[HISTORY: Adopted by the Borough Council of the Borough of
Newtown 11-9-2021 by Ord. No. 781. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "The Newtown
Borough Short-Term Rental Ordinance."
A.Â
The provisions of this chapter shall apply to all residential dwellings
and dwelling units, conversions of nonresidential structures or detached
accessory structures to residential dwellings or dwelling units, guesthouses,
and all existing premises within the Borough of Newtown ("Borough").
The owner of the subject property shall be responsible for compliance
with the provisions of this chapter. Failure of an owner, agency,
managing agency, local contact person, or renting occupants to comply
with the provisions of this chapter shall be deemed noncompliance
by the owner.
B.Â
This chapter shall not apply to a hotel/motel/inn, bed and breakfast,
or boarding house, as defined within the Zoning Ordinance.
A.Â
This chapter is not intended to, and does not, excuse any landowner
from compliance with the Borough Zoning Ordinance, as amended from
time to time. Whenever possible, this chapter and the Zoning Ordinance
should be construed and interpreted as being consistent, and not in
conflict.
B.Â
Whenever the requirements of this chapter are in conflict with other
requirements of any other provision of the Ordinances of the Borough
of Newtown, the most restrictive, or those imposing the higher standards,
shall govern.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A room or space designed to be used for sleeping purposes
with two means of egress (one of which may be a window acceptable
under the building code) and in close proximity to a bathroom. Space
used for eating, cooking, bathrooms, toilet rooms, closets, halls,
storage or utility rooms and similar uses are not considered bedrooms.
Space used or intended for general and informal everyday use such
as a living room, den, and sitting room or similar is not to be considered
a bedroom.
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided therein,
for the exclusive use of that single family. For the purposes of this
chapter, this term shall be used when referring to dwellings and/or
dwelling units, as defined under the Zoning Ordinance, and shall include
guesthouses.
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
short-term rental. A local contact person must be able to respond
and arrive at the short-term rental property within one hour of notice
and must be authorized to act as legal agent for the owner. If there
is a change in the identity of the local contact person, the Borough
must be notified, in writing, within 14 days, or prior to rental of
the property if rental occurs within said fourteen-day period.
Any dwelling unit utilized as a single-family residence,
or subset(s) of room(s) located therein, rented for the purpose of
overnight lodging for a period of 30 days or less, and which meets
the definition of "hotel lodging and room rental" for the purpose
of imposing an excise tax by the County of Bucks as defined in the
Bucks County Tourist Promotion Law 73 P.S. 401, as amended.
Permission granted by the Borough to utilize a dwelling unit
for short-term rental use.
No owner of any property in the Borough shall operate a short-term
rental in the Borough without first obtaining a short-term rental
permit from the Zoning Officer. Operation of a short-term rental without
such short-term rental permit is a violation of this chapter. Permits
shall be transferable to any new owner of the property within 90 days
of its issuance.
A.Â
Short-term rental permit applications shall contain all of the following
information:
(1)Â
The name, address, telephone number and email address of the owner.
If the owner will be more than one hour from the short-term rental
during any rental period, a local contact person must be designated
for the property. If the owner does not designate a local contact
person, then the owner shall also provide a twenty-four-hour telephone
number.
(2)Â
The name, address and twenty-four-hour telephone number of the local
contact person, if designated. If the owner designates a local contact
person, that person shall have written authorization to accept service
for the owner.
(3)Â
The total number of bedrooms and maximum number of overnight guests.
(4)Â
If the building is a multiunit structure, the total number of dwelling
units in the structure and the number of dwelling units being used
as short-term rentals.
(5)Â
A diagram or photograph showing the location and number of on-site
parking spaces.
(6)Â
Copies of current Bucks County Lodging Room Rental Tax Certificate
of Authorization and current Pennsylvania sales and use tax permit.
(7)Â
Signatures of the property owner and local contact person, where
applicable.
(8)Â
Trespass waiver signed by the owner allowing access to the property
for the Enforcement Officer for the purpose of inspection to verify
compliance with this chapter.
(9)Â
Copy of the current recorded deed for the property establishing ownership.
(10)Â
Signature of the owner acknowledging receipt of this chapter.
(11)Â
Each owner shall maintain at least at least $500,000 in general
liability insurance on the short-term rental for the full duration
of the permit term and provide proof of the same to the Borough as
well as evidence that owner has notified said insurer of the short-term
rental use of the property.
B.Â
A short-term rental permit shall be issued only to the owner of the
short-term rental property.
C.Â
A separate short-term rental permit is required for each dwelling
unit; for two-family or multifamily dwellings, a separate permit shall
be required for each dwelling unit being rented as a short-term rental.
D.Â
A short-term rental permit is effective for a period of one year,
or until any of the conditions of the short-term rental which are
governed by this chapter are changed, whichever shall first occur.
A short-term permit must be renewed annually and also when any of
the conditions of the short-term rental which are governed by this
chapter are changed.
E.Â
The dwelling unit shall be owner-occupied when not rented as a short-term
rental under this chapter. A nonowner-occupied dwelling unit may be
rented as a short-term rental if it is an individual unit located
within a larger owner-occupied structure, or a separate unit located
on a parcel that is otherwise owner-occupied.
F.Â
The Borough will prescribe forms and procedures for the processing
of permit applications under this chapter.
A.Â
Overnight occupancy of a short-term rental shall be limited to no
more than two persons per bedroom plus two additional persons. The
maximum occupancy of all short-term rentals on a given property shall
be 12 persons.
B.Â
Short-term rental of the dwelling unit is limited to the greater
of 15 rental periods per calendar year or 180 nights in aggregate.
In the event that more than one dwelling unit is available for short-term
rental on a single property, this limit shall apply to the entire
property, meaning that each rental period that any dwelling unit on
the property is rented shall count as one rental period toward the
fifteen-rental period limit, and each night that any dwelling unit
on the property is rented shall count as one night toward the 180-night
aggregate limit.
C.Â
Parking for overnight occupants shall be limited to available parking
areas on the short-term rental property or arranged/leased off-street.
E.Â
The owner shall use best efforts to assure that the occupants or
guests of the short-term rental do not create unreasonable noise or
disturbances, engage in disorderly conduct, or otherwise violate provisions
of the Borough Code or any state law pertaining to noise or disorderly
conduct including, but not limited to, notifying the occupants of
the rules regarding short-term rentals and responding when notified
that occupants are violating laws, ordinances or regulations regarding
their occupancy.
F.Â
The owner shall, upon notification that occupants or guests of the
short-term rental have created unreasonable noise or disturbances,
engaged in disorderly conduct or otherwise violated provisions of
the Borough Code or state law pertaining to noise or disorderly conduct,
promptly use best efforts to prevent a recurrence of such conduct
by those occupants or guests.
G.Â
Overnight occupancy of recreational vehicles, camper trailers and
tents at the property where the short-term rental is located shall
not be allowed. Outdoor overnight sleeping of occupants or guests
of the short-term rental is prohibited.
H.Â
A short-term rental shall not have any outside appearance indicating
a change of use from the surrounding residential uses. There shall
be no exterior advertising.
I.Â
Fireworks and floating lanterns are prohibited.
J.Â
Subleasing all or a portion of the dwelling unit by the tenant is
prohibited.
K.Â
All short-term rentals shall have a clearly visible and legible notice
posted within the dwelling unit on or adjacent to the front door containing
the following information:
(1)Â
The name of the owner of the unit and the local contact person and
a telephone number at which that party can be reached on a twenty-four-hour
basis.
(2)Â
The street address of the property.
(3)Â
The maximum number of occupants permitted to stay overnight in the
short-term rental unit.
(4)Â
The maximum number of all vehicles allowed to be on the property
and the requirement that all overnight parking must be in the available
parking areas on the property and not in or along any private, community
or public street right-of-way or on any lawn or vegetated area on
the property.
(5)Â
The trash pick-up day and notification that trash and refuse shall
not be left or stored on the exterior of the property except bagged
in designated receptacles.
(6)Â
Notification that an occupant or guest may be cited and fined for
creating a disturbance or for violating other provisions of the Borough
Code, including parking and occupancy limits.
(7)Â
Notification that short-term rental occupants and guests are required
to make the dwelling unit available for inspection by the Enforcement
Officer upon request.
L.Â
All short-term rentals shall be equipped with the following:
(1)Â
Smoke detectors in each bedroom;
(2)Â
Smoke detectors outside each bedroom in common hallways;
(3)Â
Smoke detectors on each floor;
(4)Â
GFI outlets for outlets located within six feet of water source;
(5)Â
Aluminum or metal exhaust from dryer, if provided for tenant use;
(6)Â
Carbon monoxide detector if open flame (oil or gas) furnace, gas
or wood fireplace, or wood-burning stove;
(7)Â
Carbon monoxide detector, if garage is attached;
(8)Â
Fire extinguisher in kitchen;
(9)Â
Stairs (indoor and outdoor) in good condition; and
(10)Â
Swimming pools, hot tubs and spas must meet the barrier requirements
as required by the current edition of the International Residential
Code; and
(11)Â
Any other occupancy requirements which may be added by ordinance
revision by Borough Council.
M.Â
The owner shall not enter into a rental agreement with a person who
is less than 18 years of age.
N.Â
Compliance with the requirements of this section shall be considered
conditions of a short-term rental permit. Violation of any of the
requirements of this section shall be grounds for revocation of the
short-term rental permit by the Code Enforcement Officer. In the event
that more than one short-term rental is located on a single property,
and any one short-term rental is in violation of any of the requirements
of this section, all permits associated with the property may be revoked.
A.Â
Short-term rental fees, payable to Newtown Borough upon the filing
of a short-term rental permit application, shall be in such amount
as may be established by resolution duly adopted by Borough Council.
B.Â
Any short-term rental permit is good for a period not to exceed one
year from the date of issuance and must be renewed annually. Short-term
rental permit renewal fees, payable to Newtown Borough upon the filing
of a short-term rental permit renewal application, shall be in such
amount as may be established by resolution duly adopted by Borough
Council.
C.Â
Short-term rental permit renewal applications shall contain information
regarding any changes from the immediately preceding application with
respect to matters governed by this chapter.
D.Â
Verification that all owed hotel and sales taxes have been paid shall
be made before permit renewal is granted.
The administrator of this chapter shall be the Code Enforcement
Officer as appointed by the Borough, and which shall include any appointed
Assistant Enforcement Officers. The Code Enforcement Officer shall
have the responsibility and authority to administer and enforce all
provisions of this chapter.
A.Â
All short-term rentals shall be subject to annual inspections by
the Code Enforcement Officer who shall verify application information,
permit, permit renewal and/or operating requirements.
B.Â
The issuance of a short-term rental permit shall indicate that the
dwelling unit was determined to be in compliance with applicable codes
and ordinances at the time of the Code Enforcement Officer's
inspection. The issuance of a permit shall not constitute any warranty
by the Borough that the premises is otherwise lawful, safe, or habitable.
C.Â
If there is reason to believe that any provision of this chapter
is being violated, the Code Enforcement Officer may enter onto the
property for the purpose of inspection to ascertain the existence
of violations. If the nature of an alleged violation is such that
an inspection of the interior of a building or structure is necessitated,
prior arrangements must be made with the owner or local contact person
to secure access.
The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this chapter, or which promotes any other activity which is prohibited
by this chapter, shall be a violation of this chapter.
If it appears to the Code Enforcement Officer that a violation
of this chapter exists or has occurred, the Code Enforcement Officer
shall send a written notice of violation to the owner by personal
delivery or by both first class and certified mail. The notice of
violation shall identify the premises which is the subject of the
violation, enumerate the conditions which constitute the violation,
cite the specific sections of this chapter which are violated, indicate
the action required to correct the violation, and provide a time frame
(established by the Code Enforcement Officer based upon the nature
of the violation) to correct the violation.
In the interest of promoting the public health, safety and welfare, and minimizing the burden on the Borough and community services and impacts on residential neighborhoods posed by short-term rentals, a violation of any of the provisions of § 100-7 of this chapter, pertaining to short-term rental standards, is hereby declared to be a public nuisance.
A.Â
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this chapter
shall, upon conviction in a summary proceeding, pay a fine of not
less than $100 nor more than $600 per violation, plus all court costs
and reasonable attorney's fees incurred by the Borough in the
enforcement proceedings. Each day or portion thereof that a violation
exists or continues shall constitute a separate violation. Further,
the appropriate officers or agents are hereby authorized to seek equitable
relief, including injunction to enforce compliance with this chapter.
All fines, penalties, costs and reasonable attorney's fees collected
for the violation of this chapter shall be paid to Newtown Borough.
B.Â
In addition to, but not in limitation of the provisions of §§ 100-7, 100-13 and 100-14A, the Code Enforcement Officer may revoke or deny renewal of a short-term rental permit for three substantiated civil or criminal complaints in any rolling twelve-calendar-month period. The revocation or denial to renew a short-term rental permit shall continue for one year prior to reapplication for a permit.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for a violation of this
chapter.
A.Â
Appeals of a determination of the Code Enforcement Officer under
this Chapter to deny any application for, or to renew, a short-term
rental permit, or to revoke a short-term rental permit, shall be filed
with the Borough within 30 days of the date of the denial of application
or revocation of permit. Appeal shall be processed as follows:
(1)Â
All appeals shall be in writing and signed by the appellant on forms
prescribed by the Borough, and shall be accompanied by a fee, the
amount of which shall be established by the Borough by resolution
from time to time and which may include notice and advertising costs
and necessary administrative overhead in relation to the hearing.
(2)Â
Each appeal shall fully set forth the determination being appealed,
a detailed reason or basis for the appeal, and the relief sought.
Every appeal shall refer to the specific provision of circumstances
of the case.
B.Â
Borough Council shall conduct hearings and make decisions pursuant
to the Act of December 2, 1968 (P.L. 1133, No. 353), known as the
"Local Agency Law," and in accordance with the following requirements:
(1)Â
Written notice shall be given to the appellant, the Enforcement Officer,
and to any person who has made timely request for same. Written notices
shall be given at such time and in such manner as shall be prescribed
by rules of the Borough, but not less than 15 days prior to the hearing.
(2)Â
The hearing shall be held within 60 days from the date the appeal
is filed, unless the appellant has agreed in writing to an extension
of time.
(3)Â
The hearings shall be conducted by Borough Council. The decision
or, where no decision is called for, the findings shall be issued
in writing by Borough Council within 45 days after the conclusion
of the hearing, unless the appellant has agreed in writing to an extension
of time, and shall be communicated to the appellant and any other
parties who have entered their written appearance and requested a
copy of the decisions, at the addresses provided by them either by
personal delivery or by United States first class mail postage prepaid.
(4)Â
The Borough Solicitor or the hearing officer presiding shall have
power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant documents and papers,
including witnesses and documents requested by parties.
(5)Â
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)Â
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)Â
Borough Council may, but is not required to, make a stenographic
record of the proceedings. In the event a stenographic record of the
proceedings is not provided by Borough Council, a stenographic record
shall be made and kept at the request of any party agreeing to pay
the costs thereof. Any party or other person desiring a copy of the
stenographic record shall order the copy directly from the stenographer
who prepared the same and shall pay the cost imposed by the stenographer
for the copy directly to the stenographer.
(8)Â
Borough Council shall not communicate, directly or indirectly, with
any party or any party's representatives in connection with any
issue involved except upon notice and opportunity for all parties
to participate; shall not take notice of any communication, reports,
staff memoranda, or other materials, except advice from their solicitor,
unless the parties are afforded an opportunity to contest the material
so noticed; and shall not inspect the site or its surroundings after
the commencement of hearings with any party or any party's representative
unless all parties are given opportunity to be present.
If any section, provision, or portion of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this chapter so long as it remains legally enforceable
absent the invalid portion. The Borough reserves the right to amend
this chapter or any portion thereof from time to time as it shall
deem advisable in the best interest of the promotion of the purposes
and intent of this chapter, and the effective administration thereof.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective upon adoption by the Council
of Newtown Borough.
