[1]
Editor's Note: Former Article V, pertaining to gardeners,
landscaping and lawn maintenance services, was repealed by G.O. No.
1580.
[G.O. No. 2106, 6-19-2018]
(a)
The purpose of this § 9-18 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 residential neighborhoods due to excessive traffic, noise, and density.
(b)
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 not include hotels,
motels, and bed-and-breakfasts inns.
(c)
The person offering a dwelling unit for short-term rental use must
be the owner or lessee 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)
No person offering a dwelling unit for short-term rental use shall
be required to obtain any license for such use unless such person
offers more than five (5) separate dwelling units for short-term rental
use in the Town. Any person offering more than five (5) separate dwelling
units for short-term rental use in the Town must:
(1)
Obtain a license from the Town Clerk to offer each dwelling unit
for short-term rental. The applicant for such license shall submit
to the Town Clerk an application in a form to be determined by the
Clerk, 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. The Town shall
have discretion to accept and reject such licenses.
(2)
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)
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)
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)
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
Town of Westfield 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 Subsection q below.
(h)
Short-term rentals shall be limited to a maximum of 60 days per year,
except in the Central Business District.
(i)
Up to two (2) bedrooms may be rented to guests. Occupancy shall be
limited to two (2) guests per bedroom or four (4) 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.
(j)
Only one party of guests shall be permitted per short-term rental
unit.
(k)
For all short-term rentals, there shall be an in-town property manager
available at all times if the owner or operator is out of town during
the time of rental.
(l)
The owner of a short-term rental property shall post the following
information in a prominent location within the short-term rental unit:
(1)
Owner name; if owner is an entity, the name of a principal in the
entity, and phone number for the owner (individual);
(2)
The name and phone number of the in-town property manager, should
the owner or operator be out of town during the time of rental;
(3)
The phone numbers for the Town's Police Department, the Town's Fire
Department, the Town's Code Enforcement Officer;
(4)
The maximum number of parking spaces available on site;
(5)
Trash and recycling pickup day, and all applicable rules and regulations
regarding trash disposal and recycling;
(6)
A copy of this article; and
(7)
Notification that a short-term renter may be cited or fined by the
Town for violations of, and in accordance with, any applicable ordinance(s)
of the Town.
(m)
Use of the short-term rentals for commercial or social events shall
be prohibited.
(n)
No short-term rental shall be for a period of more than 30 days,
except in the Central Business District Zone.
(o)
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)
In no event shall a short-term rental property be rented to anyone
younger than 21 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 21, 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 21 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 21, during the term
of the short-term rental.
(q)
Any violation of this section may subject a violator to any remedy,
legal or equitable, available to the Town. Remedies may specifically
include revocation of the short-term rental privilege as permitted
under this article.
(r)
If any part of this article is declared unconstitutional or illegal
by any court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
(s)
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.
(t)
This article shall take effect upon final passage and publication
in accordance with law.
[Added 9-28-2021 by G.O. No. 2225]
Except as it relates to the holder or beneficiary of a film permit issued under Chapter 36 of Code of the Town of Westfield, the lease or rental of any amenity, feature, or accessory building or structure appurtenant to or associated with a dwelling is prohibited, regardless of the purpose or length of time of said lease or rental.
[Added 9-28-2021 by G.O. No. 2225]
Any person shall, upon conviction of a violation of this article,
be subject to a fine not exceeding $2,000, or to imprisonment for
not more than 90 days, or both, in the discretion of the Judge of
the Municipal Court. Each and every day in which a violation of this
article occurs shall be deemed a separate offense hereunder.
