[Adopted 4-21-2021 by Ord. No. 426]
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.
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:
A. 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.
B. 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.
Any short-term lodging permitted and approved under this article
must meet all of the following standards:
A. The dwelling shall remain as a single household residential living
unit with common housekeeping, kitchen and laundry facilities.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. The owner of the short-term lodging facility must apply for and keep
current with a Township of Lower Makefield business privilege tax
license.
K. 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.
L. 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.
M. 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.
N. 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.
O. 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.
P. 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.
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.