[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.
A.
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.
B.
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.
A.
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.
B.
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.
