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.
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.
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.
Every individual dwelling unit meeting the requirements of §
164-5A shall require a separate seasonal rental license.
[Amended 10-26-2021 by Ord. No. 2021-23]
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. Applicants with a short-tem rental license must notify the Code Official, in writing, upon a change in the identity of the tenants and shall provide the duration of the rental and the contact information of any tenants provided to the applicant along with a certification as set forth in §
164-9E; a separate inspection of the premises shall not be required upon each such change in tenancy.
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.
(4) The
name, mailing address, and telephone number of the owner or person
designated by the owner to be called upon and be responsible at all
times during the period of a short-term rental and to answer for the
maintenance of the property, or the conduct and acts of occupants
of the short-term rental property.
[Added 10-26-2021 by Ord. No. 2021-23]
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:
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READ THIS IMPORTANT NOTICE
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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.
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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.
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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.
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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.
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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.
[Added 10-26-2021 by Ord. No. 2021-23]
A seasonal rental license application may be denied by the Code
Official if, in the preceding year, at least three separate occasions
of disorderly, indecent, tumultuous or riotous conduct upon or in
proximity to the seasonal rental premises, and attributable to the
acts or incitements of any of the tenants, guests, or occupants of
the applicant's premises, have been substantiated by prosecution and
conviction in any court of competent jurisdiction.
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.
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.
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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.
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.
The Code Official shall charge and collect the
following fees:
A. For applications for seasonal rental licenses: $100.
B. For applications for reinspection: $50.
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.
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.
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.