[HISTORY: Adopted by the Board of Supervisors of the Township
of Tobyhanna 6-28-2022 by Ord. No. 569. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Tobyhanna
Township Short-Term Rental Ordinance" ("STR").
[Amended 10-3-2022 by Ord. No. 572]
A.
The provisions of this chapter shall apply to all residential dwelling
units, conversions of nonresidential structures to residential dwellings,
and all existing premises within the Township of Tobyhanna.
B.
The owner of the subject property shall be responsible for compliance
with the provisions of this chapter, and the failure of an owner,
operator, agency, managing agency, local contact person, or occupants
to comply with the provisions of this chapter shall be deemed as noncompliance.
C.
A short-term rental (STR) permit shall be issued only in the name
of the owner of the short-term rental.
D.
A separate STR permit shall be required for each short-term rental
unit.
E.
A subsequent STR permit shall not issue to a short-term rental owner
until the passage of 90 days following any prior permit having been
issued to that same owner.
F.
Tobyhanna Township, in order to promote the health, safety and welfare
of the Township, reserves the right to limit the amount of short-term
rental properties in the Township to a percentage of residences within
all residential districts.
H.
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,[2] hereby adopt the following rules and regulations governing
short-term rentals within the boundaries of the municipality.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
This chapter is not intended to, and does not, excuse any STR owner
from compliance with the Township of Tobyhanna Zoning Ordinance, as
amended.[1] Whenever possible, this chapter and the Zoning Ordinance
should be construed and interpreted as being consistent and not in
conflict.
B.
This chapter is not intended to and does not supersede the declarations
or covenants in a planned community where a short-term rental may
be located.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
Twelve-month rolling period in which an application is valid.
A room or space permitted and designed to be used for sleeping
purposes with two means of egress. Spaces 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 space, is not to be considered a bedroom.
A building or portion thereof providing complete housekeeping
facilities for one family or a group of unrelated persons using such
facilities in common.
An overnight guest.
Any individual lodging overnight at a short-term rental for
a period of 30 days or less.
Area used for the parking of a registered motor vehicle.
Person(s) or agent(s) with authority to represent the owner
for purposes of emergency and nonemergency contact and communication
regarding the owner's short-term rental.
Any online search engine, digital service and/or brokerage
firm that facilitates interactions between two or more distinct but
interdependent sets of users who interact through the service via
the internet, with the digital service provider promoting and acting
as an agent in offering, providing, and managing rental opportunities
for specifically identified short-term rental properties. This includes
a person or entity that provides a means through which an operator
may offer a dwelling unit for short-term rental use, and from which
the person or entity financially benefits.
Any dwelling unit utilized and rented for the purpose of
overnight lodging for a period of less than 30 days, 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.
The maximum overnight occupancy of an STR.
Person(s) or agent with authority to make decisions with
regard to the management of the short-term rental. The STR operator
may be the owner, the person(s) in charge or a designated representative
who can legally bind the STR owner in their absence.
The minimum time period allowed for renting a short-term
rental unit.
Permission granted by the Township to utilize a dwelling
unit for short-term rental use.
An application by the Township of Tobyhanna which must be
completed by the STR owner or operator.
An application required by the Township of Tobyhanna which
must be completed by the STR owner or operator for the renewal of
a short-term rental permit after the annual term.
Any online platform and/or brokerage firm promoting and acting
as an agent in offering, providing, and managing rental opportunities
for specifically identified short-term rental properties.
The profit-making use, by any person, of residential property
for transient lodging uses where the term of occupancy, possession,
or tenancy of the property by the person entitled to such occupancy,
possession or tenancy is less than 30 consecutive calendar days.
Any action or inaction by the STR owner or renter that is
noncompliant with any provision of the STR Ordinance.
A.
No owner of any property in Township of Tobyhanna shall operate a
short-term rental in Tobyhanna Township without first obtaining a
short-term rental permit from the Township. Operation of a short-term
rental without such short-term rental permit is a violation of this
chapter. 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.
B.
The issuance of a short-term rental permit is not a warranty that
the premises are lawful, safe, habitable, or in compliance with this
chapter; nor are there any guarantees for the protection of the owner
or STR owner's property.
It is not the intent of this chapter to impair any existing
contracts, leases, or reservations that are evidenced in writing.
[Amended 10-3-2022 by Ord. No. 572]
A.
Short-term rental permit applications shall contain the following
information:
(1)
The address of the subject property intended for rental.
(2)
The name, address, telephone number and email address of the owner.
(3)
The name, address and twenty-four-hour telephone number of all person(s)
in charge.
(4)
Floor plan identifying rooms on all floors, specific location of
bedrooms, and location of any pools labeled as either in-ground or
aboveground.
(5)
The total number of permitted bedrooms.
(6)
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.
(7)
A diagram or aerial photograph showing the location and number of
on-site parking spaces that comply with the definitions contained
within this chapter.
(8)
If not on a central sewer system, 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 Township.
(9)
Copy of current Monroe County hotel room excise tax certificate or
proof of same with tax identification numbers deleted.
(10)
Copy of current Pennsylvania sales and use tax permit certificate
or proof of same with tax identification numbers deleted.
(11)
To the extent permitted by the STR platform, all STR owners
are required to post the STR permit number in a designated field provided
by the STR platform, and if no designated field for the permit number
exists, then the permit number must appear within the property description.
(12)
Copy of written notice to the homeowners' association (HOA),
indicating the intent to make an application for and use the subject
residential property for a short-term rental, when applicable.
(13)
Signatures of the owner, STR operator and person(s) in charge
if designated.
(14)
Each owner shall maintain at least $500,000 in general liability
insurance on the short-term rental for the full duration of their
license term and provide proof of same to the Township.
(15)
All short-term rental owners are strongly encouraged to maintain
a noise-monitoring device as this technology creates verifiable records
to collaborate nuisance complaints and improve enforcement abilities.
(16)
All short-term rentals shall be equipped with the following:
(a)
Smoke detector 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 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;
(i)
Stairs (indoor and outdoor) in good condition;
(j)
All windows shall be in good working order; and
(k)
Fireplaces within the premises shall be cleaned every two years.
B.
A short-term rental permit shall be issued only to the owner of the
short-term rental property.
C.
A separate short-term rental permit is required for each dwelling
unit. With respect to two-family or multifamily dwellings, a separate
permit shall be required for each dwelling unit being rented as a
short-term rental.
D.
Short-term rental permits are subject to renewal at the expiration
of the annual term, provided all conditions of the initial application
and all subsequent renewal application requirements, as set forth
in this chapter, are met, or until any of the conditions of the short-term
rental permit which are governed by this chapter are changed, whichever
shall first occur. Short-term rental permits may be applied for up
to 60 days before the start of the annual term expiration of a short-term
rental permit.
E.
The STR owner must communicate with the Township prior to any renovation
being completed. This notification shall not be construed as approval
through zoning, building, or any other department or agency.
F.
The Township will prescribe forms and procedures for the processing
of permit applications under this chapter.
G.
Verification that the subject property has obtained a license from
Monroe County and the Pennsylvania Department of Revenue to collect
and remit sales taxes and confirmation from the taxing authority that
all taxes remissions are current and up to date.
A.
The STR capacity limit will be limited to two per bedroom if the
permitted septic requirements are consistent with the house design
but shall not exceed a total of 10 persons. The STR capacity limit
must be accurately reflected on all advertising and marketing materials
whether printed or online.
B.
A person must be 25 years of age to contractually rent an STR unit.
C.
Declaration page of a paid-up 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.
D.
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 Township that the septic system is
adequate to handle additional flows. Any short-term rental advertising
more than three bedrooms shall provide proof that the septic system
is adequate to handle such flows by having the system approved by
the Township, or by providing a septic permit previously issued by
the Township.
E.
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.
F.
Outdoor parking for renters shall be limited to available parking
spaces on the short-term rental property, in compliance with the current
provisions of the Zoning Ordinance[1] parking regulations and definitions. In no event shall
parking for STR guests include spaces in any private, community, or
public street right-of-way or on any lawns or vegetated areas.
G.
The STR owner and/or person in charge is responsible for the actions
of all occupants and will ensure compliance with this chapter as well
as any other applicable laws and regulations.
H.
A person in charge must either reside or have an office located within
a thirty-minute drive of the rental unit, must provide a twenty-four-hour
emergency contact number, and be able and willing to come to the short-term
rental within 30 minutes following notification to address any issue,
and be able to act as legal agent for the owner. The person in charge
may be the owner of the short-term rental. The Township shall be notified,
in writing, prior to a change in the identity of the person in charge.
The owner of a short-term rental may designate more than one person
in charge.
I.
Neither short-term rental occupants nor guests shall engage in disorderly
conduct, 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.
J.
Overnight occupancy of recreational vehicles, camper trailers and
tents at the property where the short-term rental is located shall
not be allowed.
K.
Outdoor overnight sleeping of occupants or guests of the short-term
rental is prohibited.
L.
Rentals shall be a minimum of two nights and three days.
M.
A short-term rental shall not have any outside appearance indicating
a change of use from the surrounding residential uses.
N.
Fireworks and floating lanterns are prohibited.
O.
Subleasing all or a portion of the dwelling unit is prohibited.
P.
All short-term rentals shall have a clearly visible and legible packet
of information posted for review within the dwelling unit containing
the following information:
(1)
The name of the owner of the unit or the person in charge 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 consistent with existing Township
ordinances.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit at any time in accordance with the STR capacity limit.
(4)
The maximum number of all vehicles allowed to park on the property
in accordance with the parking space definition and the requirement
that all guest parking must be in the available and designated 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 outside of designated receptacles on the exterior
of the property must be conveyed to the renter by the owner. The owner
most ensure trash receptacles are promptly removed from the curb following
trash pickup and trash cleanup is a priority. Failure to adhere to
clean up following 24 hours after pickup shall subject the owner to
violation provisions of this chapter.
(6)
Notification that an occupant or guest may be cited and fined for
creating a disturbance, exceeding permitted noise limits or for violating
other provisions of the Township of Tobyhanna Code, including parking
and occupancy limits.
(7)
Notification that STR occupants and guests are required to make the
property available for inspection by the Township upon request and
upon reasonable notice being provided.
(8)
A full copy of the Township of Tobyhanna Short-Term Rental Ordinance.
(9)
A copy of the Township of Tobyhanna short-term rental permit for
the subject property.
Q.
All STRs will comply with all applicable zoning and building codes
as well as requirements of all lawful agencies.
A.
Short-term rental fees, payable to Township of Tobyhanna 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 good for a period not to exceed one
year on a rolling basis and must be renewed annually. Short-term rental
permit renewal fees, payable to the Township of Tobyhanna 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.
STR permit renewal applications shall include any updated information
regarding any improvements requiring STR permit modification from
the immediately preceding application with respect to matters governed
by this chapter.
A.
The Township of Tobyhanna Board of Supervisors may appoint an enforcement
officer for the purpose of enforcement of this chapter. The enforcement
officer shall have the responsibility and authority to administer
and enforce all provisions of this chapter.
B.
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.
A.
All STRs shall be subject to oversight by the Township, and the owner
must verify application information, permit, permit renewal and/or
operating requirements.
B.
Inspections may be conducted for ensuring compliance and enforcement
with this chapter.
C.
The issuance of an STR permit is not a guarantee that the premises
is lawful, safe, habitable, or in compliance with this chapter.
A.
All advertising for rentals (including, but not limited to, online
platforms, personal websites, broker sites, etc.) must display the
county and state license numbers prominently as well as the STR capacity
limit.
B.
The marketing of an STR 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 and subject to appropriate fines and
penalties.
A.
In the event of a violation of this chapter, the Township shall send
a written notice of violation to the owner by personal delivery or
by both United States first-class and certified mail.
B.
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 Township based upon the nature of the violation)
to correct the violation.
A.
In the interest of promoting the public health, safety, and welfare
of the Township of Tobyhanna residents and guests and minimizing the
burden on Township and community services and impacts on residential
neighborhoods posed by STRs, a violation of any of the provisions
of this chapter is declared to be a public nuisance.
A.
If there is reason to believe that any provision of this chapter
is being violated, the Township may or may, upon consent, cause entry
onto property for the purpose of inspection of the entire premises,
properties, buildings, and/or structures located within the Township
for ascertaining the existence of violations.
B.
In matters where the nature of an alleged violation potentially harms
the safety, security, and welfare of the occupants or the surrounding
community, and provided there is no apparent immediate emergent threat,
an inspection of the interior of a building or structure will be conducted,
and prior arrangements must be made with the STR owner or person in
charge to secure access thereof with 48 hours' notice.
C.
In the event evidence of a violation with a more immediate threat
is presented to the Township, the Zoning Officer, with the assistance
of the local police, has the right to reasonably waive the rule requiring
a minimum of 48 hours' notice.
D.
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for in the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
E.
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 $1,000 nor more than $3,000 per violation, plus all court
costs and reasonable attorney's fees incurred by the Township
of Tobyhanna in the enforcement proceedings, and/or be imprisoned
to the extent allowed by law for the punishment of summary offenses.
F.
Each day or portion thereof ending at 11:59 p.m. that a violation
exists or continues shall constitute a separate violation.
G.
The appropriate officers or agents of the Township of Tobyhanna are
hereby authorized to seek equitable relief, including injunction to
enforce compliance with this chapter.
H.
All fines, penalties, costs, and reasonable attorney's fees
collected for the violation of this chapter shall be paid to Tobyhanna
Township for its general use.
J.
The revocation or denial to renew a short-term rental permit shall
continue for one-year for the first set of two uncured or repeated
violations and continues for three years for any subsequent set of
violations.
K.
False/nuisance reporting shall be prohibited by this chapter. Any
person who reports an alleged violation of this chapter to the Township
knowing that it did not occur shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000, together with costs, including
reasonable attorney fees.
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 Township under this chapter to
deny any application for, or to renew, an STR permit, or to revoke
an STR permit, shall be filed with the Board of Supervisors within
30 days of the date of the denial of application or revocation of
the 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 duly adopted by
the 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.
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, 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 of Supervisors 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 Board of Supervisors may, but is not required to, make a stenographic
record of the proceedings.
(8)
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.
(9)
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.
(10)
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.
A.
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
minus the invalid portion.
B.
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.
The failure of the Township to enforce any provision of this
chapter shall not constitute a waiver by the Township of its rights
of future enforcement hereunder.
This chapter shall become effective 90 days after enactment.
