[Adopted 7-25-2023 by Ord. No. 5775]
As used in this article, the following terms shall have the meanings indicated:
AMENITIES
The lease or rental, for any purpose and for any period of time, of any amenity, feature, or accessory that is appurtenant to a dwelling or residential structure, including but not limited to swimming pools, pool cabanas, hot tubs, decks, patios, yards and the like.
[Added 10-22-2024 by Ord. No. 5833]
OWNER-OCCUPIED
The owner of the property who resides in the short-term rental property, or in the principal residential unit with which the short-term rental property is associated on the same lot, and identifies same as his or her principal residence. 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 short-term rental property, or in the principal residential unit with which the short-term rental property is associated on the same lot, and identify same as his or her principal residence.
PRINCIPAL RESIDENCE
The address: 1) where at least one of the property owners spends the majority of his or her non-working time not less than 150 days in a calendar year; 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 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 a principal residence for purposes of this section.
SHORT-TERM RENTAL
A dwelling unit where transient lodging is provided for compensation for stays of between one and 30 consecutive nights, and where the dwelling unit would normally be considered a residential living unit not associated with regulated commercial activities such as a hotel, motel or bed-and-breakfast.
A. 
Short-term rentals shall only be permitted in zoning districts wherein they are permitted as accessory uses, and in the following classifications of property:
(1) 
Dwelling units located in a condominium association, homeowners association, or cooperative association, where the association's bylaws, master deed, or other relevant governing document permits short-term rentals and where the owner of the unit legally identifies an address within the association as his or her principal residence;
(2) 
Individually or collectively owner-occupied single-family residences;
(3) 
Legally approved and permitted accessory dwelling units where the property owner resides in the primary residence; and
(4) 
Individually or collectively owned two-family residential dwellings, where both units are under common ownership and one unit is owner-occupied.
B. 
Short-term rentals shall not be permitted in nonhabitable basements, attics, or cellars.
C. 
Short-term rentals shall not be permitted on illegally nonconforming properties. Properties must either 1) comply with existing zoning, 2) have been granted variances for their noncompliance, or 3) demonstrate preexisting nonconforming conditions as certified by the Zoning Board in accordance with N.J.S.A. 40:55D-68.
D. 
Short-term rentals shall not be permitted in multifamily dwellings in which rent is set by HUD, a State agency, or an agreement with the owner/developer.
E. 
The following shall not be permitted to operate as short-term rentals: hotel, motel, rooming house, dormitory, convalescent home, assisted living facilities, community residences for developmentally disabled persons, community shelters for victims of domestic violence, senior housing, nursing homes, housing owned or controlled by an educational institution to house students or faculty, or housing operated or used exclusively for religious, charitable or educational purposes.
F. 
Ownership.
(1) 
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 a short-term rental permit.
(2) 
Short-term rentals must be owner occupied as defined above.
G. 
Amenities shall not be permitted for lease or rental at any time.
[Added 10-22-2024 by Ord. No. 5833]
A. 
The owner/operator of a short-term rental property shall obtain a short-term rental license from the Zoning Officer of Union Township, or his/her designee, before renting or advertising for rent any short-term rental.
B. 
The application for a short-term rental permit must meet the following initial requirements to be considered:
(1) 
A short-term rental license application provided by the Township.
(2) 
An initial registration fee of $500. Said fee shall be non refundable, including in the event that the application is denied.
(3) 
Proof of the owner's current ownership of the short-term rental unit.
(4) 
Proof of general liability insurance in a minimum amount of $500,000.
(5) 
Every initial application for a short-term rental permit shall require documentation indicating that the property has been inspected for compliance with the Township's fire code and Property Maintenance Code within the past six months. Thereafter, upon renewal, the applicant must present documentation that the property has been inspected for compliance with the Township's Fire Code and Property Maintenance Code within the past three years.
(6) 
Proof of all city taxes and water paid to date.
C. 
If, at the time of the adoption of this article, a currently operating short-term rental that is not eligible for a short-term rental permit under this chapter has an existing contract with a transient occupant to use the short-term rental for some period of time before October 1, 2023, the requirements of this article shall not apply to the preexisting contract. During the unpermitted operation of a short-term rental pursuant to this subsection, the owner or owner's agent must, upon request by the Zoning Officer or his/her designee, provide documentation indicating that: 1) The short-term rental was in operation before the adoption of this article; and 2) The short-term rental contract was made before the adoption of this article. If the requested documentation is not provided within 20 days of the request, it shall constitute a violation of this article.
A. 
Once an application is submitted, complete with all required information, documentation, and fees, the Zoning Officer or his/her designee, following any necessary investigation for compliance with this section, shall either issue the short-term rental license or issue a written denial of the permit application, with the reasons for such denial being stated therein within 30 days, provided access to the short-term rental is provided by the owner or owner's agent.
B. 
The short-term rental license if granted, shall be valid for a period of one year from the date of issuance.
C. 
Notice of the approval or denial will be mailed to the applicant and adjoining property owners. An aggrieved party may appeal a decision granting or denying an administrative permit to the Zoning Board of Adjustment within 20 days of the decision in accordance with N.J.S.A. 40:55D-72. The ZBA may affirm, reverse or modify the decision appealed.
D. 
Within 30 days thereafter, the Zoning Board of Adjustment shall hear and decide the appeal.
E. 
A short-term rental license shall be renewed on an annual basis, based upon the anniversary of the original permit issuance, by submitting to the Zoning Officer a short-term rental license application and a renewal registration fee of $250.
F. 
A short-term rental license shall expire automatically when the property changes ownership, and a new initial application and 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 shall also be required for any short-term rental that had its short-term rental license lapse for more than three months, revoked, or suspended.
A. 
A dwelling unit shall be limited to one short-term rental contract at a time.
B. 
Short-term rentals are permitted for a maximum of 15 separate rentals per year or a maximum of 90 nights per year, whichever occurs first.
C. 
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, email address and phone number for the principal;
(2) 
The maximum number of parking spaces available for short-term rental;
(3) 
Trash and recycling pick-up day, and all applicable rules and regulations regarding trash disposal and recycling;
(4) 
A copy of the municipal nuisance ordinance Chapter 735;
(5) 
Notification that a guest or short-term rental owner may be cited or fined by the Township for violations of any applicable ordinance(s) of the Township.
D. 
The following must be in place at all times within the rental:
(1) 
Working smoke/CO detectors must be installed in areas defined by the Township's adopted code.
(2) 
A functional fire extinguisher shall be visibly installed in any kitchen area.
E. 
During the entire contract period that a short-term rental is rented, the owner 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 premises, or nuisance complaints arising by virtue of the short-term rental of the property.
F. 
Advertising.
(1) 
The owner of a short-term rental shall not install any advertising or identifying mechanisms, such as signage identifying the property for rent as a short-term rental.
(2) 
The short-term rental owner shall publish the short-term rental license number issued by the Township in every print, digital, or internet advertisement, and/or in MLS or other real estate listing.
G. 
The short-term rental owner shall maintain an up-to-date log of all transient occupants, including the occupants' names and dates of commencement and expiration of each short-term rental period. This log shall be available for inspection by the City's Zoning Officer and the Police Department in case of emergency.
H. 
In no event shall a short-term rental be rented to anyone younger than 21 years of age. The primary occupant of all short-term rentals 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 term of the short-term rental. The primary occupant may have guests under the age of 21 who will share and occupy the property with them.
I. 
Transient occupants shall comply with all ordinances of the Township including, but not limited to, those ordinances regulating noise and nuisance conduct. Failure of transient occupants to comply shall subject the transient occupants and owner to the issuance of fines and/or penalties, and the possibility of the revocation or suspension of the short-term rental license.
A. 
Unlicensed rentals.
(1) 
Advertising without a license. Failure to make application for, and to obtain the issuance of, a short-term rental license prior to advertising the rental shall be equivalent to operation of the short-term rental without a license, and shall constitute a violation of this Code, and will result in enforcement action and the issuance of a summons, and shall subject the property owner to issuance of fines and/or penalties as described below.
(2) 
Renting without a license. Using a dwelling unit for short-term rental without a license, or after a previous license has expired or was revoked, will subject the property owner to fines and penalties outlined in below.
B. 
Revocation of license.
(1) 
If the STRP is the subject of three or more substantiated complaints, the Zoning Officer or his/her designee or the Business Administrator or his/her designee shall revoke the short-term rental license issued.
(2) 
If revoked, the short-term rental will be ineligible for a new permit for one year following the date of revocation of the permit.
(3) 
The Zoning Officer or his/her designee or the Business Administrator or his/her designee shall retain the discretion to revoke a short-term rental license in the event of a single substantiated complaint if, in his/her sole discretion, the interests of the Township and its residents justify immediate revocation.
(4) 
In the event that a short-term rental is the subject of a civil and/or criminal complaint and/or code violation that involves a condition that creates a substantial risk of injury to life or property, the Zoning Officer or his/her designee or the Business Administrator or his/her designee may, at their sole discretion, suspend the short-term rental license pending substantiation.
(5) 
In the event that the Township receives two substantiated complaints concerning excessive vehicles belonging to the transient occupants of a short-term rental, the short-term rental license for the property is subject to revocation by the Zoning Officer or his/her designee or the Business Administrator or his/her designee.
(6) 
Upon the revocation or suspension of a license, the Zoning Officer or his/her designee or the Office of the Business Administrator shall issue a written notice of revocation or suspension, as applicable, of the short-term rental permit with the reasons for such revocation or suspension being stated therein within 10 days.
(7) 
Appeals of license revocation and suspension are subject to the jurisdiction of the Business Administrator. An applicant shall have 10 business days to appeal the revocation or suspension, in writing, to the Office of the Business Administrator.
(8) 
Within 30 days thereafter, the Business Administrator or his/her designee shall hear and decide the appeal.
C. 
Penalties.
(1) 
Approvals may be revoked for failure to comply with this article or with any conditions of approval imposed as part of the license approval.
(2) 
The first violation of a requirement will result in a warning; the second in a civil penalty of as described in Subsection C(3) and (4) below; and the third in a revocation of the approval. If a revocation occurs, the owner may not apply for reinstatement for a period of one year.
(3) 
Any person violating or failing to comply with any provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $2,000, by imprisonment not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge.
(4) 
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.