[Adopted 2-21-1994 by Ord. No. 1139 (Ch. 11, Part 2, of the 1996 Code
of Ordinances)]
This article is enacted to provide uniform and equitable distribution
of the tax levies in the Borough and upon the inhabitants thereof
and to promote the welfare of the inhabitants of the Borough.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
BUSINESS UNIT
A parcel of real estate, with or without improvements located
thereon, utilized by any person or persons for any activity carried
on or exercised for gain or profit in the Borough, including, but
not limited to, the sale of merchandise or other tangible personalty
or the performance of services and the rental of personalty and/or
realty.
DWELLING UNIT
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
LANDLORD
A lessor, or person who acts as agent for the lessor, of
any parcel of real estate located in the Borough, or a lessor, or
person who acts as agent for the lessor, of any improvements on real
estate or any building located in the Borough.
PERSON
Any individual, partnership, association, firm or corporation.
TENANT
A person who has the use, either by himself or with others,
of a dwelling unit or a business unit owned by a person other than
himself for a period exceeding 30 days.
Within 30 days from the effective date of this article, each
landlord shall submit to the Borough Manager a report form supplied
by the Borough Manager, which includes the following information.
A. A list of dwelling units and business units owned by the landlord
and located within the Borough limits, whether occupied or not occupied.
B. Address of each dwelling unit and business unit.
C. Lot and block number of each dwelling unit and business unit.
D. Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants.
E. Names of all tenants utilizing each aforementioned dwelling unit
or business unit, if any.
F. Name and address of any tenant's employment, if known.
G. Social security number of each tenant, if known.
After the effective date of this article, any person who becomes a landlord shall, within 30 days thereafter, report to the Borough Manager the information and data set forth in §
254-3 above and on forms to be provided by the Borough Manager.
After the effective date of this article, each and every landlord
of property within the Borough shall report to the Borough Manager,
on a report form to be supplied by the Borough Manager, any change
in the use or occupancy of any dwelling unit or business unit owned
by such landlord. The reported change shall include the name or names
of all new tenants of such dwelling unit or business unit, the date
when such change was effected, and the forwarding address of the previous
tenant or tenants, if known. The report shall also contain the name
and address of the tenant's employer, if known; and the tenant's social
security number, if known. In the event that a dwelling unit or business
unit was used or utilized by a tenant and then becomes vacant, this
change shall also be reported to the Borough Manager. All reports
required by this section shall be made within 30 days after a landlord
has knowledge that such a unit has had a change in use or occupancy
or has become vacant.
The Borough Manager, under the authority of this article, shall:
A. Maintain on file at the Borough office, the names of the landlords
owning dwelling units and business units in the Borough and a list
to include the names of the current tenants of said dwelling units
and business units.
B. Maintain a supply of forms for landlords to use in making reports to the Borough Manager as required by §§
254-3,
254-4 and
254-5 of this article.
C. Notify the Building Code Official, the Fire Chief and the Chief of
Police of the Borough of the address and description of any dwelling
unit or business unit that is vacant, unoccupied and not in use.
D. Forward the list of landlords and current tenants of dwelling units
and business units to the appropriate Borough taxing jurisdiction.
[Amended 2-19-1996 by Ord. No. 1159]
Any person who shall violate any provision of this article,
including failure to file required reports; filing inaccurate, untimely
or incomplete reports; or for any other violation, shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense.
[Adopted 9-13-2022 by Ord. No. 1380]
As used in this article, the following terms shall have the
meanings indicated:
SHORT-TERM RENTAL
The rental or offer for rental of a dwelling unit or any
portion of a dwelling unit for a period of less than 30 days. "Short-term
rental" does not include:
A.
Extension of a lease for periods of less than 30 days when the
original lease was for a period of 30 days or more.
B.
A leaseback arrangement under which the seller of a home leases
the home back from the purchaser for periods of less than 30 days.
SHORT-TERM RENTAL UNIT
A dwelling unit, a portion of a dwelling unit, or any other
structure or space that is offered to guests for short-term rental
purposes, as defined herein. "Short-term rental unit" does not include:
A.
A structure or any part of a structure not intended for human
occupancy, including space in utility sheds, garages, attics, or basements
that is not designed, inspected, and licensed to ensure proper certification
for human occupancy.
B.
A camper, tent, or vehicle, including a recreational vehicle.
C.
Rooms or suites at hotels.
D.
Accommodations at bed-and-breakfast establishments properly
approved by the Borough.
E.
Health care facilities licensed by the state.
To obtain a short-term rental permit, an applicant must first
complete an application on a form prescribed by the Borough and provided
by the Borough Manager or Code Enforcement Officer. The application
form must include:
A. The address of the proposed short-term rental unit.
B. The name, mailing address, street address (if different from the
mailing address), telephone number, and email address of:
(2) The record owner of the property, if the applicant is not the record
property owner;
(3) A local responsible party, if other than the applicant, who:
(a)
Resides or is located within five miles of the short-term rental
unit; and
(b)
Will be responsible for addressing operational and safety concerns
and responding to nuisance complaints; and
(4) An alternate contact person, who:
(a)
Resides or is located within 10 miles of the short-term rental
unit; and
(b)
Will be responsible for addressing operational and safety concerns
and responding to nuisance complaints in the event the operator of
the short-term rental or local responsible party is unavailable or
does not respond.
C. A statement signed by the property owner, if the applicant is not
the property owner, authorizing the applicant to submit the application.
D. The name and contact information for any host platform the applicant
plans to use for listing the proposed short-term rental unit.
E. A statement verifying that:
(1) The applicant has confirmed that the proposed short-term rental use
will not violate any covenants, homeowners' association rules,
bylaws, condominium agreement terms, rental agreement terms, or other
restrictions applicable to the property; and
(2) No permit or license for operation of a short-term rental unit or
other guest accommodation, either within the Borough or at any other
location, has been revoked in the twenty-four-month period preceding
the date of the application, either from:
(b)
A person who is a co-habitant with the applicant.
F. Proof of payment of property taxes applicable to the parcel on which
the proposed short-term rental unit will be operated.
G. A floor plan, drawn to scale, showing:
(1) The structure containing the proposed short-term rental unit;
(2) The rooms to be used by short-term rental guests for sleeping;
(3) All other rooms and indoor areas to be used by short-term rental
guests;
(4) The location of windows, doors, and smoke and carbon monoxide detectors;
and
(5) The evacuation route in case of fire or other emergency and verification
of the presence of fire extinguishers, smoke alarms, and carbon monoxide
detectors that are properly maintained and functioning.
H. A site plan of the lot showing:
(1) The location of the proposed short-term rental unit;
(2) Dedicated parking spaces for short-term rental guests; and
(3) Any outdoor areas that will be available to guests, such as patios,
balconies, swimming pools, pet enclosures, and other outdoor amenities.
I. Photographs taken from each property line, showing views of the structure
where the short-term rental unit is to be located.
J. An affidavit, signed by the applicant, stating that:
(1) All information provided by the applicant is true and accurate; and
(2) The applicant has reviewed, understands, and agrees to comply with
the requirements of this article.
K. Any additional information determined by the Borough Manager or Code
Enforcement Officer to be necessary for processing the application
and verifying the eligibility of the applicant and the proposed short-term
rental unit.
L. Payment of an application fee in the amount of $100 plus an inspection
fee of $100 if an inspection is required pursuant to this article.
If the Borough Manager or Code Enforcement Officer determines
that a proposed short-term rental unit or the person applying for
a permit to operate the unit fails to meet any requirement, condition,
or criteria established by this article, the permit will be denied,
subject to the applicant's right to appeal the denial as provided
in this article.
A short-term rental permit does not authorize any person, other
than the person named on the permit, to operate a short-term rental.
A permit holder may not transfer or assign the permit to another person
or address. However, a new applicant may apply to assume operation
of a permitted short-term rental and may be granted a temporary permit
for the remainder of the original permit period if the applicant meets
all eligibility requirements for short-term rental permit holders
and any specific requirements for the permit for the property. An
application for a temporary permit under this section must include:
A. The same information as required for new permits under §
254-10, except that no floor plan, site plan, or photographs are required if no changes have been made or are proposed to the short-term rental unit or the property containing the short-term rental unit;
B. Payment of an application fee in the amount of $100 plus an inspection
fee of $100 if an inspection is required pursuant to this article.
C. Submittal of proof of liability insurance and compliance with all other applicable legal requirements in accordance with §
254-11C, provided that the applicant may opt to submit such documents after notification that the Borough Manager or Code Enforcement Officer has determined the application to be otherwise complete.