license for the construction, and the
maintenance and operation of a mobile home park shall be issued for
each 10,000 residents of the Borough as determined by the last federal
census available at the time of application for such licenses, provided
that at least one license shall be available for issuance.
E.
Duration of licenses. License or permits to maintain and operate
a mobile home park pursuant to this chapter shall be issued annually
and shall expire on the last day of each year.
F.
Approval of facilities. No work on the construction or expansion
of a mobile home park shall be undertaken unless approval of the facilities
as required by this chapter shall have been granted by the State Department
of Health and by the Borough of Spotswood.
G.
Age of occupants.
(1)
Mobile homes located therein shall be occupied and used solely by
and for individuals 48 years of age or over; married couples at least
one of whom is 48 years of age or over, two closely related persons
when both persons are 48 years of age or over, one person over 18
years of age may reside in the mobile home with an adult person or
persons as permitted above, if the presence of such person is essential
for the physical care or economic support of the adult person, person
18 years of age or older may reside with a parent or parents.
(2)
Wherein an original occupant of any mobile home is in fact, 48 years
or over and is married to an individual who is under the age of 48
and the occupant of an age of 48 or older dies, the surviving spouse
shall have the right to continue to reside in the mobile home notwithstanding
his or her failure to meet the age qualification.
A.
Organization. The mobile home park site planning and improvements
shall provide facilities and amenities appropriate to the needs of
the residents for safe, healthful and comfortable living areas. The
mobile home park site, including mobile home stands, patios, buildings
and all site improvements shall be harmoniously and efficiently organized
in relation to topography, the shape of the plot and the position
of buildings and common facilities and with full regard to use and
public safety and appearance. To the maximum extent possible consistent
with other standards contained in this chapter, all mobile home stands
and related facilities shall be clustered together in a manner that
minimizes land utilization for mobile home lots, roads, parking areas
and the like and maximizes land for open space, recreational and other
related community areas.
B.
Location. The mobile home park shall be well drained and, preferably,
not adjacent to breeding places for insects or rodents.
C.
Drainage. The ground surface in all parts of every mobile home park
shall be graded, and provision made to drain all surface water in
a safe, efficient manner.
D.
Lot layout and occupancy.
(1)
Each mobile home lot shall be clearly identified by number.
(2)
Each mobile home lot shall be adequate to accommodate the mobile
home occupying the same.
(3)
The number of occupied mobile homes permitted in a mobile home park
shall not exceed the number of mobile home lots.
(4)
Nothing contained in this regulation shall be construed as prohibiting
the maintenance of a retail mobile home sales agency in a mobile home
park or the sale of a mobile home, whether occupied or unoccupied,
which is located on a mobile home lot and connected to pertinent utilities.
However, the retail mobile home sales agency and any mobile homes
displayed as models or stored for any reason in the park shall be
located and designed in accordance with the same standards as other
mobile homes occupied by the tenants of the park, provided, first,
that there be only one retail mobile home sales agency and a maximum
of seven mobile home models displayed as otherwise stored in the park;
and, second, that the retail mobile home sales agency and mobile home
models displayed or otherwise stored in the park be located in a manner
that does not create a nuisance to the tenants of the park.
E.
Maximum mobile homes per acre. The maximum number of mobile homes
permitted per acre shall be seven.
F.
Minimum size. The minimum size for a mobile home park shall be 50
acres.
G.
Mobile home space area. The approved 367 mobile home sites shall
have a minimum size of 4,000 square feet and a minimum width of 35
feet at the setback line.
H.
Separation and setback requirements.
(1)
Each mobile home shall be located on a mobile home lot so as to comply
with the following minimum proximity limits:
(a)
Fifty feet from the right-of-way of any public street, highway,
or railroad right-of-way and 25 feet from the property line of other
adjoining property. A fifteen-foot wide landscape strip must be provided
as a buffer strip within the above-noted fifty-foot and twenty-five-foot
areas.
(b)
Fifty feet from any building or structure excepting metal or
masonry storage sheds.
(2)
At no point shall the sides of any mobile home units be closer than
20 feet from any other mobile home unit, excluding steps, awnings,
patios, decks, porches and other appurtenances, provided that the
average distance between the sides of any mobile home unit shall not
be less than 25 feet.
(3)
A distance of not less than 10 feet shall be maintained between any
mobile home unit and its appurtenances, and any other mobile home
unit and its appurtenances. This requirement shall apply to awnings,
patios, decks, steps and porches. All storage sheds, metal sheds and
other accessory-type storage structures shall be located a minimum
of five feet from any mobile home unit, private roadway, decks, porches
or awnings, and additionally be further located a minimum of five
feet from the mobile home unit, which is part of, and a minimum of
10 feet from any adjoining mobile home unit.
(a)
Storage-type accessory structures shall be constructed on a
ground-supported slab, with a positive grade away from such slab,
in accordance with the provisions and standards described in Schedule
A and entitled "Mobile Home Park Support Details," more specifically,
II B, - "Slabs for Appurtenant Equipment."[1]
[1]
Editor's Note: See 134-15 of this chapter.
(b)
There shall be a minimum ten-foot setback distance from any
mobile home and any curbline of any existing or future private roadway.
I.
Mobile home stands. Each mobile home space shall be provided with
a mobile home stand of sufficient size to accommodate the mobile home
to be constructed and/or placed thereon. Each mobile home stand shall
be of slab construction, runway construction, or pier construction.
The type and method of mobile home stand construction shall be reviewed
and approved by the Borough Engineer, prior to any work being done
on a mobile home space. Each mobile home stand shall be constructed
in accordance with the minimum design standards and specifications
described in Schedule A and entitled "Mobile Home Park Support Details"
contained herein. Prior to the siting, placement or construction of
a mobile home stand, the applicant shall submit to the Borough Engineer
a site grading plan or sketch for each court and/or plot on which
the applicant intends to build. The site grading plan for each individual
stand shall conform to an overall site drainage plan previously reviewed
and approved by the Borough Planning Board.
(1)
The applicant shall specify on the site plan or sketch which type of support detail will be utilized on each individual plot and/or individual mobile home stand in accordance with Schedule A. Upon the submission or construction and site grading plans, together with a fee, as specified in § 91-6 of Chapter 91, Fees, a site inspection shall be made by the Borough Engineer to determine if the type and method of construction proposed by an applicant is acceptable and if the proposed site grading plan is in conformance with the previously approved overall drainage plan for the mobile home park. The fee for the mobile home stand, payable to the Borough, shall be submitted in conjunction with the building permit application to help defer the costs of individual site inspections and review of construction and site grading plans by the Borough Engineer.
(2)
The Borough Engineer shall approve the suitability of the proposed
construction plan to the specific site and if the proposed site grading
is satisfactory. If and when fill is required, the Engineer shall
specify the fill required at a specific site, to conform to the overall
site drainage plan. The Engineer shall be empowered to recommend and
require an alternate stand design in accordance with Schedule A where
site conditions mandate same in his opinion.
J.
Patios and decks. Each mobile home space shall be provided with not
less than one of the following:
(1)
A ground-support patio slab or slabs not less than 10 feet in width,
having a minimum area of 150 square feet, and a combined total area
of not less than 300 square feet. Patios shall be constructed in accordance
with standards specified in Schedule A. (See IIB – "Slabs for
Appurtenant Equipment.")
(2)
A raised deck of not less than 96 square feet. A raised deck shall
be not less than four feet in width and an average width of not less
than eight feet.
(a)
Raised decks shall be constructed in accordance with Borough-accepted
framing standards.
(b)
Vertical members will be set on a concrete slab in accordance
with Schedule A — "Standards for Appurtenant Equipment."
(c)
An expansion joint shall be provided between the mobile home
support slab and the slab under the raised deck.
(d)
Vertical support members shall be tied to slab in a manner acceptable
to the Borough Engineer.
(e)
The developer may utilize pier or runway-type construction,
similar to type cited in Schedule A under the raised deck, provided
that a separate detail is furnished to and approved by the Borough
Engineer.
K.
Embankments. There shall be no embankments steeper than three horizontal
on one vertical. Concrete retaining walls shall be installed where
the criteria cannot be met. When the slope of an embankment is steeper
than three on one, but less than one on one, there shall be a two-foot
horizontal shelf constructed at every one-foot rise in vertical elevation.
L.
Road layout and road width. Streets shall be provided on the site
where necessary to furnish principal trafficways for convenient access
to the mobile home stands and other important facilities on the streets.
The streets shall be retained as private streets on the property.
All roads in the mobile home park shall be designed with some gentle
curves so as not to be monotonous to drivers and shall be continuous,
except at closed ends of dead-end streets shall be no more than 600
feet in length and be provided with a vehicular turning space of at
least 40 feet in radius. All dead-end streets shall be 25 feet in
bed width, and all other streets shall be at least 36 feet in bed
width and have an unobstructed, convenient and safe access to the
public street or highway. The minimum grade shall be 1% or 0.5% if
curbs are installed.
M.
Road and parking area construction.
N.
Parking.
(1)
Car space shall be provided without interference of normal movement
of all traffic of at least two car parking spaces for each mobile
home plus an additional car parking space for each four mobile homes.
Parking spaces shall be provided either in convenient parking bays
or such mobile home space, or along one side of any street that has
a minimum width of at least 30 feet.
(2)
Two off-street parking stalls shall be provided for each mobile home
stand. Each parking stall shall have a minimum width of eight feet
and a minimum depth of 18 feet and shall contain not less than 180
square feet each. In the event that two parallel parking stalls are
grouped together, a minimum width of 12 feet shall apply at the point
of contact with any private or public street or sidewalk, it is recommended
that spaces be as near as possible to:
O.
Sidewalks. In locations where common facilities are concentrated,
including open spaces and recreation areas, as well as in front of
or to the rear of each mobile home lot, common continuous walkways
of at least four feet in width shall be provided. Individual walkways
to each mobile home stand shall be a minimum of 36 inches in width.
In all cases they shall be of durable concrete construction. Bituminous
concrete or suitable soil stabilization treatment, subject to the
approval of the Borough Engineer, may be used at the rear of the mobile
home.
P.
Lighting. Public areas of a mobile home park shall be lighted so
as to permit safe movement of vehicles and pedestrians at night. The
following minimum levels of illumination shall be provided:
Q.
Additions. Additions shall conform to the following:
(1)
Skirting shall be provided on all mobile homes so that no part of
the undercarriage is seen. If skirting rests on pervious material
for partial support, such pervious material will be of a character
and nature to be well drained and resist frost action. Porches, awnings,
storage sheds or other additions shall be installed only if permitted
and approved by the park management.
(2)
Storage sheds shall be of metal or masonry construction.
(3)
When additions are installed, they shall be of durable materials,
shall be in harmony with the surroundings and shall be maintained
in good repair. Additions shall be constructed and installed so as
to facilitate underneath inspection of the mobile home and in such
manner as does not constitute a harborage for rodents.
(4)
Entrance steps or ramps shall be of a type approved by the park management.
(5)
No storage shed, porch or other addition, excluding awnings covering
porches or patios, shall be built or installed if the area used for
such additions added to the area used for the mobile home and patio
total more than 2/3 of the gross lot area.
R.
Subfloor storage. Gasoline and similar flammable liquids shall not
be stored underneath a mobile home, except in UL-approved fuel storage
tanks. Other types of storage underneath a mobile home shall be permitted
only if approved by the park management. If approved, the following
conditions shall be satisfied:
S.
Recreation areas. A recreation area shall be provided for each mobile
home park of a minimum size of 10% of the total licensed area. No
more than 30% of the land set aside for recreation shall be permanently
covered by streams or other water formations. The recreation area
shall be centrally located and conveniently distributed in relation
to the mobile home residences, provided that there be at least one
recreation area of a minimum of 30,000 square feet. Convenience and
recreation facilities may be provided for the exclusive use of the
tenants. Such facilities shall include a recreation hall and meeting
room, a laundromat and related facilities.
T.
Buffer strips and common areas. A buffer strip shall be maintained
along the front lines of the mobile home park fronting on any public
road or street. Such buffer strip shall be at least 50 feet in width.
U.
Landscaping and natural site protection. Landscaping to be provided
in the park shall be shown on the site plan. Wooded areas shall be
preserved wherever possible without causing interference with the
general plans, specifications and other requirements pertaining to
the site. No mobile home or any addition or other structure shall
be constructed or installed within 40 feet of streams, rivers or lakes.
V.
Limitations on signs. No sign intended to be read from any public
way adjoining the district shall be permitted except:
(1)
Not to exceed one identification sign not more than eight square
feet in area for each principal entrance.
(2)
Not to exceed one sign advertising property for sale, lease, or rent
or, in the case of mobile home parks indicating "Vacancy" or "No Vacancy,"
provided that not more than one such sign, not exceeding four square
feet in area, may be erected at each principal entrance. In the case
of new mobile home subdivisions or condominiums, one sign not exceeding
18 square feet in area may be erected for a period not to exceed two
years at each principal entrance to advertise the sale of lots or
dwellings. No source of illumination for any such signs shall be directly
visible from adjoining streets or residential property, and no such
signs shall be erected within five feet of any exterior property line.
A.
General. An adequate supply of potable water, complying with the
potable water standards established by the State Department of Health
of the State of New Jersey, shall be provided in each mobile home
park. The water shall be obtained from the public potable water supply
provided by the Borough.
B.
Water distribution. A water distribution system shall be provided
to transmit the potable water supply throughout the mobile home park.
The supply shall be made available to each mobile home lot, building
or other facility requiring water via a separate water service pipe,
at a minimum pressure of 40 pounds per square inch.
C.
Individual water. Risers and connections:
(1)
An individual water riser shall be located within the confined area
of each mobile home lot at a point where the water connection will
approximate a vertical position. The riser outlet shall be designed
so that a watertight connection can be made between the outlet and
the mobile home piping system.
(2)
The water riser shall extend at least four inches above the ground
elevation. The outlet shall be plugged or capped when not in use.
(3)
Adequate provisions shall be made to prevent freezing of risers,
valves, and water service pipes and to protect risers from heaving
and thawing actions of ground during freezing weather. Surface drainage
shall be diverted from the location of the riser.
(4)
Each riser shall be provided with a shutoff valve conveniently available
to the tenant in the event of an emergency.
D.
Storage.
(1)
The water supply system of a mobile home park shall be provided with
storage unless the supply is derived from a public potable water supply.
(2)
The location, size, type, and elevation of the storage facility or facilities shall be such as to meet the distribution pressure requirements as established in Subsection B above.
(3)
Potable water shall be stored only in impervious tanks protected
against surface drainage. All tanks shall be provided with watertight
covers, and any overflow for ventilation openings shall be covered
with metallic screen of not less than 16 mesh to prevent the entrance
of insects and vermin. No storage tank shall have a drainage connection
direct to a sewer.
E.
Physical connections. No physical connection shall be made between
an approved public potable water supply and an unapproved water supply.
F.
Drinking fountains. Drinking fountains, if provided, shall be constructed
of impervious material and have an angle jet with the nozzle above
the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing
guard. The bowl shall be of easily cleanable design, without corners
and the bowl opening equipped with a strainer.
A.
General. Adequate facilities for the collection and disposal of sanitary
sewage shall be provided at every mobile home park.
B.
Building sewer outlet and connections.
(1)
Each mobile home lot shall be provided with a building sewer. The
building sewer shall be at least four inches in diameter and shall
be equipped with a riser of the same diameter terminating sufficiently
aboveground at not less than a forty-five-degree angle, to permit
adequate connection from the mobile home. A trap or vent shall not
be installed on the building sewer.
(2)
The riser shall be firmly imbedded in the ground and be protected
against heaving, shifting, and surface water. When it is not in use,
the riser shall be capped or plugged so as to render it watertight.
(3)
The sewer connection shall be provided with suitable fittings to
effect watertight junctions. The connections shall be self-draining
and shall be effected by durable, noncollapsible, corrosion and weather
resistant, semirigid or rigid pipe. Such pipe shall be plastic, copper
or iron of suitable diameter (at least three inches) to fit the drain
outlet of the mobile home and the riser.
(4)
The park management shall maintain several spare connectors and appropriate
fittings, in good repair, to be used when privately owned connectors
do not meet the requirements of this regulation.
C.
Sewer line and appurtenances. Sewer lines and appurtenances in a
mobile home park shall be laid in accordance with the following requirements:
(1)
Minimum size: six inches (except building sewer).
(2)
Grade:
|
Pipe Size
(inches)
|
Minimum Grade
| |
|---|---|---|
|
6
|
0.65%
| |
|
8
|
0.40%
| |
|
10
|
0.29%
| |
|
12
|
0.22%
|
(3)
Construction. All sewer line joints, sewer connections and manholes
shall be watertight.
(4)
Manholes. Manholes shall be provided at the upper end of each sewer
line; at intersections; at changes in grade, size or alignment; and
at intervals of not more than 400 feet.
(5)
Protection of water supplies.
(a)
Water mains and sewers generally shall be separated by a horizontal
distance of 10 feet. If such lateral separation is not possible, the
water and sewer pipes shall be in separate trenches, with the sewer
at least 18 inches below the bottom of the water main; or with such
other separation as is approved by the New Jersey State Department
of Health. At crossings of sewers and water mains, the sewer shall,
in general, be at least 18 inches below the bottom of the water main.
(b)
Where the requirements of Subsection C(5)(a) cannot be met, the sewer shall be constructed of cast-iron pipe with mechanical or slip-on joints, or hot-poured lead joints, for a distance of at least 10 feet on either side of the crossing; or other suitable protection, as approved by the New Jersey State Department of Health shall be provided.
(c)
Any sewer which is within 100 feet of a well shall be of steel,
reinforced concrete, cast iron or other suitable material; shall be
properly protected; of completely watertight construction; and shall
be tested for watertightness after installation.
D.
Approval of sewerage facilities.
(1)
The plans for the proposed sewerage facilities of a mobile home park,
including sewer and appurtenances and sewage treatment and disposal
facilities shall be approved by the State Department of Health prior
to installation of the facilities.
(2)
Where sewage disposal is to be effected by subsurface means, the
facilities shall be designed and constructed in accordance with the
requirements of "Standards for the Construction of Sewerage Facilities
for Realty Improvements" promulgated by the State Commissioner of
Health.
(3)
Where sewage disposal is to be effected by means of a wastewater
treatment plant discharging a treated effluent into the waters of
this state, such wastewater treatment plant shall be designed and
constructed in accordance with the "Rules and Regulations for the
Preparation and Submission of Plans for Sewer Systems and Wastewater
Treatment Plants" established by the New Jersey State Department of
Health.
(4)
Subsurface sewage disposal systems, or a wastewater treatment plant
to serve the mobile home park shall not be approved where a sanitary
sewer is available within 100 feet of the boundary of the mobile home
park.
E.
Storm drainage. Sanitary sewers shall be separate and apart from
any stormwater drainage system. All streets shall be provided with
sufficient catch basins, storm sewers, culverts, and other drainage
appurtenances for the proper drainage of the area in the light of
existing and future conditions with final disposition to an existing
natural watercourse of adequate capacity for the purpose. Storm drains
shall be constructed of reinforced concrete pipes conforming to the
requirements of the "Standard Specifications for Reinforced Culvert
Pipes A.S.T.M. Designations C-76" of the year of last revision. Storm
drainage features shall be based on a ten-year frequency curve, and
such drainage facilities shall in all respects be subject to approval
of the Borough Engineer.
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.
B.
Refuse containers. All refuse shall be stored in durable, flytight,
watertight and rodentproof containers.
C.
Container location. Containers shall be located either at each mobile
home lot or at one or more centralized locations within the mobile
home park.
D.
Storage capacity. At least 1.5 gallons of refuse storage capacity
per capita per day shall be provided.
E.
Facilities for container location. Each mobile home lot or each centralized
location for refuse containers shall be provided with one of the following
at the option of the park management:
(1)
A slab of impervious material large enough to accommodate the number
of containers provided.
(2)
A rack or holder of a type approved by the park management providing
at least six inches of clear space beneath, or a cart providing at
least four inches of clear space beneath.
(3)
A properly protected container in an underground storage installation.
F.
Collection. Refuse shall be collected at least twice weekly.
G.
Refuse disposal. Refuse disposal shall be effected in accordance
with the provisions of Chapter VIII of the State Sanitary Code and
the ordinances and regulations of the Borough of Spotswood Board of
Health.
A.
Insects.
(1)
Mobile home parks and mobile home lots shall be kept free from articles
which may hold water and provide temporary breeding places for mosquitoes.
Permanent mosquito control measures such as draining and filling depressions
in which water may collect shall be taken by the park management together
with such supplemental larvicidal measures as need indicates.
(2)
Fly breeding shall be controlled by eliminating the unsanitary practices
which provide breeding places. Refuse containers shall be repaired
or replaced when so damaged that they leak or their lids do not fit
in a flytight manner. The area surrounding the refuse container shall
not be permitted to become littered with garbage nor saturated with
waste liquid from garbage. All containers shall be maintained in a
clean and sanitary condition.
(3)
Insecticidal measures shall be applied if necessary.
A.
Power. Every mobile home park shall be equipped with electric power.
All wiring shall be underground.
B.
Approval. Electrical systems and equipment installed in mobile home
parks shall be approved by the Underwriters, or other recognized agency
having jurisdiction.
C.
Protection. All metal parts of a mobile home shall be adequately
grounded.
A.
Storage and handling of fuel, oil and flammable liquids. The handling
and storage of gasoline, fuel, oil or other flammable liquids shall
be in compliance with the pertinent standards of the National Board
of Fire Underwriters (Pamphlet No. 30).
B.
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 of the New Jersey State Department
of Law and Public Safety, Division of State Police.
C.
Racks. Fuel oil racks shall be on noncombustible material.
A.
Extinguisher. There shall be provided in each mobile home a fire
extinguisher rated for Classes B and C fires as a minimum. Each extinguisher
shall have a capacity of not less than 2 1/2 pounds and shall
be maintained in operable condition.
B.
Location. Each extinguisher shall be located so as to be conveniently
and readily accessible for use by occupants of the mobile home.
A.
Procedure for obtaining licenses. Licenses for the construction and
maintenance and operation of a mobile home park in accordance with
the application and related documents and as required by this chapter
shall be issued upon proper application by the Mayor and Council of
the Borough, after consultation by the municipal agencies hereinafter
stated and public hearing. If it shall appear that the proposed mobile
home park conforms to this chapter and the design standards herein
set forth upon payment of the fees herein required. Application for
a license to construct or operate and maintain a trailer court shall
be made by the filing of four copies of a written application signed
by the person, seeking a license to construct or maintain and operate
a mobile home park, which shall contain the following information
and be accompanied with the following statements, data and maps:
(1)
Duplicate copies of all applications filed by the park management
with the New Jersey State Department of Health in conformity with
the provisions of Chapter IX, Mobile Home Park, of the New Jersey
State Sanitary Code,[1] as well as copies of all plans and specifications accompanying
such applications, together with certified copies of all approvals
and permits issued by the Department evidencing satisfactory compliance
with the requirements of the chapter.
[1]
Editor's Note: See N.J.A.C. 5:23-4B.1 et seq.
(2)
The application shall contain the information required by the registry provided by § 134-13A hereof as the same shall exist at the time of making application and shall state whether the applicant is the owner of the premises for which a license is sought, and, if not, the name of the owner and the interest of the person making the application in the property, whether as purchaser under contract, lessee, or otherwise. In the event the applicant is not the owner of the premises for which the license is sought there shall be deposited with the Clerk of the Borough in addition to the fees otherwise required, the sum of $1,000 to be held by the Clerk to insure compliance with the terms of this chapter which deposit fee shall be returned to the licensee upon expiration of the permit less such sums as may be found to be due to the Borough under the terms of § 134-13B of this chapter.
(3)
If the documents submitted to the State Department of Health aforementioned
do not set forth the data and details required by the more restrictive
provisions of this chapter, additional plans and specifications showing
the same shall be required. Such data shall include plans and specifications
prepared by a professional engineer licensed to practice in New Jersey
bearing his seal and signature with respect to compliance with § 134-31
and M, and with respect to all proposed grading and drainage plans
for the site. The drainage and grading plans and specifications shall
include profiles, sizes and grades of all storm sewers designed in
accordance with acceptable standards. Profiles and grades of all roads
shall be shown. Cross sections of all retaining walls or embankments
with a proposed grade steeper than three horizontal to one vertical
shall be shown and its relationship to proposed mobile homes. When
the embankments or retaining walls are constructed, the embankments
shall be sodded or seeded, and as-built cross sections shall be submitted
by a professional engineer certifying that the mobile homes and embankment
or retaining walls have been constructed in accordance with the proposed
plans.
B.
Renewal licenses. Licenses for the renewal of mobile home parks licenses
previously issued to an applicant shall be issued upon consultation
by the municipal agencies required in the case of original applications
and public hearing, if it shall appear that the proposed mobile home
park conforms to this chapter and the design standards herein set
forth, upon payment of the fees herein required. Application for a
renewal license shall be made by the filing of four copies of a written
application signed by the person, firm, or corporation seeking a renewal
license, which shall contain the following information and be accompanied
by the following statements, data, and maps:
(1)
The application shall set forth any change in ownership or interest
in the property by the person making the application.
(2)
The application shall set forth any changes in the mobile home park
with respect to matters set forth in the last application and shall
contain all data required with respect to an original application
concerning any changes unless such changes have been previously approved.
C.
Hearing upon applications. Upon filing of the application as above
required, which shall be open to public inspection, the Borough Council
shall distribute copies of the same to the Planning Board, Board of
Health and Borough Attorney for study, consultation, comment and recommendations
and shall, within 30 days of the filing of the application hold a
public hearing upon not less than 10 days notice to the applicant,
notice of which public hearing shall be published in a newspaper published
and circulated in Middlesex County, at least one-week prior thereto,
whereat all persons shall be given an opportunity to state their views
as to the proposed mobile home park. After public hearing, the Borough
Council shall within 30 days by resolution approve or reject the application,
and if approved, shall issue a license for the construction or operation
and maintenance of the mobile home park. If the application is rejected,
a copy of the resolution rejecting the application and containing
the reasons for rejection shall be forthwith mailed to the applicant,
who, within 30 days of the rejection of the application may amend
his application or seek a rehearing on the application. A rehearing
upon an amended application shall proceed as upon any original application,
except that the same may be limited, in the discretion of the Borough
Council, to considerations of the amended portions thereof only. In
the event that application is made for construction as well as maintenance
and operation of a mobile home park, the Borough Council may, in its
discretion, withhold issuance of the license, pending completion of
construction in accordance with the terms of the application and this
chapter.
D.
Approval to operate. Mobile home parks shall not be operated by any
person until the Borough Council has given formal approval therefor
by issuance of an appropriate license or permit. This license or permit
shall be displayed in a conspicuous place on the premises where it
can easily be observed. No person shall operate a mobile home park
whose license therefor is suspended.
E.
Temporary permits. The Borough Council may issue temporary permits
for the operation of mobile home parks, whenever in the judgment of
the Council the temporary permits are necessary and proper pending
formal and final action upon any application, which such permits may
be issued for such period upon such terms as the Council may deem
appropriate.
F.
Suspension of license or permit to operate. The license or permit
of any person to operate a mobile home park may be suspended at any
time for good cause by the Borough Council upon three days' notice
in writing after due hearing. The person whose license or permit has
been suspended or his representative in charge of the mobile home
park shall, at the time of such license suspension, be informed why
the license or permit to operate the mobile home park is suspended,
the reason for such action and the remedial action to be taken before
the suspension may be lifted. Application for reinstatement of such
license may be made any time thereafter and may be granted upon satisfactory
proof of remedial action.
G.
Inspection. Mobile home park buildings and premises shall be subject
to inspection by the Borough Council or its duly authorized representatives.
A.
Applications for approval. Applications for approval of plans and
specifications for modifications, alterations, extension or expansion
of a licensed mobile home park shall be made to the Borough Council
before work is commenced thereon, and no such facility shall be put
in use without the approval of the Borough.
B.
Procedure. Duplicate copies of all applications filed by the park
management with the State Department of Health for permission to make
such alterations as well as copies of all plans and specifications
accompanying the applications and certified copies of all approvals
and permits issued by the Department shall be filed with the application.
If the documents submitted to the Department do not set forth data
and details required by the more restrictive provisions of this chapter,
additional plans and specifications showing the same shall be submitted.
If the Borough Council finds that such applications meet the requirements
of this chapter, it shall issue an approval for the work upon such
reasonable terms and conditions as it shall deem appropriate, including
inspection and approval by the Borough Engineer. No new mobile home
spaces shall be put in use until its construction has received final
approval.
A.
Register. Every person holding a license for the operation of a mobile
home park shall keep and maintain, or cause to be kept and maintained,
a register in which shall be inscribed the true name and address of
each and every person parking a mobile home at such mobile home park
or leasing a mobile home or mobile home space at such park; the serial
number of the mobile home, the date of arrival, date of departure,
the age, name and last permanent address of the owner of the mobile
home occupant thereof; and the numbered space in the mobile home park
occupied by the mobile home. The register shall be at all times open
for inspection by a member of the Police Department of the Borough
or by the Sanitary Inspector of the Board of Health.
B.
License and registration fees. Every person obtaining a license as hereinabove provided shall pay to the Borough an annual license fee as set forth in § 91-6 of Chapter 91, Fee, for each mobile home park and a fee which is to be established yearly in accordance with the formula set forth herein per calendar week for each mobile home registered in the mobile home park during the week. A calendar week is hereby defined as a week commencing at 12:01 a.m. on Sunday and ending at 11:59 p.m. on the following Saturday. The following formula is to be computed yearly by the administration of the Borough to determine the per-week fee for each mobile home located within the Borough:
(1)
Subtract from the total amount of the municipal budget 50% of the
Borough's municipal debt service and all Borough expenditures
which do not benefit mobile home parks. (NOTE: Expenditures include,
but are not limited to, streets and roads, sanitation, snow removal,
streetlighting, Somerdale drainage, minor drainage, sidewalk improvements
and assessment budget and are subject to change yearly at the discretion
of the Mayor.)
(2)
The total of the municipal budget, minus 50% of the Borough's
debt service and expenditures as defined above, is then multiplied
by the percent of the Borough's revenue received from real property
taxes divided by the total population of the community times the total
population of mobile home parks.
(3)
Subtract from the amount obtained by Step (2) the real property taxes
paid by mobile home parks.
(4)
The total obtained by Step (3) is then divided by the total of all
units in mobile home parks which is to be determined yearly.
C.
Quarterly reports. Every person holding a license for the operation of a mobile home park shall pay the fee provided for in Subsection B above monthly on or before the 10th day of the next succeeding month and, if not paid at the end of the 10th day, the payment then due shall become delinquent and shall be subject to a penalty equal to 10% of the amount of the delinquent payment. Such payment shall be accompanied by a monthly report form signed and sworn to by the licensee or by his or its duly authorized agent. Copies of the quarterly report form shall be made available by the Borough Clerk and shall contain the following information:
(1)
Name and address of licensee and address of mobile home park.
(2)
Month for which the report is made.
(3)
Total number of mobile homes registered at the court in the month
with dates of arrival and departure and the number of spaces occupied
by the mobile homes.
(4)
Such other information as the Borough Council may from time to time
require. The monthly report shall be filed with the Borough Clerk,
and the fees accompanying same shall be paid into the general treasury
of the Borough.
D.
Purpose of fees. The license fees herein imposed are imposed partly
to cover the costs of regulation as herein provided and partly for
the purpose of raising revenue.
E.
Information for Borough Clerk. Every person holding a license for
the operation of a mobile home park shall file with the Borough Clerk
not later than January 1 of each year a report setting forth the following:
(1)
The name, business and residence addresses and telephone numbers
of the holder of the license or, if the holder thereof is a corporation,
the name, business and residence addresses and telephone numbers of
the officers of the corporation and of the principal of the mobile
home park.
(2)
The name, business and residence addresses and telephone numbers
of the person in charge of the supervision and operation of the water
system.
(3)
The name, business and residence addresses and telephone numbers
of the person in charge of the supervision and operation of the sewerage
system.
(4)
The name, business and residence addresses and telephone numbers
of the person in charge of the maintenance of the roads and streets
in the mobile home park. In the event that there is any change in
the identity of any of the person aforementioned, notice of such change
shall be filed with the Borough Clerk within 48 hours from the date
of such change.
F.
Notices to maintain facilities and road. The holder of the license
shall cause all facilities to be maintained in good operating order
and shall cause all roads and streets within the mobile home park
to be plowed and sanded when conditions so require. Failure to comply
with such requirements within 24 hours after notice by the Borough
to the holders of the license or to the person specified above with
respect to any maintenance or repairs within the jurisdiction of such
persons shall constitute a violation of this chapter.
G.
Accessibility to mobile home parks. All roads and streets within
a mobile home park shall be accessible to all residents of the mobile
home park, their guests, invitees and licensees and municipal agencies
of the Borough of Spotswood.
A.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $1,250
for each offense and/or imprisonment for a term not exceeding 90 days
and/or a period of community service not exceeding 90 days. In addition,
a violation of any provision of this chapter shall be punishable by
a fine not to exceed $2,000 if the person violating this chapter has
been afforded a thirty-day period to cure or abate the condition for
which the violation has been cited and been afforded an opportunity
for a hearing for an independent determination concerning said violation
if, upon said determination or reinspection of the premises in question,
it is determined that the abatement has not been substantially completed.
[Amended 2-6-2006 by Ord. No. 2006-02]
B.
In the event of such conviction, the license for such licensee may
be revoked, and no new license for the operation and maintenance of
the mobile home park shall be issued for two months.
C.
Each day a particular violation continues shall constitute a separate
offense.
