[HISTORY: Adopted by the Board of Supervisors of the Township
of East Manchester 12-10-2019 by Ord. No. 2019-3. Amendments noted where
applicable.]
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.
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 room and similar
uses are not considered "bedrooms."
The official who is charged with the administration and enforcement
of this chapter, or any duly authorized representative.
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 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.
An individual, corporation, partnership 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 less than 30 consecutive calendar days.
November 1 to October 31 of the following year.
The written grant of the right to operate a STR pursuant
to the specific terms of the license granted to a specific owner.
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.
A.
Effective upon enactment of this chapter, all owners must obtain
both a special exception and a license for all dwellings units intended
for use as short-term rentals (STR) prior to renting out a dwelling
unit as a STR. Operating a STR without a special exception or a license
is a violation of this chapter and is subject to the criminal prosecution
and the penalties set forth below. Owners or their agents must simultaneously
submit the application for special exception and the application for
the STR license to the Township Zoning Officer for processing. No
property may be used as a STR until the special exception has been
granted by the Zoning Hearing Board and a license has been granted
by the Zoning Officer.
B.
The Township will prescribe the forms and procedures for processing
of license applications under this chapter. The owners must provide
all requested information concerning the dwelling unit and must agree,
in writing, to comply with all the requirements of this chapter.
C.
Licenses are nontransferable. If ownership of a 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.
D.
Upon the submission of a complete application to operate a STR, the
Township will have 15 business days to inspect the property and either
grant or deny the request for a license. The inspection may be conducted
by the Code Official or the Code Official's designee. 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, applicant will be given the opportunity
to provide the requisite information and resubmit the application.
E.
License requirements. In order for the special exception to be granted or the STR license to issue, the owner must show compliance with Subsection E(3), (4) (if applicable), (5), (6), and (8). Further, in order for the special exception to be granted or the STR license to issue, the owner must agree to be bound by all of the requirements as set forth in this chapter.
(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 its license term and provide proof
of the same to the Township.
(4)
A copy of the current York County Hotel Excise Tax Certificate of
Authorization and current Pennsylvania Sales Tax License if such certificate
is required by the applicable regulations.
(5)
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.
(6)
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 chapter 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.
(7)
The condition of any STR must fully comply with the Uniform Construction
Code currently in use as adopted by the Commonwealth of PA and other
relevant laws and codes.
(8)
The owner shall limit overnight occupancy of the STR to the specific
number of tenants designated in their STR license.
(9)
Overnight occupancy of a 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.
(10)
No on-street or yard parking 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 at any time.
Outdoor overnight sleeping of tenants or guests is prohibited.
(11)
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.
F.
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 front door of the dwelling unit. This notice
shall remain on the inside of the front door at all times and it is
the owner's responsibility to ensure that it remains legible.
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.
A.
All STRs shall be subject to inspection by the Zoning Officer and
the Code Official to verify application information, License, license
renewal and/or operating requirements are being complied with. Except
in emergency situations, inspections shall be scheduled with at least
24 hours' notice. Notice may be provided by telephone or email
to the person in charge.
B.
The issuance of a STR license or inspection is not a warranty that
the premises is lawful, safe, habitable, or in compliance with this
chapter or any other applicable ordinances. Rather, the license indicates
that the premises are either set to be inspected on a routine basis
or, if inspected, the premises met this chapter or other applicable
ordinance requirements on the day and at the time of the inspection.
C.
If there is reasonable cause to believe that any provision of this
chapter is being violated, the Board of Supervisors may cause, through
an authorized representative of the Township, entry onto premises
for the purpose of inspection of any and all premises, 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.
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.
A.
Any person who violates any provisions of this chapter shall commit
a criminal offense, and shall, upon being found guilty by a Magisterial
District Judge, after hearing, pay a fine not to exceed $1,000, together
with all court costs as permitted by law. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Nothing contained herein shall be deemed to preclude the
Township from seeking other relief or from availing itself of any
remedy that may be at law or in equity to prevent continuing violations
of the terms of this chapter. Each day that a violation occurs or
exists under this chapter shall be deemed a separate offense.
B.
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 a STR license for failure to comply with
the STR license, the provisions of this chapter or to provide accurate
information on the STR license application. The STR license will be
revoked for a period of one year after the owner has been convicted
of its 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.
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.
A.
Appeals of a determination of the Zoning Officer or Code Official
under this chapter to deny any application for, or to renew, a STR
license, or to revoke a STR license, shall be filed with the Board
of Supervisors at the Township's business office within 30 days
of the date of the determination appealed from. Appeals shall be processed
as follows:
(1)
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 in relation to the hearing.
(2)
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 of circumstances
of the case.
B.
The Board of Supervisors, or a hearing officer if the Board of Supervisors
appoints such, shall conduct hearings and make decisions pursuant
to the Act of December 2, 1968 (P.L. 1133, No. 353), known as the
"Local Agency Law,"[1] and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant, the Zoning Officer
or Code Official and to any person who has made timely request for
the same. Written notices shall be given at such time and in such
manner as shall be prescribed by rules of the Board of Supervisors
or the hearing officer, but not less than 15 days prior to the hearing.
(2)
The hearing shall be held within 60 days from the date the appeal
is filed, unless the appellant has agreed in writing to an extension
of time.
(3)
The hearings shall be conducted by the Board of Supervisors or the
hearing officer. The decision or, where no decision is called for,
the findings, shall be in writing by the Board of Supervisors or the
hearing officer within 45 days after the conclusion of the hearing,
unless the appellant has agreed in writing to an extension of time,
and shall be communicated to the appellant and any other parties who
have entered their written appearance and requested a copy of the
decisions, at the addresses provided by them either by personal delivery
or by United States first-class mail, postage prepaid.
(4)
The Chairman or Assistant Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(5)
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
(7)
The Board of Supervisors or the hearing officer may, but is not required
to make a stenographic record of the proceedings. In the event a stenographic
record of the proceedings is not provided by the Board of Supervisors
or the hearing officer, a stenographic record shall be made and kept
at the request of any party agreeing to pay the costs thereof. Any
party or other person desiring a copy of the stenographic record shall
order the copy directly from the stenographer who prepared the same
and shall pay the cost imposed by the stenographer for the copy directly
to the stenographer.
(8)
The Board of Supervisors or the hearing officer shall not communicate,
directly or indirectly, with any party or any party's representatives
in connection with any issue involved except upon notice and opportunity
for all parties to participate; shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from their
Solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or any party's
representative unless all parties are given an opportunity to be present.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
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.
