This chapter shall be known as and may be cited as "The Newtown
Borough Short-Term Rental Ordinance."
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
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 or 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 to be considered
a bedroom.
DWELLING UNIT
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided therein,
for the exclusive use of that single family. For the purposes of this
chapter, this term shall be used when referring to dwellings and/or
dwelling units, as defined under the Zoning Ordinance, and shall include
guesthouses.
LOCAL CONTACT PERSON
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
short-term rental. A local contact person must be able to respond
and arrive at the short-term rental property within one hour of notice
and must be authorized to act as legal agent for the owner. If there
is a change in the identity of the local contact person, the Borough
must be notified, in writing, within 14 days, or prior to rental of
the property if rental occurs within said fourteen-day period.
SHORT-TERM RENTAL
Any dwelling unit utilized as a single-family residence,
or subset(s) of room(s) located therein, rented for the purpose of
overnight lodging for a period of 30 days or less, and which meets
the definition of "hotel lodging and room rental" for the purpose
of imposing an excise tax by the County of Bucks as defined in the
Bucks County Tourist Promotion Law 73 P.S. 401, as amended.
No owner of any property in the Borough shall operate a short-term
rental in the Borough 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 chapter. Permits
shall be transferable to any new owner of the property within 90 days
of its issuance.
The administrator of this chapter shall be the Code Enforcement
Officer as appointed by the Borough, and which shall include any appointed
Assistant Enforcement Officers. The Code Enforcement Officer shall
have the responsibility and authority to administer and enforce all
provisions of this chapter.
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 the Code Enforcement Officer that a violation
of this chapter exists or has occurred, the Code Enforcement Officer
shall send a written notice of violation to the owner by personal
delivery or by both 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 chapter which are violated, indicate
the action required to correct the violation, and provide a time frame
(established by the Code Enforcement 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 the Borough and community services and impacts on residential neighborhoods posed by short-term rentals, a violation of any of the provisions of §
100-7 of this chapter, pertaining to short-term rental standards, is hereby declared to be a public nuisance.
If the premises are owned by more than one owner, each owner
shall 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
absent the invalid portion. The Borough 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 upon adoption by the Council
of Newtown Borough.