[HISTORY: Adopted by the Borough Council of the Borough of
East Petersburg 2-6-2024 by Ord. No. 325. Amendments noted where
applicable.]
This chapter shall be known as and may be cited as the "East
Petersburg Borough Short-Term Rental Ordinance."
A.
The provisions of this chapter shall apply to all short-term rentals, as defined in Article 2, § 124-202 of the Zoning Ordinance of the Borough of East Petersburg.[1] The owner of the subject property shall be responsible
for compliance with the provisions of this chapter and the failure
of an owner, agency, managing agency, local contact person, or renting
occupants to comply with the provisions of this chapter shall be deemed
noncompliance by the property owner.
B.
This chapter shall not apply to a hotel or motel, bed-and-breakfast/inn,
boarding or rooming house, or group home, as defined within the Zoning
Ordinance of the Borough of East Petersburg.
This chapter is not intended to, and does not, excuse any property
owner from compliance with the Zoning Ordinance of the Borough of
East Petersburg, as amended from time to time.[1] 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 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 bedrooms.
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.
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
short-term rental. A person in charge must reside or have an office
within 15 miles of the short-term rental property and be able to act
as legal agent for the owner. The Borough must be notified, in writing,
within 14 days if there is a change in the identity of the person
in charge.
Any dwelling unit within a residential or mixed-use structure
which is rented or leased for overnight lodging to transient guests
for a period of not less than one day nor more than 30 consecutive
calendar days. Short-term rentals shall include vacation homes, but
shall not include bed-and-breakfast inns, boarding or rooming houses,
or hotels/motels as defined in the Zoning Ordinance of the Borough
of East Petersburg.[1]
A written document indicating permission granted by the Borough
of East Petersburg to utilize a property as a short-term rental.
No owner of any property in East Petersburg Borough shall operate
a short-term rental in East Petersburg Borough without first obtaining
a short-term rental license from the Zoning Officer. Operation of
a short-term rental without such short-term rental license is a violation
of this chapter. Permits may be transferable to any new owner of the
property within 90 days of its issuance.
A.
Short-term rental license applications shall contain all of the following
information:
(1)
The name, address, telephone number and email address of the property
owner. If the owner does not have a managing agency, agent or local
contact person, then the owner shall provide a twenty-four-hour telephone
number. If the property owner uses a managing agency, agent or local
contact person, then that managing agency, agent or local contact
person shall have written authorization to accept service for the
owner. If the owner resides at a location over 15 miles from the short-term
rental, an agent or local contact person must be selected to act as
person in charge for the property.
(2)
The name, address and twenty-four-hour telephone number of the managing
agency, agent or local contact person, if applicable.
(4)
If the building is a multiunit structure, the total number of units
being used as short-term rentals. Note: A short-term rental unit may
not be located in a structure that contains one or more other dwelling
units used for nontransient living quarters.
(5)
A diagram or photograph showing the location and number of on-site
parking spaces, the number of which must be no less than one off-street
parking space per bedroom.
(6)
Copies of current Lancaster County Hotel Room Excise Tax Certificate
and current Pennsylvania Sales, Use and Hotel Occupancy Tax License.
(7)
Signatures of both the property owner and the local managing agent
or local contact person, if applicable.
(8)
Trespass waiver signed by the property owner allowing access to the
property for the Code Enforcement Officer for the purpose of inspection
to verify compliance with this chapter.
(9)
Copy of the current recorded deed for the property establishing ownership.
(10)
Each owner shall maintain at least at least $1,000,000 in general
liability insurance on the short-term rental for the full duration
of the license term and provide proof of the same to the Borough.
(11)
Written notice to any homeowners' association, indicating
the intent to make application for and use the subject residential
property for a short-term rental, when applicable, along with evidence
of approval from the homeowners' association.
B.
A short-term rental license shall be issued only to the property
owner of the short-term rental property.
(1)
A separate short-term rental license is required for each short-term
rental; for two-family or multifamily dwellings, a separate license
shall be required for each unit being rented as a short-term rental.
(2)
A short-term rental license 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 rental license must be renewed annually and also when
any of the conditions of the short-term rental which are governed
by this chapter are changed.
(3)
The Borough will prescribe forms and procedures for the processing
of license applications under this chapter.
A.
Overnight occupancy of a short-term rental shall be limited to no
more than two persons per bedroom.
B.
The maximum number of day guests allowed at any one time, including
the number of overnight occupants, shall be 10.
C.
The number of bedrooms permitted for a short-term rental shall not
exceed the number of bedrooms approved for the short-term rental at
the time the short-term rental use is approved for the property.
D.
Outdoor parking for overnight and day guests shall be limited to
available parking areas on the short-term rental property. In no event
shall parking for short-term rental guests include spaces in any public
street right-of-way or on any lawns or vegetated areas.
E.
Neither short-term rental occupants nor guests shall 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 offensive
conduct, public indecency, threatening, traducing, quarreling, challenging
to fight, or fighting, or creating a dangerous or physically offensive
condition.
F.
The property owner shall use best efforts to assure that the occupants
or guests of the short-term rental do not create unreasonable noise
or disturbances, engage in disorderly conduct, or otherwise violate
provisions of the Borough's Code or Ordinances, or any state
law pertaining to noise or disorderly conduct, including but not limited
to notifying the occupants of the rules regarding short-term rentals
and responding when notified that occupants are violating laws, ordinances
or regulations regarding their occupancy.
G.
The owner shall, upon notification that occupants or guests of the
short-term rental have created unreasonable noise or disturbances,
engaged in disorderly conduct, or otherwise violated provisions of
the Code or Ordinances, or state law pertaining to noise or disorderly
conduct, promptly use best efforts to prevent a recurrence of such
conduct by those occupants or guests.
H.
Overnight occupancy of recreational vehicles, campers, trailers,
and tents at the property where the short-term rental is located shall
not be allowed. Outdoor overnight sleeping of occupants or guests
of the short-term rental is prohibited.
I.
A short-term rental shall not have any outside appearance indicating
a change of use from any surrounding residential uses.
J.
Fireworks and floating lanterns are prohibited.
K.
Subleasing all or a portion of the short-term rental is prohibited.
L.
All short-term rentals shall have a clearly visible and legible notice
posted within the short-term rental unit on or adjacent to the front
door containing the following information:
(1)
The name of the property owner of the unit or the managing agency,
agent, property manager, or local contact authorized in writing to
accept service for the owner of the unit and a telephone number at
which that party can be reached on a twenty-four-hour basis.
(2)
The E-911 address of the property.
(3)
The maximum number of occupants permitted to stay in the short-term
rental and the maximum number of day guests permitted at any one time.
(4)
The maximum number of all vehicles allowed to be on the property
and the requirement that all guest parking 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 pick-up day and notification that all trash and refuse
must be placed in approved trash receptacles provided by the property
owner.
(6)
Notification that an occupant or guest may be cited and fined for
creating a disturbance or for violating other provisions of the East
Petersburg Borough Code or Ordinances, including parking and occupancy
limits.
(7)
Notification that short-term rental occupants and guests are required
to make the unit available for inspection by the Code Enforcement
Officer upon request.
M.
All short-term rentals shall be equipped 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 water source;
(5)
Aluminum or metal exhaust from dryer;
(6)
Carbon monoxide detector if open flame (oil or gas) furnace, gas
or wood fireplace, or wood-burning stove;
(7)
Carbon monoxide detector if garage is attached;
(8)
Fire extinguisher in kitchen;
(9)
Stairs (indoor and outdoor) in good condition; and
(10)
Swimming pools, hot tubs and spas must meet the barrier requirements
as indicated in Appendix G of the 2009 International Residential Code.
(11)
A Knox box, as approved by East Petersburg Borough.
N.
Compliance with the requirements of this section shall be considered
conditions of a short-term rental license, the violation of which
may result in a revocation of that license by the Code Enforcement
Officer.
A.
Short-term rental license fees, payable to East Petersburg Borough
upon the filing of a short-term rental license application, shall
be in such amount as may be established by resolution duly adopted
by the Borough Council.
B.
Any short-term rental license is good for a period not to exceed
one year from the date of issuance and must be renewed annually. Short-term
rental license renewal fees, payable to East Petersburg Borough upon
the filing of a short-term rental license renewal application, shall
be in such amount as may be established by resolution duly adopted
by the Borough Council.
C.
Short-term rental license renewal applications shall contain information
regarding any changes from the immediately preceding application with
respect to matters governed by this chapter.
D.
Verification that all owed hotel and sales taxes have been paid shall
be made before license renewal is granted.
The administrator of this chapter shall be the Code Enforcement
Officer as appointed by East Petersburg Borough, which shall include
any appointed Assistant Code Enforcement Officers. The Enforcement
Officer shall have the responsibility and authority to administer
and enforce all provisions of this chapter.
A.
All short-term rentals shall be subject to inspections by the Code
Enforcement Officer and/or the Building Code Official to verify application
information, license, license renewal and/or operating requirements.
B.
The issuance of a short-term rental license 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 Borough Council may or may cause, through an
authorized representative of East Petersburg Borough, entry onto premises
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, prior arrangements must be
made with the property owner or his agent 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 that a violation
of this chapter exists or has occurred, the Code Enforcement Officer
shall send a written notice of violation to the property owner by
personal delivery or by both United States first-class and certified
mail. The notice of violation 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 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 East Petersburg Borough and community
services and impacts on adjacent residential neighborhoods posed by
short-term rentals, a violation of any of the provisions of this chapter
is declared to be a public nuisance.
A.
This chapter shall be enforced by action brought before a Magisterial
District Judge 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 East Petersburg
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 East Petersburg Borough are hereby authorized to seek
equitable relief by filing a civil action, including injunction to
enforce compliance with this chapter. All fines, penalties, costs
and reasonable attorney's fees collected for the violation of
this chapter shall be paid to East Petersburg Borough for its general
use.
B.
In addition to, but not in limitation of, the provisions of Subsection A of this section and § 102-13 of this chapter, the Code Enforcement Officer may either revoke, or deny an application to renew, a short-term rental license if there are two uncured or repeated violations of this chapter in any rolling twelve-calendar-month period. The revocation or denial to renew a short-term rental license shall continue for six months for the first set of two uncured or repeated violations, and continue for one year for any subsequent sets of violations.
If the premises are owned by more than one property owner, each
owner shall be jointly and severally be subject to prosecution for
a violation of this chapter.
A.
Appeals of a determination of the Code Enforcement Officer under
this chapter to deny any application for, or application to renew,
a short-term rental license, or to revoke a short-term rental license,
shall be filed with the Borough Council within 30 days of the date
of the denial of application for or revocation of the license. Appeals
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,
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 circumstances of the case
and the applicable provisions of this chapter.
B.
Hearings. The Borough Council shall conduct hearings and make decisions
pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353[1]), 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 President or Vice President of the Borough Council 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 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.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
In any section, provision, or portion of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this chapter so long as it remains legally enforceable
minus the invalid portion. The Borough of East Petersburg reserves
the right to amend this chapter or any portion thereof from time to
time as it shall deem advisable in the best interest of the promotion
of the purposes and intent of this chapter, and the effective administration
thereof.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective in accordance with the law.
