[HISTORY: Adopted by the Township Council of the Township
of Vernon 4-13-2020 by Ord. No. 20-09; amended in its entirety 12-13-2021 by Ord. No.
21-33. Amendments noted where applicable.]
This chapter shall be known as the "S\hort-Term Rentals Ordinance
of the Township of Vernon."
A.
Township Council finds and declares that the short-term rental of
residential dwelling units within the Township benefits the local
community by affording owners of such units the ability to garner
additional income from their real property 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 Township, thereby promoting the local travel and tourism industry,
and contributing to the economic vitality of the Township. Notwithstanding
these benefits, the Township 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 chapter are to:
(1)
Balance the rights of the owners of residential dwelling units proposed
for short-term rental use and the Township'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 Township;
(4)
Monitor and provide a reasonable means for the mitigation of impacts
created by such transitory uses of residential properties within the
Township of Vernon;
(5)
Preserve and protect the long-term housing market stock in the Township;
(6)
Implement rationally based and reasonably tailored regulations to
protect the integrity of the Township's residential neighborhoods;
and
(7)
Ensure that the short-term rental property inventory in the Township
satisfies basic property maintenance standards, in order to protect
the safety of occupants and the citizens of the Township.
C.
The Township Council has therefore determined that it shall be unlawful
for any owner of any property within the geographic bounds of the
Township to rent or operate a short-term rental contrary to the procedures
and regulations established in this chapter, or applicable state statute.
The words defined in this section shall mean and include the
following when used in this chapter:
An individual or entity holding title to a short-term rental.
The owner and a person (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 property,
and, in the case of the property manager, to accept service of legal
process on behalf of the owner.
The accessory use of a dwelling unit for occupancy by someone
other than the unit's owner or permanent resident for a period
of 30 or less consecutive days, up to a cumulative total period of
not to exceed 180 consecutive days in a calendar year, which dwelling
unit is advertised or held out to the public as a place regularly
rented to transient occupants.
A residential dwelling unit that is used and/or advertised
for rent as a short-term rental for transient occupants as guests.
Any New Jersey licensed real estate agent or other person
designated and charged by the owner, with the responsibility for making
the short-term rental application to the Township on behalf of the
owner, and fulfilling all of the obligations in connection with completion
of the short-term rental property 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.
The Township of Vernon.
Any person or a guest or invitee, 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 chapter. 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.
A.
It shall be unlawful for any owner of any property within the Township
to rent or operate an STR contrary to the procedures and regulations
established in this chapter or applicable State statute.
B.
STRs shall be permitted in the following properties:
(1)
Condominium units where the condominium association bylaws or master
deed permit a short-term rental;
(2)
Single-family residences;
(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;
(4)
Not more than one unit in any multifamily 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; and
C.
Notwithstanding the provisions of Subsection B(2) above, short-term rentals shall not be permitted in boarding or rooming houses, dormitories, adult family care homes, assisted living facilities, community residences for developmentally disabled persons, community shelters for victims of domestic violence, or nursing homes.
D.
Qualified private communities, HOAs and similar associations may
approve more restrictive rules and regulations, and additional fees
in their bylaws pertaining to short-term rental properties within
their legal boundaries.
A.
The owner/operator of a short-term rental property shall obtain an
STR permit from the Township, before renting or advertising for rent
any STR.
B.
No STR permit issued pursuant to this chapter may be transferred
or assigned.
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 Township Fire Prevention Department, an STR permit application
provided by the Township and a registration fee in the amount of $350.
The registration fee for an STR that is occupied by the STR's
owner shall be $150.
D.
The STR 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, or any agent acting on
behalf of the owner, who intends to rent all of the property, or any
permitted part thereof, shall also make application to the Township
Fire Prevention Department, in conjunction with the STR 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.
An STR permit and rental certificate of occupancy shall be renewed
on an annual basis within 60 days of the anniversary of the issuance
of the original STR permit, by submitting to the Township Fire Prevention
Department an STR permit application and rental certificate of occupancy
application and a renewal registration fee of $350 or $150 if the
STR is occupied by its owner. If an application to renew an STR permit
is not timely filed, a late fee of $100 per day shall be charged in
addition to the renewal application fee.
G.
The STR permit shall expire when the short-term rental property changes
ownership. A new 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 first-time
registration fee shall also be required for any STR that had its STR
permit revoked or suspended.
A.
Applicants for an STR permit shall submit, on an annual basis, an
application for an STR permit to the Township Fire Prevention Department.
B.
The application shall be signed, under oath, on a form specified
by the Township.
C.
Such application shall include:
(1)
The name, address, telephone number and email address of the owner(s)
of the dwelling unit for which an STR permit is sought. If such owner
is not a natural person, the application must include and identify
the names of all owners, members, 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)
The name, address, telephone number and email address of the short-term
rental property agent, which shall constitute his or her seven-day-a-week,
twenty-four-hour contact information;
(4)
The name, address, telephone number and email address of the responsible
party, which shall constitute his or her seven-day-a-week, twenty-four-hour
contact information;
(5)
The owner's sworn acknowledgement that he or she has received
a copy of this chapter has reviewed it, understands its requirements
and certifies, under oath, as to the accuracy of all information provided
in the STR permit application;
(6)
The number and location of all parking spaces available to the STR.
A short-term rental property shall designate one parking space for
every bedroom available for rent;
(7)
A site plan showing all structures on the short-term rental property,
the number and location of parking spaces available to the STR, a
floor plan, which shall also show the garage if the garage is intended
to the be used for STR parking. No parking shall be permitted on lawns
or in the street.
(8)
The STR owner's agreement to use his or her best efforts to
assure that use of the STR will not disrupt the neighborhood, and
will not interfere with the rights of neighboring property owners
to the quiet enjoyment of their properties;
(9)
Any other information that this chapter requires an owner to provide
to the Township in connection with an application for a rental certificate
of occupancy.
D.
Every short-term rental property shall be inspected once a year for
compliance with the Township's fire safety regulations, property
maintenance regulations, building and other code provisions. In addition,
each STR is subject to review to verify the STR's eligibility
for use as an STR.
E.
A sworn statement demonstrating that the short-term rental property
is not being occupied or used in violation of any provision of the
Township Code shall be submitted with an STR permit application.
F.
A sworn statement providing there have been no revocations or suspensions
of an STR permit shall be submitted with the STR permit application.
If an STR permit has been revoked or suspended an STR permit shall
not be issued, which denial may be appealed as provided hereinafter.
G.
Attached to and concurrent with submission of the STR permit application,
the owner shall provide:
(1)
Proof of the owner's current ownership of the short-term rental
property;
(2)
Proof of general liability insurance in a minimum amount of $500,000;
and
(3)
Written certifications from the short-term rental property agent
and responsible party that they agree to perform all of the respective
duties specified in this chapter.
(4)
Water testing responsibilities for private wells. With the initial
permit application and at least once every five years, thereafter,
the owner of any short-term rental, the potable water supply for which
is a private well for which testing of the water is not required pursuant
to any other state law, shall test that water supply in the manner
established pursuant to the Private Well Testing Act for the following
parameters: bacteria (total coliform); nitrates; iron; manganese;
pH; all volatile organic compounds for which maximum contaminant levels
have been established pursuant to P.L. 1977, c. 224 (N.J.S.A. 58:12A-1
et seq.); and lead by a state-certified laboratory. The potable water
test results shall be provided with STR permit application.
H.
The STR permit holder shall publish the STR permit number issued
by the Township in every print, digital, internet advertisement or
any solicitation offering the STR for rent.
I.
In no event shall an STR be rented to anyone younger than 21 years
of age. The party executing the lease or rental agreement for occupancy
of the STR may allow occupants under the age of 21 to stay with him/her
during the rental period of the STR.
J.
An STR can be occupied by two persons per bedroom, with an additional
two persons permitted. For example, a three-bedroom STR can be rented
to no more than eight people.
A.
Once an STR application is submitted, complete with all required
information and documentation and fees, the Fire Prevention Department,
following any necessary investigation for compliance with this chapter,
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 an STR permit is denied, the applicant shall have 10 business
days to appeal in writing to the Township Business Administrator,
by filing the appeal with the Township Administrator's Office.
C.
Within 30 days thereafter, the Township Business Administrator or
his designee shall hear and decide the appeal.
A.
An STR and its occupants must comply with all applicable rules, regulations
and ordinances of the Township, State of New Jersey and United States
of America.
B.
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 property.
C.
Occupants of a short-term rental property shall provide the Township
with their home address, license plate number, year and make of automobile,
copy of drivers' license, telephone number and address of the
short-term rental property that is being occupied.
D.
The owner shall post the following information in a prominent location
within the STR:
(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 responsible party and the short-term
rental property agent (as those terms are defined in this chapter);
(3)
The phone numbers for the Vernon Police Department, the Vernon Fire
Department, and the Township Zoning Department;
(4)
The maximum number of parking spaces available on site;
(5)
Trash and recycling pickup day, all applicable rules and regulations
regarding trash disposal and recycling and a notice that all garbage
and recycling containers must be removed from the street within 24
hours of the scheduled pick-up;
(6)
A copy of the ordinance authorizing this chapter; and
(7)
Notification that an occupant, owner or short-term rental property
agent may be cited or fined by the Township for any violation(s) of
the Township's ordinance(s);
E.
In the event any complaints are received by the Township regarding
the STR or its occupants, and the owner is unreachable or unresponsive,
the responsible party and the short-term rental property agent shall
be authorized to and have the responsibility to take any action to
resolve such complaints.
F.
While a short-term rental property is rented, the owner, the short-term
rental property agent, or responsible party 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 STR or its
occupants.
G.
If the short-term rental property is the subject of two or more substantiated
civil and/or criminal complaints, the Mayor or his designee may revoke
the STR permit issued for the property, in which case, the STR may
not be the subject of an STR permit application for one year following
the date of revocation of the permit.
H.
Failure to make application for, and to obtain the issuance of, an
STR permit before advertising or soliciting occupants for the STR
shall constitute a violation of this Title of the Code.
I.
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 STR permit, nor shall the property or any portion thereof
be sub-leased by the tenant on a short-term basis, or operated as
an STR.
J.
The STR owner must be current with all taxes, fines or any other
amounts owed to the Township prior to the issuance of an STR permit.
In the event that any code violations have been issued by the Township,
such violations must be abated before an STR permit will be issued.
An STR owner must also close any open construction permits prior to
the issuance of an STR permit.
A violation of any provision of the within chapter may subject
the STR owner, transient occupant(s), the STR property agent, or the
responsible party or their agents to fines of between $250 to $500
per violation, per day, that the violation exists and/or the revocation
of any STR permit.
