[The general power to license and to prescribe license
fees is contained in R.S. 40:52.1, 2. Licensing is also a part of
the general police power granted by R.S. 40:72-3 and R.S. 40:48-2.]
The purpose of this section is to provide a uniform set of procedures
for administering the issuance, renewal and revocation of all licenses
issued by the borough, except alcoholic beverage licenses and dog
licenses, and except as may be otherwise specified.
All applications for licenses shall be accompanied by the required
fee and shall be made to or through the borough clerk upon forms provided
by him. Applications shall contain the information specified by resolution
of the borough council and may include the following along with any
other information deemed necessary or specifically called for by ordinance:
a.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
b.
If the licensed activity is to be carried on at a fixed location,
the address and description of the premises.
c.
If a vehicle is to be used, its description, including the license
number.
d.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
e.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
f.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
g.
A statement as to whether the applicant has been convicted of any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of conviction, the nature
of the offense, and the punishment or penalty imposed.
h.
Appropriate evidence as to the good character and business responsibility
of the applicant so that an investigator may properly evaluate his
character and responsibility.
i.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent who shall engage
in the licensed activity, and shall be signed by each employee or
agent.
Each application shall be referred to the chief of police or
a police officer designated by him, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
he considers necessary for the protection of the public. He shall
communicate his findings in writing to the borough clerk within a
reasonable time after the application has been filed. If the investigator
decides that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activity are not free
from fraud, he shall disapprove the application and the clerk shall
refuse to issue the license and shall so notify the applicant. Otherwise,
the borough clerk shall issue the license immediately, provided the
required license fees have been paid, except in cases where approval
of the mayor and council is required. In the case of an application
for a solicitor's, peddler's, or canvasser's license, the license
may be issued immediately subject to the investigation. In the event
of the refusal of the issuance of a license, the applicant may appeal
to the council for hearing. The appeal must be filed, in writing,
with the borough clerk within 14 days after notification of the refusal.
The council shall hold its hearing within ten days thereafter, and
its decision shall be final.
Licenses shall be in a form which the council shall prescribe
by resolution, and shall contain the following information:
a.
The name and address of the licensee.
b.
The number and type of the license and the nature of the licensed
activity.
c.
The address at which the licensed activity is conducted, if the activity
is carried on at a fixed location.
d.
If the licensed activity is conducted from a vehicle, the make, model
and license number of the vehicle.
e.
The expiration date of the license.
f.
Any other appropriate information which the mayor and council may
require by resolution.
The borough clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the council and shall contain the same information as is required by subsection 4-1.4 to be contained in the license. It shall also indicate the amount of the fee paid for the license, the date upon which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal, and any other information which the mayor and council may require by resolution.
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee shall
have the license in his possession at all times and shall display
it upon the request of any police officer or any person with whom
he is doing business.
Except as otherwise provided, a license shall apply only to
the person to whom it was issued and shall not be transferable to
another person. Licenses may be transferred from place to place, in
cases where the licensed activity is conducted at a fixed location,
but only with the approval of the council by resolution. The fee for
the transfer of a license from place to place shall be five ($5.00)
dollars.
a.
Except where expressly provided otherwise, all licenses shall expire
on December 31 of the year of issue at 12:00 midnight. Applications
for the renewal of licenses shall be made not later than December
1 of the year of issue.
b.
When an application for a license is made during the course of any
calendar year, the fee shall be prorated to the nearest month. Any
period of time greater than one half a month shall be considered as
a full month for this purpose.
Any license or permit issued by the borough may be revoked by
the council after notice and a hearing for any of the following causes:
a.
Fraud or misrepresentation in any application for permit or license.
b.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
c.
A violation of any provision of this revision.
d.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly person's offense involving moral turpitude.
e.
Conduct of the licensed activity whether by the licensee himself
or his agents or employees in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
f.
Whenever a license has been issued immediately upon an application,
pending the results of the investigation provided for by this chapter,
such license may be summarily revoked if the result of the investigation
is such as would have resulted in denial of the application.
Notice of a hearing for the revocation of a license or permit
shall be given in writing by the borough clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation is based
and the time and place of the hearing. It shall be served by mailing
a copy to the licensee at his last known address by certified mail,
return receipt requested, at least five days prior to the date set
for the hearing.
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses and to have a
permanent record made of the proceedings at his own expense. The council
shall revoke or suspend the license if they are satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
[New]
The council may issue another license to a person whose license
has been revoked or denied as provided in this section if after hearing
they are satisfied by clear and convincing evidence that the acts
which led to the revocation or denial will not occur again; otherwise,
no person whose license has been revoked or denied, nor any person
acting for him, directly or indirectly, shall be issued another license
to carry on the same activity.
[New]
The Council may by resolution make rules and regulations which
interpret or amplify any provision of this chapter or for the purpose
of administering the provisions of this chapter or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this chapter and no regulation shall impose any requirement
which is in addition to or greater than the requirements that are
expressly or by implication imposed by any provision of this chapter.
[New]
No license shall be issued or renewed if the applicant is the
owner of the property that is the subject of the license or on which
a license activity or business is or will be conducted until any delinquent
property taxes or assessments are paid. Such license if issued, shall
be revoked or suspended if the property owner which is the licensee
has failed to pay taxes due on the property for at least three consecutive
quarters. Upon payment of the delinquent taxes or assessments, the
license shall be restored by the Borough Clerk.
[Ord. No. O-12-18 § 2]
Except as otherwise provided within this section, whenever in
this section any act is prohibited or is made or declared to be unlawful
or an offense or a misdemeanor, or whenever in this section the doing
of any act is required or the failure to do any act is declared to
be unlawful, where no specific penalty is provided therefor, the violation
of any such provision shall be punished by a fine of at least one
hundred ($100.00) dollars and not exceeding two thousand ($2,000.00)
dollars, or by imprisonment for a period not exceeding ninety (90)
days; or a period of community service not exceeding ninety (90) days;
or by both such fine and imprisonment or community service. Each day
any violation of this Code or any other Borough ordinance, rule, regulation
or order promulgated pursuant thereto shall continue shall constitute
a separate offense.
Any person who is convicted of violating this section within
one (1) year of the date of a previous violation of the same provision,
and who was fined for that previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the provision, but shall be calculated separately from
the fine imposed by the violation of the provision.
Whenever any provision of the New Jersey Revised Statutes limits
the authority of the Borough to punish the violation of any particular
provision of this section to a fine of less amount than that provided
in this subsection or imprisonment for a shorter term than that provided
in this subsection, then the violation of such particular provision
of this section shall be punished by the imposition of not more than
the maximum fine, imprisonment or community service so authorized
or by both such fine or imprisonment.
Any person convicted of violating this section, and who is in
default of the payment of any fine imposed for the violation, may,
in the court's discretion, be imprisoned for a term not exceeding
ninety (90) days or be required to perform community service for a
period not exceeding ninety (90) days. Whenever any fine is imposed
upon any corporation, such fine and any costs and charges incident
thereof may be collected in an action of debt or in such other manner
as may be provided by law.
[New; amended 6-2-2021 by Ord. No. O-21-20]
As used in this section:
Means any person, whether a resident of the Borough or not,
traveling by foot, bicycle, wagon, automotive vehicle or any other
type of conveyance, from place to place, from house to house, or from
street to street, selling goods and/or services that are listed as
permitted in the Central Business District Zone.
[Ord. No. 25 § 1;
amended 6-2-2021 by Ord. No. O-21-20]
It shall be unlawful for any person to engage in the business
of a mobile vendor within the Borough limits without first obtaining
a license.
[New; Ord. No. O-2014-21; amended 8-19-2020 by Ord. No. O-20-18; 6-2-2021 by Ord. No. O-21-20]
The license fee for a mobile vendor on foot shall be $25 year.
The license fee for a mobile vendor with a vehicle shall be $50 per
year. No portion of the fee shall be prorated for any part of the
year.
[New; amended 6-2-2021 by Ord. No. O-21-20]
No mobile vendor shall have any exclusive right to any location,
nor shall be permitted to operate in any congested area where his
operations might impede or inconvenience the public. For the purpose
of this section, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
[New; amended 6-2-2021 by Ord. No. O-21-20]
No person shall operate as a mobile vendor in the Borough before
5:00 a.m. or after 12:00 midnight.
[New; amended 6-2-2021 by Ord. No. O-21-20]
It shall be the duty of any Borough police officer to require
any person seen operating as a mobile vendor, and who is not known
by such officer to be duly licensed, to produce a mobile vendor license
and to enforce the provisions of this section against any person found
to be violating the same.
[New; amended 6-2-2021 by Ord. No. O-21-20]
This section shall not be construed to include:
a.
The delivery of milk, eggs, bread, newspapers or such other necessary
and perishable articles of food or merchandise of the type commonly
delivered on a house to house basis at intervals of less than one
week.
b.
Federal census takers and polls or surveys taken pursuant to federal,
state or local laws.
Any veteran or volunteer fireman who holds a special license
issued pursuant to N.J.S.A. 45:24-9 shall be exempt from application
for a license, but shall be required to comply with all other applicable
sections of this chapter.
[New; amended 6-2-2021 by Ord. No. O-21-20]
The equipment used or employed by a mobile vendor of ice cream,
foods, beverages, confections and other related commodities shall
be maintained in a clean and sanitary manner and be subject to the
inspection of the board of health or its authorized agents. Any violation
found and not immediately corrected shall be grounds for revocation
of the license.
[Ord. No. O-1990-06 § 1; Ord. No. O-2014-22; amended 6-2-2021 by Ord. No. O-21-20]
The number of licenses to be issued at any time in the Borough
of Highlands for mobile vendors shall be limited to not more than
15 licenses. The licenses shall be issued on January 1 of each year
for applications which have been submitted not later than the preceding
December 1. In the event the number of applications exceeds the number
of licenses, licenses shall be awarded first to licensees who held
a valid vendor's license during the preceding calendar year and remaining
available licenses shall be selected on a lottery basis by the borough
administrator.
As used in this section;
Means a person, also known as a canvasser, whether resident
of the borough or not, traveling either by foot, wagon, automobile,
motor truck, or any other type of conveyance, from place to place,
from house to house or from street to street, to take or attempt to
take orders for sale of goods, wares and merchandise, personal property
of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not the individual
has, carries or exposes for sale a sample of the subject of the sale,
and whether or not he accepts an advance payment for the goods. Any
person taking a poll or a survey from house to house or on the streets,
or distributing advertisements or handbills is included.
It shall be unlawful for any solicitor or canvasser to engage
in such business within the borough without first obtaining a license.
This section shall not apply to any person who is a charitable
solicitor nor shall it apply to any person distributing literature
or handbills on behalf of a candidate for public office.
In addition to the information required by subsection 4-1.2, the application for a solicitor's license shall indicate the place when the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.
[Amended 8-19-2020 by Ord. No. O-20-18]
The fee for a solicitor's or canvasser's license shall be $25.00.
The borough clerk shall issue to each licensee at the time of
delivery of his license a badge on which shall appear the words "Licensed
Solicitor", the period for which the license is issued and the number
of the license, in letters and fixtures easily discernible from a
distance of ten feet. During the time each licensee is engaged in
soliciting, his badge shall be worn constantly and conspicuously on
the front of his outer garment.
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 9:00 p.m., nor shall soliciting and canvassing
be permitted on Sundays or holidays.
A property owner, tenant, resident, occupant or one otherwise,
in lawful possession of property in the borough may post a "no canvassing"
and/or "no soliciting" notice on said property in a place where it
is likely to be seen by persons seeking to engage in canvassing or
soliciting activities. Canvassing and/or soliciting shall not be permitted
on any premises where such a sign has been posted.
Any person or entity who violates or fails to, or refuses to comply with any of the provisions of this section 4-3, shall be liable to a penalty of not less than fifty ($50.00) dollars, nor more than two hundred fifty ($250.00) dollars for each offense.
a.
Highlands First Aid Squad. The Highlands First Aid Squad is hereby
authorized to solicit contributions on State Highway 36 and in the
vicinity of the bridge between Highlands and Sea Bright in the Borough
of Highlands from Memorial Day through Labor Day of each year only
at signalized intersections or when an existing traffic control device
causes temporary interruption in the flow of normal traffic, such
as at the opening of a variable bridge in a manner as set forth in
N.J.A.C. 16:4-1.1 et seq.
b.
Knights of Columbus. The Knights of Columbus is hereby authorized
to solicit contributions on State Highway 36 and in the vicinity of
the bridge between Highlands and Sea Bright in the Borough of Highlands
from Memorial Day through Labor Day of each year only at signalized
intersections or when an existing traffic control device causes temporary
interruption in the flow of normal traffic, such as at the opening
of a variable bridge in a manner as set forth in N.J.A.C. 16:4-1.1
et seq.
It shall be unlawful for any person to engage in or conduct
or operate viewing machines or binocular machines without applying
for and obtaining a license from the borough.
The application shall set forth the location of the machines,
which location shall be approved by the mayor and council and in the
license the approved location for the machines shall be specified
which will permit the licensee to operate the machines only at the
approved locations.
[Amended 8-19-2020 by Ord. No. O-20-18]
The license fee for each viewing machine or binocular machine
for the term of June 1 to May 20, or for any part of that period shall
be $25.00.
a.
MECHANICAL AMUSEMENT DEVICE – Shall mean and include any machine
which may be operated by the public for entertainment or amusement
whether the machine is coin operated or not, and whether or not it
registers, scores or tallies. Examples of mechanical amusement devices
are pin-ball machines, bowling machines, mechanical grab machines,
skeeball machines, pokerino machines and similar devices. This enumeration
is intended to be typical and shall not be construed as exclusive.
Jukeboxes shall be considered mechanical amusement devices for the
purposes of this section.
b.
OPERATOR – Shall mean any person in whose place of business
any mechanical amusement device is placed or kept for operation by
the public.
c.
DISTRIBUTOR – Shall mean any person who supplies any mechanical
amusement device to another for use in his place of business, whether
under lease or any similar arrangement.
No person shall distribute or operate a mechanical or electronic
amusement device within the borough without having first obtained
a license and paid the required license fee. A license shall not be
issued for the operation of more than four such devices on any one
premises.
[Amended 8-19-2020 by Ord. No. O-20-18]
Operators shall be charged $25.00 for each machine.
The following regulations shall apply to all mechanical amusement
devices:
a.
The premises shall be so arranged as to permit a clear view of the
interior from the exterior at all times.
b.
No operator shall knowingly permit any person convicted of a crime
involving moral turpitude to be associated with him or in the ownership
or management of the business or to be in his employ or to loiter
on the premises.
c.
No operator shall offer or permit to be offered any prizes or awards,
whether in cash or otherwise, as an inducement to use mechanical amusement
devices, except for trophies, plaques or items of a similar nature
of nominal value.
d.
No operator shall permit any minor under the age of 16 years unaccompanied
by a parent or guardian to remain on the premises after 10:00 p.m.
e.
No operator shall permit any activity which is illegal or immoral
or which creates an undue amount of noise or a danger of a breach
of the peace to occur on the premises.
Nothing in this section shall be construed to authorize any
gambling device of any kind whatsoever including any device that dispenses
any kind of pay-off or reward, or any device that has been judicially
determined or declared to be a gambling device under the laws of the
State of New Jersey. If the borough clerk has reason to believe any
mechanical amusement device is used as a gambling device, he shall
have that machine seized and impounded. If, after trial, it is determined
that the machine was in fact being used as a gambling device, it shall
be destroyed and the license of the operator or distributor shall
be revoked. Revocation of license and seizure of machine are in addition
to any other penalty which may be imposed for a violation of this
section.
Shall mean any place where junk material is stored for purchase
of same; the keeping of used automobiles not for the purpose of resale
or repair.
It is unlawful to operate a junk yard in the borough without
securing a license.
All applications for the license shall be submitted to the mayor
and council for approval and shall comply with zoning regulations
of the borough.
The application shall be accompanied by a certified check or
cash in the amount of two hundred ($200.00) dollars which shall be
the amount payable for license fee.
No junk yard may be operated unless the person operates same
on at least two acres of ground and has constructed thereon a fence
at least ten feet in height surrounding the property.
It is unlawful to operate any motor vehicle in the borough for
the transportation of passengers for hire without obtaining a license.
There shall be issued and outstanding in the borough not more
than five taxicab licenses at any one time.
Each applicant for a license shall complete an application in
the form prescribed by the borough council, which application shall
be presented to the borough council for its approval.
The license fee for one year or any part thereof shall be a
minimum of twenty-five ($25.00) dollars for a five passenger capacity
car and five ($5.00) dollars for each additional passenger in excess
of five passengers. No taxicab shall be licensed until an insurance
policy or certificate in lieu thereof and an executed power of attorney,
is filed with the borough clerk as provided in R.S. 48:16-1 et seq.
As a requirement for the issuance of such license the mayor and council
shall be authorized by resolution to require liability insurance coverage
in such amount additional to that prescribed by statute and as it
shall be deemed desirable in the public interest.
The taxicabs shall park in such places in the borough as shall
be designated by the borough council.
Shall mean and include any building or related premises used
principally for the storage, service or repair of motor vehicles.
The term shall also refer to the business of storage or repair of
motor vehicles.
No person shall install, construct, operate or carry on the
business of a gasoline service station as defined in this section
without having first obtained a license therefor pursuant to the provisions
of this section.
The annual fee for each license issued or renewal thereof under
the terms of this section shall be twenty-five ($25.00) dollars, which
fee shall not be prorated.
In addition to the information contained in subsection 4-1.2, the following information shall be required in the application:
a.
The position and size of the lot to be used for the purpose specified
in this section and the number of square feet of area to be occupied
therefor.
b.
A map showing the location of the gasoline service station, its tanks,
buildings and appurtenances in relation to the property upon which
the service station is presently operated or is proposed to be constructed,
installed, operated and maintained and in relation to the adjoining
property and public streets.
c.
The dimensions of any building erected or to be erected thereon and
the material in relation to fireproof qualities used or to be used
in erecting the same.
a.
No inoperable, dismantled or partially dismantled motor vehicles
or parts thereof shall be placed or stored at any time upon any streets,
sidewalks or public areas adjacent to the licensed premises.
b.
No inoperable, dismantled or partially dismantled motor vehicle or
part thereof shall be placed or stored on any part of the licensed
premises where they are exposed to public view for a period of more
than five days.
c.
The licensee shall make suitable provision for storage that is screened
from public view in order to comply with the requirements of this
subsection.
[Amended 2-19-2020 by Ord. No. O-20-04; 1-20-2021 by Ord. No. O-21-05]
No person shall either directly or indirectly conduct any business as defined in this subsection unless he has obtained a mercantile license. The issuance of a license under this section is in addition to, and not in derogation of, any law of the State of New Jersey or ordinance of the Borough regulating the business so licensed. This section shall not apply to any person, firm, corporation, partnership or other entity licensed under the various laws of this state which prohibits licensing by municipalities. Additionally, this section shall not apply to home occupations, home offices, and home professional offices as defined in § 21-8 of the Borough Code, and instead shall only apply to Class 4 properties as defined by N.J.A.C. 18:12-2.2. For the purposes of this section, any person shall be deemed to be engaged in a business and subject to the provisions of this section when he does either or both of the following acts:
a.
Sells any goods or services from a fixed location in the Borough
where the business is conducted directly from a fixed location.
b.
Solicits business or offers goods or services for sale or for hire
from a fixed location in the Borough where the business is conducted
directly from the fixed location.
[Amended 1-20-2021 by Ord. No. O-21-05]
Any person required to procure a mercantile license under the provisions of this section shall submit an application to the Borough Clerk accompanied by the required fee. Before applying for a mercantile license, an applicant must obtain a business certificate of occupancy for the premises pursuant to § 10-14 of the Borough Code. The application for a mercantile license shall be on a form provided by the Borough Clerk and shall contain the following:
a.
Any previous revocation or suspension of any license issued by the
Borough and the reasons therefor.
c.
A statement that the applicant is not in default under the provisions
of this section or indebted or obligated in any manner to the Borough,
except for current taxes.
d.
Such other facts relative to the general personal history of the
applicant or his officers and managers if the applicant is not an
individual, so as to enable the Borough to make a fair examination
of the eligibility of the applicant.
e.
Name of person to whom license will be issued and his residence address.
If applicant is not an individual, then the names, positions, and
residence address of all officers and managers of the applicant.
f.
Premises at which the business is to be carried on and the name and
address of the owner of the premises.
[Amended 8-19-2020 by Ord. No. O-20-18]
The fee for a mercantile license shall be fifty ($50.00) dollars.
On transfer of the location of the licensed business to a new location
within the borough, or on sale of a business within the borough, a
license may be transferred within its current term on amendment of
the information contained in the application for license and payment
of a transfer fee of $25, plus $10.00 per month late fee.
[New; Ord. No. O-94-15; Ord. No. O-04-13; Ord.
No. O-2014-31]
a.
Investigation. On submission of the application and required fee
to the borough clerk, the borough shall cause an investigation to
be made by the police department. The applicant shall pay the fees
set forth below for said investigations as follows:
The Borough may, annually, select an alternate entity to provide
criminal record history background checks/fingerprint services by
soliciting proposals and designating the most qualified entity responding
to the solicitation of proposals.
|
State/Federal Fingerprint Checks
(Money order only - Payable to: NJ State Police SBI)
|
$59.00
|
|
Gateway Business Status Reports (for financial background checks)
|
$5.00
|
|
Standing Certificates
|
$40.00
|
|
Foreign Limited Liability Certificates*
|
$75.00
|
|
Domestic Limited Liability Certificates*
|
$75.00
|
|
*The police chief, or his designated representative will have
sole discretion to determine whether it is necessary to obtain Foreign
and/or Domestic Limited Liability Certificates.
|
b.
Appeals. If the application is not granted, the borough shall state
its disapproval in writing within ten days after the filing of the
application. If approved by the borough administrator, the license
shall be issued by the borough clerk. If disapproved by the borough
administrator, the applicant shall have ten days from receipt of notice
of disapproval to appeal to the borough council. The council shall
render a decision no later than 30 days after the date of making the
appeal.
If a license is not granted, disapproval in writing within ten
days after the filing of the application shall be made. If approved
by the borough administrator, the license shall be issued by the borough
clerk. If disapproved by the borough administrator, the applicant
shall have ten days from the receipt of notice of disapproval to appeal
to the borough council. The council shall render a decision no later
than 30 days after the date of making the appeal.
[New]
The holder of a mercantile license shall:
a.
Permit all reasonable inspections of his premises.
b.
Permit access to the licensed premises at all reasonable times for
the purpose of inspection.
c.
Avoid all prohibited, improper, unlawful or unnecessary practices
or conditions which do or may adversely affect public health, morals
or welfare.
d.
Post or maintain his license on the licensed premises in a place
where it may be seen at all times.
[New]
The borough council may authorize the issuance of special permits
without the payment of the mercantile license fee to any public, charitable,
educational, literary, fraternal or religious organization for the
conduct or operation of a temporary nonprofit enterprise of a public,
charitable, educational, literary, fraternal or religious nature.
However, applicants shall submit the usual application form in the
manner provided and, if such permit is granted, shall observe all
other requirements of this section.
[New]
The provisions of this section shall not apply to:
[Ord. No. O-12-18 § 3]
Any person, corporation or other entity which engages in any activity outlined in subsection 4-9.1 requiring a mercantile license who conducts such activity without a mercantile license shall be subject to a fine not less than one hundred ($100.00) dollars nor more than two thousand ($2,000.00) dollars. Each day any violation of this Code or any other Borough ordinance, rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense. Any person who is convicted of violating this section within one (1) year of the date of a previous violation, and who was fined for that previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the provision, but shall be calculated separately from the fine imposed by the violation of the provision.
[1]
Editor's Note: Former Section 4-10, Bicycles, previously codified
herein and containing portions of Ordinance No. 0-74-12 was repealed
in its entirety by Ordinance No. 0-12-7.
[Ord. No. O-89-05 § 1]
It shall be unlawful to operate a ferry commutation service
which shall pick up and discharge passengers in the Borough of Highlands
and transport passengers for hire without obtaining a license.
[Ord. No. O-89-05 § 1]
There shall be issued by the governing body of the Borough of
Highlands, one or more licenses for ferry commutation service as the
governing body may determine to be in the best interest of the Borough
of Highlands, considering the traffic congestion and the availability
of municipal services necessary to provide for community health, welfare,
and protection which may be required as the result of ferry service
operations in the borough.
Each application for a license shall be completed in the form
prescribed by the borough council, which application shall be presented
to the borough council for its approval.
Each application shall be accompanied by a certification from
the New Jersey Department of Environmental Protection or an authority
satisfactory to the governing body that each vessel to be operated
by the licensee satisfy the decibel standards for maximum permissible
noise as established by the New Jersey Department of Environmental
Protection.
[Amended 8-19-2020 by Ord. No. O-20-18]
The license fee for one year shall be $10,000.00 which shall
be at the beginning of each calendar license year. No ferry service
shall be licensed until an insurance policy is filed with the borough
clerk providing liability insurance coverage in such amount as may
be deemed by the governing body to be necessary for the protection
of the public interest, which amount shall be fixed by resolution
of the governing body from time to time.
Any person, corporation or other entity which operates a ferry
without a license is subject to a penalty of one thousand ($1,000.00)
dollars per day of operation, if found by the municipal court to have
so operated.
Any provisions of the Revised General Ordinances of the Borough
of Highlands inconsistent with this section are hereby rescinded and
repealed and the Licensing Ordinance in all other respects is hereby
ratified, confirmed and approved.
As used in this section:
Shall mean and include all sales entitled "garage sales,"
"yard sale," "attic sale," "rummage sale" or "flea market sale" or
any similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of
said sale.
Shall mean any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder and which
is owned by the licensee or consigned to him. The sale of new goods
purchased or manufactured for the purpose of offering them for sale
at a garage sale or the taking of orders for goods to be manufactured
for future delivery to the purchaser is not permissible at a garage
sale.
Shall mean owner or lessee of the premises upon which the
sale is to be conducted.
[Amended 8-19-2020 by Ord. No. O-20-18]
It shall be unlawful for any person to conduct a garage sale
in the Borough without first filing with the Borough Cerk the information
hereinafter specified and obtaining from the Clerk a license to conduct
such a sale, to be known as a "garage sale license." No person applying
for a license shall be permitted to have more than three garage sales,
rummage sales or flea markets per year.
a.
There shall be no charge for a "garage sale license" when the individuals
seek to have their garage sale, rummage sale or flea market sale on
a date that the Borough of Highlands has not identified as a date
on which a borough-wide garage sale will be held.
b.
There shall be no charge for the "garage sale license" when individuals
have their garage sale, rummage sale or flea market sale on a date
that the Borough of Highlands has identified as a date on which a
borough-wide garage shall will be held.
Not more than three garage sale licenses shall be issued to
any one person or for any one premises in the borough for any one
year. No garage sale licenses shall be good for more than two days.
Each such license shall at all times during the sale be prominently
displayed upon the premises upon which the sale is being conducted
and shall be so displayed as to be visible from the street upon which
the premises front or if such premises do not have frontage upon a
public street at the entrance from the street to the premises.
The information to be filed with the borough clerk pursuant
to this section shall be as follows:
a.
Name of person, firm, group, corporation, association or organization
conducting the sale.
b.
Name of owner or lessee of the property on which the sale is to be
conducted.
c.
Telephone number of occupant.
d.
Location at which sale is to be conducted.
e.
Number of days of sale.
f.
Date, nature of any sale.
g.
Sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him/her to be so.
h.
All persons wishing to conduct such sales shall register said information
with the borough clerk, in writing, at least five days prior to said
date of sale.
No such license shall be issued to any person who is not the
occupant of the premises upon which such sale or activity is conducted
and the licensee shall be responsible for the maintenance of good
order and decorum on the premises during all hours of such sale or
activity. No licensee shall permit any loud or boisterous conduct
on the premises nor permit vehicles to impede the passage of traffic
on any such roads or streets in the area of such premises. All such
licensees shall obey the reasonable orders of any member of the police
or fire department of the borough in order to maintain the public
health, safety and welfare. All licensed premises shall at all times
be subject to such reasonable rules as may be made from time to time
by the borough council and shall be subject to inspection at all times
by the building inspector, chief of police and fire chief, or any
of their agents or any other duly authorized representative of the
borough.
All garage sales shall be conducted between the hours of 9:00
a.m. and 6:00 p.m. only.
Sales unable to be held due to acts of nature storm, wind, etc.
may be rescheduled with the borough clerk provided that the licensee
notify the borough clerk on the business day next following the original
date of the sale.
Sales will not be rescheduled if the sale was held during any
part of the original sale period.
No signs for advertising or directing customers are to be posted
on any public property. No such sign shall exceed two feet by two
feet in size, and no sign shall be placed on the premises earlier
than 24 hours prior to the sale. All such signs shall be removed by
the licensee, 24 hours after the sale has terminated.
It shall be unlawful for any person to offer for sale mattresses,
bedsprings, cots, lounges and sofas in any garage sale authorized
under this section without first complying with the appropriate section
of N.J.S.A. 26:10-1 through 26:10-18, with respect to the labeling,
sterilizing, disinfecting of the mattresses, bedsprings, cots, lounges
and sofas.
The provisions of this section shall not apply to or affect
the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public
officials.
c.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement,
and which separate items do not exceed five in number.
d.
Any sale conducted by any merchants or mercantile or other business
establishment from or at a place of business wherein such sales would
be permitted by the zoning regulations of the borough, or under the
protection of the nonconforming use section thereof or any other sale
conducted by a manufacturer, dealer or vendor and which sale would
be conducted from properly zoned premises and not otherwise prohibited
in any ordinance of the borough.
e.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption; and
provided further that no such institution or organization shall conduct
a sale in the borough unless it is the occupant of the premises upon
which the sale is to be conducted.
This section shall be enforced by the code enforcement officer
or the police department. It shall be the duty of the code enforcement
officer or the police department to investigate any violations of
this section coming to his/her attention, whether by complaints or
arising from his/her own personal knowledge, and if a violation be
found to exist, he/her shall prosecute a complaint before the local
municipal court pursuant to the provisions of this section.
Any person conducting any such sale or similar activity without
being properly licensed therefore or who shall violate any of the
other terms and regulations of this section shall upon conviction,
be fined not less than twenty-five ($25.00) dollars nor more than
fifty ($50.00) dollars for each violation. Each day that such violation
shall continue shall be considered a separate violation.
Shall mean and include that portion of a dwelling unit, rented
or offered for rent for living and dwelling purposes, to one individual
or family unit, together with all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use occupancy of such portion of the property.
Shall mean fit to habitation as defined by the Statutes of
the State of New Jersey, and the Codes and Ordinances of the Borough
of Highlands.
Shall mean and include that portion of a building or structure
rented or offered for rent to one or more tenants or family units.
Shall be treated as separate and individual rental properties.
Shall mean the cleanliness and proper working order and upkeep
of all areas used by tenants and the public.
Shall mean those persons who have leased the unit from the
owner regardless of the type of tenancy under which they occupy the
unit.
Shall mean the primary residential living unit of the owner.
Shall mean any person who owns any legally cognizable interest
in any apartment complex, including but not limited to outright ownership,
ownership through a partnership, corporation or limited liability
company.
Shall mean any structures or building which contains one
or more individual residential units.
Shall mean and include that portion of a dwelling, building
or structure rented or offered for rent, for living and dwelling purposes
to individuals or to family units.
Shall mean and include that portion of a dwelling, building
or structure rented or offered for rent, for living and dwelling purposes,
to individuals or family units.
a.
License Required. No person(s) corporation or business entity shall
offer any residential property for rent, or shall rent, lease or let
any residential property to any person or persons, without first obtaining
a license.
b.
Application Information. The applicant shall provide the information
required on the application form.
c.
License Fee. The initial annual registration fee of two hundred fifty
($250.00) dollars shall be assessed on a per tax lot basis. In addition
to the annual registration fee, the following fees shall apply per
each rental unit located on each separately designated tax lot:
Year 1: $75.00 per rental unit
Year 2: $50.00 per rental unit
Year 3, and every year thereafter: $25.00 per unit
The annual fee is to be paid within 20 days of the first of
the year or when it is due.
The abated fees provided for years 2, 3 and thereafter shall
only be applied to rental properties for which no statutory, ordinance
or regulatory violations have issued for at least one year prior to
license renewal.
In the event of such violation, the annual fee shall be seventy-five
($75.00) dollars per rental unit, per tax lot, and shall not be abated
unless and until the licensed landlord, and all units located in said
rental property have remained violation free for a period of at least
one year.
Notwithstanding the above, all landlords/property owners must
apply for, obtain and pay the usual fee for any certificate of occupancy
which is required by any statute, regulation or ordinance for any
affected premises.
Upon the transfer of ownership of the subject property, the
new owner shall have ten days to apply for a license.
d.
Revocation of License. In the event of a violation(s) of this or
any other borough ordinance statute or regulation concerning rental
property in the Borough of Highlands, by a license of rental property,
the mayor and council may revoke the license after notice is given
and the opportunity for a hearing is had. A license shall not be revoked
until five days prior notice of the grounds therefore is served on
this licensee and a reasonable opportunity is given to the license
to be heard thereon.
a.
The owner of every rental property within the Borough of Highlands
shall file a Rental Property Registration Statement with the borough
clerk, the form of which is on file with the borough clerk. The borough
clerk shall provide a copy of same to the housing official. When providing
a copy of same to any other person or entity requesting same, the
clerk, code official, shall redact the names and addresses, age and
gender of tenants.
b.
The Rental Property Registration Statement shall be filed on an annual
basis on or before June 1st of each year.
c.
The Rental Property Registration Statement shall include:
1.
The names and addresses of record owners of the rental property,
including all general partners in the case of partnership and all
members in the case of a limited liability company and all shareholders
in the case of a corporation;
2.
The name and address of a person who resides in Monmouth County and
who is authorized to accept notices from a tenant or a municipality,
to issue receipts for these notices, and to accept the services of
process on behalf of the record owner;
3.
The name and address of the managing agent and, if applicable, the
name, address and telephone number of the superintendent, janitor,
custodian or other person employed to provide regular maintenance
services, and the name, address and telephone of an individual representative
of the record owner of managing agent who may be reached or contacted
at any time in the event of an emergency affecting the dwelling or
any dwelling unit, including such emergencies as the failure of any
essential service or system, and who has authority to make emergency
decisions concurring the building or unit, including the making of
repairs;
4.
The name, age and gender of each and every tenant in each unit, including
children. The information contained in the Rental Property Registration
Statement must be sent forth information for each unit within the
rental property and must include all tenants in each unit.
5.
The names and addresses of all holders of recorded mortgages on the
property;
6.
If fuel oil is used to heat the unit, the name and address of the
fuel oil dealer servicing the unit and the grade of oil used;
7.
As to each unit, the owner shall provide a floor plan of each rental
unit which shall depict the number, dimensions and location of each
room in the unit identifying each room, including both its designed
and actual use. No space shall be used for sleeping purposes which
has not been so designated as a sleeping area on the sketch provided
by the owner and approved by the housing official, which shall be
on file with the housing official; and
8.
Such other information as may be required by the borough.
d.
In the event the tenancy changes during the year, the landlord, owner
or managing agent shall, within ten days of the change in tenancy,
provide an updated Rental Property Registration Statement for every
unit in which a change in tenant has occurred. This shall be in addition
to the requirements for obtaining a certificate of occupancy for the
change of tenancy. A change in tenancy shall mean the addition of
any person not included in the annual statement or the deletion of
any person on the annual statement.
The provisions of the chapter shall not apply to public housing
authorities, not for profit housing corporations, and rental property
restricted to senior housing or housing for the developmentally disabled.
a.
All rental units shall be inspected by persons or agencies duly authorized
by the borough for inspections for purpose of determining Zoning Ordinance
compliance and to determine if the rental property, unit or complex
complies with all laws, including but not limited to the Property
Maintenance Code, Uniform Construction Code, Health Code, Housing
Code, and Fire Code.
b.
In the event that the inspection(s) of rental unit does not result
in a satisfactory inspection, the owner or agent shall cause all necessary
repairs or corrections to be made within the time prescribed by the
applicable official or code, and if not made within that time period,
the owner shall be deemed in violation of this section, and every
day that the violation continues shall constitute a separate and distinct
violation subject to the penalty provisions herein.
c.
All rental units subject to this section shall be subject to inspections
to determine their condition in order to safeguard the health, safety
and welfare of the occupants of such rental units and of the general
public and to determine compliance with this section. The owner, operator,
agent and occupants shall make the units available for such inspections
and are required to provide the necessary arrangements to facilitate
such inspections. Inspections shall be made with the consent of the
occupant, who is of legal age to grant such consent, or, absent consent,
with an administrative search warrant, unless there is reason to believe
that a violation exists which poses an immediate threat to health
or safety, requiring inspection and abatement without delay. Reasonable
attempts shall be made to obtain that consent of the occupant.
d.
In the event of a refusal of entry in inspection, the inspection
officer may, upon affidavit, apply to the judge of the municipal court
for a search warrant, setting forth the reasonable basis for believing
that a nuisance of violation of this section.
a.
No person shall occupy any rental unit, nor shall the owner permit
occupancy of a rental unit, unless the unit is registered in accordance
with this section.
b.
Pursuant to BOCA 1996 and 1997, Property Maintenance Schedule 405.5,
"Overcrowding" it shall be unlawful for any person, including the
owner, agent or tenant, to allow a greater number of persons than
the posted maximum number of occupants to reside in the rental unit.
c.
Only those persons whose names are on file as required in this section
may reside in the registered premises. It shall be unlawful and a
violation of this section for any other person to reside in the premises.
This provision may be enforced against the landlord and tenant and/or
other person residing in the premises.
d.
No rental property or unit shall be conducted or maintained in such
a manner as to constitute a nuisance.
e.
In every written lease for each rental unit, the landlord shall include
the following:
a.
Failure to comply with the provisions of this section shall result
in the imposition of a fine in the amount of one thousand two hundred
fifty ($1,250.00) dollars.
In addition to the fine set forth above, the court may impose
imprisonment for a term not exceeding 90 days, or a period of community
service not exceeding ninety 90 days, or both.
It shall be deemed a separate and distinct violation, subject
to the penalty provisions of this section, for each and every day
that such violation continues and for each and every rental property
and/or rental unit for which the violation continues.
b.
Other Fees and Penalties.
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Annual electrical inspection for pool
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$50.00
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Change of CCO inspection fee
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$50.00
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Reinspection fee
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$25.00
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Reinspection of reinspection of violations
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$75.00
|
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Requested preinspection
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$40.00
|
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Request for hearing board
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$500.00
|
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No show at requested inspection, reinspection fee (15 minute
wait)
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$80.00
|
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No show reinspection fee (15 minute wait)
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$100.00
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TCO
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$75.00
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Replacement of lost inspection certificate by applicant
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$10.00
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Failure to register — 1st offense
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$1,250.00
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Failure to register — 2nd offense
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$2,500.00
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Negligent or inadvertent failure to register a unit, apartment,
home for rental
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$1,250.00
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Refusal or deliberate failure to register a unit, apartment,
home or rental
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$2,500.00
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Failure to supply copy of lease (1 copy)
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$100.00
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Overcrowding
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$1,250.00
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Request for extension of time, must be in writing
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$10.00
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Failure to supply floor plan
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$250.00
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[Ord. No. O-2018-08 § 1]
This section aims to regulate the increasingly widespread practice
of renting or leasing various types of dwellings, or segments thereof,
located primarily in residential neighborhoods, on a short-term basis
to transient guests. This practice has been popularized and facilitated
by various websites that advertise and broker these rentals. Left
unregulated, this practice could adversely affect the health, safety,
and general welfare of the citizens of the Borough. This section seeks
to balance the rights of the owners of residential dwelling units
and the needs of the community at large.
This section does not apply to lawfully established and operating
hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast
establishments.
[Ord. No. O-2018-08 § 1]
As used in this Section 4-14, the following terms shall have the meanings indicated below:
Shall mean an individual or entity holding title to a property
proposed for short-term rental, by way of a legally recorded Deed.
Shall mean the owner of the property resides in the short term rental property (also referenced as "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 4-14. For purposes of 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 4-14.
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 being a principal residence for purposes of this Section 4-14.
Shall mean a parcel of real property located within the boundaries
of the Borough of Highlands.
Shall mean both the short-term rental property owner and
a person (or 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.
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 thirty (30) or less consecutive days, but for not less than three consecutive days, up to a cumulative total period of not to exceed ninety (90) days in a calendar year, 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 4-14.
Shall mean a dwelling unit as defined in subsection 10-3.1 of the Code of the Borough of Highlands, 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 4-14. Dwelling units rented to the same occupant for more than thirty (30) continuous days, licensed Bed and Breakfast establishments, licensed rooming or boarding houses, hotels, and motels shall not be considered Short-Term Rental Property.
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 4-14. 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.
[Ord. No. O-2018-08 § 1]
a.
It shall be unlawful for any owner of any property within the geographic bounds of the Borough of Highlands, to rent or operate a short-term rental contrary to the procedures and regulations established in this Section 4-14 or applicable State statute.
b.
Short-term rentals shall be permitted to be conducted in the following
classifications of property in the Borough of Highlands:
1.
Condominium units, where the Condominium Association By-Laws and
Master Deed do not prohibit a short-term rental, and where the owner
of the unit legally identifies the address as his or her principal
residence;
2.
Individually or collectively owned single-family residences, which
one of the owners legally identifies as the address of his or her
principal residence, as that term is defined herein;
3.
One unit within a two-family residential dwelling, where the other
unit is occupied by the owner and identified by the owner as his or
her principal residence, as that term is defined herein;
4.
Not more than two units in any multi-family residential dwelling,
where one other unit in the same dwelling is occupied by the owner
and identified by the owner as his or her principal residence, as
that term is defined herein;
[Amended 9-1-2021 by Ord. No. O-21-31]
5.
Not 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 identified by the owner
as his or her principal residence, as that term is defined herein;
and
[Amended 9-1-2021 by Ord. No. O-21-31]
6.
Not more
than two units in any mixed-use building.
[Added 9-1-2021 by Ord. No. O-21-31]
c.
Notwithstanding the provisions of paragraph b above, short-term rentals
shall not be permitted in boarding or rooming houses, dormitories,
foster homes, adult family care homes, assisted living facilities,
community residences for developmentally disabled persons, community
shelters for victims of domestic violence, or nursing homes. Further,
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;
2.
An individually or collectively owned single-family residential dwelling
unit, which address none of the owners legally identifies as his or
her principal residence;
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;
4.
Three or more units in a multi-family residential dwelling, and where
one of the other units is not occupied by the owner nor legally identified
by the owner as his or her principal residence;
[Amended 9-1-2021 by Ord. No. O-21-31]
5.
A room 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.
6.
Two or more individual rooms within a single-family, two-family or
multi-family residential dwelling unit, where the rooms share common
kitchen and bathroom facilities with the occupant(s) of the dwelling
unit(s) in which they are 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 Section 4-14 shall apply to short-term rentals as defined in subsection 4-14.2 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 Section 4-14: any hotel, motel, studio hotel, rooming house, dormitory, public or private club, bed and breakfast inn, convalescent home, rest home, home for aged people, foster home, 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.
[Ord. No. O-2018-08 § 1]
a.
In addition to any land use requirement(s) set forth by the Zoning
and Land Use Regulations of the Borough of Highlands, the owner/operator
of a short-term rental property shall obtain a short-term rental permit
from the Borough of Highlands Municipal Clerk, before renting or advertising
for rent any short-term rental.
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 Borough of Highlands Municipal Clerk. 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 MLS or any realtor's property listing shall be a violation of this Ordinance No. O-2018-08. No STR permit issued under this Section 4-14 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 Borough of Highlands Municipal Clerk, a short-term rental
permit application provided by the Borough, along with an annual application/registration
fee as follows:
1.
$400.00 annually for short-term rental property to be rented to separate
transient occupants not more than five (5) times per month; or
2.
$500.00 annually for short-term rental property to be rented to separate
transient occupants six (6) or more times per month.
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Any owner who submits a short-term rental permit application for the rental to separate transient occupants not more than five (5) times per month and thereafter rents the STRP six (6) or more times in a single month shall immediately owe the difference in permit application/registration fees of $100.00 to the Borough within ten (10) days of the sixth rental. Failure to pay within that time frame shall constitute a violation of this Section 4-14.
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The annual application/registration fee shall be non-refundable,
including in the event that the application is denied. The fee shall
also constitute the required fee for the rental Certificate of Occupancy
application, referenced below.
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d.
The short-term rental permit, if granted, shall be valid for a period
of one year from the date of issuance.
e.
The owner of a short-term rental property, as defined herein, or
any agent acting on behalf of the owner, who intends to rent all of
the property, or any permitted part thereof as a short-term rental,
shall also make application to the Municipal Clerk, in conjunction
with the short-term rental permit application, for the issuance of
a rental Certificate of Occupancy for the short-term rental property,
on such forms as required by that Department.
f.
A short-term rental permit and rental Certificate of Occupancy shall be renewed on an annual basis, based upon the anniversary of the original permit issuance, by submitting to the Municipal Clerk, a short-term rental permit application and rental Certificate of Occupancy application and a registration fee as set forth in subsection 4-14.4c.
g.
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 registration fee shall also be required for
any short-term rental that had its short term rental permit revoked
or suspended.
[Ord. No. O-2018-08 § 1]
a.
Applicants for a short-term rental permit shall submit, on an annual basis, an application for a short-term rental permit to the Borough of Highlands Municipal Clerk. The application shall be furnished, under oath, on a form specified by the Borough Administrator, accompanied by the non-refundable application fee as set forth in subsection 4-14.4 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 partners, officers and/or directors of any such entity,
and the personal contact information, including 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, if required by this Section 4-14, that the property is the principal residence, as that term is defined herein, of the owner making application for the STR permit;
[Amended 9-1-2021 by Ord. No. O-21-31]
4.
If applicable, the owner's sworn acknowledgement that they comply with the requirement that the short-term rental property constitutes the owner's principal residence, as defined in subsection 4-14.2 above;
[Amended 9-1-2021 by Ord. No. O-21-31]
5.
The name, address, telephone number and email address of the short-term
rental property responsible party, which shall constitute his or her
7 day a week, 24-hour a day contact information;
6.
The owner's sworn acknowledgement that he or she has received a copy
of this Ordinance No. O-2018-08, has reviewed it, understands its
requirements and certifies, under oath, as to the accuracy of all
information provided in the permit application;
7.
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;
8.
The owner's agreement that all renters of the short-term rental property
shall be limited to one (1) vehicle per four (4) occupants in the
short-term rental property;
9.
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
10.
Any other information that this section requires a property owner
to provide to the Borough in connection with an application for a
rental certificate of occupancy. The Borough Administrator his or
her 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 section.
b.
Every application for a short-term rental permit shall require inspections every three months for the STRP's compliance with the Borough's fire safety regulations and property maintenance code. In addition, each application is subject to review to verify the STRP's eligibility for use as a short-term rental and compliance with the regulations in this Section 4-14.
c.
For a condominium short-term rental permit application, a letter
of approval by the condominium association must be submitted with
the application.
d.
A Zoning Compliance Certificate, which states that the premises are
not being occupied or used in violation of the Zoning and Land Use
Regulations of the Borough of Highlands, shall be required.
e.
A sworn statement shall be required that there have been no prior
revocations or suspensions of this or a similar license, in which
event a license shall not be issued, which denial may be appealed
as provided hereinafter.
f.
Attached to and concurrent with submission of the permit application described in this Section 4-14, the owner shall provide:
g.
The STRP owner/permit holder shall publish the short-term rental
permit number issued by the Borough in every print, digital, or internet
advertisement, and/or in the Multiple Listing Service (hereinafter
"MLS") or other real estate listing of a real estate agent licensed
by the NJ State Real Estate Commission, in which the short-term rental
property is advertised for rent on a short term basis.
h.
Each and every time there is a change of occupancy by transient occupants
during the year when the permit is active, the STRP owner, their agent,
or the responsible party must provide the Borough with information
as to the identity of all transient occupants who will be occupying
the STRP, on a form to be made available by the Municipal Clerk or
in electronic format on the Borough website. The intent is that the
Borough shall have basic identifying information of all occupants
of the STRP at all times, just as required by the Borough in conjunction
with any standard rental Certificate of Occupancy application, which
information shall include the occupant's or occupants' names and ages,
and the dates of the commencement and expiration of the term of each
short-term rental period of the respective occupant(s).
i.
In no event shall a short-term rental property be rented to anyone
younger than twenty-one (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 twenty-one (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 twenty-one (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 twenty-one
(21), during the term of the short term rental;
[Ord. No. O-2018-08 § 1]
a.
Once an application is submitted, complete with all required information and documentation and fees, the Municipal Clerk, following any necessary investigation for compliance with this Section 4-14 shall either issue the short-term rental permit and Certificate of Occupancy, or issue a written denial of the permit application (with the reasons for such denial being stated therein), within ten (10) business days.
b.
If denied, the applicant shall have ten (10) business days to appeal
in writing to the Borough Administrator, by filing the appeal with
the Borough Administrator's Office.
c.
Within thirty (30) days thereafter, the Borough Administrator or
his or her designee shall hear and decide the appeal.
[Ord. No. O-2018-08 § 1]
a.
All short-term rentals must comply with all applicable rules, regulations
and ordinances of the Borough of Highlands 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.
A dwelling unit shall be limited to a single short-term rental contract
at a time.
c.
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.
d.
Transient occupants of the STRP shall comply with all ordinances
of the Borough of Highlands 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 and the responsible party 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.
e.
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);
3.
The phone numbers for the Highlands Police Department, the Highlands
Fire Department, the Borough of Highlands Department of Code Enforcement
and the Borough of Highlands Building Department;
4.
The maximum number of parking spaces available onsite;
5.
Trash and recycling pick-up day, and all applicable rules and regulations
regarding trash disposal and recycling;
6.
A copy of the this Ordinance No. O-2018-08)
7.
A copy of Section 4-15 "Procedures to Require an Owner of Rental Property Which Has Become Source of at Least two (2) Substantiated Complaints to Post a Bond or Equivalent Security to Compensate for any Future Damage or Expense Suffered from Future Repetition of Disorderly, Indecent, Tumultuous or Riotous Conduct"; and
8.
Notification that a guest, transient occupant, the responsible party
or STRP owner may be cited or fined by the Borough of Highlands Police
Department, Code Enforcement, or the Borough of Highlands Building
Department, for violations of, and in accordance with any applicable
ordinance(s) of the Borough of Highlands;
f.
In the event any complaints are received by the Highlands Police
Department, Code Enforcement, or the Building Department regarding
the short-term rental and/or the transient occupants in the STRP,
and the owner of the STRP is unreachable or unresponsive, the responsible
party 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.
g.
While a STRP is rented, the owner, the responsible party shall be
available twenty-four hours per day, seven days per week for the purpose
of responding within one (1) hour 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 Highlands Police Department or neighbors, arising by virtue
of the short-term rental of the property.
h.
If the STRP is the subject of two (2) or more substantiated civil
and/or criminal complaints, the Borough Administrator or his designee
may revoke the short-term rental permit issued for the property, in
which case, the STRP may not be the subject of a new STRP permit application
for one (1) year following the date of revocation of the permit.
i.
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 NJ State 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 and the
responsible party to issuance of fines and/or penalties.
j.
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 4-14 will result in enforcement action against the tenant, the STRP owner, and the responsible party, and will subject all such parties to the issuance of a Summons and levying of fines and/or penalties.
k.
In the event that the Borough receives three (3) 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 Borough Administrator or his designee.
l.
The STRP owner must be current with all tax 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 Borough
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.
m.
All fines or penalties issued by the Municipal Court for the Borough
of Highlands 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.
[Ord. No. O-2018-08 § 1]
A violation of any provision of the within Section 4-14 may subject the STRP owner, transient occupant(s), and the responsible party or their agents to fines assessed by the Court up to $2,000.00 per violation, per day that the violation exists.
[Ord. No. O-2018-08 § 2]
The Borough Council finds, determines and declares that:
a.
Highlands is a resort community and its citizens have experienced
disturbances, damage and public expense resulting from carelessly
granted and inadequately supervised rentals to irresponsible vacationers
by inept or indifferent landlords.
b.
This section is enacted to preserve the peace and tranquility of
the community for its permanent residents, and to maintain the municipality
as a viable vacation resort for all persons and families availing
themselves of the facilities in the community.
c.
The enactment of this section is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible rentals.
d.
The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12(n)
et seq. to enable certain communities to take effective action to
assure that excesses, when they occur, shall not be repeated, and
that landlords offering rentals be held to sufficient standards of
responsibility.
[Ord. No. O-2018-08 § 2]
For the purpose of this section, the following meanings shall
apply:
Shall mean a licensed attorney of the State of New Jersey
appointed by the Mayor, subject to the advice and consent of the Borough
Council. The hearing officer shall not own or lease any real property
within the Borough of Highlands, nor hold any interest in the assets
of or profits arising from the ownership of such property.
Shall mean the person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, including but not limited to any building subject to the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (N.J.S.A. 55:13A-1 et seq.), owner-occupied two-unit premises, and short-term rentals pursuant to Section 4-14.
Shall mean any rental of residential accommodations.
Shall mean an act of disorderly, indecent, tumultuous or
riotous conduct, including by way of example but not limited to, simple
assault, terroristic threats, harassment, urinating in public, lewdness,
criminal mischief, or excessive noise, upon or in proximity to any
rental premises, and attributable to the acts or incitements of any
of the tenants of those premises which have been substantiated by
prosecution and conviction in any court of competent jurisdiction.
[Ord. No. O-2018-08 § 2]
a.
If, in any twelve (12) month period, two (2) complaints, as defined in subsection 4-15.2 hereof, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct, including by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, or excessive noise, upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Borough Council or any officer or employee of the Borough so designated by the Borough Council for this purpose, may institute proceedings to require the landlord of the rental premises to post a bond against the consequences of future incidents of the same character.
b.
The Borough Council or any officer or employee of the municipality
designated by the Borough Council shall cause to be served upon the
landlord, in person or by registered mail, to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with particulars of the substantiated
complaint upon which those proceedings are based, and of the time
and place at which the hearing will be held in the matter, which shall
be in the Municipal Building, Municipal Court or such other public
place as designated by the Borough Council, and which shall be no
sooner than thirty (30) days from the date upon which the notice is
served or mailed.
c.
At the hearing convened pursuant to paragraph b above, the hearing
officer shall give full hearing to both the complaint of the municipality
and to any evidence in contradiction or mitigation that the landlord,
if present or represented or offering such evidence, may present.
At the conclusion of the hearing, the officer shall determine whether
the landlord shall be required to post a bond in accordance with the
terms of this ordinance.
d.
Any bond required to be posted shall be in accordance with the judgment
of the hearing officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
1.
Damages likely to be caused to public or private property consequent
upon disruption of affected residents' rights of fair use and quiet
enjoyment of their premises; and
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the municipality for the costs of repressing and prosecuting
such incidents of disorderly behavior; provided, however, no such
bond shall be in an amount less than five hundred ($500.00) dollars
nor more than five thousand ($5,000.00) dollars. The municipality
may enforce a bond thus requiring an action in the Superior Court,
and shall be entitled to an injunction prohibiting the landlord from
making or renewing any lease of the affected premises for residential
purposes until that bond or equivalent security, in satisfactory form
and amount, has been deposited with the municipality.
e.
Any bond or other security deposited in compliance with paragraph d3 above shall remain in force for a period of four (4) years. Upon the lapse of the four (4) year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under subsection 4-15.4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by paragraph d above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Borough Council may by Resolution shorten the period for which security is required to not less than one (1) year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
[Ord. No. O-2018-08 § 2]
a.
If during the period for which a landlord is required to give security pursuant to subsection 4-15.3 above, a substantiated complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in subsection 4-15.3e above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.
b.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 4-15.3d above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection 4-15.3d above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicated the appropriateness of such change in order to effectually carry out the purposes of this ordinance. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in subsection 4-15.3d above.
[Ord. No. O-2018-08 § 2]
The hearing officer shall be a licensed attorney of the State
of New Jersey appointed by the Mayor, subject to the advice and consent
of the Borough Council. A hearing officer shall not own or lease any
real property within the Borough of Highlands, nor hold any interest
in the assets of or profits arising from the ownership or lease of
such property.
[Added 5-1-2019 by Ord.
No. O-19-10]
For the purpose of this section, and the interpretation and
enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they
are used shall indicate otherwise:
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
The Borough of Highlands.
Includes all real property owned by the Borough, other than
public streets and utility easements as those terms are defined herein,
and all property held in a proprietary capacity by the Borough, which
are not subject to the right-of-way licensing as provided in this
section.
The volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way
that is or will be available for use for additional telecommunications
facilities.
The highways, streets, alleys, utility easements or other
rights-of-way within the Borough but under the jurisdiction and control
of a governmental entity other than the Borough.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited-liability
companies and individuals and includes their lessors, trustees and
receivers.
Any highway, street, alley or other public right-of-way for
motor vehicle travel under the jurisdiction and control of the Borough
which has been acquired, established, dedicated or devoted to highway
purposes not inconsistent with telecommunications facilities.
Includes all public streets and utility easements, as those
terms are defined herein, now or hereafter owned by the Borough, but
only to the extent of the Borough's right, title, interest or authority
to grant a license to occupy and use such streets and easements for
telecommunications facilities.
Consistent with 47 CFR 1.6002(I), small wireless facilities
are facilities that meet the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
The State of New Jersey.
That portion of the usable space on a utility pole which
has the necessary clearance from other pole users, as required by
the orders and regulations of the Board of Public Utilities, to allow
its use by a telecommunications carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment, or property within the Borough,
used or to be used for the purpose of offering telecommunications
service.
The plant, equipment and property, including but not limited
to cables, wires, conduits, ducts, pedestals, antenna, electronics
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications services.
Includes every person who provides telecommunications services
over telecommunications facilities without any ownership or management
control of the facilities.
The providing or offering for rent, sale or lease, or an
exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without benefit of any closed transmission
medium.
Any perennial plant having a diameter of four inches or greater
measured at a point four feet above the ground.
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundation or supports
for overhead facilities.
The total distance between the top of the utility pole and
the lowest possible attachment point that provides the minimum allowable
vertical clearance as specified in the orders and regulations of the
Board of Public Utilities (BPU).
Any easement owned by the Borough and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
The plant, equipment and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on or above the surface of the ground
within the public ways of the Borough and used or to be used for the
purpose of providing utility or telecommunications services.
Except as otherwise provided therein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the Borough for the sole purpose of providing telecommunications service to persons in areas outside the Borough shall first obtain a license granting the use of such public ways from the Borough pursuant to this section. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities other than small wireless facilities in, under, over or across any public way of the Borough must also obtain a license granting the use of such public ways from the Borough; such applicants must submit the application information set forth in Subsection 4-16.6, and consideration and approval of such applications shall be at the sole discretion of the Borough Council.
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this section shall be punishable as provided in Chapter 1, Section 5, Penalties; General. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.
Nothing in this section shall be construed as limiting any judicial
remedies that the Borough may have, at law or in equity, for enforcement
of this section.
No license granted hereunder shall be effective until the applicant
and the Borough have executed a written agreement setting forth the
particular terms and provisions under which the license to occupy
and use public ways of the Borough will be granted.
Any person that desires a telecommunications license for a small
wireless facility pursuant to this section shall file an application
with the Borough which shall include the following information:
a.
The identity of the license applicant, including all affiliates of
the applicant.
b.
A description of the telecommunications services that are or will
be offered or provided by licensee over its telecommunications facilities.
c.
A description of the transmission medium that will be used by the
licensee to offer or provide such telecommunications services.
d.
Preliminary engineering plans, specifications and a network map of
the facilities to be located within the Borough, all in sufficient
detail to identify:
1.
The location requested for applicant's proposed small wireless facilities.
2.
A description of the type and height of the structure on which the
small wireless facilities are being mounted, and a description of
the proximity of the equipment to any other equipment on the same
structure.
3.
The size and weight of the proposed equipment.
4.
A description of any proposed lighting, and if any, proposed focusing/shielding
to avoid projection towards adjacent/nearby properties.
5.
A description of the noise output of the proposed small wireless
facility in decibels.
6.
A description of any proposed excavation.
7.
Radiofrequency radiation levels of the proposed equipment. This must
include a certification of a professional engineer licensed in New
Jersey that said levels do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
8.
The location of all overhead and underground public utility, telecommunication,
cable, water, sewer drainage and other facilities in the public way
at the proposed site.
9.
The location(s), if any, for interconnection with the telecommunications
facilities of other communications carriers.
10.
The specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove
or relocate, together with a landscape plan for protecting, trimming,
removing, replacing and restoring any trees or areas to be disturbed
during construction.
e.
If applicant is proposing an underground installation in existing
ducts or conduits within the public ways, information in sufficient
detail to identify:
f.
If applicant is proposing an underground installation within new
ducts or conduits to be constructed within the public ways:
g.
If applicant is proposing construction of facilities aboveground,
but below a height of 15 feet, applicant shall submit a survey with
a minimum fifty-foot radius that is adequate to demonstrate no negative
impacts to sight distance or sight triangle. Such survey shall be
submitted in NAVD88 datum.
h.
The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public
ways.
i.
A preliminary construction schedule and completion date.
j.
A preliminary traffic control plan in accordance with the New Jersey
Department of Transportation regulations.
k.
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability
to construct, operate, maintain, relocate and remove the facilities.
l.
Information in sufficient detail to establish the applicant's technical
qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application.
m.
Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities
and to offer or provide the telecommunications services.
n.
All fees, deposits or charges required pursuant to this section.
a.
Applicants seeking to install up to five small wireless facilities
shall pay an initial application fee of $500. An additional $100 shall
be required for each small wireless facility beyond five.
b.
An annual fee of $270 per small wireless facility per year for access
to and inspection of such facilities shall be required.
Applicants seeking to install small wireless facilities within
the Borough, including within the public right-of-way, shall submit
an application to the Borough. Small wireless facilities applications
shall be reviewed by the Borough Council pursuant to the following:
a.
The Borough Council shall review applications to co-locate small
wireless facilities on existing structures within 60 days of receipt
of the application, and applications for new construction of small
wireless facilities within 90 days. "Batch" applications seeking both
to co-locate and to construct new small wireless facilities shall
be reviewed within 90 days.
b.
The time period for review shall be tolled during any period in which
the applicant is notified that it has not submitted a complete application.
No license granted under this section shall confer any exclusive
right, privilege, license or franchise to occupy or use the public
ways of the Borough for delivery of telecommunications services or
any other purposes.
No license granted under this section shall convey any right,
title or interest in the public ways, but shall be deemed a license
only to use and occupy the public ways for the limited purposes and
term stated in the grant. Further, no license shall be construed as
any warranty of title.
Unless otherwise specified in a license agreement, a telecommunications
license granted hereunder shall be in effect for a term of five years.
A small wireless facilities license granted under this section
shall be limited to a grant of specific public ways and defined portions
thereof.
All licensees are required to obtain construction permits for
small wireless facilities; provided, however, that nothing in this
section shall prohibit the Borough and a licensee from agreeing to
alternative plan review, permit and construction procedures, provided
such alternative procedures provided substantially equivalent safeguards
for reasonable construction practices and are not in derogation of
any applicable provisions of the Uniform Construction Code.
a.
A new license application and grant shall be required of any telecommunications
carrier that desires to extend or locate its small wireless facilities
in public ways of the Borough which are not included in a license
previously granted under this section.
b.
If ordered by the Borough to locate or relocate its small wireless
facilities in public ways not included in a previously granted license,
the Borough shall grant a license amendment without further application.
A licensee that desires to renew its license under this section
shall, not more than 180 days nor less than 90 days before expiration
of the current license, file an application with the Borough for renewal
of its license which shall include the following information:
Within 90 days after receiving a complete application under Subsection 4-16.15 hereof, the Borough shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
a.
The financial and technical ability of the applicant.
b.
The legal ability of the applicant.
c.
The continuing capacity of the public ways to accommodate the applicant's
existing facilities.
d.
The applicant's compliance with the requirements of this section
and the license agreement.
e.
Applicable federal, state and local telecommunications laws, rules
and policies.
f.
Such other factors as may demonstrate that the continued grant to
use the public ways will serve the community interest.
No license shall be renewed until any ongoing violations or
defaults in the licensee's performance of the license agreement, or
of the requirements of this section, have been cured, or a plan detailing
the corrective action to be taken by the grantee has been approved
by the Borough.
The regulatory fees and costs provided for in this section are
separate from, and additional to, any and all federal, state, local
and Borough taxes as may be levied, imposed or due from a telecommunications
carrier or provider, its customers or subscribers, or on account of
the lease, sale, delivery or transmission of telecommunications services.
a.
Small wireless facilities shall be co-located on existing structures
when possible. Co-location of small wireless facilities is preferred
to construction of new structures intended to solely support a small
wireless facility, unless the new structure is designed to conceal
the small wireless facility.
c.
No new small wireless facilities shall be located within five feet
of a private driveway or in a manner that would otherwise obstruct
visibility from a private driveway to the public right-of-way.
d.
Any required accessory equipment, not including the antenna, shall
be located underground to the extent possible. Accessory equipment
that cannot be located underground must be located on the structure.
No accessory equipment may be located on the ground adjacent to the
structure. Antennas and associated equipment for small wireless facilities
located in a flood zone shall be mounted on the supporting structure
at or above the FEMA base flood elevation plus any federal, state
or local freeboard requirement or shall be located in a floodproof
underground cabinet.
e.
Any disturbance to the public right-of-way as a result of the construction
of the small wireless facilities shall be restored to its original
condition postconstruction to the satisfaction of the Borough Engineer.
All license or franchise grantees shall, before commencing any
construction in the public ways, comply with all regulations of the
BPU and of the applicable state, federal and local regulations.
No licensee may locate or maintain its telecommunications facilities
so as to unreasonably interfere with the use of the public ways by
the Borough, by the general public or by other persons authorized
to use or be present in or upon the public ways. All such facilities
shall be moved by the licensee, temporarily or permanently, as determined
by the Borough Engineer.
No licensee nor any person acting on a licensee's behalf shall
take any action or permit any action to be done which may impair or
damage any Borough property, public ways of the Borough, other ways
or other property located in, on or adjacent thereto.
Unless otherwise provided in a license agreement, no licensee
nor any person acting on the licensee's behalf shall commence any
nonemergency work in or about the public ways of the Borough or other
ways within 10 working days' advanced notice to the Borough.
In the event of an unexpected repair or emergency, a licensee
may commence such repair and emergency response work as required under
the circumstances, provided that the licensee shall notify the Borough
as promptly as possible, before such repair or emergency work or as
soon thereafter as possible if advanced notice is not practicable.
Each licensee shall maintain its facilities in good and safe
condition and in a manner that complies with all applicable federal,
state and local requirements.
Within 30 days following written notice from the Borough, a
licensee shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any telecommunications facilities
within the public ways whenever the Borough shall have determined
that such removal, relocation, change or alteration is reasonably
necessary for:
Within 30 days following written notice from the Borough, any
licensee, telecommunications carrier, or other person that owns, controls
or maintains any unauthorized telecommunications system, facility
or related appurtenances within the public ways of the Borough shall,
at its own expense, remove such facilities or appurtenances from the
public ways of the Borough. A telecommunications system or facility
is unauthorized and subject to removal in the following circumstances:
a.
Upon expiration or termination of the licensee's telecommunications
license.
b.
Upon abandonment of a facility within the public ways of the Borough.
c.
If the system or facility was constructed or installed without the
prior grant of a telecommunications license.
d.
If the system or facility was constructed or installed without the
prior issuance of a required construction permit.
e.
If the system or facility was constructed or installed at a location
not permitted by the licensee's telecommunications license.
The Borough retains the right and privilege to cut or move any
telecommunications facilities located within the public ways of the
Borough, as the Borough may determine to be necessary, appropriate
or useful in response to any public health or safety emergency.
Unless directly and proximately caused by the willful, intentional
or malicious acts by the Borough, the Borough shall not be liable
for any damage to or loss of any telecommunications facility within
the public ways of the Borough as a result of or in connection with
any public works, public improvements, construction, excavation, grading,
filling, or work of any kind in the public ways by or on behalf of
the Borough.
a.
When a licensee or any person acting on its behalf does any work
in or affecting any public ways, other ways or Borough property, it
shall, at its own expense, promptly remove any obstructions therefrom
and restore such ways or property to as good a condition as existed
before the work was undertaken, unless otherwise directed by the Borough.
b.
If weather or other conditions do not permit the complete restoration
required by this section, the licensee shall temporarily restore the
affected ways or property. Such temporary restoration shall be at
the licensee's sole expense and the licensee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
c.
A licensee or other person acting on its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required
for the safety of all members of the general public and to prevent
injury or damage to any person, vehicle, property by reason of such
work in or affecting such ways or property.
Each licensee shall provide the Borough with an accurate map
or maps certifying the location of all telecommunications facilities
within the public ways. In addition, the licensee shall provide a
computer aided design and drafting (CADD) file containing the facilities'
mapping in the .dwg format. Each licensee shall provide updated maps
annually.
Within 10 days of a written request from the Borough Council
or Borough Administrator, each licensee shall furnish the Borough
with information sufficient to demonstrate:
a.
Unless otherwise provided in a license agreement, each licensee shall,
as a condition of the license, secure and maintain the following liability
insurance policies insuring both the licensee and the Borough, and
its elected and appointed officers, officials, agents and employees
as coinsureds:
2.
Automobile liability for owned, nonowned and hired vehicles with
a limit of $3,000,000 for each person and $3,000,000 for each accident.
3.
Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.
4.
Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not
less than $3,000,000.
b.
The liability insurance policies required by this section shall be
maintained by the licensee throughout the term of the telecommunications
license, and such other period of time during which the licensee is
operating without a license hereunder, or is engaged in the removal
of its telecommunications facilities. Each such insurance policy shall
contain the following endorsement: "It is hereby understood and agreed
that this policy may not be canceled nor the intention not to renew
be stated until 90 days after receipt by the Borough, by registered
or certified mail, of a written notice, addressed to the Borough Clerk,
of such intent to cancel or not to renew."
c.
Within 60 days after receipt by the Borough of said notice, and in
no event later than 30 days prior to said cancellation, the licensee
shall obtain and furnish to the Borough replacement insurance policies
meeting the requirements of this section.
Each license agreement shall include, to the extent permitted
by law, licensee's express undertaking to defend, indemnify and hold
the Borough and its officers, employees, agents and representatives
harmless from and against any and all damages, losses and expenses,
including reasonable attorney's fees and costs of suit or defense,
arising out of, resulting from or alleged to arise out of or result
from the negligent, careless or wrongful acts, omissions, failures
to act or misconduct of the licensee or its affiliates, officers,
employees, agents, contractors or subcontractors in the construction,
operation, maintenance, repair or removal of its telecommunications
facilities, and in providing or offering telecommunications services
over the facilities or network, whether such acts or omissions are
authorized, allowed or prohibited by this section or by a grant agreement
made or entered into pursuant to this section.
Unless otherwise provided in a license agreement, a performance
bond written by a corporate surety acceptable to the Borough equal
to at least 100% of the estimated cost of constructing licensee's
telecommunications facilities within the public ways of the Borough
shall be deposited before construction is commenced.
a.
The construction bond shall remain in force until released by the
Borough. Licensee may apply, in writing, for such release upon the
lapse of at least 60 days after substantial completion of the work,
as determined by the Borough Engineer, including restoration of public
ways and other property affected by the construction. The Borough
Engineer shall, within 45 days of receipt of the licensee's written
request for release, file a written recommendation with the governing
body concerning the release. The Borough Council shall take formal
action on the request for release within 45 days of the filing of
the Borough Engineer's recommendation.
b.
The construction bond shall guarantee, to the satisfaction of the
Borough:
1.
Timely completion of construction;
2.
Construction in compliance with applicable plans, permits, technical
codes and standards;
3.
Proper location of the facilities as specified by the Borough;
4.
Restoration of the public ways and other property affected by the
construction;
5.
The submission of as-built drawings, as well as computer aided design
and drafting (CADD) files containing the drawings in the .dwg format,
after completion of the work as required by this section; and
6.
Timely payment and satisfaction of all payments then due to the Borough,
all claims, demands or liens for labor, material or services provided
in connection with the work.
All licensees are required to cooperate with the Borough and
with each other.
a.
By February 1 of each year, licensees shall provide the Borough with
a schedule of their proposed construction activities in, around or
that may affect the public ways.
b.
Each licensee shall meet with the Borough, other licensees and users
of the public ways annually or as determined by the Borough to schedule
and coordinate construction in the public ways.
c.
All construction locations, activities and schedules shall be coordinated,
as ordered by the Borough Engineer, to minimize public inconvenience,
disruption or damages.
Ownership or control of a telecommunications system or license
may not, directly or indirectly, be transferred, assigned or disposed
of by sale, lease, merger, consolidation or other act of the licensee,
by operation of law or otherwise, without the prior consent of the
Borough, which consent shall not be unreasonably withheld or delayed,
as expressed by formal act and then only on such reasonable conditions
as may be prescribed therein.
a.
No license shall be assigned or transferred in any manner within
12 months after the initial grant of the license, unless otherwise
provided in a license agreement.
b.
Absent extraordinary and unforeseeable circumstances, no grant, system
or integral part of a system shall be assigned or transferred before
construction of the telecommunications system has been completed.
c.
Licensee and the proposed assignee or transferee of the grant or
system shall provide and certify the following information to the
Borough not less than 150 days prior to the proposed date of transfer:
1.
Complete information setting forth the nature, terms and conditions
of the proposed transfer or assignment;
2.
All information required of a telecommunications license applicant
pursuant to this section with respect to the proposed transferee or
assignee;
3.
Any other information reasonably required by the Borough.
d.
No transfer shall be approved unless the assignee or transferee has
the legal, technical, financial and other requisite qualifications
to own, hold and operate the telecommunications system pursuant to
this section.
e.
Unless otherwise provided in a license agreement, the grantee shall
reimburse the Borough for all direct and indirect fees, costs, and
expenses reasonably incurred by the Borough in considering a request
to transfer or assign a telecommunications license.
f.
Any transfer or assignment of a telecommunications grant, system
or integral part of a system without prior approval of the Borough
under this section or pursuant to a license agreement shall be void
and is cause for revocation of the license.
Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee, of the ownership or working control of a telecommunications license or the ownership or working control of affiliated entities having ownership or working control of the licensee or of a telecommunications system, or of control of the capacity or bandwidth of licensee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Borough approval pursuant to Subsection 4-16.37 hereof. Transactions between affiliated entities are not exempt from Borough approval.
A license granted by the Borough to use or occupy public ways
of the Borough may be revoked for the following reasons:
a.
Construction or operation in the Borough or in the public ways of
the Borough contrary to a license grant.
b.
Construction or operation at an unauthorized location.
c.
Unauthorized substantial transfer of control of the licensee.
d.
Unauthorized assignment of a license.
e.
Unauthorized sale, assignment or transfer of licensee's assets, or
a substantial interest therein.
f.
Misrepresentation or lack of candor by or on behalf of a licensee
in any application to the Borough.
g.
Abandonment of telecommunications facilities in the public ways.
h.
Failure to relocate or remove facilities as required in this section.
i.
Failure to pay fees and costs when and as due the Borough.
j.
Insolvency or bankruptcy of the licensee.
k.
Violation of material provisions of this section.
l.
Violation of the material terms of a license agreement.
In the event that the Borough Council believes that grounds
exist for revocation of a license, it shall give the licensee written
notice of the apparent violation or noncompliance, providing a short
and concise statement of the nature and general facts of the violation
or noncompliance, and providing the licensee a reasonable period of
time not exceeding 30 days to furnish evidence:
In the event that a licensee fails to provide evidence reasonably satisfactory to the Borough Council as provided in Subsection 4-16.40 hereof, the Council shall provide the licensee with notice and a reasonable opportunity to be heard concerning the matter.
If persuaded that the licensee has violated or failed to comply
with material provisions of this section, or of a license agreement,
the Council shall determine whether to revoke the license or to establish
some lesser sanction and cure, considering the nature, circumstances,
extent and gravity of the violation as reflected by one or more of
the following factors:
a.
Whether the misconduct was egregious.
b.
Whether substantial harm resulted.
c.
Whether the violation was intentional.
d.
Whether there is a history of prior violations of the same or other
requirements.
e.
Whether there is a history of overall compliance.
f.
Whether the violation was voluntarily disclosed, admitted or cured.
No person shall commence or continue with the construction,
installation or operation of telecommunications facilities within
the Borough except as provided in this section.
Telecommunications facilities shall be constructed, installed,
operated and maintained in accordance with all applicable federal,
state, and local codes, rules and regulations including the Electrical
Code currently in effect.
No person shall construct or install any telecommunications
facilities within the Borough without first obtaining a license therefor;
provided, however, that no license shall be issued for the construction
or installation of telecommunications facilities in the public ways
unless the telecommunications carrier has applied for and received
a license pursuant to this section.
All license applications shall be accompanied by the certification
of a professional engineer licensed in New Jersey that the drawings,
plans and specifications submitted with the application comply with
applicable technical codes, rules and regulations.
All license applications which involve work on, in, under, across
or along any public ways shall be accompanied by a traffic control
plan demonstrating the protective measures and devices that will be
employed, consistent with the New Jersey Department of Transportation
regulations, to prevent injury or damage to persons or property and
to minimize disruptions to efficient pedestrian and vehicular traffic.
The plan will be submitted to the Highlands Borough Chief of Police
for review and approval. The Borough may require the applicant to
hire traffic directors (off-duty police officers) on an as-needed
basis.
The licensee shall submit a written construction schedule to
the Borough Engineer 10 working days before commencing any work in
or about the public ways. The licensee shall further notify the Borough
Engineer not less than two working days in advance of any excavation
or work in the public ways.
The licensee shall maintain a copy of the license and approved
plans at the construction site, which shall be displayed and made
available for inspection by the Borough Engineer or his representatives
at all times when construction work is occurring.
If the license specifies the location of facilities by depth,
line, grade, proximity to other facilities or other standard, the
licensee shall cause the location of such facilities to be verified
by a licensed New Jersey land surveyor. The licensee shall relocate
any facilities which are not located in compliance with license requirements.
Upon order of the Borough Engineer, all work which does not
comply with the license, the approved plans and specifications for
the work, or the requirements of this section, shall be removed.
The licensee shall promptly complete all construction activities
so as to minimize disruption of the Borough ways and other public
and private property. All construction work authorized by a license
within Borough ways, including restoration, must be completed within
120 days of the date of issuance.
Within 60 days after completion of construction, the licensee
shall furnish the Borough with two complete sets of plans, drawn to
scale and certified to the Borough as accurately depicting the location
of all telecommunications facilities constructed pursuant to the permit.
This information shall be provided through computer aided design and
drafting (CADD) files in a .dwg file format.
Upon completion of any construction work, the licensee shall
promptly repair any and all public and provide property improvements,
fixtures, structures and facilities in the public ways or otherwise
damaged during the course of construction, restoring the same as nearly
as practicable to its condition before the start of construction.
a.
All trees, landscaping and grounds removed, damaged or disturbed
as a result of the construction, installation, maintenance, repair
or replacement of telecommunications facilities replaced or restored
as nearly as may be practicable, to the condition existing prior to
performance of work.
b.
All restoration work within the public ways shall be done in accordance
with landscape plans approved by the Borough Engineer.
Unless otherwise provided in a license agreement, all telecommunications
carriers are subject to the requirements of this section.
The owner of the facilities to be constructed and, if different,
the licensee, are responsible for performance of and compliance with
all provisions of this section.
[4-21-2021 by Ord. No.
O-21-14]
As used in this section, these terms shall have the following
meanings:
The filming or videotaping of motion pictures, or still photography,
intended solely for private use.
The taking of commercial still photography or motion pictures
either on film, videotape, or similar recording medium, for any purpose
intended for viewing on television, in theaters or for institutional
uses. This term shall not include family videos and photography, and
news media, as defined herein.
Any film which is financed and/or distributed by a major
motion picture, or television production studio or corporation; or
filming activity connected with any part of a production with an overall
budget of $2,000,000 or more; or any recurrent television series programming.
All activities attendant to the staging and/or shooting of
commercial motion pictures, television series, television movies,
commercials and to the taking of single or multiple photographs for
sale or commercial use where the photographer sets up stationary equipment
in any one location for longer than 60 consecutive minutes.
Photographic, filming, and/or videotaping for the purpose
of spontaneous, unplanned television news broadcast or reporting for
print media by reporters, photographers or cameramen.
The areas, including but not limited to any public building,
street, highway, sidewalk, square, park, playground, beach, and other
public places, which is within the jurisdiction and control of the
Borough of Highlands.
Motion picture, television or still photography produced
to satisfy a course or curriculum requirement at an accredited educational
institution. The student filmmaker must supply proof that he/she is
currently enrolled in any such educational institution.
[4-21-2021 by Ord. No.
O-21-14]
a.
No person shall use any public property, public right-of-way, and/or
facility for the purpose of taking motion pictures, television pictures
or commercial still photography, as defined herein, without first
applying for and receiving a license from the Borough Administrator
of the Borough of Highlands.
b.
The license shall set forth the approved location of such filming and also the approved duration of such filming by specific reference to day or dates. No license shall authorize filming for more than three consecutive days in any one location, and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year, regardless of the number of licenses utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by § 4-17.10. Said license must be readily available for inspection by Borough officials at all times at the site of the filming.
c.
All licenses shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such licenses shall be in a form approved by the Borough Administrator and be accompanied by a license fee in the amounts established by this section in § 4-17.11.
d.
If a license is issued and filming does not in fact take place on
the dates specified due to good cause, including but not limited to
reasons of inclement weather, the Borough Administrator may issue
a new license for filming on other dates subject to full compliance
with all other provisions of this article. No additional fee shall
be paid for this new license.
e.
The provisions of this section shall not apply to news media and
family videos and photography.
[4-21-2021 by Ord. No.
O-21-14]
a.
Licenses shall be issued by the Borough Administrator after review.
Any such review shall determine whether any additional municipal services
may be reasonably required depending upon the nature of the activities
proposed.
b.
Expedited licenses may be issued by the Borough Administrator upon
payment of the requisite fee. The Borough Administrator may determine
whether any additional municipal services may be reasonably required
depending upon the nature of the activities proposed. Expedited licenses
shall be issued at the close of the fourth business day after submission
of a complete license application.
c.
No licenses shall be issued unless all fees and reasonably necessary
reimbursable expenses are paid to the Borough.
d.
No license shall be issued for filming upon public lands unless the
applicant shall provide the Borough of Highlands with satisfactory
proof of the following:
1.
Proof of insurance coverage, including but not limited to for bodily
injury to any one person in the amount of $1,000,000, and any occurrence
in the aggregate amount of $3,000,000;
2.
Proof of insurance coverage for property damage for each occurrence
in the aggregate amount of $1,000,000;
3.
A written hold harmless and indemnification agreement acceptable
to the Borough Attorney;
4.
The posting of cash or maintenance bond for the value of $500, protecting
and insuring that the location utilized for the filming will be left,
in a satisfactory condition, free of debris, rubbish, and equipment,
and that due observance of all Borough ordinances, laws, and regulations
will be followed. Within seven days of the completion of the filming,
the Borough will return the bond if there has been no damage to the
public property or public expense caused by the filming.
e.
The holder of the license shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Borough of Highlands Police Department, the Fire Marshal and the
Borough Administrator with respect thereto.
f.
The applicant shall conduct filming in such a manner as to minimize
the inconvenience or discomfort to adjoining property owners as a
result of such filming and shall, to the extent practicable, abate
noise and park vehicles off the public streets. All vehicles parked
on public streets and rights-of-way shall be done so in accordance
with all applicable state and local regulations.
g.
The holder shall not interfere with previously scheduled activities
upon public lands and limit, to the extent possible, any interference
with normal public activity on such public lands.
h.
The applicant shall give written notice of the filming to all businesses
and residents within 200 feet of the filming location and, further,
provide written proof of such notice at least three business days
prior to the submission of a completed license application. Such written
notice shall be in a form acceptable to the Borough Administrator
and shall inform such businesses and residents that objections may
be filed with the Borough Administrator within the next three business
days, said objections to form a part of applicant's application and
be considered in the review of the same.
[4-21-2021 by Ord. No.
O-21-14]
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of § 3-2, Noise, of this Code. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
[4-21-2021 by Ord. No.
O-21-14]
a.
The Borough may refuse to issue a license whenever it determines,
on the basis of objective facts and after a review of the application
by the Police Department and by other Borough agencies involved with
the proposed filming site, that filming at the location and/or the
time set forth in the application would violate any law or ordinance
or would unreasonably interfere with the use and enjoyment of adjoining
properties, unreasonably impede the free flow of vehicular or pedestrian
traffic or otherwise endanger the public's health, safety or welfare.
b.
The Borough reserves the right to require one or more Highlands police
officer(s), Fire Department personnel or any such other specialized
Borough officials to remain on-site during the times indicated on
the license, in situations where the production may impede the proper
flow of traffic, or otherwise impact upon public safety. The cost
of all such personnel shall be borne by the applicant as a cost of
production. Where existing electrical power lines are to be utilized
by the production, an on-site licensed electrician may be similarly
required if the production company does not have a licensed electrician
on staff.
[4-21-2021 by Ord. No.
O-21-14]
a.
Any person aggrieved by a decision of the Borough denying or revoking a license or a person requesting relief pursuant to § 4-17.5 may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed within 10 days of said decision.
b.
The Borough Council shall set the matter down for a hearing within
30 days of the filing of the notice of appeal. The decision of the
Borough shall be in the form of a resolution at the first regularly
scheduled public meeting, after the hearing of the appeal. The appellant
may agree, in writing, to a later date for the decision.
[4-21-2021 by Ord. No.
O-21-14]
The Borough may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this section, the Borough shall consider factors, including
but not limited to the following:
a.
Traffic congestion at the location;
b.
The applicant's ability to remove film-related vehicles off the public
streets;
c.
Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
d.
Nature of the film shoot itself; e.g., indoor or outdoor; day or
night; on public or private lands; proximity to residential neighborhoods;
potential for disruption of normal residential or business activities;
and
e.
Prior experience of the film company/applicant with the Borough,
if any.
[4-21-2021 by Ord. No.
O-21-14]
Copies of the approved license shall be sent to the Police and
Fire Departments before filming takes place. The applicant shall permit
the Police Department, the Fire Marshal or other Borough inspectors
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Police Department,
the Fire Marshal, or other Borough inspections.
[4-21-2021 by Ord. No.
O-21-14]
In addition to any and all other fees or costs mentioned in
this section, the applicant shall reimburse the Borough for any lost
revenue, including but not limited to, repairs required to public
property, and any revenues that the Borough was prevented from earning
because of the filming.
[4-21-2021 by Ord. No.
O-21-14]
[4-21-2021 by Ord. No.
O-21-14]
The schedule of fees for the issuance of licenses authorized
by this article are as follows:
a.
Basic filming license: $100.
b.
Expedited license (Borough Administrator review): $250.
c.
Student films: no license fee. Student films are otherwise liable
for all other Borough costs, except for filming or photography that
is part of a course of study at any Highlands educational institution.
d.
Overnight parking/use of Borough lot(s): at cost.
e.
Police/fire protection: at cost.
f.
Department of Public Works: at cost.
g.
Use of Borough buildings, public parks, or closing of any street(s):
$500 per facility, per day.
[4-21-2021 by Ord. No.
O-21-14]
Where the owner of the premises is not the applicant for a license
required by this section, both the owner and the applicant shall each
be liable for violations hereof. Any person violating this section
or these rules and regulations, upon conviction thereof, shall be
punished by a fine not exceeding $1,000 per day or by imprisonment
in the county jail for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Added 7-14-2021 by Ord.
No. O-21-22]
As used in this section, these terms shall have the following
meanings:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16, for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include medical cannabis dispensed to
registered qualifying patients pursuant to the Jake Honig Compassionate
Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as
defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in
Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or
P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers; or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 7-14-2021 by Ord.
No. O-21-22]
No person or entity shall operate directly or indirectly as
a cannabis retailer without first applying for and receiving a license
from the Borough Administrator of the Borough of Highlands. The issuance
of a license under this section is in addition to, and not in derogation
of, any law of the State of New Jersey or ordinance of the Borough
regulating the business so licensed. A licensed cannabis retailer
shall not allow the consumption of cannabis on the licensed premises.
[Added 7-14-2021 by Ord.
No. O-21-22]
a.
Any person or entity seeking to operate as a cannabis retailer under
the provisions of this section shall submit an application to the
Borough accompanied by the required fee. The application shall be
on a form provided by the Borough Clerk.
b.
The applicant shall provide sufficient documentation as necessary
to confirm compliance with the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act as well as any applicable
regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Licenses shall be issued by the Borough Administrator after review.
d.
The applicant shall provide a certification that the applicant's
business will not violate the Zoning Ordinance of the Borough or alternatively
provide either a certification of compliance or resolution of approval
from the Land Use Board allowing for the proposed use as a cannabis
retailer.
[Added 7-14-2021 by Ord.
No. O-21-22]
The fee for a cannabis retailer license shall be $1,500. The
annual renewal fee for a cannabis retailer license shall be $750.
[Added 7-14-2021 by Ord.
No. O-21-22]
a.
Any person aggrieved by a decision of the Borough denying or revoking
a license may appeal to the Borough Council. A written notice of appeal
setting forth the reasons for the appeal shall be filed within 10
days of said decision.
b.
The Borough Council shall set the matter down for a hearing within
30 days of the filing of the notice of appeal. The decision of the
Borough shall be in the form of a resolution at the first regularly
scheduled public meeting, after the hearing of the appeal. The appellant
may agree, in writing, to a later date for the decision.
[Added 7-14-2021 by Ord.
No. O-21-22]
The approved license or a true copy thereof shall be maintained
on the licensed premises. The applicant shall permit the Police Department,
the Fire Marshal or other Borough inspectors to inspect the site and
equipment to be used.
[Added 7-14-2021 by Ord.
No. O-21-22]
A licensed cannabis retailer shall be permitted to conduct business
between the hours of 10:00 a.m. to 7:00 p.m. on Monday through Saturday,
and 10:00 a.m. to 5:00 p.m. on Sunday.
[Added 7-14-2021 by Ord.
No. O-21-22]
Only one cannabis retailer license shall be issued in the Borough
of Highlands. A cannabis retailer license may not be transferred without
application to and express written permission of the Borough Administrator.
[Added 7-14-2021 by Ord.
No. O-21-22]
a.
Pursuant to N.J.S.A. 40:48I-1, a transfer tax on the sale of cannabis
or cannabis items by a licensed cannabis retailer is hereby established
in the Borough of Highlands. The transfer tax rate shall be 2% of
the receipts from each sale by a licensed cannabis retailer. The transfer
tax shall apply to any receipts from the sale of cannabis items from
a licensed cannabis retailer to any other cannabis establishment and
shall further apply to any receipts from the retail sales of cannabis
items by a licensed cannabis retailer to retail consumers who are
21 years of age or older.
b.
Pursuant to N.J.S.A. 40:48I-1, a user tax is hereby established on any concurrent license holder, as permitted by Section 33 of P.L. 2021, c. 16, operating more than one cannabis establishment. The user tax rate shall be 2% on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to Subsection a, above, from the licensed cannabis retailer's establishment that is located in the Borough of Highlands to any of the licensed cannabis retailer's other establishments, whether located in the municipality or another municipality.
c.
The transfer tax and user tax imposed pursuant to this section shall
be in addition to any other tax imposed by law. The transfer tax or
user tax shall be stated, charged, and shown separately on any sales
slip, invoice, receipt, or other statement or memorandum of the price
paid or payable, or equivalent value of the transfer, for the cannabis
or cannabis item.
d.
The transfer tax and user tax shall be remitted to the Borough's
Chief Financial Officer quarterly, on February 1, May 1, August 1,
and November 1. The Chief Financial Officer shall allow a ten-day
grace period for such payments, after which time interest shall be
charged at a rate of 8% per annum on the first $1,500 of the delinquency
and 18% per annum on any amount in excess of $1,500, to be calculated
from the date the tax was payable until the date that actual payment
to the Chief Financial Officer is made. Any transfer tax or user tax
not paid within that time, along with any interest accruing thereon,
shall be a lien on the parcel of real property comprising the licensed
cannabis retailer's premises in the same manner as all other unpaid
municipal taxes, fees, or other charges. The lien shall be enforced
as a municipal lien in the same manner as all other municipal liens
are enforced.
[Added 7-14-2021 by Ord.
No. O-21-22]
Any person violating this section or these rules and regulations,
upon conviction thereof, shall be punished by a fine not exceeding
$1,000 per day or by imprisonment in the county jail for a term not
exceeding 90 days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
