This chapter shall be known as and may be cited as the "Middle
Smithfield Township Short-Term Rental Ordinance."
This chapter is not intended to, and does not, excuse any landowner
from compliance with the Middle Smithfield Township 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.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
ANNUAL TERM
November 1 to October 31 the following year.
BEDROOM
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), a closet, 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, sitting room or similar is not to
be considered a bedroom.
DAY GUEST
A visitor to the STR property, but not constituting an occupant.
DWELLING UNIT
A dwelling unit as defined by the Middle Smithfield Township
Zoning Ordinance.
OCCUPANT
Person staying at the STR overnight. A person located on
the STR premises shall be deemed an occupant unless established otherwise
by the owner, person in charge or tenant.
OWNER
Person having legal or equitable ownership of the STR property.
If there is more than one such person, then "owner" shall mean each
such person, individually and jointly.
PERSON IN CHARGE
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
STRs. A person in charge must reside or have an office within 15 miles
of the STR property and be able to act as the legal agent for the
owner. The Township must be notified, in writing, within 14 days if
there is a change in the identity of the person in charge.
SHORT-TERM RENTAL
Any dwelling unit utilized as a single-family residence rented
for the purpose of overnight lodging for a period of 30 days or less,
and which meets the definition of hotel for the purpose of imposing
an excise tax by the County of Monroe as defined in the County of
Monroe Ordinance No. 2004-03, as amended. Referred to as "STR" in
this chapter.
TENANT
Shall refer to the primary individual who signed an agreement
with the owner or owner's agent for the temporary use of the
STR for 30 consecutive calendar days or less.
No owner of any property in Middle Smithfield Township shall
operate a short-term rental in Middle Smithfield Township without
first obtaining a short-term rental license from the Zoning Officer.
Operation of a short-term rental without such short-term rental license
is a violation of this chapter.
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 an Enforcement Officer that a violation of
this chapter exists or has occurred, the Enforcement Officer shall
send a written notice of violation to the owner or person in charge
by personal delivery or to the owner by both United States first-class
and certified mail. The Enforcement Notice 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 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 Township and community services and impacts
on residential neighborhoods posed by short-term rentals, a violation
of any of the provisions of this chapter is declared to be a public
nuisance.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for a violation of this
chapter.