BOROUGH OF OHIOPYLE FAYETTE COUNTY, PENNSYLVANIA ORDINANCE NO. 1 OF2024  AN ORDINANCE OF THE BOROUGH OF OHIOPYLE, FAYETTE COUNTY,  PENNSYLVANIA. REGARDING USE AND LICENSURE FOR SHORT-TERM RENTAL PROPERTIES  WHEREAS, the Borough of Ohiopyle is frequently visited by tourists as a place of attraction due to the Ohiopyle State Park and its designation as the top small town in northeastern  USA for 2024; and  WHEREAS, many oft the aforementioned tourists reside within the Borough overnight for WHEREAS, property owners have begun or would like to begin leasing their real property WHEREAS, the Council of the Borough of Ohiopyle believes it to be in the best interests oft the Borough, its residents therein and the public at large to enact an Ordinance outlining the  aperiod less than thirty (30) days; and  asas short-term rental for tourists who visit the Borough and the State Park; and  requirements necessary to operate a residential building as a short-term rental.  NOW THEREFORE, be it ordained and enacted by the Council of the Borough of  Ohiopyle, and it is hereby ordained and enacted as follows:  Section 1-1 Definitions:  The following words and phrases when used in this section shall, for the purposes oft this section, have the following respective meaning, except where the context clearly indicates a  different meaning.  a. DWELLING b. OPERATOR  Ahouse, apartment or other place of residence.  The title owner of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether int the capacity of owner or mortgagee inj possession ofa dwelling. The Operator may not be al lessee or sublessee ofthe owner.  PERSON IN CHARGE (PIC)  The managing agency, agent or local contact person that is located within 25 miles of each short-term rental property and available twenty-four (24) hours, seven (7)    days a week for response. The person in charge (PIC) must reside within twenty- five (25) miles ofthe short-term residential property. Ift the Operator does not elect to have a managing agency, agent or other third-party local contact person in the annual application for licensure, then the Operator shall be deemed tol be the person  inc charge (PIC) by default. d. SHORT-TERM RENTAL  The provision of a dwelling or room or space within a dwelling that is suitable or intended for occupancy for dwelling, sleeping or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for compensation for the  occupancy.  SHORT-TERM RENTAL LICENSE  The annual license/permit issued to persons engaged in short-term rental business.  Section 2-License Application:  a. Each Operator of a dwelling being used as a short-term rental must apply for a permit b. Permits that are granted shall expire on December 31S ofe each and may be renewed on The: annual fee for submitting a short-term rental license shall be $300.00 per dwelling and shall be submitted concurrently with the application. The Borough shall have the authority to modify the application fee from time to time as the Council sees fit, through the enactment ofa a simple resolution at: a public meeting oft the Borough Council. d. An application for a short-term rental license must contain the following information: i. The name, address, telephone number and email address oft the Operator. ii. The Operator's tax identification number or, ifas social security number, the last iii. The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person who is to be the short-term rental property's Person in Charge (PIC), in the event that the Operator elects not to be the Person in Charge (PIC). If the Operator does not have a third party deemed to be the Person in Charge (PIC), then the Operator shall provide a iv. The address, unit number and parcel identification number of the short-term V. A diagram or photograph of the premises, showing and indicating the number and location of designated on-site parking spaces, and documentation detailing the number and location ofavailable off-site parking spaces. vi. A floor plan oft the dwelling showing the number of bedrooms, points of entry  with the Borough Code Enforcement Officer. an annual basis upon payment of the annual license fee.  four digits only.  twenty-four-hour telephone number.  rental premises.  and exit, and locations of smoke alarms.    vii. The number of bedrooms within the dwelling that are to be rented as a short-  term rental use.  viii. Total square footage oft the short-term rental dwelling.  ix. The list ofr months and dates the Operator intends on using the short-term rental premises as a principal residence to include living in the dwelling. X. Acknowledgment that the Operator and Person in Charge (PIC) have read all regulations pertaining to the operation of the short-term rental. xi. Acknowledgement that the Operator and/or Person in Charge (PIC) will post xii.Certification that the dwelling is not subject to any outstanding Borough Code xiii. Confirmation of whether the Operator currently receives the homestead exclusion on real estate taxes for the short-term rental property. xiv. Confirmation that the Operator is aware the Borough of Ohiopyle will provide information submitted on this application to the relevant taxing XV. Confirmation that the short-term rental property is serviced by public water and xvi. Ad copy ofa current Fayette County Hotel Room Excise Tax Certificate and current Pennsylvania Sales Tax License, if such certificate and/or license are xvii. Any other reasonable information deemed necessary be the Code e. Attached to, and concurrent with submission of the application, the Operator shall provide proof of general liability insurance in the amount of$500,000.00 in minimum coverage and an insurance declaration that clearly indicates coverage specifically for rental or include written acknowledgment of same from the insurance provider. The applicant shall notify the Borough ofa any changes ini insurance policies for the property under a short-term rental license as soon as possible after such changes may occur. Each permit shall be renewed annually and at the time any of the conditions of the As separate short-term rental license shall be required for each individual short-term rental dwelling in which an Operator intends to conduct business ofas short-term rental. h. Each short-term rental license shall be issued only in the name oft the Operator of the  and maintain the short-term rental premises.  of State law violations.  authorities. public sewage.  required by the applicable regulations. Enforcement Officer.  rental which are governed by this Ordinance are changed.  short-term rental property.  Section 3-S Standards and Conditions:  a. Standards. AlI short-term rental licenses issued pursuant to this chapter are. subject to  the following standards:    The Operator shall limit overnight occupancy of the short-term rental to the specific number ofoccupants designated in the short-term rental license, which 1.Two (2) people per bedroom plus an additional two (2) people.  is determined as follows:  Number of Bedrooms 2 3 4 5 6  Maximum Occupants 6 8 10 12 14  b. No short-term rental license shalll bei issued foradwelling unless the Code Enforcement Officer of the Borough has conducted an internal and external inspection of the i. The dwelling and any common spaces in the dwelling meet health, fire, and ii. The dwelling meets any other requirements that the Code Enforcement Officer deems necessary to ensure the health and safety ofvisitors during the: short-term The Operator shall limit the number of all vehicles to the number of parking spaces All parking for overnight guests and day guests shall be designated in the short- term rental license and shall be located on the short-term rental property. This may include spaces in the property's garage which can accommodate vehicles but shall not include spaces in any private, community or public right-of-way. ii. Ar minimum of one parking space per bedroom shall be provided. iii. All parking spaces shall bei improved to ar mud-free condition with paving, stone iv. Ifthe short-term rental is accessed by al Borough or state road, all parking spaces shalll be accessed from the driveway serving the: short-term rental unless the unit  dwelling and determined that:  building code standards for the type ofdwelling; and  rental occupancy.  designated ini the short-term rental license.  or similar material.  iss served by a common parking area.  d. The Operator and/or Person in Charge (PIC) shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions oft this chapter or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are The Operator or Person in Charge (PIC) shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of this chapter or state law  violating laws regarding their occupancy.    pertaining to noise, or disorderly conduct, promptly use their best effort to prevent a The Operator and/or Person in Charge (PIC) shall post a copy oft the short-term rental license and a copy oft the conditions set forth in a conspicuous place within the short- - Only one open rental agreement per dwelling is permitted at a time for the purposes of h. The Operator and/or Person in Charge (PIC) must maintain a copy of all rental agreements for the dwelling being used for short-term rental occupancy for aj period of twenty-four (24) months and provide said agreements to the Borough or Code Each short-term rental shall have a clearly visible and legible notice conspicuously i. The name of the Operator or Person in Charge (PIC) of the unit, and the telephone number at which that party may be reached on a twenty-four-hour  recurrence of such conduct by those occupants or guests.  term rental.  short-term rental occupancy.  Enforcement Officer upon request.  posted within the unit, containing the following information:  basis.  ii. The 911 address ofthe property.  iii. The maximum number of occupants permitted to stay in the unit. iv. The maximum number ofall vehicles allowed to be parked on the property and the requirement that parking is not permitted in any public road right-of-way unless such designated right-of-way is not parking restricted. V. Notification that trash and refuse shall not be left or stored on the exterior of the property except in secure, water-tight metal or plastic cans or similar containers designed for such storage, with a limit oft three secured containers. vi.. Notification that an occupant may be cited and fined for creating a disturbance vii. Notification that failure to conform to thej parking and occupancy requirements of the structure is a violation oft this chapter subject to a citation and fines. Itshall be unlawful for any occupant or person to maliciously and willfully disturb the peace of any neighborhood, person, or family by loud or unusual noises or by tumultuous and offensive conduct, public indecency, threatening, traducing,  or for violating other provisions oft this chapter.  quarreling, challenging to fight, or fighting.  Section 4- Occupancy Requirements:  In order to be approved for leasing, a short-term rental property must comply with the  following:  a. Smoke detector in each bedroom; Smoke detector on each floor;  b. Smoke detector outside each bedroom in the common hallway;    d. GFI outlet required if outlet located within six feet of water source (all sinks, sump  pumps, etc.);  e. Aluminum or metal exhaust from dryer; . Carbon monoxide detector if garage is attached; Stairs (indoor and outdoor) in good condition;  Carbon monoxide detector if open flame (oil or gas) furnace or gas fireplace;  h. Fire extinguisher in kitchen; Covers on all outlets; and Council.  k. Any other occupancy requirements which may be added by resolution of Borough  Section 5-Transfer of Short-Term Rental License:  The Code Enforcement Officer may approve the transfer ofa a short-term rental license for adwelling from the prior owner ofa dwelling to the purchaser ofthe dwelling following a request from the purchaser to do sO, which request shall not be unreasonably denied. If the transfer is approved, the purchaser must register as required under the Ordinance herein, including all inspection requirements, but no additional registration fee is required until the expiration of the  license as granted to the previous owner.  Section 6-1 Enforcement, Violation and Penalty Procedures:  a. This ordinance may be enforced by the Borough Code Enforcement Office, or such other third party or individual appointed by the Borough Council through the enactment b. Upon the filing of a complaint that a person has engaged in a short-term rental in violation of the Ordinance herein, the Code Enforcement Officer or such other duly appointed third party or individual shall take all necessary steps to determine the Ifwhile investigating the short-term rental activity, the Code Enforcement Officer or such other duly appointed third party ori individual discovers suspected violation oft the fire, health, building, tax codes, zoning regulations, and/or other laws and regulations, the Code Enforcement Officer or such other duly appointed third party or individual shall report such suspected violation to the Council of the Borough, as well as the d. To determine if there isa a violation ofthis Ordinance, the Code Enforcement Officer or such other duly appointed third party or individual shall initiate an investigation oft the subject property and/or request any pertinent information from the Operator and/or Person in Charge (PIC), including records required by this sections, leases or other e. The Code Enforcement Officer's or such other duly appointed third party or individual's ability to assess penalties and fines for violations of this Ordinance are  ofas simple resolution at aj public meeting.  validity of the complaint.  applicable governmental agency.  documents.    separate and apart from any civil or criminal violations, penalties and fines that are able  tol be assessed by any other governmental agency/department.  - Other violations include the following:  - Occupancy Without a License. It is unlawful to rent, offer to rent, or advertise for rent a dwelling unit located on any property within the Borough as a short-term rental without a license authorizing such use that has been approved and issued in the manner required by this Ordinance. The Code Enforcement Officer or such other duly appointed third party or individual may waiver penalties if the failure to register was due to noi fault ofthe Operator. Until such time as the Operator pays the penalty and registers such) property, the Operator may not continue ii. Occupancy ofUninhabitable Space. Noj person shall occupy fors sleeping purposes, and no Operator or person in charge shall allow a person to occupy for sleeping purposes, the uninhabitable spaces ofa short-term rental. Each dayt that ay violation exists shallo constitute a separate offense.  to offer such property for short-term rental.  Penalty. The provisions oft this Ordinance are declared to be for the health, safety, and welfare of the citizens of the Borough, and any person violating any provision of the Ordinance shall, upon. conviction thereof before a Magisterial District Judge, be sentenced to pay a fine of not less than $300 nor more than $1,000 and costs of prosecution and, in default of payment of such fine and costs, such additional enforcement remedies as may be available at law including, but not limited to, injunctive reliefand contempt. Each day during which any violation ofs such provision  shall continue shall be deemed a separate offense.  Section 7- Severability:  Thej provisions of this Ordinance shall be severable and if any of its provisions are found tol be unconstitutional or illegal, the validity of any of the remaining provisions ofthis Ordinance  shall not be affected thereby. Section 8 - Repealer:  All ordinances or parts of ordinances in conflict herewith be and are hereby repealed, except any ordinance or parts of ordinances that authorize greater remedies than this Ordinance  are preserved. Section 9- Effective Date: Ohiopyle Borough.  This Ordinance shall be effective within five (5) days after adoption by the Council of    ORDAINED: AND ENACTED INTO LAW this  day of  2024.  ATTEST:  BOROUGH OF OHIOPYLE:  Zet K  MarkN McCarty, Mayor  Vice President  E  Pamela Kruse    LindaM  0  Sard Conn Sanalon