Borough of Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
[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]
As used in this section;
PEDDLER
Means any person, whether a resident of the Borough or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, food, ice cream, fruit ices, soda water, garden farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers. "Hawkers," "hucksters" and "vendors" are included.
[Ord. No. 25 § 1]
It shall be unlawful for any person to engage in the business of a peddler within the Borough limits without first obtaining a license.
[New; Ord. No. O-2014-21]
The license fee for a peddler on foot shall be ten ($10.00) dollars per year. The license fee for a peddler with a vehicle shall be fifty ($50.00) dollars per year. These fees are for the purpose of raising revenues. No portion of the fee shall be prorated for any part of the year.
[New]
No peddler 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]
No person shall sell, offer for sale, hawk or peddle in the borough any of the items listed in subsection 4-2.1 before 9:00 a.m. or after sunset.
[New]
It shall be the duty of any Borough police officer to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this section against any person found to be violating the same.
[New]
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]
The equipment used or employed by peddlers 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]
The number of licenses to be issued at any time in the Borough of Highlands for vending carts for the sale of food or goods shall be limited to not more than ten (10) 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;
SOLICITOR
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.
The fee for a solicitor's or canvasser's license shall be ten ($10.00) dollars.
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.
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 fifteen ($15.00) dollars.
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.
Operators shall be charged five ($5.00) dollars 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.
JUNK YARD
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.
GARAGE SERVICE STATION
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]
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. 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.
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. The application 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.
b. 
A statement that the applicant's business will not violate the zoning ordinance of the borough.
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.
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 ten ($10.00) dollars.
[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:
a. 
Any person acting 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.
[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.
The license fee for one year shall be nine thousand six hundred ($9,600.00) dollars 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:
GARAGE SALES
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.
GOODS
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.
OCCUPANT
Shall mean owner or lessee of the premises upon which the sale is to be conducted.
It shall be unlawful for any person to conduct a garage sale in the borough without first filing with the borough clerk the information hereinafter specified and obtaining from the clerk a license to conduct such a sale, to be known as a "garage sale license."
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 a five ($5.00) dollar fee 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.
APARTMENT
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.
AVAILABLE TO FOR RENT TO TENANT
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.
DWELLING UNIT
Shall mean and include that portion of a building or structure rented or offered for rent to one or more tenants or family units.
INDIVIDUAL CONDOMINIUM UNITS
Shall be treated as separate and individual rental properties.
MAINTENANCE OR PROPERTY MAINTENANCE
Shall mean the cleanliness and proper working order and upkeep of all areas used by tenants and the public.
OCCUPANTS OF RENTAL UNITS OR TENANTS
Shall mean those persons who have leased the unit from the owner regardless of the type of tenancy under which they occupy the unit.
OWNER OCCUPIED
Shall mean the primary residential living unit of the owner.
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.
RENTAL PROPERTY
Shall mean any structures or building which contains one or more individual residential units.
RENTAL UNIT
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.
RESIDE
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:
1. 
A statement setting forth the maximum number of residents permitted in the unit and the location of designated and permitted sleeping areas; and
2. 
A provision that the tenant agrees to reasonable inspections of the demised premises by borough officials upon reasonable notice to tenant.
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.
Annual electrical inspection for pool
$50.00
Change of CCO inspection fee
$50.00
Reinspection fee
$25.00
Reinspection of reinspection of violations
$75.00
Requested preinspection
$40.00
Request for hearing board
$500.00
No show at requested inspection, reinspection fee (15 minute wait)
$80.00
No show reinspection fee (15 minute wait)
$100.00
TCO
$75.00
Replacement of lost inspection certificate by applicant
$10.00
Failure to register — 1st offense
$1,250.00
Failure to register — 2nd offense
$2,500.00
Negligent or inadvertent failure to register a unit, apartment, home for rental
$1,250.00
Refusal or deliberate failure to register a unit, apartment, home or rental
$2,500.00
Failure to supply copy of lease (1 copy)
$100.00
Overcrowding
$1,250.00
Request for extension of time, must be in writing
$10.00
Failure to supply floor plan
$250.00
[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:
OWNER
Shall mean an individual or entity holding title to a property proposed for short-term rental, by way of a legally recorded Deed.
OWNER-OCCUPIED
Shall mean the owner of the property resides in the short term rental property (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.
PRINCIPAL RESIDENCE
Shall mean the address: (1) where at least one of the property owners spends the majority of his or her non-working time, and (2) which is most clearly the center of his or her domestic life, and (3) which is identified on his or her driver's license or State Identification Card as being his or her legal address. All the above requirements must be met in order for an address to constitute being a principal residence for purposes of this Section 4-14.
PROPERTY
Shall mean a parcel of real property located within the boundaries of the Borough of Highlands.
RESPONSIBLE PARTY
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.
SHORT-TERM RENTAL (ALSO REFERENCED AS "STR")
Shall mean the accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of 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.
SHORT-TERM RENTAL PROPERTY (ALSO REFERENCED AS "STRP")
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.
TRANSIENT OCCUPANT
Shall mean any person or a guest or invitee of such person, who, in exchange for compensation, occupies or is in actual or apparent control or possession of residential property, which is either: (1) registered as a short-term rental property, or (2) satisfies the definition of a short-term rental property, as such term is defined in this Section 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 one unit 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; and
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.
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. 
Two 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;
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.
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.
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.
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, as set forth in 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;
4. 
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;
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:
1. 
Proof of the owner's current ownership of the short-term rental unit;
2. 
Proof of general liability insurance in a minimum amount of $1,000,000.00; and
3. 
Written certification from the responsible party that they agree to perform all of the respective duties specified in this Section 4-14.
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);
2. 
The name and phone number for the responsible party (as defined in this Section 4-14);
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:
HEARING OFFICER
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.
LANDLORD
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.
RENTAL
Shall mean any rental of residential accommodations.
SUBSTANTIATED COMPLAINT
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:
AFFILIATE
A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
BOROUGH
The Borough of Highlands.
BOROUGH PROPERTY
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.
EXCESS CAPACITY
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.
OTHER WAYS
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.
OVERHEAD FACILITIES
Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON
Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited-liability companies and individuals and includes their lessors, trustees and receivers.
PUBLIC STREET
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.
PUBLIC WAY
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.
SMALL WIRELESS FACILITIES
Consistent with 47 CFR 1.6002(I), small wireless facilities are facilities that meet the following conditions:
a. 
The facilities:
1. 
Are mounted on structures 50 feet or less in height including their antennas; or
2. 
Are mounted on structures no more than 10% taller than other adjacent structures; or
3. 
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;
b. 
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
c. 
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;
d. 
The facilities do not require antenna structure registration under 47 CFR Part 17; and
e. 
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).
STATE
The State of New Jersey.
SURPLUS SPACE
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.
TELECOMMUNICATIONS CARRIER
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.
TELECOMMUNICATIONS FACILITIES
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.
TELECOMMUNICATIONS PROVIDER
Includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICE
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.
TREE
Any perennial plant having a diameter of four inches or greater measured at a point four feet above the ground.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundation or supports for overhead facilities.
USABLE SPACE
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).
UTILITY EASEMENT
Any easement owned by the Borough and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY 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:
1. 
The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities.
2. 
The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
f. 
If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
1. 
The location proposed for the new ducts or conduits.
2. 
The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
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.
c. 
Complete applications that comply with the standards set forth in Subsection 4-16.19 shall be granted within the applicable time period.
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:
a. 
The information required pursuant to Subsection 4-16.6 of this section.
b. 
Any information required pursuant to the license agreement between the Borough and the grantee.
c. 
Such additional reasonable and relevant information as may be determined by the Borough Council as essential for acting upon the renewal application.
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.
b. 
Absent a showing of necessity, the following shall apply:
1. 
There shall be no more than one small wireless facility located on any single structure.
2. 
Small wireless facilities shall not be located within 200 feet of any existing small wireless facilities.
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:
a. 
The construction, repair, maintenance or installation of any Borough or other public improvement in or upon the public ways.
b. 
The operations of the Borough or other governmental entity in or upon the public ways.
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. 
That licensee has complied with all requirements of this section.
b. 
All books, records, maps and other documents maintained by the licensee with respect to its facilities within the public ways shall be made available for inspection by the Borough at reasonable times and intervals.
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:
1. 
Comprehensive general liability insurance with limits not less than:
(a) 
For bodily injury or death to each person: $5,000,000.
(b) 
For property damage resulting from any one accident: $5,000,000.
(c) 
For all other types of liability: $5,000,000.
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:
a. 
That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.
b. 
That rebuts the alleged violation or noncompliance.
c. 
That it would be in the public interest to impose some penalty or sanction less than revocation.
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.