This chapter shall be known as "The Short-Term Rental Ordinance
of East Manchester Township."
This chapter shall be construed to secure its expressed purpose of promoting the public health, safety and general welfare of the residents of East Manchester Township. This chapter shall apply to all existing and future properties that are used as short-term rentals (STR) in East Manchester Township which are located in zoning districts where such use is permitted by special exception as set forth and established by Chapter
255, Zoning, of the Code of East Manchester Township and shall constitute the minimum requirements and standards for the operation of any STR.
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. Space 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
Dwelling unit shall have the same meaning as set forth in §
255-90, Definitions, of Chapter
255, Zoning.
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 less than 30 consecutive calendar 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 less than 30 consecutive calendar days. Such individual must be
at least 21 years of age.
The Township Board of Supervisors will appoint one or more Code
Official, who may be the Township Zoning Officer or Codes Enforcement
Officer, a Northeastern Regional
police 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, Code Official or Northeastern Regional police officer that
the STR is in violation of the license or this chapter.
The license term for all STR runs from November 1 to October
31 of the following year. The initial licenses granted hereunder shall
run until October 31 of 2019 regardless of when they were actually
issued. The annual STR license fee is per dwelling regardless of the
point in a calendar year that a license is obtained. Fees shall be
set forth in the Township Fee Schedule which may change from time
to time by resolution. Fee(s) must be paid at the time the application
is submitted for approval. If your application is denied, your fee(s)
shall be refunded, minus the 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 by November 30 of each license year 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. Further, no signs advertising the STR are permitted unless otherwise permitted as of right by Chapter
255, Zoning.
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 premises 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 event a violation of this chapter has occurred and the
Code Official or designee (including, but not limited to, Northeastern
Regional Police), the Code Official or designee may issue a citation
to the offending party(ies) pursuant to this chapter. Said citation
may issue to the owner, tenants, or guests of the STR.
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.
If any section, provision or portion of this chapter 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 chapter so long as it remains legally enforceable
minus the invalid portion. The Township reserves the right to amend
this chapter 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 chapter and the effective administration thereof.