[HISTORY: Adopted by Board of Commissioners of the Township
of Shaler 7-12-2022 by Ord. No. 1967. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Shaler
Township Short-Term Rental Ordinance."
A.
The provisions of this chapter shall apply to all residential dwelling
units and all existing premises within the Township of Shaler. The
owner of the subject property shall be responsible for compliance
with the provisions of this chapter and the failure of renters, occupants
or guests to comply with the provisions of this chapter shall be deemed
noncompliance by the owner.
This chapter is not intended to, and does not, excuse any landowner
from compliance with the Shaler 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.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
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 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.
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided therein,
for the exclusive use of that single family.
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 approximately 10 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 seven days if there is a change in the
identity of the person in charge.
Any dwelling unit utilized as a single-family dwelling, which serves as the primary residence of the owner, rented for the purpose of overnight lodging for a period of 30 days or less. A short-term rental does not include accessory uses or structures on the premises and is subject to the performance standards of Article VII, §§ 225-42 through 225-53 of the Shaler Township Zoning Ordinance.[1].
Permission granted by the Township to utilize a dwelling
unit for short-term rental use.
No owner of any property in Shaler Township shall operate a
short-term rental in Shaler Township without first obtaining 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 chapter.
Permits are not transferable or assignable to any new owner of the
property.
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
and person in charge.
(2)
The total number of bedrooms and maximum number of overnight guests.
(3)
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.
(4)
A diagram or photograph showing the location and number of on-site
parking spaces.
(5)
Copies of current Allegheny County Hotel Room Excise Tax Certificate
and current Pennsylvania Sales and Use Tax Permit.
(6)
Signature(s) of the owner(s).
(7)
Trespass waiver signed by the owner allowing access to the property
for the Enforcement Officer and/or any law enforcement officer for
the purpose of inspection to verify compliance with this chapter.
(8)
Copy of the current recorded deed for the property establishing ownership.
(9)
Each owner shall maintain at least $1,000,000 in general liability
insurance on the short-term rentals for the full duration of their
license term and provide proof of the same to the Township.
(10)
Written notice to the homeowner's association, indicating
the intent to make application for and use the subject residential
property for a short-term rental, when applicable.
B.
A short-term rental permit shall be issued only to the owner of the
short-term rental property.
(1)
A separate permit shall be required for each dwelling unit being
rented 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 chapter are changed, whichever shall first occur.
A short-term permit must be renewed annually and also when any of
the conditions of the short-term rental which are governed by this
chapter are changed.
(3)
The Township will prescribe forms and procedures for the processing
of permit applications under this chapter.
A.
Overnight occupancy of a short-term rental shall be limited to no
more than: i) Two persons per bedroom plus two additional persons;
or ii) A maximum of eight occupants, whichever is less.
B.
The maximum number of day guests allowed at any one time, in addition
to the overnight occupants, shall be 50% for the maximum overnight
occupancy of the short-term rental.
C.
Outdoor parking for overnight and day guests shall be limited to
available parking spaces on the short-term rental property. In no
event shall parking for short-term rental guests include spaces in
any public street, right-of-way or on any lawns or vegetated areas.
D.
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, quarreling, challenging to
fight, or fighting, or creating a dangerous or physically offensive
condition.
E.
(Reserved)
F.
The owner shall be responsible to assure that the occupants or guests
of the short-term rental do not create unreasonable noise or disturbances,
engage in disorderly conduct, or otherwise violate provisions of the
Shaler Township Code or any state law pertaining to noise or disorderly
conduct including, but not limited to, notifying the occupants of
the rules regarding short-term rentals and responding when notified
that occupants are violating laws, ordinances or regulations regarding
their occupancy.
G.
The owner shall, upon notification that occupants or guests of the
short-term rental have created unreasonable noise or disturbances,
engaged in disorderly conduct or otherwise violated provisions of
the Shaler Township Code or state law pertaining to noise or disorderly
conduct, promptly take action to prevent a recurrence of such conduct
by those occupants or guests.
H.
Overnight occupancy of recreational vehicles, camper trailers and
tents at the property where the short-term rental is located shall
not be allowed. Outdoor overnight sleeping of occupants or guests
of the short-term rental is prohibited.
I.
A short-term rental shall not have any outside appearance indicating
a change of use from the surrounding residential uses.
J.
Fireworks and floating lanterns are prohibited.
K.
Subleasing all or a portion of the dwelling unit is prohibited.
L.
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:
(1)
The name of the owner of the unit, and a telephone number at which
the owner and the person in charge can be reached on a twenty-four-hour
basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling
unit and the maximum number of day guests permitted at any one time.
(4)
The maximum number of all vehicles allowed to be on the property
and the requirement that all guest parking must be parked in the available
parking spaces on the property and not in or along any private, community
or public street, right-of-way or on any lawn or vegetated area on
the property.
(5)
The trash pick-up day and notification that trash and refuse shall
not be left or stored on the exterior of the property.
(6)
Notification that an occupant or guest may be cited and fined for
creating a disturbance or for violating other provisions of the Shaler
Township Code, including parking and occupancy limits.
(7)
Notification that short-term rental occupants and guests are required
to make the dwelling unit available for inspection by the Enforcement
Officer upon request.
M.
All short-term rentals 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;
(4)
GFI outlets for outlets located within six feet of water source;
(5)
Aluminum or metal exhaust from dryer;
(6)
Carbon monoxide detector if open flame (oil or gas) furnace, gas
or wood fireplace, or wood-burning stove;
(7)
Carbon monoxide detector if garage is attached;
(8)
Fire extinguisher in kitchen;
(9)
Stairs (indoor and outdoor) in good condition;
(10)
Swimming pools, hot tubs and spas must meet the barrier requirements
as indicated in Appendix G of the 2018 International Residential Code;
and
(11)
Any other occupancy requirements which may be added by ordinance
revision by the Board of Commissioners.
N.
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 fees, payable to Shaler 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 Commissioners.
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 Shaler 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 Commissioners.
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 chapter.
D.
Verification that all applicable state, county, and local taxes have
been paid shall be made before permit renewal is granted.
The administrator of this article shall be the Enforcement Officer
as appointed by the Shaler Township, which shall include any appointed
Assistant Enforcement Officers. The Enforcement Officer and/or the
Assistant shall have the responsibility and authority to administer
and enforce all provisions of this chapter.
A.
All short-term rentals shall be subject to inspections by the Enforcement
Officer to verify application information, permit, permit renewal
and/or operating requirements.
B.
The issuance of a short-term rental permit is not a representation
or warranty by the Township that the premises is lawful, safe, habitable,
or in compliance with this chapter.
C.
If there is reason to believe that any provision of this chapter
is being violated, the Board of Commissioners may or may cause, through
an authorized representative of the Township, entry onto premises
for the purpose of inspection of any and all premises, properties,
buildings and/or structures located within the Township for ascertaining
the existence of violations.
The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this chapter, or which promotes any other activity which is prohibited
by this chapter, shall be a violation of this chapter.
If it appears to an Enforcement Officer that a violation of
this chapter exists or has occurred, the Enforcement Officer shall
send a written notice of violation to the owner by personal delivery
or by both United States first-class and certified mail. The enforcement
notice shall identify the premises which is the subject of the violation,
enumerate the conditions which constitute the violation, cite the
specific sections of this chapter which are violated, indicate the
action required to correct the violation, and provide a time frame
(established by the Enforcement Officer based upon the nature of the
violation) to correct the violation.
In the interest of promoting the public health, safety, and
welfare, and minimizing the burden on Township and community services
and impacts on residential neighborhoods posed by short-term rentals,
a violation of any of the provisions of this chapter is declared to
be a public nuisance.
A.
This chapter 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 chapter
shall, upon conviction in a summary proceeding, pay a fine of not
less than $600 nor more than $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by Shaler 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 Shaler Township are hereby authorized to seek equitable relief,
including injunction to enforce compliance with this chapter. All
fines, penalties, costs and reasonable attorney's fees collected
for the violation of this chapter shall be paid to Shaler Township
for its general use.
B.
In addition to, but not in limitation of, the provisions of the immediately preceding Subsection A and § 226-13, the Enforcement Officer may either revoke, or deny an application to renew, a short-term rental permit for two repeated violations of this chapter in any rolling twelve-calendar-month period. The revocation or denial to renew a short-term rental permit shall continue for one year for the first set of two repeated violations, and continue for two years for any subsequent sets of violations.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for a violation of this
chapter.
A.
Appeals of a determination of the Enforcement Officer under this
chapter to deny any application for, or to renew, a short-term rental
permit, or to revoke a short-term rental permit, shall be filed with
the Board of Commissioners within 30 days of the date of the denial
of application or revocation of permit. Appeal shall be processed
as follows:
(1)
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 Commissioners,
which may include notice and advertising costs, and necessary administrative
overhead in relation to the hearing.
(2)
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 Commissioners shall conduct hearings and make
decisions pursuant to the Act of December 2, 1968 (P.L. 1133, No.
353), known as the "Local Agency Law," and in accordance with the
following requirements:
(1)
Written notice shall be given to the appellant, the Enforcement 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 Commissioners, 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 Commissioners. The
decision or, where no decision is called for, the findings shall be
in writing by the Board of Commissioners 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 President or Acting Chairman of the Board or the designated hearing
officer presiding 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 Commissioners 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 Commissioners, 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.
If any section, provision, or portion of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this chapter so long as it remains legally enforceable
minus the invalid portion. The Township reserves the right to amend
this chapter or any portion thereof from time to time as it shall
deem advisable in the best interest of the promotion of the purposes
and intent of this chapter, and the effective administration thereof.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective immediately.
