[HISTORY: Adopted by the Township Committee
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-4-2008 by Ord. No. 2008-5]
The words hereinafter defined shall each have
the meaning hereinafter indicated for the purpose of this article,
as follows:
An individual, firm, partnership, corporation or association
of persons.
Under N.J.S.A. 54:4-1.4, a recreational vehicle, travel trailer,
camper or other temporary dwelling unit, so designed or constructed
as to permit occupancy of the vehicle or unit by one or more persons
as a dwelling, business place, or sleeping place or for other occupancy
or use, equipped with wheels or similar devices and capable of being
transported from place to place either under its own power or by attachment
to a motor vehicle or through other means of transportation. In addition,
a trailer, trailer coach, camp trailer, camp car, swap car or house
trailer is designed and constructed for travel and recreational purposes
to be installed on a nonpermanent foundation if installation is required.
Any public community, place, area, lot, site or tract of
land occupied by or used at the present time, or at any future time,
by two or more trailers, or available for such occupancy or use, with
or without charge, on a temporary basis, and shall include any building,
structure, tent, camp, cottage or enclosure used or intended for use
as part of or in connection with such trailer camp or tourist camp.
The terms "trailer camp," "trailer park" or "tourist camp" shall not
be construed to include lands used for motels or permanent cabins
for hire.
A.
It shall be unlawful for any person to erect, construct,
maintain, operate or permit to be erected, operated or offered for
public use, within the Township of Franklin, a trailer camp, trailer
park or tourist camp without first obtaining a license therefor from
the Township Committee.
B.
Application for such license, for the succeeding year,
shall be presented in writing to the Township Clerk on or before November
1 of each year and shall set forth the following:
(1)
Name and address of the owner of the premises.
(2)
Name and address of the person, if different from
the owner of the premises, intending to manage and operate the trailer
camp, trailer park or tourist camp.
(3)
An accurate description of the premises to be used.
(4)
An agreement signed by the person intending to manage
and operate the trailer camp, trailer park or tourist camp and the
owner of the premises agreeing to comply with all of the provisions
and regulations now or hereafter promulgated by any branch of the
Township government or the laws and regulations of the State of New
Jersey and of the United States of America.
(5)
A copy of the current NJPDES permit in effect for
the facility shall be attached.
(6)
The maximum number of trailers to be accommodated.
(7)
Provisions made for the disposal of trash, garbage
and other waste materials.
(8)
A statement from the Health Officer of the Township
that all facilities required by the ordinances and regulations of
the Board of Health of the Township have been provided and are in
proper working condition.
(9)
A copy of the rules and regulations in place for the
operation of the Licensee.
C.
Each application for a license shall be accompanied
by a map or plan, drawn to scale, of the land and premises to be used
for a trailer camp, trailer park or tourist camp, which shall set
forth the proposed trailer sites and roadways and a diagram of the
sewage disposal facilities and fresh water supply.
D.
Each application for a license shall be accompanied
by an inspection fee of $500, which shall be paid into the Treasury
of the Township.
E.
Upon receipt of each application for a license, in
proper form, the Township Clerk shall refer the same to the Zoning
Officer and Township Engineer, and at such time as the Township may
by ordinance create the same. Each such officer shall forthwith review
the application and view the proposed site and either approve or disapprove
the application, setting forth in writing his reasons therefor. The
application shall then be referred to the Township Committee of the
Township of Franklin for final determination as to whether the application
shall be granted or refused.
The provisions of this article shall be applicable
to every trailer camp, trailer park or tourist camp in the Township
and to any person maintaining, operating, conducting or permitting
any such trailer camp, trailer park or tourist camp and shall be applicable
to any person living or sleeping in any such trailer camp, trailer
park or tourist camp as well as the owner of the premises and other
persons violating or contributing to the violation of any of the provisions
of this article.
Dogs shall not be permitted to run at large
in any trailer camp or tourist camp at any time.
Accessory uses are limited to storage structures,
children's playsets and barbecues, all of which must be located at
least three feet from the property line.
It shall be unlawful for any person owning,
operating or using any such trailer camp, trailer park, tourist camp,
trailer, or unit to remove or cause to be removed the wheels or similar
transportation devices from any trailer or unit, or otherwise permanently
affix such trailer or unit to the ground in such a manner as would
prevent the ready removal of such trailer or unit without having first
obtained a permit to do so from the Township Committee of the Township
of Franklin.
A.
The annual license fee for such trailer camp, trailer
park or tourist camp shall be $500 per year, and the license period
shall be the calendar year. No apportionment of any license fee shall
be made. Such license shall be issued and held on condition that the
licensee comply with all reasonable rules and regulations adopted
by the Township Committee and Board of Health of the Township and
all ordinances thereof. Such license fees and charges per trailer
are hereby expressly declared to be imposed to defray costs of regulation.
The annual base amount of $500 is payable in advance. Licenses may
be renewed thereafter at the discretion of the Township Committee
on January 1 of each year, provided all the terms and conditions of
all rules and regulations, laws and ordinances have been complied
with. No such license shall be transferable without the permission
of the Township Committee.
B.
The owner and/or operator of such trailer camp, trailer park or tourist camp shall, in addition to the annual license fee hereinabove set forth in Subsection A of this section, pay to the Township of Franklin a further license fee for municipal services for each trailer situated and/or located in the trailer camp, trailer park or tourist camp at a rate of $75 per quarter or portion thereof being due and payable on March 31, June 30, September 30 and December 31 of each and every year hereafter. The municipal services that the fee will cover include fire department and first-aid squad services. The fee will be collected by the owner and/or operator of the trailer camp, trailer park or tourist camp every month, with a copy of each receipt issued to the homeowner. A report including the name and location of the renter of each space must accompany the fees and will be remitted to the Tax Collector. The remittance for each quarter will be based on the number of renters.
C.
In addition, N.J.S.A. 54:4-67(a) allows a municipality
to fix a rate of interest if the owner and/or operator fails to pay
the assessment and it becomes delinquent. The interest can be up to
8% per annum on the first $1,500 of the delinquency and 18% percent
per annum for any amount exceeding $1,500, calculated from the date
the tax was payable until paid. The interest may be forgiven if the
Township so chooses if an installment was paid within the 10th calendar
day after which the installment is due. In addition, the owner and
or operator may be eligible for a discount of 6% per annum if the
Township so chooses if the assessment is paid at least 30 days before
due.
D.
On or before the 10th day of January, April, July
and October of each year, the licensee shall file with the Clerk of
the Township of Franklin a report, under oath, stating the number
of trailers occupying his licensed premises within the three preceding
calendar months, the duration of such occupancy, the state, territory
or country which issued the license plates on each trailer and accompanying
motor vehicle, and the license numbers thereof, and the name and home
address of each trailer owner. At the time of the filing of said return,
the licensee shall pay to the Township Clerk the weekly license fees
prescribed in the preceding subsection.
E.
The fee for transfer of the annual license shall be
$10.
A.
It shall be the duty of the licensee to keep a register
containing a written record of all trailer owners and occupants within
the licensee's trailer camp at all times. Such register shall contain
the following information:
B.
Such register shall be kept available for inspection
by the Township Committee, the Franklin Township Board of Health,
and the Franklin Township Board of Education, as well as health and
law enforcement officers. Such record shall not be destroyed for a
period of three years following the date of the last registration
therein.
Any license granted hereunder shall be subject
to revocation or suspension by the Township Committee in the following
manner:
A.
Notice shall be served on the person holding such
license, specifying wherein he has failed to comply with the rules,
regulations, laws and ordinances of the Township and requiring such
licensee to appear before the Township Committee at the time and place
therein specified, not less than five days after the service of such
notice, and requiring such licensee to show cause at such time and
place as to why the license should not be revoked or suspended.
B.
At the time and place mentioned in the notice:
C.
After the hearing, the Township Committee may, in
its discretion, dismiss the charges or revoke or suspend the license.
Any person who shall violate any of the terms
or provisions of this article shall, upon conviction thereof, be subject
to imprisonment for a term not exceeding 90 days or to a fine not
exceeding $500, or both. Each day that a violation of any of the terms
or provisions of this article shall continue shall constitute a separate
offense.
