WILDWOOD CREST – The borough commissioners have introduced an ordinance designed to clarify efforts to control overcrowding in non-transient rental units and related noise and traffic.
The ordinance, introduced April 9, amends the municipal code to set occupancy limitations for such rental units. Mayor Don Cabrera said the new measure clarifies the means for calculating how many people can legally stay in a unit.
“The only way to stop overcrowding is to quantify how many people can stay in a unit based on square footage and fire code,” Cabrera said.
Residents had complained to the borough about noisy, overcrowded rentals where the landlord was not onsite, saying also they caused parking problems. In October 2024 the borough approved an ordinance directed at holding landlords responsible for the behavior of their renters, but the mayor said the amendment was needed to tighten up the borough code.
The new ordinance says the Board of Commissioners determined to restrict the number of occupants in a non-transient rental unit in part to help mitigate the shortage of on-street and off-street parking spaces, especially when the shortage results from excessive occupancy.
Last fall’s ordinance established regulations for how much space was needed in terms of sleeping units, and said other rooms, such as kitchens and bathrooms, were not to be part of the aggregate square footage.
The new ordinance says a unit occupied by one person and used for sleeping purposes should have a minimum sleeping area of 70 square feet. If there is more than one person, there must be a minimum sleeping area of 50 square feet for each person.
The new measure also calls for 150 square feet of floor area for the initial occupant and 100 square feet of floor area for each additional occupant. Children under age 2 would not be counted as occupants.
The ordinances were the result of complaints about overcrowding in rental units, resulting not only a shortage of parking but also frequent noise coming from overcrowded units. One member of the public said visitors would sometimes unload their vehicles a 2 a.m. or 3 a.m., making a lot of noise. Cabrera said the local legislation was meant to respond to local concerns.
“When people bring issues up, we try to do our level best to address it by limiting the number of people who can stay, and likewise the number of vehicles on the street, and hopefully limit unruly behavior,” Cabrera said.
Last fall’s ordinance was once step in the process and was intended to “reduce the number of substantiated complaints against a landlord before the borough may institute proceedings to require a landlord of a premises to post a bond against consequences of future incidents on the property.”
The ordinance requires that the mercantile license and maximum number of occupants be prominently displayed, such as in a front window of the rental property. It further states it will be unlawful to advertise a rental for more occupants than permitted by the ordinance.
Landlords, when attempting to obtain a rental license, must provide the borough with a sketch of the premises showing the square footage of the rooms, which will then be used to determine the maximum occupancy.
Any violations that can be attributed to the tenants of the property and that are substantiated through a conviction in court will count toward proceedings against the property owner or landlord.
If two violations occur in a 24-month period, city officials ranging from the mayor to the zoning officer or fire official may institute proceedings to require the landlord to post a bond against the consequences of future incidents of the same character.
Wildwood Crest has an ordinance, though it is rarely used, by which it can also assess charges for a public response, such as by the police.
A public hearing on the new ordinance is set for Wednesday, April 30, at 5 p.m. in Borough Hall.
Contact the reporter, Christopher South, at csouth@cmcherald.com or call 609-886-8600, ext. 128.
