[HISTORY: Adopted by the Board of Supervisors of the Township
of Middle Smithfield 9-14-2017 by Ord. No. 216; amended in its entirety 8-23-2018 by Ord. No. 221. Subsequent
amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Middle
Smithfield Township Short-Term Rental Ordinance."
A.
The provisions of this chapter shall apply to all residential dwelling
units, conversions of nonresidential structures to residential dwellings,
and all existing premises within the Township of Middle Smithfield.
The owner of the subject property shall be responsible for compliance
with the provisions of this chapter, and the failure of an owner,
person in charge, or renting occupants to comply with the provisions
of this chapter shall be deemed noncompliance by the owner.
B.
This chapter shall not apply to a hotel/motel/inn, bed-and-breakfast,
boarding house, or group home, when the property owner, or a representative,
is present on site at the property on a twenty-four-hour-per-day basis.
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:
November 1 to October 31 the following year.
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.
A visitor to the STR property, but not constituting an occupant.
A dwelling unit as defined by the Middle Smithfield Township
Zoning Ordinance.
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.
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.
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.
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.
Permission granted by the Township to utilize a dwelling
unit for short-term rental use.
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.
A.
Short-term rental license applications shall contain all of the following
information:
(1)
The name, address, email and twenty-four-hour telephone number of
the owner.
(2)
The name, address, email and twenty-four-hour telephone number of
the person in charge if different from the owner. A local person in
charge shall have written authorization to accept service for the
owner.
(3)
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.
(4)
If not on a central sewer system, the location, approximate age and
capacity of the sewage disposal system. The owner of the property
shall provide to the Township, for approval by the Sewage Enforcement
Officer, satisfactory proof that the septic system has been inspected
and is in working condition, and that the tank was pumped within three
years of the owner's application. The owner shall maintain the
STR property's septic system on a pumping schedule of not more
than every three years, and provide the Township satisfactory written
proof of compliance upon its request, or license application renewal.
(5)
Copies of current Monroe County hotel room excise tax certificate
and current Pennsylvania sales and use tax permit.
(6)
Signatures of both the owner and the local person in charge.
(7)
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.
(8)
Copy of the current recorded deed for the property establishing ownership.
B.
A short-term rental license shall be issued only to the owner of
the short-term rental property.
(1)
A separate short-term rental license is required for each dwelling
unit; for two-family or multifamily dwellings, a separate license
shall be required for each dwelling unit being rented as a short-term
rental.
(2)
A short-term rental license is effective for a period of one annual
term, 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 license must be renewed annually and also when any of
the conditions of the short-term rental which are governed by this
chapter are changed.
(3)
The Township will prescribe forms and procedures for the processing
of license applications under this chapter.
(4)
Licenses are nontransferrable. If ownership of an STR changes, the
new owner(s) must complete a new license application form before renting
out any part of the dwelling unit for a short-term rental and must
pay the annual fee.
(5)
The owner or person in charge shall respond to the Code Official
within one hour after being notified of the existence of a violation
of this chapter or any disturbance requiring immediate remedy or abatement.
If the person in charge is not the owner, they shall immediately advise
the owner of any notification of a violation.
B.
The maximum number of day guests allowed at any one time, in addition
to the occupants, shall be 75% for the maximum permitted occupancy
of the short-term rental.
C.
The number of bedrooms permitted for a short-term rental shall not
exceed the number of bedrooms approved for the dwelling unit on the
sewage permit issued for such property. Where there is no sewage permit
on record, the short-term rental shall be limited to three bedrooms
unless proof is provided to the Sewage Enforcement Officer that the
septic system is adequate to handle additional flows. Any short-term
rental advertising more than five bedrooms shall provide proof that
the septic system is adequate to handle such flows by having the system
approved by the Sewage Enforcement Officer, or by providing a septic
permit previously issued by a Sewage Enforcement Officer. If a sewage
system malfunction occurs, short-term rental of the dwelling unit
shall be discontinued until the malfunction is corrected in accordance
with Township and Pennsylvania Department of Environmental Protection
requirements.
D.
Outdoor parking for occupants and day guests shall be limited to
available parking areas on the short-term rental property. In no event
shall parking for short-term rental tenants include spaces in any
public street right-of-way or on any lawns or vegetated areas. A maximum
of one car per bedroom is permitted for any short-term rental unit.
E.
A short-term rental property shall not have any outside appearance
indicating a change of use from the surrounding residential uses.
F.
Neither short-term rental occupants nor guests shall engage in disorderly
conduct or disturb the peace and quiet of any nearby neighborhood
or person by loud, unusual or excessive noise, by tumultuous or offensive
conduct, public indecency, threatening, traducing, quarreling, challenging
to fight or fighting, or creating a dangerous or physically offensive
condition.
G.
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 Middle Smithfield Township 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.
H.
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 Middle Smithfield Township 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.
I.
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.
J.
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)
The name of the owner of the unit or the person in charge and a telephone
number at which that party can 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)
The maximum number of all vehicles allowed to be on the property
and the requirement that all guest parking must be parked 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)
The trash pickup day and notification that trash and refuse shall
not be left or stored on the exterior of the property.
(6)
Notification that an occupant or guest may be cited and fined for
creating a disturbance or for violating other provisions of the Middle
Smithfield Township Code, including parking and occupancy limits.
(7)
Notification that short-term rental occupants and guests are required
to make the dwelling unit available for inspection by the Zoning Officer
upon request.
K.
All short-term rentals shall be equipped with the following:
(1)
Smoke detectors in each bedroom;
(2)
Smoke detectors outside each bedroom in common hallways;
(3)
Smoke detectors on each floor;
(4)
GFI outlets for outlets located within six feet of water source;
(5)
Aluminum or metal exhaust from dryer;
(6)
Carbon monoxide detector if open flame (oil or gas) furnace, gas
or wood fireplace, or wood-burning stove;
(7)
Carbon monoxide detector if garage is attached;
(8)
Fire extinguisher in kitchen conspicuously located;
(9)
Stairs (indoor and outdoor) in good condition;
(10)
Swimming pools, hot tubs and spas must meet the barrier requirements
as indicated in Appendix G of the 2009 International Residential Code;
and
(11)
Any other occupancy requirements which may be added by ordinance
revision by the Board of Supervisors.
A.
Short-term rental fees, payable to Middle Smithfield Township upon
the filing of a short-term rental license application, shall be in
such amount as may be established by resolution duly adopted by the
Board of Supervisors.
B.
Any short-term rental license is good for a period not to exceed
one year from the date of issuance and must be renewed annually. Short-term
rental license renewal fees, payable to Middle Smithfield Township
upon the filing of a short-term rental license renewal application,
shall be in such amount as may be established by resolution duly adopted
by the Board of Supervisors.
C.
Short-term rental license renewal applications shall contain information
regarding any changes from the immediately preceding application with
respect to matters governed by this chapter.
D.
In connection with the establishment and adoption of fee schedule
under this chapter, the Board of Supervisors may adopt a policy of
exempting a property owner from license renewal fees in a calendar
year based on the property owners' compliance with this chapter,
and all other Township regulations, in the prior calendar year.
A.
The administrator of this article shall be the Zoning Officer, which
shall include any appointed Assistant Zoning Officers. The Zoning
Officer shall have the responsibility and authority to administer
and enforce all provisions of this chapter.
B.
The issuance of a short-term rental license is not a warranty that
the premises is lawful, safe, habitable, or in compliance with this
chapter.
C.
If there is reason to believe that any provision of this chapter
is being violated, the Board of Supervisors may enter or may cause,
through an authorized representative of the Township, entry onto premises
for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within the Township for ascertaining
the existence of violations. In those matters where 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 his agent to secure access thereof.
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.
A.
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 $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by Middle Smithfield
Township in the enforcement proceedings, and/or be imprisoned to the
extent allowed by law for the punishment of summary offenses. Each
day or portion thereof that a violation exists or continues shall
constitute a separate violation. Further, the appropriate officers
or agents of Middle Smithfield Township 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
Middle Smithfield Township for its general use.
B.
In addition to, but not in limitation of, the provisions of Subsection A and § 150-12, the Zoning Officer may either revoke, or deny an application to renew, a short-term rental license for three uncured or repeated violations of this chapter in any rolling twelve-calendar-month period. The revocation or denial to renew a short-term rental license shall continue for six months for the first set of three uncured or repeated violations, and continue for one year for any subsequent sets of violations.
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.
Appeals of a determination of the Zoning Officer under this chapter
to deny any application for, or to renew, a short-term rental license,
or to revoke a short-term rental license, shall be filed with the
Board of Supervisors within 30 days of the date of the denial of application
or revocation of license. Appeal shall be processed as follows:
(1)
All appeals shall be in writing and signed by the appellant on forms
prescribed by the Township and shall be accompanied by a fee, the
amount of which shall be established by the Township Supervisors,
which may include notice and advertising costs and necessary administrative
overhead in relation to the hearing.
(2)
Each appeal shall fully set forth the determination appealed from,
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.
Hearings. The Board of Supervisors 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,"[1] and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant, the Zoning 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 Board of Supervisors, but not less than 15 days prior
to the hearing.
(2)
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)
The hearings shall be conducted by the Board of Supervisors. The
decision or, where no decision is called for, the findings shall be
in writing by the Board of Supervisors 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)
The Chairman or Acting Chairman of the Board 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)
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)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Board of Supervisors 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 the Board of Supervisors, 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)
The Board of Supervisors 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.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
