This chapter shall be known as and may be cited as the "Elsinboro Township Short-Term Rental Ordinance."
[HISTORY: Adopted by the Township Committee of the Township of Elsinboro 12-6-2021 by Ord. No. 2021-08. Amendments noted where applicable.]
A.
The provisions of this chapter shall apply to all residential dwelling units, conversions of nonresidential structures to residential dwellings, and all existing premises within the Township of Elsinboro. The owner of the subject property shall be responsible for compliance with the provisions of this chapter and the failure of an owner, agency, managing agency, local contact person, or renting occupants to comply with the provisions of this chapter shall be deemed noncompliance by the owner.
B.
This chapter shall not apply to a resort, camp/conference center, hotel/motel/inn, bed-and-breakfast, boardinghouse, or group homes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter is not intended to, and does not, excuse any landowner from compliance with the Elsinboro Township Land Use Ordinance, as amended from time to time. Whenever possible, this chapter and the Land Use Ordinance should be construed and interpreted as being consistent and not in conflict. In the event of conflict, the regulations of this chapter shall apply. This chapter is not intended to and does not supersede the declarations of covenants in a planned community where a short-term rental may be located.
For the purposes of this chapter, words and terms used herein shall have the following definitions:
A room or space designed to be used for sleeping purposes with two means of egress (one of which may be a window acceptable under the building code) and in close proximity to a bathroom. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses is not considered a bedroom. Space used or intended for general and informal everyday use, such as a living room, den, and sitting room or similar, is not to be considered a bedroom.
One or more rooms occupied or intended for occupancy as separate living quarters by a single family maintaining a household, the members of which have unrestricted access to all other parts thereof, with cooking, sleeping, and sanitary facilities provided therein for the exclusive use of that single family.
A person or agent with actual authority to represent the owner for purposes of contact and communication regarding the owner's short-term rental. A person in charge must reside or have an office within approximately 15 miles of the short-term rental property and be able to act as legal agent for the owner. Elsinboro Township must be notified, in writing, within 14 days if there is a change in the identity of the person in charge.
Any dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less, and which meets the definition of "hotel" for the purpose of imposing an excise tax by the State of New Jersey.
Permission granted by the Township to utilize a dwelling unit for short-term rental use.
No owner of any property in Elsinboro Township shall operate or allow the operation of a short-term rental in Elsinboro Township without first obtaining a short-term rental permit from the Zoning Officer. Operation of a short-term rental without such short-term rental Permit is a violation of this chapter.
A.
Short-term rental permit applications shall be submitted to the Elsinboro Township Zoning Officer and shall contain all of the following information:
(1)
Contact information.
(a)
The name, address, telephone number, and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number. If the owner uses a managing agency, agent, or local contact person, then that managing agency, agent, or local contact person shall have written authorization to accept service for the owner. If the owner resides at a location over approximately 15 miles from the short-term rental property, an agent or local contact person must be selected to act as the person in charge for the property.
(b)
The name, address and twenty-four-hour telephone number of the managing agency, agent, or local contact person.
(c)
Signatures of both the owner and the local managing agent or local contact person.
(4)
Other certificates/information.
(a)
Septic system evaluation certifying the existing system is functioning as intended and proof the tank was pumped within the past three years for approval by the Department of Health;
(b)
Consent for inspection of the property by the enforcement officer to verify compliance with the conditions of the short-term rental application;
(c)
Copy of the current recorded deed for the property establishing ownership;
(d)
Declaration page of the current insurance policy indicating at least $500,000 liability insurance to cover the commercial use of a short-term rental for the full duration of the permit term;
(e)
Written notice to the owners' association, indicating the intent to make application for and use the subject residential property for a short-term rental; and
(f)
Trespass waiver signed by the owner allowing access to the property for the enforcement officer for the purpose of inspection to verify compliance with this chapter.
B.
Short-term rentals shall be subject to site inspections by the enforcement officer to verify application information and the following requirements:
(1)
Short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the inside of the front door containing the following information:
(a)
The name of the owner of the unit or the managing agency, agent, property manager or local contact authorized, in writing, to accept service for the owner of the unit and a telephone number at which that party can be reached on a twenty-four-hour basis;
(b)
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time;
(c)
The maximum number of all vehicles allowed to be on the property and the requirement that all guest parking must be in the available parking areas on the property and not in or along any private, community or public street right-of-way or on any lawn or vegetated area on the property;
(d)
The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property;
(e)
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Elsinboro Township Code, including parking and occupancy limits; and
(f)
Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the enforcement officer upon request.
(2)
Short-term rentals shall be equipped with the following:
(a)
Smoke detectors in each bedroom;
(b)
Smoke detectors outside each bedroom in common hallways;
(c)
Smoke detectors on each floor;
(d)
Ground fault interrupter (GFI) outlets for outlets located within six feet of water source;
(e)
Aluminum or metal exhaust from dryer;
(f)
Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning stove is used;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(g)
Carbon monoxide detector if garage is attached;
(h)
Fire extinguisher in kitchen and on every floor level;
(i)
Stairs (indoor and outdoor) in good condition (does not include common areas); and
(j)
Any other occupancy requirements which may be added by ordinance revision by the Township Committee.
C.
Submission of the application shall constitute an agreement by the owner to inspection of the on-lot sewage disposal system to verify consistency with the submitted site plan and submitted floor plan as well as on-site inspection to verify available parking spaces and consistency with the submitted site plan.
D.
A short-term rental permit shall be issued only to the owner of the short-term rental property. A separate short-term rental permit is required for each dwelling unit; for two-family or multifamily dwellings, a separate permit shall be required for each dwelling unit being rented as a short-term rental.
E.
A short-term rental permit is effective for a period of one year, or until any of the conditions of the short-term rental which are governed by this chapter are changed, whichever shall first occur. A short-term rental permit must be renewed annually and also when any of the conditions of the short-term rental which are governed by this chapter are changed.
F.
The Township will prescribe forms and procedures for the processing of permit applications under this chapter.
A.
Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom, plus four additional persons.
Number of Bedrooms | Maximum Number of Occupants |
|---|---|
2 | 8 |
3 | 10 |
4 | 12 |
5 | 14 |
B.
The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be 50% of the maximum overnight occupancy of the short-term rental.
C.
The number of bedrooms permitted for a short-term rental shall not exceed the number of bedrooms approved for the dwelling unit on the sewage permit issued for such property. Where there is no sewage permit on record, the short-term rental shall be limited to three bedrooms unless proof is provided to the Zoning Officer that the septic system is adequate to handle additional flows. Any short-term rental advertising more than five bedrooms shall provide proof that the septic system is adequate to handle such flows by having the system approved by the Department of Health, or by providing a septic permit previously issued by the Department of Health. If a sewage system malfunction occurs, short-term rental of the dwelling unit shall be discontinued until the malfunction is corrected in accordance with Health Department and New Jersey Department of Environmental Protection requirements.
D.
Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. In no event shall parking for short-term rental guests include spaces in any public street right-of-way or on any lawns or vegetated areas.
E.
Neither short-term rental occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, challenging to fight, or fighting, or creating a dangerous or physically offensive condition.
F.
The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate Elsinboro Township ordinances or any state law pertaining to noise or disorderly conduct, including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy.
G.
The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or otherwise violated provisions of the Elsinboro Township ordinances or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.
H.
Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located is prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.
I.
Fireworks and floating lanterns are prohibited.
J.
Subleasing all or a portion of the dwelling unit is prohibited.
B.
Any short-term rental permit is valid for a period not to exceed one year from the date of issuance and must be renewed annually. Short-term rental permit renewal fees, payable to Elsinboro Township upon the filing of a short-term rental permit renewal application, shall be in such amount as may be established by Subsection A of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Short-term rental permit renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this chapter.
D.
Short-term rental permit renewal applications shall contain language whereby the owner certifies that the information provided is true and correct.
E.
Verification that all owed hotel and sales taxes have been paid shall be made before permit renewal is granted.
The Elsinboro Township Zoning Officer is hereby appointed as enforcement officer for purposes of enforcement of this chapter. The Zoning Officer shall have the responsibility and authority to administer and enforce all provisions of this chapter.
A.
All short-term rentals shall be subject to inspections by the Zoning Officer to verify all information provided in connection with this chapter.
B.
The issuance of a short-term rental permit is not a guarantee that the premises is lawful, safe, habitable, or in compliance with this chapter.
C.
If there is reason to believe that any provision of this chapter is being violated, the Township Committee may or may cause, through an authorized representative of the Township, entry onto premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located within the Township for ascertaining the existence of violations. In those matters where the nature of an alleged violation is such that an inspection of the interior of a building or structure is necessitated, prior arrangements must be made with the owner or his agent to secure access thereto.
The marketing of a short-term rental in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this chapter, or which promotes any other activity which is prohibited by this chapter, shall be a violation of this chapter.
If it appears to an enforcement officer that a violation of this chapter exists or has occurred, the enforcement officer shall send a written notice of violation to the owner by personal delivery or by both United States first class and certified mail. The enforcement notice shall identify the premises which is the subject of the violation, enumerate the conditions which constitute the violation, cite the specific sections of this chapter which are violated, indicate the action required to correct the violation, and provide a time frame (established by the enforcement officer based upon the nature of the violation) to correct the violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In the interest of promoting the public health, safety, and welfare, and minimizing the burden on Township and community services and impacts on residential neighborhoods posed by short-term rentals, a violation of any of the provisions of this chapter is declared to be a public nuisance.
A.
This chapter shall be enforced by action brought before municipal court in the same manner provided for the enforcement of summary offenses under the Land Use Ordinance. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not less than $100 nor more than $1,000 per violation, plus all court costs and reasonable attorney fees incurred by Elsinboro Township in the enforcement proceedings, and/or be imprisoned to the extent allowed by law for the punishment of summary offenses. Each day or portion thereof that a violation exists or continues shall constitute a separate violation. Further, the appropriate officers or agents of Elsinboro Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter. All fines, penalties, costs and reasonable attorney fees collected for the violation of this chapter shall be paid to Elsinboro Township for its general use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
In addition to any other authorizing powers outlined herein, the enforcement officer may either revoke, or deny an application to renew, a short-term rental permit for three uncured or repeated violations of this chapter in any rolling twelve-month period from the date of the first violation. The revocation or denial to renew a short-term rental permit shall continue for six months for the first set of three uncured or repeated violations and continue for one year for any subsequent sets of violations.
If the premises is owned by more than one owner, each owner shall severally be subject to prosecution for a violation of this chapter.
A.
Appeals of a determination of the Zoning Officer under this chapter to deny any application for or to renew a short-term rental permit, or to revoke a short-term rental permit, shall be filed with the Township Committee within 30 days of the date of the denial of application or revocation of permit.
B.
All appeals shall be in writing and signed by the appellant on forms prescribed by the Township and shall be accompanied by a fee of $50.
C.
Each appeal shall fully set forth the determination appealed from, a detailed reason or basis for the appeal, and the relief sought. Every appeal shall refer to the specific circumstances of the case.
D.
Written notice shall be given to the appellant, the Zoning Officer, and to any person who has made timely request for same, but not less than 15 days prior to the hearing. The hearing shall be held within 60 days from the date the appeal is filed, unless the appellant has agreed, in writing, to an extension of time.
E.
The hearing shall be conducted by the Township Committee. The decision or, where no decision is called for, the findings shall be in writing by the Township Committee within 45 days after the conclusion of the hearing, unless the appellant has agreed, in writing, to an extension of time, and shall be communicated to the appellant and any other parties who have entered their written appearance and requested a copy of the decision at the addresses provided by them either by personal delivery or by United States first class mail, postage prepaid.
F.
The Mayor shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by parties. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. Formal rules of evidence shall not apply but irrelevant, immaterial or unduly repetitious evidence may be excluded.
G.
The Township Committee may, but is not required to, make a stenographic record of the proceedings. In the event a stenographic record of the proceedings is not provided by the Township Committee, a stenographic record shall be made and kept at the request of any party agreeing to pay the costs thereof. Any party or other person desiring a copy of the stenographic record shall order the copy directly from the stenographer who prepared the same and shall pay the cost imposed by the stenographer for the copy directly to the stenographer.
H.
The Township Committee shall not:
(1)
Communicate, directly or indirectly, with any party or any party's representatives in connection with any issue involved except upon notice and opportunity for all parties to participate;
(2)
Take notice of any communication, reports, staff memoranda, or other materials, except advice from its solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and
(3)
Inspect the site or its surroundings after the commencement of hearings with any party or any party's representative unless all parties are given opportunity to be present.
If any section, provision, or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter so long as it remains legally enforceable minus the invalid portion. The Township reserves the right to amend this chapter or any portion thereof from time to time as it shall deem advisable in the best interest of the promotion of the purposes and intent of this chapter and the effective administration thereof.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
This chapter shall become effective five days after enactment.