[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:
ADVERTISE or ADVERTISING
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.
CONSIDERATION
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.
DWELLING UNIT
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).
HOUSEKEEPING UNIT
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.
OCCUPANT
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.
OWNER
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.
PERSON
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.
RESIDENTIAL OCCUPANCY
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:
1. 
The dwelling has been inspected, issued a rental certificate of occupancy, and complied with all the requirements set forth in Chapters 12 and 27 of the Borough Code.
2. 
The property owner/landlord has filed the appropriate registration with the Borough pursuant to N.J.S.A. 46:8-28 and Chapter 12 and Chapter 27 of the Borough Code.
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, 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.