[HISTORY: Adopted by the Township Committee
of the Township of Stillwater 8-18-1998 by Ord. No. 98-4 (Ch. XXII of the 1971
Revised General Ordinances). Amendments noted where applicable.]
It shall be unlawful for any person, partnership,
firm, corporation or entity to establish, operate, maintain, occupy,
offer for occupation or permit to be established, operated, maintained,
occupied or offered for occupation, upon any property owned or controlled
or leased by such person, a motel, hotel, rooming house, boardinghouse
housing boarders, bed-and-breakfast and/or inn without first having
secured a license from the Township of Stillwater to operate such
establishment. Said license shall be for a period of no longer than
one year, commencing January 1 and terminating December 31 of said
year, and shall be renewable for additional periods of one calendar
year. Such license(s) shall not be transferable from one person, partnership,
firm, corporation or entity except as provided in this chapter.
In this chapter, the following terms shall have
the following meanings:
BED-AND-BREAKFAST
A private residence which provides overnight lodging for
transient paying guests, including, but not limited to, traditional
bed-and-breakfasts, Airbnbs and similar guest lodging.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
BOARDINGHOUSE
A dwelling unit or part thereof which contains two or more
units of dwelling space arranged or intended for single-room occupancy,
wherein personal or financial services are provided to the residents.
"Financial services" means any assistance permitted or required to
be furnished by an owner or operator to a resident in the management
of personal financial matters, including but not limited to cashing
of checks, holding of personal funds for safekeeping in any manner
or assistance in the purchase of goods or services with a resident's
personal funds. "Personal services" means any services permitted or
required to be furnished by an owner or operator to a resident, other
than shelter, including but limited to meals or other food services
and assistance in dressing, bathing or attending to other personal
needs.
HOTEL
A building which contains furnished living units for transient
occupants and in which no living unit contains more than two rooms,
exclusive of bathroom, foyer, closet or dressing area, terraces or
balconies, and providing, among other things, such services and features
as a lobby, mail and valet services, linens, central dining rooms,
lounges, concessions, room service, dispensary, game and hobby rooms
and public assembly areas, as well as other services and features,
including twenty-four-hour desk service.
INN
Essentially a hotel where at least two daily meals are regularly
served, alcohol may be purchased/consumed on site and there are living
units available as described under the definition of "hotel" above.
MOTEL
A building which contains living or sleeping accommodations
for transient occupancy and has individual entrances to each unit
and provides some or all of the amenities/services of a hotel.
ROOMING HOUSE
A boardinghouse wherein no personal or financial services
are provided to the residents.
TRANSIENT OCCUPANCY
Occupancy of any facility required to be licensed pursuant
to the terms of this chapter for a period not exceeding 30 consecutive
calendar days.
Nothing herein shall prevent the permanent occupancy
of the owner or operator of the licensed premises, and, in the case
of a hotel or motel having in excess of 20 units, one additional room
may be permanently occupied by an employee of the licensed premises.
A. The application for issuance of a license shall constitute the consent of the applicant to an inspection of the entire licensed premises during regular business hours by the Township-designated enforcement official, as well as inspectors of all other agencies of the Township of Stillwater or any other governmental agencies or officials having jurisdiction for the purpose of determining whether there is any violation on the premises of any ordinances of the Township or any law, rule or regulation of the State of New Jersey. Inspections shall be made prior to the issuance of any initial license and for the renewal of any license and prior to October 15 of each year by each of the officials specified in §
223-12 of this chapter.
B. Each applicant for such license shall make written
application on forms prescribed by the Township or its designee and
supplied by the Township Clerk, setting forth:
(1) The full name, residence and post office address of
the applicant(s).
(2) The exact location of the proposed licensed premises,
giving the street address, the block and lot numbers as shown on the
Tax Map of the Township of Stillwater, the zoning district in which
the property is located and the exact dimensions of the land upon
which the business is to conducted.
(3) A description of the building, structure and accommodations
upon said land, including a sworn statement of the number of sleeping
units, the maximum number of persons who can be accommodated at any
given time, a description of the character of said building or structure
as to the size, type of construction, whether or not the same is fireproof
or has fireproof walls and a description of the automobile parking
spaces and facilities.
(4) The name, address and owner(s) of said lands and buildings
and the name and address of the individual(s) or firm renting said
buildings; in the event that the entity who owns or leases the licensed
premises is a corporation, the name of the registered agent and the
name and address of the officer(s) of the corporation and the particular
position they hold, as well as the name and address of any stockholder
holding 5% or more of the stock, directly or indirectly, or in any
way beneficially, of the corporation which is seeking a license.
(5) The name(s) of the person(s) on the licensed premises
upon whom process may be served and the name(s) of the person(s) in
charge of the premises.
C. The application shall be accompanied by payment of
the amount of the license fee for the period involved.
D. If the applicant is not the owner(s) of the site where
the business is to conducted, the owner's sworn written consent to
the conduct of the business described in the application shall be
annexed to the application.
At least 60 calendar days prior to the expiration
of the existing license (and no later than October 31), any applicants
shall make an application to the Township, via the Township Clerk,
upon forms issued by the Township or its designee for the renewal
of said license. This section shall apply to any person required to
have a license issued pursuant to this chapter.
A. Upon the filing of an application for issuance of
a new license or for the renewal of a license, the Township Clerk
shall forthwith forward a copy of such application to the Township
(or other applicable) Health Officer, Fire Inspector, Plumbing Inspector,
Construction Official, Zoning Officer and any other authorized municipal/county/state
agency having the duty to inspect premises regulated by this chapter.
Each of these foregoing officials shall inspect the applicable premises
to determine whether or not the premises comply with the rules and
regulations and ordinances of the Township of Stillwater and the State
of New Jersey. If the premises do comply, the respective officers
shall provide the Township Clerk with a written certificate of such
approval. If all applicable approvals are received, then the Township
Clerk shall issue a license in accordance with the terms and conditions
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. If the premises do not comply, the respective inspectors or officials shall provide to the Township Clerk a written report setting forth the specific violation of applicable ordinances, statutes, rules, regulations and/or standards. The Township Clerk shall thereupon transmit a copy of such report, by regular mail, citing said violations to the applicant, together with written notice that the license for the property will not be issued until the violations referred to are corrected. The applicant shall then have the right to request a hearing before the Township Committee to reconsider the denial of the license pursuant to §
223-8 of this chapter. Such request must be made in writing and filed with the Township Clerk.
C. All written reports and certificates by the various
officers charged with making an inspection under this chapter shall
be completed within 21 calendar days from the time the application
is made and filed with the Township Clerk. All written reports and
certificates shall be transmitted to the Township Clerk.
A. Separate and apart from the requirements of this chapter,
the Township has elected to license boardinghouses and rooming houses
within the Township of Stillwater. All regulations under this chapter
shall not be inconsistent with the provisions of N.J.S.A. 55:13B-1
et seq. Upon adoption of this chapter, the Township shall be required
to notify the Commissioner of the New Jersey State Department of Community
Affairs or designee of its desire to elect to license such premises.
B. Such premises, upon application and inspection, must
establish that:
(1) They are in compliance with all applicable building,
housing, health and safety codes and regulations. Inspections performed
by a municipal enforcement agent under a contractual agreement with
the Department of Community Affairs pursuant to N.J.S.A. 55:13B-1
et seq. may be deemed by the Township to satisfy the necessary investigation
requirements.
(2) The location of such premises will not, in conjunction
with the proximity of other rooming houses and boardinghouses, lead
to an excessive concentration of such facilities in the Township.
(3) As to the owner(s) of the premises: if a natural person(s),
the person(s) is 21 years of age or older, a citizen of the United
States and a resident of New Jersey and never convicted in this state
or elsewhere of a crime involving moral turpitude or of any crime
under any state law licensing or regulating a rooming house or boardinghouse
and having never had a license required under N.J.S.A. 55:13B-1 et
seq. revoked; if a corporation, that all officers or members of the
board of directors and every stockholder holding 10% or more of the
stock of the corporation, directly or indirectly having a beneficial
interest therein, have the same qualifications as set forth herein
for a natural person(s).
(4) With respect to the operator or proposed operator,
that the operator meets the requirements for licensure by the Department
of Community Affairs.
(5) The owner and operator, either individually or jointly,
have established sufficient guaranty of financial and other responsibility
to assure appropriate relocation of the residents of the rooming house
or boardinghouse to suitable facilities in the event that the license
is subsequently revoked or its renewal denied. The Department of Community
Affairs shall determine, in the case of each type of rooming and boarding
house under its jurisdiction, what constitutes suitable facilities
for this purpose.
C. The owner of the rooming house or boardinghouse must
pay all Township property taxes due and owing on the rooming and boardinghouse
prior to license renewal. As to the initial application, the applicant
must have paid all Township property taxes due and owing on any other
rooming and boardinghouse located within the Township and owned by
the applicant, provided that the owner has received written notice
of any payment delinquency which has remained unpaid for more than
120 calendar days.
D. The applicant has complied with the regulations adopted
in accordance with N.J.S.A. 40:52-10.
E. Revocation or refusal to renew a license.
(1) The Township may revoke or refuse to renew, under
the procedures set forth in this chapter, a license granted under
this chapter for any of the following reasons:
(a)
A finding that there was misstatement of material
fact in the application upon which the license was issued;
(b)
The occurrence of any fact which, had it occurred
and been known to the Township before issuance of the license, would
have resulted in the denial of the application;
(c)
Repeated violations or prolonged failure to
correct any violations of any applicable building, health, housing
or safety code or regulations;
(d)
Refusal to allow access to any portion of the
licensed premises at all reasonable times, with or without advance
notice, in order that officers or agents of the Township or any official
charged with enforcement within the Township of any building, health,
housing or safety code or regulations applicable to the premises may
determine compliance with such codes or regulations;
(e)
Revocation by the New Jersey State Department
of Community Affairs of the operator's license or other authorization
to operate a rooming or boardinghouse on the premises;
(f)
Notification by the New Jersey State Department
of Community Affairs that the premises are not or are no longer suitable
for operation of a rooming or boardinghouse on the premises;
(g)
Failure or refusal to comply with any lawful
regulation or order of the Township; and/or
(h)
A determination by the Township that the issuance
or renewal of a license to such a person would be contrary to the
best interests of the residents of any rooming or boardinghouse or
of the public generally.
(2) Furthermore, and in addition to any other requirements
of this chapter, a license shall not be revoked until five calendar
days' prior notice of the grounds therefor has been served upon the
licensee, either personally or by certified mail, return receipt requested,
addressed to the licensee at the licensed premises and a reasonable
opportunity given to the licensee to be heard thereon.
A. Upon receipt of an appeal by the Township Clerk, the
Township Committee shall set a date for any hearing to be held on
the denial or conditional denial of any application at a reasonable
time thereafter. However, such appeal hearing shall be held not later
than 30 calendar days from the receipt by the Township of the written
request for a hearing unless the applicant consents to a postponement.
B. A copy of all reports, certificates or investigations
shall be made available to the applicant, if he so requests, at least
seven calendar days prior to any hearing date set by the Township
Committee on a particular license.
C. After considering all of the evidence with respect
to the application, the Township Committee may uphold the denial,
direct that the license be granted or take other appropriate action
for good cause. The action of the Township Committee shall be memorialized
in the form of a resolution, which shall state the reasons for the
action taken by the Committee. Said resolution shall be adopted within
30 calendar days after the date of the hearing unless the applicant
consents to a longer period of time.
Any license issued pursuant to this chapter
shall be kept and displayed in a conspicuous place upon the licensed
premises at all times. The license shall specify whether it is issued
to the premises for operation as a hotel, motel, rooming house, boardinghouse,
bed-and-breakfast and/or inn and shall state that the licensee shall
at all times comply with all other applicable ordinances and laws
of the Township of Stillwater or State of New Jersey.
The holder of a license issued pursuant to this
chapter shall be deemed to have given the Township of Stillwater,
through its officers, agents and employees, access to the licensed
premises to inspect the same at any time during normal business hours,
and it shall be unlawful to refuse such access or impede, hinder or
interfere with any official in the proper performance of his duties.
Should the Township or any of its (or other
applicable) enforcing officials find that any licensed premises is
being operated in violation of the provision of this chapter or other
Township ordinance or in violation of any regulation or law of the
State of New Jersey, such fact shall be reported to the Township Committee
immediately. The Township Committee shall thereupon fix a date for
a hearing on said matter and notify the owner or operator of the licensed
premises to appear and respond to the allegations concerning such
violations. If, after such a hearing, the Township Committee finds
that there are violations, the Township Committee may suspend such
license until the violations have been remedied or, where warranted,
may revoke the license. The hearing on any alleged violation shall
be commenced within 20 calendar days from the date that the complaint
shall have been filed and shall be completed within 45 calendar days
thereafter. Any action or decision made by the Township Committee
shall be set forth in a resolution which shall be adopted within 30
calendar days from the date of the Township Committee's decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Zoning Officer is designated as the principal
officer charged with the enforcement of this chapter. However, the
Health Officer, Fire Inspector and/or Construction Official shall,
within the respective areas of their authority, take all steps necessary
for the enforcement of provisions of this chapter. Reference to the
term "the enforcing official" in this chapter shall apply to any of
the officials specified herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Nothing contained herein shall prevent the Township
of Stillwater or the officers of the Township or any other law enforcement
officer or other applicable official from proceeding against a licensee
who is in violation of any of the provisions of this chapter by filing
a summons in the Joint Municipal Court of the Township of Wantage,
the Borough of Sussex, the Township of Stillwater and the Borough
of Branchville or from seeking injunctive relief, fines and penalties
or any other remedy provided by law.
Every licensed hotel, inn and/or motel shall
comply with the following regulations:
A. There shall be maintained at all times a complete
register of all rentals therein set forth and the true identification
and correct dates of occupancy of each person using any room in the
licensed premises, which register shall also set forth the license
number of any vehicle owned or used by any occupant and the state
issuing said license;
B. There shall be no cooking in the rooms except where
kitchenette facilities have been approved by the appropriate municipal
agency or agencies for specific rooms and have been installed in full
compliance with all applicable codes;
C. No licensee shall knowingly rent any room on the licensed
premises to be used for any immoral or illegal purposes nor shall
any licensee allow or permit any immoral or illegal activities to
continue on said licensed premises after having knowledge thereof;
and/or
D. All structures, buildings, dwellings, houses or parts
thereof used for the purposes herein regulated shall comply with the
requirements of state laws and regulations and with the requirements
of this chapter or any other applicable ordinance of the Township.
A. All fire escapes shall comply with the rules, regulations
and ordinances of the Township of Stillwater and all statutes, rules
and regulations of the State of New Jersey. An exit light shall be
installed in the passageway or doorway leading to any such fire escapes.
Doors leading to fire escapes shall be unlocked from the inside at
all times and shall open outward.
B. All structures, buildings, dwellings, houses or parts thereof shall comply with the New Jersey Uniform Construction Code; New Jersey Uniform Fire Code; Chapter
240, Land Development; and other applicable Township ordinances and state regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every licensee shall report to the enforcing
official or the Township Clerk of the Township of Stillwater all cases
of persons or animals that are infected, or suspected of being infected,
with any communicable disease in or about the licensed premises, unless
otherwise prohibited by law.
A. All premises with five or more rental/dwelling units
and every hotel, irrespective of the number of rental/dwelling units,
shall be equipped with smoke detectors or smoke alarms, or both, in
conformance with the rules and regulations promulgated by the New
Jersey State Department of Community Affairs, which shall specify
the number, location, specifications, maintenance and periodic testing
of smoke detectors and smoke alarms based upon the construction, size
and design of such building.
B. All premises with five or more rental/dwelling units
shall provide handicapped parking pursuant to the provisions of N.J.S.A.
55:13A-7.3.
A. Annual fees.
(1) Bed-and-breakfast and inn (three or more rooms). The
annual fee for each bed-and-breakfast and inn license issued hereunder
shall be the sum of $50, plus $10 for each unit containing sleeping
quarters.
(2) Boarding or rooming house. The annual fee for each
boarding or rooming house license issued hereunder shall be the sum
of $50, plus $10 for each unit containing sleeping quarters.
(3) Hotels. The annual fee for each hotel license issued
hereunder shall be the sum of $50, plus $10 for each unit containing
sleeping quarters.
(4) Motels. The annual fee for each motel license issued
hereunder shall be the sum of $50, plus $10 for each unit containing
sleeping quarters.
B. Payment of said fees shall accompany the filing of
all applications, whether initial or renewal. Renewal applications
shall be submitted to the Township Clerk on or before October 31 of
each year for a license for the following year.
Any person, firm, partnership, corporation or entity violating any provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Chapter
1, Article
III, General Penalty, of the Code of the Township of Stillwater.
Any applicant or licensee violating any provision of this chapter shall, in addition to any penalty, reimburse the Township for extraordinary costs or expenses incurred by the Township resulting from such violation as provided in Chapter
248, Article
II of the Code of the Township of Stillwater.
This chapter is adopted pursuant to the authority
set forth by law.