Town of Delaware, NY Short-Term Rental

An application for a short-term rental license shall be filed with the Code Official. The application shall contain the following information:

The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.

The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person.

A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and documentation detailing the number and location of available off-site parking spaces.

If not on a central sewer system, the location, approximate age and capacity (if known) of the sewage disposal system.

Acknowledgment that the owner, agent, and/or local contact person have read all regulations pertaining to the operation of the short-term rental.

Acknowledgment the owner, agent, or local contact person will post and maintain the short-term rental with the notice required herein.

A copy of room/sales licenses required.

Any other reasonable information deemed necessary by the Code Official.

All licenses issued pursuant to this chapter are subject to the following standards:

(1)

The owner shall limit overnight occupancy of the short-term rental to two people per bedroom plus an additional two people. Should potential occupancy exceed 10 people altogether, evidence of approval from the Department of Health shall be required.

(2)

Every bedroom shall contain not less than 70 square feet, and every bedroom occupied by more than one person shall contain not less than 100 square feet. Bedrooms shall not be less than seven feet in any plan dimension.

(3)

The owner shall limit the number of all vehicles to the number of parking spaces designated in the license. All parking for overnight guests and day guests shall be designated in the license and shall be located on the short-term rental property. This may include spaces in the property's garage which can accommodate vehicles, but shall not include spaces in any private, community or public right-of-way.

(4)

A minimum of one parking space per bedroom shall be provided, except that the Planning Board may modify this requirement in the case of existing nonconforming lots and buildings or multifamily units. All parking spaces shall be improved to a mud-free condition with paving, stone or similar material.

(5)

The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this chapter, any state law or any Town of Delaware Code provisions adopted under § 130, Subdivision 11, of the New York State Town Law pertaining to peace, good order, and safety. Restrictions on noise or disorderly conduct and other such standards shall be noticed to occupants by posting such rules regarding short-term rentals in each unit and responding when notified that occupants are violating provisions of this chapter and/or other applicable laws and regulations regarding their occupancy.

(6)

The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of this chapter or state law pertaining to noise or disorderly conduct promptly use their best effort to prevent a recurrence of such conduct by those occupants or guests.

(7)

Occupancy of sheds or any other forms of shelter not requiring a certificate of occupancy under the New York State Building Code shall not be permitted for short-term rental purposes, except that recreational vehicles, camper trailers, tents and yurts specifically managed by a qualified individual engaged in the business of short-term rental of such equipment and otherwise meeting applicable standards may be permitted.

(8)

The owner shall post a copy of the license and a copy of the conditions set forth herein in a conspicuous place within the short-term rental.

(9)

Each short-term rental shall have a clearly visible and legible notice conspicuously posted within the unit containing the following information:

(a)

The name of the managing agent, property manager, local contact, or owner of the unit and a telephone number at which such party may be reached on a twenty-four-hour basis.

(b)

The 911 address of the property.

(c)

The maximum number of occupants permitted to stay in the unit.

(d)

The maximum number of all vehicles allowed to be parked on the property and the requirement that parking is not permitted in any public road right-of-way unless such designated right-of-way is not parking-restricted.

(e)

Notification that trash and refuse shall not be left or stored on the exterior of the property except in secure, watertight metal or plastic cans or similar containers designed for such storage with a limit of three secured containers. It shall be the burden of the short-term owner/operator to provide such secured containers and remove any trash or refuse within seven days of occupancy and between all occupancies.

(f)

Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of this chapter; and

(g)

Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this chapter subject to a citation and fines.

(10)

It shall be unlawful for any occupant or person to maliciously and willfully disturb the peace of any neighborhood, person, or family by loud or unusual noises or by tumultuous and offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting.

The Code Official shall have the authority to impose additional reasonable conditions on any license or renewal in the event of any prior violation of the conditions of the license or the provisions of this chapter in order to address any such past violations.

The marketing of a short-term rental in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this chapter or which promotes any other activity which is prohibited by this chapter shall be a violation of this chapter subject to the penalties and costs in Article V. The owner or local contact person shall provide to the Code Official a copy of all advertisements relating to the short-term rental.