Township of Stafford, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 9-2-1997 by Ord. No. 97-77; amended in its entirety 3-7-2006 by Ord. No. 2006-17. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Certificates of occupancy — See Ch. 81, Art. I.
Land use and development — See Ch. 130.
Property maintenance — See Ch. 158.
Seasonal rental dwellings — See Ch. 173.

§ 164-1 Definitions.

The following terms may have the assigned definitions for all purposes under this article:
REAL PROPERTY
Any type of real estate, including commercial or residential, improved or unimproved lots, single-family homes, multiple dwellings and property held in any manner, including fee simple, condominium or cooperative form of ownership.
STREET ADDRESS
The address at which the person actually resides and shall include a street name or rural delivery route, in addition to any post office box number which may be included.

§ 164-2 Owner registration.

A. 
In accordance with N.J.S.A. 40:48-2.53, whenever an owner of real property situated within the Township does not reside at his property, in the case of residential premises, or does not operate a business at the property, in the case of commercial property, that owner must register with the Clerk of the Township. The owner shall register on a form provided by the Municipal Clerk's office.
B. 
In accordance with N.J.S.A. 40:48-2.53, the Clerk of the Township may forward a copy of any registration made pursuant to this chapter to the Clerk of the County.
C. 
An owner of real property must also comply with the provisions of Article I of Chapter 81, Certificates of Occupancy.

§ 164-3 Violations and penalties.

A. 
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punished by a fine of not 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 in the discretion of 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.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

§ 164-4 Purpose.

Pursuant to N.J.S.A. 40:52-1(n), the Township of Stafford is authorized to license and regulate the rental of real property for a term of less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere which assists shore-area municipalities in controlling seasonal rentals, and in preserving the quality of life for year-round residents of Stafford Township.

§ 164-5 When required.

A. 
Seasonal rental licenses. A seasonal rental license issued by the Code Official shall be required prior to the occupancy of any real property rented for a term of less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. As used in this article, the term "Code Official" shall mean the Township Construction Code Official, his designee or an agency authorized to perform inspections on behalf of the Township.
B. 
It shall be a violation of this article for any person to occupy or use any premises if a required seasonal rental license has not been issued.

§ 164-6 Applicability of Chapter 134, Licensing.

Seasonal rental licenses are deemed to be forms of mercantile licenses. The provision of Chapter 134, Licensing, shall apply to seasonal rental licenses, as enforced hereunder by the Code Official, provided that in the event of any inconsistency or conflict between the provisions of this article and the provisions of Chapter 134, the provisions of this article shall be controlling.

§ 164-7 Number of licenses required.

Every individual dwelling unit meeting the requirements of § 164-5A shall require a separate seasonal rental license.

§ 164-8 Term of license.

Seasonal rental licenses shall be valid for a stated and specific period of time that coincides with the term of the lease or rental not to exceed 174 days; provided, however, that applicants who intend to use premises for short-term rentals of 31 days or less to different tenants during a given period of time of less than 175 days may request a special license that is valid for the entire period of time, in which event a new license will not be required upon a change in the identity of the tenants during that period of time.

§ 164-9 Application procedures.

Seasonal rental licenses. Applications for seasonal rental licenses shall be made in writing, on forms prescribed by the Code Official and signed by the owner of the premises or the owner's authorized agent, and submitted to the Code Official. The Code Official may require proof of agency. Applications for seasonal rental licenses shall not be deemed complete unless the applicant:
A. 
Fully completes the form required by the Code Official for such applications, which shall include at a minimum, the following information:
(1) 
The street address and the tax map lot and block numbers of the premises.
(2) 
The names and mailing addresses and telephone numbers of all owners of the premises.
(3) 
The name, mailing address, and daytime telephone number of the person signing the application.
B. 
Submits the appropriate inspection fee as indicated by § 164-14 herein.
C. 
Provides proof of payment of property taxes, assessments against the property, municipal water charges, municipal sewer charges and any other municipal charges or assessment pursuant to N.J.S.A. 40:52-1.2.
D. 
Provides the information required by Chapter 134, Licensing, as applicable.
E. 
Provides a certification in lieu of an affidavit, on a form to be furnished by the Code Enforcement Officer, in which the property owner acknowledges that he or she has obtained the certification in lieu of an affidavit (copies of which shall be attached to the seasonal rental license application) which has been completed by each of the persons who will be tenants of the dwelling unit stating that they have read and understand the regulations governing seasonal rental licenses, which regulations shall be summarized on the affidavit, and which shall further require each prospective occupant to acknowledge that he or she is aware of the total occupancy limits applicable to the licensed premises. In addition, the affidavit shall contain substantially the following language:
READ THIS IMPORTANT NOTICE
I HEREBY ACKNOWLEDGE that the maximum permitted occupancy of this seasonal rental is _____ persons. I understand that occupancy by a number of persons greater than this maximum limit is a violation of Township ordinance and shall result in the issuing of a summons which carries a fine for a first time offense of not less than $100 to each tenant of the dwelling unit at the time the occupancy limit is exceeded.
I further understand that seasonal rental occupancy limits are strictly enforced, and that they apply to all occupants of seasonal rentals regardless of whether they are tenants or guests.
I certify, swear and affirm, under oath, that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
X
Notice: If anyone has misrepresented the maximum permitted occupancy of this seasonal rental to you, you may have a claim against them under the New Jersey Consumer Fraud Act, N.J.S.A. 56:12-1, et seq.
F. 
Provides in connection with the first application for a seasonal rental license a floor plan of the dwelling unit proposed to be licensed, in a form satisfactory to the Code Official, accurately depicting the locations of the bedrooms, kitchen, bathrooms and other rooms in the dwelling unit, and all routes of ingress and egress; provided, however, that nothing contained herein shall be construed to require that the floor plan be prepared by an architect or other licensed professional.

§ 164-10 Inspections required.

No seasonal rental license shall be issued by the Code Official unless the dwelling unit or premises has first been inspected and determined to be in full compliance with the Township Code, particularly Chapter 158, Property Maintenance. No temporary or conditional certificates of occupancy or conditional licenses shall be issued in connection with any seasonal rental license.

§ 164-11 Inspection reports.

Upon completion of any inspection, the Code Official, or his designee, shall prepare a report listing and describing all violations of this Code within five working days. The report shall describe, where appropriate, any corrective remedies that must be taken for the premises or dwelling unit to comply with the Township Code. The report shall contain the following:
IT IS ILLEGAL TO OCCUPY OR USE, OR TO PERMIT THE OCCUPANCY OR USE OF, THESE PREMISES UNLESS AND UNTIL A LICENSE HAS BEEN ISSUED BY THE CODE OFFICIAL. IF ANY VIOLATIONS ARE NOTED, IT IS THE APPLICANT'S RESPONSIBILITY TO MAKE THE NECESSARY CORRECTIONS AND TO APPLY FOR A REINSPECTION.

§ 164-12 Scheduling of inspections and reinspections; conditions.

The Code Official, or his designee, shall inspect the dwelling unit or premises to be licensed according to the following schedule:
A. 
Initial inspections. For completed applications that are filed before May 1, the inspection shall occur within five business days. For completed applications that are filed after May 1, the inspection shall occur within 10 business days. The Code Official shall, to the extent practicable, schedule inspections in the order in which the completed applications are filed.
B. 
Reinspections. When the inspection report required pursuant to § 164-11 describes corrective remedies that must be taken for the premises or dwelling unit to comply with the Township Code, the applicant shall be required to contact the Code Official to schedule a reinspection of the premises or dwelling unit. For requests for reinspection that are made before May 1, the reinspection shall be conducted within three business days. For requests for reinspection that are made on or after May 1, the reinspection shall be conducted within five business days. For each reinspection of a premises or dwelling unit that occurs after the first reinspection, the next required reinspection will be conducted within five business days after the receipt by the Code Official of the reinspection fee required by § 164-14.
C. 
Conditions of inspection and reinspection. The Code Official shall not inspect any dwelling unit for purposes of issuing a seasonal rental license during a period it is occupied by another tenant, regardless of whether the tenant is present at the time of the inspection. The Code Official shall not inspect or reinspect any dwelling unit for purposes of issuing a seasonal rental license unless and until all utilities, including without limitation, electric, water and natural gas utilities are connected and in service.

§ 164-13 Filing and service of inspection reports.

The original of any inspection or reinspection reports shall be filed with the Code Official. The Code Official shall provide legible copies to the person who executed the application. All inspection and reinspection reports shall be available for public inspection.

§ 164-14 Fees.

The Code Official shall charge and collect the following fees:
A. 
For applications for seasonal rental licenses: $100.
B. 
For applications for reinspection: $50.

§ 164-15 Occupancy limitations applicable to seasonal rental licensed dwelling units.

A. 
Each seasonal rental license shall state thereon the maximum permitted occupancy of the dwelling unit as calculated by the Code Official pursuant to and in accordance with the Township Code and the International Property Maintenance Code, as applicable.
B. 
Each seasonal rental license shall contain the following warning in bold-faced type:
WARNING:
OCCUPANCY LIMITATION
The maximum permitted occupancy of this seasonal rental licensed dwelling unit is __________ adults. This occupancy limitation will be strictly enforced. No warnings will be given.
Each tenant of the dwelling unit at the time of the violation of this occupancy limitation shall be issued a summons for overcrowding which carries a fine of $100 each for the first violation of this occupancy limitation. Successive violations may result in higher fines, and/or may result in the revocation of the seasonal rental license for the duration of the season.

§ 164-16 Fire prevention regulations applicable to seasonal rental licensed premises.

A. 
No bedroom door in any seasonal rental licensed dwelling unit shall be equipped with a padlock, combination, or keyed lock that is designed or intended to be locked from the outside of the bedroom.
B. 
The smoke detectors in every seasonal rental licensed dwelling unit shall be in working order at all times.
C. 
Each structure that contains one or more seasonal rental licensed dwelling units having a combined maximum permitted occupancy of eight persons or more, shall meet or exceed the following requirements:
(1) 
Every interior common area in the structure shall be equipped with an approved smoke detection system, which system shall be powered by an alternating current (AC) constantly active electric circuit that cannot be deactivated by the operation of any interconnected switching device and shall comply with NFPA 70-93 (National Electrical Code) requirements;
(2) 
Every structure containing sleeping rooms on a third floor or higher, which floor is located more than 16 feet above the ground, must have an approved fire escape in addition to an approved means of egress;
(3) 
All doors in the structure opening onto a passageway at grade or exit stair shall be self-closing or automatic closing by listed closing device; and
(4) 
All corridor doors in the seasonal rental licensed dwelling unit shall be at least 1 3/8 inch solid core wood or approved equal with approved door closers and shall not have any glass panels, other than approved wire glass in metal frames. Corridor doors shall not be constructed of hollow core wood, shall not contain louvers and shall not be of panel construction. Doors shall fit both plumb and level in frames, and be reasonably tight fitting. All replacement doors shall be 1 3/4 inch solid core wood or approved equal, unless existing frame will accommodate only a one and 1 3/8 inch door.
D. 
No curtains, sheets, cardboard or any other material of any kind shall be used to erect temporary partitions between beds or sleeping areas in any seasonal rental licensed dwelling unit.

§ 164-17 Sleeping in vehicles on licensed premises is prohibited.

It shall be unlawful for any person between the hours of 1:30 a.m. and 8:30 a.m. to sleep in a vehicle parked on a premises containing a seasonal rental licensed dwelling unit.

§ 164-18 Signage.

It shall be unlawful for any person to affix to, hang from, or otherwise display on the exterior of any structure or premise containing a seasonal rental licensed dwelling unit during any period the license is in effect, any sign, advertisement, banner, poster, cut-out figure, or other display advertising a commercial product or service, or to display strings of electric lights. Nothing contained in this subsection shall be construed to prohibit or otherwise restrict advertising of the rental of a seasonal rental licensed dwelling unit in accordance with the Township Code.

§ 164-19 Parking restrictions.

It shall be unlawful for any person to park any vehicle at any time on a property containing a seasonal rental licensed dwelling unit in any front yard, side yard or rear yard, as defined by § 130-2, Definitions, of the Land Use and Development Regulations of the Township of Stafford, unless the vehicle is parked entirely on a driveway paved with asphalt, concrete pavers or gravel, or in a parking area constructed in accordance with a site plan approved by the Planning Board. Any driveway or parking space constructed of gravel shall have edges that are clearly delineated by a wooden or masonry curb.

§ 164-20 Violations and penalties.

A. 
Any person violating or failing to comply with any of the provisions of this article 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.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
C. 
In addition to the foregoing, the Code Official shall immediately, upon discovering any violation of Subsections A, B, C or D of § 164-16, or any other condition or hazard that creates a health or fire hazard to the occupants of the property, order that the seasonal rental licensed dwelling unit be vacated, and shall placard the same, and shall prohibit re-occupancy of the premises until such time as the unsafe condition has been corrected and the Code Official has reinspected the property and determined that the unsafe condition has been corrected and that the property is otherwise safe from fire and other hazard. Reinspections pursuant to this section shall be governed by the provisions of this article.