[HISTORY: Adopted by the Board of Supervisors of the Township
of Bern 5-2-2023 by Ord. No. 341-2023. Amendments noted where applicable.]
This chapter shall be known as the "Short-Term Rental Registration
Ordinance."
This chapter is adopted to protect the health, safety and welfare
of Township residents and to prevent the loss of life, limb and property
from failure of short-term rental units to comply with applicable
building and safety codes.
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,[1] hereby adopt the following rules and regulations governing
short-term rentals within the boundaries of the municipality.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
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 zoning districts that allow the
short-term rental use.
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.
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. 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,
and sitting room or similar space is not to be considered a bedroom.
A building or structure or portion thereof providing one
or more rooms arranged for the use of one or more individuals living
together as a single housekeeping unit and having no cooking or sanitary
facilities in common with any other dwelling unit.
A building or group of buildings containing seven or more
individual rooms for rental, primarily transients, with common hallways
for all rooms on the same floor and where no provision is made for
cooking in any individual room or suite. "Hotel" does not include
institutional or educational uses and buildings where human beings
are housed under legal constraint.
An overnight guest.
Any individual lodging overnight at a short-term rental for
a period of 30 days or less.
An area with a minimum dimension of 200 square feet and a
minimum width of 10 feet, designed to delineate the area necessary
to store an operable automobile.
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.
An application by Township of Bern which must be completed
by the STR owner or operator.
An application required by the Township of Bern 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 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.
A dwelling unit, or portion thereof, that is offered or provided
to a guest by a property owner or their agent for a fee for fewer
than 30 consecutive nights. They are commonly referred to as "vacation
rentals." They are a form of tourist or transient accommodations.
Short-term rental units may be whole house rentals, apartments, condominiums,
or individual rooms in homes. For the purpose of administration and
enforcement of this title, the terms "overnight rental," "nightly
rental," and ''vacation rental" are interchangeable with
short-term rentals. Subleasing or subletting of units for short-term
rental is prohibited if the zoning in the district in which the dwelling
unit is located does not permit such use.
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.
Permission granted by the Township to utilize a dwelling
unit for short-term rental use.
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 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 the Township of Bern shall operate a
short-term rental in Bern 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 the 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.
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.
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)
The total number of permitted bedrooms.
(5)
Floor plan identifying rooms on all floors, specific location of
bedrooms, and location of any pools labeled as either in-ground or
aboveground.
(6)
If the building is a multi-unit 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 STR chapter.
(8)
Copy of current Berks County Hotel Room Excise Tax Certificate or
proof of same with tax identification numbers deleted.
(9)
Copy of current Pennsylvania Sales and Use Tax Permit Certificate
or proof of same with tax identification numbers deleted.
(10)
Signatures of the owner, STR operator and person(s) in charge
if designated.
(11)
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.
(12)
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.
(13)
An inspection by the Zoning Officer is required for the approval
of the original permit application for the short-term rental. An acknowledgement
form shall be submitted for each annual permit renewal application.
The inspection and the acknowledgement form is to verify that the
short-term rental is 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 a water source;
(e)
Carbon monoxide detector if open flame (oil or gas) furnace,
gas or wood fireplace, or wood-burning stove;
(f)
Carbon monoxide detector if garage is attached;
(g)
Fire extinguisher in kitchen;
(h)
Stairs (indoor and outdoor) in good condition;
(i)
All windows shall be in good working order; and
(j)
Fireplaces within the premises shall be cleaned every two years.
(k)
The STR owner or person in charge will not rent the STR unit
to a person under 18 years of age.
B.
A short-term rental permit shall be issued only to the owner of the
short-term rental property.
C.
A short-term rental application shall be denied if the applicant
has any outstanding or uncured code violations.
D.
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 short-term
rental.
E.
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 STR 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.
F.
The STR owner must apply for and secure the appropriate permits from
the Township before starting any renovations.
G.
The Township will prescribe forms and procedures for the processing
of permit applications under this chapter.
H.
The STR cannot be occupied with the number of persons over the occupancy
limit as established by the currently adopted International Property
Maintenance Code occupancy limits.
I.
Outdoor parking for renters shall be limited to available parking
spaces on the short-term rental property. One off-street parking space
shall be made available on the property for each bedroom in the STR.
Parking spaces shall be stoned or paved and accessible by a driveway.
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.
J.
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.
K.
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 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.
L.
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. The limiting of unreasonable noise at the property line
shall be exercised between the hours of 10:00 p.m. and 7:00 a.m. daily.
M.
Overnight occupancy of recreational vehicles, camper trailers and
tents at the property where the short-term rental is located shall
not be allowed. Outdoor fires shall not be allowed.
N.
Outdoor overnight sleeping of occupants or guests of the short-term
rental is prohibited.
O.
A tenant log shall be maintained by the STR owner or person in charge.
P.
The STR owner or person in charge shall not permit re-occupancy of
the STR to persons who have been documented as violating this chapter.
Q.
A short-term rental shall not have any outside appearance indicating
a change of use from the surrounding area.
R.
Subleasing all or a portion of the dwelling unit is prohibited.
S.
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 the Township of Bern 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 Bern 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.
The Township of Bern Board of Supervisors may appoint an enforcement
officer for the purpose of enforcement of this article. The enforcement
officer shall have the responsibility and authority to administer
and enforce all provisions of this chapter.
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.
In the interest of promoting the public health, safety, and
welfare of the Township of Bern 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 the 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 forty-eight-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 forty-eight-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 Bern 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 Bern 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 the Township
of Bern 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 is 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 the 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 address 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: 2 Pa.C.S.A. § 551 et seq. and
Pa.C.S.A. § 751 et seq.
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.
