Upper Township City Zoning Code
§ 20-4.17
"MH" Mobile Home District.
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the "MH" Mobile Home District is to accommodate development of mobile home parks to provide affordable housing in accordance with the Township's Housing Element and Fair Share Plan. The mobile home parks will provide market-rate age-restricted housing in addition to affordable family housing. On-site community package treatment plant facilities are permitted to accommodate the increased density and provide for improved water quality and stormwater runoff.
b.
Permitted Uses. The permitted principal uses pertaining to the "MH" Mobile Home District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
1.
The mobile home park shall provide a minimum of 20% of the total mobile home units affordable to low and moderate income families. These affordable housing units shall be rental family units. The units shall be marketed and rented consistent with the New Jersey Council on Affordable Housing regulations and the Township's affordable housing regulations.
2.
The remainder of the units within the mobile home park shall be designed as an age-restricted mobile home development. The parcel shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted for no more than eight weeks during any twelve-month time period. One temporary resident who provides necessary health care to a permanent resident of the dwelling units may be 21 years of age or older, provided that such an individual may not be accompanied by any person(s) intending to reside at the premises of the unit temporarily or otherwise.
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Accessory Uses. The permitted accessory uses pertaining to the "MH" Mobile Home Park District are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[2] except as modified or supplemented by this section.
1.
Service and accessory buildings, including an office-storage building for the sale of land, storage of maintenance equipment, conduct of general office functions in relation to operation of the park.
2.
Sewage treatment plant or other utility service installations for the sole purpose of serving park residents and provided that such plant(s) and other installation(s) are approved and supervised by appropriate County, State and Federal rules, regulations and agencies.
3.
Off-Street Parking. For each mobile home, two off-street parking spaces shall be provided in the following manner:
(a)
No less than one off-street parking space per each individual mobile home lot.
(b)
The remaining required spaces shall be provided in common parking facilities to be conveniently located throughout the mobile home park. Such common facilities shall be located so that no trailer or mobile home is more than 250 feet from such a facility. Each common parking area shall be paved, drained and lighted in accordance with Township standards. No more than 10 cars may be parked in any common parking area.
4.
No part of any park shall be used for nonresidential purposes, except such uses as are required for the direct servicing and well-being of park residents and for the management of the park.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "MH" District are provided on Schedule C Area and Yard Requirements[3] except as modified or supplemented by this section.
1.
The mobile home park tract shall be in a minimum of 20 acres.
2.
A maximum density of seven mobile homes shall be permitted per acre. Where the mobile home park involves an expansion of an existing mobile home park, the maximum density shall apply to the mobile home park expansion area only. Likewise, the affordable housing obligation shall apply only to new development.
3.
Tract boundary setback shall be 75 feet. This setback shall be landscaped. The required buffer and landscape planting may be located within the tract boundary setback. No roads, parking or buildings or structures shall be located within tract boundary setback with the exception of access driveways serving the development and/or bike/jogging paths.
4.
Mobile home spaces shall be a minimum of 5,000 square feet for each space, and each space shall be a minimum of 50 feet in width.
5.
Mobile homes shall be placed on each space so that there will be two side yards each of a minimum of five feet, and front yard of a minimum of 20 feet and rear yard of a minimum of 10 feet. All yard setbacks shall be unoccupied by anything other than underground utilities, landscaping, sidewalk or driveway.
6.
Mobile home spaces shall be arranged so as to face upon a driveway, with unobstructed access, using such driveway, to a public street or highway.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
e.
Affordable Housing Requirements. Each affordable mobile home park unit shall comply with the rules set forth by COAH at N.J.A.C. 5:91, Procedural Rules, and N.J.A.C. 5:93, Substantive Rules, including but not limited to:
1.
Each affordable unit shall be marketed via an affirmative marketing program.
2.
Each Mobile Home Park shall maintain designated pads for affordable units.
3.
Rental costs for affordable units shall be consistent with current fees established by COAH.
4.
All affordable units shall be registered with the Township's Municipal Housing Liaison.
f.
Other Requirements. All mobile home parks shall comply with the following conditions and requirements:
1.
Landscape Buffer.
(a)
A fifty-foot wide landscape buffer shall be provided. The landscape buffer shall consist of a fence and an evergreen landscape planting to provide a visually opaque screen between the mobile home park and adjacent residential zone district properties.
(b)
The landscape buffer shall consist of a fence a minimum six feet in height and located at the landscape buffer line. The fence shall be constructed of materials to form an attractive, visually opaque screen between the mobile home park and adjacent residential properties. Wood, metal, heavy duty vinyl or masonry fence materials may be specified; however, metal chain link fencing with slat inserts or similar open type fence materials are not permitted. The fence shall be of solid heavy duty construction. It will be maintained and replaced if needed throughout the life of the mobile home development.
2.
Minimum Open Space Required. Not less than 5% of the gross area of the park must be retained as open space or improved for recreational activity for the residents of the mobile home park. The common open space shall be dedicated or otherwise preserved and maintained so as to always remain open and available for use by the residents or as otherwise approved by the Planning Board, and that such open space will be preserved and maintained in perpetuity.
3.
All mobile home park roads shall provide convenient circulation and be at least 24 feet wide. An unobstructed access road to a public street or highway is required. Emergency access may also be required.
4.
Roads, parking areas and stormwater management system shall be designed and constructed in accordance with the Residential Site Improvement Standards.
5.
Public walks shall be provided and constructed of concrete or other suitable material approved by the Township Engineer. Said walkways shall not be less than 48 inches in width.
6.
Public areas of a mobile home park shall be adequately lighted so as to permit safe movement of vehicles and pedestrians at night.
7.
Mobile Home Requirements.
(a)
Mobile homes shall be installed upon and securely fastened to a frost-free foundation or footer, and in event they shall be erected on jacks, loose blocks or other temporary materials.
(b)
An enclosure shall be erected around the entire base of mobile home and shall be constructed of material that provides the appearance of a block foundation with stucco finish. Such enclosure shall not be erected on jacks, loose blocks or other temporary materials.
(c)
Additions shall be constructed as a permanent structure and shall require the prior written approval of the mobile home park owner.
(d)
Each mobile home space shall have a patio of not less than 200 square feet, either open or enclosed.
(e)
Replacements. As of the effective date of this chapter, replacement of a mobile home by another mobile home on an approved mobile home lot shall be permitted provided that all yard requirements and other site requirements are met.
(f)
Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities; however, this shall not apply to the rental affordable mobile home units.
(g)
Each mobile home space shall have and maintain a minimum of 400 square feet of landscape area in which shrubs and/or flowers shall be planted and maintained.
8.
Utilities.
(a)
All electric, telephone and television service shall be so installed as to be beneath the surface of the ground.
(b)
The plumbing of all mobile homes and for the mobile home park shall be in accordance with the requirements of the National Standard Plumbing Subcode of the Uniform Construction Code of New Jersey.
(c)
The water supply and distribution shall be in accordance with the requirements of the New Jersey State Drinking Water Act regulations published by the New Jersey Department of Environmental Protection.
(d)
Sanitary sewers and sewage treatment plants shall be installed in accordance with the requirements of the New Jersey Department of Environmental Protection rules and regulations for the design and construction of sanitary sewers and sewage treatment plants.
(f)
The storage, collection and disposal of refuse in the mobile home park shall not be so conducted as to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
(g)
The storage and handling of fuel oil and flammable liquids shall be in compliance with the pertinent standards of the Uniform Construction Code of New Jersey.
(h)
Fire protection. The owner of every mobile home shall equip said mobile home at all times with one fire extinguisher rated for Class B and C fires as a minimum and in good working order.
9.
Signs. Each mobile home park operator shall cause to be constructed and affixed to each individual mobile home space one wooden, metal or plastic signboard not less than four inches in height or 18 inches in width upon which shall be painted or otherwise permanently affixed the number of said individual mobile home space, which number shall correspond to the number of said individual mobile home space as shown on the diagram filed with the Township Clerk. The numbers used on said signboard shall be at least four inches in height and have a thickness enabling them to be read at a distance of 20 feet. All such signboards shall be uniformly erected in each mobile home park, being attached to a post or other permanent object, between three feet and six feet from the ground and shall be kept clearly visible from the nearest driveway. Signboards shall be numbered in a light color on a dark background.
10.
Responsibilities of Park Management.
(a)
In every mobile home park there shall be an office established which may be either in a mobile home or permanent building which shall be the office of the person in charge of said park. A copy of the park license and of this chapter shall be posted therein, and the park register as hereinafter referred to in this section shall at all times be kept in said office.
(b)
It is hereby made the duty of the attendant or the person in charge of the office, together with the licensee, to:
(1)
Keep at all times a register containing a record of all mobile home owners located within the park. Said register shall be kept available for inspection at all times by State, Federal and Township law enforcement officers, public health officials and other officials whose duties necessitate the acquisition of the information contained in the register. The register records shall not be destroyed for a period of three years following the date of registration. The register shall contain the following information: the names and permanent addresses of all mobile home owners.
(2)
Maintain the park in a clean, orderly and sanitary condition at all times.
(3)
See that the provisions of this chapter are complied with and enforced and report promptly to the proper authorities any violation of this chapter or any other violation of law which may come to his attention.
(4)
Report to the Health Officer all cases of persons or animals affected or suspected of being affected with any communicable disease.
(5)
Prevent the running loose of dogs, cats or other animals or pets.
(6)
Shall require all owners of mobile homes within the park to maintain said mobile home in clean manner and any mobile home to be determined to be deteriorated by the Construction Code Official, Municipal Housing Liaison or Municipal Engineer shall be required to be replaced.