[Adopted 9-12-2016 by Ord. No. 204]
Mount Gretna Borough has seen an increase in concern over residential
rental occupied units over the past several years. The purposes of
this article are to promote the health, safety, and general welfare
of the Borough's residents by establishing uniform procedures for
licensing of residential rental units within the Borough and to set
forth the penalties for violations of this article.
As used in this article, the following terms shall have the
meanings indicated:
BEDROOM
A room designed to be used for sleeping purposes with two
means of ingress (one of which may be a window acceptable under the
building code), including a door which can be closed for purposes
of privacy, a closet, and in close proximity to a bathroom. Spaces
used for eating, cooking, bathrooms, toilet rooms, closets, halls,
storage, lofts, 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, sitting room or similar, is not to
be considered a bedroom.
[Added 12-19-2018 by Ord.
No. 213; amended 12-14-2021 by Ord. No. 224]
BOROUGH
Mount Gretna Borough, Lebanon County, Pennsylvania 17064.
BOROUGH COUNCIL
The duly elected governing body of Mount Gretna Borough,
Lebanon County, Pennsylvania.
DAY GUEST
A visitor to the rental property but not constituting an
occupant between the hours of 7:00 a.m. and 10:00 p.m.
[Added 12-19-2018 by Ord.
No. 213; amended 12-14-2021 by Ord. No. 224]
DWELLING UNIT
A residential living area for one household that is used
for living and sleeping purposes and includes its own cooking facilities
and bathroom with a toilet and a bathtub and/or shower.
ENFORCEMENT OFFICER
Any person specifically designated to enforce this article
by resolution of Borough Council.
MANAGER
An adult individual may be designated by the owner of a residential
rental unit under this article. The manager then shall be the agent
of the owner for service of process and receiving notices or demands
and to perform the obligations of the owner under this article.
OCCUPANT
An individual who resides in a residential rental dwelling
unit other than a tenant.
OWNER
One or more persons, corporation, partnership or other association
in whom is vested all or part of the legal title to the premises.
OWNER-OCCUPIED UNIT
A dwelling unit in which at least one owner of record of
the property resides as his/her primary dwelling throughout a calendar
year and/or a summer residence in which the owner resides on a seasonal
basis. If an owner-occupied unit is rented for any time, said rental
shall be governed by the provisions of the requirements of a residential
rental unit set forth herein.
RESIDENTIAL RENTAL UNIT LICENSE
A license issued to the owner of a residential rental unit
that is required in order to lawfully rent and occupy a residential
rental unit.
SHORT-TERM RENTALS
Any dwelling unit owned or managed by a person, firm or corporation
which is rented or leased for a period of less than 30 consecutive
days for a minimum reservation of three consecutive nights during
which time the owner or manager is not present on a full-time basis.
[Added 12-19-2018 by Ord.
No. 213; amended 12-14-2021 by Ord. No. 224]
TENANT
An occupant of a residential rental unit with whom a legal
relationship with the owner exists pursuant to a lease or other legally
enforceable agreement under the laws of the Commonwealth of Pennsylvania.
The minimum age of the tenant shall be 25 years of age.
[Amended 12-14-2021 by Ord. No. 224]
TIME-SHARE
Form of shared property ownership, commonly vacation or recreational
property, where rights vest in several owners to use the property
for specific periods of time each year.
[Added 12-14-2021 by Ord. No. 224]
It shall be the duty of every owner to:
A. Obtain and maintain a residential rental unit license for each residential rental unit as set forth in §
137-5 of this article. This provision shall apply to any and all leases or other legally enforceable agreements under the laws of the Commonwealth of Pennsylvania, regardless of length.
B. Provide
the Borough with the maximum number of bedrooms and the maximum sleeping
accommodation occupancy for the residential rental unit, not to exceed
10 occupants.
[Amended 12-12-2022 by Ord. No. 228]
C. Post in a prominent place within the unit any and all trash and recyclables collection and disposal services information to tenants and occupants as provided by the Borough and instruct tenants and occupants about the collection process for such trash and recyclables collection and disposal services (e.g., curbside or dumpster and day of pick up). Provide each unit a copy of Mount Gretna Borough Refuse, Noise and Parking Ordinances. The ordinances may be viewed at the Borough website, http://borough.mtgretna.com. (Noise, Chapter
118, Chapter
121, regarding refuse and garbage, § 121-2(a)(1)(a) through (c), § 134-8, Chapter
76, Open Burning, §§
76-1,
76-5,
155-2 through
155-3, and Vehicles and Traffic, Chapter
181).
D. If appointed
by the owner, the manager shall be considered the owner's agent for
purposes of service of process and receiving notices and requests
from the Borough, as well as for performing obligations of the owner
as set forth in this article.
E. An owner must reside within 20 miles of the short-term rental property.
If the owner resides at a location over 20 miles from the short-term
rental property, an agent or local contact person must be selected
to act as a manager for the short-term property.
[Added 12-14-2021 by Ord.
No. 224]
F. A manager must reside within 20 miles of the short-term rental property.
The Borough must be notified, in writing, within seven days if there
is a change in the identity of the manager.
[Added 12-14-2021 by Ord.
No. 224]
G. Any advertisement by the owner of the rental units shall include
the following information:
[Added 12-14-2021 by Ord.
No. 224]
(1) The total number of overnight guests permitted.
(2) The total number of day guests permitted from 7:00 a.m. until 10:00
p.m.
(3) On-street parking is by permit only and two street parking permits
will be provided, and any violation is subject to a ticket and fine
being issued by the Cornwall Borough Police.
(4) Minimum age of the tenant.
(5) The rental is located in a Chautauqua residential community.
H. Post an emergency fire escape route.
[Added 12-14-2021 by Ord.
No. 224]
[Added 12-19-2018 by Ord.
No. 213]
A. Unless otherwise specifically stated herein, the Enforcement Officer
shall be permitted to inspect each residential rental unit at or prior
to the issuance of a rental license;
B. The Enforcement Officer shall be permitted to inspect each residential
unit. Each residential unit is required to be inspected at each renewal.
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
C. The Enforcement Officer shall be permitted to inspect a residential
rental unit whenever there is probable cause to believe that a violation
of the within article is present. Under such circumstances, the Enforcement
Officer shall provide the owner, or, if applicable, the manager, with
24 hours' notice of an inspection under this subsection;
[Amended 12-14-2021 by Ord. No. 224]
D. The cost of any inspection incurred by the Enforcement Officer shall
be paid by the owner to the inspection agency within 30 days after
the date of invoice to the owner of the required fee as established
by resolution by Mount Gretna Borough. The rental license shall not
be issued until payment is made as set forth herein;
[Amended 12-14-2021 by Ord. No. 224]
E. Written consent for inspection of the property by the Enforcement
Officer to verify compliance with the conditions of the rental application.
F. An owner
seeking a rental license has the responsibility to contact and arrange
for an inspection with the Borough's approved code inspection company.
[Added 12-12-2022 by Ord. No. 228]
[Added 12-19-2018 by Ord.
No. 213]
A. Short-term rental units are permitted as follows:
[Amended 4-8-2024 by Ord. No. 232]
(1) A
maximum of 18 short-term rental units;
(2) Short-term
rental units shall be located only on property along Lancaster Avenue
and north to Pennsylvania Route 117;
(3) No
more than one short-term rental unit may be located in a structure;
(4) A
short-term rental unit may not be located in a structure which also
contains one or more other dwelling units.
B. Overnight occupancy of a short-term rental shall be limited to no
more than two persons per bedroom, not to exceed 10 occupants.
[Amended 12-12-2022 by Ord. No. 228]
C. The maximum number of day guests allowed at any one time is 10, not
counting overnight occupants.
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
D. Inspections for a short-term rental unit shall demonstrate that the
short-term rental unit contains or meets all of the following:
(1)
Working smoke and carbon monoxide detectors in each bedroom;
[Amended 12-14-2021 by Ord. No. 224]
(2)
Working smoke and carbon monoxide detectors outside each bedroom
in the common hallway;
[Amended 12-14-2021 by Ord. No. 224]
(3)
Working smoke and carbon monoxide detectors on each floor;
[Amended 12-14-2021 by Ord. No. 224]
(4)
GFI outlet required if outlet located within six feet of water
source (all sinks, sump pumps, etc.);
(5)
Aluminum or metal exhaust from clothes dryer (if a dryer is
provided);
(6)
Carbon monoxide detector if open flame (oil or gas) furnace
or gas fireplace;
(7)
Carbon monoxide detector if garage is attached;
(8)
Provide a fire extinguisher, 10 pounds type ABC, mounted in
the kitchen at a conspicuous location with a current charge testing
pad;
[Amended 12-14-2021 by Ord. No. 224]
(9)
Stairs (indoor and outdoor) in good condition;
(10)
Covers (faceplate) on all outlets;
(11)
Fully functioning bathing and toilet facilities;
(12)
Fully functioning kitchen (if one has been installed);
(13)
The Pennsylvania Uniform Construction Code and the International
Property Maintenance Code as adopted by the Borough.
(14)
Gas, electrical and water shutoff shall be identified by label
and shall be accessible at all times and not secured from tenants
in owner's lockout areas.
[Added 12-14-2021 by Ord.
No. 224]
(15)
Each bedroom shall be provided with an emergency exit opening
which operates without the use of keys, tools, or special hardware.
[Added 12-14-2021 by Ord.
No. 224]
(16)
The front door and all other exit doors shall be operable for
exit without the use of keys, tools, or special hardware.
[Added 12-14-2021 by Ord.
No. 224]
(17)
Garage space and area storing flammable products shall have
a fire resistance separation from the occupied structure space. Both
a smoke and carbon monoxide detector are required if the garage is
attached to the dwelling.
[Added 12-14-2021 by Ord.
No. 224]
(18)
Posted house number must be visible from street view and shall
be on a reflective sign for emergency response team.
[Added 12-14-2021 by Ord.
No. 224]
(19)
Leakproof containers provided with closed-fitting covers for
storage, removal and disposal of rubbish and garbage. Recyclable containers
shall be in plastic or metal containers preferably with a closed-fitting
cover for storage and removal.
[Added 12-14-2021 by Ord.
No. 224]
(20)
Plumbing fixtures shall be maintained in safe, sanitary and
functional conditions.
[Added 12-14-2021 by Ord.
No. 224]
(21)
Dwelling shall be provided with heating facilities capable of
maintaining a room temperature of 68° Fahrenheit in all habitable
rooms, bathrooms and toilet rooms.
[Added 12-14-2021 by Ord.
No. 224]
(22)
Maintain property in good repair, sanitation, and safe.
[Added 12-14-2021 by Ord.
No. 224]
(23)
Fuel-fired equipment shall be in good working order and provided
with compliance combustible air and installed in approved location.
[Added 12-14-2021 by Ord.
No. 224]
(24)
Carbon monoxide detectors required. Water heater shall have
the temperature and pressure release valve installed and in working
order.
[Added 12-14-2021 by Ord.
No. 224]
(25)
Clothes dryer shall exhaust to the exterior in accordance with
the manufacturer's specification.
[Added 12-14-2021 by Ord.
No. 224]
(26)
Each habitable room shall have as a minimum two electric receptacles.
[Added 12-14-2021 by Ord.
No. 224]
(27)
Each stairway, kitchen, bathroom, furnace room, and laundry
room shall be provided with a luminaire.
[Added 12-14-2021 by Ord.
No. 224]
(28)
Each bathroom and laundry room shall have as a minimum one electric
receptacle.
[Added 12-14-2021 by Ord.
No. 224]
(29)
Compliance with the posting requirements of notices set forth
in this article.
[Added 12-14-2021 by Ord.
No. 224]
(30)
The above may be added to and/or changed by resolution adopted
by Borough Council.
[Added 12-14-2021 by Ord.
No. 224]
E. Other certificates and documents required with the application:
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
(1)
Copy of the current Pennsylvania sales and use tax permit.
(2)
Declaration page of the current insurance policy indicating
at least $500,000 liability insurance to cover the use of a short-term
rental for the full duration of the permit term.
(3)
Certificate of use and occupancy from the Enforcement Officer
shall include the number of bedrooms meeting the definition of a bedroom
as set forth in this article.
(4) A
copy of the hotel license issued by the County of Lebanon.
F. The applicant shall prepare and present a renter's information notice
with the application, which shall be prominently and continuously
posted at the short-term rental unit, which contains the following
information:
[Amended 12-14-2021 by Ord. No. 224; 2-14-2022 by Ord. No. 226; 12-12-2022 by Ord. No. 228]
(1)
The name of the local contact person or owner of the short-term
rental unit and a telephone number which that party may be reached
on a twenty-four-hour basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(4)
Trash and recyclable pickup days and notification that trash,
refuse, and recyclable containers shall be placed at the street only
24 hours prior to their scheduled pickup date and shall be removed
within 24 hours after the trash and recyclable pickup date. Trash
and refuse shall not be left or stored on the exterior of the property
except in secure, watertight metal or plastic containers or similar
containers designed for storage, with a limit of three secured containers.
Recyclable containers shall not be left or stored on the exterior
of the property except in secure plastic or metal containers or similar
containers designed for storage, with a limit of two recyclable containers.
(5)
Notification that an occupant may be cited and/or fined for
creating a disturbance or for violation of other provisions of the
applicable Borough ordinances, including, but not limited to, parking,
occupancy limits, and noise.
(6)
Notification that short-term rental occupants and guests are
required to make the dwelling unit available for inspection by the
Enforcement Officer upon request.
(7) The
daytime phone number for the Cornwall Borough Police and the dispatch
number when the Cornwall Police Department is unavailable for daytime
phone calls. The current numbers are:
(a) Cornwall Borough Police: 717-274-2071, Monday through Friday, 8:00
a.m. to 4:00 p.m.;
(b) Dispatch number after hours: 717-272-2054.
(8) The
phone number for a local hospital, emergency room, and ambulance service.
G. At the time of a request for a rental license, the applicant shall
provide confirmation that the applicant has taken all action to register
with the Lebanon County Treasurer to enable the applicant to pay the
hotel room rental tax imposed by Lebanon County. No rental license
for the short-term rental unit shall be issued until the applicant
presents such confirmation or registration.
H. No short-term rental license shall be issued for a dwelling unit
that is adjacent to a lot in which another short-term rental is located.
Any short-term rentals which were adjacent to another short-term rental
as of December 31, 2021, shall be permitted to continue unless there
is a thirty-day lapse at the expiration of a current rental license,
in which case the provisions of this subsection shall apply. All adjacent
short-term rentals as of December 31, 2021, are on file with the Borough
office.
[Amended 12-12-2022 by Ord. No. 228]
I. The owner shall, upon notification that the occupants of the short-term
rental unit have created unreasonable noise or disturbances, engage
in disorderly conduct or violated provisions of Mount Gretna Borough
ordinances or state law pertaining to noise or disorderly conduct,
properly use their best effort to prevent a recurrence of such conduct
by those occupants or guests.
J. Any overnight occupancy of recreational vehicles, campers, 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.
K. A wait list for short-term rental licenses is hereby created once
short-term rental licenses issued by Mount Gretna Borough reach 18
as follows:
[Added 4-8-2024 by Ord. No. 232]
(1) A
proposed applicant submits their name, address, phone numbers, including
cell numbers, email address, and address of the proposed short-term
rental property along with a nonrefundable deposit payable to Mount
Gretna Borough in the amount of $100. The amount of the nonrefundable
deposit may be changed by a resolution adopted by Mount Gretna Borough
Council.
(2) A
wait list application would be perpetual, except as hereinafter set
forth, so long as the applicant owns the property for which a short-term
rental license is requested.
(3) Once
the short-term rental licenses issued by Mount Gretna Borough are
less than 18, the first applicant on the wait list is eligible to
apply for a short-term license. Mount Gretna Borough shall notify
the applicant a short-term rental license is available and is eligible
to comply with the Mount Gretna Borough Rental Ordinance. The notification
shall be in writing at the applicant's last known email address on
file with the Borough and if there is no email on file with the Borough,
at the applicant's last known address on file with the Borough. After
the notification, the applicant shall acknowledge, in writing, receipt
of the same within two weeks of the date of the notification, and
if the applicant does not acknowledge receipt of the notification,
his application shall be placed at the bottom of the wait list.
(4) The
applicant shall have 90 days from the date of the notification to
comply with all other provisions of the within Rental Ordinance if
the applicant has given the two weeks' written notification as set
forth herein. The applicant may request an extension of the time period
to comply with the Rental Ordinance and any extension shall be at
the discretion of Mount Gretna Borough Council.
(5) If the applicant fails to apply for a short-term rental license or fails to comply with the time limit and provisions for the issuance of such a license, except as set forth in Subsection
K(3) above, the proposed applicant would no longer remain on the established wait list, and the application shall be considered void.
(6) If
the first eligible applicant for a short-term rental license from
the wait list fails to comply with the requirements as set forth herein,
the next applicant on the wait list will be notified of the availability
of such a license and shall be given the opportunity to apply for
a short-term rental license and comply with all of the time requirements
as set forth herein. The process of a notification shall continue
as vacancies occur to next applicant on the wait list.
[Amended 12-14-2021 by Ord. No. 224; 12-12-2022 by Ord. No. 228]
Residential rental licenses shall not be transferred. No rentals
shall occur on a sale or transferred property until such time as an
approved inspection, the issuance of a certificate of occupancy, and
a new rental license has been issued by the Borough.
A. If the
rental license and property are in the name of a husband and wife
and there is a divorce and one party retains the property, this would
not be considered a transfer. If the residential license is in the
name of a husband and wife and one of the parties passes away, this
would not be considered a transfer.
B. If a new
owner intends to seek a new short-term rental license, the new owner
shall seek a residential rental license for each residential unit
within 30 days of the date of the sale or transfer.
C. If the
owner of a rental license passes away and there is a will devising
the rental license property to heirs set forth in said will, the estate
would have 120 days in which to transfer the property to the heirs
set forth in the will and apply for a rental license, and a new rental
license be issued to the decedent's heirs within said time period.
The property could not be used as a short-term rental until a new
license is issued by the Borough. Borough Council may extend the time
period set forth herein upon written request from the estate, which
extension would be at the discretion of Borough Council.
D. If an owner
does not seek a new short-term rental license as set forth in this
section within 30 days of the transfer, or 120 days as set forth from
the estate, and the property is adjacent to another short-term rental,
the adjacency provision is void as it applies to the rental property.
[Amended 9-11-2023 by Ord. No. 230]
[Amended 12-14-2021 by Ord. No. 224]
An appeal of the appropriate Borough official's decision may
be taken to Borough Council. An appeal shall be made, in writing,
within 10 days after such decision of the appropriate Borough official
has been made and delivered to the offending party. The appeal shall
be verified, shall state the grounds for an appeal and shall be filed
with the Borough Secretary at the Borough office. The appeal shall
be accompanied by an appeal fee which shall be set by a resolution
adopted by Borough Council. The appellant or his/her representative
shall have the right to appear and be heard. Borough Council shall
render a written decision within 10 days following the hearing. The
decision shall be in writing and provided to the appropriate Borough
official and appellant. A pending appeal shall stay a suspension of
the owner's residential rental license.