Borough of Stroudsburg, PA SHORT-TERM RESIDENTIAL RENTAL LICENSING

This Part shall apply to all residential dwelling units, conversions of nonresidential structures to residential dwellings, and all existing premises within Stroudsburg Borough where short-term rentals are permitted under the Stroudsburg Borough Zoning Ordinance as amended. Property owners are responsible for compliance with the provisions of this Part. Failure of any owner, management company, agent/agency, employee, local contact person or short-term rental occupants to comply with the provisions of this Part shall be deemed noncompliant and a violation attributed to the owner.

§ 27-1503 Nuisance Declared.

[Ord. No. 1087, 5/5/2020]

In the interest of protecting and promoting the public health, safety and welfare, and minimizing the burden on the Borough and community services and impacts on residential neighborhoods posed by short-term rental homes, the violation of any of the provisions of this Part is declared to be a public nuisance.

§ 27-1504 Definitions.

[Ord. No. 1087, 5/5/2020]

As used in this Part, the following terms shall have the meanings indicated:

BEDROOM

A room containing a minimum of 80 square feet that is used as a sleeping room and for no other primary purpose.

LOCAL CONTACT PERSON

A person or agent with actual authority to represent the owner for purposes of contact and communication regarding the owner's short-term residential rental. A person in charge must reside or have an office within 15 miles of the short-term rental property and have written legal authority as agent for the owner. Stroudsburg Borough must be notified in writing within 14 days of any change in the identity of the local contact person.

SHORT-TERM RENTAL

Any dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for period of 30 days or less and which meets the definition of "hotel" for purposes of imposing an excise tax by the County of Monroe as defined in County of Monroe Ordinance 2004-03, as amended.

SINGLE HOUSEKEEPING UNIT

A group of individuals in a single household functioning as a family within that household where the composition of the group is sufficiently stable and permanent so as not to be fairly characterized as purely transient.

§ 27-1505 Local Contact Person.

[Ord. No. 1087, 5/5/2020]

Designation. Each owner of a short-term home rental shall designate a local person, property manager or agent as a local contact person who has access and authority to assume management of the unit and take remedial measures. An owner of a short-term home rental who resides within 15 miles of the short-term home rental may designate himself as the local contact person. The local contact person shall respond to the Enforcement Officer within two hours after being notified by the Enforcement Officer or other Borough official of the existence of a violation of this Part or any disturbance requiring immediate remedy or abatement. If the local contact person is not the owner, the local contact person shall immediately advise the owner of any notification of a violation.

Responsibility. The owner of the short-term rental is responsible for compliance with the provisions of this Part and the failure of an agent, managing agency, or local contact person to comply with this Part shall be deemed noncompliance by the owner.

§ 27-1506 Application for Short-Term Home Rental License.

[Ord. No. 1087, 5/5/2020]

License Required. A short-term home rental license shall be required when any dwelling unit in a single-family dwelling or a two-family/multifamily dwelling is rented for a period of 30 consecutive calendar days or less.

License Renewal. A license shall be renewed no less than annually, or whenever any of the conditions of the rental which are governed by this Part are changed.

Separate Licenses. For two-family or multifamily dwellings, a separate license shall be required for each dwelling unit being rented pursuant to the definition of "short-term home rental."

Issuance to Owner. The license shall be issued only to the owner of the short-term home rental.

Forms and Procedures. The Enforcement Officer is authorized to prescribe forms and procedures for the processing of licenses under this Part.

Inspection Authorization. The owner, by making application for a license and/or accepting issuance of a license grants permission for any and all inspections authorized by § 27-1510.

Family/Multifamily Short-Term Home Rentals. No building shall be used as a short-term home rental that has two or more dwelling units unless said building has been approved by the Borough as a two-family or multifamily dwelling. If such approval has been granted by the Borough and one or more of the dwelling units, but not necessarily all, are being rented as set forth in the definition of "short-term home rental," then the requirements of this Part shall apply to such rental unit or unit.

Application Required; Information. An application for a license shall be filed with the Enforcement Officer before use of the property as a short-term home rental. License applications for properties presently used as short-term home rental shall be filed within 90 days of the effective date of this Part. The application shall contain the following information:

The name, address, telephone number and e-mail address of the owner of the short-term home rental for which the license is issued. If the owner does not have a managing agency, agent or local contact person, then owner shall provide a twenty-four-hour telephone number.

The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person for the owner of the short-term home rental.

Acknowledgment that all designated bedrooms contain a minimum of 80 square feet.

The number of bedrooms (each containing the required minimum of 80 square feet) and the maximum number of overnight occupants.

If the building is a two-family/multifamily dwelling structure, the number of dwelling units and the number of dwelling units being used as a vacation rental.

A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.

For properties serviced by on-site sewage disposal, the location, approximate age and capacity (if known) of the sewage disposal system.

Acknowledgment that the owner, agent, and/or local contact person have read all regulations pertaining to the operation of the short-term home rental.

Acknowledgment that the owner, agent, or local contact person will post and maintain the short-term home rental with the notice required in § 27-1508.1L.

Acknowledgment that the owner, agent, or local contact person will post and maintain the exterior or the premises of the short-term home rental with a sign clearly visible from the adjoining road stating VACATION HOME RENTAL LICENSE # (license number included).

(1)

The sign shall be:

(a)

A minimum of four inches and a maximum of nine inches high, and long enough to contain the required information.

(b)

Constructed of extruded or rolled aluminum with a minimum thickness of 0.080 inch.

(c)

Faced with Class I, Class I-A or Class II reflective sheeting as listed in the most current PennDOT Publication 35 and have letters a minimum of three inches high in a black, plain blocked font on a white or silver background.

Copy of a current Monroe County Hotel Room Excise Tax Certificate and current Pennsylvania Sales Tax License.

Other information the Enforcement Officer deems reasonably necessary to administer this Part.

Inspection Authorization. The owner, by making application for a permit and/or accepting issuance of a permit grants permission for any and all inspections to confirm compliance with the terms and conditions of this Part.

Inspection; Fee. If the information supplied by the property owner on the application for a short-term home rental license is not consistent with the Borough records, an inspection can be required prior to or after the issuance of the short-term home rental license. An inspection fee established by resolution of the Borough Council shall be charged for any inspection.

§ 27-1507 Application and Renewal Fees.

[Ord. No. 1087, 5/5/2020]

An application for a short-term home rental license shall be accompanied by an initial fee established by resolution of the Borough Council. An annual renewal fee shall be established by resolution of the Borough Council which license holders shall pay when renewing their license issued pursuant to this Part.

§ 27-1508 Operational Standards and Conditions.

Standards. All licenses issued pursuant to this Part are subject to the following standards:

The owner shall, by written agreement, limit overnight occupancy of the short-term home rental to the specific number of occupants designated in the license, with the number of overnight occupants not to exceed two persons per bedroom plus four additional persons per residence.

The maximum number of day guests allowed at any one time shall be 75% of the maximum occupancy of the short-term home rental.

The number of bedrooms permitted for a short-term home rental shall not exceed the number of bedrooms approved for the dwelling on the sewer license issued for such property.

The owner shall, by written agreement, limit the number of all vehicles of overnight occupants and day guests to the number designated in the license with the number of all vehicles not to exceed the number of designated on-site parking spaces.

(1)

All parking for overnight guests and day guests shall be designated in the license and shall be located on the owner's property and not in any private, community or public right-of-way.

(2)

The required number of parking spaces may include spaces in a garage which can accommodate vehicles.

(3)

All parking spaces shall be improved to a mud-free condition with paving, stone or similar material and shall count as part of the maximum lot coverage established by the Borough Zoning Ordinance.

(4)

Each vehicle parking space shall be a rectangle with a minimum width of nine feet and a minimum length of 18 feet and adequate aisle width shall be provided to facilitate access and use of the spaces.

(5)

If the short-term home rental is accessed directly by the Borough or state road, all parking spaces shall be accessed from the driveway serving the short-term home rental and not directly from the Borough or state road.

The owner shall use best efforts to assure that the occupants or guests of the vacation home rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Part or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term home rentals and responding when notified that occupants are violating laws regarding their occupancy. It is not intended that the owner, local agent, or contact person act as an Enforcement Officer or place himself or herself in harm's way. The owner shall, upon notification that occupants or guests of the short-term home rental have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of this Part 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.

Any lights used for exterior illumination shall direct light away from adjoining properties. Lighting shall be pointed/shielded downward to minimize upward glare.

Occupancy of recreational vehicles, camper trailers and tents shall not be allowed. Children under the age of 13 are allowed to "camp out" in a tent on the premises.

The use of open fires, fire pits, charcoal-burning grills or other devices (as applicable) shall be the responsibility of the owner or local contact and shall comply with the Borough of Stroudsburg Outdoor Burning Ordinance (Chapter 7, Part 1). All open fires shall be extinguished by 12:00 midnight.

The owner of the short-term home rental shall post a copy of the license and a copy of the conditions set forth in this § 27-1508 in a conspicuous place within the short-term home rental.

Notice.

(1)

Each short-term home rental shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:

(a)

The name of the managing agency, agent, property manager, local contact, or owner of the unit, and a telephone number at which that party may be reached on a twenty-four-hour basis;

(b)

The maximum number of occupants permitted to stay in the unit and the maximum number of day guests permitted at any one time;

(c)

The maximum number of all vehicles allowed to be parked on the property and the requirement that all renter/guest parking must be on the property and not in any private, community or public right-of-way;

(d)

The number and location of on-site parking spaces and the parking rules for seasonal snow removal and emergency vehicle access (if any);

(e)

The trash pick-up day and notification that trash and refuse shall not be left or stored on the exterior of the property except from 6:00 p.m. of the day prior to trash pickup to 6:00 p.m. on the day designated for trash pick-up unless a bear-proof container exists for use by the occupants;

(f)

Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of this Part; and

(g)

Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this Part subject to a citation and fines.

(2)

The occupants of a vacation rental home shall make the notice required by this subsection available for inspection by the Enforcement Officer upon request.

All residential short-term home rentals shall comply with the following standard: It is unlawful for any person to maliciously and willfully disturb the peace of any neighborhood, person, or family by loud or unusual noises or by tumultuous and offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting.

All short-term home 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 from open flame (oil or gas) furnace, gas or wood fireplace, or wood burning stove;

(7)

Aluminum or metal exhaust from dryer;

(8)

Carbon monoxide detector if garage is attached;

(9)

Fire extinguisher in kitchen;

(10)

Stairs (indoor and outdoor) in good condition;

(11)

Swimming pools, hot tubs and/or spas must meet the barrier requirements as indicated in Appendix G of the 2009 International Residential Code; and

(12)

Any other occupancy requirements which may be added by ordinance revision of the Stroudsburg Borough Council.

Compliance With Other Ordinances. Compliance with this Part is in addition to and not in lieu of any other applicable ordinance and standards of Stroudsburg Borough.

License Conditions. The Enforcement Officer shall have the authority to impose additional conditions on any license or renewal in the event of any prior violation of the conditions of the license or the provisions of this Part.

§ 27-1509 Enforcement Officer(s).

[Ord. No. 1087, 5/5/2020]

Appointment. The Borough Council may appoint one or more Enforcement Officers, who may be an individual, firm or agency of the Borough of Stroudsburg, contracted security firm or contracted police department, to conduct inspections, make reports and administer other parts of this Part as determined by the Borough Council.

Duties. The administrative, inspection and enforcement responsibilities established by this Part may be delegated to different Enforcement Officers appointed in accord with § 27-1509A.

Consultation. The Enforcement Officer, with the authorization of the Borough Council, may engage the services of competent engineers or other consultants to determine the nature and extent of any violation.

§ 27-1510 Inspections and Access.

[Ord. No. 1087, 5/5/2020]

Inspection. All places and premises in the Borough of Stroudsburg shall be subject to inspection by the Enforcement Officer to verify application, license or operating requirements or if there is reason to believe that any provision of this Part is being violated.

Interference. Provided the short-term home rental unit is accessed in accord with this § 27-1510, it shall be unlawful for any person to hinder, delay, resist or prevent the Enforcement Officer from having full access to any place or premises upon which a violation of this Part is believed to exist.

§ 27-1511 Marketing.

[Ord. No. 1087, 5/5/2020]

The marketing of a short-term home rental which exceeds the maximum occupancy requirements permitted by this Part or which promotes any other activity which is prohibited by this Part shall be a violation of this Part subject to the penalties and costs of § 27-1514. The owner or local contact person shall provide to the Enforcement Officer a copy of all advertisements relating to the short-term home rental.

§ 27-1512 Enforcement Action.

[Ord. No. 1087, 5/5/2020]

Violation in Progress. Upon receipt of a verbal complaint of a violation in progress and if the complainant's name and address is provided, the Enforcement Officer shall immediately notify the owner and/or the local contact person of the complaint. The Enforcement Officer shall have no obligation to respond to any violation in progress at the property in question, unless the Borough has appointed a police officer or police department to act as the Enforcement Officer for this Part.

Violation Preceding Complaint. Upon receipt of a complaint of a violation which occurred prior to the date of the complaint, the Enforcement Officer shall not be obligated to proceed with any action to determine if a violation of this Part exists unless such complaint is made in writing and it includes the name and address of the person registering the complaint.

Confidentiality. The Enforcement Officer shall maintain the confidentiality of the name and address of the person registering the complaint unless otherwise required by law to release such information.

In addition to the rights and remedies set forth elsewhere in this Part, the Borough reserves the right to enforce violations of any health, safety and/or welfare, nuisance condition by the owner, short-term home rental occupant, guest or invitee in accordance with this or other chapters of the Stroudsburg Borough Code.

§ 27-1513 Notice to Violators.

[Ord. No. 1087, 5/5/2020]

Service of Notice. Whenever the Enforcement Officer determines that a violation of the terms of this Part exists, the Enforcement Officer shall prepare a written notice of violation, to be served on the owner and/or occupant(s) of the premises on which the nuisance is located or originates. The written notice of violation shall be served within five days of the determination of the violation by one or more of the following methods:

Personal delivery.

Fixing a copy to the door of the building on the premises of the violation.

Certified mail to the last known address of the owner.

Publishing in the Borough's official newspaper once each week for two consecutive weeks.

Content of Notice.

The notice shall enumerate the conditions which constitute the violation and what action is required to abate the violation.

The notice shall include a time frame for the abatement of the nuisance, with such time frame established by the Enforcement Officer based upon the nature of the violation and providing a reasonable period for the violator to take the required action. In certain cases, immediate correction may be required.

Repeat Violators. If an owner commits the same or a similar violation within six months of receiving a notice of violation as set forth in this § 27-1513, no additional notice shall be required to be served on that owner prior to initiating enforcement action in accord with this § 27-1513.

§ 27-1514 Violations, Penalties and Costs.

[Ord. No. 1087, 5/5/2020]

Compliance. Failure to comply with any provision of this Part and/or failure to comply with any order to abate an activity, use and/or condition shall be a violation of this Part and subject to criminal prosecution and the revocation of the license.

Fine. Any person who violates or permits the violation of any term or condition of this Part shall, upon final judgment of any Magisterial District Judge with jurisdiction, be sentenced to pay a fine of not more than $1,000 per day each violation exists together with cost of suit including reasonable attorney fees. Each day of violation constitutes a separate offense, for which a summary conviction may be sought. All judgments, administrative, enforcement, security firm or police response, and other costs, interest and reasonable attorney fees collected for the violation of this Part shall be paid over to the Borough.

Other Remedies. Stroudsburg Borough reserves the right to bring any other action as may be necessary at law or at equity and the Monroe County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment. The Borough shall also have the right to seek injunctive relief for violations of this Part.

License Revocation. If a Magisterial District Judge, Judge of the Monroe County Court of Common Pleas or any other fact-finding tribunal with jurisdiction determine an owner committed two or more violations of this Part within any consecutive twelve-month period, the Borough may revoke the short-term home rental license.

§ 27-1515 Application for Short-Term Home Rental Zoning Permit.

[Added by Ord. No. 1093, 6/2/2020]

Permit Required. A short-term home rental zoning permit shall be required when any dwelling unit in a single-family dwelling or a two-family/multifamily dwelling is rented for a period of 30 consecutive calendar days or less. NOTE: A short-term rental license is required in addition to a short-term rental permit in order to operate a short-term rental.

Separate Permits. A separate zoning permit is required for each dwelling unit proposed for short-term home rental. For two-family or multifamily dwellings, a separate permit shall be required for each dwelling unit being rented pursuant to the definition of "short-term home rental."

Issuance to Owner. The permit shall be issued only to the owner of the short-term home rental.

Forms and Procedures. The Zoning Officer is authorized to prescribe forms and procedures for the processing of permits under this Part.