[HISTORY: Adopted by the Township Council of the Township
of Jefferson 4-6-2022 by Ord. No. 22-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The individuals designated by the owners as the person(s)
authorized by the owner to perform any duty imposed upon the owner
by this chapter. If the owner provides no such designation, the owner
shall be considered the agent or managing agent.
Any building or structure or part thereof used for human
habitation, use of occupancy, and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
The certificate issued by Code Enforcement confirming that
the rental unit has been properly registered and determined appropriate
for occupancy in accordance with the standards set forth in this chapter.
Any building or portion thereof designed or used exclusively
for one or more dwelling units, as delineated below:
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building, either vertically or horizontally, and with an independent means of access.
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, MULTIPLEA building designed for or containing three or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
A person occupying a dwelling unit.
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 closed compartments, laundries, pantries,
foyers or communicating corridors, closets and storage space.
See "occupant standards" below.
A room or group of rooms containing no cooking facilities,
used for living purposes of a separate family or group of persons
living together or by a person living alone within a building.
A person occupying a dwelling unit.
An individual or entity holding title to a property proposed
for short-term rental by way of a legally recorded deed.
The person or persons to whom a rental unit is leased or
rented.
Any apartment, dwelling, building, dwelling unit, habitable
room or lodging unit, as defined by this chapter, which is rented
or offered for rent, for living and dwelling purposes regardless of
the consideration for occupancy, including but not limited to money
paid, services rendered, or accommodation incident to employment.
A rental unit shall not include any property wherein the person(s)
occupying and/or renting the property is related to the owner(s) of
the property. For purposes of this chapter, the term "related to"
shall mean either a grandparent/grandchild, a parent/child, or a sibling
relationship.
A rental of residential accommodations for a term of less
than 30 days, but no shorter than two days.
The number of individuals who may be properly accommodated
in the beds and other sleeping facilities located within any rental
unit.
A.
All rental units must be registered with, and receive a certificate
of occupancy from Code Enforcement in accordance with the provisions
of this chapter. No rental units may be leased, rented, or occupied,
or advertised for such purposes, without having been so registered
and certified for occupancy.
B.
The registration shall be documented and the certificate of occupancy
issued on forms promulgated by and available from Code Enforcement.
C.
Each registration and certificate of occupancy shall be issued a
specific numeric designation. This numeric designation must appear
prominently in any advertisement for the rental of the subject unit.
Failure to do so constitutes a violation of this chapter.
D.
Any lease which has been executed prior to the effective date of
this chapter shall not be affected, but the rental unit must nevertheless
be registered, inspected and certified as prescribed herein. No rental
unit may be rented, leased, or occupied unless the rental unit is
registered and certified in accordance with this chapter.
A.
This chapter shall be effective immediately at which point Code Enforcement
may begin accepting initial registrations, conducting inspections,
and issuing certificates of occupancy for existing rental units.
B.
For seasonal/short-term rentals, initial registrations and certifications
shall be effective for a one-year term commencing retroactively on
January 1 and expiring on December 31 unless there is an intervening
change of ownership, in which case reregistration and recertification
in accordance with the provisions of this chapter are required. Reinspection
and recertification are not required for changes in occupancy of seasonal/short-term
rentals.
C.
Registrations and certificates of occupancy issued thereafter shall
be effective for a one-year term, commencing on January 1 of the year
of issuance, unless there is an intervening change of occupancy or
ownership, as applicable, in which case reregistration and recertification
in accordance with the provisions of this chapter are required.
A.
Season/short-term rentals shall be inspected and certified annually
on or before April 30, or in the event of a change of ownership, but
are not required for changes in occupancy.
B.
The inspection shall occur prior to occupancy in which a certificate
of occupancy is sought pursuant to this chapter.
C.
The rental unit's septic requirements must be reviewed so that the
number of people sleeping in the rental unit does not exceed the amount
on file with the Township.
D.
A sketch should be provided showing the location of adequate parking
per unit as well as storage for garbage and recycling.
E.
Inspections shall include both a physical inspection and a search
of Township records to confirm whether the subject property is in
compliance with all applicable health (septic/well), safety, building,
construction, zoning, fire, safety, and property maintenance codes.
Officials from other Township agencies shall, as needed, coordinate
with and assist Code Enforcement in carrying out these inspections.
F.
Should the inspection fail to result in a satisfactory determination,
a certificate of occupancy shall be denied, and the property shall
not be leased, rented, or occupied by any tenant until the deficiencies
have been rectified and the property and rental unit have been brought
into compliance with all applicable codes. In the event that the property
is occupied when deficiencies are discovered, all corrections must
be made within 30 days unless safety considerations require immediate
correction. If not made within that time period, the owner shall be
deemed in violation of this chapter, and every day that the violation
continues shall constitute a separate offense.
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Township of Jefferson
which is not registered and certified for occupancy in accordance
with this chapter.
All properties registered and certified for occupancy hereunder
must be fully insured for rental purposes. Policies must remain valid
and in full force and effect throughout the term of the certificate
of occupancy.
[Amended 10-18-2023 by Ord. No. 23-18]
A.
Every owner shall file with Code Enforcement a registration form
or other forms developed by the Township for each rental unit contained
within a building or structure, which shall include the following
information:
(1)
The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same persons, shall be provided. In the case of a partnership,
the names and addresses of all general partners shall be provided,
together with the telephone numbers for each individual partner, indicating
where such individual may be reached both during day and evening hours,
which telephone numbers shall include cell phone numbers. If the record
owner is a corporation, the name and address of the registered agent
and corporate officers of said corporation shall be provided, together
with the telephone number for each such individual, indicating where
such individual may be reached both during day and evening hours,
which shall include providing the cell phone numbers of each such
individual. A twenty-four-hour contact number will be required. All
registration addresses shall be physical addresses; post office boxes
alone are insufficient.
(2)
If the address of the owner of record is not located in the County
of Morris, the name, address and telephone number of a person who
resides in the County of Morris who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the owner of record.
(3)
The name, address and telephone number of the managing agent of the
premises, if any.
(4)
The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
(5)
The name, address and telephone number and cellular telephone number
of an individual representative of the owner of record or managing
agent who may be reached or contacted at any time in the event of
an emergency affecting the premises or any unit of dwelling space
therein, including such emergencies as the failure of any essential
service or system, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith.
(6)
The name and address of every holder of a recorded mortgage on the
premises.
(7)
As to each rental unit, a 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 number and location within the
apartment or dwelling and by the square footage thereof.
(8)
Name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise permit occupancy of the subject
premises.
(9)
Such other information as may be prescribed by the Township on the
appropriate form or otherwise by ordinance or resolution.
B.
In addition to the preceding information, the owner shall furnish
the Township with proof that the property is properly insured as required
by this chapter and that all policies are current.
Code Enforcement and the Township's Clerk office shall index
and file registration forms. In doing so, Code Enforcement shall follow
the mandates of N.J.S.A. 46:8-28.1, as amended and supplemented, so
that the filing of the registration 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 registration requirements of this chapter.
Registrations must be amended within 20 days of any change in
the information furnished in accordance with this chapter. No fees
shall be charged for amended registrations except for changes in ownership.
Rental units registered and certified for occupancy pursuant
to this chapter are subject to the maximum occupancy limits set forth
in this subsection, which may be adjusted downward based on acceptable
means of egress. The occupancy limit as computed pursuant to this
subsection shall be documented on the certificate of occupancy.
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 maximum occupancy area requirements of Table 1 as well as the
designated approved septic plan on file with the Township.
|
Table 1
Minimum Occupancy Area Requirements
| |||
|---|---|---|---|
|
Space
|
Minimum Occupancy Area in Square Feet
| ||
|
1 to 2 Occupants
|
3 to 5 Occupants
|
6 or More
| |
|
Living Room
|
No requirements
|
120
|
150
|
|
Dining Room
|
No requirements
|
80
|
100
|
|
Kitchen
|
50
|
50
|
60
|
|
Bedrooms
|
70
|
70
|
70
|
C.
Combined living room and dining room spaces shall comply with the
requirements of Table 1 if the total area is equal to that required
for separate rooms and if the space is so located that it functions
as a combination living room/dining room.
D.
Decks/porches: The maximum allowable occupancy on any deck shall
be one person per nine square feet.
E.
Landlords may request occupancy limits lower than the maximums computed
pursuant to this subsection, in which case the limit requested, if
deemed acceptable, will govern and be documented upon the certificate
of occupancy.
F.
Rentals of subterranean space are permitted only to the extent that
acceptable means of egress are available, the occupancy limitations
imposed under this subsection are satisfied, and the subterranean
occupancy does not violate another federal, state, or local code.
A.
It shall be unlawful and a violation of this chapter for an owner,
lessor, or tenant of any registered and certified dwelling to lease
or sublease to a number of people greater than the permitted occupancy
limit computed in accordance with the preceding section.
B.
It shall also be a violation of this chapter for the owner, lessor,
or tenant to lease or sublease a dwelling unit to a number or group
of tenants which exceeds the total number of sleeping accommodations
documented in the certificate of occupancy.
C.
It shall also be unlawful for an owner, lessor, or tenant to allow
a number of people greater than the maximum number of people permitted
to occupy the decks or porches of a dwelling unit.
No rental unit may be registered and no certificate of occupancy
shall be issued for any property containing a rental unit unless all
municipal taxes, water and sewer charges and other municipal assessments
are current.
All units, including the maintenance thereof and the conduct thereon, shall at all times be in full compliance with all applicable state, federal and local rules, regulations, statutes, ordinances and other governing authority, including but not limited to the Township of Jefferson Code Chapter 313 (Littering; Handbills), Chapter 321 (Noise), Chapter 326 (Nuisances, Public Health) and Chapter 367 (Property Maintenance) (collectively, "Law").
The Code Enforcer, the Construction Official, the Zoning Officer,
the Fire Official and the police department are hereby authorized
to separately or jointly, as circumstances warrant, enforce this chapter.
Any person or entity violating this chapter is subject to a
maximum fine of $2,000 and/or 90 days in jail. The penalty imposed
herein shall be in addition to any and all other remedies that may
accrue under any other law.
