[HISTORY: Adopted by the Board of Commissioners of the Township of Robinson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly locations — See Ch. 186, Art. II.
Taxation — See Ch. 260.
[Adopted 5-1-1972 by Ord. No. 440-1972; amended in its entirety 8-14-1989 by Ord. No. 16-1989 as Ch. 11, Part 1, of the 1989 Code]
This article is enacted to provide for the uniform and equitable distribution of the tax levies in the Township of Robinson and upon the inhabitants thereof and to promote the health, safety, morals and general welfare of the inhabitants of the Township of Robinson.
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BUSINESS UNIT
A parcel of real estate, with or without improvements located thereon, utilized by any person or persons for any commercial activity or purpose.
DWELLING UNIT
One or more rooms used for living and sleeping purposes, arranged for occupancy by one family or by one or more persons.
LANDLORD
A lessor or person who acts as agent for the lessor of any parcel of real estate located in the Township of Robinson or a lessor or person who acts as agent for the lessor of any improvements on real estate or any building located in the Township of Robinson.
PERSON
Any individual, partnership, association, firm or corporation.
TENANT
A person who has the use, either by himself or with others, of a dwelling unit or a business unit owned by a person other than himself for a period exceeding 30 days.
[Amended 3-1-2021 by Ord. No. 3-2021]
A. 
Within 30 days from the effective date of this amendment and on April 1 and September 1 of each calendar year, each landlord shall submit to the Township Manager or his designated agent an approved form supplied by the Township Secretary which includes the following information:
(1) 
A list of the dwelling units and business units owned by the landlord located within the Township of Robinson limits, whether occupied or not occupied;
(2) 
Address of each individual dwelling unit and business unit;
(3) 
Brief description of each dwelling unit or business unit;
(4) 
Whether or not said dwelling unit or business unit is inhabited or utilized by tenants; and
(5) 
Names of the tenant or tenants utilizing the aforementioned dwelling unit or business unit, if any.
B. 
On April 1 and September 1 of each calendar year, each landlord must update the information as required by Subsection A(2), (4) and (5). The apartment number or other designation of a dwelling unit or business unit located in multifamily structures must be designated individually and specifically.
After the effective date of this article, any person who becomes a landlord of any parcel of real estate or any improvement on real estate or building located in the Township of Robinson by agreement of sale, by deed, or by any other means shall, within 30 days thereafter, report to the Township Manager or his designated agent the information and data set forth in § 212-3 above and on forms to be provided by the Township Secretary.
After the effective date of this article, each and every landlord of property within the Township of Robinson shall report to the Township Manager or his designated agent on a report form to be supplied by the Township Secretary any change in the use or occupancy of any dwelling unit or business unit owned by such landlord. The reported change shall include the name or names of new tenants of such dwelling unit or business unit, the date when such change was effected, and the forwarding address of the old tenant or tenants, if known. A landlord of a hotel, inn or boardinghouse shall not be required to report a person as a tenant until that person has resided in such landlord's establishment for a period exceeding 30 days. In the event that a dwelling unit or business unit was used or utilized by a tenant and then becomes vacant, this change shall also be reported to the Township Manager or his designated agent. All reports required by this section shall be made within 10 days after a landlord has knowledge that such a unit has had a change in occupancy or has become vacant.
The Secretary, under the authority of this article, shall:
A. 
Maintain on file at the Township office the names of the landlords owning dwelling units and business units in the Township of Robinson, said list to include the names of the current tenants of said dwelling units and business units;
B. 
Maintain a supply of forms for landlords to use in making reports to the Township Manager or his designated agent as required by §§ 212-3, 212-4 and 212-5 of this article;
C. 
Notify the Chief of Police and the Fire Chief of the Township of Robinson of the address and description of any dwelling unit or business unit that is vacant, unoccupied and not in use.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days.
[Adopted 9-12-2022 by Ord. No. 3-2022]
This article shall be known and may be cited as the "Short-Term Rental Ordinance."
The Township desires to permit short-term rental uses within specific zoning districts with the Township in such a manner as to provide the benefits of such rentals while protecting the character and residential qualities of the neighborhoods in which the short-term rentals may be conducted. The Board of Commissioners of the Township specifically finds and declares as follows:
A. 
Short-term rentals provide a community benefit by expanding the number and type of lodging facilities available and assist owners of short-term rentals by providing revenue which may be used for maintenance, upgrades, and deferred costs.
B. 
While most short-term rentals operate without issue, there have been numerous issues throughout the country, the Commonwealth of Pennsylvania, and specifically the Township with short-term rentals including excessive noise, parking, litter and concerns regarding security, public safety and trespass.
C. 
The transitory nature of occupants of short-term rentals makes enforcement against the occupants difficult and to prevent the potential negative impacts on residential neighborhoods posed by short-term rentals.
D. 
The provisions of this article are necessary to prevent the continued burden on the Township and community services and to prevent the potential negative impacts on residential neighborhoods posed by short-term rentals.
E. 
Compliance with the terms and provisions of this article shall have the meanings provided for in the Township of Robinson to maintain the character and nature of residential zoning districts within the Township.
The words and/or phrases used in this article shall have the meanings provided for in Township of Robinson Municipal Code, Chapter_____, Article _____, Section_____,[1] unless otherwise defined herein.
[1]
Editor's Note: So in original.
No owner of a short-term rental shall rent, offer to rent, or advertise for rent the short-term rental to another person without a valid short-term rental permit approved and issued in the manner provided for by this article. Permits are nontransferable.
An application for a short-term rental permit shall be filled out and turned into the Township Code Official/Zoning officer. The application shall contain the following information:
A. 
The name, address, phone number and email address of the short-term rental owner. If the owner is the designated contact person, the owner shall provide a twenty-four-hour phone number.
B. 
The name, address, phone number, email address and twenty-four-hour phone number of the contact person, if the owner is not the designated contact person, the owner shall provide a twenty-four-hour phone number.
C. 
A photograph of the short-term rental taken from the front of the short-term rental.
D. 
A floor plan of the short-term rental indicating the number of bedrooms and/or dwelling units offered for rent and the maximum number of overnight guests permitted.
E. 
A diagram or photo of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants.
F. 
A diagram or photo of the premises showing and indicating the number and location of off-site parking spaces, if any, for use by an overnight occupant of short-term rental.
G. 
A copy of the owner's registration with the Allegheny County Treasurer's Officer Special Tax Division.
H. 
An acknowledgment that the owner, agent and/or contact person have read all regulations pertaining to the operation of the short-term rental.
I. 
An acknowledgement that the owner, agent, and/or contact person must post and maintain the short-term rental with the notice required in § 212-20.
J. 
Municipal lien letters and tax certifications evidencing no outstanding municipal liens, taxes and/or utilities due and owing against the property and/or any property owned by the owner within the Township.
K. 
Valid occupancy permit from the Township of Robinson.
A. 
A short-term rental permit shall be valid for the year for which it was issued. The owner shall renew a short-term rental permit by re-applying every year on or before December 1. If the information contained in the initial application for a short-term rental permit is unchanged, the owner may submit to the Township a letter indicating as such and the initial application may be used for purposes of renewing the short-term rental permit. The owner shall remit to the Township a renewal fee in amount set forth § 212-14B. If the owner fails to submit a renewal application and required fee by December 1, the owner shall be assessed the following late fees:
After December 1
25% of renewal fee
After December 31
50% of the renewal fee
After January 15 of subsequent year
100% of the renewal fee
B. 
If owner fails to submit a renewal application and required fee by January 31 of the subsequent year, the permit shall expire, become null and void, and the owner must submit an application for a new short-term rental permit.
A. 
Permit/application fee. An application for a short-term rental permit shall be accompanied by an initial fee in the amount established by resolution of Council.
B. 
Renewal fee. An application for renewal of a short-term rental permit shall be accompanied by a fee in an amount established by resolution of Council.
C. 
Nonrefundable. Permit/application and renewal fees are nonrefundable and may not be prorated.
No permit application, or renewal application, shall be denied if it is in compliance with the provisions of this article and accompanied by the required fee. If a short-term rental permit is denied, the Code Official/Zoning Officer shall send the owner written notice of the denial along with the specified reasons for the denial. The owner has the right to appeal the denial of a permit under § 212-21 below.
Any short-term rental permit may be subsequently revoked by the Code Official/Zoning Officer when the Code Official/Zoning Officer finds that the information contained in the application is false, or a violation of this article has occurred on three or more occasions in a rolling twelve-month period. A permit may only be revoked after written notice to the owner describing the violation or the condition by citing to the applicable sections of this article and notifying the owner of their right to appeal under § 212-20 below.
A. 
Prior to the issuance of a permit under this article or renewal of permit under § 212-13 above, the owner of a short-term rental must permit the Code Official/Zoning Officer appointed by the Township to inspect the short-term rental unit to ensure that the short-term rental unit is in compliance with the most recently adopted International Property Maintenance Code and other applicable codes as deemed by the Code Official/Zoning Officer adopted by the Township and then in effect.
B. 
An inspection fee established by resolution of the Board of Commissioners shall be charged for any inspection necessary and in accordance with the Ordinance.
All short-term permits issued pursuant to this article are subject to the following standards.
A. 
Owner shall limit overnight occupancy of the short-term rental to two occupants per bedroom, but in any case, no more than eight overnight occupants per short-term rental. Children 12 or under do not count towards the limit of overnight occupants.
B. 
The maximum number of day guests allowed at one time, in addition to the overnight occupants, shall be 75% of the maximum overnight occupancy of the short-term rental (i.e., if the maximum number of overnight occupancy is six, the maximum amount of days guest permitted to be at the short-term rental would be four, for a total of 10 people).
C. 
Short-term rentals may only be available to rent for a minimum of two consecutive days and a maximum of up to seven consecutive days.
D. 
The owner shall limit the number of all vehicles of overnight occupants to the number designated in the short-term rental application, with the number of all vehicles not to exceed the number of designated on-site parking spaces.
(1) 
The number and location of all parking for overnight occupants shall be designated on the permit and shall be located on the owner's property and not in any private community or public right-of-way.
(a) 
If no on-site parking is available, occupants or guests are permitted to use any lawful on-street parking.
(2) 
All parking spaces shall be improved to a mud-free condition with paving, stone or similar material approved by the Township.
E. 
The owner shall use best effort to ensure the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this article or other ordinances of the Township. The owner shall notify occupants and guests of rules/laws regarding short-term rentals and respond when notified those occupants and/or guests are violating such rules/laws. It us not intended for the owners or contact person to act as an enforcement officer or place himself or herself in harm's way.
(1) 
The owner or contact person shall, upon notification that the occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of this article or other Township ordinances or state laws pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guest and/or future occupants or guests.
F. 
Occupancy of recreational vehicles, camper trailers, tents and other similar items shall not be allowed.
G. 
The use of any open fires, fire pits, charcoal burning grills, or other devices shall be the responsibility of the owner or contact person and shall comply with all Township, County and State Laws. All open fires shall be extinguished by 12:00 midnight.
H. 
All short-term rentals shall comply with all applicable building codes and shall have the requisite number of functioning smoke and/or fire detectors, fire extinguishers, carbon monoxide monitors and other safety devices required under the applicable code.
I. 
Marketing standards. All short-term rentals shall comply with the following marketing standards:
(1) 
Advertising or marketing the occupancy of a short-term rental for a number of occupants which exceeds the occupancy requirements permitted by this article.
(2) 
Advertising or marketing the occupancy of a short-term rental prior to obtaining a short-term rental permit.
(3) 
Advertising or marketing the occupancy of a short-term rental without providing parking information.
(4) 
Short-term rentals must be listed and/or advertised through a third-party entity (i.e., Airbnb, VRBO, etc., but not Facebook Marketplace, Craigslist, etc.).
J. 
Each short-term rental shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:
(1) 
The name of the contact person and a telephone number at which that party may be reached on a twenty-four-hour basis.
(2) 
The 911 address of the property.
(3) 
The maximum number of occupants permitted to stay in the short-term rental dwelling unit and maximum number of day guest permitted at one time.
(4) 
The maximum number of vehicles allowed to be parked on the property and the requirement that all renter/guest parking must be on the property and not in any private, community, or public right of way.
(5) 
Notice that trash and refuse shall not be left or stored on the exterior of the short-term rental; and directions for the proper disposal of trash and refuse.
(6) 
Notice that the occupant may be cited and fined for creating a disturbance of for violating other provisions of this article.
K. 
Each of these standards is a condition of any permit issued pursuant to this article, and failure to comply may result in revocation of the permit.
A. 
Upon learning of a violation of this article upon the premises of a short-term rental, the Code Official/Zoning Officer may file a civil enforcement action with the Magisterial District Judge and/or issue a notice of violation pursuant to § 212-20 to the violator, and if the violator is an occupant, to the owner.
B. 
Complaints concerning conduct by occupants and/or guests of short-term rentals received by the Township and/or Code Official/Zoning Officer shall be promptly investigated by the Code Official/Zoning Officer.
(1) 
If the complaint can be substantiated, the Code Official/Zoning Officer may issue a notice of violation.
C. 
Complaints concerning conduct by occupants and/or guests of short-term rentals received by the Robinson Township Police Department shall be handled according to the policies and procedures of the Robinson Township Police Department in conjunction with all applicable local, state and federal laws.
(1) 
If the complaint can be substantiated, the responding officer shall perform all duties required of him or her in enforcing the law, including issuing any citations or making arrests for any such unlawful conduct.
(2) 
If the complaint is substantiated, regardless of any action taken by a responding officer, the responding officer shall forward the report to the Code Official/Zoning Officer the substantiated compliant. If the complaint can be substantiated, the Code Official/Zoning Officer may issue a notice of violation. A citation or other applicable charges filed against an owner, occupant or guest by the responding officer, shall not prohibit enforcement of this article.
A. 
Contents of Notice. The notice of violation shall contain at least the following information.
(1) 
The name of the property owner and/or person the Code Official/Zoning Officer is intending to take action against.
(2) 
The address of the property involved.
(3) 
A citation to the specific section of this article and a description of the conditions that constitute the violation.
(4) 
What actions are required to abate and/or otherwise correct the violation and the time period within which the condition must be abated. In certain cases, immediate correction may be required, or the offense is not of an ongoing nature (i.e., substantiated noise complaint).
(5) 
The potential penalties if not abated.
B. 
The notice may be served upon the owner and/or contact person by regular U.S. Mail, personal service, and/or posting on the property.
A. 
Filing an Appeal. Appeals from an action under this article to deny any application for, or to renew, a short-term rental permit, or revocation of such short-term rental permit, shall be filed with the Township Manager within 30 days of the date of the denial or application or revocation of permit.
(1) 
Appeals shall be in writing and signed by the appellant on form prescribed by the Township, and shall be accompanied by a fee, the amount of which shall be established by resolution of Council, which may include notice and advertising cost, 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, the relevant sections of this article, and the relief sought.
B. 
Hearing. The Board of Commissioners shall conduct hearings and make decisions pursuant to the Act of December 2, 1968, known as the "Local Agency Law,"[1] and in accordance with the following provisions:
(1) 
Written notice shall be given to the appellant and any person who has made a timely request for the same. Written notice shall be given not less than seven days prior to the hearing.
(2) 
The hearing shall be held within 60 days from the date the appeal is filed, unless the appellant agrees in writing to extend said time.
(3) 
The hearing shall be conducted by the Board of Commissioners. The decision or, where no decision is called for, the findings shall be rendered by the Board 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 whose appearances have been entered and requested copies.
(4) 
The President of the Board, or his/her designee, shall have the power to administer oaths and issue subpoenas to compel the attendance of witness and the production of 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 witness 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 shall not be required to, but may, make a stenographic record of the proceedings. In the event a stenographic record of the proceedings is not provided by the Board, 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.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
C. 
Stay. Appeals concerning revocation of a permit or denial of renewal application shall act as a stay of enforcement until the matter is heard and decided by the Board.
A. 
Failure to comply with any provisions of this article and/or failure to comply with an order to abate and/or correct a violation of this article, shall be a violation of this article may subject the owner to civil prosecution, and the revocation of any short-term rental permit previously issued.
B. 
Any person who has violated or permitted the violation of any provision of this article, shall, upon determination of violation by a judge of Court of Common Pleas of Allegheny County or a Magisterial District Judge, be sentenced to pay a fine of not more than $1,000 but not less than $500, per day per violation, together with costs, including reasonable attorney fees. Each day of the violation shall constitute a separate offence for which additional penalties may be sought.
C. 
The Township reserves the right to avail itself to other forms of appropriate legal and/or equitable remedies including injunctive relief, for violations of this article.
D. 
If an owner is convicted of three violations which occurred in any rolling 12 calendar months, then the license shall be revoked by the Township for a period of one year and the short-term rental must be discontinued for that time.
The terms of this article shall apply retroactively to all short-term rental facilities currently operating a well as prospectively.