[Ord. No. 31-2023,[1] 9-5-2023]
(a)Â
The purpose of this Chapter 23, Article I, is to curtail the use of single-family detached houses as boarding homes in all residential districts, while at the same time allowing for the short-term rental of private residences to visitors in such a way so as to ensure that such rental use does not create adverse impacts to neighboring properties due to excessive traffic, noise, and density.
(b)Â
As used in this section, the term "short-term rental" shall mean the rental for compensation of a dwelling, or portion of a dwelling, for the purpose of overnight lodging for a period of not less than one night and not more than 30 consecutive days, other than ongoing month-to-month tenancy granted to the same renter for the same unit as their primary residence. This definition shall include boardinghouses and lodging houses but shall not include hotels, motels, bed-and-breakfast inns, universities, or hospitals. "Short-term rental" shall be otherwise synonymous with "transient accommodation" as defined in Chapter 15 of this Code.
(c)Â
The person offering a dwelling unit for short-term rental use must
be the owner of the residence in which the short-term rental activity
occurs. Short-term rental activity may not occur in any accessory
building located on the same premises as the residence.
(d)Â
All dwelling units being offered for short-term rental use shall
be required to obtain any license for such use. Any person offering
at least one dwelling unit for short-term rental use in the Township
must:
(1)Â
Obtain a license from the Health Officer, or their designee, to offer
each dwelling unit for short-term rental. The applicant for such license
shall submit to the Health Officer, or their designee, an application
in a form to be determined by the Health Officer, or their designee,
along with a nonrefundable application/registration fee of $500. Said
license shall be valid for a period of one year from the date of issuance,
unless the short-term rental property changes ownership, at which
time such license shall automatically expire.
(2)Â
Obtain a health certificate from the Health Officer, or their designee. The applicant for such certificate shall submit to the Health Officer, or their designee, an application that shall include the address of the dwelling unit to be rented; the name, address, telephone number and email address, if any, of the owner of such dwelling unit; the name, address, telephone number and email address, if any, of the person or persons to whom the dwelling unit is intended to be rented; the proposed commencement date of the rental occupancy and the proposed term of such rental occupancy. Within seven days of the receipt of the payment of the required fee and the completed application form, the Health Department shall conduct an inspection of the dwelling unit subject to compliance with Subsection (d)(2)b below. Within 14 days of the inspection, the Health Officer or their designee will issue a health certificate or deny the same, setting forth the reasons for such denial. The fee for said inspection and for a second or any additional inspection shall be set forth in Appendix III of Chapter 2 of the Code of the Township of Teaneck.
a.Â
If the Health Officer, or their designee, after a general inspection
of the visible parts of the dwelling unit, determines that the dwelling
unit is fit for human habitation and complies with the Property Maintenance
Code,[1] and all other ordinances of the Township of Teaneck pertaining
to building, plumbing, electrical, health, safety, fire, and minimum
building standards, and that no violations of state law or of the
State Uniform Construction Code exist, which would prevent the issuance
of a health certificate pursuant to that code, or the regulations
pursuant to that code, shall issue the certificate.
b.Â
If, as a result of a general inspection of the visible parts of the
dwelling unit, the Health Officer, or their designee, finds any violation
as set forth in Subsection (d)(2)a above, they shall notify the owner
of the violation and allow the owner 30 days to correct the violation,
by mailing a written notice by certified mail, return receipt and
regular mail, or by delivering the notice to the owner or his agent.
The notice shall identify the premises and specify the violations
and any remedial action. The notice shall state that the failure to
correct the violations within the time specified shall constitute
a violation of this article and may subject the owner to the penalties
hereinafter set forth. No health certificate shall be issued until
the violations are corrected or any required remedial action is completed.
c.Â
Any violation of the ordinances of the Township of Teaneck, applicable
state regulatory codes and New Jersey statutes shall be grounds for
the denial of a health certificate.
(3)Â
All owners or renting agents of real estate or person or persons
applying for a health certificate, as provided herein, shall consent
to an inspection and shall advise the Health Officer, or their designee,
of a reasonable time or times that the inspections may be made and
have someone present to assist and provide entry for the inspection
purposes.
(4)Â
Ensure that the short-term rental use is clearly incidental to the
principal residential uses permitted in the zone where each such dwelling
unit is located.
(e)Â
There shall be no sign identifying the short-term rental use, and
there shall be no identification of such short-term rental use upon
any mailbox.
(f)Â
The short-term rental use shall be conducted in a manner that does
not materially disrupt or adversely affect the residential character
of the neighborhood.
(g)Â
No equipment or process shall be used in such short-term rental which creates glare, fumes, odors, or other nuisance factors detectable to the human senses outside the lot on which the short-term rental is conducted. Both the owner or lessee of a short-term rental property and the short-term renters shall comply with all ordinances of the Township of Teaneck, including, but not limited to, those ordinances regulating noise and nuisance conduct. Failure of short-term renters to comply with all such ordinances shall subject the short-term renters and the owner or lessee of such short-term rental property to the issuance of fines and/or penalties, as set forth in § 23-3 below.
(h)Â
For all short-term rentals, there shall be an in-Township property
manager available at all times if the owner or operator is out of
the Township during the time of rental.
(i)Â
The owner of a short-term rental property shall post the following
information in a prominent location within the short-term rental unit:
(1)Â
Owner name; if the owner is an entity, the name of a principal in
the entity, and phone number for the owner (individual);
(2)Â
The name and phone number of the in-town property manager, should
the owner or operator be out of the Township during the time of rental;
(3)Â
The phone numbers for the Township's Police Department, the
Township's Fire Department, the Township's Code Enforcement
Officer, and the Township's Health Department;
(4)Â
The maximum number of parking spaces available on site;
(5)Â
Trash and recycling pickup day, and all applicable rules and regulations
regarding trash disposal and recycling;
(6)Â
A copy of this article; and
(7)Â
Notification that a short-term renter may be cited or fined by the
Township for violations of, and in accordance with, any applicable
ordinance(s) of the Township.
(j)Â
Use of the short-term rentals for commercial or social events shall
be prohibited.
(k)Â
No single short-term rental shall be for a period of more than 30
days.
(l)Â
Short-term rentals shall be limited to a maximum of 60 days per year.
(m)Â
Up to two bedrooms may be rented to guests. Occupancy shall be limited
to two guests per bedroom or four total guests, whichever is less.
Notwithstanding this provision, an owner of a home may rent out their
entire home, consistent with the requirements of this article.
(n)Â
Only one party of guests shall be permitted per short-term rental
unit.
(o)Â
No short-term rental shall be permitted in any condominium or townhome,
where the condominium association bylaws or master deed, or condominium
rules and regulations, do not permit such short-term rental of condominium
units in the development.
(p)Â
In no event shall a short-term rental property be rented to anyone
younger than 18 years of age. The primary occupant of all short-term
rentals executing the agreement between the owner and the occupant
must be over the age of 18, and must be the party who will actually
occupy the property during the term of the short-term rental. The
primary occupant may have guests under the age of 18 who will share
and occupy the property with them. Both the primary occupant executing
the short-term rental agreement and the owner of the short-term rental
property shall be responsible for compliance with this provision,
and shall both be liable for a violation, where the property is not
occupied by at least one adult over the age of 18, during the term
of the short-term rental.
(q)Â
Nothing in this section is intended to impair or affect the rights
granted to senior citizens under N.J.S.A. 40:55D-68.4.
Except as it relates to the holder or beneficiary of a film
permit issued by the Township of Teaneck, the lease or rental of any
amenity, feature, or accessory building or structure appurtenant to
or associated with a dwelling is prohibited, including but not limited
to any private pool, regardless of the purpose or length of time of
said lease or rental.
The penalty for violation of the foregoing provisions shall be as set forth in Chapter 1, § 1-6, General penalty, for each offense. Additionally, any violation of this article may subject a violator to any remedy, legal or equitable, available to the Township. Remedies may specifically include revocation of the short-term rental privilege as permitted under this article.