[1]
Editor's Note: Prior to Ordinance No. 2014-01, prior ordinance history for former Sections 8-1 through 8-5 included Ordinances 6/28/74, 8/13/74, 12/28/76, 12/27/77, 2/15/83, 2/16/88, 3/5/96, 2003-08, 2004-01, 2005-07, 2005-13, 2010-10, 2012-18.
[Ord. No. 2014-01]
The Township of Lafayette, pursuant to N.J.S.A. 51:27D, et seq. and N.J.A.C. 5:23-4.3, hereby relinquishes its jurisdiction of the administration and enforcement of the Uniform Construction Code and hereby transfers jurisdiction for the administration and enforcement of the Uniform Construction Code to the Department of Community Affairs of the State of New Jersey. The transfer of jurisdiction pursuant to this section shall take effect immediately or until the Department of Community Affairs shall exercise its jurisdiction to enforce the Uniform Construction Code, whichever is sooner.
[Ord. No. 2014-01]
The Township of Lafayette shall deliver or make available to the Department of Community Affairs any and all records and files of the municipality necessary for the Department to carry out its function, and the Department is hereby authorized to transfer such records and files to a location designated by the Department.
[Ord. No. 2017-09; amended 8-1-2023 by Ord. No. 2023-11]
No existing building or part thereof shall be rented or occupied by a new tenant until such time as a certificate of habitability shall have been issued under the terms of this section by the zoning official or his designee. The standard for determining habitability is based on the NJ Housing Code, Chapter 12A.
a.
Residential Rental Properties. The owner of any residential rental property shall be required to obtain a certificate of habitability for each rental dwelling unit annually or upon change in occupancy. A change in occupancy shall occur when the prior tenant(s) under an existing lease, either oral or written, vacates the property either voluntarily or by court order. Two completed applications for the certificate of habitability shall be submitted to the Township Zoning Department at least two weeks prior to the new tenants occupying the unit. The Zoning Department shall provide one copy of the application to the Municipal Clerk for filing, pursuant to N.J.S.A. 46:8-28, the New Jersey rental property certificate of registration requirements.
For the purposes of this section, any property occupied by the owner or family member(s) of the owner, defined to include a husband, wife, children, siblings or others related to the owner by blood or marriage, are hereby excluded from the provisions of this subsection as it applies to residential rental properties. In order for this exclusion to apply, the property owner must submit a notarized statement as to the relationship of the property owner to the occupant(s). The statement must include the following language: "This statement is submitted pursuant to Lafayette Township Revised Ordinance, subsection 8-2.1a and all representations made in this statement are true and accurate and are made under penalty of perjury in the event any statement contained herein is false."
Any property owner or occupant excluded from the certificate of habitability requirements provided for in the prior paragraph may request an inspection through the Township Zoning Department.
1.
An application consisting of all of the following shall be completed:
(a)
A statement on a form supplied by the Municipal Clerk containing the following information:
(1)
The name and address of the record owner or owners of the property and the record owner or owners of the rental business if not the same person. In the case of a partnership, the names of all general partners shall be provided.
(2)
If the record owner is a corporation, the name and address of the registered agent and corporate officers.
(3)
If the address of any record owner is not within Sussex County in which the premises are located, the name and address of a person who resides in Sussex County is authorized to accept notices from a tenant and to issue receipts and to accept service of process on behalf of the record owner.
(4)
The name and address of the managing agent of the premises, if any.
(5)
The name and address, including the dwelling unit, apartment or room number of the superintendent, janitor, custodian or other individual employed by the owner or managing agent to provide maintenance services, if any.
(6)
The name, address and telephone number of any individual representative of the record owner or managing agent that may be reached or contacted in the event of an emergency.
(7)
The name and address of every holder of a recorded mortgage on the premises.
(8)
If fuel oil is used to heat the building, and if the landlord furnishes the heat, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
(9)
The telephone number of the owner(s), local agent, managing agent, superintendent, registered agent and officer(s), if any.
(10)
The name of the person or persons to whom the unit is rented.
(11)
The number of persons to occupy the area being rented.
(12)
Such other information as the Township deems appropriate.
(b)
Property owners shall provide to the Municipal Clerk any changes to the above information as they occur.
2.
An application for a certificate of habitability that omits any of the items shall be incomplete.
3.
The Zoning Official or his designee shall conduct the inspections.
4.
Each dwelling unit in violation of this section shall be considered separately relative to this chapter.
5.
If the owner of the property resides outside Sussex County, an in-County agent must be appointed to act on the owner's behalf and be responsible for complying with this section.
6.
It is the obligation of the owner of the building to furnish the certificate of habitability to the person renting or leasing the home or building.
[Ord. No. 2017-09]
The fee for the certificate of habitability (rental) for a residential property with one or more rental units shall be $50. This fee will include one inspection and one reinspection, if necessary.
[9-5-2023 by Ord. No. 2023-13; amended in its entirety 8-6-2024 by Ord. No. 2024-14]
[Amended 8-6-2024 by Ord. No. 2024-14]
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development.
The time at which all existing occupants vacate a dwelling unit, and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
[Amended 8-6-2024 by Ord. No. 2024-14]
The Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or a certified lead evaluation contractor as may be retained and designated by the Township Committee shall inspect every single-family, two-family, and multiple rental dwelling located within the Township at tenant turnover for lead-based paint hazards or within two years of the July 22, 2022, the effective date of N.J.S.A. 52:27D-437.16, et seq., whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with § 8-3. The Township shall charge the dwelling owner or landlord and the dwelling owner or landlord shall pay the Township in advance of any inspection, a fee of $50 for each unit inspected to cover the cost of the inspection if performed by a qualified Zoning Officer employed by the Township or the fee charged by any certified lead evaluation contractor as may be retained and designated by the Township Committee and any laboratory fees or ancillary costs incurred, which shall be dedicated to meeting the costs of implementing and enforcing § 8-3 and shall not be used for any other purpose.
[Amended 8-6-2024 by Ord. No. 2024-14]
The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the New Jersey Department of Community Affairs to satisfy the requirements of subsection 8-3.2 instead of the municipal inspection.
[Amended 8-6-2024 by Ord. No. 2024-14]
The Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17 or certified lead evaluation contractor as designated by the Township Committee in subsection 8-3.2 with the duty to inspect single-family, two-family and multiple dwellings may consult with the local health board, the New Jersey Department of Health, or the New Jersey Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
[Amended 8-6-2024 by Ord. No. 2024-14]
Notwithstanding anything in § 8-3 to the contrary, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
a.
Has been certified to be free of lead-based paint;
b.
Was constructed during or after 1978;
c.
Is in a multiple dwelling that has been registered with the New Jersey Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1, et seq.;
d.
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
[Amended 8-6-2024 by Ord. No. 2024-14]
If the Township Zoning Officer, is certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to subsection 8-3.2, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.1, et al. Upon the remediation of the lead-based paint hazard, the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, shall charge an additional fee in the amount of $50 and any laboratory or ancillary costs. Otherwise, the dwelling owner or landlord shall pay the Township the fee charged by the certified lead evaluation contractor designated by the Township Committee for any such reinspection along with any laboratory or other ancillary costs incurred.
[Amended 8-6-2024 by Ord. No. 2024-14]
If the Township Zoning Officer is certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to subsection 8-3.2 or following remediation of a lead-based paint hazard pursuant to subsection 8-3.6, then the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee shall certify the dwelling unit as lead-safe on a form prescribed by the New Jersey Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee pursuant to subsection 8-3.7, shall be valid for two years.
[Amended 8-6-2024 by Ord. No. 2024-14]
Beginning on July 22, 2022, the effective date of N.J.S.A. 52:27D-437.16 et seq., property owners shall:
a.
Provide evidence of a valid lead-safe certification obtained pursuant to subsections 8-3.2 or 8-3.3 as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1, et seq., unless not required to have had an inspection by the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee pursuant to paragraphs a, b or c of subsection 8-3.5;
b.
Provide evidence of a valid lead-safe certification obtained pursuant to subsection 8-3.2 or 8-3.3 to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or lead evaluator contractor pursuant to paragraphs a, b or c of subsection 8-3.5 and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
c.
Maintain a record of the lead-safe certification, which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by the Township Zoning Officer, if said officer is certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee pursuant to paragraphs a, b, c or d of subsection 8-3.5.
[Amended 8-6-2024 by Ord. No. 2024-14]
If the Township Zoning Officer is certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17 or the lead evaluation contractor designated by the Township Committee finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to subsection 8-3.2, then the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the certified lead evaluation contractor designated by the Township Committee shall notify the Commissioner of the Department Community Affairs, who shall review the findings in accordance with the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.8.
[Amended 8-6-2024 by Ord. No. 2024-14]
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two- or three- dwelling units, then the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the lead evaluation contractor designated by the Township Committee shall inspect the remainder of the building's dwelling units for lead hazards, except for dwelling units that have been certified to be free of lead-based paint. The Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, shall charge an additional fee in the amount of $50 per dwelling unit and any laboratory or ancillary costs. Otherwise, the dwelling owner or landlord shall pay the Township the fee charged by the certified lead evaluation contractor designated by the Township Committee for any additional inspections along with any laboratory or other ancillary costs incurred.
[Amended 8-6-2024 by Ord. No. 2024-14]
In addition to the fees charged for inspection of rental housing, the Township shall assess an additional fee of $20 per unit inspected by the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or the lead evaluation contractor designated by the Township Committee for the purposes of the "Lead Hazard Control Assistance Act," N.J.S.A. 52:27D-437.1, et seq., concerning lead hazard control work, unless the unit owner demonstrates that the New Jersey Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to subsection 8-3.11 shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to subsection 8-3.11 shall be deposited into the "Lead Hazard Control Assistance Fund" established pursuant to N.J.S.A. 52:27D-437.4.
[Amended 8-6-2024 by Ord. No. 2024-14]
a.
If less than 3% of children tested in the Township, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the Commissioner (as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16), then the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or lead evaluator contractor may inspect a dwelling located therein for lead-based paint hazards through visual assessment.
b.
If at least 3% of children tested, six years of age or younger, have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the Commissioner, then the Township Zoning Officer, if certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17, or lead evaluator contractor shall inspect a dwelling located therein through dust wipe sampling.
[Amended 8-6-2024 by Ord. No. 2024-14]
The Township and the Township Zoning Officer or the certified lead evaluation contractor designated by the Township Committee shall be authorized to conduct investigations and issue penalties to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or § 8-3. If the Township or the Township Zoning Officer or the certified lead evaluation contractor designated by the Township Committee determines that a property owner has failed to comply with a provision of N.J.S.A. 52:27D-437.16, et seq., or § 8-3 regarding a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts. If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $50 per week until the required inspection has been conducted or remediation efforts have been initiated.
[Added 11-5-2025 by Ord. No. 2025-18]
a.
The Township Committee finds and declares that the short term rental of residential dwelling units within the Township benefits the local community by affording owners of such units the ability to garner additional income from their real property to diminish the financial burden of carrying costs and maintenance expenses related to the property, as well as providing travelers with an alternative option for accommodations in the Township, thereby promoting the local travel and tourism industry, and contributing to the economic vitality of the Township. Notwithstanding these benefits, the Township Committee also finds and declares that certain transitory uses of residential property tend to affect the residential character of the community and, if unregulated, can be injurious to the health, safety and welfare of the community.
b.
The intended purposes of this section are to:
1.
Balance the rights of the owners of residential dwelling units proposed for short term rental use and the Township's business community affected by the allowance and existence of short term rentals.
2.
Protect the public health, safety and general welfare of individuals and the community at large.
3.
Provide for an organized and reasonable process for the short term rental of certain defined classifications of residential dwelling units in the Township.
4.
Monitor and provide a reasonable means for the mitigation of impacts created by such transitory uses of residential properties within the Township of Lafayette.
5.
Preserve and protect the long-term housing market stock in the Township.
6.
Implement rationally based and reasonably tailored regulations to protect the integrity of the Township's residential neighborhoods.
7.
Ensure that the short term rental property inventory in the Township satisfies basic property maintenance, construction and health standards in order to protect the safety of occupants and the citizens of the Township.
c.
The Township Committee has, therefore, determined that it shall be unlawful for any owner of any property within the geographic bounds of the Township to rent or operate a short term rental contrary to § 13-6.11.i and the procedures and regulations established in this section or applicable state statute.
[Added 11-5-2025 by Ord. No. 2025-18]
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Shall mean any form of solicitation, promotion, marketing and/or communication used to solicit, encourage, persuade or manipulate viewers, readers or listeners into contracting for goods and/or services in violation of this section, 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, or consideration, which are regulated by this section and by § 13-6.11.i.
Shall mean the receipt or acceptance of any legally recognized form of consideration including a promise or benefit, a quid pro quo, rent, fees, money, other forms of payment and/or things of value.
Shall mean any person or entity, association, limited liability company, corporation or partnership who, alone or jointly or severally with others, has actual possession of or possessory rights to, a dwelling unit or any portion thereof, for a period of 60 days or more.
Shall mean any person or entity, association, limited liability company, corporation or partnership, who, alone or jointly or severally with others 1) shall have legal title to a dwelling unit, with or without accompanying actual possession thereof, or 2) shall have charge, care or control of a dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this section and the rules and regulations adopted pursuant thereto, to the same extent as if they were the owner.
Shall mean an individual, entity, association, limited liability company, corporation or partnership and any person and/or entity acting on their behalf or in concert therewith.
Shall mean the owner and a person (property manager) designated by the owner to be called upon and be responsible at all times during the period of a short term rental and to answer for the maintenance of the property, or the conduct and acts of occupants of the property, and, in the case of the property manager, to accept service of legal process on behalf of the owner.
Shall mean the accessory use of one or more rooms, designed, occupied or intended for occupancy as separate living quarters, whether furnished or unfurnished, used and/or offered or made available for use, for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guests for stays of between one and 59 consecutive nights.
Shall mean any person or a guest or invitee, who, in exchange for compensation, occupies or is in actual or apparent control or possession of the short term residential dwelling unit, which is either 1) registered as a short term rental property or 2) satisfies the definition of a short term rental property, as such term is defined in this section. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the short term rental is a transient occupant.
[Added 11-5-2025 by Ord. No. 2025-18]
a.
It shall be unlawful for any owner of any property within the Township to rent or operate a short term rental contrary to the procedures and regulations established in this section or applicable state statute.
c.
Short term rentals shall not be permitted in boarding or rooming houses, dormitories, adult family care homes, assisted living facilities, community residences for developmentally disabled persons, community shelters for victims of domestic violence or nursing homes.
d.
Qualified private communities, HOAs and similar associations may approve more restrictive rules and regulations and additional fees in their bylaws pertaining to short term rental properties within their legal boundaries.
e.
In no event shall a short term rental be rented to anyone younger than 25 years of age. The party executing the lease or rental agreement for occupancy of the short term rental may allow occupants under the age of 25 to stay with him/her during the rental period of the short term rental.
f.
A short term rental can be occupied by no more than two persons per bedroom.
[Added 11-5-2025 by Ord. No. 2025-18]
a.
The owner/responsible party of a short term rental property shall obtain a short term rental permit from the Township Zoning Officer and, if applicable, an inspection by the Construction Official, before renting or advertising for rent any short term rental.
b.
No short term rental permit issued pursuant to this section may be transferred or assigned.
c.
The short term rental permit, if granted, shall be valid for a period of one year from the date of issuance.
d.
The owner of a short term rental property, or any responsible party acting on behalf of the owner, who intends to rent all of the property, or any permitted part thereof, shall also make application to the Township Zoning Officer, 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 the Zoning Department and Construction Department in accord with § 8-4.5. The application fee for the short term rental permit shall be $500.
e.
A short term rental permit and rental certificate of occupancy shall be renewed on an annual basis within 60 days of the anniversary of the issuance of the original short term rental permit by submitting to the Township Zoning Department a short term rental permit application and rental certificate of occupancy application and a renewal registration fee of $500. If an application to renew a short term rental permit is not timely filed, a late fee of $100 shall be charged in addition to the renewal application fee.
f.
The owner of the property intended to serve as a short term rental property, as defined herein, or any responsible party acting on behalf of the owner, shall submit to the Township Fire Prevention Official a copy of the completed short term rental permit application provided by the Township and a fee as defined in § 16-1.8 to cover the necessary fire inspection.
g.
The short term rental permit shall expire when the short term rental property changes ownership. A new application and first-time registration fee will be required in the event that the new owner intends to use the property as a short term rental property. A new application and first-time registration fee shall also be required for any short term rental that has its short term rental permit revoked or suspended.
[Added 11-5-2025 by Ord. No. 2025-18]
a.
Applicants for a short term rental permit shall submit, on an annual basis, an application for a short term rental permit to the Township Zoning Department.
b.
The application shall be signed, under oath, on a form specified by the Township.
c.
Such application shall include:
1.
The name, address, telephone number and email address of the owner(s) of the dwelling unit for which a short term rental permit is sought. If such owner is not a natural person, the application must include and identify the names of all owners, members, 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.
The name, address, telephone number and email address of the short term rental owner, which shall constitute his or her seven-day-a-week, twenty-four-hour contact information.
4.
The name, address, telephone number and email address of the responsible party, which shall constitute his or her seven-day-a-week, twenty-four-hour contact information.
5.
The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it, understands its requirements and certifies, under oath, as to the accuracy of all information provided in the short term rental permit application.
6.
The number and location of all parking spaces available to the short term rental. A short term rental property shall designate one parking space for every bedroom available for rent.
7.
A site plan showing all structures on the short term rental property, the number and location of parking spaces available to the short term rental, a floor plan which shall also show the garage if the garage is intended to be used for short term rental parking. No parking shall be permitted on the lawn or in the street.
8.
The short term rental owner's agreement to use his/her best efforts to assure that use of the short term rental will not disrupt the neighborhood and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties.
9.
Any other information that this section requires an owner to provide to the Township in connection with an application for a rental certificate of occupancy.
d.
Every short term rental property shall be inspected once a year for compliance with the Township's fire safety regulations, property maintenance regulations, lead paint inspection pursuant to § 8-3.1, rental habitability pursuant to § 8-2, rental insurance registration pursuant to § 3-13, construction and other code provisions. In addition, each short term rental is subject to review/inspection to verify the short term rental's eligibility for use as a short term rental by the Township Zoning, Construction, Fire Prevention and/or Health Departments or by any applicable New Jersey or Sussex County Health or Housing Departments.
e.
A sworn statement demonstrating that the short term rental property is not being occupied or used in violation of any provision of the Township Code shall be submitted with the short term rental permit application.
f.
A sworn statement providing there have been no revocations or suspensions of a short term rental permit shall be submitted with the permit application. If a short term rental permit has been revoked or suspended, a short term rental permit shall not be issued, which denial may be appealed as provided hereinafter.
g.
Attached to, and concurrent with, submission of the short term rental permit application, the owner shall provide:
1.
Proof of the owner's current ownership of the short term rental property.
2.
Proof of general liability insurance with a minimum amount of $500,000.
3.
Written certifications from the short term rental owner and responsible party that they agree to perform all of the respective duties specified in this section.
h.
The short term rental permit holder shall publish the short term rental permit number issued by the Township in every print, digital, internet advertisement or any solicitation offering the short term rental for rent.
[Added 11-5-2025 by Ord. No. 2025-18]
a.
Once a Short Term Rental application is submitted, complete with all required information, documentation and fees, the Zoning Department, following any necessary investigation for compliance with this section, 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 there, within 10 business days.
b.
If a short term rental permit is denied, the applicant shall have 10 business days to appeal, in writing, to the Municipal Clerk.
c.
The Municipal Clerk shall, within 30 days thereafter, add the appeal to the Township Committee agenda; and the Township Committee shall hear and decide the appeal.
[Added 11-5-2025 by Ord. No. 2025-18]
a.
Short term rental owners, responsible parties and its transient occupants must comply with all applicable rules, regulations and ordinances of the Township, County of Sussex, State of New Jersey and United States of America.
b.
The owner or responsible party shall not install any advertising or identifying mechanisms, such as signage, including law signage, identifying the property for rent as a short term rental property.
c.
Transient occupants of a short term rental property shall provide the owner or responsible party with their home address, license plate number, year and make of automobile and telephone number.
d.
The owner or responsible party shall post the following information in a prominent location with the short term rental:
1.
Owner's name; if the owner is an entity, the name of a principal in the entity, and phone number for the owner (individual).
2.
The names and phone numbers for the responsible party.
3.
The phone numbers for the State Police Sussex Barracks, Lafayette Township Fire Department, Lafayette EMS and Township Zoning Department.
4.
The maximum number of parking spaces available on site.
5.
Trash and recycling pickup day, all applicable rules and regulations regarding trash disposal and recycling and a notice that all garbage and recycling containers must be removed from the street within 24 hours of the scheduled pick up.
6.
A copy of the ordinance authorizing this section.
7.
Notification that a transient occupant, owner or responsible party may be cited and/or fined by the Township for any violation(s) of the Township's ordinance(s).
e.
In the event any complaints are received by the Township regarding the short term rental or its transient occupants or guests and the owner is unreachable or unresponsive, the responsible party shall be authorized to, and have the responsibility to, take any action to resolved such complaints.
f.
Failure to make application for, and obtain the issuance of, a short term rental permit before advertising or soliciting occupants for the short term rental shall constitute a violation of this section.
g.
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 subleased by the tenant on a short term basis or operated as a short term rental.
h.
The short term rental owner must be current with all taxes, fines or any other amounts owed to the Township prior to issuance of a short term rental permit. In the event that any code violations have been issued by the Township, such violations must be abated before such a permit will be issued. The owner of a dwelling unit must also close any open construction permits prior to the issuance of a short term rental permit.
[Added 11-5-2025 by Ord. No. 2025-18]
Nothing contained in this section is intended to prohibit:
a.
The receipt of consideration for the lawful rental of a dwelling unit for a period of 60 or more days.
b.
The occupancy of a dwelling unit for a period of less than 60 days by a guest(s) of an owner or occupant where no consideration is exchanged.
c.
Lawfully established and operating hotels, motels and bed and breakfast establishments. This section also does not apply to any use of a single-family dwelling protected by New Jersey State Statutes, including, but not limited to, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries and children in group homes pursuant to N.J.S.A. 40:55D-66c.
[Added 11-5-2025 by Ord. No. 2025-18]
In accordance with N.J.S.A. 40-48F-1, there shall be imposed a 3% tax on the rent charged for the occupancy of a short term rental unit that is subject to the New Jersey State Sales Tax under N.J.S.A. 54:32B-3(d). A short term rental owner must use a recognized hosting platform, such as Airbnb or other acceptable hosting platforms, that is capable of collecting and remitting this applicable tax on the occupancy of the short term rental to the Township.
[Added 11-5-2025 by Ord. No. 2025-18]
Parties or social gathering of 10 or greater persons shall be prohibited.
[Added 11-5-2025 by Ord. No. 2025-18]
a.
The Health Department of Lafayette Township or Sussex County, Zoning Enforcement Officer, Fire Official and/or Construction Official are hereby authorized to enforce the provisions of this section.
b.
Any owner, responsible party or transient occupant who violates or neglects to comply with any provision of this section shall, upon conviction thereof, be subjected to a fine of no less than $500 nor exceeding $2,000 or imprisonment for a period not exceeding 90 days or to a period of community service not exceeding 90 days at the discretion of the Judge of the Frankford Joint Municipal Court. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
c.
The Lafayette Township Committee may revoke the short term rental permit of any owner who fails repeatedly to comply with the stated intent and regulations of this section after conducting a hearing at a Township Committee meeting. Any short term rental permit holder whose permit is revoked by action of the Township may not be the subject of a short term rental permit application for one year following the date of revocation of the permit. The Township Committee may elect to issue one warning to the owner that a violation of the regulations has occurred and that, in the event of another valid complaint, the permit is subject to revocation. Egregious violations are subject to immediate revocation of the permit by the Township Committee. The Mayor, or his designee, may immediately suspend the short term rental permit in the event of a violation of the regulations until such time as the Township Committee can address such violation(s) at a regularly scheduled Township Committee meeting.
d.
The penalty imposed herein shall be in addition to any and all other remedies that may accrue under any other law, including, but not limited to, eviction proceedings and/or injunctive relief in any court of competent jurisdiction.
[Ord. 6/13/67, § 1]
As used in this section:
Shall include any heater, stove or appliance designed for heating of space in structures, using or designated for using kerosene, liquid fuel, or other flammable liquids, which is not connected to a flue or chimney and which is capable of being moved while in operation.
[Ord. 6/13/67, § 2]
Except as hereinafter provided, no person shall use, keep for use, store and maintain for use or suffer or permit the use of a portable liquid fuel burning space heater in any building or structure which is designed or intended for human occupancy and use, or which is actually occupied and used as a habitation by human beings.
[Ord. 6/13/67, § 3]
Nothing herein contained shall prevent the use of a portable liquid fuel burning space heater in time of power failure or other emergency, but only for and during the period of such power failure or other emergency.
[Ord. 6/13/67, § 4]
Except when in use during periods of power failure or other emergency, all portable liquid fuel burning space heaters shall be stored in a basement or out building, and all kerosene, liquid fuel or flammable liquid shall be removed from the heaters.
[Ord. 8/2/94]
All principal structures located on separate lots shall be identified by their designated number, as issued by the Lafayette Township Committee. Such numbers shall be displayed so as to be clearly seen and identified from the road. This shall not be construed to limit the locations of the numbers to be on the structure itself; however, they shall be so located that they will reasonably indicate the building so intended to be identified. Business signs and/or mailboxes are examples of acceptable locations, provided that such signs or mailboxes are located on the same side of the road and next to the entrance of the lot. Notwithstanding the above, said numbers shall be at least three inches in height.
[Ord. No. 2008-19, § 1]
This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Township of Lafayette due to the air pollution and fire hazards of outdoor wood furnaces and outdoor burning.
[Ord. No. 2008-19, § 2]
Outdoor wood furnaces, including outdoor wood-fired hydronic heaters, (OWF), typically burn wood to heat water that is piped underground to a nearby structure (usually a home) resulting in heat for a building. With smoldering fires and short smokestacks OWFs can create heavy smoke that is released close to the ground, where it is not only a nuisance but unhealthy to breathe. Smoke contains particles which can affect both the lungs and the heart. Therefore, in order to promote public health, safety and welfare of the citizens of the Township of Lafayette OWFs as defined in this section shall be subject to regulation as set forth herein.
[Ord. No. 2008-19, § 3]
Shall mean flue or flues that carries off exhaust from an outdoor wood furnace firebox or burn chamber.
Shall mean EPA OHH (outdoor hydronic heater) Phase 2 Program administered by the United States Environmental Protection Agency and that has a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly.
Shall mean outdoor hydronic heater that has been EPA OHH Phase 2 Program qualified. The model has met the EPA OHH Phase 2 emission level and is labeled accordingly.
Shall mean EPA OWHH (outdoor wood-fired hydronic heater) Phase 1 Program administered by the United States Environmental Protection Agency and that has a particulate matter emission limit of 0.60 pounds per million British Thermal Units input and is labeled accordingly.
Shall mean an outdoor wood-fired hydronic heater that has been EPA OWHH Phase 1 Program qualified. The model has met the EPA OWHH Phase 1 emission level and is labeled accordingly.
Shall mean an outdoor wood furnace that was purchased and installed prior to the effective date of this section[1] and has been issued the certificate of occupancy (CO).The furnaces shall at a minimum meet EPA and NJDEP air emission requirements.
Shall mean wood, which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
Shall mean an outdoor wood furnace that is first installed, established or constructed after the effective date of this section.[2] All new furnaces shall meet or be more limiting in air emissions than the EPA OHH Phase 2 Program requirements and shall be in compliance with NJDEP air emission requirements.
Shall mean any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors and is primarily hand-loaded for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood boiler, outdoor wood-fired hydronic heater or outdoor hydronic heater.
Shall mean an outdoor wood-pellet furnace that is specifically designed to burn wood pellet fuel, corn, or other biomass pellets with metered fuel and air feed and controlled combustion engineering, which burns only wood pellets, corn or other biomass pellets.
Shall mean all persons, or authorized representatives, planning to install an outdoor wood furnace shall obtain a permit from the building department and submit required documentation in accordance with this section. This permit shall be in addition to any other permits, such as plumbing, electrical, and other subcode permits and fees, as required by the building department. The permit fee for review, administration, and inspection of the outdoor wood furnace to verify compliance with this ordinance shall be set at $120. A permit shall be obtained prior to operation, as defined by burning of fuel, connection of electric, and connection of plumbing. A permit shall also be obtained prior to operating an outdoor wood furnace following a transfer or sale of property at which the furnace is located.
For the purpose of this section, significant changes in elevation are any natural or man-made objects, such as hills, ridgelines, stone outcroppings, tree lines, and structures, which are greater than 30 feet in height above the natural grade of the outdoor wood furnace.
For the purpose of this section, a site plan can be prepared by the owner of the property and does not require a professional engineer or surveyor. The most recent survey for the property should be used and indicate all structures in the owner's property. The site plan shall indicate the location of the furnace and height of the chimney. The site plan shall be prepared by the owner or authorized representative of the owner of any outdoor wood furnace and shall at a minimum show the metes and bounds of owner's property and straight line distance from the outdoor wood furnace to 1) property lines, 2) owner's residence, and 3) all residential and commercial structures within 500 feet. Significant changes in elevation within 200 feet of the outdoor wood furnace, such as ridgelines, hilltops, and tree lines, shall be indicated on the site plan.
[Ord. No. 2008-19, § 4]
a.
No person shall, from the effective date of this section, construct, install, establish, operate or maintain an outdoor wood furnace other than in compliance with the applicable subsections of this section.
b.
No person shall, from the effective date of this section operate an existing outdoor wood furnace unless such operation conforms with the manufacturer's instructions regarding such operation and maintenance, and the requirements of this section regarding fuels that may be burned in an outdoor wood furnace as set forth in subsections 8-8.3a, b and j and subsection 8-8.5a of this section.
c.
All new outdoor wood furnaces shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this section. In the event of a conflict, the requirements of this section shall apply unless the manufacturer's instructions are more strict, in which case the manufacturer's instructions shall apply.
e.
All new outdoor wood furnaces shall be laboratory tested and listed to appropriate safety standards such as UL, CAN/CSA, ANSI or other applicable safety standards and meet emission limits of EPA OHH Phase 2 Program.
f.
Nuisance. If an existing outdoor wood furnace is, through the course of a proper investigation by local or state authorities, creating a verifiable nuisance, as defined by ordinance or law, the owner shall be required to take the following steps at the direction of the building department or code enforcement officer of Lafayette Township:
1.
Modifications made to the unit to eliminate the nuisance such as extending the chimney or relocating the outdoor wood furnace or both, as specified in this ordinance.
2.
Cease and desist operating the unit until reasonable steps can be taken to ensure that the outdoor wood furnace will not be a nuisance.
3.
Demonstrate that the outdoor wood furnace is installed in compliance with manufacturer's instructions.
g.
The sale or transfer of any property with an existing outdoor wood furnace shall be required to obtain a permit to operate as defined in subsection 8-8.3k of this section. The furnace unit shall be removed or rendered inoperable until an inspection of the furnace is conducted and operation of the furnace in accordance with manufactures instructions is verified.
[Ord. No. 2008-19, § 5]
Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:
a.
Fuel burned in any new or existing outdoor wood furnace shall be only natural untreated wood, wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas, or propane backup.
b.
The location of any new or existing outdoor wood furnace shall not be located in front of the primary residence. For corner lots, this limitation shall apply to both residential structure sides facing a roadway.
c.
No outdoor wood furnace shall be located within 500 feet of the property lines of a school, day-care, medical facility or public park.
d.
The following fuels are strictly prohibited in any new and/or existing outdoor wood furnaces:
1.
Wood that has been painted, varnished or coated with similar material and/or has been pressure treated with preservatives and contains resins or glues as in plywood or other composite wood products.
2.
Rubbish or garbage, including but not limited to food wastes, food packaging, food wraps.
3.
Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
4.
Rubber, including tires or other synthetic rubber-like products.
5.
Newspaper, cardboard, or any paper with ink or dye products.
6.
Any other items not specifically allowed by the manufacturer or this provision.
e.
Setbacks for Any New Outdoor Wood Furnace Model.
2.
The outdoor wood furnace shall be located at least 200 feet from any residence that is not served by the outdoor wood furnace.
3.
The outdoor wood furnace shall be located on the property in compliance with manufacturer's recommendations and or testing and listing requirements for clearance to combustible materials.
f.
Chimney Heights for Any New Outdoor Wood Furnace Model.
1.
The chimney of any new outdoor wood furnace shall extend at least two feet above the peak of any residence not served by the outdoor wood furnace located within 300 feet of such outdoor wood furnace.
2.
For distances of not less than 300 feet but no more than 500 feet from any residence not served by the furnace, the stack height shall be at least 25% of the peak line of that residence, plus an additional two feet.
3.
If located more than 500 feet from any residence not served by furnace, the stack height shall be in accordance with manufacturer's instructions but in no case be less than five feet above the peak roof line of the furnace unit.
g.
Outdoor wood-pellet furnaces that are specifically designed to burn wood pellet fuel, corn or other biomass pellets with metered fuel and air feed and controlled combustion engineering shall be installed per the manufactures' recommendations.
[Ord. No. 2008-19, § 6]
This section does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances. This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned are specifically precluded by this section. This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
[Ord. No. 2008-19, § 7]
The penalty for violation of any portion of this section shall be a fine of not less than $25 or more than $250 plus the cost of prosecution. Penalties are doubled for second and subsequent offenses. Each week's continued violation shall constitute a separate and distinct offense.
[Ord. No. 2008-19, § 8]
The code enforcement officer of Lafayette Township or any authorized officer, agent, employee or representative of the Township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. If the owner or occupant of the premises denies access to the property for this purpose, the township may apply for a court order or warrant pursuant to law to compel entry to the property to carry out the provisions of this section.