This article shall be known as the "Harris Township Short-Term Rental Ordinance."
[Adopted 12-8-2025 by Ord. No. 382]
The intent and purpose of this article is to establish regulations, procedures, and standards for the review and approval of short-term rentals in Harris Township, and to:
A.
Establish the regulations, procedures and standards for the review and approval of all short-term rentals in the Township;
B.
Provide clear, equitable standards that apply to all short-term rentals;
C.
Ensure that the Township's residential areas remain available primarily for long-term residents while allowing for limited and regulated short-term rental activity;
D.
Provide property owners with the opportunity to earn income through short-term rentals while mitigating adverse effects on neighboring properties and the broader community;
E.
Prevent the undue loss of housing stock to transient uses and promote a balanced mix of housing options for both long-term residents and short-term visitors;
F.
Ensure the safety of structures that are used as short-term rentals and the well-being and safety of residents and visitors in these dwellings;
G.
Promote transparency and accountability in the enforcement of this article; and
H.
Maintain the residential qualities and characteristics of our neighborhoods that attract residents, homeowners and visitors.
The Board of Supervisors of Harris Township finds and declares as follows:
A.
Short-term rentals are a growing, albeit previously unpermitted, use within Harris Township.
B.
Short-term rentals provide a benefit to the community by increasing the number and type of lodging facilities available and can assist owners of short-term rentals by providing revenue which may then be used for maintenance, upgrades and deferred costs.
C.
While some short-term rental units operate without a problem, there have been numerous complaints to the Township regarding excessive noise, parking, litter, and other general concerns regarding security, public safety, property maintenance, and trespass.
D.
In the interest of protecting and promoting the public health, safety and welfare, as well as minimizing the burden on Township and community services and the negative 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.
E.
Due to the transitory nature of occupants of short-term rentals, enforcement against occupants is difficult.
F.
The Board of Supervisors adopts the findings of the Pennsylvania Supreme Court regarding short-term tenants:
"Short-term tenants have little interest in public agencies or in the welfare of the citizenry. They do not participate in local government, coach little league, or join the hospital guild. They do not lead a Scout troop, volunteer at the library, or keep an eye on an elderly neighbor. Literally, they are here today and gone tomorrow — without engaging in the sort of activities that weld and strengthen a community." See Slice of Life, LLC v. Hamilton Twp. Zoning Hearing Board, 207 A.3d 886, 899-900 (Pa. 2019) (quoting Ewing v. City of Carmel-By-The-Sea, Cal. Rptr. 382, 388 (6th Dist. 1991).
This article is authorized by the following sections of the Second Class Township Code:
A.
The provisions of this article shall apply to all residential dwelling units, to conversions of nonresidential structures to residential dwellings, and to all existing premises within the Township of Harris. Short-term rentals are permitted to be located within the Township only as provided in the Harris Township Zoning Ordinance.[1]
B.
No person, firm, or corporation shall rent or lease to another, or advertise for rent or lease, or provide for residential occupancy, any dwelling unit, or portion thereof, until the regulations contained herein have been met and a short-term rental license has been issued by the Township Manager or designee (the "Short-Term Rental Officer") in accordance with this article.
For the purposes of this article, the following terms shall have the meanings indicated:
An applicant is the individual or legal entity who submits a request for a short-term rental license. The applicant is responsible for providing all required documentation, complying with applicable zoning, permitting and licensing requirements, and ensuring that the proposed rental use meets all Township regulations. The applicant may be the property owner or a property manager acting on behalf of the owner.
A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. 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 who visits the property during the rental period for a portion of the day and does not stay overnight.
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping, eating and sanitation.
Any dwelling unit rented for a period of 30 consecutive days or longer.
The owner of the property does not occupy the property as their primary residence.
The primary residence of a person(s) who holds title to the property or the individual beneficiaries of a legal entity that holds title to the property, where such persons are physically present and living within dwelling units on said property for at least eight months each calendar year, as their primary residence.
A licensee, agent, or designated person who has been assigned by the property owner to represent the property owner. The person in charge must be at least 21 years of age and reside within 25 miles of the short-term rental and must be locally available at all times whenever the property is being rented.
Compensation paid for the use of a dwelling unit or portion thereof, including, but not necessarily limited to, money, services and/or property. As a verb, the term "rent" means to get or give the use of a dwelling unit or portion thereof in return for such compensation or any combination thereof. Compensation may be, but is not limited to, money, services, and/or property provided. The term "rent" does not include arrangements where there is no compensation.
Any dwelling unit or portion thereof utilized for overnight lodging for a period of (1) not less than one day nor more than 29 consecutive days, and (2) not more than 120 days per calendar year. Short-term rental facilities do not include a hotel, motel, bed-and-breakfast, or farm stay as such terms are used and defined in Chapter 12, Zoning.
A.
No owner of any property shall operate a short-term rental in Harris Township without first obtaining a short-term rental license from the Short-Term Rental Officer in accordance with this article.
B.
Short-term rental licenses are not transferable, including upon change of ownership. An updated application for a short-term rental license shall be received from the new owner/applicant each time there is a change in ownership of any short-term rental.
C.
A separate short-term rental license is required for each dwelling unit being used as a short-term rental.
D.
A short-term rental license is effective for a calendar year from January 1 through December 31, unless the license is revoked or any portion of the information supplied on the application is no longer accurate. Each short-term rental license shall expire on December 31 of the calendar year in which it was granted, regardless of when such license was granted. Applicants must renew short-term rental licenses in accordance with the requirements of this article.
E.
The Short-Term Rental Officer shall approve or deny any application for a short-term rental license within 30 days of receipt of a complete application, including applicable fees which are non-refundable. The final approval of a short-term rental license shall not occur until after a rental housing permit is issued by the Centre Region Code Administration (CRCA), as required by Chapter 10, Article III, Property Maintenance and Fire Code.
F.
In the interest of protecting and promoting the public health, safety and welfare, and minimizing the burden on Township and community services and the negative 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.
Applications for short-term rental licenses and renewal applications shall be made in writing to the Short-Term Rental Officer by an applicant as defined in this article, and shall contain the following information:
(1)
The name, address, and telephone number of the property owner(s).
(2)
The legal address of the dwelling unit.
(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 a short-term rental.
(5)
A scaled drawing of the property showing the location and number of off-street parking spaces. Each parking space shall be nine feet by 18 feet in dimension and shall be improved to a mud-free condition with paving, stone or similar material approved by the Township. Parking spaces shall count as part of the maximum lot coverage established by the Zoning Ordinance and meet the requirements of § 12-7.9, Off-street parking and loading regulations.
(6)
Floor plans for the short-term rental, including total habitable floor space and total number of bedrooms.
(7)
Name and phone number of the person in charge, if one has been designated as required by this article.
(8)
If not served by a public sewer system, the applicant must provide documentation from the Harris Township Sewage Enforcement Officer showing that the on-lot septic system is adequate to serve the approved number of bedrooms in the short-term rental. If a sewage system malfunction occurs, the short-term rental license shall be suspended until the malfunction is corrected in accordance with the Township and the Pennsylvania Department of Environmental Protection requirements.
(9)
If applicable, sufficient evidence to demonstrate that the property is owner-occupied. A minimum of two documents must be provided for review that include the property address that is owner-occupied. At least one document must include a photo of the property owner. Documents that can be provided to prove owner-occupancy include:
(10)
Proof of registration for hotel tax.
(11)
Record of all dates the dwelling was used in the previous year as a short-term rental property. Failure to provide accurate records or providing fraudulent records will constitute the first violation of the renewal period.
(12)
Signatures of both the property owner and the person in charge, if one has been designated as required by this article.
B.
Applications shall not be determined to be complete until the applicant, in the opinion of the Short-Term Rental Officer, has submitted all required information, paid all required fees, and provided proof of receipt of the rental housing permit from the CRCA.
C.
The owner, by making an application for a short-term rental license and/or accepting issuance of such a license, grants permission for all inspections by the Short-Term Rental Officer or other authorized Township representative to verify application, license, or operating requirements, or if there is reason to believe that any provision of this article is being violated.
A.
All short-term rental licenses issued pursuant to this article are subject to the following standards:
(1)
Properties containing a short-term rental shall be owner-occupied, unless a non-owner-occupied short-term rental is otherwise permitted by this article.
(2)
No property shall contain more than two dwelling units that are used as a short-term rental.
(3)
Any lease arrangements made by the owner or person in charge of the short-term rental with a long-term tenant may not include any requirement that the long-term tenant vacate the property at any time in order for the operator to lease the property on a short-term rental basis.
(4)
Short-term rentals shall operate in increments of 29 consecutive days or less, and no more than 120 cumulative days per calendar year.
(5)
The owner shall, by written agreement, limit the number of all vehicles of overnight occupants to the number designated in the short-term rental license, with the number of all vehicles not to exceed the number of designated on-site parking spaces.
(a)
The number and location of all parking for overnight guests shall be designated in the license and shall be located on the owner's property and not in any private, community, or public right-of-way. All occupants of the short-term rental shall park their vehicles within the spots designated within the approved license application.
(b)
A minimum of one parking space per bedroom shall be provided. The required number of parking spaces may include spaces in a garage which can accommodate vehicles.
(d)
Each vehicle parking space shall be a rectangle with a minimum width of nine feet and a minimum length of 18 feet, and adequate aisle width shall be provided to facilitate access and use of the spaces.
(e)
If the short-term rental is accessed directly by a Township or state road, all parking spaces shall be accessed from a driveway serving the short-term rental and not directly from the Township or state road.
(f)
Parking shall not be permitted on the property except in designated parking spots.
(6)
The owner shall, by written agreement, limit overnight occupancy of the short-term rental to the specific number of occupants designated in the license, as designated by the CRCA.
(7)
The maximum number of day guests allowed at a short-term rental at any one time, in addition to the overnight occupants, shall be 100% of the maximum overnight occupancy of the short-term rental. Day guests shall be permitted at a short-term rental between the hours of 7:00 A.M. and 10:00 P.M.
(8)
The short-term rental license shall be clearly posted in the dwelling unit being operated as a short-term rental.
(9)
The short-term rental license number issued by the Township shall be published in every print, digital, or internet advertisement and any property listing in which the short-term rental is advertised. The advertisement shall list the maximum occupancy and the number of parking spaces available at the short-term rental.
(10)
All short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit on or adjacent to the front door containing the following information:
(a)
The name of the owner of the dwelling unit and the local person in charge authorized in writing to accept service for the owner of the dwelling unit and a telephone number at which the owner or the local person in charge, as applicable, can be reached on a 24-hour basis.
(b)
The 911 address of the property.
(c)
The maximum number of occupants permitted to stay overnight in the dwelling unit and the maximum number of day guests permitted at any one time.
(d)
The maximum number of all vehicles allowed to be parked on the property, that all vehicles shall be parked on a hard surface (gravel, concrete, asphalt, or pavers), and that vehicles shall not be parked on grass or other yard areas.
(11)
In no instance shall the approved number of bedrooms be increased without receiving a CRCA permit amendment.
(13)
Occupancy of recreational vehicles, camper trailers and tents shall not be allowed.
(14)
The use of open fires, fire pits, charcoal-burning grills or other devices (as applicable) shall be the responsibility of the owner or contact person and shall comply with applicable ordinances and laws. All open fires shall be extinguished by midnight.
(15)
Property utilized as a long-term rental is not eligible for a short-term rental license while a long-term rental is in effect.
(16)
The owner of a property issued a short-term rental license that intends to operate a long-term rental at the property must notify Harris Township within 15 days before operating as a long-term rental. Such notice shall cause the termination of the existing short-term rental license on the date that the long-term tenancy begins.
B.
Expiration and renewal. Short-term rental licenses shall expire on December 31 of the year in which the license was granted or renewed and must be renewed annually. To renew a short-term rental license, the applicant must certify in writing to the Short-Term Rental Officer that no information provided by the applicant to receive the initial short-term rental license has changed or, if information has changed, provide such updated information to the Short-Term Rental Officer and certify that all other information remains unchanged. Applicants may apply to renew a short-term rental license starting on September 1 of each calendar year, and all renewal applications will be reviewed on a rolling basis in accordance with § 3-3.7E.
C.
The Board of Supervisors, at a duly convened public meeting, shall have the authority to impose additional standards applicable to short-term rentals as necessary to achieve the objectives of this article.
A.
Exemption from owner-occupancy requirement.
(1)
Any property that was not owner-occupied and contained an actively utilized short-term rental, as evidenced in accordance with § 3-3.10, prior to 60 days of the effective date of this article shall be exempt from the owner-occupancy requirement established in 3-3.9(A)(1). The exempted property must remain in compliance with all other applicable requirements of this ordinance. This exemption shall cease and the provisions of § 3-3.9A1 shall be required once one of the following occurs:
(2)
To establish that a property was non-owner-occupied and actively utilized as a short-term rental within 60 days of the effective date of this article, the applicant for a short-term rental license shall provide the following:
(a)
Booking history from a bona fide short-term rental platform (Airbnb, Vrbo, etc.) demonstrating that the dwelling unit was advertised for short-term occupancy, as defined in this article, within 60 days of the effective date of this article. If such information is not available, this requirement may be satisfied with a copy of a short-term rental agreement showing that the property was rented to guests on a short-term basis, as defined in this article, within the same required time period.
(b)
With respect to the owner(s) of the property, at least two of the following that display an address that differs from any assigned to the property:
[1]
A copy of the owner's driver's license or government-issued ID card.
[2]
A copy of the most recent year's income tax return.
[3]
Vehicle registration.
[4]
Voter registration card.
[5]
Statements such as medical or utility services.
[6]
Pay stub.
[7]
Other documentation as deemed sufficient by the Township Manager.
B.
Exemption for temporary absence due to special circumstances.
(1)
An exemption from the owner-occupancy requirement may be granted by the Township in cases where the property owner is temporarily unable to reside at the property due to:
(2)
To qualify for the exemption, the applicant must:
(a)
Submit a written request to the Township outlining the reason for the temporary absence and expected duration;
(b)
Provide supporting documentation, such as military orders, employer letters, or institutional confirmation;
(c)
Certify that the property was owner-occupied prior to the temporary absence and that they intend to resume occupancy within a defined period not to exceed 12 months (unless extended by the Township for good cause);
(d)
The Township may revoke the exemption at any time if the conditions are not met or if the exemption is used to circumvent the owner-occupancy requirement.
A.
Short-term rental license fees, payable to the Township 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 Board of Supervisors.
B.
Any short-term rental license is valid for the period of time indicated on the license, provided that all applicable conditions of this article are met at all times. Licenses must be renewed annually. Short-term rental license and renewal fees, payable to the Township 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 Board of Supervisors.
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 less than $100 nor more than $1,000 per violation, plus all court costs and reasonable attorney's fees incurred by Harris Township 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 Harris Township are hereby authorized to seek equitable relief, including injunction to enforce compliance with this article. All fines, penalties, costs and reasonable attorney's fees collected for the violation of this article shall be paid to Harris Township for its general use.
B.
Violations and penalties for short-term rentals. Any violations of this article shall result in the following penalties and/or fines:
C.
Any person so convicted shall have the right of appeal as provided in other cases of summary convictions under the laws of the Commonwealth of Pennsylvania.
A.
A short-term rental license shall be revoked for the remainder of the license cycle and one calendar year, but not to exceed 13 months, if a short-term rental has three violations of any of the following during any consecutive 12-month period:
B.
A short-term rental license shall be revoked for the remainder of the license cycle and one calendar year, but not to exceed 13 months, if the owner fails to notify Harris Township within 15 days before operating the property as a long-term rental.