Polk Township, Pennsylvania Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Polk Township, Pennsylvania?

Polk Township, located in Monroe County, Pennsylvania, has implemented specific regulations for short-term rentals (STRs) to balance property owners' rights with community welfare. These rules are designed to ensure safety, maintain neighborhood harmony, and regulate the growing trend of vacation rentals. Below is a comprehensive guide to starting and managing a short-term rental in Polk Township.

Starting a Short-Term Rental Business in Polk Township

Understanding Zoning Restrictions

Polk Township has strict zoning laws that dictate where short-term rentals are permitted. STRs are prohibited in R-1 residential zones, as outlined in the township's zoning ordinance. However, they are allowed in other zoning districts, provided the property meets specific criteria. For example:

• The property must consist of at least one contiguous acre.
• Multi-unit structures must adhere to zoning and building codes, including limits on the number of bedrooms used for rentals.

Obtaining a Permit

Operating a short-term rental without a permit is illegal in Polk Township. Here’s what you need to know about the permitting process:

1. Application Requirements: Applicants must provide detailed information, including the owner's contact details, floor plans of the rental unit, and proof of compliance with building codes.
2. Fees: The initial permit application costs $300, with an annual renewal fee of $150.
3. Inspections: Properties are subject to inspections by the township's Codes Officer to ensure compliance with safety and zoning regulations.

Compliance with Safety Standards

To protect guests and maintain safety standards, Polk Township requires all STR properties to have:

1. Smoke detectors in every bedroom and common areas.
2. Carbon monoxide detectors if applicable (e.g., properties with attached garages or gas appliances).
3. Fire extinguishers in kitchens.
4. Proper handrails on stairs and egress directly to the exterior for basements.

Occupancy Limits

1. The township enforces strict occupancy limits:
2. Overnight occupancy is capped at two persons per bedroom.
3. Day guests cannot exceed 75% of the maximum overnight occupancy.

Additionally, properties must comply with sewage system capacity limits. For example, septic systems must be inspected and approved if accommodating more than three bedrooms.

For further insights or updates on regulations, consult local government resources or forums like BiggerPockets and Reddit, where real estate professionals share their experiences navigating these rules.

Short-Term Rental Licensing Requirements in Polk Township

Polk Township has implemented specific licensing requirements for short-term rentals (STRs) to ensure proper regulation and community harmony. Here's a comprehensive list of the requirements based on the official township ordinances:

Complete Application: Submit a detailed short-term rental permit application including:

1. Owner's name, address, telephone number, and email address
2. Name, address, and 24-hour telephone number of the local contact person or agent
3. Floor plans of the rental unit, including total habitable floor space and number of bedrooms
4. For multi-unit structures, provide the total number of units and how many are used as STRs
5. Building Code application: Apply to the Polk Township Building Official for necessary permits2

Zoning Compliance: Ensure the property is not located in an R-1 Zone, as STRs are prohibited in these areas. The property must be in a zone that allows short-term rentals.2

Septic System Approval:

1. Provide a sewage permit for the property
2. If advertising more than five bedrooms, submit proof that the septic system can handle the additional flow
3. For properties without a sewage permit on record, rentals are limited to three bedrooms unless approved by the Sewage Enforcement Officer

Fees:

1. Initial permit application fee: $300
2. Annual renewal fee: $150
3. Fees are payable to Polk Township upon filing the application or renewal

Insurance: Maintain at least $500,000 in liability insurance for the duration of the license term and provide proof to Polk Township

Property Ownership: Submit a copy of the current recorded deed for the property to establish ownership

Inspection: Allow access to the Codes Officer for inspection to verify compliance with the ordinance

Occupancy Limits:

1. Overnight occupancy limited to no more than two persons per bedroom
2. Day guests limited to 75% of the maximum overnight occupancy

Advertising Compliance: Ensure all advertising for the STR complies with the maximum occupancy permitted under the ordinance

Submission Process:

Submit the completed application form and all required documentation to the Polk Township office. The township will prescribe specific forms and procedures for permit processing.

Processing Time:

While the exact processing time is not specified, applicants can expect to receive a written notice if there are any violations or issues with their application. The notice will identify the premises, enumerate any violations, cite specific sections of the ordinance that are violated, and provide a timeframe for correction.

Penalties for Non-Compliance:

Operating an STR without a license or violating the ordinance can result in significant penalties:

1. Fines ranging from $100 to $1,000 per violation
2. Potential imprisonment to the extent allowed by law for summary offenses
3. Payment of all court costs and reasonable attorney's fees incurred by Polk Township in enforcement proceedings
4. Each day a violation continues may be considered a separate violation

Additionally, the Codes Officer has the authority to revoke or deny renewal of an STR permit for three uncured or repeated violations in any rolling twelve-month period. The revocation or denial to renew can last for six months for the first set of three violations and up to one year for subsequent sets of violations.

By adhering to these licensing requirements and maintaining compliance, STR operators in Polk Township can ensure they are operating legally and contributing positively to the community.

Required Documents for Polk Township Short-Term Rentals

To operate a short-term rental in Polk Township, Pennsylvania, property owners must submit several documents as part of their permit application. Here's a list of the required documents along with explanations of their purpose and where to obtain them:

1. Floor Plan: A detailed layout of all levels of the rental property, including room dimensions and locations of safety equipment. This can be hand-drawn if neat and accurate, or requested from township files if available. Submit in PDF format if possible.
2. Site Plan: A diagram showing property lines, structures, driveways, parking spaces, and sewage disposal system components. This can also be hand-drawn if neat and accurate. Submit in PDF format if possible.
3. Septic System Certification: A certified evaluation of the sewage disposal system, including tank size and absorption area square footage. This must be obtained from a qualified septic service provider.
4. Monroe County Hotel Room Excise Tax Certificate: Proof that applicable county taxes are being paid. Obtain this from the Monroe County Tax Office.
5. Pennsylvania Sales & Use Tax Permit: Verification that state taxes are being paid. Apply for this through the Pennsylvania Department of Revenue.
6. Trespass Waiver: A signed document allowing the Codes Officer to access the property for inspections. This form is typically provided by the township.
7. Insurance Policy Declaration Page: Proof of liability insurance coverage of at least $500,000. This must be a commercial or business policy specifically covering short-term rental use. Obtain this from your insurance provider.
8. Application Fee: A payment of $300 for the initial application.

Additional required information includes:

• Owner and Local Contact Information: Names, addresses, and 24-hour contact numbers for the property owner and a local contact person or agent.
• Property Details: Information about the rental unit, including total habitable floor space, number of bedrooms, and details about the sewage disposal system.
• Parking Information: A site plan showing the location and number of on-site parking spaces.
• Copies of Tax Certificates: Current Monroe County hotel room excise tax certificate and Pennsylvania sales and use tax permit.
• Deed Copy: A current recorded deed for the property establishing ownership.
• Liability Insurance Proof: Documentation of at least $500,000 in liability insurance coverage for the duration of the license term.
• E-911 Sign Confirmation: Verification that a proper E-911 (green) sign with 4" white numbers has been placed correctly on the property.
• Flood Zone and Wetlands Information: Confirmation of whether the property is in a flood zone or if there will be any fill or encroachment of wetlands.
• Signed Application: The completed application form with the property owner's signature certifying the accuracy of all submitted information.

These documents ensure compliance with local regulations, safety standards, and tax obligations. They can be obtained from various sources including local government offices, professional service providers, and insurance companies. Always check with the Polk Township office for the most up-to-date requirements and forms.

Pennsylvania Wide Short-Term Rental Rules

In Pennsylvania, there are no comprehensive statewide regulations specifically governing short-term rentals (STRs) like Airbnb and VRBO. Instead, the state adopts a decentralized approach, allowing local municipalities to craft their own rules and ordinances. This results in a patchwork of regulations that can vary significantly from one area to another. Below are key state-wide requirements and considerations that affect hosts in Polk Township and across Pennsylvania.

Tax Obligations

• Hotel Occupancy Tax: All short-term rental operators in Pennsylvania are required to collect and remit a 6% hotel occupancy tax on rentals lasting less than 30 consecutive days. This is identical to the state sales tax rate.
• Local Taxes: In addition to the state tax, some counties, including Allegheny and Philadelphia, impose an additional local hotel tax. Hosts should verify if their county has any additional taxes that apply.
• Tax Registration: Hosts must register for a Hotel Occupancy Tax License through the Pennsylvania Department of Revenue before collecting these taxes from guests. This can be done online at mypath.pa.gov.
• Income Reporting: Income generated from short-term rentals must be reported on the host's annual Pennsylvania income tax return. For rentals under 30 days, income and expenses are reported on PA Schedule C, while longer rentals use Schedules E.

Licensing and Permits

While there is no statewide STR license requirement, many municipalities require specific permits to operate legally:

Local Permits: Each municipality may have its own permit application process, fees, and renewal requirements. In Polk Township, for example, hosts must obtain a short-term rental permit costing $300 initially and $150 annually thereafter.

Zoning Regulations

Zoning laws significantly impact where STRs can operate:

• STRs are often restricted to certain zoning districts, with many municipalities prohibiting them in residential areas (e.g., R-1 zones in Polk Township).
• Hosts must ensure their property complies with local zoning codes before applying for a rental permit.

Safety and Compliance Standards

Pennsylvania law mandates certain safety standards that STRs must meet:

• Properties must have smoke detectors installed in each bedroom and common areas.
• Carbon monoxide detectors are required if there are gas appliances or open flame heating systems.
• Compliance with local building codes is essential; this often involves inspections by local officials.

Community Impact Considerations

Many municipalities enforce noise ordinances and other regulations to mitigate the impact of STRs on local communities:

• Hosts must ensure that their guests adhere to noise regulations to prevent disturbances.
• Some areas may require hosts to designate a local contact person available 24/7 to address any issues that arise during guest stays.

Enforcement Variability

The enforcement of STR regulations varies widely across Pennsylvania:

• Some regions, like Bucks County, have been known for strict enforcement actions against non-compliant rentals.
• Other areas may take a more lenient approach but still require adherence to local laws.

Does Polk Township Strictly Enforce STR Rules?

Polk Township has implemented specific regulations for short-term rentals, including prohibiting them in residential R-1 Zoned areas while allowing them in other zoning districts with a license. However, based on discussions in online real estate investing communities, Polk Township appears to have a relatively moderate approach to enforcing its short-term rental regulations compared to some other municipalities.

While the township has established rules and requirements for STR operators, many hosts continue to operate Airbnbs and other vacation rentals despite these regulations. On the Bigger Pockets forum, users have shared experiences indicating that Polk Township is generally more Airbnb-friendly than some neighboring areas. One user mentioned, "Osceola County and Polk County allow STR, Orange County does not," suggesting a comparatively permissive stance towards short-term rentals.

Another Bigger Pockets user reported operating a successful short-term rental near Legoland, which is located in Polk County. They noted only a slight slowdown in bookings, attributed to their unique offering rather than regulatory pressures. This anecdote indicates that hosts are finding ways to operate STRs in the county, even while navigating the existing regulatory landscape.

On Reddit, users discussing short-term rentals in the area have noted high demand, with many properties showing nearly full availability calendars. While some hosts express concerns about tax obligations, the overall sentiment suggests that Polk Township's enforcement of STR rules is not overly strict.

It's important to note that while Polk Township does have regulations in place, the enforcement appears to be less aggressive than in some other jurisdictions. Many hosts operate their short-term rentals without significant interference, although they should still be aware of and strive to comply with local rules to avoid potential issues.

In conclusion, while Polk Township has established STR regulations, it can be considered relatively Airbnb-friendly compared to more restrictive municipalities. The township's approach seems to balance the interests of property owners with community concerns, allowing for a thriving short-term rental market while maintaining some regulatory oversight. Hosts generally find ways to operate in Polk Township despite the rules, with many successfully managing their STRs in compliance with local regulations.

How to Start a Short-Term Rental Business in Polk Township

Starting a short-term rental business in Polk Township requires careful planning and adherence to local regulations. Here's a comprehensive guide to help you get started:

Research local zoning laws and regulations

Begin by thoroughly researching Polk Township's zoning laws and regulations. Short-term rentals are only allowed in specific areas, and your property must meet certain criteria. For instance, the property must be situated on a lot of at least 1 acre. If your property is not on a central sewer system, you'll need to provide information about the sewage disposal system, including its location, approximate age, and capacity. You'll also need to supply a certified evaluation of the septic system and proof that the tank was pumped for approval by the Sewage Enforcement Officer.

Tip: Contact the Polk Township office or visit their website to obtain the most up-to-date information on zoning requirements and restrictions.

Obtain necessary licenses and permits

To legally operate a short-term rental in Polk Township, you must obtain a short-term rental permit from the Codes Officer. Operating without this permit is a violation of township regulations. The initial permit application fee is $300, with an annual renewal fee of $150.

Tip: Start the application process early, as gathering all required documents and obtaining approvals may take some time.

Prepare required documentation

To apply for a short-term rental permit, you'll need to provide several documents, including:

• Floor plans of the rental unit, including total habitable floor space and number of bedrooms
• A site plan showing the location and number of on-site parking spaces
• Copies of current Monroe County Hotel Room Excise Tax Certificate and Pennsylvania Sales and Use Tax Permit
• A trespass waiver allowing the Codes Officer to access the property for inspections
• A copy of the current recorded deed for the property
• Proof of liability insurance coverage of at least $500,000 for the duration of the license term

Tip: Create a checklist of all required documents to ensure you don't miss anything when submitting your application.

Designate a local contact person

Appoint a person in charge who will serve as the local contact for your short-term rental. This individual must reside or have an office within 15 miles of the rental property and be able to act as the legal agent for the owner. Provide their name, address, and 24-hour telephone number in your application. Remember to notify the Township in writing within 14 days if there's any change in the identity of the person in charge.

Tip: Choose someone reliable and familiar with the property who can respond quickly to any issues or emergencies.

Ensure compliance with safety standards

Equip your short-term rental with all required safety features, including:

• Smoke detectors in each bedroom, outside bedrooms in common hallways, and on each floor
• GFI outlets within six feet of water sources
• Aluminum or metal exhaust from the dryer
• Carbon monoxide detectors if there's an open flame furnace, gas or wood fireplace, wood-burning stove, or attached garage
• Fire extinguisher in the kitchen (must be visible or clearly marked)
• Stairs in good condition with handrails for the entire length9

Tip: Consider hiring a professional inspector to ensure your property meets all safety requirements before applying for your permit.

Set up tax collection and remittance

Register for and obtain a Monroe County Hotel Room Excise Tax Certificate and a Pennsylvania Sales and Use Tax Permit. You'll need to collect and remit these taxes for your short-term rental income.

Tip: Consider using a property management software that can automatically calculate and collect these taxes from your guests.

Prepare your property for guests

While not explicitly required by regulations, ensuring your property is well-maintained and attractively furnished will help your business succeed. Consider the following:

• Provide essential amenities such as clean linens, towels, and basic toiletries
• Stock the kitchen with necessary cookware and utensils
• Ensure reliable Wi-Fi and entertainment options
• Create a welcome guide with house rules, local attractions, and emergency information

Tip: Put yourself in your guests' shoes and anticipate their needs to create a comfortable and memorable stay.

Market your rental responsibly

When advertising your short-term rental, ensure that all information complies with local regulations. Do not advertise a number of bedrooms or occupancy that exceeds what is permitted under the township's ordinance. Be honest and accurate in your listing to avoid potential issues with guests or local authorities.

Tip: Use high-quality photos and compelling descriptions to make your listing stand out while accurately representing your property.

By following these steps and staying compliant with local regulations, you can successfully start and operate a short-term rental business in Polk Township. Remember to renew your permit annually and stay informed about any changes in local ordinances to ensure continued compliance.

Who to Contact in Polk Township about Short-Term Rental Regulations and Zoning?

If you have questions or need assistance regarding short-term rental regulations in Polk Township, several key contacts can provide guidance and information. Here are the relevant contacts:

Polk Township Office

• Address: 165 Polk Township Road, PO Box 137, Kresgeville, PA 18333
• Phone: (610) 681-5376
• Email: info@polktwp.org
• Office Hours:Monday to Friday, 8:00 AM - 3:30 PM

The Polk Township office is your primary resource for obtaining permits, understanding local regulations, and addressing any concerns related to short-term rentals.

Zoning Officer

1. Name: Tracy Herman
2. Phone: (610) 681-5376
3. Email: zoning@polktwp.org

Tracy Herman is the designated Zoning Officer who can assist with specific inquiries about zoning laws, permit applications, and compliance requirements for short-term rentals.

Monroe County Treasurer's Office

Phone: (570) 517-3180

The Monroe County Treasurer's Office can provide information regarding tax obligations related to short-term rentals, including hotel occupancy tax requirements.

Online Communities and Resources

For additional support and shared experiences from other hosts, consider joining online forums and communities. Here are some useful platforms:

BiggerPockets: A real estate investing community where you can find threads discussing short-term rental regulations in Polk Township and surrounding areas. Look for posts that specifically address local rules and experiences from other hosts.

Reddit: Subreddits like r/AirBnB and r/Poconos often have discussions about local regulations, challenges faced by hosts, and tips for compliance. Engaging in these communities can provide valuable insights and support.

These contacts and resources will help you navigate the regulatory landscape of short-term rentals in Polk Township effectively. Whether you're seeking clarification on specific rules or looking for community support, these avenues will guide you in establishing a compliant and successful rental business.

What Do Airbnb Hosts in Polk Township on Reddit and Bigger Pockets Think about Local Regulations?

While there are limited discussions specifically about Polk Township, hosts in the broader Pocono Mountains region, which includes Polk Township, have shared their experiences and opinions about local short-term rental regulations on various online platforms:

Reddit - r/Poconos:

A thread discussing short-term rental regulations in the Poconos region revealed that many hosts find the requirements "extremely onerous and overbearing." One user specifically mentioned the high costs involved, including a $500 permit fee and additional insurance requirements, despite Airbnb already providing coverage. This sentiment likely extends to Polk Township hosts as well.

Bigger Pockets Forum:

A user shared their experience operating a short-term rental near Legoland, which is in the same county as Polk Township. They noted that while bookings had slowed slightly, it was due to their unique offering rather than regulatory pressures. This suggests that some hosts in the area are finding ways to operate successfully within the existing regulatory framework.

Reddit - r/airbnb_hosts:

A host in the nearby Kissimmee area, which shares some similarities with Polk Township's vacation rental market, reported high demand for short-term rentals. However, they also expressed concerns about navigating tax obligations, indicating that regulatory compliance remains a significant consideration for hosts in the region.

Local Real Estate Forums:

Discussions on local forums reveal a mixed sentiment among hosts. While many continue to operate short-term rentals, there's an underlying awareness of the potential for enforcement actions. Hosts emphasize the importance of thoroughly researching specific regulations applicable to their properties and taking steps to ensure compliance to minimize potential issues.

These insights, while not exclusively from Polk Township, reflect the general sentiment of short-term rental hosts in the broader region. They highlight a common theme of hosts navigating a complex regulatory environment while trying to maintain successful rental businesses.