TOWN OF BATH COUNCIL MEETING  May 7, 2024  1. Call to ORDER: @ 5:30pm by Mayor.  2. ROLL CALL: Scott Merki (X) Susan Webster (X) Elizabeth Skinner (X) Greg Schene (X) Rebecca MacLeod (X) Mary Lynn Hickey (X) Tom Hall (X) Quorum present. 3. REVIEW OF MINUTES: Minutes ofthe Regular Meeting of April 16, 2024 were 4. PERSONS BEFORE COUNCIL: Melissa Schod, representing the Community Garden, updated Council on operational progress of the group in regards to the Bath owned lot next to Town Hall. They will add a storage box to the property for tools. Schod expressed concern about the safety of the concrete steps that go down to Wilkes Street. This was Grant Chairwoman Hickey spoke for Ye Town of Bath Chapter of the Daughters ofthe American Revolution Regent Gail Potter to describe grants that she is applying for with respect to both the Olde English Cemetery and the Old German Cemetery. The Town is fortunate to have both the DAR and the Foxglove Garden Club who understand the 5. COMMUNICATION FROM MAYOR: The Mayor presented the communication (attached) received from Daryl Cowles, Legislative/Regional Representative of Governor Jim Justice, in regards to Council's concern about traffic issues in Bath between The Mayor along with Council had conveyed their apprehension surrounding the possible routing of traffic from completed areas oft the new Rt. 522 bypass directly into Town via Fairfax Street and Rt. 9 East. The WV DOH will direct large trucks to remain on old Rt. 522 during the remaining construction phase. Council directed a letter to be written to all of our State representatives inquiring about the traffic signage and future enforcement of  approved by Common Consent.  referred to the Public Works Committee.  historic significance of these sites and take on their betterment.  construction projects building the Rt. 522 bypass.  this important matter.  COMMITTEE AND BOARD REPORTS  1. BATHDEVELOPMENT AUTHORITY (BDA): The next meeting is June 5 at 4:30.- Assistant Clerk Farris attended the May 1 meeting to present her interest in BDA becoming involved in the ON Trac program. She recently attended a meeting on this program in Charles Town and is enthused about the assistance this organization can offer. BDA has met with their new website developer and are exploring new ideas. 2. PARKS & REC: The next meeting is May 9. No report at this time. 3. PLANNING COMMISSION: (PC): The next meeting is May, 13 at 9am. 4. RAIL/TRAIL (NBRT): The nextmeeting is May 29. Co-Chair Rebecca MacLeod described the Arbor Day event that was held on April 27. The event included the Parcel 1B landscaping project during which volunteers planted a Tiny Forest. This is the first of 5. STREETSCAPE: The next meeting is May 16. The committee is anticipating the  its kind in West Virginia.  1    upcoming bid opening for the next improvement phase.  6. TRAINI DEPOT: The next meeting is May 13 at the Depot at 4pm. The Committee is planning musical entertainment with Ross Martin at the Depot on the third weekends of May through September. The May shows are the 16th and 18th. The Finance Committee is proceeding with talks with Travel Berkeley Springs concerning future occupation oft the Depot by this organization. 7. LANDMARK COMMISSION (HLC): No report at this time.  8. CLERK/RECORDER REPORT: The Town Office has received a Notice ofBuilding or Real Property Improvement (attached) which will be administered appropriately. The Finance Committee approved for recommendation to Council four (4) applications for Bath facilities Use. All were advised that any participating vendors must have Bath  business licenses. The applications were as follows:  A. Berkeley Springs Pride is having their Pride Picnic in the Park on June 22 (attached). They were advised that all vendors must be parked on S. MOTION: To approve the facilities use application of Berkeley Springs B. Bringing in the May' applied for four food truck vendors on S. Washington St. for their event on May 18-19 in the BSSP (attached). MOTION: To approve the Bringing in the May' event as presented C.S St. Vincent de Paul Knights of Columbus requested the parking spaçes on the north side of east Liberty Street for their Flea Market on May 11 (attached). MOTION: To approve the request ofthe Knights of Columbus as presented- D.I Block Party at the Dave Henry Memorial Park on Biser on May 19 (attached) to celebrate the work on the volley ball court by Dave O'Connell. Since there is no Town property to be used Council expressed appreciation for the work  Washington St.  Pride- Webster/Hickey- Carried  HirckyMacleod-Caried  Webster/Hall- Carried  accomplished.  9. FINANCE: Chairwoman Webster presented the Town Hall in-house budget revision as prepared by Clerk Corrick and recommended for passage by Council from the Finance MOTION: To approve the 2024 Town Hall in-house budget revision as presented- Chairwoman Webster presented a revision to the 2024 Levy Estimate to be submitted to. MOTION: To approve Resolution 2024-05-01 ordering the 2024 Levy Estimate revision  Committee.  Webster/Hall- Carried  the WV Auditor's Office (attached).  as presented (attached)- Webster/Skinner- Carried unanimously Chairwoman Webster delivered the following bills for approval:  (a) Town of Bath $9,389.31- Motion to approve: Webster/Hickey- (b). BSWW $16,961.36- Motion to approve: Webster/Skinner- Carried (c) Greenway Cemetery $7,200.00- Motion to approve: Webster/Skinner-  Carried Carried  2    (d) NBRT $6,500.00- Motion to approve: Webster/MacLeod- Carried (e) BSWW R&R $4,813.00-Motion to approve-Webster/Hal- Carried (f) BSWW 522 Extension Project $174,400.00: Motion to approve  Webster/Hall- Carried  Ini regards to the payment oft the BSWW 522 Extension Project billing of $174,400.00 the MOTION: To remove this billing for payment to the Morgan County Commission- MOTION: To approve BSWW Rt. 522 Resolution #1 ofthe Town ofBath Water Committee (attached) approving invoices relating to construction and other services for the sewer extension project and authorizing payment of$174,659.20 - Hall/Hickey- 10. TREE BOARD: Member Kate Lehman told Council that this board will be removing dangerous branches from the tree on Wilkes Street at the De Souza house. 11.GRANT: The next meeting is May 13. Chairwoman Hickey informed Council that her work with the WV Grant Resource Center for COPS/JAG funding will be submitted by June 6. She is working with the DAR and Foxglove for historic cemetery grants. Other grants for a Greenway arboretum, Streetscape lighting and more are in the works. 12.PUBLIC SAFETY: The: next meeting is May 8. With ongoing Ordinance Committee work the BSPD will be responsible for the collection of festival fees and vendor license 13.CEMETERY: The next meeting is May 28. Chairwoman Skinner informed all that the 14.PUBLIC WORKS: Next meeting is May 7. Chairwoman MacLeod reported that the curbs have been marked and are: ready for painting. The street sweeping is complete. Weekly safety 15.ORDINANCE: The next meeting is May 9. Chairman Schene presented Ordinance 2024-04-01 MOTION: To approve for First Reading 2024-04-01 (attached)- Hickey/Hall- Carried Chairman Schene presented Ordinance 2024-03-08 (attached) relating to Short Term Rentals MOTION: To approve for First Reading Ordinance 2024-03-08- Webster/Hicky-Camed 16.BSWW: The next meeting is May 15. Chairman Hall reported that the raw water pumps have been repaired and more information is needed for the high service pump repair. The BSSP will be cleaning out the spring channel and replacing the sand with local clean silica. The US AID conference will have a tour of the BSWW operation and Bath environmental projects on May  following further actions were taken: Hall/MacLeod- Carried  Carried  fees.  mausoleum repair work is to begin. Mowing has started in Greenway.  checks on equipment have been established. relating to Festival Fees for consideration. for consideration and discussion.  8. The BSWW Ford Escape is currently in disrepair. 17.MOTION TO ADJOURN: Approved by Common Consent.  Attest:  Mayor atrme  Recorder Sea!l lulw  3    Sharon Corrick rom: Sent: To: Subject: Hello all:  Cowles, Daryl E dayle.cowesewwgov, Friday, April 26, 2024 10:16A AM Miller; Mary Lynn Hickey; Daryl Cowles US522 bypass trucks  Susan Webster; Greg Schene; Merki, Scott; Sharron Corrick; Bill Clark; Sean Forney; Joel Tuttle; Charles Trump; Charles Trump ChaneslrumperrumpAndtrump.com, George  Asy you know, the US522 Bypass project is two different construction projects : 3 miles constructed in part one; then 1  mile and the Fairview Connector constructed inp part two.  Part one of the US522 Bypass is nearing completion while the other is just beginning. completion, Isent the request to Charleston for the DOH engineers to answer. The answer: trucks will be directed to stay on the Old US522 until the full bypass is completed.  Inr response to several questions about truck traffic during the time BETWEEN the part one completion and full bypass  Here was the reply: Foster, Jason C to me  Hello Daryl,  7:2:  Ihave gotten a response to your question.  Essentially, trucks will be signed to stay on 522 until the northern connector is complete. The interchange at WV Route 9 is where the remaining traffic will be signed back to 522.  Please let me knowi ify you need additional information.  Thanks, Daryl   Daryl E. Cowles Legislative/Regional Representative Office of Governor Jim Justice State Capitol 1900 Kanawha Boulevard, E. Charleston, WV: 25305 304-558-2000 (office) 304-342-7025 (fax) Governor.wv.gov  1    RESOLUTION 2024-05-01  At a regular session of the municipal council, held May 07, SUBJECT: The revision of the Levy Estimate (Budget) of the RESOLVED: That subject to approval of the State Auditor as ex officio chief inspector of public offices the municipal council does hereby direct the budget be revised PRIOR TO THE EXPENDITURE OR OBLIGATION OF FUNDS FOR WHICH NO APPROPRIATION OR INSUFFICIENT APPROPRIATION CURRENTLY EXISTS, as shown on budget revision number 3 for fund 1 a copy of which is entered as part of this record.  2024, the following order was made and entered:  Town of Bath. The following resolution was offered:  The adoption of the foregoing resolution having been moved by  and duly seconded by  the vote thereon was as follows:  Scott Merki Susan Webster  Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No  Elizabeth Skinner Yes or No  Mary Lynn Hickey Rebecca MacLeod Greg Schene Tom Hall  WHEREUPON, The Town of Bath, declared said resolution duly adopted, and it is therefore ADJUDGED and ORDERED that said resolution be, and the same is, hereby adopted as so stated above, and the Town Clerk Sharron Corrick is authorized to fix his signature on the attached "Request for Revision to Approved  Budget" to be sent to the State Auditor for approval.    LGSDI BR (Ver. 2020) Ora Ash, Deputy State Auditor West Virginia State Auditor's Office 200 West Main! Street Clarksburg, WV 26301 Phone: 627-2415ext. 5114 Fax: 304-340-5090 Email: igs@wvsao.gov Person To Contact Regarding Request: Name: Sharron Corrick Phone: 304-258-1102 Fax: 304-258-3638 Email: lownotbatlh@wydsinet REVENUES: (net each acct.) ACCOUNT NUMBER 305 308 320 399 321  REQUEST FOR REVISION TO APPROVED BUDGET Subject to approval of the state auditor, the goveming body requests for which no appropriation ori insufficient: appropriation currently exists.  CONTROLI NUMBER Fund: RevisionN Number: Pages:  that the budget ber revised priort tot the expenditure or obligation off funds Fiscal) Ending: Year 2024  1 3 2  (S1 11-8-26a)  Town of Bath GOVERNMENT ENTITY 271 Wilkes Street STREET ORPOBOX Berkeley Springs CITY  Municipality Government Type  WV25411 ZIP CODE  ACCOUNT DESCRIPTION Business and Occupation Tax Hotel Occupancy Tax Fines, Fees & Court Costs Miscellaneous Revenues Parking' Violation  PREVIOUSLY  REVISED AMOUNT 66,000 45,000 123,200 8,000 29,500 20,000  APPROVED AMOUNT (INCREASE)  (DECREASE)  61,000 32,600 93,200 30,000 4,500 15,000  5,000 12,400 30,000 25,000 5,000 85,920]  306 Wine & Liquor Tax  22,000  NET NCREASE/DECREASE) Revenues (ALL PAGES) EXPENDITURES: (net each account category)  Explanation for Account #: 378, Municipal Specific: Explanation for Account # 369, Contributions from Other Funds:  (WVCODE 7-1-9) REVISED AMOUNT 61,600 44,000 126,744 131,644 216,597 39,948 22,500  ACCOUNT ACCOUNT NUMBER DESCRIPTION 902 Travel Council 900 Parks & Recreation 440 City Hall 750 Streets and Highways 800 Garbage Department 914 Rails to7 Trails 751 Street Lights 752 Signs and Signals #N/A #N/A  PREVIOUSLY  APPROVED AMOUNT (INCREASE)  (DECREASE)  46,600 29,000 122,724 127,692 206,597 2,000 17,500 5,000  15,000 15,000 4,020 3,952 10,000 37,948 5,000  5,000  NETI NCREASE/DECREASE)Expendnures APPROVED BY THE STATE AUDITOR  85,920  7/25/2023 APPROVAL DATE  BY:  AUTHORIZED: SIGNATURE OF ENTITY  Deputy State Auditor, Local Government Services Division Date    REVENUES (CONT) LGSD:BR Town ofE Bath BUDGET REVISIONF REQUESISUPPAEMENT ACCOUNT NUMBER 325 Licenses 328 Franchise Fees IRP Fees (Interstate 330 Registration Plan) 351 Police Protection! Fees 355 Street Fees 367 Other Grants ContibutionsTranster from 368 Other Entities 380 Interest Eamed onl Investments 381 Reimbursements 389 Accident Reports #N/A #N/A #N/A #N/A #N/A #N/A #N/A #N/A HN/A #N/A #N/A #N/A #N/A  Town of Bath CONTROL NUMBER:. PREVIOUSLY APPROVED AMOUNT  2024 FY INCREASE  FUND DECREASE  REV# REVISED AMOUNT 11,100 11,000 15,500 26,800 31,500 46,000 24,600 10,700 4,500 120  ACCOUNT CATEGORY  10,900 13,000 13,000 24,000 30,000 10,000 45,600 700 4,000 100  200 2,500 2,800 1,500 36,000 10,000 500 20  2,000  21,000  NETIN MCRLASEPECHEAPHN (THIS PAGE)  30,520]  Explanation for Account # 378, Municipal Specific: Explanation for Account #369, Contributions from Other Funds:    LGR 12:75 Rev.: 2002  NOTICE OF BUILDING OR REAL PROPERTY IMPROVEMENT  TO THE ASSESSOR OF MORGAN  COUNTY:  Any person, corporation. association or other owncr of'rcal property, subjcct tot thc payment ofp propcrly tax, who shall creci any building ors structurc, or who shall add to, enlarge. movc, alter, convert, extend, raze or demolish any building or structure, whercby thc valuc of the rcal property shall bei improved more than $I,000 must notify the assessor on Form 12:75 within sixty days from the date thc work is commenced. ifa report ist made! by or on behalfofa any minc, mill, factory, or other industrial cstablishment andi filcd with the asscssor on or before Junc fifcen which discloscs with certainty any construction, or improvement made during the previous twclve months, the owner shall be dccmed in compliancc with notice requirements. Ifal building permit has been oblained, this shall bc sufficient notice, Any pcrson in violation ofp provisions of West Virginia Code 5 11-3-3a, shall bc guilty ofa misdemcanor, and, upon conviction thercof,  shall be: subjcct toaf finc.  Scc Chapter I, Article 3, Scction 3a ofthe West Virginia Codc for additional information.  Name of Owner or Owners JORDAN CANNON $ SOREN bobGE  Location (Address) of Improvement 6 DAWSON ST BERKELSY SPRINGFWU 2541  Taxing District 03 Land Book Description have, or has been (Altered) Improvements were commenced  (Erected) FENCE (wooh)  and that said improvements have increased the value oft the property in excess of$1,000.00 Completion date or anticipated completion date 06/67-06/28/1021 Month/Day/Year),  NA  (Month/Day/Year),  Approximate increase in value $11,650  Use of Building T6NCE  Remarks:  Address of Owner or Owners 6 DAWSON Sr BERKELEY SPRINGS_WV 2544  Phone No. 240-329-6286 /240-645-5676  Notice Filed By  Date  oulu/zozs Month/Day/Year  fhbla Signature  NOTICE TO BE FILED WITH. ASSESSOR WITHIN SIXTY (60) DAYS. AFTER COMMENCEMENT OF IMPROVEMENTSTO REALI PROPERTY WHICH WILL INCREASE' THE VALUEI IN EXCESS OF$1,000  BELOWTHISLINEI FOR ASSESSORSUSEONLY  Map No. Parcel No.  Received    AA $  $ 24 $A $ $ $ $ $A $A  $ $A $A $ $ I$A $ A $ $ $        $A $A    a103A 39 SPTVGA PEI EMSMLOA-ON  MOITADIEP  1o3n0 5 (tho buBvein sn 73413 1sdi bswl ariciswonn al bnatobnt 42 ssesphow 9d h loluata 55 ien bnchnsbas Hannoli - yonyaliplamos Ee emievote Dvilg 703 singnasil Inaryolgnts hounitooo ymi I0 nabionose ojmaidias 50 Bw asyuis,mu buls ydypiogs ainp lou nolsloivs  oighims)  $  $        Town of Bath  Application for Use ofTown Property  Date Application  Submitted: 05/2/2024  A. Requesting Group or Organization B. Name of Responsible Person_  Ah  Berklg Scott  T  C.  Address /0 South Whthinptw St  681-26/-746  D. Telephone Number E. Property F. Purpose  Aian! dat Fok  Requested Pankini SpIce ofUse_ Aids AcNsiN Park  G. Will Admission be Charged or Product Sold? NO Enby H. Date/s_ June 23,2034 (sotude)  EIE  I.  Beginning and Ending Time/s  Submit' To Town Council  Application is:  Approved Denied  Approved Subject to Following 1) Usage Fee Required 2). Proofo of Insurance on File  Signature ofApproval  Date    Town of Bath  Application for Use ofTown Property  Neighbors on  Biserst.  Date Application Submitted: Mdy 2nd Villey Ball  A. Requesting Group or Organization Frinds 9 NEEZ Court B. Name of Responsible Person_ David OCoael  C. Address 146 D. Telephone Number  Merlasbuss Rcl 304 886-7275  David  Momarial Ak  E. Property Requested AKEA92 OuecFloe  F. Purpose ofUse_ B/ock Pork G. Will Admission be Charged or Product Sold? Ma  H. Date/s I.  Moy 1914  Beginning and Ending Time/s 3PM 7o Snseth  Submit To Town Council  Application is:  Approved Denied  Approved Subject to Following 1) Usage Fee Required 2). ProofofInsurance on File  SignatureofApproval  Date    Town of) Bath  Application for Use ofTown Property Date Application Submitted: 4/22/2034  A. B.  Requesting Group or Organization S7 Vincestoelol  knighis of Colombos  Name of Responsible Person_ Pat C. Address G7Liberky S7  pavid foatin  3043 259-131/ Churcy  D. Telephone Number 410 456-9932 Marengo  E. F.  Property Requested Liberly S7 Spaces Purpose of Use_ Fled Macket  the drs  G. Will Admission be Charged or Product Sold? TobHes 910  H. Date/s I.  May 1/  (Salerday)  Beginning and Ending Time/s  9-3  Submit To Town Council  Application is:  Approved Denied  Approved Subject to Following 1) Usage Fee Required 2). ProofofInsurance on File  Signature ofApproval  Date    Town of Bath  Application for Use ofTown Property  Date Application Submitted: Apal22,2029  /1  A. Requesting Group or Organization Bhyyh YWMAy B. Name of Responsible Person CMdy Rvifcen  C. Address 137 Paspeet fealz Lone B,5,2541  D. Telephone Number 301-299-5495 E. Property Requested FaMfayst nexl fo perke Purpose ofUse_ Park Food Tvocks Eoxy  (Vmenees)  fshual  G. Will Admission be Charged or Product Sold2pvorlni sold  H. Date/s_ May/9-19 202 Y  Beginning and Ending Time/s  2-5  Setup a1 1717  Clase mébrs 9m7  Submit' To Town Council  Application is:  Approved Denied  Approved Subject to Following 1) Usage Fee Required 2). Proof of Insurance on File  SignatureofApproval  Date    TOWN OF BATH ORDINANCE 2024-04-01  AMENDING IN PART TOWN OF BATH MUNICIPAL CODE, CHAPTER 18, BUSINESSES AND BUSINESS REGULATIONS, SEC. 18-58. FESTIVAL  LICENSE  1. SEC.18-58 FESTIVALMUNICIPAL FEE:  a. Any organization or individual staging a multi-day event selling food and/or merchandise within the Town of Bath corporate limits shall require council approval and shall be assessed a per-event Festival Municipal Fee of$35.00 (thirty-five dollars) for each participating vendor across any and all sales categories including but not limited to general merchandise, hand- crafted items, food, and non-alcoholic beverages within the agreed-upon b. Such fee includes per-event festival vendor license and Town ofBath Municipal Fee, payable by each participating vendor to the Town ofl Bath within seven (7) business days of the scheduled start date ofthe event. C. Those vendors operating outside ofthe event boundaries, but within the Town corporate limits, shall be assessed a per-event Festival Municipal Fee of$35.00 (thirty-five dollars) for any and all sales categories including but not limited to general merchandise, hand-crafted items, food and beverages except those excluded in this ordinance. This license is obtainable from the town hall prior to the event. Private sellers ofsecond-hand, used and yard sale merchandise are excluded from this fee. Violators ofthis section will be subject to a penalty ofa $100.00 fine or immediate expulsion. d. Those merchants holding valid yearly business licenses from the town, and conducting routine business at their permanent business locations during any such event, shall be exempt from any additional licensing or fees payable to the town, whether inside or outside of the event boundaries. e. Sellers of alcoholic beverages must obtain a License Certificate directly from the ABC Board. The License Certificate must be prominently displayed where it can be readily seen by authorities and customers.  boundaries ofthe event.  (Ord. of12-15-1997)    2. CONFLICTING ORDINANCES:  a. All other ordinances and parts ofordinances, or amendments thereto, oft the Town ofl Bath in conflict with the provisions ofthis ordinance  are hereby repealed.  3. REVIEW BYTOWN COUNCIL:  a. All fees are subject to review and change as determined by the Town  ofBath, Town Council.  FIRST READING: Moy 1,2094  SECOND: READING: ADOPTED: MAYOR: RECORDER:  July Isk  DATE: DATE:    TOWN OF BATH ORDINANCE 2024-03-8  ADDING TO CHAPTER 18. BUSINESSES AND BUSINESS  REGULATIONS.  ARTICLE V. BED AND BREAKFAST FACILITIES, AIRBNB AND  OTHER SHORT-TERM RENTAL FACILITIES.  Sec. 18-132. Purpose  The purpose of the regulations set forth in this ordinance is to provide a procedure to allow the rental of private residences to visitors on a short-term basis, while ensuring that such rental use does not create adverse impacts to residential neighborhoods due to excessive traffic, noise, and density. Additionally, this section is intended to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure to cause health and safety concerns, and that minimum health and safety standards are maintained in such  units to protect visitors from unsafe or unsanitary conditions.  Sec. 18-133. Definitions  As used in this article the following words, terms and phrases, shall have the meanings ascribed to them in this article, except where the context clearly indicates "Bed and breakfast facility" includes a bed and breakfast homestay establishment "Bed and breakfast homestay establishment" shall mean a residential or commercial property where short-term lodging is provided that contains no more than five guest rooms and where breakfast service may be provided to overnight guests only. The property may be rented out to multiple short-term lodging groups "Bed and breakfast inn" shall mean a resident managed residential or commercial property where short-term lodging is provided that contains no more than fifteen guest rooms and where breakfast service may be provided to overnight guests only. The property may be rented out to multiple short-term lodging groups at a time.  a different meaning: or bed and breakfast inn.  at a time.    "Group" shall mean a unit of person(s) that are together under a single reservation. Licensee shall mean a person issued a bed and breakfast facility or short-term "Designated operator" shall mean the operator of a bed and breakfast facility or short-term rental facility who will be available in-person or by phone at all times "Short-term rental" shall mean a residential dwelling unit(s) that is rented out for compensation on a temporary basis for a period ofless than thirty consecutive "Short-term rental facility" includes a short-term rental type I, short term rental  rental facility license.  the rental is in use.  days.  type II, or short-term rental type III.  "Short-term rental type I" shall mean an owner-occupied residential property where short-term lodging is provided to only one group at a time per dwelling unit. Nonconforming single-family residential properties that contain more than one dwelling unit shall rent to only one group at a time. The owner must reside in the primary structure on the property and be present at the property for the duration of "Short-term rental type II" shall mean a single family or duplex residential property where short-term lodging is provided to only one group at a time per dwelling unit. Nonconforming single-family residential properties that contain more than one dwelling unit shall rent to only one group at a time. The property is not part ofa multi-family residential use. The owner does not reside on the property or is not present at the property for the duration of any short-term rental. "Short-term rental type III" shall mean a residential property or multi-use commercial property where short-term lodging is provided to only one group at a time per dwelling unit. The owner does not reside on the property or is not present Sec. 18-134. Bed and breakfast facility or short-term rental facility license It shall be unlawful to operate a bed and breakfast facility or a short-term rental  any short-term rental.  at the property for the duration of any short-term rental.  required. facility:  1. Without a bed and breakfast facility or short-term rental facility license;  or    2. In violation ofany provision of a bed and breakfast facility or short-term rental facility license, this article, or any other applicable Town ordinance  or other law.  Sec. 18-135. License application and review.  A. To obtain a license for a bed and breakfast facility or a short-term rental facility, a person must submit an application on a form provided for that purpose to the Town. The application must contain the following: 1. The name, street address, mailing address, email address, and telephone number ofthe applicant, the owner, and the designated operator ofthe bed and breakfast facility or short-term rental facility. The applicant must assign a "designated operator" who shall be available at all times the 2. Ifthe applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the names ofall partners, directors, members, and officers, as applicable, of the applicant and the  rental is in use.  owner  3. A scaled site plan that shall include property lines, existing structures, proposed signage, proposed and existing site improvements such as  parking, fences, landscaping, etc.  4. An non-refundable license fee for the amount established.  5. Proof that the applicant has no delinquent hotel motel occupancy taxes  due on the property.  Sec. 18-136. Length of license; renewal.  A. A bed and breakfast facility license or short-term rental facility license shall be valid for a period of one year from the date ofissuance and may be renewed by applying in accordance with section 18-155.  B. Bed and breakfast facilities or short-term rental facilities as of. July 1,2024 are required to obtain a license under the provisions ofthis article.    Sec. 18-137. Fees.  An annual license fee oftwo hundred dollars ($200.00) will be charged at time of issuing the license and at the time ofr renewal. The town council shall set the fees Sec. 18-138. Operation of a bed and breakfast facility or short-term rental  for the license and renewal.  facility.  A. The licensee shall comply with the noise requirements set forth in Chapter B. The licensee shall comply with all rules and standards necessary for the safeguarding oflife and property as set forth in the West Virginia State Building Code (WVSBC). This includes, but is not limited to, operating smoke detectors, at least one operable egress window per bedroom, an evacuation plan posted conspicuously in each sleeping area, repair ofa any exposed wiring, water heater inspection, required safety measures for pools C.F Functions such as meetings, receptions, weddings and other social events provided for compensation or held by guests are: not permitted as part of the bed and breakfast facility or short-term rental facility unless an events permit D. The designated operator shall be available at all times the property is being rented. Contact information will be furnished to owners ofreal property within two hundred feet oft the bed and breakfast facility or short-term rental facility by the Town. Also, a sign must be posted conspicuously in the common area ofeach unit and will contain the following information: 1. The name and contact information oft the owner and/or designated 2. The license number of the bed and breakfast facility or short-term 3. The occupancy limits and requirements set forth in the license.  50ofthis code.  (ifapplicable), and exterior stairwells (ifapplicable).  has been issued by the Town.  operator;  rental facility; and    E. The license number shall be included on the business website and primary booking engine for the bed and breakfast facility or short-term rental facility. Sec. 18-139. Additional requirements and restrictions for bed and breakfast  facilities or short-term rental facilities.  A. Parking. Operator must provide parking information for guests taking into consideration the availability ofboth paid and unpaid parking as well as weekend parking, reserved on-site parking (ifapplicable) and permitted use  ofp private and public lots.  B. Signs. The size oft the sign shall not exceed six square feet in area. The maximum height shall be 3 feet. The front yard setback shall be three feet  from the property line. adjacent properties.  C.L Lighting. All lighting must be directed toward the establishment and not at D. Occupancy. The maximum number ofa adults allowed to reside in any bed and breakfast facility or short-term rental facility is two adults per bedroom  plus two additional adults per rental unit.  Sec. 18-140. Revocation, suspension or denial of a license.  The designated Town code enforcement officer or Chiefofthe police department mayi immediately revoke or suspend the license, or deny either the issuance or  renewal thereof, ifiti is found that:  1. The licensee, designated operator, or guest has violated or failed to meet any of the provisions ofthis article or conditions of the license; 2. The licensee, designated operator, or guest has violated any federal, state, or city law, or regulation pertaining to the use of the property as a bed and breakfast facility or short-term rental facility; 3. The Chief ofthe police department or the Chief of the fire department has determined that the bed and breakfast facility or short-term rental facility would pose a serious threat to public health, safety, or welfare;  or    4. The applicant has made a false statement of material fact on an application for a bed and breakfast facility license or short-term rental  facility license.  Sec. 18-141.N Notice to applicantlicensee; appeals.  A. Upon denial, suspension or revocation, the code enforcement officer or Chief ofthe police department shall notify the applicant or licensee in writing either in person or by certified mail to the address listed on the application ofthe action taken and the reasons therefore. A person may appeal a decision to deny, revoke, or suspend a license to the town council. Appeals shall be submitted to the city in writing within thirty days following the date the applicant or licensee receives the decision. A hearing on the denial, suspension, or revocation will be scheduled for the next regular meeting of the town council that is more than six days away. The council will render a decision on the appeal within ten days oft the hearing. A licensee shall not operate a bed and breakfast facility or short-term rental  facility during the appeal process.  B. At the appeal hearing on a denial of an initial license application, the appealing party must present evidence clearly indicating that the city was incorrect in determining that the stated grounds for the license denial  existed.  C.Atth the appeal hearing on a license suspension, revocation, or refusal to renew, the procedures shall not require compliance with strict rules or evidence but shall mandate that only relevant information be received.  Sec. 18-142. Severability and general provisions.  A. That all ordinances or parts of ordinances in conflict with the provisions of  this article are hereby repealed.  B. That the terms and provisions of this ordinance shall be deemed to be severable and that if any section, subsection, sentence, clause, or phrase of this article shall be declared to be invalid or unconstitutional, the same shall not affect the validity of any other section, subsection, sentence, clause, or phrase oft this ordinance and the remainder of such ordinance shall continue in full force and effect the same as ifs such invalid or unconstitutional  provision had never been a part hereof.    C. That a violation of the provisions hereof shall be a misdemeanor and the penalty for violating this ordinance shall be a fine not to exceed two hundred fifty dollars ($250.00) and each day a violation exists shall constitute a separate offense and fine oftwenty-five dollars ($25.00).  FIRST "READING: Moy 10 2024  SECOND READING: ADOPTED: MAYOR: RECORDER:  July IS-  DATE: DATE: