[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk 6-22-2020 by Ord. No. 2020-05. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "the Polk
Township Short-Term Rental Ordinance."
The provisions of this chapter shall apply to all residential
dwelling units, conversions of nonresidential structures to residential
dwellings, and all existing premises within Polk Township. The owner
of the subject property shall be responsible for compliance with the
provisions of this chapter and the failure of an owner, agency, managing
agency, local contact person, or renting occupants to comply with
the provisions of this chapter shall be deemed noncompliance by the
owner.
This chapter is not intended to, and does not, excuse any landowner
from compliance with the Polk Township Zoning Ordinance,[1] as amended from time to time. Whenever possible, this
chapter and the Zoning Ordinance should be construed and interpreted
as being consistent, and not in conflict.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A room intended for, or capable of, being used for sleeping
and that is at least 70 square feet in area and has at least two means
of egress (one of which may be a window acceptable under the building
code). A room designated on building plan submittals as a den, library,
study, loft, dining room, or other extra room that satisfies the definition
and is not a kitchen, living room, or bath will be considered to be
a bedroom for the purpose of computing bedroom area and number.
A dwelling unit as defined by the Polk Township Zoning Ordinance.[1]
A combustible or explosive composition, substance or combination
of substances, or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration
or detonation.
Property consisting of at least one contiguous acre.
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owners
short-term rental. A person in charge must reside or have an office
within 15 miles of the short-term rental property and be able to act
as the legal agent for the owner. The Township must be notified, in
writing, within 14 days if there is any change in the identity of
the person in charge.
Any dwelling unit utilized as a single-family residence rented
for the purpose of overnight lodging for a period of 30 days or less,
and which meets the definition of "hotel" for the purpose of imposing
an excise tax by the County of Monroe as defined in the County of
Monroe Ordinance No. 2004-03, as amended.
Permission granted by Polk Township to utilize a dwelling
unit for short-term rental use.
A.
No owner of any property in Polk Township shall operate a short-term
rental in Polk Township without first obtaining a short-term rental
permit from the Codes Officer. Operation of a short-term rental without
such short-term rental permit is a violation of this chapter.
B.
Permits shall be issued for properties containing the minimum lot
size only; properties less than the minimum lot size shall not be
eligible for the issuance of a short-term rental permit.
A.
Short-term rental permit applications shall contain all of the following
information:
(1)
The name, address, telephone number and email address of the owner
and person in charge.
(2)
The name, address and twenty-four-hour telephone number of the person
in charge, agent or local contact person.
(3)
Floor plans for the short-term rental unit, including total habitable
floor space and total number of bedrooms.
(4)
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.
(5)
A site plan showing the location and number of on-site parking spaces.
(6)
If not on a central sewer system, the location, approximate age and
capacity of the sewage disposal system. The owner of the property
shall supply Polk Township with a certified evaluation of the septic
system and proof that the tank was pumped for approval by the Sewage
Enforcement Officer.
(7)
Copies of current Monroe County hotel room excise tax certificate
and current Pennsylvania sales and use tax permit.
(8)
Signatures of both the owner and the local person in charge.
(9)
Trespass waiver signed by the owner allowing access to the property
for the Codes Officer for the purpose of inspection to verify compliance
with this chapter.
(10)
Copy of the current recorded deed for the property establishing
ownership.
(11)
Each owner shall maintain at least at least $500,000 in liability
insurance on the short-term rentals for the full duration of their
license term and provide proof of the same to Polk Township.
B.
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 chapter are changed, whichever shall first occur.
A short-term permit must be renewed annually and also when any of
the conditions of the short-term rental which are governed by this
chapter are changed.
(3)
Polk Township will prescribe forms and procedures for the processing
of permit applications under this chapter.
A.
Overnight occupancy of a short-term rental shall be limited to no
more than two persons per bedroom.
B.
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 75% for 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 Polk Township and Pennsylvania Department of Environmental Protection
requirements. An on-site septic system tank must be pumped every three
years and evidence of the same provided to the Codes Officer.
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 provisions
of the Polk Township Code 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 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 Polk Township Code 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 shall
not be allowed. Outdoor overnight sleeping of occupants or guests
of the short-term rental is prohibited.
I.
All short-term rentals shall have a clearly visible and legible notice
posted within the dwelling unit on or adjacent to the front door containing
the following information:
(1)
The name of the owner of the unit and person in charge, 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.
(2)
The E-911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time,
as determined by the Codes Officer.
(4)
The maximum number of all vehicles allowed to be on the property
and the requirement that all guest parking 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.
(5)
The trash pickup day and notification that trash and refuse shall
not be left or stored on the exterior of the property.
(6)
Notification that an occupant or guest may be cited and fined for
creating a disturbance or for violating other provisions of the Polk
Township Code, including parking and occupancy limits.
(7)
Notification that short-term rental occupants and guests are required
to make the dwelling unit available for inspection by the Codes Officer
upon request.
J.
All short-term 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)
All smoke detectors must be interconnected with battery backup. The
interconnection may be hardwired or wireless;
(5)
GFI outlets for outlets located in any kitchen or bathroom or within
six feet of any water source, or in any area where there are damp
and wet conditions;
(6)
Aluminum or metal exhaust from dryer;
(7)
Carbon monoxide detector if open flame (oil or gas) furnace, gas
or wood fireplace, or wood-burning stove;
(8)
Carbon monoxide detector if garage is attached;
(9)
Fire extinguisher in kitchen;
(10)
Stairs (indoor and outdoor) in good condition with a graspable
handrail; and
(11)
Egress from a basement shall be directly to the exterior of
the property.
K.
All advertising for the short-term rental must be in compliance with
the maximum occupancy. Owner shall not advertise number of bedrooms
or an occupancy in excess of what is permitted under this chapter.
L.
No fireworks may be ignited at the premises.
M.
Recreational
vehicles, campers, and/or tents may not be utilized as a short-term
rental under any circumstances.
[Added 2-28-2022 by Ord. No. 2022-02]
A.
Short-term rental fees, payable to Polk 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
of Polk Township.
B.
Any short-term rental permit is good 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 Polk 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 of Polk Township.
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 chapter.
D.
Verification that all owed hotel and sales taxes have been paid shall
be made before permit renewal is granted.
The administrator of this chapter shall be the Codes Officer,
which shall be appointed by the Board of Supervisors. The Codes Officer
shall have the responsibility and authority to administer and enforce
all provisions of this chapter.
A.
All short-term rentals shall be subject to inspections by the Codes
Officer to verify application information, permit, permit renewal
and/or operating requirements.
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
chapter.
C.
If there is reason to believe that any provision of this chapter
is being violated, the Board of Supervisors of Polk Township may or
may cause, through the Codes Officer or an authorized representative
of Polk Township, entry onto premises for the purpose of inspection
of any and all premises, properties, buildings and/or structures located
within Polk 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 his agent to secure
access thereof.
D.
No permit shall be issued in the event the inspection reveals any
work or alterations at the property for which a permit is required
under any Township ordinance where no permit was obtained. A permit
hereunder will be issued only when the property owner obtains all
necessary permits for such work or alterations.
The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this chapter, or which promotes any other activity which is prohibited
by this chapter, shall be a violation of this chapter.
If it appears to a Codes Officer that a violation of this chapter
exists or has occurred, the Codes Officer shall send a written notice
of violation to the owner by personal delivery 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 which are violated, indicate the action required to
correct the violation, and provide a time frame (established by the
Codes Officer based upon the nature of the violation) to correct the
violation.
In the interest of promoting the public health, safety and welfare,
and minimizing the burden on Polk Township and community services
and impacts on residential neighborhoods posed by short-term rentals,
a violation of any of the provisions of this chapter is declared to
be a public nuisance.
A.
This chapter 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 $100 nor more than $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by Polk Township in
the enforcement proceedings, and/or be imprisoned to the extent allowed
by law for the punishment of summary offenses. Each day or portion
thereof that a violation exists or continues shall constitute a separate
violation. Further, the appropriate officers or agents of Polk Township
are hereby authorized to seek equitable relief, including injunction
to enforce compliance with this chapter. All fines, penalties, costs
and reasonable attorney's fees collected for the violation of this
chapter shall be paid to Polk Township for its general use.
B.
In addition to, but not in limitation of, the provisions of Subsection A and § 298-13, the Codes Officer may either revoke or deny an application to renew a short-term rental permit for three uncured or repeated violations of this chapter in any rolling twelve-calendar-month period. 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
chapter.
A.
Appeals of a determination of the Codes Officer under this chapter
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 Polk
Township Board of Supervisors within 30 days of the date of the denial
of application or revocation of permit. Appeal shall be processed
as follows:
(1)
All appeals shall be in writing and signed by the appellant on forms
prescribed by Polk Township and shall be accompanied by a fee, the
amount of which shall be established by the Polk Township Board of
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.
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 Codes Officer,
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 Polk Township 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 Polk Township Board of Supervisors.
The decision or, where no decision is called for, the findings shall
be in writing by the Polk Township 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 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 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 Polk Township 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 Polk Township 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 Polk Township 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.
In 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.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective five days after enactment.
