[Ord. No. 7-2018, 12/11/2018]
The preamble of this ordinance is incorporated herein by reference
and approved as part hereof.[1]
[1]
Editor's Note: Said preamble read as follows:
WHEREAS, short-term rentals (STRs) of dwellings have become
a significant segment of the local tourism economy; and
WHEREAS, short-term rentals of dwellings provide a community
benefit by expanding the number and type of lodging facilities available
and assist owners of single-family homes by providing revenue which
may be used for maintenance, upgrades and deferred costs; and
WHEREAS, while the majority of these short-term rentals operate
without a problem, there have been complaints to the Township regarding
excessive noise, parking, litter, and concerns regarding security,
public safety, and trespass; and
WHEREAS, the transitory nature of occupants of short-term
rentals makes enforcement against the occupants difficult; and
WHEREAS, the provisions of this ordinance are necessary to
prevent the continued burden on Township and community services and
impact on residential neighborhoods posed by short-term rentals; and
WHEREAS, the provisions of this ordinance are necessary to
provide for a system of inspections and for issuance and renewal of
licenses and to establish penalties for violations.
NOW THEREFORE, BE IT ORDAINED AND ENACTED by the Board of
Supervisors of South Hanover Township, Dauphin County, Pennsylvania,
and it is hereby ordained and enacted as follows.
[Ord. No. 7-2018, 12/11/2018]
This article shall be known as the "Short-Term Rental Ordinance
of South Hanover Township."
[Ord. No. 7-2018, 12/11/2018; Ord. No. 5-2021, 5/25/2021]
This article shall be construed to secure its expressed purpose
of promoting the public health, safety and general welfare of the
residents of South Hanover Township. This article shall apply to all
existing and future properties that are used as short-term rentals
(STR) in South Hanover Township which are located in the Residential/Agricultural,
Commercial Highway and Village Zoning Districts as set forth and established
by the South Hanover Township Zoning Ordinance and shall constitute
the minimum requirements and standards for the operation of any STR.
STRs may be operated only in the Residential/Agricultural, Commercial
Highway and Village Zoning Districts.
[Ord. No. 7-2018, 12/11/2018]
1.
For the purpose of this article, certain terms, phrases and words
are defined as follows:
A.
Tense, gender, and number. Words used in the present tense include
the future; words in the masculine gender include the feminine and
the neuter; the singular number includes the plural and the plural
singular.
B.
General terms. The words "shall," "will" or "must" are always mandatory;
the words "should" or "may" are permissive. The words "used for" include
"designed for," "arranged for," "intended for," "maintained for" or
"occupied for." The word "building" includes "structure" and shall
be construed as if followed by the phrase "or part thereof." The word
"person" includes "individual," "profit or nonprofit organization,"
"partnership," "company," "LLC," "incorporated association" or other
similar entities.
C.
Terms, phrases, and words not defined. When terms, phrases or words
are not defined, they shall have their ordinarily accepted meaning
or such as the context may imply.
D.
BEDROOM
CODE OFFICIAL
DWELLING UNIT
OCCUPANCY
OWNER
PERSON
PERSON IN CHARGE
SHORT-TERM RENTAL (STR)
STR ANNUAL TERM
STR LICENSE
TENANT
Specific terms. Terms or words used herein, unless otherwise expressly
stated, shall have the following meanings:
Any room or space designed to be used or intended to be used
for sleeping purposes. Space used for eating, cooking, bathrooms,
toilet rooms, closets, halls, storage or utility rooms and similar
uses are not considered bedrooms.
The official who is charged with the administration and enforcement
of this article, or any duly authorized representative.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The purpose for which a building or portion thereof is utilized
or occupied.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the commonwealth, county or Township as holding title to
the property; or otherwise having control of the property, including
the guardian of the estate of any such person, and the executor or
administrator of the estate of such person.
An individual, corporation, partnership, LLC, or any other
group acting as a unit.
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
STRs.
Any dwelling unit owned or managed by a person which is rented
or leased for a period of 30 consecutive calendar days or less. STRs
may be, but are not required to be, owner-occupied.
January 1 to December 31 of the year.
The written grant of the right to operate an STR pursuant
to the specific terms of the license granted to a specific owner.
Shall refer to the primary individual who has entered into
an agreement with the owner or owner's agent for the temporary use
of an STR for 30 consecutive calendar days or less. Such individual
must be at least 21 years of age.
[Ord. No. 7-2018, 12/11/2018]
The Township Board of Supervisors will appoint one or more code
officials, who may be the Township Zoning Officer or Code Enforcement
Officer, a South Hanover Township employee or a contracted individual,
firm or agency, to conduct inspections, make reports, administer this
article and enforce this article. The code official shall inspect
any STR property at the time an initial application has been submitted
for the purpose of determining its qualification for license, may
inspect any STR property at the time application has been submitted
for license renewal, and may inspect any STR property if a complaint
is received and the substance of the complaint requires further inspection.
[Ord. No. 7-2018, 12/11/2018]
1.
Effective upon enactment of this article, all owners must obtain
a license for all dwelling units intended for use as short-term rentals
(STRs) prior to renting out a dwelling unit as an STR. Operating an
STR without a license is a violation of this article and is subject
to the criminal prosecution and the penalties set forth below, owners
or their agents must complete the STR license application and submit
it to the Township Zoning Officer for processing. No property may
be used as an STR until a license has been granted by the Zoning Officer.
2.
The Township will prescribe the forms and procedures for processing
of license applications under this article. The owners must provide
all requested information concerning the dwelling unit and must agree,
in writing, to comply with all the requirements of this article.
3.
Licenses are nontransferable. 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.
4.
Upon the submission of a complete application to operate an STR,
the Township will have 15 business days to inspect the property and
either grant or deny the request for a license. If, after 15 business
days, the Township has not acted on the application, the application
shall be deemed denied. If the application is denied due to the lack
of information, the applicant will be given the opportunity to provide
the requisite information and resubmit the application.
A.
License requirements:
(1)
The STR license shall only be issued in the name of the owner
of the STR property.
(2)
A separate license is required for each STR property.
(3)
Each owner shall maintain at least $500,000 in liability insurance
on the STR for the full duration of the license term and provide proof
of the same to the Township.
(4)
A copy of the current Dauphin County hotel room excise tax certificate
and current Pennsylvania sales tax license.
(5)
A copy of their STR form agreement which states that the Tenant(s)
acknowledge that violation of the STR agreement or this article may
result in termination of the owner's(s') STR license.
(6)
All STRs must be either owner-occupied or, if not owner-occupied,
must designate a local person in charge. A person in charge, who may
or may not be an/the owner, must reside in or have an office within
15 miles of the STR property and be able to act as the legal agent
for the owner(s). The Township must be notified, in writing, within
14 days of the change if there is a change of ownership or in the
identity of the person in charge.
(7)
The owner or person in charge shall respond to the code official
within one hour after being notified by the code official of the existence
of a violation of this article 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.
Owners and persons in charge must maintain all STR dwelling units
under their ownership and/or control in compliance with all applicable
Township ordinances and regulations as established by the Township.
Owners, persons in charge, and tenants shall be liable for violations
of laws and/or ordinances, including, but not limited to, occupancy
violations, at STR dwelling units under their ownership, control,
or occupancy.
(8)
The condition of any STR must fully comply with the International
Residential Code currently in use as adopted by the Commonwealth of
Pennsylvania and other relevant laws and codes.
(9)
The owner shall limit overnight occupancy of the STR to the
specific number of tenants designated in their STR license.
(10)
Overnight occupancy of an STR dwelling unit shall be limited
to no more than two persons per bedroom plus four additional persons
per dwelling unit. The maximum number of day guests allowed at any
one time, in addition to the overnight occupants, shall not exceed
75% of the maximum overnight occupancy of the STR.
(11)
Density and proximity limitation.
[Amended by Ord. No. 7-2020, 9/8/2020]
(a)
A new license for an STR shall not be issued in
the Residential-Agricultural (RA) Zone if there are already eight
STR dwelling units within a one-mile radius of the property applying
for a license.
(b)
No STR dwelling units shall be permitted within
1,000 feet of a lot on which another STR dwelling unit is located.
(12)
No on-street or yard parking, or parking on unpaved areas of
the property, will be permitted at any time. No tents are permitted.
No recreational vehicles, campers, buses or other large vehicles may
be parked on the STR property by tenants at any time. Outdoor overnight
sleeping of tenants or guests is prohibited. Outdoor fires are prohibited.
(13)
The owner is responsible for any trash or noise disturbance
that is created or caused by any tenant. Failure to have adequate
trash storage and weekly collection service or to stop a noise disturbance
caused by a tenant will result in a notice of violation.
B.
License posting requirement. Each STR license granted will include
a public notice placard. It is the owner's responsibility to post
the notice on the inside of the front door of the dwelling unit. This
notice shall remain on the front door at all times, and it is the
owner's responsibility to ensure that it remains legible.
[Ord. No. 7-2018, 12/11/2018]
1.
The license term for all STRs runs from January 1 to December 31.
The initial licenses granted hereunder shall run until December 31
of 2019, regardless of when they were actually issued.
2.
The annual STR license fee is per dwelling regardless of the point
in a calendar year that a license is obtained. Fee(s) are established
by resolution and are set forth in the Township Fee Schedule, which
may change from time to time. Fee(s) must be paid at the time the
application is submitted for approval. If an application is denied,
your fee(s) shall be refunded, minus the inspection fee. Otherwise,
no license fee(s) are to be prorated or refunded.
3.
Short-term rentals existing on date of adoption of this article shall
have 30 days after adoption of application to make application for
short-term license.
[Ord. No. 7-2018, 12/11/2018]
Each STR license shall be renewed annually. Failure to pay the renewal license fee will immediately terminate the STR license. Annual STR license renewal will not be approved unless all required licensing conditions are met as set forth in § 27-14C06 above. In addition, verification that all owed hotel and sales taxes have been paid shall be provided. License renewal applications must be filed on or before November 15 of the prior year.
[Ord. No. 7-2018, 12/11/2018]
1.
All STRs shall be subject to inspection by the Zoning Officer and
the code official to verify application information and compliance
with all license, license renewal and/or operating requirements.
2.
The issuance of an STR license or inspection is not a warranty that
the premises is lawful, safe, habitable, or in compliance with this
article or any other applicable ordinances. Rather, the license indicates
that the premises is either set to be inspected on a routine basis
or, if inspected, the premises met this article or other applicable
ordinance requirements on the day and at the time of the inspection.
3.
If there is reasonable cause to believe that any provision of this
article is being violated, the Board of Supervisors may enter or may
cause, through an authorized representative of the Township, entry
onto the STR for the purpose of inspection of any and all STRs, 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 the person in charge to secure access thereof.
Upon such request, the owner or person in charge shall provide access.
[Ord. No. 7-2018, 12/11/2018]
The marketing of an STR in which the advertised occupancy exceeds
the maximum occupancy requirements permitted by the owner's STR license,
or which promotes any other activity which is prohibited by this article,
shall be a violation of this article.
[Ord. No. 7-2018, 12/11/2018]
If it appears to a code official that a violation of this article
or an issued STR license exists or has occurred, the code official
shall provide a written notice of violation to the owner, delivered
personally, or 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 article or regulations which are
violated, indicate the action required to correct the violation, and
provide a time frame (established by the code official based upon
the nature of the violation) to correct the violation. The time frame
may be immediate; however, in no event shall the time within which
to correct the violation exceed seven days.
[Ord. No. 7-2018, 12/11/2018]
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 STRs, a violation of any of
the provisions of this article is declared to be a public nuisance.
[Ord. No. 7-2018, 12/11/2018]
1.
Any violation of this article shall be enforced in accordance with § 27-2111, Violations, of the Code of Ordinances of the Township of South Hanover.
2.
In addition to, but not in limitation of, the provisions of this
section, the Zoning Officer or code official may either revoke, or
deny an application to renew, an STR license for failure to comply
with the STR license or the provisions of this article or to provide
accurate information on the STR license application. The STR license
shall be revoked for a period of one year after the owner has been
convicted of their second violation. A revoked STR license may not
be renewed for a period of one year. The Zoning Officer or code official
shall issue, in writing, a notice of revocation to the owner.
[Ord. No. 7-2018, 12/11/2018]
If the premises are owned by more than one owner, each owner
shall jointly and severally be subject to prosecution for a violation
of this article.
[Ord. No. 7-2018, 12/11/2018]
1.
Appeals of a determination of the Zoning Officer or code official
under this article to deny any application for, or renewal of, an
STR license, or to revoke an STR license, shall be filed with the
Zoning Hearing Board of the Township of South Hanover at the Township's
business office within 30 days of the date of the determination appealed
from. Appeals shall be processed as follows:
A.
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 costs in relation to the hearing.
B.
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 or circumstances
of the case.
2.
The Zoning Hearing Board of the Township of South Hanover shall conduct hearings and make decisions pursuant to the requirements of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and supplemented, and § 27-2112 of the Code of Ordinances of the Township of South Hanover.
[Ord. No. 7-2018, 12/11/2018]
If any section, provision or portion of this article 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 article, so long as it remains legally enforceable
minus the invalid portion. The Township reserves the right to amend
this article 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 article and the effective administration thereof.
[Ord. No. 7-2018, 12/11/2018]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
[Ord. No. 7-2018, 12/11/2018]
This article shall become effective five days after enactment.
