[HISTORY: Adopted by the Town Board of the Town of Olive 5-10-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
A.
The purpose of this article is to address the use of short-term rentals
within the Town of Olive, and the surrounding areas; to encourage
the use of housing for traditional long-term rentals, in an effort
to mitigate the impact of short-term rentals on the housing market,
particularly the stability of the long-term rental market; to ensure
the safety of short-term rentals; to ensure that the following concerns
are addressed:
B.
This article imposes mandatory regulations and requirements on all
Town of Olive property owners currently renting, or planning to rent,
their property on a short-term basis.
This article is adopted in accordance with Articles 9 and 16 of the Town Law of the State of New York, which grants the Town of Olive the authority to enact local laws for the purpose of promoting the health, safety and welfare of the Town, and in accordance with Municipal Home Rule Law, Article 2, § 10, that gives the Town of Olive the power to protect and enhance its physical environment. This article authorizes the Code Enforcement Officer to issue permits to property owners to operate short-term rental units, per the provisions set forth in the following sections.
As used in this article, the following terms shall have the
meanings indicated:
An interior room that functions as a sleeping room, with
at least two means of egress (e.g., window, door).
Any place where any bedding, sleeping bag, or other sleeping
matter, or any stove or fire is placed, established, or maintained,
whether or not such place incorporates the use of any membrane structure,
platform, lean-to, shack, or any other structure.
A designated adult, 21 or older, who resides within a 30-mile
radius of the STR, and is required to be available to promptly manage
emergencies and other STR renter issues. The host should understand
STR rules and regulations, and be able to comply with STR operating
requirements in the owner's absence.
A set of rules that applies to renters of short-term rental
units while occupying the unit, set forth by the owner prior to any
rental occurrence or lease.
Three-walled shelter.
A temporary shelter consisting of sheets of fabric or other
material draped over or attached to a frame of poles.
A part-time occupant of the residence that resides on the
premises less than 184 days of the year.
An agreement where payment is made for temporary use of property
owned by another.
The practice of renting or leasing properties and subletting
them on STR platforms with or without the knowledge or consent of
the property owner.
A full-time occupant of the residence, that resides at the
premises 184 or more days of the year.
A supplementary business within a private residence, accessory
dwelling unit, or portion thereof; and in which no public restaurant
or other commercial services are offered; and that is rented or leased
to a turnover of transient guest(s) for no more than 30 days per rental
and/or lease occurrence, listed on STR platforms such as, but not
limited to Airbnb, VRBO, Hometogo, etc.
A dwelling unit with a maximum of 37 square meters (400 square
feet) of floor area, excluding lofts.
Includes, but is not limited to, laundry, toilets, and showers.
A circular tent that may be used as an accessory dwelling
unit if it meets NYS building requirements, and approval from the
Building Department.
A.
Town-wide STR cap. STRs impact the local real estate market as well
as impair the long-term rental market; as such, the Town Board will
limit the number Town-wide STRs annually. STRs above and beyond this
limit, and which have not obtained a permit, will be prohibited from
operating. Violation of this regulation will result in fines of $500
per day of operation.
B.
Allowable number of short-term rentals. The maximum allowable number
of STRs owned shall be no more than: two if the owner is a full-time
resident; one if the owner is a part-time or nonresident.
C.
Non-individual owners. Properties must be owned by an individual,
individuals, sole proprietorship, general partnership, limited-liability
partnership, or a limited-liability company. No property owned by
a corporation or other business entity shall qualify for a permit.
A general partnership, limited-liability partnership, or a limited-liability
company must disclose names of all partners and/or members when applying.
Any changes in partners and/or members shall be provided to the Code
Enforcement Department within 30 days of change. No individual may
have interest, whether on their own or as part of a legal/corporate
entity, greater than two properties at any given time, one owner-occupied
and one non-owner-occupied STR.
D.
Owner-occupied limits. Full-time residents who reside on the premises
may rent out a portion of their home and/or an accessory dwelling
on the premises as a STR, with no more than two rentals, total.
E.
Non-owner-occupied. Part-time or nonresidents may rent out the main
dwelling, or an accessory dwelling, as an STR, but are limited to
one rental, total.
F.
Occupancy: shall be limited to two guests per bedroom, and total
maximum house occupancy shall be posted within the STR. Children 12
years and younger are not included in guest-count. Non-owner-occupied
STRs shall be rented for no more than 180 days per calendar year.
G.
Address protocols. The STR property shall be locatable via GPS, and
the address shall be clearly demarcated on the property.
H.
House rules. All short-term rental unit properties shall post for
renters of each dwelling unit a listing of house rules which shall
incorporate, but not be limited to, the following:
(1)
An emergency exit plan.
(2)
The location of fire extinguishers.
(3)
Identify the property lines and a statement emphasizing that unit
occupants may be liable for illegal trespassing.
(4)
Identify the procedures for disposal of refuse/garbage.
(5)
Specify no bonfires during NYS designated "No Burn" periods.
(6)
Provide safety instructions for use of fireplaces, firepits, wood
stoves, etc.
(7)
Proper use of wastewater disposal system; for example, septic or
sewer system.
(8)
No excessive noise.
I.
Management requirements. The STR host/owner will provide guests with
copies of local laws, such as, but not limited to, noise, animals,
fire, and safety ordinances and requirements. The host/owner will
properly clean and maintain STRs between bookings. The host/owner
will also provide emergency contact information as well as address
of property, including E911 address of property; will ensure the property
address is clearly identifiable from the street, and shall be posted
in a visible location on or near the front door; the host/owner will
provide guests with a property map showing the property boundaries.
Approved STRs will be assigned a registration number that must be
included in any and all rental listings, and posted within the residence.
On-site advertising (signage) is prohibited.
J.
Application of law to existing short-term rentals.
(1)
Property owners who operate an existing short-term rental shall have
90 days from the effective date of this article to apply for a valid
permit.
(2)
They shall be allowed to continue operation until such time as a
permit is issued or denied by the Code Enforcement Officer.
(3)
To qualify for this "grandfathering" of existing use, a property
owner shall provide:
(a)
Ulster County Department of Finance Certificate of Authority
dated prior to the date this article is adopted by the Town Board;
and
(b)
Provide proof of operation of the STR continuously for one year
prior to the date of the adoption of this article; and
(c)
Submit an application and meet current requirements as defined
for all STRs.
K.
Cap of number of non-grandfathered permits.
(1)
The Town of Olive Town Board has determined a cap shall be established
on the number of non-owner-occupied short-term rental permits. No
cap will be imposed on owner-occupied short-term rentals. This is
to maintain the permanent housing stock availability for all income
levels of residents.
(2)
The cap number of available permits shall be established by the Town
Board annually each calendar year.
L.
Multifamily dwellings. Properties with multifamily dwellings with
three units or more are prohibited from use as an STR. The Olive Town
Board may grant an exception to this specific rule on a case-by-case
basis.
M.
Temporary structures. Tents, trailers, and RVs are prohibited for
the purpose of STR. Yurts that have not met applicable development
standards, and that have not been deemed an accessory dwelling unit
by the Code Enforcement Officer, are also prohibited for use as an
STR.
A.
Ulster County hotel and motel occupancy tax. Applicants must first
register with the Ulster County Commissioner of Finance, allowing
said authority to collect the tax from the occupant(s) pursuant to
§ 312-8 of the Code of Ulster County. Proof of active registration
must be provided at the time of application, and annually upon renewal.
Failure to maintain registration and participation will render the
applicant ineligible for an STR permit.
B.
Permit required. An owner shall obtain a revocable short-term rental
permit whenever a dwelling will be used for short-term rental purposes.
(1)
Permit applications can be obtained from the Code Enforcement Officer,
the Building Department, or the Town of Olive website.
(2)
Applications will be completed and approved prior to using the unit
as a short-term dwelling.
(3)
Separate permit applications, and fees payable, must be submitted
for each individual STR location. (See limitations.)
(4)
Permits must be renewed, and renewal fees paid, upon the annual renewal
period. Failure to renew may result in suspension of permit.
(5)
An application for a short-term rental permit, or renewal, shall
be submitted to the Town Building Department, signed by all persons
and entities that have an ownership interest in the subject property;
shall be accompanied by payment of a permit fee to be determined by
the Town Board; shall be accompanied by a copy of the current vesting
deed showing how title to the subject property is then held; shall
be completed on the form provided by the Town; and shall provide the
following information.
(a)
Owner information. A list of all of the property owners of the
short-term rental, including names, addresses, telephone numbers and
e-mail addresses.
(b)
Building permits. Any upgrades, updates, and/or renovations
to property will be disclosed prior to application, and the proper
permits will be taken. Failure to do so will result in fines, fees,
or legal action.
(c)
Inspections. Each unit shall be inspected by the Town of Olive
Building Inspector and/or Fire Inspector to determine compliance with
the New York State Uniform Fire Prevention and Building Code. Inspections
shall be done for the initial permitting and for each renewal permit.
No initial or renewal permit shall be issued without compliance with
the elements of the submitted application. To be in compliance, the
following requirements must be met:
[1]
There shall be one functioning smoke detector in each bedroom
and at least one functioning smoke detector in at least one other
room, one functioning fire extinguisher in the kitchen and at each
primary exit, and at least one carbon monoxide detector.
[2]
Exterior doors shall be operational, and all passageways to
exterior doors shall be clear and unobstructed.
[3]
Electrical systems shall be serviceable, with no visual defects
or unsafe conditions.
[4]
All fireplaces, fireplace inserts or other fuel-burning heaters
and furnaces shall be vented and properly installed.
[5]
Each bedroom shall have an exterior exit that opens directly
to the outside, or an emergency escape or egress window.
(d)
Waste removal. Applicant must provide a waste removal plan at
time of application. Garbage shall not be allowed to remain outside
for a period greater than 24 hours at curbside, and shall be placed
within a container that adequately prevents animals from disturbing
it. The owner and/or host is responsible for any garbage or debris
that may have been strewn about by animals.
(e)
Hosting platform information. The applicant shall provide the
names and URLs for all hosting platforms or other advertising platforms,
such as but not limited to Facebook, Instagram, AirBnB, VRBO, HomeAway,
Hometogo, etc., used by the applicant for advertisement of the short-term
rental unit. Any changes or additions to the listed hosting/advertising
platform shall be reported on the applicant's renewal permit.
(f)
Maximum occupancy. The maximum desired occupancy by the applicant shall be stated on the application; see limitations in § 114-6. The Code Enforcement Officer shall establish the maximum occupancy. The Code Enforcement Officer shall limit the number of occupants based on the number, size, configuration, and furnishings of the bedrooms, and per the provisions of state laws, and as set forth in this article, § 114-6.
(g)
Water. The source of the water supply shall be stated on the
application and the permit. An annual water test is required.
(h)
Wastewater/Septic or sewer. Applicants are required to state
whether they are part of the Sewer District. For those with a private
septic, applicants must ensure the septic is functional.
(i)
Residence description. A floor plan of each bedroom, including
the dimensions of said rooms, occupancy of each room and the methods
of ingress and egress (examples: doors and windows) shall be included
with the application. The applicant shall submit a plat of the property
showing approximate property boundaries and existing features, including
buildings, structures, well, septic system, parking spaces, dumpsters
or trash collection receptacle, firepits, driveways, streets and neighboring
buildings within 100 feet of the short-term dwelling unit.
(j)
Emergencies. Provide a description of how the occupants will
contact 911 in the event of an emergency.
A.
Application review. Upon receipt of the completed application, inspection,
and fee the Code Enforcement Officer shall determine if the applicant
has complied with all the requirements of this article as well as
any federal, state, county, or local laws. If the applicant has fully
complied, then the Code Enforcement Officer shall issue the property
owner a short-term rental permit. No permit shall be issued until
inspection is completed and the short-term rental unit is approved
by the Code Enforcement Officer. In addition, no permit shall be issued
should it exceed the cap set by the Town Board. The Code Enforcement
Officer may refer noncompliant applications to the Planning Board
for further review.
B.
Renewal permits. The applicant will provide the Town of Olive with
any changes to the original underlying application for a short-term
rental unit permit, together with such additional documentation as
determined by the Code Enforcement Officer, along with the current
application fee.
C.
General permit regulations.
(1)
Copies of the permit must be displayed in the dwelling unit in a
place where it is easily visible to the occupants and in a window
where it is easily visible from the exterior of the dwelling.
(2)
The permit to operate a short-term rental unit in any given year
will expire on January 31, except an initial permit, which will be
in effect from the date of approval until January 31 of the next calendar
year. All renewal permits shall run from January 31 to January 31
of the next calendar year.
(3)
Rental permits for operation of a short-term rental unit may not
be assigned, pledged, sold, or otherwise transferred to any other
persons, businesses, entities or properties.
(4)
All short-term rental unit properties shall post, on or about the
inside of the front or main door of each dwelling unit, a card listing
emergency contact information. Such information shall include, but
not be limited to, the name, address, email, and phone numbers of
the building owner, if local, or host, and instructions on contacting
911 for emergency/fire/ambulance assistance. This information shall
also be posted on the outside of the house near the main door or in
a window where it is easily visible from the exterior of the building.
The owner or host shall be able to respond in person within one hour.
(5)
No person or persons shall be housed separately and/or apart from
the dwelling unit in any tent, trailer, camper, lean-to, recreation
vehicle, boat, yurts that do not meet the standards to qualify as
accessory dwelling units or any other non-dwelling unit.
(6)
Short-term rentals shall not be permitted to be used for any commercial
use or commercial event space.
(7)
No outdoor camping shall be allowed.
(8)
Parking shall be allowed solely in the designated parking spaces.
(9)
Owners may secure a seasonal pool pass (secured annually) for the
STR, for a fee.
D.
Violations and complaints.
(1)
Complaints regarding the operation of a short-term rental unit may
be placed with the Building Department, via phone call or in writing.
Immediate complaints may be filed with the Police Department.
(2)
Upon receipt of a complaint of violation, an investigation will be
conducted to determine the presence of a violation. If a violation
was or is currently occurring, the property owner and/or the host
will be given a notice detailing the alleged violation(s) as determined
by the Code Enforcement Officer. Such notice shall also specify what
corrective action is required of the property owner, and the date
by which action shall be taken.
(3)
Notices required by this section shall be issued by the Code Enforcement
Officer either by personal service to the property owner and/or the
host or by certified mail to the address of the property owner and/or
host as shown on the permit application.
(4)
If the property owner and/or the host does not comply with corrective
action by the date given by the Code Enforcement Officer, the Town
of Olive may initiate procedures to revoke the permit, administering
fines/fees pursuant to the fee schedule.
(5)
The Code Enforcement Officer shall refer to the Town Board any property
owners whom they believe to be in violation of this article. The Town
Board shall determine whether the permit in question shall be revoked.
A revocation of a permit requires a public hearing by the Town Board.
The referral to the Town Board may be done in addition to any other
penalties permitted by law.
(6)
Complaints can further lead to a denial of a renewal permit until
the violation is resolved.
Chapter 114 of the Code of the Town of Olive will be added to the Town of Olive Code.
If any part or provision of this article is judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in application to the part or provision directly on which judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this article or the application thereof to other
persons or circumstances. The Town hereby declares that it would have
enacted the remainder of this article even without such part, provision,
or application.
This article shall become effective immediately upon the filing
in the office of the New York Secretary of State pursuant to § 27
of the Municipal Home Rule Law.
