As used in this chapter, the following terms shall have the
meanings set forth herein unless the context clearly indicates that
a different meaning is intended. Any words not defined in this section
shall have the meaning given in Webster's Unabridged Dictionary.
AGENT
The individual or individuals designated by the owner of
any residential rental unit as the person(s) authorized by the owner
to perform any duty imposed by this chapter. Such person(s) may include,
but not be limited to, a licensed real estate agent or broker designated
by the owner or a property manager and/or management company.
APARTMENT
A room or combination of rooms in one (1) building designed
for use as a living unit or any room or rooms in a rooming/boarding
house or other dwelling unit consisting of one (1) or more rooms occupying
all or part of a floor or floors in a building, whether designed with
or without housekeeping facilities for dwelling purposes and notwithstanding
whether the apartment is designated for a residence, for an office
or for the operation of any industry or business, or for any other
type of independent use.
APARTMENT COMPLEX
Any building(s), containing four (4) or more apartments/rental
units.
LICENSE
The license issued by the Construction Official or his/her
designee attesting that a short-term residential rental unit has been
properly licensed in accordance with this chapter.
LICENSEE
The person to whom a license is issued pursuant to this chapter.
IMMEDIATE FAMILY MEMBER
Grandfather, grandmother, father, mother, son, daughter,
grandson, granddaughter, brother, sister, aunt or uncle.
OWNER
Any person or group of persons, firm, corporation, partnership,
association or trust who owns or has an ownership interest in a residential
rental unit.
RESIDENTIAL RENTAL UNIT
An apartment, dwelling, or any portion of a structure used
for human habitation for which the owner receives monetary consideration
or in-kind services, including without limitation, individual apartments
located within residences, single-family homes and townhouses and/or
condominium units.
SHORT-TERM RESIDENTIAL RENTAL UNIT
A residential unit that is offered for rent or a vacation
stay of one or more days through a private transaction with an online
service, including, but not limited to, Airbnb, VRBO, Homeaway, FlipKey,
Tripping.com, etc., but excluding a lawfully operating bed-and breakfast.
[Amended 3-8-2022 by Ord.
No. O-2022-006]
TENANT OR OCCUPANT
The person or persons to whom a residential rental unit is
leased, rented or occupied or who has actual possession of such residential
rental unit, other than the owner thereof.
It shall be unlawful for any person or persons to occupy any
residential rental unit, or for an owner thereof to permit such occupancy,
unless the owner has first registered and/or licensed such residential
rental unit in accordance with the requirements of this chapter nor
shall any residential rental unit be rented or occupied where the
registration or license has expired or been revoked or suspended.
No property containing a residential rental unit shall be entitled
to an Inspection Approval or shall be licensed under this chapter
unless all municipal taxes, water and sewer charges and any other
municipal assessments are paid on a current basis.
In addition to the requirements of any other applicable statute,
ordinance and/or regulation, the owner, agent and/or occupant of every
residential rental unit subject to this chapter also shall comply
with the following standards:
A. The maximum number of occupants in any residential rental unit shall
be posted in each unit. The number shall be determined by the Construction
Official or his/her designee in accordance with all applicable regulations,
provided that the maximum number of occupancy for any sleeping room
shall be four persons. The maximum occupancy as determined by the
Construction Official or his/her designee shall be recorded on the
registration form for each residential rental unit. It shall be unlawful
for an owner to knowingly rent and for a tenant to occupy a residential
rental unit with a greater number of persons than the posted maximum
number of occupants based upon the available sleeping rooms and square
footage.
B. Every residential rental unit shall be occupied only by the person(s)
whose name(s) appear on the lease and/or his/her/their children or
such other person(s) who are authorized by the owner; provided, however,
that the maximum occupancy is not exceeded. It shall be unlawful for
any other person(s) to occupy or reside in a residential rental unit.
C. No residential rental unit or the premises upon which same is located
shall be occupied or used in a manner so as to constitute a nuisance
to the surrounding properties and/or property owners or occupants.
D. The maintenance of all residential rental units and the conduct engaged
in and upon the premises by occupants and their guests shall at all
times be in full compliance with all requirements of any applicable
federal, state or local statutes, ordinances and/or regulations, including,
but not limited to, the most-current versions of the New Jersey Uniform
Construction Code and the International Property Maintenance Code,
as each may be amended from time to time.
E. The lease for each residential rental unit shall contain language
which states that the lease is subject to these regulations. This
provision shall apply to all leases executed after the adoption of
these regulations by the Township.
F. Rental or lease of a short-term residential unit as defined in §
211-1 is prohibited.
[Added 3-8-2022 by Ord.
No. O-2022-006]
Owner-occupied one-unit dwellings and residential rental units
rented to an immediate family member of the owner of the property
shall be exempt from the registration, licensing and inspection requirements
of this chapter.