1. Any person wishing to operate a short-term rental shall obtain a short-term rental permit from the Borough prior to operating any short-term rental. The short-term rental permit application form shall be established by the Borough Council and may be amended from time to time. If the Borough Council or its designee determines that the short-term rental permit application is administratively complete, the Borough Council or its designee will issue a conditional approval of the short-term rental permit application. After the applicant receives conditional approval, the applicant must notify the Borough that the desired unit(s) are ready for inspection. If, upon inspection, the Borough’s Code Enforcement Officer determines that the unit(s) are in compliance with the requirements of this Part 17, as well as the Dauphin Borough Rental Properties Maintenance and Housing Occupancy Ordinance, a final short-term rental permit shall be issued to the applicant.
2. Fees and Charges. All fees and charges for inspections of short-term rentals shall be assessed in accordance with the fees and charges of inspections assessed under the Dauphin Borough Rental Properties Maintenance and Housing Occupancy Ordinance.
3. Short-term rental permits shall only be valid for 2 years after the date of issuance. A permittee who wishes to continue operating a short-term rental shall apply for a new permit on or before the expiration date of the previous short-term rental permit. Applications for a new permit shall be reviewed in accordance with the procedures and requirements that are applicable at the time the person applies for a new permit. An inspection by the Borough will be required prior to a permit renewal, to ensure compliance with the provisions of this Part, which inspection is a condition precedent to the issuance of a new short-term rental permit.
4. Notwithstanding the issuance of a short-term rental permit by the Borough, private restrictions on the use of land/property shall remain enforceable as provided by law, and the Borough’s issuance of a short-term rental permit does not remove or supersede private restrictions in effect. No person shall make application for a short-term rental permit who knows, or has reason to know, that private restrictions prohibit the operation of a short-term rental. Private restrictions include, but are not limited to: rental contracts, deed restrictions, condominium master deed restrictions, neighborhood associations’ bylaws, and covenant deeds. A short-term rental permit issued to a person whose property is subject to private restrictions that prohibit the operation of short-term rentals is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
(Ord. 2023-02, 3/7/2023, §1)