[Adopted 3-9-2023 by Ord. No. 2023-05]
[1]
Editor's Note: Former Art. II, Seasonal Property, was repealed
3-9-2023 by Ord. No. 2023-05.
The purpose of this article is to address the presence of short-term
rentals of residential dwelling units in established residential neighborhoods,
which can create negative compatibility impacts and nuisance violations.
It is in the public interest that short-term rental uses be regulated
in order to help preserve housing for long-term tenants and to minimize
any potential deleterious effects of short-term rental properties
on other properties in the surrounding neighborhoods in which they
are located. There is substantial interest in furthering the public
health, safety and welfare by protecting the residential character
of areas designate for residential uses and enforcing minimum life
safety standards.
The following terms shall have the meanings indicated below when used in this article, in addition to any applicable terms defined in Article I herein:
A condition that creates a substantial risk of injury to
life and/or property.
The owner of the property who resides in the short-term rental
property, or in the principal residential unit with which the short-term
rental property is associated on the same lot, and identifies same
as his or her principal residence as that term is defined in this
article. For purposes of this article, if the owner of the property
is an entity other than an individual or individuals, then at least
one principal or member of the owner entity must reside in the short-term
rental property, or in the principal residential unit with which the
short-term rental property is associated on the same lot, and identify
same as his or her principal residence as that term is defined in
this article.
The address: (1) where at least one of the property owners
spends the majority of his or her nonworking time and has established
the property as his or her primary residence as evidenced by the owner's
obvious, clear activity and presence at the property on a regular
basis; and (2) which is identified as the address on his or her driver's
license or state identification card as being his or her legal address.
All the above requirements must be met in order for an address to
constitute a principal residence for purposes of this article.
A parcel of real property located within the boundaries of
the Township of Little Egg Harbor, Ocean County, New Jersey.
The short-term rental property owner or a person (property
manager) designated by the owner to be called upon and be responsible
at all times during the period of a short-term rental and to answer
for the maintenance of the property, or the conduct and acts of occupants
of the short-term rental property.
Occupancy by someone other than the unit's owner or
permanent resident for a period of 28 or fewer consecutive days, which
dwelling unit is regularly used and kept open as such for the lodging
of guests for compensation, and which is advertised or held out to
the public as a place regularly rented to transient occupants as defined
in this article.
A residential property that is used and/or advertised for
rent as a short-term rental for transient occupants as guests for
compensation.
Any New Jersey-licensed real estate agent or other person
designated and charged by the owner of a short-term rental property,
with the responsibility for making the short-term rental application
to the Township. Such person shall be available for and responsive
to contact on behalf of the owner at all times.
Any person or a guest or invitee of such person, who, in
exchange for compensation, occupies or is in actual or apparent control
or possession of residential property, which is either: (1) registered
as a short-term rental property, or (2) satisfies the definition of
a short-term rental property, as such term is defined in this article.
It shall be a rebuttable presumption that any person who holds themselves
out as being an occupant or guest of an occupant of the short-term
rental is a transient occupant.
A.
It shall be unlawful for any owner of any property within the geographic
bounds of the Township of Little Egg Harbor Township, Ocean County,
New Jersey, to rent, operate, or advertise a short-term rental in
a manner that is contrary to the procedures and regulations established
in this article or applicable state law.
B.
Short-term rentals shall only be permitted to be conducted in the
following classifications of property in the Township of Little Egg
Harbor Township:
(1)
Dwelling units located in a condominium association, homeowners'
association, or cooperative association, where the association's
bylaws, master deed, or other relevant governing document permits
short-term rentals and where the owner of the unit legally identifies
an address within the association as his or her principal residence;
and
(2)
Individually or collectively owner-occupied single-family residences.
(3)
Properties with legal two-family dwelling units, if one unit is owner-occupied.
C.
Short-term rentals shall not be permitted in any dwelling in which
rent is set by HUD or by a state agency.
D.
Short-term rentals as herein defined shall not be permitted to operate
in any of the following: hotel, motel, studio hotel, boardinghouse,
dormitory, public or private club, convalescent home, rest home, home
for aged people, adult family care homes, assisted living facilities,
community residences for developmentally disabled persons, community
shelters for victims of domestic violence, senior housing, nursing
homes, halfway house, transitional housing facility, or other similar
facility operated for the care, treatment, or reintegration into society
of individuals, any housing owned or controlled by an educational
institution and used exclusively to house students, faculty or other
employees with or without their families; any housing operated or
used exclusively for religious, charitable or educational purposes;
or any housing owned by a governmental agency and used to house its
employees or for governmental purposes. These occupancies shall be
regulated pursuant to any applicable federal, state, county and/or
other local law and regulations regarding the above.
E.
The person offering a dwelling unit for short-term rental use must
be the owner of the dwelling unit.
(1)
A tenant of a property may not apply for a short-term rental permit,
nor shall the property or any portion thereof be subleased by the
tenant on a short-term basis, or operated as a STRP by the tenant
except as provided below.
(2)
This STRP regulation shall supersede any conflicting provision in
a private lease agreement permitting subleasing of the property, or
any portion of the property.
(3)
Violation of this article will result in enforcement action against
the tenant, the STRP owner, the short-term rental agent, and the responsible
party, and will subject all such parties to the issuance of a summons
and levying of fines and/or penalties.
A.
In addition to any other applicable requirements in the Township
Code, the owner of a short-term rental property shall obtain a short-term
rental permit from the Township Zoning Officer, before renting or
advertising for rent any short-term rental.
B.
The following minimum requirements must be met for consideration
of an application for a short-term rental permit:
(1)
No dangerous condition exists or has existed within the last 365
days at the property which is the subject of the application for the
short-term rental permit.
(2)
No violations of the Township Code, including, but not limited to, nuisance provisions of Chapter 134, "Animals," Chapter 242, "Noise," Chapter 274, "Property Pending Foreclosure, Registration of," Chapter 326, "Vehicular Sound Reproduction" and Chapter 358, "Nuisances, Public Health," have been issued within the last two years prior to the date of the application regarding conditions at the property for which the application is made for the short-term rental permit. A violation shall be defined as a "notice of violation/summons" as issued by the Code Enforcement Officer and/or Law Enforcement Officer which has been docketed in Superior Court or Municipal Court of proper jurisdiction.
(3)
Any violations have been issued by the Township more than two years
prior to the date of the application must have either been adjudicated
or dismissed in the court of proper jurisdiction as of the date of
the application and the violation properly abated. Any violations
or summonses dismissed by the court due to failure to appear by the
property owner or responsible party shall result in a rejection of
the application for the short-term rental permit.
(4)
No open building or construction permits at the property.
(5)
All Township taxes, water, and sewer charges must be current and
no municipal liens have been placed upon the property.
C.
No person or entity shall operate a STRP, or advertise a residential
property for use as a STRP, without the owner of the property first
having obtained a STR permit issued by the Township Zoning Officer.
(1)
The failure to obtain a valid STR permit prior to using or advertising
the STRP in any print, digital, or internet advertisement or web-based
platform, and/or in the multiple listing service (hereinafter "MLS")
or any realtor's property listing shall be a violation of this
chapter.
(2)
No STR permit issued under this article may be transferred or assigned
or used by any person or entity, other than the owner to whom it is
issued, or at any property location or dwelling unit other than the
property for which it is issued.
D.
The application must be accompanied by a nonrefundable fee of $100.
E.
The STR permit if granted, shall be valid for a period of one year
from the date of issuance.
F.
A short-term rental permit shall be renewed on an annual basis, based
upon the anniversary of the original permit issuance, by submitting
to the Zoning Officer, a short-term rental permit application, and
a renewal registration nonrefundable fee of $100.
G.
The short-term rental permit shall immediately terminate upon change
in ownership of the property and a new initial application and registration
fee will be required.
H.
Any property for which a STR permit was issued and subsequently revoked
or suspended shall not be eligible to apply for a new STR permit until
one year after the date of the suspension.
A.
The application for a short-term rental permit shall be submitted
to the Township Zoning Officer, on the appropriate Township form with
the applicable fee. The application must include the following:
(1)
The name, address, telephone number and email address of the owner(s)
of the property for which a permit is sought.
(a)
If such owner is not a natural person, the application must
include and identify the names of all members, shareholders, partners,
officers and/or directors of any such entity, and the personal contact
information, including street address, email address and telephone
numbers for said persons.
(2)
The physical address of the proposed STR.
(3)
A copy of the driver's license or state identification card of the owner(s) of the short-term rental property. If § 279-15A(1)(a) above applies, a copy of the responsible party's driver's license or state identification card.
(4)
Certification by the owner(s) that the proposed STR property is a
principal residence of the owner(s).
(5)
Certification that the owner(s) are in compliance with all requirements
for a STR as delineated in this article.
(6)
Copies of two utility bills from the STRP that are less than 30 days
old.
(7)
The owner(s)' sworn acknowledgement that he/she has received
a copy of this article, has reviewed it, understands its requirements,
and certifies as to the accuracy of all information provided in the
permit application.
(8)
Acknowledgment that any short-term renters shall be limited to one
vehicle per two occupants in the STRP.
(9)
Owner(s) agreement that all transient occupants will not disrupt
the neighborhood and will not interfere with the rights of neighboring
property owners to the quiet enjoyment of their properties, and an
understanding that any violations may be issued against both transient
occupants and owners.
(11)
Any other information that this chapter requires an owner to
provide to the Township in connection with an application for a certificate
of occupancy. The Township Zoning Officer shall have the authority
to obtain additional information from the STRP owner/applicant or
amend the permit application to require additional information, as
necessary, to achieve the objectives of this chapter.
B.
Every initial application for a short-term rental permit shall require
documentation indicating that the property has been inspected for
compliance with the Township's fire safety regulations and Property
Maintenance Code within the past six months. Thereafter, upon renewal,
the applicant must present documentation that the property has been
inspected for compliance with the Township's fire safety regulations
and Property Maintenance Code within the past three years.
C.
A zoning compliance certificate, which states that the premises are
not being occupied or used in violation of the Township's Land
Development Ordinances, shall be required.
D.
The STRP owner/permit holder shall publish the short-term rental
permit number issued by the Township in every print, digital, or internet
advertisement, and/or in the MLS or other real estate listing of a
real estate agent licensed by the New Jersey Real Estate Commission,
in which the STRP is advertised for rent on a short-term basis.
E.
In no event shall a STRP be rented to anyone younger than 21 years
of age. The primary occupant of all short-term rentals executing the
agreement between the owner and the occupant must be over the age
of 21, and must be the party who will actually occupy the property
during the term of the short-term rental. The primary occupant may
have guests under the age of 21 who will share and occupy the property
with them. Both the primary occupant executing the short-term rental
agreement and the STRP owner shall be responsible for compliance with
this provision, and shall both be liable for a violation, where the
STRP is not occupied by at least one adult over the age of 21 during
the term of the STR. No one under 18 years of age shall be permitted
on the premises of a STRP unless they are accompanied by their legal
guardian.
A.
Once an application is submitted, complete with all required information
and documentation and fees, the Township Zoning Officer shall perform
an inspection of the short-term rental unit for a certificate of occupancy
within 30 days of the submission of the application. Upon satisfactory
completion of said inspection, the Zoning Officer shall either issue
the certificate of occupancy and short-term rental permit or issue
a written denial of the permit application, with the reasons for such
denial being stated therein within 30 days.
B.
If denied, the applicant shall have 10 business days to appeal the
denial, in writing, to the Township Administrator.
C.
Within 30 days thereafter, the Township Administrator or his/her
designee shall hear and decide the appeal. The decision of the Township
Administrator or his/her designee shall be final.
A.
The STRP owner shall ensure that the STR is used in a manner that
complies with all applicable laws, rules and regulations pertaining
to the use and occupancy of a STR.
B.
No advertising or identifying mechanisms, such as signage, including
lawn signage, shall be placed on the property identifying it as for
rent as a STRP.
C.
While a STRP is rented, the owner(s) or the responsible party shall
be available 24 hours per day, seven days per week for the purpose
of responding within two hours to complaints regarding the condition
of the STRP premises, maintenance of the STRP premises, operation
of the STRP, or conduct of the guests at the STRP, or nuisance complaints
from the Police Department, or neighbors, arising by virtue of the
short-term rental of the property.
D.
If the STRP is the subject of three or more substantiated complaints,
the Township Zoning Officer shall revoke the short-term rental permit
issued for the STRP, in which case, the STRP may not be the subject
of a new STRP permit application for one year following the date of
revocation of the permit.
(1)
The Township Administrator or his/her designee shall retain the discretion
to revoke a short-term rental permit in the event of a single substantiated
complaint if, in his/her sole discretion, the interests of the Township
and its residents justify immediate revocation.
(2)
In the event that an STRP is the subject of a civil and/or criminal
complaint and/or code violation that involves a dangerous condition,
the Township Zoning Officer or the Township Administrator or his/her
designee may, at their sole discretion, suspend the STRP's short-term
rental permit.
E.
Any revocation or suspension of the STR permit shall be noticed,
in writing, to the STR owner(s) within 30 days of said revocation
or suspension, with the reasons for such revocation or suspension
delineated therein within 30 days.
(1)
The STR owner shall have 10 business days to appeal the revocation
or suspension, in writing, to the Township Administrator.
(2)
The Township Administrator or his/her designee shall hear the appeal
within 30 days of receipt of the appeal. The decision of the Township
Administrator or his/her designee shall be final.
F.
Failure to make application for, and to obtain the issuance of, a
short-term rental permit prior to advertising the STRP in print publications
or newspapers, on any internet-based booking platforms, or online,
and/or in the MLS or other real estate listing of a real estate agent
licensed by the New Jersey Real Estate Commission, shall be equivalent
to operation of the STRP without a permit.
G.
Operation of the STR at the property without a permit shall constitute
a violation of this Code, subject to issuance of notice of violation,
summons and appropriate enforcement action against the property owner(s).
A.
Any violation of any provision of this chapter may subject the STRP
owner, transient occupant(s), the short-term property rental agent,
and the responsible party or their agents to fines assessed by the
Court up to $1,250 per violation, but not less than $100 per violation
per day that the violation exists.
B.
Failure to comply with the requirements for submitting a certificate
of insurance evidencing minimum liability insurance as required under
P.L. 2022, c. 92,[1] may subject the owner as defined in this article, to a
summary proceeding pursuant to N.J.S.A. 2A:58-10 et seq. whereby the
Township may collect a fine of not less than $500, but no more than
$5,000, against an owner failing to comply with the law.
[1]
Editor's Note: See N.J.S.A. 40A:10A-1 et seq.
