[Adopted 5-10-2007 by Ord. No. 2007-08]
The following words or phrases when used in
this article shall have the following meanings:
An individual or individuals designated by the owner as the
person(s) authorized by the owner to perform any duty imposed upon
the owner by this article. The terms does not necessarily mean a licensed
real estate broker or salesman of the State of New Jersey as those
terms are defined by N.J.S.A. 45:15-3; however, such term may include
a licensed real estate broker or salesman of the State of New Jersey
if such a person designated by the owner as his agent is so licensed.
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms for dwelling purposes which occupy all or part
of a floor or floors in a building of one or more floors or stories,
but not the entire building, whether designated with or without housekeeping
facilities and notwithstanding whether the apartment is designated
for residential use or the operation of any industry or business or
any other type of independent use.
Any building or structure or part thereof used for human
habitation, use or occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoined therewith.
A property, building or unit within a building that is used
for business purposes including but not limited to office units or
buildings, retail units or buildings, warehouses, industrial buildings
and special purpose buildings.
[Added 9-9-2021 by Ord. No. 2021-19]
Any room or rooms, suite or a part thereof, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes by one or more persons,
including but not limited to the owner thereof or any other servants,
agents or employees. This definition applies only to those dwelling
units, including single-family residences, which are available for
lease or rental purposes.
A room or enclosed floor space within a dwelling unit used
or designed to be used for living, sleeping, cooking or eating purposes,
excluding bathrooms, water closet compartments, laundries, pantries,
foyers or communicating corridors, closets and storage spaces.
A room or group of rooms containing no cooking facilities,
used for living purposes by a separate family or group of persons
living together or by a person living alone, within a building.
See the definition of “agent or manager.”
The person who owns, purports to own or exercises control
over any building.
An individual, firm, corporation, partnership, association,
trust or other legal entity or any combination thereof.
Includes the term "commercial property," "apartment," "dwelling," "building," dwelling unit," "habitable room" or "lodging unit" as defined by this chapter and used for rental, lease or hire for a period of 29 or more consecutive days at a time. Rentals, leases or hires of such rental units for a period of 28 consecutive days or any lesser period of time may be considered "short term rentals" and must comply with the requirements of Chapter 279, Article II, Short-term Rentals, herein. This definition shall not apply to any single-family home which is not available for rental purposes.
[Amended 9-9-2021 by Ord. No. 2021-19; 3-9-2023 by Ord. No. 2023-05]
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within a rental
unit. A standard single bed shall count as a proper accommodation
for one individual, and a standard double bed as a proper accommodation
for two individuals.[1]
The person or persons to whom a rental unit is leased or
rented by the owner.
[1]
Editor's Note: The former definition of "summer lease/rental,"
which immediately followed, was repealed 3-9-2023 by Ord. No. 2023-05.
Without in any way intending to infringe upon
the requirements of N.J.S.A. 46:8-28, all rental units shall obtain
a rental mercantile license as provided herein. Every owner, either
personally or through his agent, shall obtain from the Code Enforcement
Officer or his designee as said license for any rental unit located
within the Township of Little Egg Harbor. Said license form shall
include the following information:
A.
The name and address of the record owner(s) of the
premises and the record owner(s) of the rental business, if not the
same person(s). In the case of a partnership, the names and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals, indicating where such individuals
may be reached both during the day and evening hours.
B.
If the record owner is a corporation, the name and
address of the registered agent and the name and address of the person
to be contacted for any reason regarding the rental unit, if other
than the registered agent.
C.
If the address of any record owner is not located
in the Township of Little Egg Harbor, the owner shall designate an
agent or manager who resides in the Township of Little Egg Harbor
and who is authorized by the owner to perform any duty imposed upon
the owner by this article.
D.
The name, address and telephone number of an individual
representative of the record owner or manager or agent located in
the Township of Little Egg Harbor who may be reached or contacted
at any time in the event of an emergency affecting the premises or
any rental unit therein, including such emergencies as the failure
of any essential services or system, and who has the authority to
make emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith.
E.
The name and address of every holder of a recorded
mortgage on the premises.
F.
If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name and address of the fuel
oil dealer servicing the building and the grade of fuel oil used.
G.
Description of building:
[Added 9-9-2021 by Ord. No. 2021-19]
(1)
As
to each residential rental unit, specification of the exact number
of sleeping rooms contained in the rental unit and the exact number
of sleeping accommodations contained in each of the sleeping rooms,
identifying each sleeping room specifically by the number and location
within the rental unit and by the square footage thereof.
(2)
As
to each commercial rental unit, the specification of the square footage
of space dedicated to the commercial use and the number of commercial
units in a building.
(3)
In
order to satisfy the requirements of this provision, an owner shall
submit a floor plan which shall become a part of the registration
application and which shall be attached to the registration form when
filed with the Code Enforcement Officer or his designee.
H.
The fee for the rental mercantile license shall be $50 for each premises,
which shall be submitted with the completed license form and a certificate
of insurance evidencing the minimum liability insurance requirement
pursuant to P.L. 2022, c. 92.[1]
[Added 6-14-2018 by Ord.
No. 2018-11; amended 3-9-2023 by Ord. No. 2023-05]
[1]
Editor's Note: See N.J.S.A. 40A:10A-1 et seq.
I.
Rental mercantile licenses shall expire each year on December 31.
Each license shall be required to submit a renewal application prior
to such expiration each year.
[Added 6-14-2018 by Ord.
No. 2018-11]
[Amended 6-14-2018 by Ord. No. 2018-11]
The Zoning Officer or his designee shall index and file the
license form and make it reasonably available for public inspection.
In doing so, the Zoning Officer or his designee shall follow the mandates
of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing
of the license form will simultaneously satisfy the registration requirements
of N.J.S.A. 46:8-28, to the extent that it applies to the property
being registered and will also satisfy the license requirements of
this article. The Zoning Officer or his designee shall maintain a
master index of all such forms, and any person may obtain a list of
all properly licensed rental units upon payment of the appropriate
fees as listed on the ordinance fee schedule.
Every person required to file a mercantile license
form pursuant to this article shall file an amended rental registration
form within 20 days after any change in the information required to
be included thereon.
Every owner shall provide each occupant or tenant
occupying a rental unit with a copy of the form required by this article.
This particular provision shall not apply to any hotel, motel or guest
house registered with the State of New Jersey pursuant to the Hotel
and Motel Multiple Dwelling Law as defined in N.J.S.A. 55:13A-3. This
provision may be complied with by posting a copy of the form in a
conspicuous place within the rental unit(s).
Each owner of a unit registered pursuant to
this article shall be permitted to lease or rent said rental unit
to a number of registered tenants, which number shall not exceed the
number which has been computed in accordance with the following:
A.
Every room occupied for sleeping purposes by one occupant
shall contain at least 70 square feet of floor area, and every room
occupied for sleeping purposes by more than one person shall contain
at least 50 square feet of floor area for each occupant thereof.
B.
Rental units shall not be occupied by more occupants
than permitted by the minimum occupancy area requirements as set forth
in this article. If there is a discrepancy regarding the number of
occupants permitted pursuant to this article, the most restrictive
requirement shall govern.
C.
Combined living room and dining room spaces shall
comply with the requirements of this article.
D.
The maximum allowable number of people on any deck
shall be one person per nine square feet.
A.
It shall be unlawful and in violation of this article
for an owner or a tenant of any registered rental unit to allow a
number of people greater than the permitted maximum number of occupants
to rent or occupy any dwelling unit. It shall also be a violation
of this article for the owner to lease a rental unit to a number or
group of tenants which exceeds the total number of sleeping accommodations
which has been established for said rental unit pursuant to this article.
It shall also be unlawful for any tenant or any owner of a dwelling
unit to knowingly permit a number of people greater than the maximum
number of sleeping accommodations to sleep in or occupy the dwelling
unit overnight. It shall also be unlawful for a tenant or an owner
to allow a number of people greater than the maximum number of people
permitted to occupy the decks or porches of a rental unit to occupy
the decks or porches of said rental unit.
B.
The police officers of the Little Egg Harbor Police
Department and the officials of the Little Egg Harbor Code Enforcement
Office are authorized to issue a summons for a violation of this article
to any owner or tenant that is found to be in violation of this article.
No rental unit shall be issued a rental mercantile
license unless all municipal taxes, water charges, sewer charges and
other municipal assessments are paid on a current basis.
A.
Every owner or agent shall obtain from the Township
of Little Egg Harbor a certificate of inspection and occupancy for
each rental unit which is within the boundaries of the Township of
Little Egg Harbor and is rented or leased for a period of 29 or more
consecutive days or more prior to occupancy of same.
[Amended 3-9-2023 by Ord. No. 2023-05]
B.
Every owner or agent of a rental unit shall obtain
from the Township of Little Egg Harbor an initial certificate of inspection
and occupancy for each rental unit required to obtain the same pursuant
to this article. For each new rental which commences after the passage
of this article, every owner or agent of a rental unit which requires
a certificate of inspection and occupancy shall obtain said certificate
of inspection and occupancy from the Township of Little Egg Harbor
at any time as required by this article, including but not limited
to any time a change in one or more tenants occurs or any time the
premises is rented or leased for a period of 29 or more consecutive
days. Any gap of period of time between rentals of the same rental
unit, which is with the same tenant or corporate entity of the tenant,
shall be considered a continuation of a rental and count towards the
total consecutive days for purposes of this article.
[Amended 3-9-2023 by Ord. No. 2023-05]
C.
Certificates of inspection and occupancy shall be
obtained by making applications to the Zoning Officer of the Township
of Little Egg Harbor or his designee.
[Amended 3-9-2023 by Ord. No. 2023-05]
D.
Once an application for a certificate of inspection
and occupancy has been made to the Township of Little Egg Harbor,
the appropriate officials shall conduct an inspection of the rental
unit to determine if the same complies with all applicable ordinances,
codes, regulations and statutes. If the determination is made that
a rental unit is in compliance with all ordinances, codes, regulations
and statutes and it is further determined that a current and valid
rental mercantile license exists for said rental unit and the appropriate
fee has been paid for a certificate of inspection and occupancy, said
certificate of inspection and occupancy will be issued by the appropriate
officials of the Township of Little Egg Harbor.
[Amended 3-9-2023 by Ord. No. 2023-05]
In addition to the penalties of N.J.S.A. 46:8-35,
any person who violates any provision of this article shall, upon
conviction in the Municipal Court of the Township of Little Egg Harbor
or such other court having jurisdiction, be liable for a fine not
exceeding $1,250 or imprisonment for a term not exceeding 90 days
or by a period of community service not exceeding 90 days, or by any
one or more of the above. Each day that a violation occurs shall be
deemed a separate and distinct violation subject to the penalty provisions
of this article. The penalties provisions contained in this article
will automatically be deemed altered and amended in conjunction with
any amendments to N.J.S.A. 40:49-5. 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 chapter, 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.
