This chapter shall be known as "The Short-Term Rental Ordinance
of Hanover Township, Northampton County, Pennsylvania (the "Township").
This chapter is not intended to, and does not, excuse any landowner
from compliance with the 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 purpose of this chapter, 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" includes
"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," "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. Specific terms. Terms or words used herein, unless otherwise expressly
stated, shall have the following meanings:
BEDROOM
Any room or space designed to be used or intended to be used
for sleeping purposes. Spaces used for eating, cooking, bathrooms,
toilet rooms, closets, halls, storage or utility room and similar
uses are not considered bedrooms.
CODE OFFICIAL
The official who is charged with the administration and enforcement
of this chapter, or any duly authorized representative.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
OCCUPANCY
The purpose for which a building or portion thereof is utilized
or occupied.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, 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 if ordered to take possession of real
property by a court.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
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.
SHORT-TERM RENTAL (STR)
Any dwelling unit owned or managed by a person which is rented
or leased for a period of less than 30 days.
STR LICENSE
The written grant of the right to operate a STR pursuant
to the specific terms of the license granted to a specific owner.
TENANT
For purposes of this chapter the term "tenant" shall refer
to the primary individual (transient tenant) who signed an agreement
with the owner or owner's agent for the temporary use of a STR
for 30 consecutive calendar days or less. Such individual must be
at least 21 years of age.
The Township Board of Supervisors will appoint one or more Code
Officials, who may be the Township Zoning Officer or Code Enforcement
Officer, or a contracted individual, firm or agency, to conduct inspections,
make reports, administer and enforce this chapter. The Code Official
may inspect any STR property at the time an application has been submitted
for the purpose of determining its qualification for a license or
if it receives a complaint substantiated by the Zoning Officer or
Code Official that the STR is in violation of the license or the chapter.
The STR license annual term for all STRs runs from November
1 to October 31 of the following year. The initial STR licenses granted
hereunder shall run until October 31 of 2018 regardless of when they
were actually issued. The STR license fee is per STR, regardless of
the point in a calendar year that a STR license is obtained. License
fees are set forth in the Township Fee Schedule which may change from
time to time. License fee(s) must be paid at the time the STR license
application is submitted for approval. If your STR license application
is denied your fee(s) shall be refunded, minus an inspection fee.
Otherwise, no license fee(s) are to be prorated or refunded.
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, including but not limited to, verification that
all owed hotel and sales taxes have been paid.
The marketing of a 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 chapter, shall be a violation of this chapter.
If it appears to a Code Official that a violation of this chapter
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 STR which is the subject
of the violation, enumerate the conditions which constitute the violation,
cite the specific sections of this chapter 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.
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 chapter is declared to be a public nuisance.
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 chapter.