[HISTORY: Adopted by the Township Committee of the Township of Freehold 9-13-1971 (§ 7-8 of the Revised General Ordinances), as amended through Ord. No. O-83-351; amended in its entirety 12-22-2009 by Ord. No. O-09-36. Subsequent amendments noted where applicable.
Whenever used in this chapter unless a different meaning appears from the context, the terminology of the following definitions shall control:
- MANUFACTURED/MOBILE HOME
- A unit of housing which:
- A. Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
- B. Is built on a permanent chassis;
- C. Is designed to be used, when connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
- D. Is manufactured in accordance with the standards promulgated for a manufactured home by the secretary pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," Public Law 93-383 (42 U.S.C. § 5401 et seq.) and the standards promulgated for a manufactured or mobile home by the Commissioner of the New Jersey Department of Community Affairs pursuant to the “State Uniform Construction Code Act," P.L.1975, c. 217 (N.J.S.A. 52:27D-119 et seq.);
- E. Under no circumstances shall a mobile/manufactured home as used in this chapter be construed to include any motor vehicle with sleeping or living quarters which has any of the controls or appurtenances of propulsion contained within it.
- MANUFACTURED/MOBILE HOME LOT OR PAD
- A parcel of land designed to accommodate a manufactured/mobile home and which includes a manufactured/mobile home stand and a mobile home yard. It shall be measured using a plot width which shall be the perpendicular distance between side plot lines, and a plot depth which shall be the actual distance between the side plot lines and need not be perpendicular to the street.
- MANUFACTURED/MOBILE HOME STAND OR PAD
- That part of a manufactured/mobile home lot or pad which has been reserved exclusively for the placement of a manufactured/mobile home.
- MANUFACTURED/MOBILE HOME YARD OR PAD COMMON AREA
- That part of a manufactured/mobile home lot or common area excluding the manufactured/mobile home stand or pad surrounding an individual stand or pad with applicable setbacks as required by this chapter.
- MANUFACTURED/MOBILE HOME PARK
- Any plot or parcel of land containing two or more manufactured/mobile home lots or manufactured/mobile homes and which shall include all buildings used or intended for use as part of the equipment thereof. Manufactured/mobile homes located therein shall be occupied and used solely by and for individuals 52 years of age or over; married couples at least one of whom is 52 years of age or over; two closely related persons when both persons are 52 years of age or over; one person over 18 years of age may reside in the manufactured/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; children 18 years of age or older may reside with a parent or parents.
- PARK MANAGEMENT
- The owner of a manufactured/mobile home park or his designated agents being administrative officers of the manufactured/mobile home park.
- RECREATION BUILDING
- A building used by the park residents for recreational purposes and other general purposes common to all residents.
- Garbage, rubbish and trade waste, combustible or noncombustible waste solids.
- Any person who rents or leases a manufactured/mobile home lot or pad from the park management.
Compliance. The provisions of this chapter comprise the minimum standards with which all manufactured/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 N.J.A.C. 5.23-3.19.
Licensing. No person shall construct or operate and maintain a manufactured/mobile home park in the Township unless such person shall first obtain a license for the construction and maintenance and operation thereof from the Township and pay the fees as hereinafter provided. No manufactured/mobile homes shall be installed, operated, maintained or occupied within the Township except upon and within a duly licensed manufactured/mobile home park. All manufactured/mobile home park licenses shall comply with the provisions of § 213-1, definition of "manufactured/mobile home park," as vacancies occur in the park. Any approval of plans and applications for license issued hereunder shall be subject to automatic revocation in the event the applicant to whom the approval is granted shall fail to commence construction of the manufactured/mobile home park for which a license is applied for within six months from the date of the granting of the approval.
Location of park. Manufactured/mobile home parks shall be permitted solely and exclusively in those zones and locations for which a license has been granted or renewed; the license shall be issued or refused issuance on the basis of the criteria of this chapter and the general welfare. No manufactured/mobile home park shall be located within 5,280 feet or one mile of any boundary of any other manufactured/mobile home park. Nothing in this subsection shall be construed to prohibit manufactured/mobile home licenses in existence prior to September 13, 1971, and newly issued licenses from being held under common ownership which may cause the tracts of land under those licenses to abut.
Number of licenses. Only one license for the construction and maintenance and operation of a manufactured/mobile home park shall be issued for each 35,000 residents of the Township as determined by the last federal census available at the time of application for such licenses. This provision shall not affect licenses already in existence and having been issued. There shall be no more than 400 manufactured/mobile home lots or pads in any manufactured/mobile home park per license; and no more than 100 manufactured/mobile home lots or pads shall be permitted during the first year of operation thereof and no more than 100 additional lots or pads shall be installed in any manufactured/mobile home park in any one year thereafter.
Duration of licenses. Licenses or permits to maintain and operate a manufactured/mobile home park pursuant to this chapter shall be issued annually and shall expire on December 31 of each year.
Organization. The manufactured/mobile home parks site planning and improvements shall provide facilities appropriate to the needs of the residents for safe, healthful and comfortable living areas. The manufactured/mobile home parks site including manufactured/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 the use and public safety and appearance.
Lot or pad layout and occupancy. Each manufactured/mobile home lot or pad shall be clearly identified by number. Each manufactured/mobile home shall be adequate to accommodate the manufactured/mobile home occupying the same. The number of manufactured/mobile homes permitted in a manufactured/mobile home park shall not exceed the number of manufactured/mobile home lots. Nothing contained in these regulations shall be construed as prohibiting the maintenance of a retail manufactured/mobile home sales agency within a manufactured/mobile home park or the sale of a manufactured/mobile home whether occupied or unoccupied which is located on a manufactured/mobile home lot or pad and connected to pertinent utilities.
Manufactured/mobile homes per acre. The maximum number of manufactured/mobile homes permitted per acre shall be four.
Minimum size. The minimum size for a manufactured/mobile home park shall be 55 acres, which shall also be the minimum size of any additions to an existing manufactured/mobile home park.
Manufactured/mobile home lot or pad area. All manufactured/mobile home lots or pads shall have a minimum of 6,000 square feet with a minimum width of 60 feet and a minimum depth of 100 feet. There shall be a separation of at least 25 feet between each manufactured/mobile home in a manufactured/mobile home park and every other manufactured/mobile home in the manufactured/mobile home park. No manufactured/mobile homes shall be closer than 25 feet from the adjoining pad or property line or building structure or and 20 feet from the curbline of any private street or 35 feet from the center line of a street that does not have a curbline and 100 feet from the right-of-way line of any public street.
Roads, sidewalks and drains. Streets shall be provided on the site where necessary to furnish principal traffic ways for convenient access to manufactured/mobile home stands and other important facilities on the streets. The streets shall be retained as private streets on the property and shall be a minimum paved width of 30 feet in width from curb to curb. No manufactured/mobile home shall be occupied prior to the completion of the access streets thereto and that portion of the street sufficient to cover the frontage of the manufactured/mobile home lot. The park management shall maintain the streets in the manufactured/mobile home park in order to provide a safe and adequate means of transportation throughout the manufactured/mobile home park for its inhabitants and their guests. Street repairs, sweeping and snowplowing, as needed from time to time, shall be provided by the park management. All roads in the manufactured/mobile home park shall be continuous except that closed ends of dead-end streets shall be provided with vehicular turning space as provided for in Chapter 190, Land Use. All roads, sidewalks and storm sewer drains shall be installed to comply with the provisions of the Chapter 190, Land Use, except that access roads which lead to a public highway or street shall be at least 40 feet wide from curb to curb. A concrete sidewalk of standard type construction shall be constructed along both sides of each roadway or street in the manufactured/mobile home park, and the sidewalks shall also be constructed from the roadway into the manufactured/mobile home park space lot or pad so as to provide access thereto. The sidewalks shall be a minimum of four feet in width and conform to the requirement of the Americans with Disabilities Act design standards.
Parking. There shall be no parking permitted on any of the interior streets of the manufactured/mobile home park. At least two car parking spaces for each manufactured/mobile home shall be provided. Parking spaces shall be provided either in convenient bays or other area upon the manufactured/mobile home lot or pad.
Recreation facilities. A recreation area shall be provided for each manufactured/mobile home park in the amount of 15% of the full area held under each license. Such space shall be in usable condition for active recreation which may include but not necessarily be limited to basketball, swimming, tennis and handball and which shall be free of traffic hazards. A minimum of 1,400 square feet of recreation space in a building in a manufactured/mobile home park shall be provided exclusive of rest rooms and storage facilities. Prior to approving any manufactured/mobile home park, the Township Committee shall receive a report on the adequacy of the indoor and outdoor recreation facilities from the Township Recreation Commission.
Streetlights. Streetlights shall be installed at every intersection and for every 300 feet along interior streets. The lights shall be of the mercury vapor lamp type and shall be illuminated from 1/2 hour after sunset until 1/2 hour before sunrise. The applicant shall have the option under this chapter of illuminating the manufactured/mobile home park with gas or electric lamps in a colonial style. If the option is exercised, however, the gas lamps shall be installed at every intersection and at intervals of 60 feet along both sides of all interior streets.
Buffer strips. A buffer strip shall be maintained along all exterior property lines of the manufactured/mobile home park whether they be front lines, side lines or rear lines. Such buffer strips shall be at least 50 feet in width and shall be screened when necessary, according to the provisions of Chapter 190, Land Use.
Service areas. Closed storage areas and areas where trash and garbage are stored shall be screened with a six-foot-high heavy timber or masonry enclosure.
Subfloor storage. No gasoline and such similar flammable liquids or other types of storage shall be stored underneath a manufactured/mobile home.
Patios. Patios shall not extend more than 10 feet from the permitted pad site and a minimum of 15 feet from the permitted side line of the common area surrounding the manufactured/mobile home site.
Conformance with state and federal standards. All manufactured/mobile homes shall conform with the New Jersey Manufactured Home Subcode, N.J.A.C. 5:23-3.19, and with the Federal Manufactured Home Construction and Safety Standards, as set forth in Part 3280 of Title 24 of the Code of Federal Regulations, including all subsequent revisions and amendments thereto, which may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20420.
State standards. All manufactured/mobile home parks located within the Township shall conform to the State Sanitary Code and N.J.A.C. 5:23-3.19 requirements except when Chapter 190, Land Use, or this chapter have requirements exceeding those requirements, in which event Chapter 190 or this chapter shall have preeminence.
Water and sewer. The licensee shall be required to provide a central source of water and treatment of sewage, and all manufactured/mobile homes shall be connected thereto. The foregoing utilities shall be approved by the State Department of Health in accordance with the statutes made and provided. The licensee shall be required to connect with the nearest water utility and to pay the cost of such connection. If the nearest water utility should be the Township, the licensee shall pay a bulk rate for service with a minimum of one meter per license. The licensee agrees that at such times as a central sewage treatment plant is available from the Township that connection shall be made thereto.
Fees. The annual license fee based upon anticipated expenses to be incurred by the Township in providing services to the park for each manufactured/mobile home park with not more than 50 manufactured/mobile home lots or pads shall be as provided in Chapter 150, Fees. For each manufactured/mobile home park exceeding 50 manufactured/mobile home lots or pads, the license fee shall be as provided in Chapter 150, Fees, plus an additional sum per month for each manufactured/mobile home registered in the manufactured/mobile home park during such month in excess of 50 lots or pads. A calendar month is hereby defined as any continuous thirty-day period of occupancy. The aforesaid fee shall accompany the application for the license.
Time of payment.
The annual license fee is payable within 30 days starting from September 13, 1971, and on or before January 1 of each year thereafter. If such amount aforesaid remains unpaid on the date or dates set forth above, the same shall be delinquent and shall be subject to a penalty equal to 10% of the amount of the delinquent payment.
In addition to the annual license fee as set forth above, the licensee shall pay the sum provided for in Chapter 150, Fees, for each manufactured/mobile home lot or pad occupied by any manufactured/mobile home which is part of the license fee.
Every person holding a license for the operation of a manufactured/mobile home park shall pay the fee provided 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 shall become delinquent and shall be subject to a penalty equal to 10% of the amount of the delinquent payment.
Annual reports. Every person holding a license for the operation of a manufactured/mobile home park shall submit the form signed and sworn by the licensee or by his duly authorized agent annually in conjunction with the annual license fee specified in Subsection B-1 above. Copies of the annual report form shall be filed with and be made available by the Township Clerk and shall contain spaces for the following information:
Name and address of licensee and address of manufactured/mobile home park.
Month and year for which the report is made.
Total number of manufactured/mobile homes registered at the manufactured/mobile home park.
The number of lots or pads occupied by the manufactured/mobile homes.
Such other information as the Township Committee may from time to time require.
No violation. No license shall be issued until the Board of Health officer and the Construction Official shall have certified that they know of no violation of any law, regulation or ordinance applicable to a manufactured/mobile home or a manufactured/mobile home park.
Procedure. Upon payment of an application fee as provided in Chapter 150, Fees, licenses for the construction and maintenance and operation of a manufactured/mobile home park in accordance with the application and related documents and as required by this chapter shall be issued upon proper application to the Planning Board and to the Township Committee after consultation by the municipal agencies and officers hereinafter stated and public hearing if it shall appear that the proposed manufactured/mobile home park conforms to this chapter and the design standards herein set forth and upon payment of the fees herein required, provided that the controlling determination for issuance shall be the public welfare and general best interest of the Township and not the timeliness of an application. Once all requirements as set forth in this chapter are complied with, the Township Committee may also consider:
Application for a license to construct or operate and maintain a manufactured/mobile home park shall be made by filing an application with the Planning Board of the Township. The applicant shall submit with such application six copies of a site plan which shall be an accurate plot plan drawn to a scale of 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:
The lot and block number, exact acreage and exact dimensions of the property to be built upon.
Locations 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 manufactured/mobile home license held by the same applicant.
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.
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%.
Existing and proposed natural or artificial drainage facilities for the disposal of surface stormwater runoff.
Existing or proposed facilities for sewage disposal showing the location of proposed facilities or the point of connection with an existing system.
Existing or proposed facilities for the supply of water showing the location of wells or the point of connection of wells or the point of connection with an existing public water supply.
No application for a license hereunder shall be considered by the Planning Board unless and until the applicant therefor shall present satisfactory proof of ability to comply with § 213-4, which consists of an unequivocal agreement between the applicant and the principals of a publicly approved water or sewer company.
Referral. Upon receipt of an application for a manufactured/mobile home park, the Planning Board shall forward copies of the proposal to the Township Engineer, the Construction Official, the Township Board of Health, the Monmouth County Planning Board and the Township Shade Tree Commission for their consideration. The Planning Board shall not act in regard to the application until the receipt of reports from the aforesaid agencies or individuals or unless a thirty-day period has elapsed after the forwarding of the applications to the agencies and no report in writing has been received. In the latter event, it shall be deemed that such person or agency has approved the proposal.
Notice. Upon passage of the thirty-day period 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 manufactured/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. The applicant shall submit an affidavit 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 any part of the boundary of which lies within a distance of 1,000 feet from any part of a manufactured/mobile home park.
Review by 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 pedestrian 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 hereinabove and particularly those pertaining to the adequacy of proposed drainage facilities, water supply and sewage facilities, paving requirements and any other engineering requirements.
Approval of plan and modification of manufactured/mobile home pads.
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 stated in a written report from the Planning Board to the applicant and to the Township Committee. If the application and 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 to speak at a public hearing called for that purpose. Issuance of the license will be based upon the standards set forth in this chapter and upon those considerations provided for in this chapter. 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.
Any installation or modification of an individual manufactured/mobile home site shall be approved by the Construction Official for conformance with the design standards within this chapter and with the New Jersey Manufactured Home Subcode, N.J.A.C. 5:23-3.19, and with the Federal Manufactured Home Construction and Safety Standards, as set forth in Part 3280 of Title 24 of the Code of Federal Regulations, as may be amended.
The applicant shall provide the Township with a written agreement that he will permit entry to the manufactured/mobile home park at any time during the day or night of any authorized state, county or Township police officer or other law enforcement official and by the Board of Health officer, Construction Official, Zoning Officer or other official of the Township or any agent designated by resolution of the Township Committee.
In the event the applicant is not the owner of the premises, the application shall so state and the person shall deposit with the Clerk 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 in regard to license fees which amount shall be returned to the licensee upon expiration of the license less such sums as may be found under terms of this chapter.
Licenses issued under the terms of this chapter convey no right to erect any building, to do any plumbing, electrical or other work ordinarily requiring separate and different municipal or governmental permits.
Upon the issuance of a license, the applicant shall post with the Clerk a cash deposit of $5,000 per license. This deposit shall guarantee the collection of any fine, forfeiture or fee, including legal costs upon or levied against the licensee for violations of this chapter, and is made for the use and benefit of the Township. The deposit shall be placed in an interest-bearing account by the Treasurer, who shall compute the interest thereon annually and remit same to the licensee. If any fine, forfeiture or fee should remain delinquent for a period of six months, the deposit referred to herein may be used to satisfy same.
Renewal of licenses. Licenses for the renewal of manufactured/mobile home park licenses previously issued to an applicant shall be issued upon consultation by the municipal agencies required in the case of original applications. Such license shall be issued if it shall appear that the manufactured/mobile home park conforms to this chapter in all respects and the design standards herein set forth upon payment of the fees herein required. Manufactured/mobile home parks predating the existence of this chapter shall be deemed nonconforming except for the provisions of § 213-1, the definition of "manufactured/mobile home park," which shall be complied with as vacancies occur. Application for a renewal license shall be made by the filing of four copies of a written application signed by the person seeking a renewal license, which shall contain the following information and be accompanied by the following statements, data and maps:
The application shall set forth any change in ownership or interest in the property by the person making the application.
The application shall set forth any changes in the manufactured/mobile home park with respect to matters set forth in the prior application and shall contain all data required with respect to an original application concerning any such changes unless such changes have been previously approved.
Approval to operate. Manufactured/mobile home parks shall not be operated by any person until the Township Committee has given formal approval therefor by issuance of an appropriate license. The license shall be displayed in a conspicuous place on the premises where it can be easily observed. No persons shall operate a manufactured/mobile home park whose license therefor is suspended.
Temporary permits. The Township Committee may issue temporary permits for the operation of manufactured/mobile home parks whenever in its judgment such temporary permits are necessary and proper pending formal and final action upon an application. The permits may be issued for such periods and upon such terms as the Township Committee may deem appropriate pending final approval.
Inspection. Manufactured/mobile home park buildings and premises shall be subject to inspection by the Township Committee or its duly authorized representative.
Consult or seal opinion. The Township Committee may consult or seal the opinion of any other Township board, agency or official when considering the issuance or renewal of a license.
Park office. In any manufactured/mobile home park there shall be an office established which may be located either in a manufactured/mobile home or in a permanent building and which shall be the office of the person in active charge of the manufactured/mobile home park. A copy of the park license and a copy of this chapter shall be conspicuously posted therein, and the park register as hereafter referred to in this chapter shall be at all times kept in that office.
Park register. Each licensee shall maintain a park register which shall be kept up to date with the following information: the name of each owner of each manufactured/mobile home or the tenant thereof, the name of the manufacturer, the model and the serial and /or registration number of each manufactured/mobile home, the date of arrival of each manufactured/mobile home and the date of departure of each manufactured/mobile home. Likewise, a daily and monthly total of the total number of manufactured/mobile home lots or pads occupied shall be placed in the register. A copy of the register shall be delivered to the Clerk of the Township by the 10th day of the month following the end of the reporting required by § 213-5.
Inspection of register. The manufactured/mobile home park owner shall keep the register available for inspection by Township officials at all times. The register shall not be destroyed for a period of three years following the date of registration.
Unlawful parking. It shall be unlawful within the limits of the Township to park any manufactured/mobile home on any street, alley or highway or other public place or upon any tract of land owned by any person, occupied or unoccupied, within the Township except as provided within this chapter.
Emergencies. Emergency or temporary stopping of a manufactured/mobile home is permitted on any street, alley or highway for not longer than 24 hours subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley or highway.
No person shall park or occupy any manufactured/mobile home on the premises of any occupied dwelling which is situated outside an improved manufactured/mobile home park. If and in the event an occupied dwelling shall become temporarily unfit for occupancy because of a fire or such other disaster, the owner may apply to the Township Committee for permission to place a manufactured/mobile home upon the same tract of land for a period not to exceed six months. Such manufactured/mobile home shall be used as a residence for the dwelling's former occupants and only while the dwelling is being reconstructed and/or repaired. The Township Committee may, at its discretion, grant a three-month extension on the original permission. Any permission given by the Township Committee shall be during reconstruction or repair or during the time that such is being conducted, not contemporaneous with new or original construction.
The parking of one unoccupied manufactured/mobile home in any accessory private garage, building or any rear yard is permitted, provided that no living quarters shall be maintained or any business practiced in such manufactured/mobile home and provided further that the parking shall not be in violation of Chapter 190, Land Use.
Construction sites. A manufactured/mobile home may be utilized at a construction site for temporary office and storage, provided that a permit is obtained from the Zoning Officer prior to movement of the manufactured/mobile home onto the site and a manufactured/mobile home is removed from the site within 30 days after the issuance of the final certificate of occupancy.
No owner or person in charge of any dog, cat or other pet shall permit it to run at large within the limits of any manufactured/mobile home park.
Manufactured/mobile home parks shall be maintained, by the park owners and park tenants, as applicable, in accordance with Chapter 245, Property Maintenance.
Any person who shall violate or fail to comply with the provisions of this chapter shall upon conviction be subject to penalties as provided in Chapter 1, Article II, General Penalty. In the event of such conviction, the license of the licensee may be revoked and no new license for the operation and maintenance of the manufactured/mobile home park shall be issued for two months. Each twenty-four-hour period during which a violation continues shall be deemed to be a separate and distinct offense.