The Mayor and Borough Council hereby find and adopt, as if set forth more fully herein, the fact assertions of the "Whereas" clauses of this chapter, as their findings of fact.[1]
WHEREAS, the New Jersey Legislature has, pursuant to N.J.S.A. 40:52-1(d) and (n), specifically authorized municipal corporations, including the Borough of Bellmawr ("Borough") to regulate "furnished and unfurnished rented housing or living units and all other places and buildings used for sleeping and lodging purposes and the occupancy thereof" and the "rental of real property for a term of less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere"; and
WHEREAS, in recent years, there has arisen a proliferation of interest and other media advertising often on websites dedicated to the rental of dwelling units for short terms and for a period of less than 30 days ("Short-Term Rental"); and
WHEREAS, the Borough's experience, as well as common experiences, dictates the conclusion that short-term rentals frequently result in public nuisance, noise complaints, sanitation issues, overcrowding and illegal parking within the residential neighborhoods of the Borough, and essentially convert residential dwelling units into illegal de facto hotels, swim clubs, motels, boarding houses and other commercial enterprises in violation of the Borough's Zoning and other codes as well as state statutes; and
WHEREAS, the Borough wishes to deter the cyber-social phenomenon of any owner renting his/her residential dwelling unit(s) on various websites as well as the listing of short-term rental(s) by website businesses, of any dwelling unit(s), that constitutes an illegal business operating in violation of the Borough's Zoning Code and other public nuisance ordinances; and
WHEREAS, the Borough additionally wishes to prevent overcrowding which can result when the Borough's occupancy limits are exceeded; and
WHEREAS, problems also frequently associated with such short-term rental(s) can result when the Borough's overcrowding, excessive noise, unruly behavior, obscene language, fighting, littering, parking of vehicles on lawns, public urination, sanitation issues, poor maintenance of the property and grounds, and violation of trash collection ordinances;
[1]
Editor's Note: Said clauses are as follows: