Neptune promises to crack down on homes being rented out as event spaces

NEPTUNE - Shark River Hills residents are sick of the headaches caused by residential homes in their neighborhood being rented out as event spaces, so the township is working on what officials call a "three-legged" approach to cut down on noise from short-term rentals.

The Township Committee already approved a new special events ordinance and just introduced a new noise ordinance, said Gene Anthony, township attorney. Next would be a short-term rental ordinance tightening what can be allowed on such properties.

Resident Dan Mueller told the township committee "I have the privilege of letting you all know that I have one of Monmouth County's finest wedding venues right in my backyard" at the March 11 meeting.

He was referring to the home at 401 Overlook Drive, which is promoted in its Airbnb listing as a "private estate with unparalleled views" on 2.3 acres, featuring seven bedrooms, 5½ baths and a heated saltwater pool. It is available for $1,500 a night. On its Vrbo listing, it is called "Overlook Manor" and says "Parties and events (including family gatherings, birthday parties and weddings) are allowed on site."

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"Last summer we had to call the police multiple times, between myself and our neighbors, every weekend for noise complaints, parties, etc." Mueller said.

He added that the noise was consistently over 90 decibels, "sometimes hitting 100 decibels" at 3 a.m.

Mueller and his neighbor, Rich Robinson, have expressed their frustration about 401 Overlook since last summer.

"Since August (2023) I have been coming here every two weeks trying to be respectful to the process, and understand everything takes time," Robinson said. "I did find out that 401 Overlook is being booked as Overlook Manor and it is being booked as an event space every weekend from now until the end of September."

Robinson complained that the house is essentially a commercial operation in a residential area and said that despite over 25 complaints to the Neptune police, no action has been taken.

He added that if he is facing "another summer of my windows rattling … I am going to be (at the meetings) every two weeks causing hell and being a pain."

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'We did whatever the neighbors asked'

George Roe, owner of 401 Overlook, said "I allowed my property manager to have her birthday party there when the police came and I personally spoke to them. After that, I shut down the party."

He added "as soon as we were informed we stopped renting.

"They told me the lights were too bright, so we got lower wattage bulbs. We did whatever the neighbors asked of us to fit in," Roe said. "The problem is that the property was abandoned for years. The house sits on a hill and noise travels. We will not be allowing any events or parties as you see on the website that (the Press) inquired on."

Roe claims he will also be occupying the home for more than half the summer and there will be no parties or events because it is a "family friendly vacation rental."

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Neptune's a three-legged approach started with the special events ordinance adopted last month.

Township officials have said for years that if any special event required more police, public works, etc. the cost of that additional service has to be reimbursed to the municipality. The new special events ordinance creates a review committee to review every special event application, not just the township clerk.

The special events ordinance also requires applicants to meet certain criteria, such as plans for sanitation, emergency services, weather/rain dates and fees based on the number of anticipated participants.

'Somewhat subjective'

Anthony says the newly introduced noise ordinance is more designed to stop neighborhood nuisances in general.

"There was a feeling a couple years ago that the (noise) ordinance wasn't comprehensive enough," Anthony said. "A noise ordinance would require the use of a decibel reader to measure sound."

The nuisance ordinance basically indicates certain types of noises would be subject to a citation "if you can hear the noise from a certain distance, during certain hours of the day, and in certain zones," Anthony said.

If a resident hears noise audibly within 25 feet where it is disturbing and the police come and feel the same way, there would be a basis for issuing a summons for a nuisance violation, Anthony said.

"This is somewhat subjective in the sense that there is no clear-cut measurement," Anthony said. "But that is the basis of a nuisance rather than a noise ordinance. We are hoping that allows the police to take a more active role in the enforcement of nuisances."

The ordinance also allows the police to issue more than one summons per day.

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Neptune has more than one ordinance that address short-term rentals but not an ordinance specifically for short-term rentals.

As for short-term rentals, they have especially been an issue in the Ocean Grove section of the township, Anthony said, where residents complained of weekend parties and neighborhood disruptions from renters.

"Ocean Grove residents were concerned about the fact that a lot of people were buying houses and just converting them into short-term rentals. They weren't living there, they were just using them as investments and the community was changing," Anthony said.

"And this has spilled over into the rest of Neptune, such as Overlook Drive," he continued.

Neptune looked next door and based its planned ordinance off Asbury Park's short-term rentals ordinance, such as residency requirements and longer minimum time periods.

"We obviously have to address the uniqueness of the tents and the cottages located in Ocean Grove that are seasonal in nature. In those cases obviously the owner, the Ocean Grove Camp Meeting Association, doesn't actually live in the tent at the same time," Anthony said.

The township will decide whether to keep a two-season (winter/summer) short-term rental or do yearly licensing like Asbury Park.

Once he receives written comments from the necessary departments and township committee, he can modify the ordinance and propose it for introduction.

In the meantime, neighbors are losing patience. "I understand the three-legged approach," Mueller said. "Maybe we need a wheelchair to move this thing along."

"I don't know if you have neighbors that live behind you that have parties every single weekend, but it is a destruction of quality of life in our neighborhood," Mueller said.

Charles Daye is the metro reporter for Asbury Park and Neptune, with a focus on diversity, equity and inclusion. @CharlesDayeAPP Contact him: CDaye@gannettnj.com.

This article originally appeared on Asbury Park Press: Neptune passing rules to cut down on homes used for event spaces