[HISTORY: Adopted by the Township Committee of the Township
of Barnegat 6-14-16 by Ord. No. 2016-12. Amendments noted where applicable.]
[Added 6-14-16 by Ord. No. 2016-12]
The Code of the Township of Barnegat is hereby amended by this
ordinance for the purposes of creating a Municipal Service Fee and
determining the amount of said fee and the collection of said fee
as is provided for in accordance with and pursuant to N.J.S.A. 54:4-1.6.
[Added 6-14-16 by Ord. No. 2016-12]
Pursuant to N.J.S.A. 54:4-1.3, there shall be an annual Municipal
Service Fee imposed upon manufactured homes installed in a mobile
home park as provided for in the Manufactured Home Taxation Act, N.J.S.A.
54:4-1.2. The purpose of the Municipal Service Fee is to pay the Township
a reasonable payment for services rendered to the owners of the manufactured
homes.
[Added 6-14-16 by Ord. No. 2016-12]
The terms "Manufactured Homes", "Mobile Home Park" and "Municipal
Service Fee" shall be precisely as they appear and are defined in
N.J.S.A. 54:4-1.4.
[Added 6-14-16 by Ord. No. 2016-12]
A.
This ordinance is not intended to nor shall it apply to manufactured
homes in mobile home parks which are not in communities operated as
"Housing for Older Persons".
B.
The following assumptions are factually presumed in the enactment
of this ordinance.
(1)
This ordinance only applies to manufactured home communities operated
as "Housing for Older Persons" under and as defined in Federal and
State Law;
(2)
Projects and/or developments to which this ordinance applies shall
not have children residents nor shall they provide domicile or residency
to any individual who shall be attending any of the local public grade
schools and/or high schools.
(3)
The formula set forth herein below presumes that the owner of any
development to which this ordinance applies shall not make application
for or demand reimbursement from the municipality as is set forth
in N.J.S.A. 40:67-23.3, et seq.
(4)
While this ordinance is applicable only to senior citizen restricted
developments, the formula set forth herein below presumes that the
senior citizen owners/tenants located in a development subject to
this ordinance shall not make application for or demand of a tax deduction
as is defined in N.J.S.A. 54:4-8.41, either as a senior citizen or
as a permanently and totally disabled person.
(5)
That the construction and maintenance of streets, lighting on streets
and other common areas, garbage removal and snow removal shall be
the responsibility of the mobile home park owner and not the Township.
Should any of the aforesaid assumptions be determined to be
inappropriate, illegal, invalid or incorrect then and in that event,
the Township will on an annual basis revise the formula set forth
herein below to take into consideration any or all of the presumptions
deemed to be invalid, unenforceable or incorrect.
A.
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 situated. The mobile home park owner shall
transmit the fees billed to the Tax Collector on a quarterly basis.
Each payment shall be due in satisfaction of the annual Municipal
Service Fee as follows:
First Quarter payment due: April 1st
Second Quarter payment due: July 1st
Third Quarter payment due: October 1st
Fourth Quarter payment due: December 1st
There will be a thirty (30) day grace period for each of the
payments so that the payment will be due no later than thirty (30)
days after the aforementioned due date.
B.
In the event that the quarterly payments set forth above are not
timely paid or not paid, interest shall accrue on the delinquent payment
at an annual interest rate of eighteen percent (18%) from the date
at which the Municipal Service Fee was due and payable. The delinquent
amount and the interest thereupon shall be charged to the delinquent
resident and not to the park owner.
C.
The Tax Collector shall collect and maintain records of the Municipal
Service Fee paid by the mobile home park owner.
D.
The Tax Collector shall notify the mobile home park owner of the
amount of annual Municipal Service Fee no later than August 31st.
E.
The mobile home park owner shall annually, no later than October
31st of the pre-tax year, advise each manufactured homeowner of his/her
pro-rated share of the Municipal Service Fee payable during the subsequent
year.
[Added 6-14-16 by Ord. No. 2016-12]
The quarterly payment as provided herein shall be based upon
the number of units for which a Temporary Certificate of Occupancy
("TCO") or a Certificate of Occupancy ("CO") has been issued in the
previous quarter, or an existing pad site.
The Municipal Service Fee shall be pro-rated as necessary in
order to account for vacancies in the mobile home park. It shall be
the obligation of the mobile home park owner to notify the Tax Collector
of any vacancies in writing. The removal of any property from its
obligation to pay a Municipal Service Fee shall become effective in
the following quarter after the written notice of vacancy is received
by the Tax Collector. It will be the obligation of the mobile home
park owner to turn over all Fees collected from tenants. The mobile
home park owner shall not be responsible for any Municipal Service
Fees which he is unable, despite utilizing reasonable efforts, to
obtain from the tenants.
[Added 6-14-16 by Ord. No. 2016-12]
A.
Purpose. The intent and purpose of the creation of the Municipal
Service Fee is consistent with and pursuant to N.J.S.A. 54:4-1.2,
et seq. The formula establishing the fee is intended to create an
amount paid to the municipality which fairly represents the cost the
municipality provides in services to the mobile home park and reduces
there from the extent to which taxes are assessed and levied pursuant
to Title 54 of the New Jersey Statutes against the land and improvements
thereto.
C.
2022 Establishment of amount of Municipal Service Fee. Beginning
July 1, 2022, the Municipal Service Fee per qualifying unit in accordance
with and pursuant to this ordinance shall be $282.48 per year or $23.54
per month.
[Amended 6-9-2022 by Ord. No. 2022-12]
D.
Annual review and adjustment. The Municipal Service Fee shall be
reviewed and adjusted annually, if necessary and appropriate by applying
the above formula. The Township Committee may establish the adjusted
annual municipal service fee by a resolution approved by a majority
of the Committee with a quorum present. The adjusted Municipal Service
Fee shall be established and the Tax Collector shall notify any qualified
mobile home park of the adjusted amount in accordance with the terms
and provisions hereinabove stated.
[Added 6-14-16 by Ord. No. 2016-12]
In the event the owner of a mobile home park fails to remit
the Municipal Service Fee collected from the owners of a mobile home
park, such owner of the mobile home park shall be liable to the Township
for the Municipal Service Fee, together with the interest thereon,
together with all necessary and reasonable costs incurred by the Township
to collect the Municipal Service Fee including, without limitation,
title search fees, attorney's fees, administrative costs and filing
fees.
[Added 6-14-16 by Ord. No. 2016-12]
The Municipal Service Fee established for each mobile home park
shall be allocated equally among all owners of the manufactured homes
located in such park.
[Added 6-14-16 by Ord. No. 2016-12]
The mobile home park owner shall annually, no later than October
31st of the pre-tax year, advise each manufactured homeowner of his/her
pro-rated share of the Municipal Service Fee, payable during the subsequent
year.
