[Added 8-22-2018 by Ord. No. 2018-09]
A. 
Notwithstanding anything to the contrary contained in the Township of Hardyston Code, it shall be unlawful for an owner, lessor, sublessor, any other person(s) or entity(ies) with possessor or use right(s) in a dwelling unit, their principals, partners or shareholders, or their agents, employees, representatives and other person(s) or entity(ies), acting in concert or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any dwelling unit, as defined herein, for a period of 60 days or less.
B. 
Nothing in this section will prevent formation of an otherwise lawful occupancy of a dwelling unit for a rental period of more than 60 days.
As used in this section, the following terms shall have the meanings indicated:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion and communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this section, as same may be viewed through various media, including, but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, for consideration, which are prohibited by this section.
CONSIDERATION
Soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration, including a promise or benefit, a quid pro quo, rent, fees, other form of payment, or thing of value.
DWELLING UNIT
Any structure, or portion thereof, whether furnished or unfurnished, which is occupied, in whole or in part, or intended, arranged or designed to be occupied for sleeping, dwelling, cooking, gathering and/or entertaining, as a residential occupancy, by one or more persons. This definition includes an apartment, condominium, building, cooperative, converted space, or portions thereof, that are offered to use, made available for use, or are used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s), for consideration, for a period of 60 days or less.
HOUSEKEEPING UNIT
Constitutes a family-type situation involving one or more persons living together that exhibit the kind of stability, permanency and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.
OCCUPANT
Any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessory right(s) within a dwelling unit.
OWNER
Any person(s) or entity(ies), association, limited liability company, corporation, or partnership, or any combination, who legally use, possess, own, lease, sublease or license (including an operator, principal, shareholder, director, agent, or employee, individually or collectively) that has charge, care, control, or participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
PERSON
An individual, firm, corporation, association, partnership, limited liability company, entity, and any other person(s) and/or entity(ies) acting in concert or any combination thereof. Residential occupancy shall mean the use of a dwelling by an occupant(s).
[Amended 3-22-2023 by Ord. No. 2023-02]
A. 
The residential occupancy of an otherwise lawful and lawfully occupied dwelling unit for a period of 60 days or less by any person who is a member of the housekeeping unit of the owner, without consideration, such as house guests, is permitted.
B. 
Golf villas in connection with the golf course resort orientated housing as permitted within the C-R Zone shall be permitted to rent, lease or otherwise lawfully occupy the dwelling unit in accordance with the land use approvals and conditions governing the development for a period of 60 days or less.
C. 
The cabins/dwelling units located at Block 59, Lot 6.04, in the MIDD-10 Zone are permitted to be rented, leased or otherwise lawfully occupied for a period of 60 days or less in accordance with the land use approvals and conditions governing the property.
D. 
Hotel condominiums, as established in § 185-58 of the Municipal Code, shall be permitted to be rented, leased, or otherwise lawfully occupied for a period of 60 days or less in accordance with the applicable land use approvals and conditions governing the properties.
Any change of occupancy for a residential dwelling unit as permitted pursuant to this article shall be required to obtain a certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC) pursuant to the New Jersey Uniform Fire Code (N.J.A.C. 5:70-2.3).
A. 
Any person who is renting their dwelling unit for consideration on a temporary basis for a period greater than 60 days but less than 365 days shall be required to register with the Township Clerk by completing a registration form approved by the Manager of Hardyston Township.
B. 
The registration shall include the property location, owner contact information, emergency contact information, the names of the occupants and the term of residence.
C. 
The registration shall include a fee as established in Chapter 88 of the Township General Ordinances.
A. 
The provisions of this article shall be enforced by the Building Code Official, Fire Official, Health Department, other Subcode or Code Official, or law enforcement agent of the Hardyston Township Police Department, as their jurisdiction may arise, including legal counsel for the Township or other persons designated by the Township of Hardyston to issue municipal civil infractions directing alleged violators of this article to appear in court or file civil complaints.
B. 
A violation of this article is hereby declared to be a public nuisance, a nuisance per se, and is hereby further found and declared to be offensive to the public health, safety and welfare.
C. 
Any person found to have violated any provision of this article, without regard to intent or knowledge, shall be liable for maximum civil penalty, upon adjudicated violation or admission, of a fine not exceeding the maximum permitted by N.J.S.A. 40:49-5. Each day of such violation shall be a new and separate violation of this article.
D. 
The penalty imposed herein shall be in addition to any other remedies that may accrue under any other law, including, but not limited to, eviction proceedings and/or injunction, reasonable attorney's fees or other fees and costs, in the Township's Municipal Court or the Superior Court of New Jersey in the vicinage of Sussex County, or in such other court or tribunal of competent jurisdiction, by either summary disposition or by zoning or construction code municipal proceeding.
[Added 3-22-2023 by Ord. No. 2023-02; amended 4-24-2024 by Ord. No. 2024-04]
The properties listed in § 104-15B, C, and D are transient accommodations, as defined by N.J.S.A. 54:32B-2(ggg), as these properties are professionally managed and/or are rented out via a transient space marketplace. Accordingly, pursuant to N.J.S.A. § 40:48F-1 et seq., at the end of each and every occupancy of the properties listed in § 104-15B, C, and D, which occupancy is for a period of 90 days or less, the property owner, in addition to the State Sales Tax and State Occupancy Fee, shall be subject to a 3% Municipal Occupancy Tax. This tax shall not be imposed upon the rent for an occupancy if the purchaser, user, or consumer, is an entity exempt from the tax imposed on an occupancy under the Sales and Use Tax Act pursuant to N.J.S.A. 54:32B-9.