Dear Berkeley Township,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Please provide the ordinance or resolution that governs rental properties in Berkeley Township to include , hotels, motels, bed and breakfast establishments, summer rentals, daily rentals monthly rentals and rentals within residential neighborhoods.
Sand Piper Beach Group
12-3.5 Certificates of Compliance.
a. No single-family dwelling or individual unit of a multifamily dwelling, whether sold or rented, shall be occupied by the vendee, tenant or lessee, as the case may be, until a certification of compliance approval has been obtained from the Code Enforcement Officer or his agent, stating that the unit, dwelling or building so described therein complies with the requirements of this section and the Property Maintenance Code. The initial inspection fee shall be fifty-five ($55.00) dollars; any subsequent reinspection shall cost twenty-five ($25.00) dollars per inspection and any transfer of title shall be forty-five ($45) dollars.
b. "Short Term rental units" shall be defined as those units rented or occupied for a period of less than ninety (90) days. These units shall be an exception to the foregoing provision, in that the units must only be inspected once in a year, regardless of the number of changes of occupancy in any given year. The certificate of compliance for Short Term rentals is valid through December 31st of the year it is issued, regardless of a change in tenants or ownership. The owner of any Short Term rental unit shall be responsible for requesting the annual inspection as provided for herein. A Short Term rental unit shall be further excepted from the provisions of this section in that it shall not be necessary for such unit to have any provisions for heat, provided that the unit is only occupied between April 15 and October 15. The provision for hot- and cold-water lines must be adhered to except that outside showers shall not be required to have a hot water supply. The owner of the unit shall schedule the annual inspection of the property at such time as the electric and water shall be operational. The International Property Maintenance Code 2015, Section 404 Occupancy Limitations, shall dictate the total number of permitted occupants within each unit and the limitations as to determining the occupiable living area of each unit.
c. All certificates of compliance issued under former subsection 12-3.5, Certificate of Compliance; Summer Rental Units, which is modified by the passage of this section, shall continue in full force and effect for the term of their original issuance, notwithstanding the passage of this section.
d. No industrial or commercial property which contains a bulkhead whether sold or rented shall be occupied by the vendee, tenant or lessee as the case may be, until a certificate of compliance has been obtained pursuant to Section 27-2.
e. The Township Code Enforcement Officer shall not issue a certificate of compliance for any single-family dwelling or individual unit of a multifamily dwelling located in a Planned Residential Retirement Community (PRRC) as defined in subsection 35-101.1 of the Revised General Ordinances of the Township of Berkeley, whether sold or rented, until written approval has been obtained from the respective homeowner's association that the homeowner complies with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons fifty-five (55) years of age or older.
(1974 Code § 59-5; Ord. No. 35-82; Ord. No. 12-83; Ord. No. 90-17; Ord. 01-18-OAB § 1; Ord. No. 06-06-OAB § 1; Ord. No. 07-23-OAB § 1; Ord. No. 2013-04-OAB; Ord. No. 2017-32-OAB)
12-3.6 Smoke Detectors.
No certificate of compliance shall be issued until a smoke detector has been installed in each guest room suite or sleeping area in buildings of Use Group R-1 and in dwelling units within buildings of Use Group R-2 or R-3. It shall be installed in a manner and location approved by the authority having jurisdiction. When actuated, the detector shall provide an alarm suitable to warn the occupants within the individual unit. In buildings having basements or cellars, an additional smoke detector shall be installed in the basement or cellar in a location approved by the Construction Official and his agent. (1974 Code § 59-5.1; Ord. No. 35-82; Ord. No. 12-83)
12-3.7 Testing of Fuel Tanks.
No certificate of compliance shall be issued until the seller of a dwelling unit, commercial unit or industrial unit in the Township shall have provided the Construction Department with a properly certified test on all above- or below-ground oil, heating or flammable material tanks, including, where appropriate, propane tanks, demonstrating that there are no leaks in the tanks and systems. Testing of the fuel and flammable material tanks and propane tanks and systems shall be in accordance with the standards as provided for in the BOCA Fire Prevention Code and/or NFPA 329 or NFPA 55 as each Code applies to the tank in question. (1974 Code § 59-5.2; Ord. No. 88-9; Ord. No. 94-44)
12-3.8 Flood Elevation Certificate.
No certificate of compliance shall be issued until the seller of a dwelling unit, commercial unit or industrial unit, which is determined to be in the special flood hazard area as determined under Chapter XXIX shall have provided to the Construction Department a flood elevation certificate which shall include the actual elevation (in relation to mean sea level) of the lowest floor, including basements, of the property in question. (Ord. No. 00-16-OAB § 1)
(Ord. No. 01-18-OAB § 1; deleted by Ord. No. 2016-34-OAB § 3; and 2017-16-OAB § 3)
Editor’s Note: For Bulkhead Properties see Chapter XXVII Docks and Marine Bulkheads.
12-3.10 Violations and Penalties.
Any person, who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter I, Section 1-5. (1974 Code § 59-6; Ord. No. 88-43; New)