The following terms shall have the meanings indicated below:
DWELLING UNIT or UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
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 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 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 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 as that term is defined in
this section.
PRINCIPAL RESIDENCE
A.
The address:
(1)
Where at the 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 license or state identification
card as being his or her legal address.
B.
All the above requirements must be met for an address to constitute
a principal residence for the purposes of this section.
PROPERTY
A parcel of real property located within the boundaries of
the Borough of Red Bank, Monmouth County, New Jersey.
RESPONSIBLE PARTY
Both the short-term rental property 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 short-term rental property, and, in the case of the property
manager, to accept service of legal process on behalf of the owner
of the short-term rental property. The responsible party must be a
New Jersey resident for the acceptance of legal process and to provide
the periodic site inspection required under this chapter.
SHORT-TERM RENTAL (also referenced as "STR")
The accessory use of a dwelling unit as defined in this section
for occupancy by someone other than the unit's owner or permanent
resident for a period of 28 or fewer consecutive days, 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 defined in this section.
SHORT-TERM RENTAL PROPERTY (also referenced as "STRP")
A residential dwelling unit, or room within a residential
dwelling unit, 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 occupant for more
than 28 continuous days, licensed bed-and-breakfast establishments,
licensed rooming or boarding houses, hotels and motels shall not be
considered 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 short-term rental property permit application
process on behalf of the owner. Such persons shall be available for,
and responsive to contact on behalf of, the owner, at all times.
TRANSIENT OCCUPANT
A.
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.
B.
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.
Any ordinances or parts thereof inconsistent herewith shall
be amended and supplemented to conform to the provisions contained
herein.
If any part of this chapter is declared unconstitutional or
illegal by any court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
This chapter shall take effect upon final passage and publication
in accordance with the laws of the State of New Jersey, following
the required twenty-day period after adoption, as set forth in N.J.S.A.
40:69A-181(b).