[Adopted 10-4-2018 by Ord. No. 18-03]
This article shall be known as the "Mannington Township Temporary
Housing Trailer Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
An occurrence, such as a fire, that renders a dwelling unit
uninhabitable under applicable laws.
A single-family dwelling or multifamily dwelling that, when
damaged, is occupied lawfully for residential purposes. The word "dwelling"
shall not include boarding- or rooming houses, hotels, motels or other
structures designed or used for transient purposes.
A room or connected rooms within a dwelling forming a self-contained
area within that dwelling and adapted to provide permanent living
accommodations for a household independent of other households in
other dwelling units, including the availability of heat, electricity,
water, and necessary equipment for the culinary and sanitary requirements
of the occupying household.
A dwelling containing two or more dwelling units that, when
damaged, is lawfully occupied as a residence by no more than one household
per dwelling unit.
A dwelling containing or constituting one dwelling unit that,
when damaged, is lawfully occupied as a residence by no more than
one household.
An owner or tenant who lawfully resides with other persons
in a dwelling unit at the time the dwelling unit is damaged; who resides
or intends to reside with such other persons in a temporary housing
trailer; and who is authorized by law or otherwise to make representations
to third parties, including Mannington Township, on behalf of such
other persons.
The owner or tenant and other persons who lawfully reside
together in a dwelling unit at the time the dwelling unit is damaged.
A designated parcel, tract or area of land established by
a plat, or otherwise as permitted by law, which is the site of a lawfully
existing dwelling that has been damaged.
A single-section structure built on a permanent chassis having
wheels (including a "trailer" as defined in this article), and which
is:
Transportable on municipal, county and state roads without escort;
Has dimensions of no more than 12 feet wide, no more than 13
feet high (measured from tire tread on roadway surface), and no more
than 48 feet long;
Is designed to be used as a permanent or temporary dwelling
unit when connected to required utilities;
Includes built-in plumbing, electrical, and heating systems;
and
Is placed on a temporary foundation on a lot where a dwelling
has been damaged for the purpose of serving as a temporary dwelling
unit for the household that, because of the damage, cannot occupy
the damaged dwelling, until such time as the damaged dwelling is repaired
or reconstructed for lawful occupancy, or until such time as such
repair or reconstruction is reasonably expected to have occurred.
A recreational vehicle, travel trailer, camper, or other
transportable, temporary dwelling unit, with or without its own motor
power, designed and constructed for travel and recreational purposes.
The intent of this article is to provide a licensing procedure to allow households that are displaced by damage to dwellings to live in temporary housing trailers on the same lot as the damaged dwelling for reasonably limited periods of time, and to ensure the subsequent removal of temporary housing trailers without cost to the Township. The requirements of Chapter 70 (Land Development) shall not be applicable to temporary housing trailers for which licenses are in effect pursuant to this article.
The owner of a structure or trailer that is intended to serve
as a temporary housing trailer as defined in this article may apply
for a license by submitting the following information to the Mannington
Township Clerk for review by the Mannington Township Committee:
A.
A copy of the current deed of record and additional documentation
as necessary to confirm the name(s) and current address(es) of the
owner(s) of the lot at which the damaged dwelling is located.
B.
A written statement from the Mannington Township Housing Officer
confirming that the dwelling unit for which the temporary housing
trailer(s) is/are being proposed as temporary dwelling unit(s) has,
in fact, been damaged as defined in this article.
C.
A written statement signed by the head of household setting forth
the names and ages of the household members who intend to occupy the
proposed temporary housing trailer(s).
D.
Copies of vehicle title(s) or other documents confirming the name(s)
and current address(es) of the owner(s) of the proposed temporary
housing trailer(s).
E.
Documentation confirming that the proposed temporary housing trailer(s)
conform to all physical, structural, functional, and design requirements
as defined in this article, including explanations or depictions of
where and how water, sewage disposal, electricity, and any other utilities
or services will be provided, and also confirming that only easily-removable
access steps or stairs and temporary foundations will be provided
for the temporary housing trailer(s), and that no other appurtenances
such as skirting, porches or patios will connect to or adjoin the
temporary housing trailer(s).
F.
If more than one temporary housing trailer is being proposed, a written
statement by the owner(s) of the temporary housing trailer(s) or the
head of household explaining why more than one temporary housing trailer
is necessary.
G.
A plan or drawing depicting all property boundaries of the lot; all
existing structures on the lot; any structures on adjacent lots within
25 feet of shared lot boundary lines; and the intended location(s)
of the proposed temporary housing trailer(s).
H.
A written statement from a qualified person, such as the contractor
who will accomplish or oversee the repair or reconstruction of the
damaged dwelling, or an authorized representative of the insurance
company that insured the damaged dwelling at the time of the damage,
providing a reasonable estimate of the time required for the damaged
dwelling to be repaired or reconstructed.
I.
Written statements, signed by the owner(s) of the lot, the head of
household, and the owner(s) of the temporary housing trailer, all
acknowledging that they have read and understand this article and
that they understand and agree that if the license is granted the
temporary housing trailer(s) will be permitted only at the specified
location(s) within the lot, and only for the duration of the license,
that the temporary housing trailer(s) must be removed from the lot
upon expiration of the license, regardless of whether the damaged
dwelling has by that time been repaired or reconstructed, and that
following the expiration or revocation of the license the Township
is authorized to remove the temporary housing trailer(s) from the
lot at the applicant's expense if not removed by the applicant.
A.
After a temporary housing trailer application has been filed with
the Township Clerk, the Clerk and the Mayor will promptly review it
with other Township personnel to ascertain whether it includes sufficient
information as specified above.
B.
If the application is deemed by the Mayor and Clerk to be sufficiently
complete, the Clerk, at the Mayor's direction, will schedule
the application for review at a regular or special Township Committee
meeting and issue written notice of the meeting date to the applicant
[i.e., the owner(s) of the proposed temporary housing trailer(s)],
the lot owner(s), and the head of household.
C.
If the Township Committee, in consultation with the Housing Officer,
Construction Official, and such other Township employees and officials
as may be deemed appropriate, determines that the application lacks
complete or credible information, or presents an unreasonable or inappropriate
temporary housing trailer proposal, or one that would in all reasonable
likelihood impair the health, safety or welfare of the intended occupants,
neighboring landowners, or the general public, the Township Committee
may deny the application with the understanding that the same applicant
or another applicant may reapply for a license with additional or
different information, or an alternate temporary housing trailer proposal.
D.
If the Township Committee, in consultation with the Housing Officer,
Construction Official, and such other Township employees and officials
as may be deemed appropriate, determines that the application contains
complete and credible information, and presents a reasonable and appropriate
temporary housing trailer proposal that will not impair the health,
safety or welfare of the intended occupants, any neighboring landowners,
or the general public, the Township Committee may grant a license
to place the temporary housing trailer(s) on the lot, subject to the
following conditions:
(1)
The initial duration of the license shall be six months from the
date of the Township Committee's vote for approval, or from that
date of approval until the estimated repair or reconstruction completion
date provided per § 131-20H, above, whichever is longer.
Thereafter the license may be extended for subsequent durations as
may be deemed appropriate by the Township Committee for good cause,
and with modified or supplemental conditions as may be deemed appropriate
by the Township Committee, upon the written request of the applicant
[i.e., the owner of the temporary housing trailer(s)]. The license
will automatically expire at the end of the initial duration unless
extended; if extended, the license will expire automatically at the
end of the last extension.
(2)
Prior to placing the temporary housing trailer(s) on the lot the
applicant [i.e., the owner of the temporary housing trailer(s)] must
post a cash deposit with the Township in the amount of $2,500 for
each temporary housing trailer to be placed on the lot, and the applicant,
head of household, and lot owner must enter into a license agreement
with the Township providing as follows:
(a)
The license agreement must specify the initial license duration
and authorize the Township to remove the temporary housing trailer(s)
from the lot if the applicant fails to do so.
(b)
The license agreement must authorize the Township to take reimbursement
from the aforesaid deposit for any costs incurred with respect to
removal of the temporary housing trailer(s) from the lot, and any
costs incurred in connection with any other aspect of noncompliance
with the conditions of the license, including any post-removal transportation,
storage and disposal costs, and any court costs, attorney or other
professional fees, and must further provide that the balance of the
deposit following such removal, if any, will be returned to the applicant
only after the applicant retrieves the temporary housing trailer(s)
from the Township.
(c)
The license agreement must require the applicant to reimburse
the Township, prior to retrieving the temporary housing trailer(s)
from the Township, for any costs incurred by the Township as aforesaid
in excess of the deposit.
(d)
The license agreement must include the manufacturer name(s),
model(s), and serial or other identification number(s) of the temporary
housing trailer(s) that will be placed on the lot.
(e)
The license agreement must include the approved plan or drawing
of the lot and require that the temporary housing trailer(s) be placed
upon the lot in conformance with the approved plan or drawing.
(f)
The license agreement must require that only easily-removable
access steps or stairs and temporary foundations will be provided
for the temporary housing trailer(s), and that no other appurtenances
such as skirting, porches or patios will connect to or adjoin the
temporary housing trailer(s).
(g)
The license agreement must set forth the names and ages of the
household members who will reside in the temporary housing trailer(s).
(h)
The license agreement must provide that no person may reside
in or otherwise occupy the temporary housing trailer(s) until all
applicable construction approvals and certificates of occupancy have
been issued by the Mannington Township Housing Officer and Construction
Official, but that no zoning permit is required while the license
is in effect.
(i)
The license agreement must provide that the license may be revoked
by the Township Committee for any noncompliance with its terms and
conditions, in which case the temporary housing trailer(s) must be
removed from the lot within two weeks following the Township's
issuance of revocation notice.
(j)
The license agreement must require the applicant(s), the lot
owner(s), and the head of household to release, and agree to indemnify,
defend, and hold the Township harmless from and against any claim,
judgment, or other cost for personal injuries, losses, or damages
to any person or property, including but not limited to damage to
the temporary housing trailer(s) and the household's furnishings
and other contents therein, that are or may be caused, incurred or
alleged in connection with the Township's removal, transportation,
storage, and disposal of the temporary housing trailer(s), utility
connections, and other appurtenances, or any other exercise of the
Township's rights or remedies under the license agreement and/or
this article.
(k)
The license agreement may contain any other conditions imposed
by the Township Committee based on the particular facts or circumstances
of the temporary housing trailer proposal.
(l)
To become effective, the license agreement must be signed by
the applicant [i.e., the owner(s) of the temporary housing trailer(s)],
the head of household, the lot owner(s), and the Township.
(m)
The fully-executed license agreement will constitute the license.
The license will take effect upon execution of the license agreement
by all parties, but the duration of the license will run from the
date of the Township Committee's vote for approval, not from
the effective date of the license.
(3)
Prior to placing any trailer having its own motor power on a lot
as a temporary housing trailer the applicant (i.e., the owner of the
trailer) must give Mannington Township a set of ignition and door
keys for the trailer.
(4)
No temporary housing trailer may be placed on any lot in Mannington
Township without an effective temporary housing trailer license.
(5)
No person may reside in or otherwise occupy a temporary housing trailer
until the Mannington Township Housing Officer has confirmed that the
correctly specified temporary housing trailer has been placed on the
lot as depicted on the approved plan or drawing, and all applicable
construction approvals and certificates of occupancy have been issued
by the Mannington Township Construction Official (no zoning permit
is required while the license is in effect).
(6)
The applicant [i.e., the owner(s) of the temporary housing trailer(s)]
must remove the temporary housing trailer(s) from the lot within two
weeks following the expiration of the license. If not so removed,
the Township may remove the temporary housing trailer(s) and shall
be entitled to reimbursement for all costs as provided above.
(7)
Any license may be revoked by the Township Committee for any noncompliance
with its terms and conditions, or any violation of this article, in
which case the temporary housing trailer(s) must be removed from the
lot within two weeks following the Township's issuance of revocation
notice. If not so removed, the Township may remove the temporary housing
trailer(s) and shall be entitled to reimbursement for all costs as
provided above.
In addition to the provisions of this article, any violations of this article shall be punishable as provided in § 1-15 of this Code.
