[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.]
The following terms may have the assigned definitions
for all purposes under this article:
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.
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.
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.
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.
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.
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.
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]
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.
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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X
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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:
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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.
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:
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WARNING:
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OCCUPANCY LIMITATION
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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.
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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.
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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.
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.
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.
