Fredon Township City Zoning Code
ARTICLE XXIV
Short-Term Rentals
§ 550-141 Purpose.
A.
The Committee of the Township of Fredon recognizes that the short-term rental of residential dwelling units within the Township is part of a national trend and will continue. Notwithstanding, the Township Committee also finds and declares that short-term rental of residential property affects the rural, residential character of the community and, if unregulated, can be injurious to the health, safety, welfare and character of the Township, including the depletion of long-term housing stock.
B.
The intended purposes of this article are to:
(1)
Balance the rights of the owners of the residential dwelling units proposed for short-term rental use and the rights of Township's residents affected by the operation of short-term rentals;
(2)
Protect the public health, safety, and general welfare of individuals and the community at large;
(3)
Provide for an organized and reasonable process for the short-term rental of certain defined classifications of residential dwelling units in the Township;
(4)
Monitor and provide a reasonable means for the mitigation of impacts created by such short-term uses of residential properties within the Township;
(5)
Preserve and protect the long-term housing market stock in the Township;
(6)
Implement rationally based and reasonably tailored regulations to protect the integrity of the Township's residential neighborhoods; and
(7)
Ensure that the short-term rental property inventory in the Township satisfies basic property maintenance standards, to protect the safety of the occupants and the citizens of the Township.
C.
The Township Committee has therefore determined that it shall be unlawful for any owner of any property within the geographic bounds of the Township of Fredon, County of Sussex, and State of New Jersey, to rent or operate a short-term rental contrary to the procedures and regulations established in this article, or applicable State statute.
§ 550-142 Authority.
In accordance with New Jersey law, a municipality may make and enforce within its limits all ordinances and regulations not in conflict with general laws, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety, and welfare of the municipality and its inhabitants.
§ 550-143 Definitions.
As used in this article, the following terms shall have the meanings indicated below:
Shall mean a building or portion thereof which is regularly used and kept open as such for the purpose of furnishing sleeping accommodations and related services for pay to tourists, transients, or travelers. It includes, but is not limited to, the following:
An apartment hotel or motel, bed-and-breakfast, motel, inn, tourist home, and club;
A boardinghouse or rooming house; and
Any other building or group of buildings in which sleeping accommodations are normally available to the public on a transient basis, excluding a property that is registered as a short-term rental property or satisfies the definition of a short- term rental property, as such term is defined in this section.
Shall mean an individual or entity holding title, by way of a legally recorded deed, to a property proposed for short-term rental.
Shall mean the owner of the property residing in the short-term rental property (the "STRP"), or in the principal residential unit with which the STRP is associated on the same lot and identifies the same as his or her principal residence as that term is defined in this section. For purposes of this section, 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 STRP, or in the principal residential unit with which the STRP is associated on the same lot and identify same as his or her principal residence as that term is defined in this section.
Shall mean a person who occupies an STRP as his principal residence.
Shall mean the address: (1) where at least one of the property owners spends the majority of his or her non-working time, and (2) which is most clearly the center of his or her domestic life, and (3) which is identified on his or her current, valid driver's license, voter registration, or State Identification Card as being his or her legal address. All the above requirements must be met for an address to constitute being a principal residence for the purposes of this section.
Shall mean a parcel of real property located within the boundaries of the Township of Fredon, County of Sussex, and State of New Jersey.
Shall mean both the short-term rental property owner and/or a person (i.e., the short-term rental property agent) 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, and the conduct and acts of occupants of the short-term rental property, and, in the case of the Agent, to accept service of legal process on behalf of the owner of the short term rental property.
Shall mean the accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of at least seven consecutive days but not more than 28 consecutive days, up to a cumulative total period of short-term rentals not to exceed 90 days in a calendar year, which dwelling unit is regularly used and kept open as such for the lodging of guests, and which is advertised or held out to the public as a place regularly rented to transient occupants, as that term is defined in this section.
Shall mean a residential dwelling unit as defined in Chapter 550 of the Code of the Township of Fredon, that is used and/or advertised for rent as a short-term rental for use by transient occupants as guests, as those terms are defined in this section. Dwelling units rented to the same occupants for more than 28 consecutive days, licensed bed-and-breakfast establishments, licensed rooming or boarding houses, tourist homes, hotels, and motels shall not be considered a short-term rental property.
Shall mean any New Jersey licensed real estate agent or other person designated and charged by the owner of an STRP, with the responsibility for making the STR application to the Township of Fredon on behalf of the owner and fulfilling all the obligations in connection with completion of the STRP license application process on behalf of the owner. Such person shall be available for, and responsive to contact on behalf of, and as the agent for, the owner, at all times.
Shall mean 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 STRP; or (2) satisfies the definition of a STRP, as such term is defined in this section. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of any occupant of the STR is a transient occupant.
§ 550-144 Regulations pertaining to short-term rentals.
A.
It shall be unlawful for any owner of any property within the geographic bounds of the Township of Fredon, County of Sussex, and State of New Jersey, to rent or operate an STR contrary to the procedures and regulations established in this article or applicable State statute.
B.
Short-term rentals shall be permitted to be conducted in the following classifications of property in the Township of Fredon:
(1)
Condominium units, where the Condominium Association By-Laws, Master Deed, or Condominium Association Rules and Regulations expressly permit short-term rentals, and where the owner of the unit legally identifies the address as his or her principal residence, as that term is defined herein;
(2)
Individually or collectively owned single-family residences, which one of the owners legally identifies as the address of his or her principal residence, as that term is defined herein;
(3)
Residential dwelling units that are part of a Homeowners' Association, as defined in § 550-19, where the Declaration of Covenants, By-Laws, or Association Rules and Regulations expressly permit short-term rentals, and where the owner of the unit legally identifies the address as his or her principal residence;
(4)
Units within a two-family residential dwelling, where one of the two units is occupied by the owner and legally identified by the owner as his or her principal residence, as that term is defined herein;
(5)
Not more than two separate units in any multi-family residential dwelling, where one other unit in the same dwelling is occupied by the owner and legally identified by the owner as his or her principal residence, as the term is defined herein; and
(6)
Not more than two bedrooms within a single-family residential dwelling unit, where the bedrooms share common kitchen and bathroom facilities with the occupant of the dwelling unit, and the remainder of the single-family dwelling unit is occupied by the owner and legally identified by the owner as his or her principal residence, as that term is defined herein.
C.
Notwithstanding the provisions of Subsection B above, STR shall not be permitted in boarding or rooming houses, dormitories, foster homes, adult family care homes, assisted living facilities, community residences for developmentally disabled persons, community shelters for victims of domestic violence, or nursing homes. Further, STR of the following properties is prohibited:
(1)
Condominiums or townhomes, where the Condominium Association By-Laws, Master Deed, or Condominium Rules and Regulations, do not expressly permit such short-term rental of condominium units in the development;
(2)
An individually or collectively owned single-family residential dwelling unit, which address none of the owners legally identifies as his or her principal residence;
(3)
Residential dwelling units that are part of a Homeowners' Association, as defined in § 550-19, where the Declaration of Covenants, By-Laws, or Association Rules and Regulations, do not expressly permit such short-term rental of units in the development.
(4)
A unit in a two-family residential dwelling, where the other unit is not occupied by the owner nor legally identified by the owner as his or her principal residence;
(5)
Two or more units in a multi-family residential dwelling, and where one of the other units is not occupied by the owner nor legally identified by the owner as his or her principal residence;
(6)
A room within a single-family, two-family or multi-family residential dwelling unit, where the room shares common kitchen and bathroom facilities with the occupant(s) of the dwelling unit in which it is located, which occupant(s) is neither the owner of the dwelling unit nor identifies the remainder of the dwelling unit in the single-family, two-family or multi-family residence as his or her principal residence; and
(7)
Two or more individual rooms within a single-family, two-family, or multi-family residential dwelling unit, where the rooms share common kitchen and bathroom facilities with the occupant(s) of the dwelling unit(s) in which they are located, which occupant(s) is neither the owner of the dwelling unit nor identifies the remainder of the dwelling unit in the single-family, two-family, or multi-family residence as his or her principal residence.
D.
The provisions of this section shall apply to STR as defined in § 550-143 above. The following do not qualify as a privately-owned residential dwelling unit, as that term is used herein, and therefore do not need to obtain an STR license pursuant to this section: any hotel, motel, studio hotel, rooming house, dormitory, public or private club, bed and breakfast inn, convalescent home, rest home, home for aged people, foster home, halfway house, transitional housing facility, or other similar facility operated for the care, treatment, or reintegration into society of human beings; 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.
§ 550-145 Supplementary zoning regulations.
Short-term rentals are permitted as an accessory use to a permitted principal residential use in all zoning districts and redevelopment plan areas where residential uses are permitted. A rental for less than seven consecutive days or a series of short-term rentals exceeding 90 days in a calendar year is not permitted in such zones.
§ 550-146 Short-term rental license, license registration fee/application, and certificate of occupancy.
A.
In addition to any land use requirement(s) set forth by the Township of Fredon Land Use Procedures and Zoning Regulations, the owner/operator of an STRP shall obtain an STR license from the Township Code Enforcement and Zoning Officer, before renting or advertising for rent any STR. The total number of STR licenses to be issued by the Township shall be limited to six. Those properties that received STR licenses are given priority when submitting applications for renewal.
B.
No person or entity shall operate an STR or advertise a residential property for use as a STR, without the owner/operator of the property first having obtained an STR license and rental certificate of occupancy issued by the Township's Zoning Officer and Code Enforcement Officer as set forth below. The failure to obtain a valid STR license and certificate of occupancy prior to advertising the STRP in any form including print, electronic, digital, internet or web-based platform, signage, billboard, and/or in the MLS or any realtor's property listing shall be a violation of this section. No STR license issued under this section 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.
C.
An owner of property intended to serve as an STRP, as defined therein, or any agent acting on behalf of the owner, shall submit to the Township Clerk an STR license application provided by the Township, along with an annual application/registration fee of $750 unless the application is made after June 30 in which case the fee is $550. Said fee shall be non- refundable, including if the application is denied. The fee shall also constitute the required fee for the rental certificate of occupancy application, referenced below.
D.
The STR license, if granted, shall be valid for the remainder of the year, expiring on December 31 of the year in which it was issued.
E.
The owner of an STRP, as defined herein, or any agent acting on behalf of the owner, who intends to rent all of the property, or any permitted part thereof as an STR, shall also make an application to the Township's Code Enforcement Officer, in conjunction with the STR license application, for the issuance of a rental certificate of occupancy for the STR, on such forms as required by that Department.
F.
An STR license and rental certificate of occupancy shall be valid until December 31 of the year in which it was issued. An STR license shall be renewed on an annual basis by submitting to the Township's Zoning Officer, an STR license application and to the Township Code Enforcement Officer, a rental certificate of occupancy application, and a renewal registration fee of $750. A reinspection fee shall apply of $500 for each failed reinspection.
G.
The STR license shall expire automatically when the STRP changes ownership, and a new initial application and first-time registration fee will be required in the event that the new owner intends to use the property as an STR. A new application and first-time registration fee shall also be required for any STR that has had its STR license revoked or suspended.
§ 550-147 Application process for short-term rental license and inspections.
A.
Applicants for an STR license shall submit, on an annual basis, an application for an STR license to the Township Clerk. The application shall be furnished, under oath, on a form specified by the Township, accompanied by the non-refundable application fee as set forth in in § 550-146 above. Such application shall include:
(1)
The name, address, telephone number, and e-mail address of the owner(s) of record of the dwelling unit for which a license is sought. If such owner is not a natural person, the application must include and identify the names of all partners, officers, and/or directors of any such entity, and the personal contact information, including address and telephone numbers for each of them;
(2)
The address of the unit to be used as a STR;
(3)
A copy of a current, valid driver's license, voter registration, or State Identification Card of the owner of the STRP, confirming, as set forth in this article, that the property is the legal principal residence, as that term is defined herein, of the owner making application for the STR license;
(4)
The owner's sworn acknowledgement that the owner will comply with the requirement that the STRP constitutes the owner's principal residence, as defined in § 550-143 above;
(5)
The name, address, telephone number, and e-mail address of the short-term rental property agent, which shall constitute his or her seven days a week, twenty-four-hour a day contact information;
(6)
The name, address, telephone number, and e-mail address of the short-term rental property responsible party, which shall constitute his or her seven days a week, twenty-four-hour a day contact information;
(7)
The owner's sworn acknowledgement that he or she has received a copy of this article, has reviewed it, understands its requirements, and certifies, under oath, as to the accuracy of all information provided in the permit application;
(8)
A survey or aerial photograph depicting the property lines, structures, driveway and parking areas.
(9)
The number and location of all parking spaces available to the premises, which shall include the number of legal nine-foot by eighteen-foot, off-street parking spaces and on-street parking spaces directly adjacent to the premises. The owner shall certify that every effort will be made to avoid and/or mitigate issues with on-street parking in the neighborhood in which the STRP is located. No parking for the STRP shall take place other than on the STRP or on the street directly adjacent to the premises;
(10)
The owner's agreement that the occupancy limit of the STRP shall be no greater than two occupants per bedroom and that the number of vehicles parked shall be limited to one vehicle per two occupants in the STRP. The number of bedrooms shall be determined by and limited to the number for which the septic system is designed and approved by the Sussex County Health Department;
(11)
The owner's agreement to use his or her best efforts to assure that use of the premises by 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
(12)
Any other information that this article requires a property owner to provide to the Township in connection with an application for a rental certificate of occupancy. The Township Clerk shall have the authority to obtain additional information from the STRP owner/applicant or amend the license application to require additional information, as necessary, to achieve the objectives of this article.
(13)
An agreement by the owner that the Code Enforcement Office shall be permitted to inspect the STRP at any time;
(14)
Verification from the Sussex County Heal Department of the number of bedrooms for which the septic system was designed.
B.
Every application for a STR license shall require annual inspections for the STRP's compliance with the Township's fire safety regulations, including certificate of smoke detector and carbon monoxide compliance, and Housing Standards, § 308-1 et seq. In addition, each application is subject to review to verify the STRP's eligibility for use as a STR and compliance with the regulations in this article. Failure to abate any outstanding violations prior to occupancy can result in a summons.
C.
STR license applications for a condominium unit shall require a written letter of approval from the Condominium Association with the application.
D.
STR license applications for a residential dwelling unit in a Homeowners' Association shall require a written letter of approval from the Homeowners' Association with the application.
E.
A zoning permit compliance certificate, which states that the premises are not being occupied or used in violation of the Township of Fredon Land Use Procedures and Zoning Regulations, shall be required.
F.
A sworn statement shall be required that there have been no prior revocations or suspensions of this or a similar license, in which event a license shall not be issued, which denial may be appealed as provided hereinafter.
G.
Attached to and concurrent with submission of the license application described in this article, the owner shall provide:
(1)
Proof of the owner's current ownership of the short-term rental unit;
(2)
Proof of general liability insurance in the minimum amount of $1,000,000; and
(3)
Written certifications from the short-term rental property agent and responsible party that they agree to perform all of the respective duties specified in this article.
H.
The STRP owner/license holder shall publish the STR license number issued by the Township in every print, digital, or internet advertisement, and/or in the Multiple Listing Service (hereinafter "MLS") or other real estate listing of a real estate agent licensed by the New Jersey State Real Estate Commission, in which the STRP is advertised for rent on a short-term basis.
I.
Each and every time there is a change of occupancy by transient occupants during the year when the license is active, the STRP owner, or STR property agent must provide the Township with information as to the identity of all transient occupants who will be occupying the STRP, on a form to be made available by Township or in electronic format on the Township website. The intent is that the Township shall have basic identifying information of all occupants of the STRP at all times, which information shall include the occupant's or occupants' names and ages, and the dates of the commencement and expiration of the term of each STR period of the respective occupant(s).
J.
In no event shall a STRP be rented to anyone younger than 21 years of age. The primary occupant of all STR executing the agreement between the Owner and the occupant must be at least 21 years old, and must be the party who will actually occupy the property during the term of the STR. The primary occupant may have guests under the age of 21 who will share and occupy the property with the primary occupant. 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 property is not occupied by at least one adult over the age of twenty-one, during the term of the STR.
§ 550-148 Issuance of permit and appeal procedure.
A.
Once an application is submitted, complete with all required information and documentation and fees, the Zoning Officer and Code Enforcement Officer, following any necessary investigation for compliance with this Section, shall either issue the STR license and rental certificate of occupancy, or issue a written denial of the license application (with the reasons for such denial being stated therein), within 10 business days.
B.
If denied, the applicant shall have 10 business days to appeal in writing to the Township Committee, by filing the appeal with the Township Clerk's Office.
C.
Within 30 days thereafter, the Township Committee or its designee shall hear and decide the appeal.
D.
A license shall only be issued after all outstanding violations have been abated.
§ 550-149 Short-term rental operational requirements.
A.
All STRs must comply with all applicable rules, regulations, and ordinances of the Township and all applicable rules, regulations, and statutes of the State of New Jersey, including regulations governing such lodging uses, as applicable. 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.
A dwelling unit shall be limited to a single STR contract at a time.
C.
The owner of an STR shall not install on the STRP any advertising or identifying mechanisms, such as signage, including lawn signage, identifying the property for rent as an STRP.
D.
Transient occupants of the STRP shall comply with all ordinances of the Township including, but not limited to those ordinances regulating noise and nuisance conduct. Failure of transient occupants to comply shall subject the transient occupants, the owner of the STRP, the responsible party, and the STR Agent listed in the STR license application, to the issuance of fines and/or penalties, and the possibility of the revocation or suspension of the STR license.
E.
The owner of an STR shall post the following information in a prominent location within the STRP:
(1)
Owner name; if owner is an entity, the name of a principal in the entity, and phone number for the owner (individual);
(2)
The names and phone numbers for the responsible party and the STR agent (as those terms are defined in this article);
(3)
The phone numbers for the New Jersey State Police, the Township of Fredon Fire Department, and the Township of Fredon Code Enforcement;
(4)
The maximum number of parking spaces available onsite and on streets directly adjacent to the STRP and the location of all spaces;
(5)
All applicable rules and regulations regarding municipal trash disposal and recycling; and
(6)
Notification that a guest, transient occupant, the STRP agent, the responsible party, or STRP owner may be cited or fined by the New Jersey State Police or Township of Fredon Code Enforcement, for violations of, and in accordance with any applicable ordinance(s) of the Township of Fredon;
(7)
Notice that the property is served by a private well with limited capacity and a private septic that cannot accept a list of items to be developed by the Zoning Officer and provided to the owner;
(8)
Notice and a copy of any applicable HOA rules;
(9)
The survey or aerial photograph submitted with STR permit application showing the property lines and the location for permitted parking.
(10)
Notice that the Township Code Enforcement Officer shall be given access for inspection at any time.
(11)
A copy of the STR license.
F.
In the event any complaints are received by the New Jersey State Police or the Township of Fredon regarding the STRP and/or the transient occupants in the STRP, and the owner of the STRP is unreachable or unresponsive, both the responsible party and the short-term rental agent listed in the STR license application shall have the responsibility to take any action required to properly resolve such complaints, and shall be authorized by the STR owner to do so.
G.
While an STRP is rented, the owner, the short-term rental agent, 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 Township of Fredon, New Jersey State Police, or neighbors, arising by virtue of the short-term rental of the property.
H.
If the STRP is the subject of three or more substantiated complaints in a calendar year to the Code Enforcement Officer or Township Municipal Court, the Officer may revoke the STR license issued for the property, in which case, the STRP may not be the subject of a new STR license application for one year following the date of revocation of the license. Complaints are considered substantiated if they are supported by personal observation of the Code Enforcement Officer, photographs or video/audio recordings or sworn statements of a minimum of two persons, or if there has been a conviction in Municipal Court.
I.
Failure to make application for, and to obtain the issuance of, an STR license prior to advertising the STRP, shall be equivalent to operation of the STRP without a license, and shall constitute a violation of this Code, and will result in enforcement action and the issuance of a summons, and shall subject the STRP owner, the short-term rental agent, and the responsible party to issuance of fines and/or penalties.
J.
The person offering a dwelling unit for STR use must be the owner of the dwelling unit. A tenant of a property may not apply for an STR license, nor shall the property or any portion thereof be sub-leased by the tenant on a short-term basis or operated as a STRP by the tenant. This STRP regulation shall supersede any conflicting provision in a private lease agreement permitting sub-leasing of the property, or any portion of the property. 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.
K.
The STRP owner must be current with all tax and municipal charges assessed to the property prior to the issuance of a STR license. In the event that any code violations have been issued by the Township relating to the STRP, a STR license shall not be issued until such time as such violations have been properly abated. The STRP owner must also close any open construction permits for the property prior to the issuance of a STR license.
L.
All fines or penalties issued by the Municipal Court for the Township of Fredon for any past code violations relating to the STRP, including penalties for failure to appear in Court, must be satisfied in full prior to the issuance of a STR license.
§ 550-150 Violations and penalties.
A violation of any provision of the within this article 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 $2,000 per violation, per day that the violation exists, but not less than $100 per violation, per day that the violation exists.