[Added 5-16-2019 by Ord. No. 19/07; amended in entirety 2-15-2024 by Ord. No. 24/01. Amendments noted where applicable.]
[Amended 2-15-2024 by Ord. No. 24/01]
The presence of short-term rentals in the Borough has negatively
impacted the Borough of Watchung. These negative impacts include,
but are not limited to, excessive noise, on-street parking, accumulation
of trash and diminished public safety. Consequently, the Borough has
decided to regulate short term rentals pursuant to its statutory authority
under N.J.S.A. 40:48-2.12a.
[Amended 2-15-2024 by Ord. No. 24/01]
As used in this chapter, the following terms shall have the
meanings indicated:
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this chapter, as same may be viewed through various media,
including, but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this chapter.
Soliciting, charging, demanding, receiving or accepting any
form of consideration, including a promise or benefit, rent, fees,
other form of payment, including home exchanges, or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied, in whole or in part, or intended, arranged or designed
to be occupied for sleeping, dwelling, cooking, gathering and/or entertaining,
as a residential occupancy, by one or more persons. This definition
includes an apartment, condominium, building, cooperative, converted
space, or portions thereof, that are offered to use, made available
for use, or are used for accommodations, lodging, cooking, sleeping,
gathering and/or entertaining of occupants and/or guest(s).
Constitutes a situation involving one or more persons living
together that exhibit the kind of stability, permanency and functional
lifestyle equivalent to that of a family unit, as further described
by applicable law.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
use, possess, own, lease, sublease or license (including an operator,
principal, shareholder, director, agent, or employee, individually
or collectively) that has charge, care, control, or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination thereof.
The use of a dwelling unit by an occupant(s).
[Added 2-15-2024 by Ord. No. 24/01]
a.
Notwithstanding any other Borough ordinance to the contrary, it shall
be unlawful for an owner, lessor, sublessor, any other person(s) or
entity(ies) with possessory or use right(s) in a dwelling unit, their
principals, partner or shareholders, or their agents, employees, representatives
and other person(s) or entity(ies), acting in concert or a combination
thereof, to receive or obtain actual or anticipated consideration
for soliciting, advertising, offering, and/or permitting, allowing,
or to fail to discontinue the use or occupancy of any dwelling unit,
as defined herein, for a period of 90 days or less.
b.
Nothing in this chapter will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 90 days.
c.
The residential occupancy of an otherwise lawful and lawfully occupied
dwelling unit for a period of 90 days or less by any person who is
a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
[Added 2-15-2024 by Ord. No. 24/01]
a.
The lease or rental of multiple rooms within a dwelling to a single
tenant or separate tenants is prohibited.
b.
The lease or rental of a single room within a dwelling is permitted
provided the following conditions are satisfied:
3.
The dwelling complies with all applicable health, safety, construction,
zoning and fire codes.
4.
The dwelling has a minimum of two bedrooms.
5.
The addition of the tenant does not result in a violation of occupancy
limitations.
6.
The dwelling is owner-occupied year-round.
7.
A minimum tenancy of 90 days, and a maximum of one tenant is permitted.
8.
The tenant has unrestricted access to the dwelling's common
areas and amenities, including, but not limited to kitchens, basements,
garages, laundry facilities, patios/porches, pools, assigned closets,
assigned bathrooms, and living and dining areas.
9.
Bedroom doors may have privacy lock, but not key locks.
10.
There is sufficient space on the subject property to lawfully provided
one on-premises parking space for the tenant's vehicle.
[Added 2-15-2024 by Ord.
No. 24/01]
The lease or rental of any dwelling for commercial or corporate
purposes is prohibited.
[Added 2-15-2024 by Ord.
No. 24/01]
The lease or rental, for any purpose, of any amenity, feature,
accessory, or appurtenance to or associated with a dwelling, including,
but not limited to, sheds and swimming pools, are prohibited.
[Amended 2-15-2024 by Ord. No. 24/01]
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this chapter.
[Amended 2-15-2024 by Ord. No. 24/01]
a.
The provisions of this chapter shall be enforced by the Building
Code Official, Fire Official, Health Department, other Subcode or
Code Official, as their jurisdiction may arise, including other persons
designated by the Borough Council to issue Municipal Court Summons
to alleged violators of this chapter to appear in Municipal Court.
b.
A violation of this chapter is hereby declared to be a public nuisance,
and is hereby further found and declared to be offensive to the public
health, safety and welfare.
c.
Any person, entity or organization found to have violated any provisions of this chapter shall, upon conviction, be subject to the general penalty provisions of the Borough as set forth in Section 1-5, General Penalty. Each day of such violation shall be a new and separate violation of this chapter.
