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, 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. 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.
DWELLING UNIT
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.
HOTEL
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.
OVERNIGHT GUEST
Any individual lodging overnight at a short-term rental for
a period of 30 days or less.
PARKING SPACE
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) 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 PLATFORMS
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 (STR)
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.
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 A DWELLING UNIT
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.
VIOLATIONS
Any action or inaction by the STR owner or renter that is
noncompliant with any provision of the STR ordinance.
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.
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.
If the premises is owned by more than one owner, each owner
shall severally be subject to prosecution for a violation of this
chapter.
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.