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.
G. This chapter shall not apply to a resort, camp, hotel/motel/inn,
bed-and-breakfast, or boardinghouse or rooming house, as defined within
the Zoning Ordinance.
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, hereby adopt the following rules and regulations governing
short-term rentals within the boundaries of the municipality.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
ANNUAL TERM
Twelve-month rolling period in which an application is valid.
BEDROOM
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.
DWELLING UNIT
A building or portion thereof providing complete housekeeping
facilities for one family or a group of unrelated persons using such
facilities in common.
OVERNIGHT GUEST
Any individual lodging overnight at a short-term rental for
a period of 30 days or less.
PARKING SPACE
Area used for the parking of a registered motor vehicle.
PERSON(S) IN CHARGE
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.
SHORT-TERM ONLINE PLATFORM(S)
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.
SHORT-TERM RENTAL
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.
SHORT-TERM RENTAL OPERATOR
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.
SHORT-TERM RENTAL PLATFORM
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.
TRANSIENT USE OF RESIDENTIAL PROPERTY
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.
VIOLATIONS
Any action or inaction by the STR owner or renter that is
noncompliant with any provision of the STR Ordinance.
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.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for a violation of this
chapter.
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.