[HISTORY: Adopted by the Borough Council of the Borough of
Sewickley as indicated in article histories. Amendments noted where
applicable.]
[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:
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.
One or more rooms used for living and sleeping purposes arranged
for occupancy by one family or by one or more persons.
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.
Any individual, partnership, association, firm or corporation.
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.Â
A list of dwelling units and business units owned by the landlord
and located within the Borough limits, whether occupied or not occupied.
B.Â
Address of each dwelling unit and business unit.
C.Â
Lot and block number of each dwelling unit and business unit.
D.Â
Whether or not said dwelling unit or business unit is inhabited or
utilized by tenants.
E.Â
Names of all tenants utilizing each aforementioned dwelling unit
or business unit, if any.
F.Â
Name and address of any tenant's employment, if known.
G.Â
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.Â
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.
C.Â
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.Â
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:
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 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 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.
A camper, tent, or vehicle, including a recreational vehicle.
Rooms or suites at hotels.
Accommodations at bed-and-breakfast establishments properly
approved by the Borough.
Health care facilities licensed by the state.
A.Â
Permit required. Any person operating a short-term rental unit or
advertising any property within the Borough of Sewickley as available
for short-term rental use must hold a valid short-term rental permit.
When an applicant desires to operate more than one short-term rental
unit within a single dwelling unit, the applicant must obtain a separate
permit for each short-term rental unit. A permit holder must include
the short-term rental permit number in all advertisements for a short-term
rental unit, including all online listings. No permit shall be required
for owner-occupied short-term rentals that offer only a bedroom in
the principal residence that does not constitute a self-contained
dwelling unit and that is concurrently occupied by the owner for the
duration of the stay.
B.Â
Multiple permits prohibited. No person may hold more than three short-term
rental permits concurrently.
C.Â
Preexisting short-term rentals. Notwithstanding the foregoing, short-term
rental units that were lawfully operated prior to the adoption of
this article may continue in operation, provided that:
(1)Â
The operator must apply for a short-term rental permit no later than
45 days after enactment of this article or within 15 days of written
notice from the Borough that a permit is required;
(2)Â
The operator of the short-term rental unit must meet the eligibility
requirements for an applicant for a short-term rental permit as established
in this article; and
(3)Â
The short-term rental unit must meet the eligibility requirements
established in this article.
D.Â
Applicant. An applicant for a short-term rental permit:
(1)Â
Must be a natural person who is at least 21 years old and has the
legal right to occupy the dwelling unit and operate a short-term rental
unit;
(2)Â
May not be a person who has had a permit or license for operation
of a short-term rental unit or other guest accommodation revoked within
the previous 24 months, either within the Borough or at any other
location; and
(3)Â
May not be a co-habitant with a person who lives at the same dwelling
unit where the short-term rental unit will be located and has had
a permit or license for operation of a short-term rental or other
guest accommodation revoked within the previous 24 months, either
within the Borough or at any other location.
E.Â
Expansions. A short-term rental permit is valid only for the short-term
rental unit as depicted in the permit application. A short-term rental
unit may not be enlarged or expanded to include other rooms unless
a new permit is obtained.
F.Â
Expiration. A short-term rental permit shall expire one year after
the date of issuance unless it is renewed prior to expiration.
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.Â
The address of the proposed short-term rental unit.
B.Â
The name, mailing address, street address (if different from the
mailing address), telephone number, and email address of:
(1)Â
The applicant;
(2)Â
The record owner of the property, if the applicant is not the record
property owner;
(4)Â
An alternate contact person, who:
(a)Â
Resides or is located within 10 miles of the short-term rental
unit; and
(b)Â
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.Â
A statement signed by the property owner, if the applicant is not
the property owner, authorizing the applicant to submit the application.
D.Â
The name and contact information for any host platform the applicant
plans to use for listing the proposed short-term rental unit.
E.Â
A statement verifying that:
(1)Â
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)Â
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:
F.Â
Proof of payment of property taxes applicable to the parcel on which
the proposed short-term rental unit will be operated.
G.Â
A floor plan, drawn to scale, showing:
(1)Â
The structure containing the proposed short-term rental unit;
(2)Â
The rooms to be used by short-term rental guests for sleeping;
(3)Â
All other rooms and indoor areas to be used by short-term rental
guests;
(4)Â
The location of windows, doors, and smoke and carbon monoxide detectors;
and
(5)Â
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.
I.Â
Photographs taken from each property line, showing views of the structure
where the short-term rental unit is to be located.
K.Â
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.Â
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.
A.Â
Inspection; notice to interested parties. Within 30 days of the date
of notification by the Borough Manager or Code Enforcement Officer
that it has determined a short-term rental application to be complete
and all prerequisite conditions and criteria to have been met, the
applicant must:
(1)Â
Contact the Borough Manager or Code Enforcement Officer to schedule
an inspection, as may be required by this article, to verify that:
(2)Â
Provide proof that the applicant has given written notice to the
owners and occupants of each dwelling unit within 100 feet of the
proposed short-term rental unit. Acceptable forms of proof shall be
as determined by the Borough Manager or Code Enforcement Officer.
The Borough Manager or Code Enforcement Officer shall also post the
notice on the Borough's website. The notice shall:
(a)Â
Be in a format approved by the Borough Manager or Code Enforcement
Officer;
(b)Â
Inform each such owner or occupant of the pending application,
the Borough Manager or Code Enforcement Officer's intent to issue
the permit, and the owner's or occupant's right to appeal
issuance of the permit;
(c)Â
Include a copy of the complete permit application for the proposed
short-term rental unit; and
(d)Â
Provide contact information for the Borough Manager or Code
Enforcement Officer and the applicant for obtaining further information.
B.Â
Failure to pass inspection. If a proposed short-term rental unit
fails to pass the inspection required under this section, the applicant
may request a reinspection, provided the reinspection request is submitted
within 60 days of the first inspection and an additional inspection
fee of $100 is submitted to the Borough. The application will be voided
and no permit will be issued if the proposed short-term rental unit
fails to pass reinspection.
C.Â
Insurance; other legal requirements. If no appeal contesting issuance
of a short-term rental permit is filed with the Sewickley Borough
Council within the applicable deadline, or if the Sewickley Borough
Council, upon hearing an appeal, has decided in favor of an applicant
for a short-term rental permit, the applicant must within 30 days:
(1)Â
Provide proof that the applicant has obtained or applied for all
other licenses, permits, registrations, and approvals required by
any government entity to lawfully engage in the business of short-term
rentals, including, but not limited to:
(a)Â
Borough occupancy permit; and
(b)Â
Any state, county, or local tax filings or forms specific to
short-term rentals; and
(c)Â
Any other license, permit, registration, or approval that may
be required by state, county, or local regulations now or in the future,
and as may be specifically requested by the Borough to complete the
application.
(2)Â
Provide proof of liability insurance with a company authorized to
do business in the State of Pennsylvania, insuring against personal
injury (including death) and property damage claims related to the
short-term rental use, with coverage limits of no less than $500,000
per occurrence. Said insurance coverage must remain in effect the
entire time a short-term rental unit is available for rent.
D.Â
Failure to complete required measures. An application for a short-term
rental permit will be voided and no permit will be issued if the applicant
fails to complete any of the measures required under this section
within the required time frame.
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.Â
Borough approval. The Borough Manager or Code Enforcement Officer
shall issue a short-term rental permit to an applicant if:
(1)Â
The Borough Manager or Code Enforcement Officer determines that the
applicant and the proposed short-term rental unit meet the requirements,
conditions, and criteria established by this article;
(2)Â
The proposed short-term rental unit has passed inspection or reinspection within a three-year period and the applicant has completed all other measures as required under § 254-11; and
(3)Â
No appeal contesting issuance of a short-term rental permit has been
filed with the Sewickley Borough Council within the applicable deadline.
B.Â
Special conditions. The Borough Manager or Code Enforcement Officer
may make the issuance of a short-term rental permit subject to special
conditions established to mitigate the impact of the short-term rental
on surrounding properties and nearby residents. Such conditions may
include, but are not limited to:
(1)Â
Limitations on the number of vehicles per dwelling unit;
(2)Â
Designation of dedicated parking locations for guests or the issuance
of a limited number of parking permits that must be displayed on guest's
vehicles;
(3)Â
Limitations on the number of guests per dwelling unit or per bedroom;
(4)Â
Limitations on the type, size, and number of pets per dwelling unit
based on property characteristics, location, and proximity to other
homes;
(5)Â
Display of signs or placards visible from the street that denote
the property as a short-term rental unit and provide phone numbers
for the local responsible party and alternate contact person;
(6)Â
Prohibition of guest use of certain outdoor areas;
(7)Â
Limited hours for use of outdoor areas; or
(8)Â
Prohibition of special events or for-profit functions.
A.Â
Filing an appeal. Pursuant to the procedures established under this
article and Local Agency Law,[1] an appeal may be filed with the Sewickley Borough Council
by:
(1)Â
An applicant whose application for a short-term rental permit has
been denied or who wishes to appeal any special conditions imposed
by the Borough Manager or Code Enforcement Officer; or
(2)Â
Owners and occupants of dwelling units within 100 feet of the proposed
short-term rental unit that are aggrieved by the issuance of a short-term
rental permit.
[1]
Editor's Note: See 2 Pa. C.S.A. § 551 et seq.
B.Â
Reversal of decision to issue or deny permit. The Sewickley Borough Council may reverse the Borough Manager or Code Enforcement Officer's decision to issue or deny a short-term rental permit if it determines the Borough Manager or Code Enforcement Officer acted in error. If the Sewickley Borough Council finds in favor of the applicant whose application for a permit has been denied, the Borough Manager or Code Enforcement Officer shall issue a short-term rental permit that is in compliance with the Sewickley Borough Council's findings upon completion of any final measures remaining to be completed under § 254-11.
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.Â
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.Â
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.Â
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.
A.Â
Renewal required upon expiration. A short-term rental permit must
be renewed upon its expiration if the operator plans to continue renting
the short-term rental unit. It is a violation of this article to continue
operating a short-term rental unit after the permit has expired; provided,
however, that if no complaints have been submitted to the Borough
or are pending in regard to the short-term rental unit, the permit
holder may continue to operate the short-term rental unit for a thirty-day
grace period following its expiration to allow for submission of a
renewal application.
B.Â
Renewal application. An application for renewal of a short-term rental
permit must include:
(1)Â
All of the same information required for an application for a new permit under § 254-10, provided that no floor plan, site plan, or photographs are required if the permit holder affirms that no changes have been made or are proposed to be made to the short-term rental unit or the property containing the short-term rental unit;
(3)Â
Proof that all other licenses, permits, registrations, and approvals
required by any government entity to lawfully engage in the business
of short-term rentals are current;
(4)Â
Proof that real estate taxes and all applicable local taxes and fee
payments for the operation of the short-term rental unit are current;
and
(5)Â
Payment of a renewal application fee in the amount of $100 plus an
inspection fee of $100 if an inspection is required pursuant to this
article.
C.Â
Floor plan and site plan revisions. A revised floor plan must be
submitted if any changes have been made or are proposed to be made
to the area included as part of the short-term rental unit. A revised
site plan must be submitted if the previous site plan no longer accurately
depicts the property or there are proposed changes to the property
as depicted in the previously approved site plan. Floor plan and site
plan revisions are subject to the following provisions:
(1)Â
Renewal of the short-term rental permit is contingent upon approval
of the revisions by the Borough Manager or Code Enforcement Officer.
If the Borough Manager or Code Enforcement Officer denies approval
of the revisions, the permit holder may submit a revised renewal application
without the revisions.
(2)Â
If the Borough Manager or Code Enforcement Officer determines that the revisions warrant notification to nearby property owners and occupants, the Borough Manager or Code Enforcement Officer may require the permit holder to provide such notification, consistent with the notification requirements applicable to new permit applications under § 254-11.
(3)Â
The Borough Manager or Code Enforcement Officer may impose special conditions in conjunction with approval of the revisions, consistent with the Borough Manager or Code Enforcement Officer's authority under § 254-13.
(4)Â
Pursuant to the procedures established under § 254-14, the permit holder or any other party aggrieved by the Borough Manager or Code Enforcement Officer's decision under this section may appeal the decision to the Sewickley Borough Council. On consideration of the appeal, the Sewickley Borough Council may:
(a)Â
Affirm or reverse the Borough Manager or Code Enforcement Officer's
decision to approve or deny approval of the revisions;
(b)Â
Impose special conditions on the approval of revisions that
were previously denied by the Borough Manager or Code Enforcement
Officer, consistent with the types of special conditions that may
be imposed by the Borough Manager or Code Enforcement Officer; and
(c)Â
Remove or revise any special conditions imposed by the Borough
Manager or Code Enforcement Officer in conjunction with the Borough
Manager or Code Enforcement Officer's approval of the revisions.
(5)Â
Inspection required for renewal at least once every three years.
As a condition of renewal of a short-term rental permit, the applicant
must schedule a new inspection with the Borough Manager or Code Enforcement
Officer at least once every three years to verify that:
(a)Â
The property complies with all applicable building and fire
codes; and
(b)Â
The most recently approved floor plan and site plan accurately
reflect the property.
(c)Â
Nothing shall restrict the Borough from conducting inspections
more frequently as determined in the discretion of the Borough Manager
or Code Enforcement Officer.
D.Â
Failure to pass inspection. If the short-term rental unit fails to
pass the inspection, the applicant may request a reinspection, provided:
(1)Â
The reinspection request is submitted within 60 days of the first
inspection and an additional inspection fee of $100 is submitted to
the Borough;
(2)Â
The Borough Manager or Code Enforcement Officer may, at its discretion,
suspend the short-term rental permit and order that no short-term
rental use take place at the premises unless the unit passes reinspection;
and
(3)Â
The application will be voided and the permit will not be renewed
if the proposed short-term rental unit fails to pass reinspection.
A.Â
Any person violating any of the provisions of this article shall
be subject to a fine of not less than $50 nor 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 and every day that a violation
persists under the terms of this article shall constitute a separate
and distinct offense and shall be subject to separate and distinct
penalties hereunder.
B.Â
Permits may be revoked at the discretion of the Borough Manager or Code Enforcement Officer upon conviction of any persons for three or more property maintenance violations in any twelve-month period, for any single violation or combination of violations that reasonably constitute a nuisance, for failure to adhere to the terms of the short-term rental permit, for violation of the terms of this article, or for any other reasonably justifiable cause as determined by the Borough Manager or Code Enforcement Officer to be in the best interest of the health, safety, and welfare of the community. Revocations of permits shall be appealable pursuant to the procedures set forth in § 254-14 in the same manner as provided for the appeal of the denial of permits.