[HISTORY: Adopted by the Township Council of the Township
of Jackson 8-11-2020 by Ord. No. 12-20. Amendments noted where applicable.]
A.
The Township of Jackson is authorized to regulate buildings used
for sleeping, lodging and occupancy for purposes including but not
limited to boardinghouses, rooming houses, rental housing or other
living units pursuant to N.J.S.A. 40:52-1 et seq. In addition, N.J.S.A.
40:48-2.12(a) provides that the governing body of a municipality may
make, amend and repeal and enforce ordinances to regulate buildings
and structures and their use and occupation to prevent and abate conditions
therein harmful to the health and safety of the occupants of said
building and structures and the general public in the municipality.
This article aims to curtail, and in certain circumstances prohibit,
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 will transform
many residential dwellings into flophouses to the detriment to the
health, safety, and quiet enjoyment of the affected neighborhoods.
B.
This chapter does not apply to lawfully established and operating
hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast
establishments.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building or portion thereof designed or used exclusively
for one or more dwelling units, as delineated below:
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building, either vertically or horizontally, and with an independent means of access.
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, MULTIPLEA building designed for or containing three or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, EFFICIENCY APARTMENTAn apartment including the following separate rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, ONE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, TWO-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, THREE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
DWELLING, TOWNHOUSEA one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
A room within or section of a dwelling that constitutes an
area less than the entire dwelling.
No dwelling, or segment thereof, may be rented or leased for
a term of less than 30 days.
A.
The lease or rental of multiple rooms within a dwelling to a single
tenant or separate tenants is prohibited.
B.
The lease or rental of a single room within a dwelling is permitted,
provided the following conditions are satisfied:
(1)
The dwelling has been inspected, issued a rental certificate of occupancy, and complied with all other requirements set forth in Chapter 234.
(2)
The landlord has filed the appropriate registration with the Township pursuant to N.J.S.A. 46:8-28 and § 245-1 of the Township Code.
(3)
The dwelling complies with all applicable health, safety, construction,
zoning, and fire codes.
(4)
The dwelling has a minimum of two bedrooms.
(5)
The addition of the tenant does not result in a violation of occupancy
limitations.
(6)
The owner maintains all required insurances in sufficient coverage
amounts and has furnished proof thereof to the Township.
(7)
The dwelling is owner-occupied year round.
(8)
A minimum tenancy of one month, and a maximum of one tenant.
(9)
The tenant has unrestricted access to the dwelling's common
areas and amenities, including but not limited to kitchens, basements,
garages, laundry facilities, patios/porches, pools, assigned closets,
assigned bathrooms, and living and dining areas.
(10)
Bedroom doors may have privacy locks, but not key locks.
(11)
There is sufficient space on the subject property to lawfully
provide one on-premises parking space for the tenant's vehicle.
The lease or rental of any dwelling for commercial or corporate
purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature,
accessory, or appurtenance to or associated with a dwelling is prohibited.
The print, electronic, or internet advertisement of any rental
that is prohibited by or fails to comply with the provisions of this
chapter or any other applicable provision of the Township Code is
prohibited.
The Jackson Township Code Enforcement Officer and the Police
Department are empowered to enforce this chapter.
A.
Every person convicted of a violation of a provision of this chapter
shall be subject to the maximum fines and penalties established under
N.J.S.A. 40:49-5 and 40:69A-29, and any subsequent amendments thereto.
B.
Each and every day a violation of this chapter persists shall constitute
a separate violation.
C.
To the extent the conduct prohibited under this chapter also violates
other provisions of the Township Code, those violations constitute
separate offenses subject to additional fines and penalties as prescribed.
