This chapter is not intended to, and does not, excuse any landowner from compliance with Chapter
300, Zoning, of the Code of Charleston Township, as amended from time to time. Whenever possible, this chapter and Chapter
300, Zoning, 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:
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), a closet, 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, sitting room or similar is not to
be considered a bedroom.
DAY GUEST
A visitor to the short-term rental property (STR), but not
constituting an occupant.
OCCUPANT
Person staying at the STR overnight. A person located on
the STR premises shall be deemed an occupant unless established otherwise
by owner, person in charge or tenant.
OWNER
Person having legal or equitable ownership of the STR property.
If there is more than one such person, then "owner" shall mean each
such person, individually and jointly.
PERSON IN CHARGE
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
STR. A person in charge must reside or have an office within 30 minutes
of the STR 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 a change in the identity of the person in charge.
SHORT-TERM RENTAL (STR)
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 Tioga,
TENANT
The primary individual who signed an agreement with the owner
or owner's agent for the temporary use of the STR for 30 consecutive
calendar days or less.
No owner of any property in Charleston Township shall operate
a short-term rental in Charleston Township without first obtaining
a short-term rental permit from Charleston Township. Operation of
a short-term rental without such short-term rental permit is a violation
of this chapter.
Short-term rental fees, payable to Charleston 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.
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 an Enforcement Officer that a violation of
the chapter exists or have occurred, the Enforcement Officer shall
send a written notice of violation to the owner or person in charge
by personal delivery or to the owner 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 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 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.
If the premises are owned by more than one owner, each shall
severally be subjected to prosecution for a violation of this chapter.
Appeals of a determination of the Charleston Township Representative
under this chapter to deny any application or revoke a short-term
rental permit, shall be filed with the Board of Supervisors within
30 days of the date of denial of application or revocation of permit.
Appeal shall be processed as follows:
A. 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 overhead in relation to the hearing.
B. 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.
C. The hearing shall be held by the Board of Supervisors within 60 days
from the date the appeal is filed, unless the appellant has agreed,
in writing, to an extension of time.
D. Upon hearing the Board of Supervisors shall have 45 days to render
a determination in writing which shall be mailed to the owner.
E. An aggrieved party may appeal the determination to the Tioga County
Court of Common Pleas within 30 days.