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May 20, 2024

Upper Township to propose rental regulations

PETERSBURG — Township Committee is expected to introduce new rules governing short-term property rentals following a report by a subcommittee tasked with examining the issue.

Deputy Mayor Kim Hayes, who led the subcommittee formed in September, said a new ordinance created to regulate rentals was a collaborative effort.

“I think this really accomplishes what we wanted to accomplish,”Hayes said. “We are looking to take our residential neighborhoods and protect them from having event houses and parties and transient neighbors coming in and out of those little cul-de-sacs that we all enjoy so much.”

A proposal introduced last spring generated complaints and prompted Township Committee to rethink its plans, even before numerous speakers condemned the proposal as invasive, anti-landlord and unconstitutional.

“One of the reasons we are holding a public hearing is that we want to get some input. We also want to make sure we are thorough and don’t have any unintended consequences,” Mayor Jay Newman said at the time.

On Jan. 8, Hayes thanked the members of the public who voiced their concerns about the original proposal. 

“I think we missed the mark on the original ordinance; it wasn’t really the intent of what we are trying to do. It targeted all rental properties rather than honing in on the issues with the short-term rentals,” Hayes said from the dais.

Ordinance 8-2023 was intended to protect tenants by ensuring properties are maintained in a safe condition and ensuring that maximum occupancy limits are maintained, and to protect the value of properties nearby by requiring maintenance.

Short-term rentals would have been limited to the Waterfront Town Center, Marmora Town Center, Resort Residential and Resort Commercial zoning districts. Regulations allowed Township Committee to set fees to be paid to offset administrative expenses. Furthermore, they set standards for number of occupants based on square footage.

Township solicitor Tony Monzo said the original ordinance was a lot more restrictive and covered a lot more issues than just short-term rentals.

“This one really is tailored to the problems based on complaints,” he told the Sentinel.

Monzo said the new ordinance defines short-term rentals as those of 30 days or fewer and divides properties by size, greater or less than 1 acre. Those who own property of 1 acre or less — outside the Waterfront Town Center, Marmora Town Center, Resort Residential and Resort Commercial zones — cannot rent a property for fewer than seven days, while owners of properties greater than 1 acre are allowed to rent for as few as three days. Properties within the listed zones would not be subject to the stay limitations.

He said the idea is that the use on larger properties would not have an adverse effect on neighbors because there is more room for parking and more distance between homes, lessening the possibility of noise issues.

Other restrictions include a maximum of two cars on the premises for homes with as many as three bedrooms, then one additional car for each additional bedroom. 

Occupancy would be limited to two people per bedroom and amplified music would be allowed outdoors only until 9 p.m. All trash would have to be placed in closed containers and put out on the curb the day of pickup.

Monzo said there would be no licensing requirement but owners would have to register with the township. Violations would be subject to fines and penalties and any owner who had three or more in any calendar year would be prevented from short-term rentals for the remainder of the year and the following year.

DeMarzo said it was a good choice to use available space as a deciding factor.

“It was super smart to use what the township has, and what the township has is space. So if you have the space, you can have the Airbnb expansion use and if you don’t have the space, you can’t have the Airbnb,” DeMarzo said. “I’m very satisfied with the final product.”

Hayes thanked the other members of the subcommittee, which were Committeeman Mark Pancoast, DeMarzo and five members of the public — Michelle Drewnowski, Bruce Riordan, Joe Falls, Maria Busz and Bob DiLullo.

“We had a very impactful group, some in favor, some opposed. We had some good dialogue and interesting conversations that resulted in something that everybody is comfortable with,” Hayes said, noting members represented the real estate industry, those operating a short-term rental and those who have had negative experiences with them in their neighborhood.

Hayes also thanked Riordan, chief of Strathmere Fire Rescue and a real estate agent, for his participation.

“His extensive knowledge of rental properties of this type, and seasonal properties, as well as fire codes and health codes was really valuable and provided some levity to the conversations,” she said.

Janice Connell, president of the Strathmere Improvement Association, applauded the township’s consultation with Riordan.

“What’s really good about it is the fact that Upper folks have reached out to people in Strathmere on things that impact them. That’s a real positive,” she said.

The ordinance is expected to be introduced during the next Township Committee meeting, scheduled for 4:30 p.m. Jan. 22.

By CRAIG D. SCHENCK/Sentinel staff

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