[HISTORY: Adopted by the Board of Supervisors of the Township of Barrett as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-2019 by Ord. No. 197]
This article shall be known as and may be cited as the "Barrett Township Short-Term Rental Ordinance".
A. 
The provisions of this article shall apply to all residential dwelling units, conversions of nonresidential structures to residential dwellings, and all existing premises within the Township of Barrett. The owner of the subject property shall be responsible for compliance with the provisions of this article and the failure of an owner, agency, managing agency, local contact person, or renting occupants to comply with the provisions of this article shall be deemed noncompliance by the owner.
B. 
This article shall not apply to a resort, camp/conference center, hotel/motel/inn, bed-and-breakfast, boardinghouse, or group home as these terms are defined in Chapter 525, Zoning, of the Code of the Township of Barrett.
C. 
The Township Supervisors, under the authority granted by Section 1506, General Powers, Section 1517, Building and Housing Regulations, Section 1527, Public Safety, and Section 1529, Nuisances, of the Pennsylvania Second Class Township Code, Act of May 3, 2016, 1933 (P.L. 103, No. 69), reenacted and amended July 10, 1947 (P.L. 1481, No. 567), as amended,[1] hereby adopt the following rules and regulations governing short-term rentals within the boundaries of the municipality.
[1]
Editor's Note: See 53 P.S. §§ 66506, 66517, 66527 and 66529, respectively.
This article is not intended to, and does not, excuse any landowner from compliance with Chapter 525, Zoning, of the Code of the Township of Barrett, as amended from time to time. Whenever possible, this article and Chapter 525, Zoning, should be construed and interpreted as being consistent, and not in conflict. In the event of conflict, the regulations of this article shall apply.
For the purposes of this article, words and terms used herein shall have the following definitions:
BEDROOM
A room or space designed to be used for sleeping purposes with two means of egress (one of which may be a window acceptable under the Building Code) and in close proximity to a bathroom. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage utility rooms and similar uses are not considered bedrooms. Space used or intended for general and informal everyday use, such as a living room, den and sitting room or similar, is not considered a bedroom.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living quarters for one or more persons, with cooking, sleeping, and sanitary facilities provided.
SHORT-TERM RENTAL
Any dwelling unit owned or managed by a person, firm or corporation, which is rented or leased for a period of less than 30 consecutive days during which time the owner or manager is not present on a full-time basis.
SHORT-TERM RENTAL PERMIT
Permission granted by the Township to utilize a dwelling unit for short-term rental use.
No owner of any property in Barrett Township shall operate or allow the operation of a short-term rental in Barrett Township without first obtaining a short-term rental permit from the Zoning Officer. Operation of a short-term rental without such short-term rental permit is a violation of this article. If the property is sold, the new owner must apply for a short-term rental permit. The short term rental permit is not transferable.
A. 
Short-term rental permit applications shall be submitted to the Barrett Township Zoning Officer and shall contain all of the following information:
(1) 
Contact information.
(a) 
The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number. If the owner uses a managing agency, agent or local contact person, then that managing agency, agent or local contact person shall have written authorization to accept service for the owner.
(b) 
The name, address and twenty-four-hour telephone number of the managing agency, agent or local contact person.
(c) 
Signatures of both the owner and the local managing agent or local contact person.
(2) 
Floor plans.
(a) 
Identification of rooms on all floors and specific location and dimensions of bedrooms.
(b) 
Total number of bedrooms.
(c) 
If the building is a multiunit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
(3) 
Site plan.
(a) 
Locations of property lines, driveways and all structures.
(b) 
Locations and number of on-site parking spaces.
(c) 
Locations and identification of all components of the sewage disposal system, if not served by a central or community sewer system.
(4) 
Other certificates/information:
(a) 
Septic system evaluation certifying the existing system is functioning as intended and proof the tank was pumped within the past three years for approval by the Sewage Enforcement Officer.
(b) 
Copies of current Monroe County hotel room excise tax certificate and current Pennsylvania sales and use tax permit.
(c) 
Consent for inspection of the property by the enforcement officer to verify compliance with the conditions of the short-term rental application.
(d) 
Copy of the current recorded deed for the property establishing ownership.
(e) 
Declaration page of the current insurance policy indicating at least $500,000 liability insurance to cover the commercial use of a short-term rental for the full duration of the permit term.
(f) 
Written approval from the owner's property association is required prior to the issuance of a short-term rental permit.
B. 
Short-term rentals shall be subject to site inspections by the Township Officials appointed by the Board of Supervisors to verify application information and the following requirements:
(1) 
Short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the inside of the front door containing the following information:
(a) 
The name of the owner of the unit or the managing agency, agent, property manager or local contact authorized in writing to accept service for the owner of the unit and a telephone number at which that party can be reached on a twenty-four-hour basis.
(b) 
The E-911 address of the property.
(c) 
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at any one time.
(d) 
The maximum number of all vehicles allowed to be on the property and the requirement that all guest motor vehicles must be parked in the available parking areas on the property and not in or along any private, community or public street right-of-way or on any lawn or vegetated area on the property.
(e) 
The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property.
(f) 
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other ordinances of Barrett Township, including parking and occupancy limits.
(g) 
Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the Township Official upon request.
(2) 
Short-term rentals shall be equipped with the following:
(a) 
Smoke detectors in each bedroom;
(b) 
Smoke detectors outside each bedroom in common hallways;
(c) 
Smoke detectors on each floor;
(d) 
GFI outlets for outlets located within six feet of a water source;
(e) 
Aluminum or metal exhaust from dryer;
(f) 
Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning stove;
(g) 
Carbon monoxide detector if garage is attached;
(h) 
Fire extinguisher in kitchen; in readily visible location;
(i) 
Stairs (indoor and outdoor) in good condition (does not include common areas); and
(j) 
Any other occupancy requirements which may be added by ordinance revision by the Board of Supervisors.
(3) 
Inspection of the on-lot sewage disposal system to verify consistency with the submitted site plan and submitted floor plan.
(4) 
On-site inspection to verify available parking spaces and consistency with the submitted site plan.
C. 
A short-term rental permit shall be issued only to the owner of the short-term rental property.
(1) 
A separate short-term rental permit is required for each dwelling unit; for two-family or multifamily dwellings, a separate permit shall be required for each dwelling unit being rented as a short-term rental.
(2) 
A short-term rental permit is effective for a period of one year, or until any of the conditions of the short-term rental which are governed by this article are changed, whichever shall first occur. A short-term rental permit must be renewed annually and also when any of the conditions of the short-term rental which are governed by this article are changed.
(3) 
The Township will prescribe forms and procedures for the processing of permit applications under this article.
A. 
Overnight occupancy of a short-term rental shall be limited to no more than two persons per bedroom plus two additional persons.
Number of Bedrooms
Maximum Number of Occupants
2
6
3
8
4
10
5
12
B. 
The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall be 50% of the maximum overnight occupancy of the short-term rental.
C. 
The number of bedrooms permitted for a short-term rental shall not exceed the number of bedrooms approved for the dwelling unit on the sewage permit issued for such property. Where there is no sewage permit on record, the short-term rental shall be limited to three bedrooms unless proof is provided to the Sewage Enforcement Officer that the septic system is adequate to handle additional flows. Any short-term rental advertising more than five bedrooms shall provide proof that the septic system is adequate to handle such flows by having the system approved by the Sewage Enforcement Officer, or by providing a septic permit previously issued by a Sewage Enforcement Officer. If a sewage system malfunction occurs, short-term rental of the dwelling unit shall be discontinued until the malfunction is corrected in accordance with Township and Pennsylvania Department of Environmental Protection requirements.
D. 
Outdoor parking for overnight and day guests shall be limited to available parking areas on the short-term rental property. In no event shall parking for short-term rental guests include spaces in any public street right-of-way or on any lawns or vegetated areas.
E. 
Neither short-term rental occupants nor guests shall engage in disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting, or creating a dangerous or physically offensive condition.
F. 
The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate Barrett Township ordinances or any state law pertaining to noise or disorderly conduct including, but not limited to, notifying the occupants of the rules regarding short-term rentals and promptly responding when notified that occupants are violating laws, ordinances or regulations regarding their occupancy.
G. 
The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or otherwise violated provisions of the Barrett Township ordinances 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.
H. 
Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located are prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental is prohibited.
I. 
Fireworks and floating lanterns are prohibited.
J. 
Subleasing all or a portion of the dwelling unit is prohibited.
K. 
Compliance with the requirements of this section shall be considered conditions of a short-term rental permit, the violation of which may result in a revocation of that permit by the Township Official.
A. 
Short-term rental fees, payable to Barrett Township upon the filing of a short-term rental permit application, shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors.
B. 
Any short-term rental permit is valid for a period not to exceed one year from the date of issuance and must be renewed annually. Short-term rental permit renewal fees, payable to Barrett Township upon the filing of a short-term rental permit renewal application, shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors.
C. 
Short-term rental permit renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this article.
D. 
Short-term rental permit renewal applications shall contain language whereby the owner certifies that the information provided is true and correct.
E. 
You must provide a copy of your current Monroe County hotel room excise tax certificate and a copy of your current Pennsylvania sales and use tax permit. Verification that all owed hotel and sales taxes have been paid shall be made before permit renewal is granted.
The Township Officials are appointed by the Barrett Township Board of Supervisors for purposes of enforcement of this article. The Township Officials shall have the responsibility and authority to administer and enforce all provisions of this article.
A. 
All short-term rentals shall be subject to inspections by a Township Official to verify all information provided in connection with this article.
B. 
The issuance of a short-term rental permit is not a warranty that the premises is lawful, safe, habitable, or in compliance with this article.
C. 
If there is reason to believe that any provision of this article is being violated, a Township Official may enter onto the premises for the purpose of inspection of the premises, as well as any and all buildings and/or structures located thereon, to ascertain 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 his agent to secure access thereof.
The marketing of a short-term rental in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this article, or which promotes any other activity which is prohibited by this article, shall be a violation of this article.
If it appears to a Township Official that a violation of this article exists or has occurred, the Township Official shall send a written notice of violation to the owner by personal delivery or by both United States first-class and certified mail. The notice of violation shall identify the premises which is the subject of the violation, enumerate the conditions which constitute the violation, cite the specific sections of this article which are violated, and indicate the action required to correct the violation and a time frame to complete the same. The premises cannot be rented or occupied until the violation(s) are corrected.
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 short-term rentals, a violation of any of the provisions of this article is declared to be a public nuisance.
A. 
This article shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not less than $300 nor more than $1,000 per violation, plus all court costs and reasonable attorney's fees incurred by Barrett Township in the enforcement proceedings, and in default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that a violation exists or continues shall constitute a separate violation. Further, the appropriate officers or agents of Barrett Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this article. All fines, penalties, costs and reasonable attorney's fees collected for the violation of this article shall be paid to Barrett Township for its general use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition to, but not in limitation of, the provisions of Subsection A and § 391-13, the Township Official may either revoke, or deny an application to renew, a short-term rental permit for three uncured or repeated violations of this article in any rolling twelve-month period from the date of the first violation. The revocation or denial to renew a short-term rental permit shall continue for six months for the first set of three uncured or repeated violations, and continue for one year for any subsequent sets of violations.
If the premises are owned by more than one owner, each owner shall severally be subject to prosecution for a violation of this article.
A. 
Appeals of a determination of the Township Official under this article to deny any application for, or to renew, a short-term rental permit, or to revoke a short-term rental permit, shall be filed with the Board of Supervisors within 30 days of the date of the denial of application or revocation of permit. 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 resolution of the Township Supervisors, which may include notice and advertising costs, and necessary administrative expenses 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 circumstances of the case.
B. 
Hearings. The Board of Supervisors 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 Township Official, and to any person who has made timely request for same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board of Supervisors, 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. The decision or, where no decision is called for, the findings shall be in writing by the Board of Supervisors 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 Acting Chairman of the Board 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 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 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, 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 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 opportunity to be present.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
If any section, provision, or portion of this article 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 article so long as it remains legally enforceable minus the invalid portion. The Township reserves the right to amend this article 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 article, and the effective administration thereof.
All ordinances or parts of ordinances which are in conflict or inconsistent herewith are hereby repealed, but only insofar as the same are in direct conflict or directly inconsistent with this article.
This article shall become effective five days after enactment.