[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MOBILE HOME
- Any unit, whether licensed or not, used for living, sleeping or business purposes by one or more persons, built on a chassis, designed without a permanent foundation, and shall include a dwelling, sleeping, or business unit of vehicular design used, or intended or constructed for use, as a conveyance upon the public streets and highways, whether licensed or not, and shall further include self-propelled and non-self-propelled vehicles and other structures so designed, constructed and reconstructed or added to by means of accessories in such a manner as to permit the occupancy thereof as a dwelling, sleeping place, or for business purposes for one or more persons and having no foundation other than wheels, jacks, piers or skirting so arranged as to be integral with, or portable by, the mobile home and shall further include the type of dwelling known as a "trailer" or "camp car."
- TRAILER PARK or MOBILE HOME PARK
- Any plot or ground upon which two or more mobile homes or mobile units used for dwelling or sleeping purposes are located.
Except in a duly licensed mobile home park, or as otherwise provided for in this chapter, it shall be unlawful for any person to park, keep, house, maintain, dwell in, or otherwise occupy any mobile home anywhere within the Township of Little Egg Harbor.
A camper or other recreational vehicle with dwelling or sleeping facilities, which would otherwise be the definition of a mobile home, but which is clearly a recreational vehicle intended for temporary residential use during camping or touring or similar use, shall be permitted to be stored within the Township on the lands of the owner of said vehicle; provided, however, that said vehicle shall be maintained on the lands solely for the purpose of storing the vehicle and no one shall dwell in or otherwise occupy or use such vehicle for any purpose whatsoever.
Within the boundaries of the Township of Little Egg Harbor, no person shall construct, alter, maintain, or operate a mobile home park, nor shall any person expand an existing mobile home park, nor shall any person or persons work in, occupy, or directly or indirectly in any manner whatsoever, utilize any place or premises constructed, maintained, or operated as a mobile home park until, and unless, there is a valid and current license or renewal of license therefor duly issued by the Township Committee in accordance with the provisions of this chapter.
Any and all construction to a mobile home park shall be done in compliance with Chapter 212, Land Development. Licenses or permits to maintain and operate a mobile home park shall be issued for a period of one year or, where appropriate, part of one year, and shall expire annually on the first day of each calendar year. The number of licenses or permits to be issued in the Township to maintain and operate a mobile home park shall not exceed three.
Every application for a license to construct, maintain, or operate a mobile home park shall contain the following information:
A legal description, by metes and bounds, of the area to be used for mobile home park purposes, with deed book and page references and lot and block references from the current Township Tax Map.
A plat plan of the overall area showing dimensions by feet and inches, total acreage, location and width of all roadways, driveways and walkways, location of all mobile home spaces with identifying lot numbers, parking areas, fences, and all improvements and a plan of landscaping, including finished grading, grass areas and the location and identification of all shrubbery, trees and similar items.
A plan of electrical lighting, including the location of poles and overhead electrical wires, receptacles for mobile homes, road and walkway lighting and public area lighting.
A detailed plan and the method of sewerage disposal.
A detailed plan and the method of garbage and trash disposal.
A detailed plan and the method of water supply.
A detailed plan for the maintenance and upkeep of roadways and walks within the mobile home park and snow removal therefrom.
The name and address of the owner or owners. If one or more owners are a corporation, then the names and addresses of all persons holding 10% or more of the shares of stock of the corporation.
Each application for alteration of a mobile home park, whether by expansion, contraction, modification, or change of approved plan, shall be accompanied by all of the information required by § 236-4A; except, however, that if only minor changes are to be made to the prior approved plan, then in such event, the applicant may submit a copy of the prior approved plan with the changes clearly indicated thereon.
If the applicant for an annual license to maintain and operate a mobile home park is the holder of a current annual license to maintain and operate that mobile home park, or the transferee thereof so that the application can properly be construed as an application for renewal of an annual license to maintain and operate a mobile home park, then said applicant may, in lieu of resubmitting each of the items set forth in Subsection A of this section, file an affidavit certifying as to each such item that there has been no change or, as to those items in which changes have been affected, and the details thereof. Each such affidavit shall further certify that there has been no change of ownership of the mobile home park and no alteration of the mobile home park from the approved plan, except in compliance with the provisions of this chapter. Said affidavit shall further set forth the total number of mobile home spaces authorized and the total number occupied as of the date of the affidavit. Each such application for renewal of license shall be submitted to the Township Clerk in writing at least 35 days prior to the expiration date of the then-current license.
Application procedure. Every application, whether for a license to construct, maintain, alter or operate, or for renewal of an annual license to operate, shall be made in writing in triplicate addressed to the Clerk of the Township of Little Egg Harbor, and shall be accompanied by a certified check in the amount of the license fee provided for in this chapter. If the application is to construct or alter a mobile home park, a copy shall be sent forthwith to the Township Planning Board for site plan review recommendations. If the application is to operate, or for the renewal of, a license to operate an existing mobile home park, the Township Clerk shall forward copies of the application to the Township's Zoning Officer and Construction Code Official, who shall each thereafter inspect said premises for compliance with Township ordinances and shall report thereon to the Township Committee. If noncompliance with a Township ordinance is found by any of the said officials, then the appropriate official shall give notice to the applicant of discrepancies found and the applicant shall, within 10 days thereafter, supplement the application in writing addressed to the Township Clerk, with a statement as to the corrective action taken or to be taken, setting forth the action, method of correction and date the corrections will be completed. The applicant may appeal the finding of any discrepancy in said supplement to the application by requesting a hearing before the Township Committee.
Every application to construct a mobile home park, or to alter an existing mobile home park in such manner that the alteration will extend the mobile home park beyond its prior approved boundaries, shall be accompanied by a certification by the Zoning Officer that the area to be utilized for the construction of a mobile home park, or for the expansion thereof, meets the requirements of the Township's Zoning Ordinance, including proposed use of the land for mobile home park purposes, and whether that usage of land is approved usage under the Zoning Ordinance, or a variance was obtained from the Zoning Board of Adjustment for that use.
Any license or permit required by this chapter, or any renewal of any such license or permit, may be denied, suspended, or revoked by the Township Committee for failure to comply with this chapter, or any Township of Little Egg Harbor ordinance, state law or regulation, ordinance of the Ocean County Board of Health, or any other lawful authority. Before a permit has been denied, suspended, or revoked, the Township Committee shall afford the applicant or licensee an opportunity to be heard at a public hearing.
The Township Committee shall have the authority to grant the temporary extension of a license to operate a mobile home park solely for the purposes of granting a hearing to ascertain the findings of the Zoning Officer or Construction Code Official as to discrepancies of a mobile home park with Township ordinances, or to permit the owner of said mobile home park to complete corrective action; provided, however, that no temporary extension shall be for more than 30 days and not more than three temporary extensions shall be granted to any annual license. No such temporary extension, or extensions, shall have the effect of extending for renewal purposes the annual expiration date, and every renewal license shall be dated as of the anniversary date of original issuance regardless of such extension.
An annual administration fee shall be charged for said license in the amount of $100, which fee is hereby expressly declared to be imposed for revenue payable in advance for each year, commencing on the first day of each calendar year.
The following shall apply to annual and municipal service fees with the Township pursuant to N.J.S.A. 54:4-1.6:
An annual service fee shall be imposed on all manufactured homes installed in a mobile home park within the boundaries of the Township of Little Egg Harbor. In setting this fee, the governing body shall take into account the extent to which the taxes are assessed and levied against the land improvements thereto which together constitute the mobile home park in which the homes are installed, to defray the costs of services provided or paid for by the municipality, or provided by any other appropriate taxing authority, for lessees of sites in the park. The fee shall be prorated in order to account for vacancies in the mobile home park.
The municipal service fee shall be collected from each owner of a manufactured home on a monthly basis by the owner of the mobile home park in which the home is installed. The park owner shall issue a receipt to the homeowner upon each collection.
The amount of the annual service fee shall be determined and set by resolution adopted at the beginning of each calendar year by the governing body of the Township.
Payment of the application fee shall be made with each application for annual license. Payment of the monthly fees shall be made by the park owner to the Tax Collector of the Township on a quarterly basis. In addition to the quarterly payment, the park owner shall transmit therewith a copy of each receipt issued pursuant to § 236-8B(2). Payment shall be made no later than the first day of the next ensuing month following the preceding quarter. A resolution may be adopted at the beginning of each calendar year by the governing body of the Township allowing for a grace period of up to 10 calendar days following the date upon which the same became payable. An official of the Township, as designated by the Mayor, shall, upon the request of the Township Committee, furnish such Township Committee with a report of the number of trailer spaces occupied in such mobile home park.
Any amounts due which are not paid within the time required shall bear interest thereon at the lawful rate covering the period of delinquency. The individual homeowner shall bear the burden of paying the late payment interest charge for failure to pay the municipal service fee when due and payable, and the park owner shall be charged for failure to transmit fees actually collected when so required.
Temporary housing permits may be issued by the Township Committee for temporary use of a mobile home or trailer within the Township for any one of the following purposes:
Emergency residential use. Use for residential purposes by any Township resident whose regular residence within the Township has been destroyed or damaged by fire or other catastrophe as to be unsuitable for dwelling purposes, but is being rebuilt or repaired to restore it to habitable condition; provided, however, that no temporary housing permit shall be issued for this purpose for a period exceeding either the time necessary to restore the damaged or destroyed residence or three months, whichever first occurs.
Construction site office use. Use only on the site of new construction and only for office purposes in connection with construction, provided that the trailer shall in no way be used for residential purposes, and that the permit shall be only for the period of time of the construction on said site.
Industrial watchman use. Use only as an office for a watchman on lands actually used for industrial purposes, provided that the trailer shall in no way be used for residential purposes and may be occupied by only a bona fide watchman employed by the industry and on the payroll of the industry in the capacity of watchman and provided, further, that said watchman must have a permanent residence other than the place of the trailer or industrial premises. Such trailers must not have any sleeping facilities contained within the trailer. Permits shall be for no longer than six months at a time.
No temporary housing permit shall be issued unless the mobile home or other trailer has first been duly inspected by the Housing Officer and found to be fit for habitation, either for dwelling purposes or for office use, including an adequate supply of fresh, potable running water for drinking purposes, washing and bathing facilities, and adequate toilet facilities with sanitary disposal method.
Each temporary housing permit shall be for only one mobile home unit or trailer, and no more than one temporary housing permit shall be issued for each parcel of land. Each temporary housing permit shall be valid only as long as the particular use permits, and upon the expiration thereof, the trailer shall be removed from the premises forthwith.
Prior to the issuance of a temporary housing permit, the licensee shall pay to the Township Chief Financial Officer the sum of $25 for the permit, plus $5 for each month of occupancy permitted.
Lot layout and occupancy.
Each mobile home lot shall be clearly identified by number.
Each mobile home lot shall be adequate to accommodate the mobile home occupying the same.
The number of mobile homes permitted in a mobile home park shall not exceed the number of mobile home lots.
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.
Separation and setback requirements. Except for mobile homes in storage or for sale, each mobile home shall be located on a mobile home lot so as to comply with the following minimum proximity limits. It shall be:
Twenty-five feet from the right-of-way of any public street or highway.
Fifteen feet from any building or structure, except metal or masonry storage sheds, awnings, carports or porches.
Fifteen feet from the side(s) of any other mobile home(s).
Ten feet, end to end, between homes and/or any adjoining property lines.
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 placed thereon. Every mobile home stand shall be provided with approved devices for anchoring the mobile home to prevent overturning or uplift. Such devices shall be adequate to withstand winds of hurricane force.
Road layout; road width; road construction; walks.
Roadways in all mobile home parks shall be provided as private roads, and located where necessary to furnish principal traffic ways for convenient access to all mobile home sites and other facilities located in any mobile home park. All such roadways shall be continuous wherever possible. Where dead-end roads are necessitated, culs-de-sac or turnarounds shall be provided to meet the same standards as required for subdivisions, as established by the Subdivision Ordinance of Little Egg Harbor Township. All such roadways shall have a minimum width of 24 feet and shall have unobstructed access to a public street or public highway. All streets shall be private ways and not dedicated to the public. The road width should be measured from the back of the curb to the back of the curb.
All roads shall be provided with a smooth, hard, dense and dust-free surface which shall be durable and well-drained under normal use and weather conditions. Road surfaces shall be maintained free of holes.
Public walks, where provided, shall afford safe, stable footing. Stepping stones may be used from main walks to mobile homes. All walks shall be maintained in good repair and in safe condition.
Parking. Car space shall be provided without interfering with normal movement of all traffic, with at least two car parking spaces for each mobile home. Parking spaces shall be provided either in convenient parking bays, or in such mobile home space. Parking spaces may be provided for not more than two cars end to end.
Water supply system. 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.
Water distribution and fire hydrants.
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 minimum pressure of 30 pounds per square inch.
Fire hydrants shall be provided in accordance with recommendations of the Township Engineer, who shall, in making such recommendations, follow the standards established by appropriate insurance underwriting agencies to provide the minimum insurance premium cost for the occupants of the mobile home park.
Individual water risers and connections.
An individual water riser shall be located within the confined area of each mobile home. The riser outlet shall be designed so that a watertight connection can be made between the outlet and the mobile home piping system.
The water riser shall extend at least four inches above ground elevation. The outlet shall be plugged or capped when not in use.
Adequate provisions shall be made to prevent the freezing of risers, valves and water service pipes and to protect risers from the heaving and thawing actions of the ground during freezing weather. Surface drainage shall be diverted from the location of the riser.
Each riser shall be provided with a shutoff valve conveniently available to the tenant in the event of an emergency.
Physical connections. No physical connection shall be made between an approved public potable water supply and an unapproved water supply.
Sewerage and storm drainage facilities.
Adequate facilities for the collection and disposal of sanitary sewage shall be provided at every mobile home park.
Building sewer outlet and connections.
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 above the ground. A trap and/or vent shall not be installed on the building sewer.
The riser shall be firmly imbedded in the ground and be protected against heaving, shifting and surface water. When not in use, the riser shall be capped or plugged so as to render it watertight.
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.
The park management shall maintain spare connectors and appropriate fittings in good repair, to be used when privately owned connectors do not meet the requirements of this regulation.
Sewer line and appurtenances. Sewer lines and appurtenances in a mobile home park shall be laid in accordance with the following requirements.
Minimum size: six inches, except a building sewer.
Pipe sizes and grades shall conform to the following:
Construction. All sewer line joints, sewer connections and manholes shall be watertight and shall comply with all state and local laws and regulations.
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.
Protection of water supplies. Water mains and sewers shall generally 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 be at least 18 inches below the bottom of the water main.
Approval of sewerage facilities. The plans for the proposed sewerage facilities of a mobile home park, including the sewer and appurtenances and sewage treatment and disposal facilities, shall be approved by the State Department of Health and the Township Engineer prior to installation of said facilities.
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 light of existing and future conditions, with final disposition to an existing natural watercourse of adequate capacity for said purpose. Storm drainage features shall be based on a ten-year-frequency curve, and said drainage facilities shall in all respects be subject to the approval of the Township Engineer.
Refuse: storage, collection and disposal. The storage and collection of refuse shall be so managed as to prevent health hazards, rodent harborage, insect breeding, accident hazards or air pollution. All refuse shall be stored in durable, flytight, watertight and rodent-proof containers. Refuse shall be collected at least twice weekly.
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 applicable rules and regulations of the New Jersey State Department of Law and Public Safety, Division of State Police.
All mobile home spaces shall have an unobstructed access to a public street, road, or highway and shall be well marked in the daytime and shall be lighted so as to permit safe movement of vehicles and pedestrians at night. The following minimum levels of illumination shall be provided:
Insect, rodent and weed control.
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.
Fly breeding shall be controlled by eliminating the unsanitary practices which provide breeding places. Refuse containers shall be repaired or replaced when damaged so 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 water or liquid from garbage. All containers shall be maintained in a clean and sanitary condition.
Insecticidal measures shall be applied if necessary.
All buildings within the mobile home park shall be ratproofed, with special emphasis on those in which food is stored or served.
Items in storage shall be maintained in such a manner as to eliminate the possibility of rodent harborage.
The growth of brush, weeds and grass shall be controlled as a means toward elimination of ticks and chiggers.
Construction code. All mobile home parks, and the area immediately surrounding all mobile homes or trailers for which temporary permits have been issued, shall be subject to all construction and building codes adopted by, or in lawful effect in the Township, and all buildings located in all trailer parks, other than the mobile home or trailer itself, shall be subject to all construction and building codes adopted by the Township.
Certificate of occupancy. No person shall occupy or reside in or lease to another person for the purpose of occupying or residing in nor permit any other person to occupy or reside in any mobile home within the Township unless a certificate of occupancy is first obtained therefor from the Township in accordance with Township ordinances.
Inspection. Every mobile home park and every building located on any trailer park and every mobile home or trailer, whether located in a mobile park or for which a temporary permit has been issued by the Township shall, at all times, be subject to examination and inspection within reasonable hours by any officer or agent of the Township making the inspection in the regular course of his or her duties and responsibilities.
Park registry. Every holder of a license to maintain or operate a mobile home park shall establish and maintain a park registry which shall list in numerical sequence each trailer occupying a trailer space and the name of the owner of the trailer and, if the owner of the trailer is not an occupant thereof, the name of the lessee of each trailer. The park register shall be kept in an office located in the mobile home park, shall be current at all times, and shall be available at all reasonable hours for inspection by officials of the Township of Little Egg Harbor.
No existing mobile home park in the Township of Little Egg Harbor shall hereafter in any way expand the perimeter of said mobile home park, nor shall it add any additional mobile home spaces, nor shall it permit the occupancy of any mobile home spaces beyond the number of mobile homes presently located in said mobile home park except in strict compliance with this chapter.
Any addition of mobile home spaces, or of mobile homes to existing spaces in any existing mobile home park, shall be construed as an alteration or expansion for which application must be made.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,250, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.