[HISTORY: Adopted by the Board of Health and Select Board
of the Town of Nantucket 9-21-2022. Amendments noted where applicable.]
GENERAL REFERENCES
Short-term rental bylaw — See Ch. 123.
The Board of Health, with the approval of the Select Board, promulgates these regulations pursuant to § 123-4 of the General Bylaws of the Code of the Town of Nantucket and MGL c. 64G, § 14.
These regulations are promulgated to provide for an orderly
process for identifying, registering and regulating short-term rentals
within the Town, and to ensure that such short-term rentals do not
create or cause a nuisance to the surrounding neighborhood due to
unreasonable noise, the creation of public health and safety issues
associated with traffic and parking congestion, or any other nuisance
conditions.
As of January 1, 2023, no person shall operate a short-term rental (as defined in § 123-4) without having first obtained a certificate of registration from the Board of Health. The certificate of registration must be renewed annually by November 1.
B.
The annual
fee of $250 per unit for such certificate of registration shall be
submitted with the application.
C.
All applicants
must submit the following information and documentation with the application
for a certificate of registration:
(1)
Ownership
information, as set forth in the application form, including but not
limited to the legal form of ownership, whether the unit is a professionally
managed unit as defined in MGL c. 64G. The form shall also include
the mailing address and contact information, and authorization from
the owner to short-term rent the property if the owner is not the
proposed operator, and shall include an attestation that all persons
and entities with an ownership interest in the unit have been notified
that a certificate of registration has been applied for. The attestation
shall also include a statement as to whether the unit is subject to
any deed restriction or covenant that restricts or prohibits the use
of the unit as a short-term rental.
(2)
The
address of the proposed short-term rental and a description of the
premises, including square footage per records of the Nantucket Assessor,
and number of bedrooms, bathrooms and parking spaces.
(3)
A copy
of the certificate of registration currently on file with the Massachusetts
Department of Revenue.
(4)
The
name, address and contact information for at least one individual
who will be available to be physically on site 24 hours a day to address
any issues at the short-term rental within two hours' notice ("local
designated person"), including, but not limited to, any conditions
which may endanger or impair the health or safety and well-being of
a person or persons occupying the premises, as set forth in 105 CMR
410.750.
(5)
A certificate
of insurance evidencing liability insurance coverage for operation
of the premises as a short-term rental with liability limits of at
least $1 million per claim, unless such short-term rental is offered
through a hosting platform that maintains equal or greater coverage.
(6)
An attestation that the owner and operator (if applicable) are in compliance with all applicable federal, state and local laws, including but not limited to MGL c. 64G and the Fair Housing Act, MGL c. 151B, and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings, and that the owner and operator (if applicable) are current with all Town taxes, water and sewage charges and other fees, subject to the requirements of Chapter 19, Finances, Article X, Licenses and Permits; Collections, §§ 19-13 through 19-18, of the Town Code.
D.
The Board
of Health, or its agent, may reject any application that it deems
incomplete.
A.
Occupancy.
Occupancy of a short-term rental shall be limited to two people per
bedroom plus two additional people in the unit.
B.
Parking.
Parking at a short-term rental shall not create public health or public
safety issues or create undue traffic congestion. The Board of Health
may refer violations of these parking requirements to the appropriate
Town enforcing agent(s).
C.
Advertising
a short-term rental. All advertisements for short-term rentals, whether
online or at a real estate agency, shall include the operator's certificate
of registration number and shall be consistent with the short-term
rental information provided in the application to the Town.
D.
Information
for prospective renters. The operator must provide all renters the
following information:
(1)
Renters.
Rental solicitations, including written and online advertising and
descriptions of property, shall include the following information:
a copy of the operator's certificate of registration, the maximum
number of occupants and vehicles allowed, policy(ies) regarding parties,
events and weddings, and whether or not the unit is under professional
management; and
(2)
On-site or prior to arrival: (i) contact information for the operator and at least one local designated person; (ii) emergency exit diagrams, which also must be posted at the short-term rental premises in all bedrooms and on all egresses; (iii) instructions for waste disposal and recycling, including but not limited to the requirement that trash be removed from the premises at each turnover or weekly, whichever comes first; (iv) a copy of Nantucket’s Noise Bylaw (Chapter 101) and (v) a copy of Nantucket’s Outdoor Lighting Bylaw (Chapter 102). Items (iii), (iv) and (v) must be posted centrally in the unit.
A.
Operators
shall maintain for a period of at least three years records of the
following information for each short-term rental stay: (1) type of
rental (room, apartment or whole house); (2) dates and number of nights;
(3) number of guests; and (4) number of vehicles. The operator shall
also keep a record of the income derived for a short-term rental and
evidence that the rooms occupancy tax due on the unit has been remitted
to the Department of Revenue. As a condition of maintaining a certificate
of registration, the operator shall provide copies of the records
set forth in this section to the Board of Health upon request.
B.
Every operator
with any listings for short-term rentals shall provide to the Board
of Health on a quarterly basis an electronic report, in a format specified
by the Board of Health. The report shall include a breakdown of where
each listing is located; whether the listing is a room, an apartment
or whole-house rental; number of nights each unit was reported as
occupied during the applicable reporting period; and the operator’s
name and full contact information.
A.
The operator
at all times bears responsibility for ensuring compliance at the short-term
rental, including compliance by short-term renters, with all applicable
statutes, bylaws and regulations, including but not limited to these
Short-Term Rental Regulations and the applicable building, health,
sanitary, zoning and fire codes.
To verify compliance with all applicable statutes, bylaws and
regulations, operators are subject to inspection of the short-term
rental by the Board of Health upon reasonable notice via consent or
administrative warrant, or without such notice, in the event of an
imminent threat to public health or safety.
The Board of Health, or its agent, shall enforce these regulations
in accordance with the bylaw.[1] The Board of Health, or its agent, also has the discretion to set hearings to determine whether any specific violation warrants suspension or revocation of the operator's certificate of registration. In exercising this discretion, the Board of Health may, after a public hearing, issue a warning letter for the first offense. Thereafter, the Board of Health may assess a fine or civil penalty for subsequent violations as set forth in Chapter 123 of the Town Code. Operators or owners with multiple violations may have their certificate(s) of registration revoked and not renewed for a period of up to three years.
