[Ord. No. 1087, 5/5/2020]
This Zoning Ordinance amendment shall be known as and cited
as the Stroudsburg Borough Short-Term Residential Rental Licensing
Ordinance.
[Ord. No. 1087, 5/5/2020]
1.
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.
[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.
[Ord. No. 1087, 5/5/2020]
As used in this Part, the following terms shall have the meanings
indicated:
A room containing a minimum of 80 square feet that is used
as a sleeping room and for no other primary purpose.
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.
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.
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.
[Ord. No. 1087, 5/5/2020]
1.
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.
2.
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.
[Ord. No. 1087, 5/5/2020]
1.
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.
2.
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.
3.
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."
4.
Issuance to Owner. The license shall be issued only to the owner
of the short-term home rental.
5.
Forms and Procedures. The Enforcement Officer is authorized to prescribe
forms and procedures for the processing of licenses under this Part.
6.
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.
7.
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.
8.
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:
A.
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.
B.
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.
C.
Acknowledgment that all designated bedrooms contain a minimum of
80 square feet.
D.
The number of bedrooms (each containing the required minimum of 80
square feet) and the maximum number of overnight occupants.
E.
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.
F.
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.
G.
For properties serviced by on-site sewage disposal, the location,
approximate age and capacity (if known) of the sewage disposal system.
H.
Acknowledgment that the owner, agent, and/or local contact person
have read all regulations pertaining to the operation of the short-term
home rental.
I.
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.
J.
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.
K.
Copy of a current Monroe County Hotel Room Excise Tax Certificate
and current Pennsylvania Sales Tax License.
L.
Other information the Enforcement Officer deems reasonably necessary
to administer this Part.
M.
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.
9.
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.
[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.
1.
Standards. All licenses issued pursuant to this Part are subject
to the following standards:
A.
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.
B.
The maximum number of day guests allowed at any one time shall be
75% of the maximum occupancy of the short-term home rental.
C.
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.
D.
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.
E.
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.
F.
Any lights used for exterior illumination shall direct light away
from adjoining properties. Lighting shall be pointed/shielded downward
to minimize upward glare.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
2.
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.
3.
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.
[Ord. No. 1087, 5/5/2020]
1.
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.
2.
Duties. The administrative, inspection and enforcement responsibilities
established by this Part may be delegated to different Enforcement
Officers appointed in accord with § 27-1509A.
3.
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.
[Ord. No. 1087, 5/5/2020]
1.
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.
2.
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.
[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.
[Ord. No. 1087, 5/5/2020]
1.
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.
2.
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.
3.
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.
4.
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.
[Ord. No. 1087, 5/5/2020]
1.
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:
2.
Content of Notice.
A.
The notice shall enumerate the conditions which constitute the violation
and what action is required to abate the violation.
B.
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.
[Ord. No. 1087, 5/5/2020]
1.
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.
2.
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.
3.
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.
4.
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.
[Added by Ord. No. 1093, 6/2/2020]
A.
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.
B.
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."
C.
Issuance to Owner. The permit shall be issued only to the owner of
the short-term home rental.
D.
Forms and Procedures. The Zoning Officer is authorized to prescribe
forms and procedures for the processing of permits under this Part.
E.
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.
