Township of Lower Makefield, PA Lodging Facilities

It is the purpose of this article and the policy of the Township of Lower Makefield, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of owners and transient visitors to maintain and improve the quality of life around residences throughout the Township. There is a greater incidence of disturbances and violations of various codes of the Township which adversely affect the peace and quiet of the neighborhood at residential properties where owners allow unregulated transient visitors.

If unregulated, short-term lodging facilities can create negative compatibility impacts in residential neighborhoods, including inappropriate commercialization and disruption of the character of single-family neighborhoods, excessive noise, on-street parking that overwhelms use by local residents, increased risk of inappropriate conduct for which enforcement against transients may be difficult, and accumulation of rubbish and trash.

A parallel purpose of this article is to ensure safe, healthy and nondiscriminatory housing arrangements for transient visitors through a regular licensing and inspection program not hitherto in place for rentals of single-family dwellings or portions thereof.

Intent. Furthermore the Board of Supervisors of the Township Lower Makefield intends for this article:

To enhance accountability of property owners and transient visitors, minimize the risk of communal disturbances and conflict and violations of various codes of the Township which are capable of repetition but evading review, and otherwise protect and promote the public health, safety and welfare of its citizens;

To ensure safe, healthy and nondiscriminatory housing arrangements for transient visitors through a regular licensing and inspection program not hitherto in place for rentals of single-family dwellings or portions thereof;

To minimize negative compatibility impacts from excessive noise, on-street parking that overwhelms use by local residents, increased risk of inappropriate conduct for which enforcement against transients may be difficult, and accumulation of rubbish and trash;

To impose corresponding owner licensing arrangements for transient accommodations already in place for other residential regulated rental units.

To preserve the tranquil and suburban character of residential neighborhoods and to preserve residential housing that attracts residents, homeowners and visitors to the Township.

Applicability. This article shall apply to all short-term lodging facilities as defined hereinbelow and the owner of the short-term lodging facility shall be responsible for compliance with all terms and conditions of this article. Any failure by an individual, entity, agent, managing agent or local contact person to comply with this article, including the monitoring and control of the number of occupants and visitors, shall be deemed as noncompliance by the owner of the short-term lodging facility.

§ 130-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BEDROOM

A room of a residential structure that contains a minimum of 70 square feet in accordance with the International Residential Code which is used as a sleeping room and for no other primary purpose.

BOARD OF APPEAL

The Board of Appeal identified in Chapter 97 of the Codified Ordinances of the Township of Lower Makefield and/or occasionally known as the "Board of Appeals."

OWNER

The individual, entity, or entities indicated by the Bucks County Board of Assessment records as having legal title to a property.

RENT

The consideration received by the owner, or agent on behalf of the owner, in money, credits, property or other consideration, including personal services valued as an alternative to money, for short-term lodging.

RENTAL

An arrangement whereby one or more persons obtain permission to occupy a property or portion thereof, regardless of whether compensation or other consideration is passed by a transient visitor to the owner or an agent of the owner.

SHORT-TERM LODGING

The occupancy of a dwelling unit or portion thereof for temporary rental overnight occupancy by transients for a period of not less than one day and not more than 30 days.

TOWNSHIP

The Township of Lower Makefield.

TRANSIENT VISITOR

An occupant of a dwelling unit or sleeping unit for not more than 30 days, unless occupant is related to the owner as married spouse, parent or child, grandparent or grandchild, or brother or sister.

§ 130-3 Restrictions on transient rentals; types of short-term lodging facilities.

Unless qualified or defined as a hotel or bed-and-breakfast home use conducted in accordance with the Zoning Ordinance, short-term lodging is prohibited throughout the Township of Lower Makefield except in the following circumstances:

Specific bedroom accommodation. The owner of an owner-occupied single-family dwelling may rent no more than two bedrooms to transient visitors for a period of not less than 24 hours and not more than 30 consecutive days. Under this arrangement, the owner must occupy the residence during the stay of the transient visitor.

Entire residential unit accommodation. An owner may rent a residential property which he/she/it/they own(s) to transient visitors for a minimum period of seven consecutive days, not to exceed 30 consecutive or nonconsecutive calendar days per year (each year shall be January 1 through December 31). Under this type of arrangement, the owner may, but is not required to, remain on the premises during the stay of the transient guests.

§ 130-4 License requirements and conditions.

Before any dwelling unit is advertised for short-term lodging, the owner of each property to be designated as a short-term lodging facility shall obtain the required license from the Township. Such license shall only be issued if the requirements of this article are met.

Upon application in such form as may be required by the Township for a short-term lodging license or renewal thereof, each applicant shall pay to the Township an annual license and inspection fee in accordance with the housing inspection fee schedule resolution. A license for a short-term lodging facility shall not be transferred or sold and will expire upon the conveyance of the property.

Each license application shall set forth, in the form approved by the Township, such applicable information necessary for the review and maintenance of the requested license. Each application shall include, but is not limited to:

Name, address, telephone number and email address of the owner or local contact person of the short-term lodging facility;

The marketing entity name and identification number for the short-term lodging facility;

Acknowledgement signed by the owner that all designated bedrooms contain a minimum of 70 square feet;

Acknowledgement signed by the owner that the owner and local contact person, agent or other related entity have read all regulations as contained in this article pertaining to the operation of the short-term lodging facility;

Acknowledgement signed by the owner that 911 emergency address information consisting of block lettering no less than three inches in height is placed upon the building as to be easily visible from the street, and acknowledgement that a copy of the designated approved license for short-term lodging shall be posted and maintained in a conspicuous area of the property;

(6)

Designation of the specific bedrooms offered or intended to offer as short-term lodging; and

(7)

Any other information that the designated Township enforcement officer deems reasonably necessary to administer and enforce this article.

Any license for a short-term lodging facility shall be renewed annually, and at any time when any of the conditions of the short-term lodging which is/are governed by this article change.

Issuance of license to owner. Only the owner of the short-term lodging facility shall be issued the required license for the short-term lodging. The license shall not be transferred, sold or assigned to any other individual or entity.

Inspection and authorization. Any application for a license for a short-term lodging facility implicitly grants authority and permission for all inspections by the Township as otherwise authorized in applicable codes, regulations and ordinances of the Township. Inspections of all short-term lodging facilities shall occur no less than two times each and every year for any license applications and/or license renewal.

Each license will note how many lodgers are permitted for short-term rental and require the applicant to submit proof of, and remain in constant compliance with, all of the following:

An accurately drawn floor plan of the residence showing the number of bedrooms and location of smoke alarms and carbon monoxide detectors. Floor plans must show details for every level of the residence and any attached structures and the location of windows and all interior and exterior doorways.

In the case of short-term lodging where the owner-occupant rents a specific bedroom accommodation, the floor plan must clearly designate bedrooms to be used for short-term lodging, which must be located within the principal dwelling unit and not in an accessory building.

The requirements of § 130-5, Operation and performance standards and conditions, of this article.

At time of registration and at time of any subsequent renewal or application for change of license, the owner shall provide a copy of the marketing or advertisement of the short-term lodging facility and a listing of all vendors and marketing entities which will host and/or publish the marketing and advertisement for the short-term lodging facility.

§ 130-5 Operation and performance standards and conditions.

Any short-term lodging permitted and approved under this article must meet all of the following standards:

The dwelling shall remain as a single household residential living unit with common housekeeping, kitchen and laundry facilities.

By written agreement or other acceptable acknowledgment, the owner shall limit overnight occupancy of the short-term lodging facility to the specific number of occupants designated in the license, with the number of overnight occupants not to exceed two persons per bedroom plus four additional people per residence.

In no instance shall the existing number of approved bedrooms be increased for any short-term lodging without the express advanced written approval of the Township.

The owner of the short-term lodging facility shall limit the number of all vehicles of approved overnight occupants to the number designated in the license, which number of vehicles shall not exceed the allowable occupancy per room or one space for each guest room in addition to the number of spaces required for the residents, whichever number is less.

Nothing in this housing ordinance shall allow the licensee to make the short-term lodging facility available for use by a transient visitor or guest for nonresidential purposes, such as, but not limited to, the lease or use of the property as reception space, party space, meeting space or for other similar events open to the transient guests.

Short-term lodging facility shall be either of the types set forth in § 130-3 of this article for the entire duration of the annual license unless a new short-term lodging license is obtained and a new license fee is paid. A facility may not change or mix the type of transient accommodation during a licensed period without the express prior review and approval of the Township.

The short-term lodging facility shall not adversely affect the residential character of the neighborhood. Short-term rental may not generate noise, vibration, glare, odor or other effects that unreasonably interfere with a person's enjoyment of his or her neighborhood. Any lights used for exterior illumination of the short-term lodging facility and property shall direct light away for adjoining properties, and all lighting shall be pointed/shielded downward to minimize upward glare.

The owner shall be responsible for the safety and welfare of all transient visitors and guests, preserving the peace and quiet of the community within which the short-term lodging facility is found from noises or disruptions caused by any transient visitor or guest, and to maintain the property in accordance with all laws, regulations and ordinances, including, but not limited to, any conduct which would qualify as a prohibited act within the meaning of Chapter 144 concerning peace and good order of the Codified Ordinances of the Township, and promptly report those persons violating the same to the responsible Township officers and departments for enforcement purposes.

There shall be inspections, no less than two times each and every year, conducted by the Township in accordance with the fee schedule resolution. The owner of the short-term lodging facility is responsible for scheduling the inspections and paying all applicable fees. Failure to do so will result in revocation of the short-term lodging license.

The owner of the short-term lodging facility must apply for and keep current with a Township of Lower Makefield business privilege tax license.

There shall be no physical changes to the premises so that it no longer looks like a single-family dwelling, such as constructing a separate entrance for the use of the transient visitor or guest.

The owner of the short-term lodging facility shall submit a certification of trash hauler to the Township on an annual basis. The owner of the short-term lodging facility is responsible for trash and recycling removal. Lodgers must be notified of trash and recycling collection days.

With respect to making the property available for use, the owners of the short-term lodging facility shall comply with all antidiscrimination provisions under state and federal law.

The owner of the short-term lodging facility must maintain a ledger which details the length of stay of each transient visitor and present same to a Township of Lower Makefield Code Enforcement Officer when requested.

The property used as a short-term lodging facility shall be available for access and inspection by the Township enforcement officer to verify application, license and operational requirements, or if the Township has reason to believe that any provision of this article is being violated.

The Township enforcement officer shall have the authority to impose additional conditions pursuant to any license or renewal in the event of any prior violation of the conditions of the license or provisions of this article.

§ 130-6 Marketing.

The marketing of any short-term lodging facility which exceeds the number of otherwise maximum occupancy requirements under any approved license or as permitted by this article, or which promotes any activity which is prohibited by this article, shall be a violation of this article. The owner or local contact person shall provide to the enforcement officer a copy of all advertisements related to the short-term lodging facility.

§ 130-7 Grounds for suspension, revocation, or nonrenewal of license.

General. In addition to or as an alternative from seeking fines under § 130-10 of this article, the Code Official may take administrative disciplinary action against an owner that may result in a formal warning, nonrenewal, suspension or revocation of the short-term lodging facility license, for violating any provision of this article that imposes a duty upon the owner and/or for failing to regulate the breach of duties by occupants as provided for herein. If the Code Official issues three notices of violation to the owner for any breach of this article within a five-year period, the license previously issued for any short-term lodging shall be automatically revoked and shall not be renewed.

[Amended 9-6-2023 by Ord. No. 441]

Disciplinary actions; other actions. The following constitute the disciplinary actions and other actions available to the Code Official under this article.

Formal warning: formal written notification of at least one violation of this article. Upon satisfactory compliance with this article and any conditions imposed by the Code Official and/or the Township of Lower Makefield, the formal warning shall be removed when the owner applies for license renewal at a time set by the Code Official or by Township of Lower Makefield, unless the license was revoked due to the issuance of three notices of violation to the owner within a five-year period, at which time the license shall not be renewed or reissued.

[Amended 9-6-2023 by Ord. No. 441]

Suspension: the immediate loss of the privilege to rent the short-term lodging facility for a period of time set by the Code Official not to exceed one year from the date of suspension of the license. The owner, after the expiration of the suspension period, may apply for license renewal without the need to show cause why the owner's privilege to apply for a license should be reinstated, provided the owner has paid a new license fee. Upon suspension, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the short-term lodging facility through the end of the suspension period and any unlicensed period.

Revocation: the immediate loss of the privilege to rent the short-term lodging facility for any period of time longer than one year or for a second or subsequent suspension of the license for the same facility, as may be determined by the Code Official, including the immediate revocation of the license as a result of the issuance of three notices of violation to the owner within a five-year period. Upon revocation, the owner shall take immediate steps to evict, and disallow any further use by, all transient visitors at the short-term lodging facility through the end of the suspension period and any unlicensed period.

[Amended 9-6-2023 by Ord. No. 441]

Reinstatement: a short-term lodging license shall be reinstated from suspension or revocation if the owner or operator of a short-term lodging facility corrects all reason(s) for the suspension or revocation of the short-term lodging license and has paid a new license fee and all court penalties, if any, obtained pursuant to § 130-10 of this article.

Nonrenewal: the denial of an application for license renewal after expiration of any license term due to the failure of the owner to comply with the requirements of this article or failure to correct the conditions for which his or her license was previously suspended or revoked. Unless otherwise prohibited by the suspension or revocation of a short-term lodging license, the Township will permit the owner to maintain transient visitors in the premises until the end of the license term but will not accept applications for renewal of the license until a time set by the Code Official or by Township of Lower Makefield such time not to exceed one year from the renewal date.

(6)

Other remedies. Nothing in this article shall limit the right, power or jurisdiction of the Township to proceed against the owner or any transient visitor or guest under any other law, regulation or ordinance.

Criteria for applying sanctions. The Code Official, when applying sanctions, shall consider the following:

The effect of the violation on the health, safety and welfare of the occupants of the short-term lodging facility and other residents of the premises.

The effect of the violation on the neighborhood.

Whether the owner has prior violations of this article and other ordinances of the Township or has received notices of violations as provided for in this article.

Whether the owner has been subject to sanctions under this article.

The action taken by the owner to remedy the violation and to prevent future violations, including any written plan submitted by the owner.

(6)

Notwithstanding any past or pending administrative action taken to suspend, revoke, or not renew a license for short-term lodging facility license, upon conviction of a second or subsequent offense under § 130-10 of this article within any five-year period, the owner of the facility, and his/her successors, heirs and assigns, shall be disqualified from using the property as a short-term lodging facility for a period of two years.

Reasonable conditions. In addition to enforcing sanctions as set forth above, the Code Official may impose upon the existing or subsequent licenses reasonable conditions related to fulfilling the purposes of this article.

Search warrant. Upon a showing of probable cause that a violation of this article or any other ordinance of the Township of Lower Makefield has occurred, the Code Official may apply to the Magisterial District Judge having jurisdiction in the Township of Lower Makefield for a search warrant to enter and inspect the premises.

§ 130-8 Procedure for nonrenewal, suspension, or revocation of license, and appeal.

Form of notification. Following a determination by the Code Official that grounds for nonrenewal, suspension or revocation of a short-term lodging license exist, the Code Official shall notify the owner of the action to be taken by the Code Official and the reason therefor. Such notification shall be in writing, addressed to the owner in question, and shall contain the following information:

The address and identification of the particular short-term lodging facility affected.

A description of the violation which has been found to exist.

A statement that the license for said short-term lodging facility shall be either suspended or revoked, or will not be renewed for the next license period. In the case of a suspension or revocation, the notice shall state the date upon which such suspension or revocation will commence, and in the case of a suspension shall also state the duration of said suspension and may extend into a period of license renewal. A revocation shall last through the end of the current license period and may be combined with a period of disqualification for renewal.

A statement that, due to the nonrenewal, suspension or revocation (as the case may be), the owner is prohibited from allowing use of the facility by transients.

Delivery of notification. The Code Official shall post the notice at a conspicuous place at the short-term lodging facility and transmit a copy to the owner by personal delivery and/or some method documenting delivery thereof through United States Postal Service or a private carrier to the owner or an adult person in responsible possession of the residence or business of owner. In the event such personal delivery or documented delivery cannot be accomplished after a reasonable attempt to do so, then the notice may be sent to the owner at the address stated on the most current license application for the short-term lodging facility in question, by regular first-class mail, postage prepaid. If such notice is not returned by the postal authorities within five days of its deposit in the U.S. mail, then it shall be deemed to have been delivered to and received by the addressee on the fifth day following its deposit in the U.S. mail, and all time periods set forth under this chapter above, shall thereupon be calculated from said fifth day.

Appeals. Any owner affected by a decision of the Code Official or a notice or order issued by the Code Official shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal may be made when it is claimed that the true intent of the codes or rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, and/or whether the period of license suspension, revocation and/or nonrenewal was appropriate.

§ 130-9 Severability.

The provisions of this article are severable. If any section, clause, sentence part or provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this article. It is hereby declared to be the intent of the Township Supervisors that this article would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence or part of a provision had not been included herein.

§ 130-10 Enforcement; violations and penalties.

Summary offense. Any person, firm, or corporation who shall violate a provision of this article or shall fail to comply with any of the requirements hereof, or the Building Code of the Township, or shall be in violation of an approved plan or directive of the Code Enforcement Officer shall, upon conviction thereof before a Magisterial District Judge of the Township of Lower Makefield, Pennsylvania, be liable to pay the following penalties:

First violation: a fine not to exceed $1,000.