[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong 5-20-2020 by Ord. No. 9-2020. Amendments noted where applicable.]
A. 
The Council of the Borough of Hopatcong finds and declares that the short-term rental of limited residential dwelling units within the Borough benefits the local community by affording owners of such units the ability to garner additional income from their real property (also referenced as "property") in order to diminish the financial burden of carrying costs and maintenance expenses related to the property, as well as providing travelers with an alternative option for accommodations in the Borough, thereby promoting the local travel and tourism industry, and contributing to the economic vitality of the Borough. Notwithstanding those benefits, the Borough Council also finds and declares that certain transitory uses of residential property tend to affect the residential character of the community and, if unregulated, can be injurious to the health, safety, and welfare of the community.
B. 
The intended purposes of this section are to:
(1) 
Balance the rights of the owners of the residential dwelling units proposed for short-term rental use and the Borough's business community affected by the allowance and existence of short-term rentals;
(2) 
Protect the public health, safety, and general welfare of individuals and the community at large;
(3) 
Provide for an organized and reasonable process for the short-term rental of certain defined classifications of residential dwelling units in the Borough;
(4) 
Monitor and provide a reasonable means for the mitigation of impacts created by such transitory uses of residential properties within the Borough;
(5) 
Preserve and protect the long-term housing market stock in the Borough;
(6) 
Implement rationally based and reasonably tailored regulations to protect the integrity of the Borough's residential neighborhoods; and
(7) 
Ensure that the short-term rental property inventory in the Borough satisfies basic property maintenance standards, in order to protect the safety of the occupants and the citizens of the Borough.
C. 
The Borough Council has therefore determined that it shall be unlawful for any owner of any property within the geographic bounds of the Borough of Hopatcong, County of Sussex, State of New Jersey, to rent or operate a short-term rental contrary to the procedures and regulations established in this section, or applicable state statute.
In accordance with New Jersey law, a municipality may make and enforce within its limits all ordinances and regulations not in conflict with general laws, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants.
As used in this section, the following terms shall have the meanings indicated below:
HOTEL or MOTEL
A building or portion thereof which is regularly used and kept open as such for the purpose of furnishing sleeping accommodations and related services for pay to tourists, transients, or travelers. It includes, but is not limited to, the following:
A. 
An apartment hotel or motel, bed-and-breakfast, motel, inn, tourist home, tourist house or court, tourist cabin and club;
B. 
A boardinghouse or rooming house containing eight or more units; and
C. 
Any other building or group of buildings in which sleeping accommodations are normally available to the public on a transient basis, excluding those properties that are registered as a short-term rental property or that satisfy the definition of a short-term rental property, as such term is defined in this section.
OWNER
An individual or entity holding title to a property proposed for short-term rental by way of a legally recorded deed.
OWNER-OCCUPIED
The owner of the property resides in the short-term rental property (the "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. 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.
PRINCIPAL RESIDENCE
The address 1) where at least one of the property owners spends the majority of his or her nonworking 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, voter registration, 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 the purposes of this section.
PROPERTY
A parcel of land designated as a lot on the Municipal Tax Map or multiple designated parcels of land adjacent to each other under common ownership.
[Amended 11-3-2021 by Ord. No. 27-2021]
RESIDENT PROPERTY MANAGER
An individual employed to manage a property who resides in the short-term rental property, or in a legally zoned residential unit on the property, and identifies same as his or her principal residence as that term is defined in this section.
[Added 11-3-2021 by Ord. No. 27-2021]
RESPONSIBLE PARTY
Both the short-term rental property owner and/or resident 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 resident property manager, to accept service of legal process on behalf of the owner of the short-term rental property.
[Amended 11-3-2021 by Ord. No. 27-2021]
SECTION
Chapter 189, § 189-1 et seq., entitled "Short-Term Rentals," as contained within Part II, entitled "General Legislation."
SHORT-TERM RENTAL (the "STR")
The accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of 28 or fewer consecutive days, up to a cumulative total period of not to exceed 120 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.
SHORT-TERM RENTAL PROPERTY (the "STRP")
A residential dwelling unit as defined in Chapter 189 of the Code of the Borough of Hopatcong, 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. Dwelling units rented to the same occupants for more than 28 consecutive days, licensed bed-and-breakfast establishments, licensed rooming or boardinghouses, hotels, and motels shall not be considered a short-term rental property.
SHORT-TERM RENTAL PROPERTY AGENT
Any New Jersey licensed real estate agent or other person designated and charged by the owner of a short-term rental property with the responsibility for making the STR application to the Borough on behalf of the owner and fulfilling all of the obligations in connection with completion of the STRP permit application process on behalf of the owner. Such person shall be available for and responsive to contact on behalf of the owner at all times.
TRANSIENT OCCUPANT
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. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of any occupant of the short-term rental is a transient occupant.
[Amended 11-3-2021 by Ord. No. 27-2021]
A. 
It shall be unlawful for any owner of any property within the geographic bounds of the Borough of Hopatcong, County of Sussex, State of New Jersey, to rent or operate short-term rental contrary to the procedures and regulations established in this section or applicable state statute.
B. 
Short-term rentals shall be permitted to be conducted in the following classifications of property in the Borough of Hopatcong:
(1) 
Condominium units, where the condominium association bylaws or master deed permit a short-term rental, and where the owner of the unit legally identifies the address as his or her principal residence or the resident property manager resides at the property, as that term is defined herein;
(2) 
Individually or collectively owned single-family residences, where one of the owners or the resident property manager legally identifies the property as the address of his or her principal residence, as that term is defined herein and resides in or at the property during all rentals.
[Amended 7-19-2023 by Ord. No. 15-2023]
(3) 
Up to two separate units within a two-family residential dwelling, where one of the two units is occupied by the owner or the resident property manager and the property is legally identified by the owner or the resident property manager as his or her principal residence, as that term is defined herein;
(4) 
Not more than two separate units in any multifamily residential dwelling, where one other unit in the same dwelling is occupied by the owner or the resident property manager and the property is legally identified by the owner or the resident property manager as his or her principal residence, as the term is defined herein; and
(5) 
Not more than two bedrooms within a single-family residential dwelling unit, where the bedrooms share 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 or the resident property manager and the property is legally identified by the owner as his or her principal residence, as that term is defined herein.
C. 
Notwithstanding the provisions of Subsection B above, short-term rentals shall not be permitted in boardinghouses 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 bylaws 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 property none of the owners or the resident property manager legally identify 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 or the resident property manager and the property is not legally identified by him or her as his or her principal residence;
(4) 
Two or more units in a multifamily residential dwelling, and where one of the other units is not occupied by the owner or the resident property manager and the property is not legally identified by him or her as his or her principal residence;
(5) 
A room within a single-family, two-family or multifamily residential dwelling unit, where the room shares common kitchen and bathroom facilities of the dwelling unit in which it is located; and
(6) 
Two or more individual rooms within a single-family, two-family or multifamily residential dwelling unit, where the rooms share common kitchen and bathroom facilities of the dwelling unit(s) in which they are located, where the owner of the dwelling unit or the resident property manager does not identify the property as his or her principal residence.
D. 
The provisions of this section shall apply to short-term rental as defined in § 189-3 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: 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.
Short-term rentals are permitted as an accessory use to a permitted principal residential use in all zoning districts and redevelopment plan areas where residential uses are permitted.
[Amended 11-3-2021 by Ord. No. 27-2021; 4-1-2026 by Ord. No. 8-2026]
A. 
In addition to any land use requirement(s) set forth by the Borough of Hopatcong Land Use Procedures and Zoning Regulations,[1] the owner of a short-term rental property shall obtain a short-term rental permit ("STRP") from the Borough of Hopatcong Municipal Housing Liaison, before renting or advertising for rent any STRP.
[1]
Editor's Note: See Ch. 28, Land Use Procedures, and Ch. 242, Zoning.
B. 
No person or entity shall operate an STRP, or advertise a residential property for use as an STRP, without the owner of the property first having obtained an STRP issued by the Borough of Hopatcong Municipal Housing Liaison. The failure to obtain a valid STRP 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 section. No STRP issued under this section 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, shall submit to the Borough of Hopatcong Municipal Housing Liaison a short-term rental permit application provided by the Borough, along with an annual application/registration fee of $1,000. Said fee shall be non-refundable, including if 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, who intends to rent all of the property, or any permitted part thereof as a short-term rental, shall also make an application to the Borough of Hopatcong Municipal Housing Liaison, in conjunction with the short-term rental permit application, for the issuance of a rental certificate of occupancy for the STRP, on such forms as required by that department.
F. 
An STRP 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 Borough of Hopatcong Municipal Housing Liaison an STRP application and rental certificate of occupancy application and a renewal registration fee of $750. There is a reinspection fee of $85 for each failed reinspection.
G. 
The STRP shall expire automatically when the 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. A new application and first-time registration fee shall also be required for any property that had its STRP revoked or suspended.
[Amended 11-3-2021 by Ord. No. 27-2021; 7-19-2023 by Ord. No. 15-2023; 4-1-2026 by Ord. No. 8-2026]
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 Hopatcong Municipal Housing Liaison. The application shall be furnished, under oath, on a form specified by the Borough Administrator, accompanied by the nonrefundable application fee as set forth in § 189-6 above. Such application shall include:
(1) 
The name, address, telephone number and email address of the owner(s) of record or resident property manager 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 STRP, confirming, as outlined in this section, that the property is the legal 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 or resident property manager's principal residence, as defined in § 189-3 above;
(5) 
The name, address, telephone number and email address of the short-term rental property manager, if applicable, which shall constitute his or her seven-day-a-week, twenty-four-hour-a-day contact information;
(6) 
The owner's sworn acknowledgement that he or she has reviewed a copy of this section, understood its requirements, and certified, 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 public parking spaces directly adjacent to the premises. Parking requirements shall be that all spaces must be located on the subject property, the spaces must be 10 feet by 20 feet, the minimum number of which must be one space for every 1.5 bedrooms of the subject STRP, including the owner-occupied/resident property manager-occupied bedroom(s). The owner shall certify that every effort will be made to avoid and/or mitigate issues with on-street parking spaces 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 premises shall be limited to one vehicle per two occupants in the short-term rental;
(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 or his 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 an STRP shall require annual inspections for the STRP's compliance with the Borough's fire safety regulations and Property Maintenance Code, Chapter 179. In addition, each application is subject to review to verify the property's eligibility for use as a short-term rental and compliance with the regulations in this section. Failure to abate any outstanding violations prior to occupancy can result in a summons.
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 permit compliance certificate, which states that the premises are not being occupied or used in violation of the Borough of Hopatcong Land Use Procedures and Zoning Regulations,[1] shall be required.
[1]
Editor's Note: See Ch. 28, Land Use Procedures, and Ch. 242, Zoning.
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, the owner shall provide:
(1) 
Proof of the owner's current ownership of the short-term rental unit;
(2) 
Proof that the STRP location is property, as that term is defined herein, that is the resident property manager's principal residence, if applicable;
(3) 
Proof of adequate general liability insurance; and
(4) 
Written certifications from the resident property manager that he or she agrees to perform all of the respective duties specified in this section, if applicable.
G. 
The STRP holder shall publish the 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 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 owner or resident property manager must provide the Borough with information as to the identity of all transient occupants who will be occupying the premises, and visitors' names are to be included in the list of occupants filed with the Borough with each rental, on a form to be made available by the Department of Municipal Housing Liaison or in electronic format on the Borough website. The intent is that the Borough shall have basic identifying information of all occupants and visitors of the location 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' name and ages, vehicle identification with license tag and state of issue, and the dates of the commencement and expiration of the term of each short-term rental period of the respective occupant(s) and visitors.
I. 
In no event shall a short-term rental be rented to anyone younger than 21 years of age. The primary occupant of the short-term rental executing the agreement between the owner and the occupant must be over the age of 21, and must be the party who will actually occupy the property during the rental term. The primary occupant may have guests under the age of 21 who will share and occupy the property with them. Both the primary occupant executing the short-term rental agreement and the 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 21, during the term of the rental.
A. 
Once an application is submitted, complete with all required information and documentation and fees, the Department of the Municipal Housing Liaison, following any necessary investigation for compliance with this section, shall either issue the STR permit and certificate of occupancy, or issue a written denial of the permit application (with the reasons for such denial being stated therein), within 10 business days.
B. 
If denied, the applicant shall have 10 business days to appeal in writing to the Borough Administrator, by filing the appeal with the Borough Clerk's Office.
C. 
Within 30 days thereafter, the Borough Administrator or his designee shall hear and decide the appeal.
D. 
A permit shall only be issued after all outstanding violations have been abated.
[Amended 11-3-2021 by Ord. No. 27-2021]
A. 
All short-term rentals must comply with all applicable rules, regulations and ordinances of the Borough and all applicable rules, regulations and statutes of the State of New Jersey, including regulations governing such lodging uses, as applicable. The 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.
B. 
A dwelling unit shall be limited to a single short-term rental contract at a time.
C. 
The owner shall not install any advertising or identifying mechanisms, such as signage, including lawn signage, identifying the property for rent as a short-term rental.
D. 
Transient occupants of the short-term rental shall comply with all ordinances of the Borough, 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 and the resident property manager, to the issuance of fines and/or penalties, and the possibility of the revocation or suspension of the STRP.
E. 
The owner of a short-term rental 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 names and phone numbers for the resident property manager;
(3) 
The phone numbers for the Borough of Hopatcong Police Department, the Borough of Hopatcong Fire Department, and the Borough of Hopatcong Code Enforcement;
(4) 
The maximum number of parking spaces available on-site;
(5) 
Trash and recycling pickup day, and all applicable rules and regulations regarding trash disposal and recycling; and
(6) 
Notification that a guest, transient occupant, owner or resident property manager may be cited or fined by the Borough of Hopatcong Police Department or Borough of Hopatcong Code Enforcement for violations of and in accordance with any applicable ordinance(s) of the Borough of Hopatcong.
F. 
In the event any complaints are received by the Borough of Hopatcong Police Department or the Borough of Hopatcong Department of the Municipal Housing Liaison regarding the short-term rental and/or the transient occupants in the property, and the owner of the short-term rental is unreachable or unresponsive, the property owner listed in the permit application shall have the responsibility to take any action required to properly resolve such complaints, and shall be authorized by the owner to do so.
G. 
While a short-term rental is rented, the owner or the resident property manager shall be available 24 hours per day, seven days per week for the purpose of responding within two hours to complaints regarding the condition of the premises, maintenance of the premises, operation of the premises, or conduct of the guests at the property, or nuisance complaints from the Borough of Hopatcong Police Department or neighbors, arising by virtue of the short-term rental of the property.
H. 
If the short-term rental is the subject of two or more substantiated civil and/or criminal complaints, the Borough Administrator or his designee may revoke the STRP issued for the property, in which case, the short-term rental may not be the subject of a new STRP application for one year following the date of revocation of the permit.
I. 
Failure to make application for, and to obtain the issuance of, an STRP prior to advertising the short-term rental 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 owner and resident property manager, 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 an STRP, nor shall the property or any portion thereof be subleased by the tenant on a short-term basis, or operated as a short-term rental by the tenant. These STRP regulations shall supersede any conflicting provision in a private lease agreement permitting subleasing of the property, or any portion of the property. Violation of this section will result in enforcement action against the tenant and the owner.
K. 
In the event that the Borough receives three substantiated complaints concerning excessive vehicles belonging to the transient occupants of a short-term rental, the STRP for the property is subject to revocation by the Borough Administrator or his designee.
L. 
The owner must be current with all tax and sewer charges assessed to the property prior to the issuance of an STRP. In the event that any Code violations have been issued by the Borough relating to the short-term rental, an STRP shall not be issued until such time as such violations have been properly abated. The owner must also close any open construction permits for the property prior to the issuance of an STRP.
M. 
All fines or penalties issued by the Municipal Court for the Borough of Hopatcong for any past Code violations relating to the short-term rental, including penalties for failure to appear in Court, must be satisfied in full prior to the issuance of an STRP.
[Amended 11-3-2021 by Ord. No. 27-2021]
A violation of any provision of the within section may subject the owner, transient occupant(s), or the resident property manager to fines assessed by the court up to $2,000 per violation, per day that the violation exists, but not less than $100 per violation, per day that the violation exists.