[Adopted 9-27-2022 by Ord. No. 2022-7]
This Part shall be known as and may be cited as "The Millcreek
Township Limited Lodging Ordinance."
A.
The provisions of this Part shall apply to all dwelling units in the following districts in Millcreek Township: MU-1, MU-2, and PI Districts or the Limited Lodging Overlay in accordance with Chapter 145 of the Millcreek Township Zoning Ordinance. This Part shall not apply to campgrounds, hotels, in-law apartments, motels, bed-and-breakfast inns, or group residence facilities, as defined within § 145-11 of the Millcreek Township Zoning Ordinance.
B.
The use of a premises for limited lodging is authorized only within the following districts within Millcreek Township: MU-1, MU-2, and PI Districts or the Limited Lodging Overlay in accordance with Chapter 145 of the Millcreek Township Zoning Ordinance, and in accordance with the provisions of this Part.
A.
Interpretations. This Part is not intended to, and does not, excuse
any owner from compliance with the Millcreek Township Zoning Ordinance,
as amended from time to time. Whenever possible, this Part and the
Zoning Ordinance should be construed and interpreted as being consistent,
and not in conflict. Where the Zoning Ordinance imposes greater restrictions
or conflicts with this Part, the Zoning Ordinance shall control.
B.
Responsibility. The owner of the premises wherein a limited lodging
is located shall be responsible for compliance with the provisions
of this Part and the failure of an owner, agent, managing agency,
contact person, the person in charge, or renting occupants to comply
with the provisions of this Part, including the monitoring and control
of the number of occupants and guests, shall be deemed noncompliance
by the owner and subject the owner to enforcement proceedings and
the penalties contained herein.
C.
Terms defined elsewhere. Terms not defined here but defined in the Pennsylvania Municipalities Planning Code; Millcreek Township Code Chapter 70, Land Miscellaneous Activities and Regulation; Chapter 110, Municipal Solid Waste and Recycling; Chapter 116, Stormwater Management; Chapter 125, Subdivision and Land Development; and Chapter 145, Zoning shall have the same meaning as defined in such Statute or Code provisions.
For the purposes of this Part, words and terms used herein shall
be interpreted as follows:
A room containing a minimum of 70 square feet in area. If
occupied by more than one person room area shall contain not less
than 100 square feet. Proper means of egress shall comply with the
International Residential Code (IRC).
A single unit providing complete, independent living facilities
for the exclusive use of a single family maintaining a household,
including permanent provisions for living, sleeping, eating, cooking
and sanitation.
An individual or two or more persons related by blood or
marriage living together; or a group of individuals of not more than
three persons, not related by blood or marriage, but living together
as a single housekeeping unit (exclusive of any natural born or adopted
children of an adult resident). In each instance, the family shall
be understood to include the necessary domestic workers. The foregoing
restrictions do not apply to persons with disabilities as defined
in the Fair Housing Act, 42 U.S.C. § 3601 et seq.
The rental of all or a portion of a dwelling unit in the following districts: MU-1, MU-2, and PI Districts or the Limited Lodging Overlay. See also § 145-61 of the Millcreek Township Zoning Ordinance.
Permission granted by the Township to utilize a dwelling
unit for limited lodging use.
The person(s) in whose name(s) the property on which the
limited lodging is located is titled as set forth in the Office of
the Recorder of Deeds of Erie County, Pennsylvania, and/or as reflected
on the Erie County tax assessment records, or any person, as hereinafter
defined, in control or with right of control, directly or indirectly,
over the occupancy or right of occupancy of any rental unit.
An individual, partnership, public or private association
or corporation, limited liability company, firm, trust, estate, municipality,
governmental unit, public utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
limited lodging rental. The owner can be the person in charge if they
comply with the following requirements: A person in charge must reside
or have an office within 30 miles of the limited lodging 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 person in charge. This term shall be deemed to include "contact
person."
A separate lot or tax parcel with individual frontage abutting
the street line. A premises may include multiple Uses or occupancies.
A means of carrying or transporting something, including
but not limited to cars, trucks, recreational vehicles, campers, motorbikes,
boats, planes, trailers or other vehicles required by law to be registered
and/or licensed with the state.
No owner of any property in Millcreek Township shall operate
a limited lodging in Millcreek Township on a premises without first
obtaining a limited lodging permit from the Code Enforcement Officer.
Operation of a premises for limited lodging without such limited lodging
permit is a violation of this Part.
A.
Location. All dwelling units for which a permit is sought must be
in a zoning or overlay district where limited lodging is permitted
under the Millcreek Township Zoning Ordinance.
B.
Separate permits. A separate permit is required for each limited
lodging located on a premises; for townhouses, rowhouses or apartments,
a separate permit shall be required for each dwelling unit rented
for limited lodging.
C.
Permit not transferrable. The permit issued to an owner pursuant
to this Part is personal to the owner identified on the application
and does not run with the premises. If the ownership of the premises
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 limited lodging
permit under this Part prior to renting the premises as a limited
lodging rental, but shall be entitled to get a permit provided such
new owner complies with the terms of this Part within three months
of recording of the deed evidencing transfer of ownership.
A.
The Township will prescribe forms and procedures for the processing
of limited lodging permit applications under this Part. Within the
first year after this Part is effective, the Township may stagger
the initial permit renewal dates in order to balance the number of
permit renewals administered by the Township throughout the year.
B.
Limited lodging permit applications shall be submitted to the Code
Enforcement Officer in paper and/or electronic format; and
C.
Renewal applications shall be submitted at least 60 days before expiration
of the owner's current limited lodging permit. Provided that
the renewal application is timely submitted to the Township, the current
limited lodging permit shall remain in effect until such renewal application
is acted upon by the Code Enforcement Officer; otherwise, the permit
will expire as provided within the permit.
D.
Limited lodging permit applications shall contain all of the following
information:
(1)
Contact information.
(a)
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 then the owner shall provide a twenty-four-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 30 miles from the limited lodging
premises, an agent or local contact person must be selected to act
as person in charge for the property.
(b)
The name, address and twenty-four-hour telephone number of the
managing agency, agent or local contact person.
(c)
The application shall be signed by both the owner and the local
managing agent or local contact person.
(2)
Floor plans prepared by a licensed professional with the Commonwealth
of Pennsylvania including the following information:
(a)
Identifies rooms on all floors and specific location and dimensions
of bedrooms.
(b)
The total number of bedrooms and maximum number of overnight
guests.
(c)
If the building is a multiunit structure, the total number of
dwelling units in the structure and the number of dwelling units being
used for limited lodging.
(d)
The name of the person that prepared the plan and a plan date.
(4)
A photograph of the limited lodging Premises taken from the access
road side.
(5)
Other certificates/information:
(a)
Copy of the use certificate from the Township Zoning Officer.
(b)
Copies of current Erie County hotel room rental tax certificate
of authorization and current Pennsylvania sales and use tax permit.
(c)
Consent by the owner allowing for inspection of the limited
lodging by the Code Enforcement Officer or their designee to verify
compliance with the information submitted with the limited lodging
permit application and any permit that may be granted.
(d)
Copy of the current recorded deed for the property establishing
ownership.
(e)
Each owner shall maintain at least at least $500,000 in general
liability insurance on the limited lodging premises for the full duration
of their license term and provide proof of the same to the Township.
E.
Limited lodging permit renewal applications shall contain the following
information:
(1)
Any changes from the immediately preceding application with respect
to matters governed by this Part;
(2)
The owner shall provide proof that there is no outstanding and unpaid
Erie County Hotel Room Excise tax or Pennsylvania State tax for the
immediate preceding year.
(3)
Agreement by the owner that the Code Enforcement Officer or their
designee is authorized to conduct an inspection prior to the issuance
of a limited lodging permit and renewal permit to verify the accuracy
of application information and compliance with this Part; and
(4)
A copy of all marketing/advertisements relating to the limited lodging
within the last 12 months.
A.
Limited lodging permit conditions.
(1)
A limited lodging permit shall be issued only to the owner of the
limited lodging premises.
(2)
The use of a premises for limited lodging rental requires a use certificate
from the Zoning Officer that must be renewed annually with the Township.
(3)
A limited lodging permit is effective for a period of one year from
the date of issuance by the Township, or until any of the conditions
of the limited lodging which are governed by this Part are changed,
whichever shall first occur. A limited lodging permit must be renewed
annually and also when any of the conditions of the limited lodging
which are governed by this Part are changed.
(4)
The issuance of a limited lodging permit is conditioned on the owner
agreeing to allow inspections of the dwelling unit covered by the
limited lodging permit for purposes of determining compliance with
this Part and such other applicable requirements under local, state
and federal law.
(5)
Compliance with the requirements of this Part shall be considered
conditions of a limited lodging permit and the renewal of a limited
lodging permit, the violation of which may result in a revocation
or denial of that permit by the Zoning and/or Code Enforcement Officer.
B.
C.
A limited lodging permit or renewal permit shall be denied if either
of the following exists:
D.
A limited lodging permit may be revoked under any of the following:
(1)
If the owner violates more than two different permit conditions within
three months;
(2)
If the owner violates the same limited lodging permit condition more
than two times within a three-month period; or
(3)
If the owner fails to cure a violation of any limited lodging permit
or any provision of this Part within 30 days of receiving either a
warning or a citation related to such violation.
A.
Limited lodging premises shall have a clearly visible and legible
notice posted within the dwelling unit on or adjacent to the inside
of the front door containing the following information:
(1)
The name of the owner of the dwelling unit or the managing agency,
agent, property manager or local contact authorized in writing to
accept service for the owner of the dwelling 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 premises.
(3)
The maximum number of occupants permitted at any one time.
(4)
The maximum number of all vehicles allowed to be on the premises
and the requirement that all parking must be in the available parking
areas on the premises and not in or along any private, community or
public street right-of-way, sidewalks or on any lawn or vegetated
area on the premises.
(5)
The trash pick-up day and notification that trash and refuse shall
be stored in approved garbage containers and not be left or stored
on the exterior of the premises.
(6)
Notification that an occupant may be cited and fined for creating
a disturbance or for violating other provisions of the Township Code,
including parking and occupancy limits.
(7)
Notification that the premises may be inspected by Millcreek Township
officials at any time to determine compliance with this Part and other
applicable requirements under local, state and federal laws.
(8)
Notification that limited lodging occupants are required to make
the premises and the dwelling unit available for inspection by the
Zoning and/or Code Enforcement Officer upon request.
B.
Owner shall provide occupants with a physical copy of this Part that
is placed in a conspicuous location within the limited lodging.
C.
A limited lodging 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, including the basement;
(4)
Ground fault circuit interrupter outlets for receptacles located
within six feet of a water source and in all laundry facilities;
(5)
A dryer exhaust system in accordance with the dryer manufacturer's
instructions;
(6)
Carbon monoxide detector installed in any dwelling unit and bedroom
that contains a fuel-burning appliance or a fuel-burning fireplace;
(7)
Carbon monoxide detector installed in any dwelling unit and bedroom
if a garage is attached to the dwelling unit;
(8)
Fire extinguisher in kitchen installed and maintained in accordance
with this Part and NFPA 10;
(9)
Stairs (indoor and outdoor) in good condition, including common areas;
and
(10)
E-911 address marker shall be placed in a position to be plainly
legible and visible from the street fronting the premises. The address
numbers shall contrast with their background, shall be Arabic numerals
or alphabet letters not less than four inches in height with a minimum
stroke width of 0.5 inches.
D.
Overnight occupancy of a limited lodging shall be limited to no more
than two persons per bedroom.
E.
Overnight persons occupying the limited lodging shall meet the definition
of family.
F.
The dwelling unit shall not be rented to the same renter for a period
of not less than two consecutive nights and not more than 30 consecutive
nights.
G.
Owner of the dwelling unit is required to maintain records of all
rentals for a period of two years. The records shall include the renter
names, address, telephone number, e-mail address, check-in and check-out
dates, and names of all occupants and guests.
H.
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 75% for the maximum overnight
occupancy of the limited lodging. For example, if the maximum overnight
occupancy is 10 people, the maximum number of day guests is 7.5 guests,
which would be rounded up to eight guests.
I.
Outdoor parking for overnight and day guests shall be limited to
available parking areas on the limited lodging premises. In no event
shall parking for limited lodging guests include spaces in any public
street right-of-way or on any lawns or vegetated areas.
J.
Neither limited lodging 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.
K.
Overnight occupancy of recreational vehicles, camper trailers and
tents at the property where the limited lodging is located shall not
be allowed. Outdoor overnight sleeping of occupants or guests of the
limited lodging is prohibited.
L.
A limited lodging premises shall not have any outside appearance
indicating a change of use from the surrounding residential uses.
M.
Fireworks and floating lanterns are prohibited.
N.
Subleasing all or a portion of the limited lodging dwelling unit
is prohibited.
O.
Compliance with the requirements of this Part shall be considered
conditions of a limited lodging permit, the violation of which may
result in a revocation of that permit by the Zoning and/or Code Enforcement
Officer.
A.
Limited lodging fees, payable to Millcreek Township upon the filing
of a limited lodging permit application, shall be in such amount as
may be established by resolution duly adopted by the Board of Supervisors.
B.
Any limited lodging permit is good for a period not to exceed one
year from the date of issuance and must be renewed annually. Limited
lodging permit renewal fees, payable to Millcreek Township upon the
filing of a limited lodging permit renewal application, shall be in
such amount as may be established by resolution duly adopted by the
Board of Supervisors.
A.
Inspections of limited lodging premises by Code Enforcement Officer
to verify permit application information, permit renewal information,
and/or compliance with permit conditions and/or any requirements of
this Part shall be authorized by the owner as a condition to permit
issuance. During inspection, the inspector may determine compliance
with other applicable codes.
B.
The issuance of a limited lodging permit is not a warranty that the
premises is lawful, safe, habitable, or in compliance with this Part.
The following marketing activities are prohibited and shall
be considered violations of this Part:
A.
Offering or using any dwelling unit as a limited lodging without
first obtaining a permit in accordance with this Part;
B.
Offering an occupancy capacity in excess of the occupancy limit specified
in the permit;
C.
Posting of the premises that it is used for limited lodging;
D.
Failure to include the limited lodging rental permit number for the
dwelling unit in any advertisement;
E.
Marketing or advertising a limited lodging dwelling unit outside
the permitted scope of the limited lodging permit issued under this
Part; or
F.
Promoting any activity that is prohibited by this Part, any provision
of the Millcreek Township Code, local, state or federal law.
A.
Enforcement.
(1)
Any person who violates any provision of this Part shall be liable to proceedings for enforcement of this Part in accordance with Millcreek Township Code, Chapter 48, Enforcement and Collection Activities, as may be amended, and the Pennsylvania Rules of Criminal Procedure governing enforcement of summary offenses.
(2)
The administrator of this Part shall be the Chief Code Enforcement
Officer as appointed by the Township, which shall include any appointed
Assistant Code Enforcement Officers as well as the Zoning and Development
Officer or any appointed Assistant Zoning and Development Officer.
The Millcreek Township Department of Code Enforcement, Millcreek Township
Police Department and other code enforcement personnel designated
by the Board of Supervisors shall have authority to investigate alleged
violations and enforce the provisions of this Part.
(3)
Upon a determination by the investigating authority that a violation
of this Part has occurred, a citation shall be personally handed to
or otherwise served upon the violator(s) and an action for enforcement
of this Part shall be instituted in the Magisterial District Court
having appropriate jurisdiction in accordance with the Pennsylvania
Rules of Criminal Procedure governing summary violations. Notwithstanding
the above, a warning may be issued in place of a citation.
(4)
Upon entry of judgment in favor of the Township and/or the Commonwealth in such enforcement action, said judgment shall include the criminal action fine prescribed for the violation in § 70-109B of this Part, plus all court costs and all attorneys' fees incurred by Millcreek Township in such matter, pursuant to Millcreek Township Code, Chapter 48, Enforcement and Collection Activities, as amended.
B.
Violations and penalties.
(1)
Any person, who violates or permits a violation of the provisions
of this Part shall, upon conviction in a summary proceeding, pay a
fine in an amount not to exceed $1,000 per violation plus all court
costs and reasonable attorney's fees incurred by Millcreek Township
in the enforcement proceedings, and/or be imprisoned to the extent
allowed by law for the punishment of summary offenses. Further, the
appropriate officers or agents of Millcreek Township are hereby authorized
to seek equitable relief, including injunction to enforce compliance
with this Part. All fines, penalties, costs and reasonable attorney's
fees collected for the violation of this Part shall be paid to Millcreek
Township for its general use.
(2)
A person found to have violated this Part shall be responsible for
payment of all attorneys' fees incurred in the matter by Millcreek
Township, including all appeals taken by the violator.
(3)
The Board of Supervisors does not prescribe imprisonment for punishment
of violations of this Part.
(4)
Each violation of this Part shall constitute a separate offense.
Each day a violation occurs shall constitute a separate offense and
subject the violator to the prescribed fines for each violation and
for each day of violation.
If the premises is owned by more than one owner, all co-owners
of the premises shall be cited in all notices and proceedings and
such persons be jointly and severally liable for the violation, fine
and all costs, fees and other charges due as a consequence of such
violation and all proceedings related thereto.
A.
Appeals of a determination of the Chief Code Enforcement Officer,
the Assistant Code Enforcement Officers, the Zoning and Development
Officer or any appointed Assistant Zoning and Development Officer
under this Part to deny any permit application or renewal application
for a limited lodging permit, or to revoke a limited lodging permit,
shall be filed with the Board of Supervisors within 30 days of the
date of the denial of application or revocation of permit. An appeal
shall be processed as follows:
(1)
Only the owner of the premises or a person or entity that has a direct
interest in the matter shall have standing to file an appeal. The
person or entity filing the appeal shall be designated the appellant.
(2)
All appeals shall be in writing and signed by the appellant on forms
prescribed by the Township, and shall be accompanied by a fee, the
amount of which shall be established by the Township Supervisors,
which may include notice and advertising costs, and necessary administrative
overhead in relation to the hearing.
(3)
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 Board of Supervisors shall conduct hearings and make
decisions pursuant to the Local Agency Law, 2 Pa. C.S.A. §§ 105,
551-555, 751-754, and in accordance with the following requirements:
(1)
Written notice shall be given to the appellant, the Chief Code Enforcement
Officer, the Assistant Code Enforcement Officers, the Zoning and Development
Officer or any appointed Assistant Zoning and Development 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 Board of Supervisors, 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 Board of Supervisors. The
decision or, where no decision is called for, the findings shall be
in writing by the Board of Supervisors 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 Chairman or Acting Chairman of the Board who presides at the
hearing 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 Board of Supervisors 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 Board of Supervisors, 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.
