MapLink™ | Procedures | Short Term Rental (STR) Permits

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Short Term Rental (STR) Permits
Permit required; nontransferability
 
A. No owner of any property in Township of Tobyhanna shall operate a short-term rental in Tobyhanna Township without first obtaining a short-term rental permit from the Township. Operation of a short-term rental without such short-term rental permit is a violation of this chapter. If the ownership of the property 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 license under the provisions of this chapter prior to renting the property as a short-term rental.

B. The issuance of a short-term rental permit is not a warranty that the premises are lawful, safe, habitable, or in compliance with this chapter; nor are there any guarantees for the protection of the owner or STR owner's property.

Permit requirements
 
A. Short-term rental permit applications shall contain the following information:
(1) The address of the subject property intended for rental.
(2) The name, address, telephone number and email address of the owner.
(3) The name, address and twenty-four-hour telephone number of all person(s) in charge.
(4) Floor plan identifying rooms on all floors, specific location of bedrooms, and location of any pools labeled as either in-ground or aboveground.
(5) The total number of permitted bedrooms.
(6) If the building is a multiunit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
(7) A diagram or aerial photograph showing the location and number of on-site parking spaces that comply with the definitions contained within this chapter.
(8) If not on a central sewer system, a septic system evaluation certifying the existing system is functioning as intended and proof the tank was pumped within the past three years for approval by the Township.
(9) Copy of current Monroe County hotel room excise tax certificate or proof of same with tax identification numbers deleted.
(10) Copy of current Pennsylvania sales and use tax permit certificate or proof of same with tax identification numbers deleted.
(11) To the extent permitted by the STR platform, all STR owners are required to post the STR permit number in a designated field provided by the STR platform, and if no designated field for the permit number exists, then the permit number must appear within the property description.
(12) Copy of written notice to the homeowners' association (HOA), indicating the intent to make an application for and use the subject residential property for a short-term rental, when applicable.
(13) Signatures of the owner, STR operator and person(s) in charge if designated.
(14) Each owner shall maintain at least $500,000 in general liability insurance on the short-term rental for the full duration of their license term and provide proof of same to the Township.
(15) All short-term rental owners are strongly encouraged to maintain a noise-monitoring device as this technology creates verifiable records to collaborate nuisance complaints and improve enforcement abilities.
(16) All short-term rentals shall be equipped with the following:
(a) Smoke detector in each bedroom;
(b) Smoke detectors outside each bedroom in common hallways;
(c) Smoke detectors on each floor;
(d) GFI outlets for outlets located within six feet of water source;
(e) Aluminum or metal exhaust from dryer;
(f) Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or wood-burning stove;
(g) Carbon monoxide detector if garage is attached;
(h) Fire extinguisher in kitchen;
(i) Stairs (indoor and outdoor) in good condition;
(j) All windows shall be in good working order; and
(k) Fireplaces within the premises shall be cleaned every two years.
 
B. A short-term rental permit shall be issued only to the owner of the short-term rental property.

C. A separate short-term rental permit is required for each dwelling unit. With respect to two-family or multifamily dwellings, a separate permit shall be required for each dwelling unit being rented as a short-term rental.

D. Short-term rental permits are subject to renewal at the expiration of the annual term, provided all conditions of the initial application and all subsequent renewal application requirements, as set forth in this chapter, are met, or until any of the conditions of the short-term rental permit which are governed by this chapter are changed, whichever shall first occur. Short-term rental permits may be applied for up to 60 days before the start of the annual term expiration of a short-term rental permit.

E. The STR owner must communicate with the Township prior to any renovation being completed. This notification shall not be construed as approval through zoning, building, or any other department or agency.

F. The Township will prescribe forms and procedures for the processing of permit applications under this chapter.

G. Verification that the subject property has obtained a license from Monroe County and the Pennsylvania Department of Revenue to collect and remit sales taxes and confirmation from the taxing authority that all taxes remissions are current and up to date.

Fees; term and renewal

A. Short-term rental fees, payable to Township of Tobyhanna 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 Supervisors.

B. Any short-term rental permit is good for a period not to exceed one year on a rolling basis and must be renewed annually. Short-term rental permit renewal fees, payable to the Township of Tobyhanna 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 Supervisors.

C. STR permit renewal applications shall include any updated information regarding any improvements requiring STR permit modification from the immediately preceding application with respect to matters governed by this chapter.

Inspections required

A. All STRs shall be subject to oversight by the Township, and the owner must verify application information, permit, permit renewal and/or operating requirements.

B. Inspections may be conducted for ensuring compliance and enforcement with this chapter.

C. The issuance of an STR permit is not a guarantee that the premises is lawful, safe, habitable, or in compliance with this chapter.