LOWER MAKEFIELD TOWNSHIP
Bucks County, Pennsylvania
NOTICE IS HEREBY GIVEN that the Lower Makefield Township (“Township”) Board of Supervisors (“Board”) during its regularly scheduled meeting to be held on April 21, 2021, at 7:30 p.m., either at the Township Building, 1100 Edgewood Road, Yardley, Bucks County, Pennsylvania 19067 or by a virtual method, depending on the state of the COVID-19 crisis, will hold a public hearing on and will consider for enactment, an ordinance (“Ordinance”) which amends provisions of the Township Code pertaining to the Township’s Short Term Lodging Facilities Ordinance. The Ordinance to be considered and acted upon is titled: AN ORDINANCE OF THE TOWNSHIP OF LOWER MAKEFIELD, BUCKS COUNTY, PENNSYLVANIA, AMENDING CHAPTER 130 – “LODGING FACILITIES,” ARTICLE I – “SHORT TERM LODGING FACILITIES.” The public hearing will be held for the purpose of receiving comments and recommendations of interested individuals residing within the Township concerning the proposed Ordinance.
The venue and method of the meeting to be held will be determined by the state of the current COVID 19 crisis. Please be guided by the instructions provided by the Township at the time of publication of the proposed Agenda at https://www.lmt.org. The amended proposed Ordinance to be considered and acted upon on April 21, 2021 has been drafted for the health, safety and general welfare of the residents of the Township. Furthermore, it has been drafted to secure the safety of persons or property within the Township and to prohibit nuisances.
Pursuant to the requirements of the Second Class Township Code, the following is a summary of the amendments to the proposed Ordinance:
The proposed Ordinance amends Chapter 130 – “Lodging Facilities,” by repealing and replacing Article I – “Short Term Lodging” in full. All references to sections in the proposed Ordinance relate to Chapter 130, Article I.
First, the proposed Ordinance reenacts Section 1 – “Purpose and Intent” and adds a further statement of intent concerning the desire to preserve the tranquil and suburban nature of the Township’s residential neighborhoods. The proposed Ordinance also adds a new Subsection C concerning “Applicability.”
Second, the proposed Ordinance reenacts Section 2 – “Definitions” and adds definitions for the terms “Bedroom” and “Rent.” It also revises the definition of “Short Term Lodging.”
Third, the proposed Ordinance reenacts Section 3 – “Restrictions on Transient Rentals; Types of Short Term Lodging Facilities” to prohibit Short Term Lodging within the Township, except when a use is qualified or defined as a hotel or bed and breakfast home use in accordance with the Zoning Code or in the circumstances listed in Subsection A – “Specific bedroom accommodation” or Subsection B – “Entire residential unit accommodation.”
Fourth, the proposed Ordinance enacts Section 4 – “License Requirements and Conditions,” to provide for the process to obtain a license to operate a Short Term Lodging Facility.
Fifth, the proposed Ordinance enacts Section 5 – “Operation and Performance Standards and Conditions,” to set the applicable criteria to operate as a Short Term Lodging Facility.
Sixth, the proposed Ordinance enacts Section 6 – “Marketing,” to prohibit the marketing of any Short Term Lodging Facility not in compliance with the proposed Ordinance.
Seventh, the proposed Ordinance reenacts Section 7 – “Grounds for Suspension, Revocation, or Non-Renewal of License,” to provide for the suspension, revocation or non-renewal of a license to operate a Short Term Lodging Facility. This Section is Section 6 under the current Ordinance. These disciplinary actions are in addition to or an alternative from potential fines under Section 9 of the proposed Ordinance.
Eighth, the proposed Ordinance reenacts Section 8 – “Procedure for Non-Renewal, Suspension, or Revocation of License, and Appeal,” to provide the relevant procedures for the suspension, revocation or non-renewal of a license to operate a Short Term Lodging Facility and mechanism for an appeal. This Section is Section 7 under the current Ordinance.
Ninth, the proposed Ordinance reenacts Section 9 – “Severability,” to provide a severability clause. This Section is Section 8 under the current Ordinance.
Tenth, the proposed Ordinance reenacts Section 10 – “Enforcement and Penalties,” to provide for the enforcement of the Ordinance as a summary offense and to authorize the Township to enforce the Ordinance through an action brought in equity before the Court of Common Pleas of Bucks County. This Section is Section 9 under the current Ordinance. The proposed Ordinance also adds a new Subsection C regarding notice requirements with respect to a property owner who receives more than one same or similar Notice of Violation of the proposed Ordinance within a one year period.
The full text of the proposed Ordinance may be examined by any citizen in the window at the front entrance of the Township Building, 1100 Edgewood Road, Yardley, Pennsylvania 19067. An electronic copy of the full text of the proposed ordinance is available for inspection by the public on the Lower Makefield Township website at https://www.lmt.org, or available from the offices of the Bucks County Courier Times, located at 2300 East Lincoln Highway, Suite 500D, Langhorne, Pennsylvania, Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m. This notice is published in accordance with the Pennsylvania Second Class Township Code, 53 P.S. §65101 et seq. and the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq.
Kurt Ferguson, Township Manager