PALMYRA TOWNSHIP – WAYNE COUNTY March 4, 2024

 

Chairman Steffen called the board of supervisors meeting to order at 6:00 PM. Roll call showed all Supervisors were present.

 

The beginning of the meeting is our Short-Term Rental Ordinance Hearing. This process for Short Term Rental Ordinance has been going on for 2 years. This has come together with work from many different entities within the township. There is still work to do in setting the fees within the ordinance.

 

We believe we have created an ordinance that will not only protect the township, as well as cover our concerns and environmental prudence while being fair to short-term rental applicants. This meeting has been advertised. Questions and comments are open to the public.

 

Below is an overview of the hearing.

Donna Swarez had questions and concerns about the glamping property located above her lot. She listed a few concerns such as people pulling in her driveway, people wandering onto her property, and if the driveway is large enough for emergency vehicles. The driveway has been approved by PennDot according to Paul. She is concerned as to why there is no signage at the bottom of her driveway as people have been pulling into her property. Also, she was curious as to why the glamping is not considered a short-term rental. Paul advised her that the glamping was a unique situation that required a Conditional Use Hearing.

Andrea Whyte expressed concerns about RV’s and short-term rental properties. She is concerned with the number of RV’s that could be situated on any particular property.

Chairman Steffen stated that it is worded that the RV must belong to a satisfactory short-term rental property it cannot be a standalone. As well as that there will be proof of disposal of waste. Andrea stated that a large yard could hold multiple RVs at one time and wonders if we should limit use. Paul stated that RV’s must be associated with short-term rentals as they are not permitted in Palmyra Township via the Zoning Ordinance. Jeff Radway stated that he was the one who originally brought up the potential number of RV’s that could be on a property. He was curious as to if the ordinance had been updated in the area.

Jeff Treat read the proper RV section of the ordinance aloud. As written, it states “a RV”, with an update the board can reword the ordinance to read “a singular” RV. Jeff Radway also wanted some clarification on how the count is made that goes to the number of occupants in reference to the houses septic system when an RV is on the rental property. If the RV is to be used as a facility, then the number of people staying in the RV does not affect the overall count in the house. If the RV is NOT to be used as a facility, then the overall count of occupants IS included in the total for the houses septic system.

Douglas Gale asked why he couldn’t simply put an RV on his property if the septic tank was large enough. Paul stated that he is not zoned for an RV. The RV would have to be in conjunction with a short-term rental. Paul Natale, Zoning Officer for Palmyra Township, asks why short-term rentals are not considered a business. Jeff Treat stated that Judge Meer has ruled that short term rentals are not a business and are deemed residential, even though the decision is under appeal. Paul feels this court case has nothing to do with short term rentals and still doesn’t change the fact that someone is operating it and conducting business. Jeff Treats’ opinion is to do an ordinance until the PA Supreme Court has a final ruling and steps in to determine whether it is a business.

According to Jeff we are one of the few townships that have yet to put an ordinance into effect. Paul states that it is hard to deny that some of these will be businesses when the applicants have “LLC” attached to the application. If Short-Term Rental was considered a business, each Short-Term Rental would become a Conditional Use. Jeff Radway asks if you are putting ads out for rentals shouldn’t that make it a business as you are advertising.

Joanne Kmetz asks if there will be a hotel tax on the short-term rental properties collected through the county or state, because that makes it a business. There is a question as to whether our short-term rental applicants need to have an insurance policy on the rental property. Jeff Treat states that the applications do not need to show proof of insurance. Jeff states failure to have insurance does not fall back on the township.

Discussion continues about situations, court cases and rulings that Jeff Treat can provide as guidance to the board. Scheduling of fees and a start date to the ordinance still need to be figured out. Mike Farrengetty of Blooming Grave attended our meeting as he missed his townships meeting and asks if the applicants for short-term rental must provide proof of the application of payment of hotel tax. Jeff Treat states that we do not collect hotel tax here.

Jeff Radway asks about subdivisions of a property being in two different zoning districts. Chairman Steffen states any overlap would be done through a Conditional Use Hearing.

At 6:34 pm Chairman Steffen made a motion to close the Short-Term Rental Hearing, with a second from Supervisor Kmetz and all supervisors voting yes.

 

Last month’s minutes for the previous month were reviewed as written. Supervisor Kmetz made a motion to accept the previous month’s minutes, with a second by Supervisor Bartleson and all supervisors voting yes.

 

The Treasurer’s Report was given by Shayla Gouger and is on file as well as posted on the back wall. Chairman Steffen made a motion to accept the treasurers report with a second by Supervisor Kmetz and all supervisors voting yes. Shayla has been asked to investigate opening another bank account as the Dime Bank only offers $250,000 of insurable funds and we have exceeded that with a total deposit of $438,460.27 for 2023. And with the 3 bank accounts in the Dime Bank our total revenue would not be covered by the bank.

 

Bill List number #3 was presented. Chairman Steffen made a motion to pay the bill list with a second by Supervisor Bartleson and all supervisors voting yes.

 

Police Report was given by an Officer and is on file.

 

Shayla stated that Mr. Mason had been to the township building to complain again about the Railroad property in White Mills. He advised Shayla that he had spoken to Officer Rowan and was awaiting a return phone call on the situation. The officer assured Shayla he would pass on the message to Officer Rowan.

 

Fire Report was given by Scott Mead and is on file.

 

PPH Ambulance Report will be attending the Commissioners Meeting on March 12, 2024, to ask for assistance in additional funding from the county to help pay for the cost of the PPH ambulance. PPH has been beneficial to the area.

 

Road Report was given by Road Master Kmetz and is on file. For the 2024-year Supervisor Kmetz would like to investigate paving one/all the following roads: Lower Grandview, Entrance of Beechnut Drive, and Long Ridge and Autumn Drive Corners

 

Public Comment none currently.

 

Correspondence The Township received its normal newsletters, pamphlets, brochures, and magazines. Letter from Wayne County Board of Elections requesting to use our building as a polling place on April 23, 2024. Chaiman Steffen made a motion to allow our building to be a polling place on April 23, with a second from Supervisor Kmetz and all supervisors voting yes.

Mattern Logging and Tree Service sent a letter requesting employment opportunities in the township. Kuharchik Construction sent a new price list for services in 2024. Our Municipal Liquid Fuels monies have been deposited in the amount of $61,624.39. Also, the Turnback funds were deposited in the amount of $3520.00.

 

Zoning Report was given by Paul Natale for the month.

 

The Board of Supervisors would like to make an amendment to the Short-Term Rental Ordinance in reference to RV’s. Chairman Steffen made a motion to change the wording in the proposed Short-Term Rental Ordinance Section 12 Item 11 to read as “Singular” RV in the Short-Term Rental Ordinance, with a second from Supervisor Kmetz and all Supervisors voting yes. Fee Scheduling and adoption of the Ordinance will take place during the April Meeting. Jeff Treat asked for Shayla to do some research on neighboring Short Term Rental Ordinance Fees.

 

The Planning Commission will be meeting on March 12, 2024, at 6:30pm concerning a review of a lot restriction. We will be looking revoke a bad perc test on a property in the township.

 

Report of Digitizing Records was not given.

 

Emergency Management has nothing to report. Chairman Bartleson made it to one of the mandatory Emergency Management Meeting. He needs to attend one more meeting for the year.

 

The Solicitor’s Report Mr. Treat advised that after review of the documents received by John and Louise Smyth, the Transfer tax collected on their property is to be paid back via the courts. The check is to be made out to John Smyth 445 Spruce Street in the amount of $1,290.20. Jeff also sent a letter to Mike Kuzmiak Jr with his Conditional Uses. Final Call for Public

 

Comment no comments currently.

 

Motion to adjourn at 6:57 pm by Chairman Steffen and a second by Supervisor Kmetz and all supervisors voting yes.

 

Next scheduled meeting is Monday April 1, 2024, at 6:30 PM.