This article shall be known as and may be cited as "The Wilkins Township Short-Term Rental Ordinance."
[Added 8-12-2024 by Ord. No. 1128]
The provisions of this article shall apply to all residential dwelling units, conversions of non-residential structures to residential dwellings, and all existing premises located within the Residential Zoning Districts of Wilkins Township. The owner of the subject property shall be responsible for compliance with the provisions of this article and the failure of an owner, agency, managing agency, local contact person, or renting occupants to comply with the provisions of this article shall be deemed noncompliance by the owner.
A.
This article shall not apply to a hotel, motel or group care facility, as defined herein and used within the Property Maintenance Ordinance.
B.
Within the areas where Short-Term Rental uses are permitted, a dwelling unit or a portion of a dwelling unit may not be used for short-term rental purposes if:
This article is not intended to, and does not, excuse any landowner from compliance with the Wilkins Township Property Maintenance Ordinance, as amended from time to time. Whenever possible, this article and the Property Maintenance Ordinance should be construed and interpreted as being consistent, and not in conflict.
The following words, terms and phrases, when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
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 International Building Code) and in close proximity to a bathroom. Spaces used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered Bedrooms. Spaces 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. Bedrooms shall be a minimum of 70 square feet in size with a minimum ceiling height of seven feet.
Any building which is designed for or occupied in whole or in part as the home, residence or sleeping place of one or more persons.
A room or group of rooms within a dwelling and forming a single unit and used for living and sleeping purposes, having its own cooking facilities and a bathroom with a toilet, bathtub and shower.
An establishment that provides room and board to persons who are residents by virtue of receiving supervised specialized services limited to health, social and/or rehabilitative services provided by a government agency, their licensed or certified agents or a nonprofit social service corporation chartered in the Commonwealth of Pennsylvania or authorized to operate in the Commonwealth of Pennsylvania.
An establishment providing accommodations, meals and other services for travelers and tourists.
An adult individual designated by the owner of a structure. The manager shall be the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this article and under rental agreements with occupants.
A roadside hotel designed primarily for motorists, typically having the rooms arranged in a low building with parking directly outside.
A building containing three or more independent dwelling units, including, but not limited to, row houses, townhouses, condominiums, apartment houses and conversion apartments.
An individual who resides in or is the owner of a business within a unit or structure, whether or not the individual is the owner of the unit or structure thereof, with whom a legal relationship with the owner or landlord of the unit or structure is established by a written lease or by the laws of the Commonwealth of Pennsylvania.
The duly appointed Ordinance Enforcement Officer(s) having charge of the Office of Code Enforcement of the Township of Wilkins and any assistants or deputies thereof. In appropriate circumstances this is intended to include the police.
One or more persons, jointly or severally, in whom is vested all or part of the legal title of the premises, or all or part of the beneficial ownership and the right to present use and enjoyment of the premises, including a mortgage holder in possession of a unit or structure.
A natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
Any dwelling or dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less.
Certificate issued by the Township giving the owner permission to utilize a dwelling or dwelling unit for Short Term Rental use.
A.
No owner of any property in Wilkins Township shall operate a Short-Term Rental in Wilkins Township without first obtaining a Short-Term Rental Permit from the Ordinance Enforcement Officer.
B.
Operation of a Short-Term Rental without such Short-Term Rental Permit is a violation of this article. Permits may be transferable to any new owner of the property within 90 days of its issuance.
A.
Short-Term Rental Permit applications shall contain all of the following information:
(1)
The name, address, telephone number and email address of the owner.
(2)
The name, address and twenty-four-hour telephone number of the managing agency, agent or local contact person if applicable.
(3)
Signatures of the owner or local managing agent or local contact person.
(4)
The total number of bedrooms and maximum number of overnight guests.
(5)
If the building is a Multiple-Unit Dwelling, the total number of Dwelling Units in the structure and the number of Dwelling Units being used as Short-Term Rentals shall be given.
(6)
A diagram or photograph showing the location and number of off-street parking spaces.
(7)
Copy of the current recorded Deed for the property establishing ownership.
(8)
Each owner shall maintain liability insurance against personal injury and property damage claims related to Short-Term Rental use, with coverage of at least $500,000 in general liability insurance on the Short-Term Rentals for the full duration of their license term and provide proof of the same to the Township.
(9)
Owner must submit a written notice to the Home Owner's Association (HOA), if one exists for the property, indicating their intent to make application to the Township for use of the subject residential property as a Short-Term Rental. The HOA must then submit a letter to the Township indicating there is no conflict with the proposed Short-Term Rental.
B.
A Short-Term Rental Permit shall be issued only to the owner of the Short-Term Rental property.
(1)
A separate Short-Term Rental Permit shall be required for each Dwelling Unit being rented as a Short-Term Rental.
(2)
A Short-Term Rental Permit is effective for a period of one year. A Short-Term Rental Permit application and associated fee must be renewed and remitted annually per § 310-36 of this article.
(3)
The Township will prescribe forms and procedures for the processing of Permit Applications under this article.
C.
Failure to complete the required measures. An application for a Short-Term Rental Permit will be voided and no permit will be issued if the applicant fails to complete any of the measures required under this section within the required timeframe.
A.
General:
(1)
It shall be the duty of every owner to keep and maintain all Short-Term Rental Dwellings and Dwelling Units in compliance with all applicable codes and provisions of all other applicable state laws and regulations and local ordinances, and to keep such property in good and safe condition.
(2)
It shall be the duty of every owner to apply for a Short-Term Rental Permit upon the construction, re-occupancy and change in occupancy of every Short-Term Rental Dwelling and Dwelling Units.
B.
Designation of manager:
(1)
Short-Term Rental property owners are required to maintain properties in accordance with this Article and other established ordinances of the Township. In the event that a property owner must be notified in writing by the Township of ordinance violations three times within a two-year period and if the property owner is not a full-time resident of Wilkins Township or a resident elsewhere within 15 miles from Wilkins Township, then and in that event, the property owner will be required to appoint a manager.
(2)
If the owner is a corporation, a manager shall be required if any officer of the corporation does not reside within the aforesaid distance. The officer shall perform the same function as a manager.
(3)
If the owner is a partnership, a manager shall be required if a partner does not reside in the aforesaid distance. Said partner shall perform the same function as a manager.
(4)
The manager shall be the agent of the owner for service of process and receiving notices and demands, as well as for performing the obligations of the owner under this article and under rental agreements with occupants.
(5)
The identity, address and telephone number(s) of a person who is designated as manager hereunder shall be provided by the owner or manager to the Township, and such information shall be kept current and updated as it changes.
C.
Maintenance of premises:
(1)
The owner shall maintain the premises in compliance with the applicable codes of the Township and shall regularly perform all routine maintenance, including lawn mowing and ice and snow removal, and shall promptly make all repairs necessary to fulfill its obligation.
(2)
In no case shall the existence of any agreement between owner and occupant relieve any owner of any responsibility under this article or other ordinances or codes for maintenance of premises.
A.
Short-Term Rentals shall only be permitted in the Residential Zoning Districts, as described in Chapter 450 of the Codified Book of Ordinances.
B.
No internal cameras are permitted in any Short-Term Rental Dwelling or Dwelling Unit.
C.
Overnight occupancy of a Short-Term Rental shall be limited to no more than i) two persons per bedroom plus four additional persons, or ii) a maximum of 14 occupants, whichever is less.
D.
A minimum of two off-street parking spaces shall be provided for each Short-Term Rental Dwelling or Dwelling Unit and one parking space for each three persons at the maximum permitted occupancy. In no event shall parking for Short-Term Rental occupants or guests include parking on any lawns or vegetated areas.
E.
The 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 Wilkins Township Code 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.
F.
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 Wilkins Township Code 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. The owner will inform any and all renters about the noise ordinance in place in the Township.[1]
G.
A Short-Term Rental shall not have any outward appearance indicating a change of use from the surrounding residential uses. No exterior appearances designating the property as a Short-Term Rental are permitted.
H.
Subleasing all or a portion of a Short-Term Rental Dwelling or Dwelling Unit is prohibited.
I.
All Short-Term Rentals shall have a clearly visible and legible notice posted within the Dwelling Unit, discernable from the exterior, containing the following information:
(1)
The name of the 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 emergency 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the Dwelling or Dwelling Unit 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 street right-of-way or on any lawn or vegetated area on the property.
(5)
Trash and recycling information that includes the day of pick-up and notification that the trash and recycling shall not be placed at the curb earlier than 5:00 p.m. the day before pickup and any cans must be removed from the curb within 24 hours after pickup.
(6)
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Wilkins Township Code, including parking and occupancy limits.
(7)
A fire evacuation floor plan.
J.
All Short-Term rentals shall be equipped with the following:
(1)
A smoke detector in every bedroom;
(2)
A smoke and carbon monoxide detector in the immediate area outside the bedrooms such as a common hallway; in the case where no common hallway exists for a bedroom, the smoke and carbon monoxide detector shall be located directly outside the bedroom door;
(3)
A smoke detector on each floor (smoke detectors shall not be located within 20 feet of a stove/oven);
(4)
GFCI outlets or GFCI protected outlets for all outlets located within six feet of water source, i.e., sinks, tubs and showers;
(5)
Aluminum or metal exhaust ducts for clothes dryers that shall vent (discharge) directly to the outside atmosphere. "Ventless" dryers are permitted given that the appropriate documentation is provided to the Ordinance Enforcement Officer stating the dryer is manufactured for "ventless" operation. No dryer exhaust duct shall exceed a total of 35 feet in length;
(6)
A carbon monoxide detector in the basement in a location where it can be easily heard upstairs if activated;
(7)
A properly rated fire extinguisher shall be located in the kitchen, shall be fully charged and ready for use and must be readily accessible;
(8)
All stairs, handrails and guards, both indoor and outdoor, must be kept in good condition, be the correct size and have the required spacing as specified in the Township adopted International Property Maintenance Code (IPMC);
(9)
Swimming pools, hot tubs and spas must meet the barrier requirements as indicated in the Township adopted International Swimming Pool and Spa Code (ISPSC).
(10)
Any other occupancy requirements which may be amended to the International Property Maintenance Code by the International Code Council (ICC).
K.
Compliance with the requirements of this section shall be considered conditions of a Short-Term Rental Permit, the violation of which may result in the revocation of that permit by the Ordinance Enforcement Officer.
A.
Short Term Rental fees, payable to Wilkins Township 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 Commissioners.
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 by January 10 of every year along with the remittance of the required fee. Failure to submit the renewal form and remit the fee by January 10 will result in a late fee being incurred.
C.
Short-Term Rental Permit renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this article.
E.
Regardless if a Short-Term Rental is currently occupied or vacant at the time of renewal, the Township will continue to require the annual renewal application and fee unless a letter, signed by the owner attesting the property will no longer be offered as a Short-Term Rental, is submitted to the Township.
The administrator of this article shall be the Ordinance Enforcement Officer as appointed by the Township, which shall include any appointed Assistant Ordinance Enforcement Officers. The Ordinance Enforcement Officer shall have the responsibility and authority to administer and enforce all provisions of this article.
A.
All Short-Term Rentals shall be inspected by the Township of Wilkins Ordinance Enforcement Officer. All Short-Term Rentals must be brought up to current code standards prior to becoming a Short-Term Rental and existing Short-Term Rentals shall be inspected once every year to verify code compliance is being maintained. If deficiencies are found, the Ordinance Enforcement Officer shall reinspect the Short-Term Rental after notification that all deficiencies are corrected by the owner or manager. If all deficiencies are found to be corrected, the owner or manager shall be issued a Short-Term Rental Permit for the dwelling or dwelling unit.
B.
The issuance of a Short-Term Rental Permit is not a warranty that the premises is lawful, safe, habitable, or in compliance with this article.
C.
If there is reason to believe that any provision of this article is being violated, the Board of Commissioners may or may cause, through an authorized representative of the Township, entry onto premises for the purpose of inspection of any and all premises, properties, buildings and/or structures located within the Township 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 owner or manager to secure access thereof.
The marketing of a Short-Term Rental in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this article, or which promotes any other activity which is prohibited by this article, shall be a violation of this article. Any marketing of a Short-Term Rental shall list the property as being located in Wilkins Township.
If it appears to the Ordinance Enforcement Officer that a violation of this article exists or has occurred, the Ordinance Enforcement Officer shall send a written Notice of Violation to the owner by personal delivery or by United States Postal Service first class or 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 article which are violated, indicate the action required to correct the violation, and provide a time frame (established by the Ordinance 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 Township and community services and impacts on residential neighborhoods posed by Short-Term Rentals, a violation of any of the provisions of this article is declared to be a public nuisance.
A.
This article 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 article shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000 per violation, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. Each day that the violation continues shall be considered a separate offense.
B.
In addition to, but not in limitation of § 310-44, the Ordinance Enforcement Officer may either revoke, or deny an application to renew, a Short-Term Rental Permit for three uncured or repeated violations of this article in any rolling 12 month calendar period. The revocation or denial to renew a Short-Term Rental Permit shall continue for six months for the first set of three uncured or repeated violations, and continue for one year for any subsequent sets of violations.
If the premises are owned by more than one owner, each owner shall severally be subject to prosecution for a violation of this article.
A.
Appeals. Appeals of a determination of the Ordinance Enforcement Officer under this article to deny any application for, or to renew, a Short-Term Rental Permit, or to revoke a Short-Term Rental Permit, shall be filed with the Turtle Creek Valley Council of Governments within 30 days of the date of the denial of application or revocation of permit. Appeals shall be processed as follows:
(1)
All appeals shall be in writing and signed by the Appellant on forms prescribed by the Turtle Creek Valley Council of Governments, and shall be accompanied by a fee, the amount of which shall be established by the Turtle Creek Valley Council of Governments.
(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 Turtle Creek Valley Council of Governments shall conduct hearings and make decisions on any appeals received. After such hearing, the Appeals Board shall sustain, modify or overrule the action of the Ordinance Enforcement Officer.