A.
Purpose. The provisions of this section are intended to license and regulate residential short- term rental units within the Township to protect the health, safety, morals and general welfare of residents by limiting potential deleterious effects from such rentals. Short-term rentals of less than 30 days are permitted as accessory uses in certain cases and provided they are in compliance with the standards set forth below.
B. OWNER OWNER-OCCUPIED PRINCIPAL RESIDENCE SHORT-TERM RENTAL UNIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
The individual or individuals or entity holding title to a property.
The owner of the property resides on the property or in the principal dwelling unit on the property and identifies same as their principal residence. Should the owner of the property or dwelling unit be an entity, then at least one member of the entity with at least a 50% interest in ownership must reside on the property or in the principal dwelling unit on the property and identify it as their principal residence.
A dwelling occupied by the mortgagor or owner in fee simple or by a lessor leasing for a term of not less than six months, maintained as his or her permanent residence and within which they reside the majority of the calendar year. The term "principal residence" shall not include a home utilized as an investment property or a vacation home.
Any dwelling unit or portion of an owner-occupied dwelling unit or secondary dwelling unit or units offered to the public by any means for rent and occupancy for a period of less than 30 days. Short-term rentals shall not include legally existing hotels, motels or rooming houses and bed and breakfasts.
C.
D.
Requirements. Short-term rental units shall be permitted accessory uses within the Township of Franklin subject to the following requirements:
(1)
The short-term rental unit shall be located in the Township's residential zoning districts.
(2)
The unit is located within a legally existing residential structure.
(3)
The owner of a short-term rental unit within the Township shall obtain a short-term rental permit from the Township Clerk prior to offering the short-term rental unit for occupancy.
E.
Application process for short-term rental units.
(1)
Applicants for a short-term rental unit permits shall submit, on an annual basis, an application for a short-term rental unit permit to the Township Clerk, who shall, with the assistance of other Township departments as necessary, review and either approve or deny said permit. Any application for a short-term rental permit shall be submitted on the application form provided by the Township Clerk and be accompanied by a nonrefundable $500 application fee.
(2)
Prior to approval of a short-term rental unit permit application, a certificate of occupancy shall be required. Said certificate of occupancy shall include confirmation of compliance with all fire safety regulations, building code requirements and property maintenance codes.
(3)
At the time a short-term rental unit permit application is submitted to the Township Clerk, the owner shall also provide:
(a)
Proof of current ownership of the property that is subject of the short-term rental unit permit application.
(b)
Proof that all property taxes due are current.
(c)
Proof of general liability insurance with minimum coverage of $1,000,000 and $2,000,000 umbrella. Said coverage shall indemnify, save, protect and hold harmless the Township of Franklin and its agents from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action and losses. The declarations pages shall be submitted, together with the Township's business insurance registration form.
(d)
Plans identifying the room or rooms to be made available for rent should the rental not comprise the entire dwelling.
(e)
Completed landlord registration statement, including lead-safe certification.
(4)
Any short-term rental unit permit issued by the Township shall be valid for a period of one year from the date of issuance and shall be renewed on an annual basis by submission of a new short-term rental unit permit application and $500 application/registration fee. Any short-term rental unit permit issued shall automatically expire one year from the date of issuance if not renewed and cannot be transferred to any subsequent owner upon transfer of title.
F.
Short-term rental unit operations requirements.
(1)
All short-term rental units within the Township shall comply with all applicable rules, regulations and statutes of the Township and State of New Jersey, including regulations governing such lodging uses, as applicable.
(2)
Occupancy shall be limited to bedrooms within a short-term rental unit and is limited to no more than two persons per bedroom. Occupancy of rooms other than bedrooms is prohibited.
(3)
No signage identifying the short-term rental unit is permitted.
(4)
All occupants of short-term rental units shall comply with all ordinances of the Township, including, but not limited to, ordinances regulating noise and nuisances. All owners of short-term rental units shall ensure compliance with all ordinances or face possible revocation of the short-term rental unit permit.
(5)
The owner of the short-term rental unit shall post, at eye level on the inside surface of the front door of the short-term rental, the following information:
G.
Violations and penalties.
(1)
The provisions of this section shall be enforced by the Township Zoning Officer, Township Clerk or other designee of the Township Committee.
(2)
Any person found in violation of this section shall be liable for a minimum civil penalty, upon adjudicated violation or admission, in the amount of $100 per day, not to exceed a maximum of $2,000 for each violation.
(3)
All fines and/or penalties issued for violation of this section shall be due and payable to the Township within 30 calendar days, and the Township after 30 days may pursue any and all remedies available by law to recover unpaid fines and penalties.
(4)
If the short-term rental is the subject of one or more substantiated criminal complaints, the Township may revoke the short-term rental permit.