[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:
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:
An apartment hotel or motel, bed-and-breakfast, motel, inn,
tourist home, tourist house or court, tourist cabin and club;
A boardinghouse or rooming house containing eight or more units;
and
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.
An individual or entity holding title to a property proposed
for short-term rental by way of a legally recorded deed.
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.
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.
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]
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]
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]
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.
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.
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.
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]
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.
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 therein, 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
$300. Said fee shall be nonrefundable, 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, 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 $150. A reinspection fee shall apply
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]
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, voter registration, or state identification
card of the owner and resident property manager, if any, confirming,
as set forth in this section, that the property is the legal principal
residence, as that term is defined herein, of the owner or resident
property manager making application for the STRP;
(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 received a copy
of this section, 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 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;
[Amended 7-19-2023 by Ord. No. 15-2023]
(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.
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.
[Amended 7-19-2023 by Ord. No. 15-2023]
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.
