Except as set forth herein, any term contained
in this chapter shall be defined in accordance with the definitions
contained in N.J.S.A. 55:13B-1 et seq., and the regulations promulgated
thereunder at N.J.A.C. 5:27-1.1 et seq.
APPLICANT
The owner, operator, person or entity that files the application
for a license under this chapter.
OPERATOR
Any person, including for the purposes of this chapter any
corporation or association of persons, and any agency or instrumentality
of state or local government, which operates or proposes to operate
a rooming or boarding house.
OWNER
The holder of title in fee simple to premises, and any lessor
or sublessor who is or proposes to be an operator.
ROOMING or BOARDINGHOUSE or LODGING HOUSE
A dwelling having one kitchen and used for the purpose of
providing lodging, or both meals and lodging, for pay or compensation
of any kind, whether computed by day, week or month, to persons occupying
such dwellings, other than to members of the owner's family or
where one apartment is used by the owner or operator and the rest
of the building is used as a rooming or boardinghouse. A rooming or
boardinghouse licensed pursuant to N.J.S.A. 55:13B-1 et seq.
[Amended 6-13-2016 by Ord. No. 2016-18]
[Amended 6-13-2016 by Ord. No. 2016-18]
No rooming or boardinghouse shall hereafter be located or operated in the Township unless the owner and the operator have complied with the terms and conditions of this chapter, N.J.S.A. 55:13B-1 et seq., and the regulations promulgated thereunder at N.J.A.C. 5:27-1.1 et seq. and shall have previously been approved for that purpose. Nothing in this article shall permit the establishment of a new multifamily dwelling in any zone, except where permitted by Chapter
149, Article
III, Zoning; or the conversion of a single-family dwelling to a multifamily dwelling in any zone nor the continuation of such nonconforming use in any zone.
The Licensing Authority may refuse to issue
a license unless the applicant has established to the satisfaction
of the Licensing Authority the following matters:
A. With respect to the premises for which a license is
sought:
(1) That they are in compliance with all applicable building,
housing, health and safety codes and regulations;
(2) That the location of the premises, in conjunction
with the proximity of other rooming and boarding houses, will not
lead to an excessive concentration of such facilities in the Township,
or a particular section thereof;
B. With respect to the owner or owners of the premises:
(1) If a natural person or persons, that (s)he or they
are 21 years of age or older, citizens of the United States and residents
of the State of New Jersey, and never convicted, in this state or
elsewhere, of a crime involving moral turpitude, or of any crime under
any law of this state licensing or regulating a rooming or boarding
house, and have never had a license required pursuant to N.J.S.A.
55:13B-1 et seq. revoked;
(2) If a corporation, that all officers and members of
the board of directors, and every stockholder holding 10% or more
of the stock of the corporation, directly or indirectly having a beneficial
interest therein, have the name qualifications as set forth in this
subsection for an applicant who is a natural person;
C. With respect to the owner and proposed operator, that
they meet the requirements for licensing by the Department of Community
Affairs; and
D. That the owner and operator, either individually or
jointly, have established sufficient guarantee of the financial and
other responsibility to insure appropriate relocation of the residents
of the rooming or boarding house to suitable facilities in the event
that the license is subsequently revoked or its renewal denied. The
Department of Community Affairs shall determine, in the case of each
type of rooming or boarding house under its jurisdiction, what constitutes
suitable facilities for this purpose. The guarantee required pursuant
to this subsection shall be determined based upon the number of roomers
or boarders that are permitted to occupy the premises.
In conducting its investigation pursuant to §
220-5 above, the Licensing Authority shall hold a public hearing at which the applicant, the operator or the proposed operator and all other parties in interest, including members of the general public, shall be entitled to be heard upon the merits of the application and the suitability of the premises for licensing. The time and place of the public hearing shall be determined within 30 days or receipt of the application and shall be communicated to the applicant in sufficient time to enable compliance with the publication and notice requirements set forth in §
220-4 above.
Upon determination by the Licensing Authority
to refuse the granting or renewal of a license, or to revoke a license,
the licensee affected shall be entitled to appeal to the Commissioner
of Community Affairs for a review of that determination; and the Commissioner
shall have authority to reverse the Licensing Authority's determination
if (s)he concludes that the application was improperly denied or the
revocation improperly imposed. Such review by the Commissioner shall
be in conformity with the provisions of the Administrative Procedure
Act, N.J.S.A. 52:14B-1 et seq. The decision of the Commissioner in
such cases shall be subject to appeal to the Appellate Division of
the Superior Court. If an applicant for license renewal has made timely
and sufficient application for a renewal in accordance with the provisions
of this chapter and the rules pursuant thereto, his/her license shall
not expire until any appeals under this section have been finally
determined and disposed of.