[Added 12-15-2020 by Ord.
No. 2020-35]
In accordance with New Jersey law, a municipality may make and
enforce within its limits, all ordinances and regulations not in conflict
with general laws, as it may deem necessary and proper for the good
government, order and protection of persons and property, and for
the preservation of the public health, safety and welfare of the municipality
and its inhabitants. The Township of Piscataway hereby adopts the
within chapter in accordance with said authority.
[Added 12-15-2020 by Ord.
No. 2020-35; amended 12-19-2023 by Ord. No. 2023-34]
The following terms shall have the meanings indicated below:
BED AND BREAKFAST
Shall mean a single detached dwelling that provides sleeping
accommodation (including breakfast and other meals, services, facilities
and amenities) for the travelling or vacationing public in up to three
guest rooms within said single detached dwelling that is the principal
residence of the proprietor of the establishment.
BOOKING SERVICE
Shall mean a person or entity that facilitates the booking
of a short-term rental unit.
DWELLING UNIT
Shall mean any room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or designed for living, sleeping, cooking and eating, bathing and
toilet purposes.
OWNER
Shall mean an individual or entity holding title to a property
proposed for short-term rental, by way of a legally recorded deed.
OWNER-OCCUPIED
Shall mean the owner of the property resides in the short
term rental property (hereinafter "STRP"), or in the principal residential
unit with which the STRP is associated on the same lot, and identifies
same as his or her principal residence as that term is defined in
this section. If the owner of the property is an entity other than
an individual or individuals, then at least one principal or member
of the owner entity must reside in the STRP, or in the principal residential
unit with which the STRP is associated on the same lot, and identify
same as his or her principal residence as that term is defined in
this section.
PRINCIPAL RESIDENCE
Shall mean the address: (1) where at least one of the property
owners spends the majority of his or her non-working time, and (2)
which is most clearly the center of his or her domestic life, and
(3) which is identified on his or her driver's license or State Identification
Card as being his or her legal address. All the above requirements
must be met in order for an address to constitute a principal residence
for purposes of this chapter.
PROHIBITED SHORT TERM RENTAL
Shall mean the accessory use of a dwelling unit for occupancy
by someone other than the unit's owner or permanent resident for a
period of less than 30 consecutive days, which dwelling unit is regularly
used and kept open as such for the lodging of guests, and which is
advertised or held out to the public as a place regularly rented to
transient occupants, as that term is defined in this section.
PROPERTY
Shall mean a parcel of real property located within the boundaries
of the Township of Piscataway, Middlesex County, New Jersey.
RESPONSIBLE PARTY
Shall mean both the short-term rental property owner and
a person (property manager) designated by the owner to be called upon
and be responsible at all times during the period of a short-term
rental and to answer for the maintenance of the property, or the conduct
and acts of occupants of the short-term rental property, and, in the
case of the property manager, to accept service of legal process on
behalf of the owner of the short-term rental property.
SHORT-TERM RENTAL (hereinafter STR)
Shall mean the accessory use of a dwelling unit for occupancy
by someone other than the unit's owner or permanent resident for a
period of no less than 30 and no more than 180 consecutive days, which
dwelling unit is regularly used and kept open as such for the lodging
of guests, and which is advertised or held out to the public as a
place regularly rented to transient occupants, as that term is defined
in this section.
SHORT-TERM RENTAL PROPERTY (hereinafter STRP)
Shall mean a residential dwelling unit, as defined above,
that is used and/or advertised for rent as a short-term rental by
transient occupants as guests, as those terms are defined in this
section. Dwelling units rented to the same occupant for more than
30 continuous days, Bed and Breakfast establishments, licensed rooming
or boarding houses, hotels, and motels shall not be considered as
Short-Term Rental Property.
SHORT-TERM RENTAL PROPERTY AGENT
Shall mean any New Jersey licensed real estate agent or other
person designated and charged by the owner of a short-term rental
property, with the responsibility for making the short-term rental
application to the Township on behalf of the owner, and fulfilling
all of the obligations in connection with completion of the short-term
rental property permit application process on behalf of the owner.
Such person shall be available for and responsive to contact on behalf
of the owner at all times.
TRANSIENT OCCUPANT
Shall mean any person or a guest or invitee of such person,
who, in exchange for compensation, occupies or is in actual or apparent
control or possession of residential property, which is either: (1)
registered as a short-term rental property, or (2) satisfies the definition
of a short-term rental property, as such term is defined in this section.
It shall be a rebuttable presumption that any person who holds themselves
out as being an occupant or guest of an occupant of the short-term
rental is a transient occupant.
[Added 12-15-2020 by Ord.
No. 2020-35; amended 12-19-2023 by Ord. No. 2023-34]
a. It shall be unlawful for any owner of any property within the geographic
bounds of the Township of Piscataway, Middlesex County, New Jersey,
to rent or operate a Short-Term Rental or Short Term Rental Property
in a manner that is contrary to the procedures and regulations established
in this chapter or applicable State statute. Prohibited Short-Term
Rentals shall not be permitted within the Township of Piscataway.
b. Short-Term Rentals shall be permitted to be conducted in the following
classifications of property in the Township of Piscataway, and only
within the limitations imposed herein:
1. Condominium units, where the condominium association bylaws or master
deed permit a short-term rental, and where the owner of the unit legally
identifies the address as his or her principal residence; and
2. Individually or collectively owned single-family residences, which
one of the owners legally identifies as the address of his or her
principal residence; and
3. One unit within a two-family residential dwelling, where the other
unit is occupied by the owner and legally identified by the owner
as his or her principal residence; and
4. No more than one unit in any multi-family residential dwelling, where
one other unit in the same dwelling is occupied by the owner and legally
identified by the owner as his or her principal residence, as that
term is defined herein; and
5. No more than one room within a single-family residential dwelling
unit, where the room shares common kitchen and bathroom facilities
with the occupant of the dwelling unit, and the remainder of the single-family
dwelling unit is occupied by the owner and is legally identified by
the owner as his or her principal residence, as that term is defined
herein.
c. Short-Term Rental of the following properties is prohibited:
1. Condominiums or townhomes, where the condominium association by-laws
or master deed, or condominium rules and regulations, do not permit
such Short-Term Rental of condominium units in the development; and
2. An individually or collectively owned single-family residential dwelling
unit, which address none of the owners legally identify as their principal
residence; and
3. A unit in a two-family residential dwelling, where the other unit
is not occupied by the owner nor legally identified by the owner as
his or her principal residence; and
4. Two or more units in a multi-family residential dwelling, where one
of the other units is not occupied by the owner nor legally identified
by the owner as his or her principal residence; and
5. A room or multiple individual rooms within a single-family, two-family
or multi-family residential dwelling unit, where the room shares common
kitchen and bathroom facilities with the occupant(s) of the dwelling
unit in which it is located, which occupant(s) is neither the owner
of the dwelling unit nor identifies the remainder of the dwelling
unit in the single-family, two-family or multi-family residence as
his or her principal residence.
d. The provisions of this chapter shall apply to Short-Term Rentals as defined in §
15-2 above. The following do not qualify as a privately-owned residential dwelling unit, as that term is used herein, and therefore do not need to obtain a short-term rental permit pursuant to this chapter: any hotel, motel, studio hotel, public or private club, bed and breakfast, convalescent home, rest home, home for aged people, boarding houses, rooming houses, dormitories, adult family care homes, assisted living facilities, community residences for developmentally disabled persons, foster homes, community shelters for victims of domestic violence, nursing homes, halfway house, transitional housing facility, or other similar facility operated for the care, treatment, or reintegration into society of human beings; any housing owned or controlled by an educational institution and used exclusively to house students, faculty or other employees with or without their families; any housing operated or used exclusively for religious, charitable or educational purposes; or any housing owned by a governmental agency and used to house its employees or for governmental purposes.
e. Except for Owner-Occupied Short-Terms Rentals, rentals of any Dwelling
Units shall be conducted no more than one hundred eighty (180) total
nights per calendar year. Each night in excess of this limit shall
be considered a separate violation.
f. Dwelling Units shall be limited to one (1) Short-Term Rental at a
time.
g. Transient Occupants of the STRP shall comply with all ordinances
of the Township of Piscataway, including, but not limited to those
ordinances regulating noise and nuisance conduct. Failure of Transient
Occupants to comply shall subject the Transient Occupants, the Owner,
and any short-term rental agent or responsible party named in the
Short-Term Rental application, to the issuance of fines and/or penalties
and the possibility of the revocation or suspension of the STRP permit.
[Added 12-15-2020 by Ord.
No. 2020-35]
a. In addition to any land use requirement(s) set forth in the Township
of Piscataway Land Use Regulations, the owner/operator of a Short-Term
Rental Property shall obtain a Short-Term Rental Permit from the Township
of Piscataway Department of Planning and Engineering, before renting
or advertising for rent any short-term rental. The application for
a Short-Term Rental permit must meet the following initial minimum
requirements to be considered for processing by the Township:
1. For existing Short-Term Rentals, the applicant must not have had
more than two documented and verified instances where the Piscataway
Police have been called to address complaints of any type attributable
to the Short-Term Rental within the last two years; and
2. For existing Short-Term Rentals, the applicant must have no violations
of the Township of Piscataway's Noise Ordinance within the last two
years. A violation of the Noise Ordinance means a documented violation
by the Township of Piscataway Municipal Court; and
3. The applicant must be current with all Township taxes, water and
sewage charges; and
4. The applicant must have no open violations from the Township of Piscataway's
Code Enforcement.
b. No person or entity shall operate a STRP, or advertise a residential
property for use as a STRP, without the owner/operator of the property
first having obtained a STR Permit issued by the Township of Piscataway
Department of Planning and Engineering. The failure to obtain a valid
STR Permit prior to advertising the short-term rental property in
any print, digital, or internet advertisement or web-based platform,
and/or in the Multiple Listing Service (hereinafter "MLS") or any
realtor's property listing shall be a violation of this chapter. No
STR Permit issued under this section may be transferred or assigned
or used by any person or entity, other than the owner to whom it is
issued, or at any property location or dwelling unit other than the
property for which it is issued.
c. An owner of property, intended to serve as a Short-Term Rental Property,
as defined herein, or any agent acting on behalf of the owner, shall
submit to the Township of Piscataway Department of Planning and Engineering,
a Short-Term Rental Permit application provided by the Township, along
with an annual application/registration fee of $250. Said fee shall
be non-refundable, including in the event that the application is
denied. The short-term rental permit, if granted, shall be valid for
a period of one year from the date of issuance.
d. A Short-Term Rental Permit shall be submitted by the owner for renewal
on an annual basis, based upon the anniversary of the original permit
issuance, by submitting to the Department of Planning and Engineering,
a Short-Term Rental Permit application, and a renewal registration
fee of $250.
e. The Short-Term Rental Permit shall expire automatically when the
Short-Term Rental Property changes ownership, and a new initial application
and first-time registration fee will be required in the event that
the new owner intends to use the property as a Short-Term Rental Property.
A new application and first-time registration fee shall also be required
for any Short-Term Rental that had its Short-Term Rental Permit revoked
or suspended.
[Added 12-15-2020 by Ord.
No. 2020-35; amended 12-13-2022 by Ord. No. 2022-27; 12-19-2023 by Ord. No. 2023-34]
a. Applicants for a Short-Term Rental Permit shall submit, on an annual basis, an application for a short-term rental permit to the Township of Piscataway Department of Planning and Engineering. The application shall be submitted, under oath, on a form specified by said Department, accompanied by the nonrefundable application fee as set forth in §
15-4 above. Such application shall include:
1. The name, address, telephone number and email address of the owner(s)
of record of the dwelling unit for which a permit is sought. If such
owner is not a natural person, the application must include and identify
the names of all shareholders, members, partners, officers and/or
directors of any such entity, and the personal contact information,
including address, email address and telephone numbers for each of
them;
2. The address of the unit to be used as a short-term rental;
3. A copy of the driver's license or State Identification Card of the
owner of the Short-Term Rental Property, confirming, as set forth
in this chapter, that the property is the principal residence, of
the owner making application for the STR permit;
4. The owner's sworn acknowledgement that they comply with the requirement
that the Short-Term Rental Property constitutes the owner's principal
residence;
5. The name, address, telephone number and email address of the Short-Term
Rental property agent, which shall constitute his or her seven-day-a-week,
twenty-four-hour-a-day contact information;
6. The name, address, telephone number and email address of the short-term
rental property responsible party, which shall constitute his or her
seven-day-a-week, twenty-four-hour-a-day contact information;
7. The owner's sworn acknowledgement that he or she has received a copy
of this chapter, has reviewed it, understands its requirements and
certifies, under oath, as to the accuracy of all information provided
in the permit application;
8. The number and location of all parking spaces available to the premises,
which shall include the number of legal off-street parking spaces
and on-street parking spaces directly adjacent to the premises. The
owner shall certify that every effort will be made to avoid and/or
mitigate issues with on-street parking in the neighborhood in which
the short-term rental is located, resulting from excessive vehicles
generated by the Short-Term Rental of the property, in order to avoid
a shortage of parking for residents in the surrounding neighborhood;
9. The owner's agreement that all renters of the Short-Term Rental Property
shall be limited to one vehicle per two occupants in the Short-Term
Rental Property;
10. The owner's agreement to use his or her best efforts to assure that
use of the premises by all transient occupants will not disrupt the
neighborhood, and will not interfere with the rights of neighboring
property owners to the quiet enjoyment of their properties; and
11. Where
the owner uses a booking service, including web services such as Airbnb,
VRBO, or Booking.com, the Owner must provide the uniform resource
locator or listing identifier and the associated booking service name
for all existing listings of the dwelling unit and agrees that any
listing of such dwelling unit with a booking service shall be reported
to the Township Department of Planning and Engineering prior to such
listing being used to make an agreement for an STRP.
12. Any other information that this chapter requires a property owner
to provide to the Township in connection with an application for a
rental Certificate of Occupancy. The Business Administrator, or his
designee, shall have the authority to obtain additional information
from the STRP owner/applicant or amend the permit application to require
additional information, as necessary, to achieve the objectives of
this chapter.
b. The Township may, but shall not be required to conduct annual inspections
for the STRP's compliance with the Township's fire safety regulations
and property maintenance code. In addition, each application may be
subject to review to verify the STRP's eligibility for use as a Short-Term
Rental and compliance with the requirements in this chapter.
c. For a condominium unit owner submitting a Short-Term Rental Permit
application, a letter from the condominium association confirming
that the condominium association by-laws or master deed, or condominium
rules and regulations permit Short-Term Rentals must be submitted
with the application.
d. A sworn statement shall be required stating that there have been
no prior revocations or suspensions of this or a similar license.
In the event of prior revocations or suspensions, a permit shall not
be issued, which denial may be appealed as provided hereinafter.
e. Attached to and concurrent with submission of the permit application
described in this chapter, the owner shall provide:
1. Proof of the owner's current ownership of the short-term rental unit;
and
2. Proof of general liability insurance in a minimum amount of $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident; or if the owner of a multifamily
home which has four or fewer units, proof of general liability insurance
in a minimum amount of no less than $300,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accident or occurrence; and
3. Written certifications from the owner, or short-term rental property
agent, and responsible party, as applicable, that they agree to perform
all of the respective duties specified in this chapter.
f. The STRP owner/permit holder shall publish the short-term rental
permit number issued by the Township in every print, digital, or internet
advertisement, and/or in the MLS or other real estate listing of a
real estate agent licensed by the New Jersey Real Estate Commission,
in which the Short-Term Rental Property is advertised for rent on
a short term basis.
g. Each and every time there is a change of occupancy by transient occupants
during the year the STRP owner, or STRP agent must provide the Township
with information as to the identity of all transient occupants who
will be occupying the unit, on a form to be made available by the
Department of Planning and Engineering or in electronic format on
the Township website. The purpose of this requirement is to ensure
that the Township shall have basic identifying information of all
occupants of the STRP at all times, which information shall include
the occupant's or occupants' names and ages, the adult occupants contact
information including phone number and email address and the dates
of the commencement and expiration of the term of each short-term
rental period of the respective occupant(s).
h. Pursuant to N.J.S.A. § 40:48F-1 et seq., when each and
every Short Term Rental ends or there is a change of occupancy by
transient occupants, the STRP owner, in addition to the State Sales
Tax and State Occupancy Fee, shall be subject to a 3% Municipal Occupancy
Tax. This subsection shall only apply to such Short-Term Rentals that
are obtained through a transient space marketplace or a professionally
managed unit.
i. 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 STRP owner 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.
j. Any STRP listed for public viewing, including but not limited to physical signs, social media, rental website services, newspaper, magazines or other advertising tools, for occupancy without a permit under this section, shall be subject to the fines and penalties provided for under Section
15-9 of this Chapter
[Added 12-15-2020 by Ord.
No. 2020-35]
a. Once an application is submitted, complete with all required information
and documentation and fees, the Department of Planning and Engineering,
following any necessary investigation for compliance with this chapter,
shall issue the Short-Term Rental Permit, or issue a written denial
of the permit application (with the reasons for such denial being
stated therein), within 10 business days.
b. If denied, the applicant shall have 10 business days to appeal the
denial, in writing, to the Office of the Township Business Administrator.
c. Within 30 days after receipt of such appeal, the Business Administrator
or his designee shall hear and decide the appeal.
[Added 12-15-2020 by Ord.
No. 2020-35]
a. All Short-Term Rentals must comply with all applicable rules, regulations
and ordinances of the Township of Piscataway and all applicable rules,
regulations and statutes of the State of New Jersey, including regulations
governing such lodging uses, as applicable. The STRP owner shall ensure
that the Short-Term Rental is used in a manner that complies with
all applicable laws, rules and regulations pertaining to the use and
occupancy of a Short-Term Rental.
b. The Owner of the STRP shall notify the Township of any change in
occupancy by providing the Township with the name and contact information
for the STRP tenant.
c. A Dwelling Unit shall be limited to a single short-term rental contract
at a time.
d. The owner of a STRP shall not install any advertising or identifying
mechanisms, such as signage, including lawn signage, identifying the
property for rent as a Short-Term Rental property.
e. Transient occupants of the STRP shall comply with all ordinances
of the Township of Piscataway including, but not limited to those
ordinances regulating noise and nuisance conduct. Failure of transient
occupants to comply shall subject the transient occupants, the owner
of the STRP, the responsible party and the Short-Term Rental agent
listed in the short-term rental permit application, to the issuance
of fines and/or penalties, and the possibility of the revocation or
suspension of the STRP permit.
f. The owner of a STRP shall post the following information in a prominent
location within the short-term rental:
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 names and phone numbers for the responsible party and the Short-Term
Rental agent (as those terms are defined in this chapter);
3. The phone numbers for the Department of Public Safety, the Township
of Piscataway Department of Planning and Engineering, Office of Inspections
and Enforcement;
4. The maximum number of parking spaces available on site;
5. Trash and recycling pick-up day, and all applicable rules and regulations
regarding trash disposal and recycling;
6. Notification that a guest, transient occupant, the Short-Term Rental
Property agent, the responsible party or STRP owner may be cited or
fined by the Township of Piscataway Department of Public Safety, or
the Township of Piscataway Department of Planning and Engineering,
for violations of, and in accordance with any applicable ordinance(s)
of the Township of Piscataway;
g. In the event that any complaints are received by the Township of
Piscataway Department of Public Safety, or the Department of Planning
and Engineering regarding the Short-Term Rental and/or the transient
occupants in the STRP, and the owner of the STRP is unreachable or
unresponsive, both the responsible party and the Short-Term Rental
agent listed in the short-term rental permit application shall have
the responsibility to take any action required to properly resolve
such complaints, and shall be authorized by the STRP owner to do so.
h. While a STRP is rented, the owner, the Short-Term Rental agent, or
the responsible party shall be available twenty-four-hours-per-day,
seven-days-per-week for the purpose of responding within two hours
to complaints regarding the condition of the STRP premises, maintenance
of the STRP premises, operation of the STRP, or conduct of the guests
at the STRP, or nuisance complaints from the Department of Public
Safety, or neighbors, arising by virtue of the short-term rental of
the property.
i. If the STRP is the subject of two or more substantiated civil and/or
criminal complaints, the Business Administrator or his designee may
revoke the short-term rental permit issued for the property, in which
case, the STRP may not submit a new STRP permit application for one
year following the date of revocation of the permit.
j. Failure to make application for, and to obtain the issuance of, a
Short-Term Rental Permit prior to advertising the STRP in print publications
or newspapers, on any internet-based booking platforms, or online,
and/or in the MLS or other real estate listing of a real estate agent
licensed by the New Jersey Real Estate Commission, shall be equivalent
to operation of the STRP without a permit, and shall constitute a
violation of this Code, and will result in enforcement action and
the issuance of a summons, and shall subject the STRP owner, the Short-Term
Rental agent, and the responsible party to issuance of fines and/or
penalties.
k. The person offering a dwelling unit for Short-Term Rental use must
be the owner of the dwelling unit. A tenant of a property may not
apply for a short-term rental permit, nor shall the property or any
portion thereof be sub-leased by the tenant on a short-term basis,
or operated as a STRP by the tenant. This STRP regulation shall supersede
any conflicting provision in a private lease agreement permitting
sub-leasing of the property, or any portion of the property. Violation
of this section will result in enforcement action against the tenant,
the STRP owner, the Short-Term Rental agent, and the responsible party,
and will subject all such parties to the issuance of a summons and
levying of fines and/or penalties.
l. In the event that the Township receives three substantiated complaints
concerning excessive vehicles belonging to the transient occupants
of a STRP, the Short-Term Rental Permit for the property is subject
to revocation by the Business Administrator or his designee.
m. The STRP owner must be current with all tax water and sewer charges
assessed to the property prior to the issuance of a Short-Term Rental
Permit. In the event that any code violations have been issued by
the Township relating to the STRP, a Short-Term Rental Permit shall
not be issued until such time as such violations have been properly
abated. The STRP Owner must also close any open construction permits
for the property prior to the issuance of a Short-Term Rental Permit.
n. All fines or penalties issued by the Municipal Court for the Township
of Piscataway for any past code violations relating to the STRP, including
penalties for failure to appear in Court, must be satisfied in full
prior to the issuance of a Short-Term Rental Permit.
[Added 12-19-2023 by Ord. No. 2023-34]
a. It shall
be unlawful for a Booking Service to charge, collect or receive a
fee from a person in connection with a short-term rental of a dwelling
unit unless such Booking Service has registered the listing with the
Code Enforcement Officer to verify that the STR has obtained the necessary
permit. The Booking Service shall register with the Township on an
annual basis by providing the Code Enforcement Officer with the official
name of the booking service, mailing address, and name and direct
contact information for a Booking Service representative and paying
the requisite fee.
b. For each
listing of an STR using the Booking Service within the Township of
Piscataway, the Booking Service shall provide the Code Enforcement
Officer with the uniform resource locator or listing identifier being
used to offer the STR, the host name, and physical address information
of the Dwelling Unit provided by the host to the Booking Service.
The Code Enforcement Officer, their designee, or other authorized
representative, shall verify that the full legal name of the host
and the full physical address of the dwelling unit on the permit match
the information provided by the Booking Service. A Booking Service
shall reconfirm the active registration of a Dwelling Unit with the
Code Enforcement Officer, any time it knows or should have known that
any data it used to complete the verification in this section has
changed. The Booking Service shall, at a minimum, reverify an active
registration of the Dwelling Unit with Code Enforcement Officer annually.
c. There shall
be an annual Booking Service registration fee of $100.
[Added 12-15-2020 by Ord.
No. 2020-35; amended 12-19-2023 by Ord. No. 2023-34]
A violation of any provision of this chapter may subject the
STRP owner, transient occupant(s), the Short-Term Property Rental
agent, Booking Service, and the responsible party or their agents
to fines assessed by the Court as follows:
a. First offense: $250 per day for each day in violation.
b. Second offense: $1,000 per day for each day in violation and a mandatory
court appearance.
c. Subsequent offense: $2,000 per day for each day in violation and
a mandatory court appearance.