This section shall be known and may be cited as "an Ordinance Prohibiting Short-Term Rentals and Commercial Amenity Rental Platforms in Residential Zones."
[HISTORY: Adopted by the Township Council of the Township of Eastampton 8-18-2025 by Ord. No. 2025-3. Amendments noted where applicable.]
This section is adopted pursuant to the authority granted to municipalities by the Municipal Land Use Law, N.J.S.A. 40:55D-62 (power to zone) and N.J.S.A. 40:55D-65 (contents of zoning ordinance) and pursuant to the police power granted to municipalities to protect the health, safety, and welfare of its residents.
A.
Eastampton Township ("Township") is charged with protecting the character, safety, health and welfare of its residential neighborhoods; and
B.
The short-term rental of dwelling units (30 days or less) and the unauthorized commercial rental of private amenities via digital or "app-based" platforms have resulted in increased traffic, parking pressures, noise, nuisance, safety and liability concerns in single-family and other residential zones; and
C.
Short-term dwelling rentals reduce the permanent housing stock and destabilize neighborhoods by introducing transient occupancy without community ties; and
D.
Commercial amenity rentals pose similar risks: inadequate owner supervision, inconsistent insurance coverage, and lack of regulatory oversight; and
E.
The Township may regulate accessory and principal uses to protect neighborhoods, as affirmed in Colts Run Civic Ass'n v. Colts Neck Twp., 315 N.J. Super. 240, and in cases upholding reasonable restrictions on short-term rentals.
As used in this chapter, the following terms shall have the meanings indicated:
Means private outdoor or indoor facilities or features located on Residential Property, including but not limited to swimming pools, hot tubs, gazebos, tennis courts, basketball courts, lawn or garden areas, patios, deck areas, balconies, playground equipment, fitness rooms, and similar appurtenances.
Means any digital, online, internet-based or mobile application, service, website or intermediary that advertises, lists, brokers, facilitates or processes rentals of amenities for monetary or other consideration.
Means the transaction or arrangement whereby amenities on residential property are made available to individuals or the general public on a short-term basis (fewer than 30 consecutive days) in exchange for payment, fee, membership, subscription, credit, or other compensation.
Means any building or portion thereof, designed or used for human habitation, including a single-family detached dwelling, two-family dwelling, townhouse, condominium unit, multifamily apartment or similar residence.
Means any digital, online, internet-based or mobile application, service, website or intermediary that advertises, lists, brokers, facilitates or processes short-term rentals of dwelling units for compensation.
Means any payment, booking, scheduling or contractual arrangement for commercial amenity rental or short-term rental conducted, facilitated or processed through an amenity rental platform or home-sharing platform.
Means any lot or parcel of land within a zoning district where dwelling units are permitted as a principal use.
Means any rental, lease, or license of a dwelling unit for transient occupancy, for a period of 30 days or less, in exchange for compensation.
Means occupancy of a dwelling unit for fewer than 30 consecutive days, whether or not for compensation.
A.
Short-term rentals of dwelling units.
(1)
It shall be unlawful for any owner, occupant or other person to offer, advertise, broker or facilitate a short-term rental of any dwelling unit in a residential property.
(2)
It shall be unlawful to post, list, display or distribute any advertisement for short-term rentals of dwelling units via digital, internet, social media, print or other channels.
B.
Commercial amenity rentals.
(1)
It shall be unlawful for any owner, occupant or other person to offer, advertise, broker or facilitate a commercial amenity rental of any amenities on a residential property via an amenity rental platform or home-sharing platform.
(2)
It shall be unlawful to post, list, display or distribute any advertisement for commercial amenity rentals of amenities on residential property, regardless of transaction volume or duration.
C.
Specific examples of prohibited activities include, but are not limited to:
(1)
Listing or renting a private swimming pool, hot tub or spa;
(2)
Listing or renting a gazebo, pergola or similar structure;
(3)
Listing or renting a tennis court, basketball court or other sports facility;
(4)
Listing or renting a lawn, garden, yard or landscaped area for gatherings or events;
(5)
Listing or renting a patio, deck, balcony or rooftop terrace;
(6)
Listing or renting any detached or attached dwelling unit, apartment, room or portion thereof, for fewer than 30 consecutive days.
The prohibitions of § 400-5 shall not apply to:
A.
Traditional long-term leases or rentals of dwelling units for periods of 30 days or more, in compliance with all applicable Township ordinances and state law.
B.
Non-commercial arrangements among family members, personal acquaintances or informal social groups where no payment, fee or compensation of any kind is exchanged.
C.
Permitted commercial uses and accessory uses in non-residential zoning districts, including community or recreation centers, hotels, motels, inns, bed-and-breakfast establishments, clubs, and similar uses authorized under the Township's zoning ordinance.
D.
Uses lawfully licensed and regulated under any other Township ordinance or state statute, provided such use is located in a district where it is expressly permitted.
A.
Enforcement authority. The Eastampton Township Code Enforcement Department and designated officers shall enforce this ordinance.
B.
Separate violations. Each violation of this ordinance shall constitute a separate offense. Each day a violation continues shall constitute an additional and distinct violation.
C.
Civil penalties. A violator shall be subject to a civil penalty for each violation in an amount not less than $500 nor more than $2,000, or imprisonment in the county jail for a period not to exceed 90 days or by a period of community service not exceeding 90 days, or any combination thereof as determined by the Court.
D.
Cease and desist orders. The Township may issue a written cease and desist order requiring immediate cessation of any prohibited activity. Failure to comply within 10 days shall subject the violator to additional penalties and injunctive relief.
E.
Platform notification. Upon issuance of a final civil penalty or cease and desist order, the Township may notify the relevant amenity rental platform or home-sharing platform of the violation, and demand removal of the listing or advertisement.
F.
Cumulative remedies. The remedies provided herein are cumulative and in addition to any other remedies at law or in equity, including injunctive relief.
If any clause, section, subsection, paragraph, sentence or provision of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall apply only to the clause, section, subsection, paragraph, sentence or provision so adjudged, and the remainder of this chapter shall remain in full force and effect.
This chapter shall take effect 20 days after final adoption and publication as required by law.