[HISTORY: Adopted by the Borough Council of the Borough of
New Hope 8-16-2022 by Ord. No. 2022-03. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "The New
Hope Borough Short Term Rental Ordinance."
A.
The provisions of this chapter shall apply to all residential dwellings
and dwelling units, conversions of nonresidential structures or detached
accessory structures to residential dwellings, and all existing premises
within the Borough of New Hope ("subject property"). The owner of
any such subject property shall be responsible for compliance with
the provisions of this chapter and the failure of an owner and/or
its agency, managing agency, local contact person, or renting occupants
to comply with the provisions of this chapter shall be deemed, and/or
imputed as, noncompliance by the owner.
B.
This chapter shall also not apply to an inn, bed and breakfast, accessory
boarders or lodgers or group home, as defined within the Zoning Ordinance.
This chapter is not intended to, and does not, excuse any landowner
from compliance with any other chapters, sections or subsections of
the Zoning Ordinance, as amended from time to time. Whenever possible,
this chapter and the Zoning Ordinance 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 defined and interpreted as follows:
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 bedroom.
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.
Any person authorized by this chapter to issue permits and
licenses, to conduct inspections, to issue violation notices or summonses,
to enforce compliance with this chapter and the Zoning Ordinance,
to investigate and/or inspect complaints and possible unsafe conditions,
and to otherwise implement and carry out the provisions of this chapter
and the Zoning Ordinance. The Code Enforcement Officer, as used herein
below, shall include, but shall not be limited to, the Zoning Officer,
Fire Marshal, Construction Code Official, any police officer of New
Hope Borough, and his/her designees.
A building that contains one or more dwelling units, as defined
below, used, intended or designed to be used, rented, leased, let
or hired out as a short term rental, as defined below.
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 use of that single family, including guesthouses, consistent
with the Zoning Ordinance.
A person, manager, agent or other representative with actual
authority to represent and act for the owner of the dwelling for purposes
of contact, communication and response regarding the owner's
short term rental. A person in charge must reside, or have a staffed
office, within 20 linear miles of the short term rental, and be able
to respond to and arrive at the short term rental within one hour's
telephonic, text, or email notice, and to act as the legal agent for
the owner for all matters pertaining to the short term rental. The
Borough must be notified, in writing by the owner, not later than
14 days in advance, if there is to be a change in the identity of
the person in charge.
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," as defined in the
Bucks County Tourist Promotion Law 73 P.S. 401, as amended from time
to time, for the purpose of imposing an excise tax by the County of
Bucks.
Written permission granted by the Borough to the owner to
utilize a dwelling unit for short term rental use.
Use of a dwelling unit as a short term rental in accordance
with the requirements of this chapter and including all state, local
and Borough, statutes, codes and ordinances referenced herein.
No owner of any subject property in New Hope Borough shall operate
a short term rental in the Borough without first obtaining from the
Borough Zoning Officer, or from his/her designee, a short term rental
permit ("permit") for each dwelling unit to be used as a short term
rental. Operation of a short term rental without a properly issued
permit constitutes a violation of this chapter.
A.
Short term rental permit applications, in the form approved by Council,
shall contain all of the following information:
(1)
The name, address, telephone numbers and email addresses of the owner. If the owner does not have a person in charge (as defined above and as required by Subsection A(2) below), then the owner shall provide a twenty-four-hour telephone number(s) for direct contact with the owner.
(2)
If during a short term rental period, the owner will be located over
20 linear miles from the short term rental, the owner must appoint
and engage a person in charge to fully act on the owner's behalf
for any matters pertaining to the short term rental during that period.
The owner must also provide to the Borough the name, address, twenty-four-hour
telephone number and email address of the person in charge who will
respond to Borough inquiries in the owner's absence.
(3)
The total number of bedrooms and maximum number of overnight occupants,
and guests of any duration, for each dwelling unit to be used as a
short term rental.
(4)
If the dwelling is a multiunit structure, the total number of dwelling
units in the structure and the number of dwelling units to be used
as short term rentals.
(5)
A diagram or photograph showing the location and number of on-site
parking spaces.
(6)
If not on a public 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 Bucks County
Health Department. Maximum occupancy shall be limited by the capacity
of the sewage disposal system.
(7)
Copies of current Bucks County Lodging Room Rental Tax Certificate
of Authorization and current Pennsylvania Sales and Use Tax Permit.
(8)
Signatures of both the owner and the person in charge (if applicable).
(9)
Trespass waiver, in the form approved by the Code Enforcement Officer,
signed by the owner allowing access to the subject property for the
Code Enforcement Officer, or his/her designee, for the purpose of
inspection to verify compliance with this chapter.
(10)
A copy of the current recorded deed for the subject property
establishing ownership.
(11)
Proof that the owner maintains at least $500,000 in property
and casualty, general liability or like-kind risk insurance on the
short term rental for the full duration of their permit term; that
owner has notified the insurer of the intended short term rental use
of the dwelling; and that the insurance policy as issued includes
short term rental or like coverage and does not exclude such coverage.
The owner shall affirm that they shall comply with all coverage and
notice requirements, terms and/or conditions imposed by the insurer,
and as applicable, of the rental, broker, listing and/or management
company or related entity with whom the owner contracts for purposes
of listing the short term rental for rent; and provide the Borough
proofs of such compliance as applicable.
(12)
Written notice to the homeowners' or condominium association,
indicating the intent to submit an application for a short term rental
permit, when required by the association's by-laws, rules and/or
regulations or like agreement.
(13)
Confirmation that the owner shall expressly reference this chapter
in, and attach a copy of this chapter to, any agreement, lease, contract
or other writing, entered into by the owner and the renter(s) for
purposes of the short term rental and to provide the renter and all
overnight occupants all necessary twenty-four-hour contact information.
(14)
Signature of the owner acknowledging receipt, review, understanding
of, and agreement to comply with, this chapter.
B.
A short term rental permit shall be issued only to the owner of the
short term rental.
(1)
A separate short term rental permit is required for each dwelling
unit;
(2)
For two-family or multifamily dwellings, a separate permit shall
be required for each dwelling unit being rented as a short term rental.
(3)
A short term rental permit is effective for a period of one year,
or until any of the conditions of the short term rental which are
governed by this chapter are changed, whichever shall first occur.
A short term permit must be renewed annually and also when any of
the conditions of the short term rental which are governed by this
chapter are changed.
(4)
The Borough will prescribe forms and procedures for the processing
of permit applications under this chapter.
(5)
The dwelling unit shall and must be owner-occupied when not rented
as a short term rental. A nonowner-occupied dwelling unit may be rented
as a short term rental if it is an individual dwelling unit located
within a larger owner-occupied structure, or a separate dwelling unit
located on a parcel that is otherwise owner-occupied.
(6)
If the subject property is sold, any and all short term rental permits
as issued shall expire upon transfer of the subject property to the
new owner. If the new owner wants to establish the subject property
as a short term rental, they must apply for a new permit or permits
subject to the requirements of this chapter.
A.
Overnight occupancy of a short term rental, regardless of the number
of dwelling units, shall be limited to no more than (I) what is permitted
by Chapter 4 of the 2018 International Property Maintenance Code,
as amended from time to time, ("IPMC") or (II) a maximum of 10 occupants,
whichever is less. Overcrowding shall be prohibited per Chapter 4
of the IPMC.
B.
The maximum number of short term guests allowed at any one time and who shall be precluded from overnight occupancy (hereinafter "guests"), shall be 75% for the maximum overnight occupancy as determined by Subsection A above.
C.
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 the subject property. Where there is no sewage
permit on record, the short term rental shall be limited to three
bedrooms unless proof satisfactory to the Code Enforcement Officer,
or his/her designee, is provided to the Borough that the septic system
is adequate to handle additional flows. Any short term rental advertising
more than five bedrooms shall provide proof that the septic system
is adequate to handle such flows by having the system approved by
the Code Enforcement Officer, or his/her designee, or by providing
a septic permit previously issued by a Code Enforcement Officer, or
his/her designee confirming the system's adequacy. If a sewage
system malfunction occurs, the short term rental shall be discontinued
and the permit suspended until the malfunction is corrected in accordance
with Borough and Pennsylvania Department of Environmental Protection
requirements.
D.
Overnight occupants' and guests' parking shall not obstruct
spaces in any public street, curbing, sidewalk, pathway, easement
of other right-of-way or be located on any lawns or vegetated areas.
E.
Overnight occupants and guests shall not engage in disorderly conduct
or disturb the peace and quiet of any nearby neighborhood or person
by loud, unusual or excessive noise, by tumultuous or disturbances,
offensive conduct, public indecency, use of obscenities, threatening,
quarreling, challenging, or soliciting to fight, or fighting, or creating
a dangerous or physically harmful of offensive condition. Such overnight
occupants, and guests, shall further and fully comply with the Borough
Code and all state and/or local laws, ordinances or regulations regarding
their occupancy, as amended from time to time, as applicable to persons
within the Borough.
F.
The owner, or the person in charge when applicable, shall use best efforts to ensure that the overnight occupants, and guests, do not engage in conduct of the types described in Subsection E above or otherwise violate provisions of the Borough Code or any state, local or Borough laws, ordinances or regulations, as amended from time to time (collectively, "conduct violations"), including, but not limited to, notifying the overnight occupants, and guests, of the rules regarding short term rentals and responding when notified of conduct violations.
G.
When notified of conduct violations by an overnight occupant, or
guest, the owner or the person in charge when applicable, shall promptly
use best efforts to prevent a recurrence of such conduct.
H.
Overnight use and occupancy of recreational vehicles, camper trailers,
temporary shelters, and tents, and otherwise, outdoor overnight sleeping,
at the subject property where the short term rental is located, are
prohibited.
I.
Short term rental shall not have any outside appearance indicating
a change of use from the surrounding residential uses. There shall
be no exterior signage or exterior visible advertising posted anywhere
on the property or building.
J.
Fireworks, open burning and floating lanterns are prohibited.
K.
Subleasing all or a portion of the dwelling unit is prohibited, except
as allowed by the zoning ordinance as an accessory use and subject
to sublessee's(s') full and complete compliance with the
terms of this chapter as applicable.
L.
A copy of this short term rental ordinance must be expressly referenced
in and attached to the agreement, lease, contract, or other writing,
entered into by the owner and the renter(s) for purposes of the short
term rental.
M.
The owner shall have a clearly visible and legible notice posted
within the dwelling unit on, adjacent to, or in closest proximity
to, the front door, containing the following information:
(1)
The name of the owner, and if applicable, the person in charge, together
with the telephone number(s) at which they can be reached on a twenty-four-hour
basis.
(2)
The E-911 address of the subject property where the dwelling unit
being used as a short term rental is located.
(3)
The maximum number of overnight occupants, and guests, permitted
to stay in the dwelling unit at any one time.
(4)
The maximum number of all vehicles allowed to be on the property
and the requirement that all vehicles must be parked in the available
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 and refuse pick-up day, and notification that trash and
refuse shall not be left or stored on the exterior of the property
except in appropriate containers until pick-up day.
(6)
Notification that an overnight occupant, or guest may be cited and
fined any violation of this chapter, and are required to make the
dwelling unit available for inspection by the Code Enforcement Officer,
or his/her designee, upon request.
N.
All short term rentals shall be equipped and/or comply with the following:
(1)
Smoke detectors in each bedroom;
(2)
Smoke detectors outside each bedroom in common hallways;
(3)
Smoke detectors on each floor;
(4)
GFI outlets for outlets located within six feet of all water sources;
(5)
Aluminum or metal exhausts from dryers;
(6)
A carbon monoxide detector if open flame (oil or gas) furnace, gas
or wood fireplace, or wood-burning stove, or any fuel fired appliance,
is present and operational;
(7)
A carbon monoxide detector if a garage is attached;
(8)
A fire extinguisher in the kitchen;
(9)
Stairs (indoor and/or outdoor) in good condition;
(10)
Swimming pools, hot tubs and spas that meet the barrier requirements
as indicated in 2018 International Swimming Pool and Spa Code;
(11)
Any other occupancy requirements as adopted by the Borough Council
from time to time; and
(12)
The building shall be maintained and occupied in compliance
with all provisions of the 2018 International Property Maintenance
Code, 2018 International Fire Code, 2018 International Building Code,
PA UCC and all sections of this chapter, whichever is more restrictive,
and each as amended and from time to time.
O.
Compliance with the requirements of this § 219-7 shall be considered mandatory conditions of a short term rental permit ("permit(s)"), the violation of which may result in a revocation of the permit by the Enforcement Officer. In the event that more than one short term rental is located on a single property and any one short term rental is in violation of any of the requirements of this section, all permits associated with the property may be revoked.
P.
Short term rental of the dwelling unit is limited to the greater
of 15 rental periods per calendar year, or 180 nights in the aggregate,
with no rental period exceeding 30 days; meaning that, a dwelling
unit may not be rented for more than 180 nights in a calendar year
("rental limit").
Q.
In the event that more than one dwelling unit is available for short term rental, the rental limit set forth in Subsection P shall apply to the entire property regardless of the number of dwelling units that exist for which permits have been issued; meaning that, each rental period that any dwelling unit on the subject property is rented shall count as one rental period toward the fifteen-rental period limit, and each night that any dwelling unit on the subject property is rented shall count as one night toward the 180-night aggregate limit, for the whole of the subject property.
R.
The owner shall not enter into a short term rental arrangement with
a person who is under the age of 18 years, nor shall an owner allow
persons who are under the age of 18 and who are not accompanied by
an adult, be to occupy a dwelling unit or the subject property.
A.
Short term rental fees, payable to New Hope Borough upon the filing
of a short term rental permit application, shall be in such amount
as may be established by resolution duly adopted by Council.
B.
Any short term rental permit is good for a period not to exceed one
year from the date of issuance and must be renewed annually. Short
term rental permit renewal fees, payable to New Hope Borough 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 Council.
C.
Short term rental permit renewal applications, in the form approved
by Council, shall contain information regarding any changes from the
immediately preceding application with respect to matters governed
by this chapter.
D.
Verification that all applicable county and state rental, sales and
use taxes have been paid shall be made before a permit renewal is
granted.
The administrator of this chapter shall be the Code Enforcement
Officer, or his/her designee, as appointed by the Borough. The Code
Enforcement Officer, or their designee, shall have the responsibility
and authority to administer and enforce all provisions of this chapter.
A.
At the owner's expense, charged by the Borough as part of the
annual permit fee, all short term rentals shall be subject to annual
inspections by the Code Enforcement Officer, or his/her designee,
to verify application information, permit, permit renewal and/or operating
requirements. In addition, short term rentals shall be subject to
annual fire inspections, the cost of which shall be charged separate
from the permit fee.
B.
The issuance of a short term rental permit shall indicate that the
dwelling unit was determined to be in compliance with applicable codes
and ordinances at the time of the Code Enforcement Officer, or their
designee's, inspection. The issuance of a short term rental permit
is not a warranty that the premises is lawful, safe, habitable, or
in compliance with this chapter.
C.
If there is reason to believe that any provision of this chapter
is being violated, the Code Enforcement Officer, or their designee,
may access the exterior portions of the property during normal business
hours for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within the Borough for ascertaining
the existence of violations. In those matters where the nature of
an alleged violation is such that an inspection of the interior of
a building or structure is necessitated, the except in the event of
an emergency, prior arrangements shall with reason notice be made
with the owner or the person in charge to secure access thereof.
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 a Code Enforcement Officer, or their designee,
that a violation of this chapter exists or has occurred, the Code
Enforcement Officer, or their designee, shall send a written Notice
of Violation to the owner by personal delivery or 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 and any other applicable chapter of the Borough Code
of Ordinances, which have been 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 Borough and community services and impacts
on residential neighborhoods posed by short term rentals, a violation
of any of the provisions of this chapter shall be declared a public
nuisance.
A.
This chapter shall be enforced by action brought before a magisterial
district judge of appropriate jurisdiction in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. 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 $100 nor more than $1,000 per violation, plus
all court costs and reasonable attorney's fees incurred by New
Hope Borough in the enforcement proceedings, and/or be imprisoned
to the extent allowed by law for the punishment of summary offenses.
Each day or portion thereof that a violation exists or continues shall
constitute a separate violation. Further, the appropriate officers
or agents of New Hope Borough are hereby authorized to seek equitable
relief, including injunction to enforce compliance with this chapter,
which equitable relief may separately include, as determined by the
court, the imposition of court costs and reasonable attorney's
fees incurred by New Hope Borough in the enforcement proceedings.
All fines, penalties, costs and reasonable attorney's fees collected
for the violation of this chapter shall be paid to New Hope Borough.
B.
In addition to, but not in limitation of, the provisions of §§ 219-07,
219-13 and 219-14A, the Enforcement Officer shall either revoke, or
deny an application to renew, a short term rental permit in the event
of three uncured or repeated violations of this chapter in any rolling
twelve-calendar-month period. The revocation or denial to renew a
short term rental permit shall extend for six months for the first
set of three uncured or repeated violations, and shall be extended
up to one year for any subsequent sets of violations.
If the premises are owned by more than one owner, each owner
shall jointly and severally be subject to prosecution for a violation
of this chapter.
A.
Appeals of a determination of the Code Enforcement Officer, Zoning
Officer or their designee(s), under this chapter to deny any application
for a short term rental permit, or to deny renewal of, or to revoke,
such a permit, or appeal a short term rental violation, shall be filed
with the Borough within 30 days of the date of the denial of application
or revocation of permit or notice of violation. Appeal shall be processed
as follows:
(1)
All appeals shall be in writing and signed by the appellant on forms
prescribed by the Borough, and shall be accompanied by a fee, the
amount of which shall be established by the Borough Council, by resolution
from time to time, 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.
Hearings. The Borough Council 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", and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant, the Code Enforcement
Officer, 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 Borough Council, 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 Borough Council. The decision
or, where no decision is called for, the findings shall be in writing
by the Borough Council 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 Borough Solicitor or his designee, 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 Borough Council may, but is not required to, make a stenographic
record of the proceedings. In the event a stenographic record of the
proceedings is not provided by the Borough Council, a stenographic
record shall be made and kept at the request of any party agreeing
to pay the costs thereof. 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.
(8)
The Borough Council 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.
