This chapter shall be known as and may be cited as "Short-Term
Rentals."
The Board of Supervisors of Coolbaugh Township, Monroe County,
Pennsylvania, is charged with the duty to protect and provide for
the health, safety and general welfare of the citizens of the Township.
The Board of Supervisors specifically finds and declares as follows:
A. Short-term rentals of dwellings have become a significant segment
of the local tourism economy.
B. Short-term rentals provide a community benefit by expanding the number
and type of lodging facilities available and assist owners of short-term
rentals by providing revenue which may be used for maintenance, upgrades
and deferred costs.
C. While most of these units operate without a problem, there have been
numerous complaints to the Township regarding excessive noise, parking,
litter, and concerns regarding septic capabilities, security, public
safety, and trespass.
D. The transitory nature of occupants of a short-term rental makes enforcement
against the occupants difficult and therefore the unit owner must
be the responsible party.
E. The provisions of this chapter are necessary to prevent the continued
burden on Township and community services and negative impacts on
residential neighborhoods posed by short-term rentals.
F. Compliance with the provisions of this chapter will maintain the
rural and recreational character of the Township that attracts residents,
homeowners and visitors.
In the interest of protecting and promoting the public health,
safety and welfare, and minimizing the burden on Township and community
services and the negative 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.
The words and phrases used in this chapter shall have the following
meanings:
BEDROOM
A room intended for, or capable of, being used for sleeping
and that is at least 70 square feet in area.
CONTACT PERSON
The owner or local property manager or agent of the owner
who is available to respond to tenant and neighborhood questions,
complaints or concerns or any agent of the owner authorized by the
owner to take remedial action and respond to any violation of this
chapter. The contact person shall have actual authority to represent
the owner for purposes of emergency and nonemergency contact and communication
regarding the owner's short-term rental. A contact person must
provide a twenty-four-hour emergency contact number, be able and willing
to come to and be present at the short-term rental within two hours
following notification to address any issue that is not capable of
being addressed by telephone, and be able to act as legal agent for
the owner. The contact person may be the owner of the short-term rental.
The Township must be notified, in writing, within 14 days if there
is a change in the identity of the contact person.
DWELLING
See §
400-10 of the Coolbaugh Township Code of Ordinances (Zoning; Definitions).
OWNER
The person or entity that holds legal or equitable title
to the private property.
RENT
The consideration received by an owner and/or renter in money,
credits, property, or other consideration valued in money for lodging.
SHORT-TERM RENTAL
A dwelling unit that is rented and/or leased, in whole or
in part, for a transient use in exchange for rent, compensation or
remuneration of any kind. This definition applies to all types of
dwelling units rented and/or leased for a transient use under this
chapter, unless excluded herein, including (but not limited to) single-family,
two-family and multifamily dwelling units, whether or not primarily
used as permanent residences or seasonal or vacation homes.
TRANSIENT USE
Occupancy, use or possession of a dwelling unit by a person
or persons for a period of less than 30 consecutive days, other than
the owner(s) of the dwelling unit or tenant(s) of the dwelling unit
with a lease for 30 consecutive days or more, and/or the family of
such owner(s) or tenant(s); and further excluding temporary stays
by unrelated individuals that are guests of the owner or tenant of
the dwelling unit without the payment of any type of rent, compensation
or other remuneration.
The owner of a short-term rental shall be responsible for obtaining
the license and license renewals.
A. License required. A short-term rental license shall be required prior
to renting out a dwelling unit as a short-term rental. Operating a
short-term rental without a short-term rental license is a violation
of this chapter and shall subject the owner to the enforcement proceedings
and penalties set forth herein.
B. Outstanding violations. A dwelling unit located on any premises that
violates any Township code or ordinance shall not be eligible for
a short-term rental license until such violation is corrected in a
manner acceptable to the Township.
C. License renewal. A short-term rental license shall be renewed annually
and at any time when any of the conditions of the rental which are
governed by this chapter are changed.
D. Separate licenses. A separate license is required for each short-term
rental; for two-family or multifamily dwellings, a separate license
shall be required for each dwelling unit being rented pursuant to
the definition of "short-term rental."
E. Issuance to owner. The license shall be issued only to the owner
of the short-term rental.
F. Forms and procedures. The enforcement officer is authorized to prescribe
forms and procedures for the processing of licenses under this chapter.
G. Two-family/multifamily short-term rentals. No building shall be used
as a short-term rental that has two or more dwelling units unless
said building has been approved by the Township as a two-family or
multifamily dwelling as defined in the Zoning Ordinance. If such approval has been granted by the Township and
one or more of the dwelling units, but not necessarily all, are being
rented as set forth in the definition of "short-term rental," then
the requirements of this chapter shall apply to such dwelling unit
or units being rented.
H. Inspection authorization. The owner, by making application for a short-term rental license and/or accepting issuance of such a license, grants permission for all inspections authorized by §
324-12.
I. License not transferable.
(1) The license issued to an owner pursuant to this chapter is personal
to the owner identified in the application and does not run with the
property. If the ownership of the property changes, either directly
by sale or deed transfer, or indirectly by death, change in ownership
of the entity owning the property, sheriff sale or court order, the
new owner must apply for a license under the provisions of this chapter
prior to renting the property as a short-term rental, but shall be
entitled to get a license provided such new owner complies with the
terms of this chapter.
(2) If an owner has been convicted of a violation of this chapter (hereinafter
the "violating owner"), or if a violating owner's license has
been revoked by the Township, then a transfer of the property by the
violating owner to one or more family members, or to an entity owned
by the violating owner, or such violating owner's family members,
then that new owner shall be subject to the violations and penalties
imposed upon the violating owner.
Each owner of a short-term rental shall designate a person,
property manager or agent as a contact person who has access and authority
to assume management of the short-term rental and take remedial measures.
The contact person must be accessible by telephone 24 hours a day
and must be able and willing to come to and be present at the short-term
rental within two hours following notification to address any issue
that is not capable of being addressed by telephone, and be able to
act as legal agent for the owner. An owner of a short-term rental
may designate himself/herself as the contact person. The contact person
shall respond to the enforcement officer within one hour after being
notified by the enforcement officer or other Township official of
the existence of a violation of this chapter or any disturbance requiring
immediate remedy or abatement. If the contact person is not the owner,
the contact person shall immediately advise the owner of any notification
of a violation.
The marketing of a short-term rental which exceeds the maximum
occupancy requirements permitted by this chapter or which promotes
any other activity that is prohibited by this chapter shall be used
as evidence of a violation of this chapter during enforcement proceedings.
The owner or contact person shall provide to the enforcement officer
a copy of all advertisements relating to the short-term rental at
the time of license application and/or renewal.