This Ordinance shall be known and may be cited as the "Lower Windsor Township Short-Term Rental Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Windsor 4-10-2025 by Ord. No. 2025-01. Amendments noted where applicable.]
A.
The provisions of this Ordinance shall apply to all residential dwelling units, conversions of non-residential structures to residential dwellings, and all existing premises within the Township of Lower Windsor used as a Short-Term Rental as defined herein. The owner of any property having a Short-Term Rental located on the 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 Ordinance shall be deemed noncompliance by the owner.
This chapter is not intended to, and does not excuse any landowner from compliance with the Township Zoning Ordinance, as amended from time to time. Whenever possible, this chapter and the Zoning Ordinance should be construed and interpreted as being consistent, and not in conflict.
Any violation of any provisions of this Ordinance shall be declared to be a public nuisance for which the owner shall be subject to such violations as more specifically enumerated within this Ordinance.
For the purpose of this chapter, certain terms, phrases and words are defined as follows:
A.
Tense, gender and number. Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; the singular number includes the plural and the plural singular.
B.
General terms. The words "shall," "will" or "must" are always mandatory; the words "should" or "may" are permissive. The words "used for" includes "designed for," "arranged for," "intended for," "maintained for" or "occupied for." The word "building" includes "structure" and shall be construed as if followed by the phrase "or part thereof." The word "person" includes "individual," "profit or nonprofit organization," "partnership," "company," "incorporated association" or other similar entities.
C.
Terms, phrases and words not defined. When terms, phrases or words are not defined, they shall have their ordinarily accepted meaning or such as the context may imply.
D. BEDROOM DWELLING UNIT ENFORCEMENT OFFICER LOCAL CONTACT PERSON/PERSON IN CHARGE SHORT-TERM RENTAL SHORT-TERM RENTAL PERMIT STUDIO ZONING OFFICER
The words and phrases used in this Ordinance shall have the following meanings:
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 may not be considered bedrooms. Space used or intended for general and informal everyday use such as a living room, den, and sitting room or similar may not be considered a bedroom.
One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family.
The duly constituted municipal zoning officer.
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 20 miles of the Short-Term Rental Property and be able to act as legal agent for the owner. The Township must be notified, in writing, within 14 days if there is a change in the identity of the Local Contact Person/Person in Charge.
Any dwelling unit owned or managed by a person, firm or corporation which is rented or leased for a period of not more than 30 consecutive days. Any dwelling or accessory building rented to a tenant for the purpose of habitation for a period equal to or less than 30 consecutive days.
Permission granted by the Township to utilize a Dwelling Unit for Short-Term Rental Use.
An Efficiency apartment or dwelling unit conversion with no defined bedroom.
The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.
All Short-Term Rentals shall secure a Short-Term Rental Permit from the Zoning Officer. Operation of a Short-Term Rental without such Short-Term Rental Permit is a violation of this Ordinance.
The Owner shall be responsible for obtaining all permits and annual permit renewals.
A.
Permit required. A Short-Term Rental Permit shall be required when any dwelling unit or accessory building is advertised for rent or is rented for a period equal to or less than 30 consecutive days.
B.
Permit renewal. A permit shall be renewed annually and at any time when any of the conditions of the rental which are governed by this Ordinance are changed.
C.
Separate permits. A separate permit is required for each Short-Term Rental; for two-family or multi-family dwellings, a separate permit shall be required for each dwelling unit being rented pursuant to the definition of "Short-Term Rental."
D.
Issuance to owner. The permit shall be issued only to the owner of the Short- Term Rental.
E.
Forms and procedures. The Enforcement Officer is authorized to prescribe forms and procedures for the processing of permits under this Ordinance.
F.
Inspection authorization. The owner by making application for a permit and/or accepting issuance of a permit grants permission for scheduled inspections.
G.
Permit not transferrable. The permit issued to an owner pursuant to this Ordinance is personal to the owner identified in the application and does not run with the property. 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 permit under the provisions of this Ordinance, prior to renting out the property, but shall be entitled to get a permit provided such new owner complies with the terms of this Ordinance.
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. If the owner does not have a managing agency, agent, or local contact person, the owner shall provide a 24-hour telephone number. If the 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 20 miles from the Short-Term Rental property, an agent or local contact person must be selected to act as Person in Charge for the property.
(2)
The name, address and 24-hour telephone number of the managing agency, agent or local contact person.
(3)
The total number of bedrooms and maximum number of overnight guests permitted.
(4)
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.
(5)
A diagram or photograph showing the location and number of on-site parking spaces.
(6)
If not on a public sewer system, a septic system evaluation certifying the existing system is functioning as intended and proof the tank was pumped within the past four years for approval by the Sewage Enforcement Officer. Maximum occupancy shall be limited by the capacity of the sewage disposal system and the number of bedrooms.
(7)
Copies of current York County Hotel Room Excise Tax Certificate and current Pennsylvania Sales and Use Tax Permit.
(8)
Signatures of both the owner and the local managing agent or local contact person.
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 is required for each Dwelling Unit; for Two-Family or Multi-Family Dwellings, a separate Permit shall be required for each Dwelling Unit being leased as a Short-Term Rental.
(2)
A Short-Term Rental Permit is effective for a period of one year, or until any of the conditions of the Short-Term Rental which are governed by this Ordinance are changed, whichever shall first occur. The Permit must be renewed annually and/or when any of the conditions of the Short-Term Rental which are governed by this Ordinance change.
Short-Term Rentals are permitted within legal and recognized dwelling units subject to the following requirements:
A.
The length of stay per transient occupant shall not exceed 30 consecutive days.
B.
Short-Term Rentals shall not provide meals for compensation.
C.
Occupancy.
(1)
Overnight occupancy of a Short-Term Rental shall be limited to no more than two adults per bedroom.
(2)
Daytime guests shall not exceed the same number of permitted adult overnight guests.
(3)
The number of bedrooms permitted for a Short-Term Rental shall not exceed the number of bedrooms approved on the sewage permit issued for the property. Where there is no sewage permit on record, the Short-Term Rental shall be limited to the number of bedrooms and guests the Sewage Enforcement Officer determines permissible, in his or her sole discretion. If a sewage system malfunction occurs, any Short-Term Rental of the dwelling unit shall be discontinued until the malfunction is corrected in accordance with Township regulations and Pennsylvania Department of Environmental Protection requirements.
(4)
Occupancy of recreational vehicles or camper trailers shall not be allowed on the same property on which a Short-Term Rental is located.
D.
Off-street parking shall be provided at a minimum of one off-street parking space for every bedroom in the permit. In no event shall parking for Short-Term Rental guests include spaces on any lawns or vegetated areas.
E.
Events and activities such as, but not limited to, banquets, large parties, weddings, meetings, fundraising, commercial activities, and any other gathering of persons other than the authorized transient occupants are prohibited unless issued a permit for Special Event or authorized as an event venue by Lower Windsor Township.
F.
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, fighting, or creating a dangerous or physically offensive condition.
G.
The owner shall use best efforts to assure that the occupants or guests of the Short-Term Rental do not violate § 355-8F above and shall prevent a recurrence of such conduct.
H.
It shall be the responsibility of every owner to display the following information on the premises, in a prominent area:
(1)
A copy of the License and permit issued by Lower Windsor Township.
(2)
Contact information for the property owner or the Local Contact Person and directions to register complaints regarding the physical condition of the premises and/or the necessity for emergency repairs.
(3)
The evenings on which trash/recycling are to be placed curbside for collection.
(4)
Evacuation information in the event of flooding, or other weather-related occurrences, and regulations of restricted activities within the Special Flood Hazard Areas (floodplain) if applicable.
(5)
The number of overnight guests permitted, and the number of daytime guests permitted.
(6)
Notice that the occupant(s) may be cited or fined for creating a disturbance or for violating other provisions of Township Ordinances, or other local, state or federal laws.
I.
A Short-Term Rental shall not have any outside appearance indicating a change of use from the surrounding residential uses.
J.
Subleasing all or a portion of the dwelling unit is prohibited.
K.
It shall be the duty of every Short-Term Rental property owner to:
(1)
Keep and maintain all premises in good and safe condition and maintain the property in compliance with all Municipal Ordinances.
(2)
Follow all existing Township, State and Federal Regulations.
(3)
Be aware of and immediately act to eliminate disruptive conduct on the premises.
(4)
Provide at least one fire extinguisher with a minimum UL rating of 2A-10B:C, ABC Dry Chemical to be placed in the kitchen or in close proximity to the kitchen.
(5)
Maintain indoor and outdoor stairs in good condition with handrails.
(6)
Provide fully functional cooking, bathing and toilet facilities.
(7)
Install 10-year sealed lithium battery smoke detectors outside each designated bedroom or sleeping room, unless the dwelling unit is provided with an operational hard-wired smoke detection system and shall provide carbon monoxide detectors where oil or gas furnace is used, or a fireplace is located inside the structure, and if a garage is attached to the dwelling unit.
(8)
If not served by a public water supply, the owner shall provide proof that a potable water supply exists for the unit. At a minimum, the water supply shall be tested annually for nitrates, coliform and fecal coliform.
(9)
If not served by a public sewer system, evidence that the on-lot system is adequate to serve the maximum overnight occupancy.
(10)
Provide a copy of a current York/Adams Tax Bureau Hotel Room Excise Tax Certificate and Pennsylvania Sales Tax License.
L.
Compliance with the requirements of this section shall be considered conditions of a Short-Term Rental Permit, the violation of which may result in a revocation of that permit by the Enforcement Officer.
A.
Short-Term Rental fee registration, payable to Lower Windsor 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 Supervisors.
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. Short-Term Rental Permit renewal fees, payable to Lower Windsor Township 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.
Short-Term Rental Permit renewal applications shall contain information regarding any changes from the immediately preceding application with respect to matters governed by this Ordinance.
D.
Verification that all owed property, hotel, and sales taxes have been paid shall be made before Permit renewal is granted.
This Ordinance shall be enforced by the Zoning Officer, Code Enforcement Officer, and/or officially designated representative, or the Police Chief of Lower Windsor Township or officially designated representative.
A.
Service of notice. Whenever the Enforcement Officer determines that a violation of this Ordinance exists, the Enforcement Officer shall prepare a written Notice of Violation, to be served on the owner and/or occupant(s) of the premises on which the nuisance is located or originates. The written Notice of Violation shall be served on the owner and local contact person by one or more of the following methods:
B.
Content of notice of violation.
(1)
The Notice shall enumerate the conditions which constitute the violation and what action is required to abate the violation.
(2)
The Notice shall include a time frame for the abatement of the nuisance, with such time frame established by the Enforcement Officer based upon the nature of the violation and providing a reasonable period for the violator to take the required action but not less than 15 days, nor more than 30 days. In the case of a public disturbance or in other cases as determined by the Enforcement Officer immediate action shall be required.
C.
Upon failure of such Applicant to comply as directed in said notice, the Enforcement Officer, other municipal officials or solicitor may appear on behalf of the Municipality and initiate legal proceedings to enforce the provisions of this Ordinance before a District Magistrate.
D.
Penalties. Any person who fails to comply with any or all of the requirements or provisions of this chapter or who fails or refuses to comply with any notice, order of direction of any other authorized employee of the municipality shall be guilty of a summary offense and upon conviction shall pay a fine to Lower Windsor Township of not less than $25 nor more than $600 plus costs of prosecution. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this chapter. The imposition of a fine or penalty for any violation of, or noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this chapter may be declared by the Board of Supervisors to be a public nuisance and abatable as such.