[HISTORY: Adopted by the Township Council of the Township of Galloway as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-1993 by Ord. No. 1104]
In all residential dwelling units other than rental rooming units which are otherwise regulated by state statute, there shall be a minimum usable floor area for the initial occupant of 150 square feet and 100 square feet additional space for each additional occupant; provided, however, that children under the age of two shall not be considered additional occupants.
In every residential dwelling unit, other than a rental rooming unit otherwise regulated by state statute, every room occupied or intended to be occupied for sleeping purposes by one occupant shall have a minimum usable floor area of 70 square feet, and every room occupied or intended to be occupied for sleeping purposes by more than one occupant shall have a usable floor area of at least 50 square feet for each additional such occupant. Children under the age of two shall not be considered as additional occupants.
Kitchens, nonhabitable spaces and interior public areas shall not be used for sleeping purposes. Nonhabitable spaces and interior public areas shall include but not necessarily be limited to living rooms, dining rooms, recreation rooms, dens, great rooms and any other interior areas other than bedrooms.
No residential dwelling or residential dwelling unit other than a rental rooming unit which has otherwise been regulated by state statute shall be rented or offered for rent which does not have floor areas equal to or in excess of the above maximum occupancy requirements.
Notwithstanding any of the minimum floor area requirements above, any unit designated as a "Mount Laurel unit" or any unit built under the low and moderate provisions of the Council on Affordable Housing (COAH) shall be permitted two persons to a bedroom, provided that no bedroom is smaller than 110 square feet.
Notwithstanding any of the minimum floor area requirements above, any governing documents of a homeowners' association, which is registered with the New Jersey Department of Community Affairs, which provide for a greater occupancy than permitted by this article shall continue, provided that any future amendments to the governing documents shall not permit any greater occupancy than now exists.
This article shall not apply to any residential dwelling unit which is tenant occupied only for the remaining term on any oral or written lease in effect on the effective date of this article. Thereafter the provisions of this article shall apply.
It shall be unlawful and in violation of this article for an owner or tenant of any apartment or dwelling unit other than a rooming unit to knowingly permit a number of people greater than the maximum number of occupants as set forth in the above sections.
It shall be unlawful and in violation of this article for any real estate broker, real estate sales person or any other individual to rent an apartment or owned dwelling unit other than a rooming unit in which the lease thereof provides for a number of occupants greater than the maximum number of occupants permitted under this article.
[Amended 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Any person or persons who violate any of the provisions of this article or any rules and regulations adopted pursuant hereto and who is found guilty of a violation hereof shall be punishable by a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days. A separate offense shall be deemed committed on each date during or on which a violation occurs or continues to occur.