Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents

§ 231-27 Scope.

The provisions of this article shall apply to all single-, two-family and multifamily rental dwellings in the Borough as defined by the Borough's Housing, Zoning and Land Use Ordinances and Regulations (Chapter 165).

§ 231-28 Rental compliance license required.

No owner shall rent, lease or let a dwelling unit in the Borough to any person without first obtaining a rental compliance license.

§ 231-29 Application for license.

A. 
The applicant for the license shall provide the following information on the required application form:
(1) 
The location of the dwelling unit: block and lot, zone and street address.
(2) 
Name, address and phone number of the property owner.
(3) 
Affidavit of any variances granted to the property.
(4) 
Name of tenant.
(5) 
Number of tenants occupying each in dwelling unit.
(6) 
Maximum occupancy of each dwelling unit.
(7) 
Total number of dwelling units on the premises.
(8) 
Number of off-street parking spaces available.
(9) 
A statement from the Housing Office of the Borough that all facilities required by the ordinances and regulations are complied with, and a statement that any and all zoning approvals associated with the use of the property have been obtained.
B. 
In the event that the premises exists as a valid preexisting nonconforming use of structure, said permit must include the affirmative findings by the Housing Officer that the change does not alter the extent of any nonconformity, including coverage, parking or intensity of use.
C. 
The Borough may, at its discretion, make or cause to be made a thorough investigation upon the information which the Borough may obtain and determine whether or not such license shall be granted, renewed or suspended.
D. 
The Municipal Clerk shall maintain a database containing all of the information provided by the applicant on the license application form. The Municipal Clerk shall make available this information upon request of the local Housing Officer, Zoning Officer, Health Officer, Construction Department, Police Chief, Fire Chief, President of the First Aid Squad and the Wharton School Board for the use of their departments only. All other requests for this information shall be processed by the Custodian of Records of the Borough of Wharton in accordance with N.J.S.A. 47:1a-1 et seq.

§ 231-30 Issuance of license.

A. 
All licenses shall be issued by the Municipal Clerk. The Housing Officer shall be empowered to deny approval of a request for a rental compliance license where there is a question as to whether the premises or use constitutes a conforming or a valid preexisting nonconforming use or structure, or there is question as to whether the change alters the coverage, parking or intensity of use for the premises, or the dwelling does not meet all housing ordinances and requirements.
B. 
The Borough shall have the power to institute daily fines and/or property liens if any provision of the requirements are violated.

§ 231-31 Occupancy.

A. 
No person shall occupy any dwelling unit nor shall the owner permit occupancy of any dwelling unit unless the unit is licensed in accordance with this article.
B. 
The owner shall post the maximum number of occupants in a conspicuous area within the dwelling unit. It shall be unlawful for any person, including the property owner, agent or renter, to allow a greater number of persons than the posted maximum to reside in the rental unit.
C. 
Only the maximum total number of occupants, as permitted by this chapter, may occupy the premises. It shall be unlawful for any other person to occupy any dwelling unit. This provision may be enforced against the owner, tenant or the other person occupying the premises.
D. 
Changes in tenancy must be reported to the Municipal Clerk immediately, provided that, if the name of the renter has not changed and the maximum number of occupants has not been exceeded, this update will not require the issuance of a new license.
E. 
In every written lease for each dwelling unit the owner will include a statement setting forth the maximum number of persons permitted to occupy the unit and the location of designated and permitted sleeping areas.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 231-32 Filing date for initial compliance.

A. 
Every owner who currently rents or leases a single-, two-family or multifamily unit must apply for a rental compliance license on or before January 1, 2006. Changes in tenancy thereafter must be reported to the Municipal Clerk immediately and are subject to the issuance of a certificate of habitation.
B. 
A sample application for a rental compliance license is provided below:
Sample Permit Application
Borough of Wharton — Rental Compliance License
1.
Rental dwelling unit location
Block:
Lot:
Zone:
2.
Property owner(s):
Name:
Address:
Phone No.
3.
Affidavit of variance(s):
Identify any previously granted variance(s) for this property. Provide date variance granted and nature of variance granted:
4.
Name(s) of renter(s)
Address of renter(s)
Telephone No. of renter(s)
5.
Number of residents living in dwelling unit:
6.
Maximum occupancy:
(Bedroom with 1 person — minimum 70 square feet)
(Bedroom with 2 or more persons — minimum 50 square feet per person)
7.
Total number of rental units on property:
8.
Number of off-street parking spaces available per unit:
For Official Use
Housing Officer approval:
Date application received:
Permit application approved: Yes _____ No_____
Comments/Reasons for Refusal:
I, ______________________, Property Owner(s)/Agent of the premises identified herein, do hereby attest that the information provided on this application is true and that any change in the number/type of residential units or number of tenants will be reported to the Borough of Wharton immediately to facilitate up-to-date Borough records.
Signature:
Owner(s)/Agent
Date:
Sworn to and subscribed
Before me this
Day of _________________ 20___.
Notary Public