[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 7-26-2021 by Ord.
No. 2021-06.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 chapter. The term does not necessarily mean a licensed
real estate broker or salesperson 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 salesperson 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 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 herewith.
Any establishment required to obtain a mercantile license pursuant to Chapter 165 of the Township Code.
Any room or rooms, suite or a part thereof, whether furnished
or unfurnished, which is occupied or intended, arranged or designated
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 designated 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 "apartment" or "dwelling," "building,"
"dwelling unit," "habitable room" or "lodging unit" as defined by
this chapter. This definition shall not apply to any single-family
home which is not available for rental purposes.
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.
The person or persons to whom a rental unit is leased or
rented by the owner.
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units, commercial property and/or
residential, shall obtain a rental certificate of occupancy as provided
herein. Every owner, either personally or through his agent, shall
obtain from the Zoning Officer or his designee a rental certificate
of occupancy form for any rental unit located within the Township
of Eagleswood as herein defined. Said 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 address 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 Eagleswood, the owner shall designate an agent or manager who resides
in the Township of Eagleswood and who is authorized by the owner to
perform any duty imposed upon the owner by this chapter.
D.
The name, address and telephone number of an individual representative
of the record owner or manager or agent located in the Township of
Eagleswood who may be reached or contacted at any time in the event
of an emergency affecting the premises or any rental unit there, 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.
As to each rental unit, specification of the exact number of sleeping
rooms contained in the rental unit and the exact of sleeping accommodations
contained in each of the sleeping rooms, identifying each sleeping
room specifically by the number of locations within the rental unit
and by the square footage thereof. 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 Zoning Officer or his
designee.
H.
The fee for the rental certificate of occupancy shall be $50 for
each premises, which shall be submitted with the completed application
form. The fee for each reinspection shall be $35.
The Zoning Officer or his designee shall index and file the
rental certificate of occupancy 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, to the extent that
it applies to the property being registered and will also satisfy
the requirements of this chapter. 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 issued rental certificates of occupancy.
Every person required to obtain a rental certificate of occupancy
shall amend the 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 chapter. 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 chapter 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 chapter.
If there is a discrepancy regarding the number of occupants permitted
pursuant to this chapter, the most restrictive requirement shall govern.
C.
Combined living room and dining room spaces shall comply with the
requirements of this chapter.
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 chapter for an owner
or a tenant of any 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 chapter 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 chapter. 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 Township of Eagleswood Zoning Officer is authorized to issue
a summons for a violation of this chapter to any owner or tenant that
is found to be in violation of this chapter.
No rental unit shall be issued a rental certificate of occupancy
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 Eagleswood
a rental certificate of occupancy for each rental unit as required
herein.
B.
Every owner or agent of a rental unit shall obtain from the Township
of Eagleswood an initial certificate of inspection and occupancy for
each rental unit required to obtain the same pursuant to this chapter.
For each new rental which commences after the passage of this chapter,
every owner or agent of a rental unit which requires a certificate
of inspection and occupancy shall obtain said rental certificate of
occupancy from the Township of Eagleswood at any time as required
by this chapter, 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 31 days or more.
C.
Rental certificate of occupancy shall be obtained by making applications
to the Zoning Officer of the Township of Eagleswood or his designee.
D.
Once an application for a rental certificate of occupancy has been
made to the Township of Eagleswood, 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 rental certificate of occupancy and the appropriate
fee has been paid for a rental certificate of occupancy, said rental
certificate of occupancy will be issued by the appropriate officials
of the Township of Eagleswood.
In addition to the penalties of N.J.S.A. 46:8-35, any person
who violates any provision of this chapter shall, upon conviction
in the Municipal Court of the Township of Eagleswood 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 chapter.
The penalty provisions contained in this chapter will automatically
be deemed altered and amended in conjunction with any amendments to
N.J.S.A. 40:49-5.
