[HISTORY: Adopted by the Town Board of the Town of Webb 9-13-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
This chapter shall be entitled, "Short-Term Residential Rentals
Law of the Town of Webb."
This chapter is authorized by the Municipal Home Rule Law of
the State of New York.
A.
The Town recognizes the economic benefits of short-term rentals that
allow homeowners to supplement household income to help defray the
costs of owning a home. Further, there are positive economic benefits
of providing lodging to tourists and other visitors to the Town. Short-term
rentals are becoming increasingly more prevalent with the growth of
internet and social media-based programs connecting property owners
and persons seeking short-term rentals. The Town also recognizes the
impacts short-term rentals can cause to neighbors, the neighborhood
character, the environment, and the general health, safety and welfare
of the Town.
B.
These provisions governing short-term rental uses are designed to
strike a balance. Allowing this use in the Town will allow our Town
and community to reap the economic benefits that this type of use
can bring.
C.
It is the intent of the Town Board, by enacting this chapter, to
ensure that properties that host short-term residential rentals meet
the same standards as private residential homes as to life safety
and health as codified in the NYS Uniform Fire Prevention and Building
Code, protection of the environment and public sanitation through
NYS Department of Health Appendix 75-A, protection of the general
public health, safety and welfare through the Property Maintenance
Code and all other applicable laws, rules and regulations. This chapter
aims to provide a mechanism to ensure that such standards are met
and in any case where they are not, provide a way to notify the owner
of the deficiency and bring the properties into compliance for the
safety and well-being of the community. The Town Board does not intend
to re-regulate currently regulated entities such as cottage colonies,
bed-and-breakfast establishments and the like.
D.
The purpose of this chapter is to protect the health, safety and
welfare of the Town by:
(1)
Preserving and protecting existing established residential neighborhoods
and residential waterfront properties from the potential impacts of
short-term rentals of residential dwellings that may unintentionally
convert residential use zones to commercial uses;
(2)
Ensuring that short-term rental properties are safe for occupants
by confirming minimum standards for life and fire safety as otherwise
required by applicable codes;
(3)
Ensuring on-site wastewater treatment systems meet the minimum standards
currently required by NYS Department of Health Appendix 75-A thus
protecting drinking water wells and our lakes;
(4)
Ensuring the number of occupants does not exceed the standards of
the NYS Property Maintenance Codes;
(5)
Minimizing risks to public safety and adverse impacts such as improperly
disposed trash, parking problems and crowded, unsafe living arrangements;
(6)
Ensuring that, where permitted, any rental use is consistent with
the Town of Webb Comprehensive Plan.
Words and terms used in this chapter shall be interpreted and
defined as indicated below. All other words and terms shall have the
meanings commonly attributed to them. Doubts as to the precise meaning
of any words or terms shall be clarified by the Board of Appeals under
its power of interpretation.
A lawful room or area within a residence used for sleeping
which complies with the NYS Uniform Fire Prevention and Building Code
as a sleeping area.
An owner-occupied residential single-family dwelling having
a valid conditional use permit that makes available a room or rooms
for overnight accommodations to transient guests and does not serve
meals to the general public.
Maximum number of persons allowed to occupy any single-family
dwelling as determined by the provisions of the NYS Uniform Fire Prevention
and Building Code and NYS Department of Health Appendix 75-A.
The rental, lease, use or occupancy of any single-family
dwelling by any person or persons other than the owner or owner's
family and where the owner of the property receives consideration
for the temporary use of the property in money, goods, services or
other form of compensation for such use, but not where the use is
permitted for family, friends or other situations not involving consideration
or compensation for the use.
A period of time less than six months.
Any individual dwelling unit providing complete cooking,
bathing, sanitary, living and sleeping areas, as part of a two-family,
multifamily, townhouse or condominium. In the case of more than one
single-family dwelling being subject to this chapter, each such single-family
dwelling that will be used as a short-term rental shall be required
to have its own permit.
Any lawfully existing dwelling that is rented, leased or occupied by a person or group of people other than the owner and/or his or her family, under the conditions set forth in the definition of "rental" in § 387-4 hereof, for any period of time more than 14 cumulative days in a calendar year and less than six consecutive months shall require a current rental permit issued by the Code Enforcement Officer. An approved rental permit is valid for a period of 24 months from the date of issue and may be renewed pursuant to the terms of this chapter for each successive twenty-four-month period during which rentals take place.
The form and content of a short-term rental permit application
shall be as determined by the Town of Webb Code Enforcement Officer
and/or the Town Board and shall contain such information as the Code
Enforcement Officer and/or Town Board deems necessary to determine
the sufficiency of the application. Such application shall contain,
at a minimum:
A.
The property address and tax map parcel number.
B.
The total
number of dwelling units located on the property.
C.
The size
and number of bedrooms inside each building proposed to be rented.
D.
A plan
showing the location of designated emergency egress and rescue windows
to the extent such features are required under current law, code or
regulation.
E.
A signed
certification by the property owner(s) attesting to the fact that:
(1)
To
the best of their knowledge the property is fit for human habitation
and safe.
(2)
The
owner will comply with all of the conditions and restrictions of the
rental permit.
(3)
No
portion of a cellar or attic within the rental area shall be used
for habitable space of any kind, unless approved by the Code Enforcement
Officer under the same conditions that would allow such use pursuant
to the NYS Uniform Fire Prevention and Building Code, and NYS Department
of Health Appendix 75-A.
(4)
To
the best of their knowledge the property is in compliance with all
the provisions of this chapter, the applicable provisions of the Town
Code and the New York State Uniform Fire Prevention and Building Code.
(5)
The
required permits and certificates of compliance are in place for all
existing structures on the property.
F.
Contact.
The owner shall designate a property representative who shall be immediately
available, for the purpose of:
(1)
Responding
within a reasonable time under the circumstances, but in no case later
than 24 hours after notification to complaints regarding the use or
conduct of occupants of the rental property and taking remedial action
to resolve any such complaints in a reasonable length of time;
(2)
The
name, address, and telephone number of the owner and the property
representative shall be kept on file with the Code Enforcement Officer
at all times.
G.
Such other
information as the Town may require to satisfy the intent of this
chapter.
Prior to issuance of any permit or renewal thereof issued under
this chapter, the Code Enforcement Officer shall inspect each rental
unit to verify compliance with all local laws, the NYS Uniform Fire
Prevention and Building Code, proper sanitary disposal, the availability
of sufficient lawful parking areas and compliance with the terms and
conditions of any current permit. A failure of any of the above requirements
shall stay issuance of a permit until compliance is demonstrated to
the Code Enforcement Officer.
A copy of the valid permit, a copy of the inspection report
and the maximum number of occupants allowed in the residence shall
be conspicuously posted in the dwelling at all times. The names, and
phone numbers of the responsible property representative or manager
of the property shall be posted in a conspicuous location inside the
building at all times.
Upon application for an initial permit as of the date of enactment
hereof, the permit fee shall be $800 for any rental unit comprised
of one to three bedrooms and $1,600 for a rental unit comprised of
four or more bedrooms. The Town Board is authorized to adjust the
permit fee from time to time as it deems reasonable by passage of
a resolution.
A.
Compliance with the Town of Webb Code, the New York State Uniform
Fire Prevention and Building Code and the New York State Standards
for on-site wastewater treatment for residential properties is required.
These requirements comprise the same standards to obtain a certificate
of occupancy for a residential property in the Town of Webb.
B.
An owner of a property shall demonstrate that sufficient lawful parking
is available for the number of occupants proposed to be allowed to
occupy the premises for each permit issued according to any rules
established by the owner regarding maximum numbers of vehicles.
C.
Unless there is documentation on file in the Office of Code Enforcement
to demonstrate compliance with NYS Department of Health Appendix 75-A
prior to the issuance of the first rental permit, the septic tank
shall be pumped out and inspected for size, condition and location.
A report of the same shall be submitted to the Office of Code Enforcement.
This information shall also be readily available in the rental dwelling.
The absorption area location, type and general size shall also be
identified. A dye test may be conducted upon reasonable notice under
the circumstances by the Code Enforcement Officer upon reasonable
cause to believe any of the relevant provisions of this chapter regarding
septic disposal are being violated at the subject property or that
any component of the septic disposal system may be in a state of failure.
D.
The criteria used to establish the maximum allowed number of occupants
in the residence or on the property at any time, day or night, shall
be based on the New York State Fire Prevention and Building Code and
Property Maintenance Code.
E.
The size and capacity of the septic tank and absorption area shall
also determine the total number of occupants allowed in the residence
or on the property, day or night based on New York State Department
of Health Appendix 75-A, standards for on-site wastewater treatment
for residential properties and Town of Webb laws, codes, rules and
regulations.
F.
Signage shall be allowed as per § 480-32A(2)(a) of the Town of Webb Zoning Code.
G.
Campfire pits shall comply with the New York State Uniform Fire Prevention
and Building Code.
H.
The advertising of a rental not having a valid rental permit shall
be deemed a violation of this chapter as if the rental is occupied.
Any lawfully existing single-family dwelling that is rented,
leased or occupied by one family or family unit for less than 14 cumulative
days in a calendar year or for six or more consecutive months shall
be exempt from this section. Subletting or subleasing by the occupants
for a period of less than six consecutive months would automatically
void this exemption and a rental permit would be required subject
to all the terms, conditions and requirements as stated above. The
renting of individual rooms to separate entities would also void this
exemption. Any property currently regulated by NYS Department of Health,
such as a cottage colony or similar is likewise exempt from this chapter.
A.
Any violation of any provision of this chapter shall be deemed a
violation and may be punishable by a fine of not more than $350. Any
second violation of any provision of this chapter within a period
of 12 months immediately succeeding a prior violation shall be deemed
a violation and shall be punishable by a fine not less than $350 and
not more than $700. Any third or subsequent violation of any provision
of this chapter shall be deemed a violation and shall be punishable
by a fine not less than $700 and not more than $1,000. In the case
of such violations the Code Enforcement Officer is authorized to issue
an appearance ticket and to file an accusatory instrument in Webb
Town Court. Each period of one week (seven consecutive calendar days)
of continued violation shall constitute a separate additional violation.
B.
Upon a third or subsequent violation of any provision of this chapter,
the Code Enforcement Officer may administratively suspend any current
short-term rental permit until full compliance is demonstrated and
after passage of one year from the date of such violation.
C.
Any violation of any provision of this chapter shall subject the
owner or operator of the premises in violation to a civil penalty
of not more than $200 per day of violation.
D.
The Town Board may by resolution authorize an action in the name
of the Town of Webb in a court of proper jurisdiction to enjoin violations
of this chapter and to collect civil penalties as set forth above
for violations and all expenses of enforcing compliance with this
chapter, including actual attorney fees and costs and disbursements.
E.
The Town Board may authorize prosecution of violations in Webb Town
Court or an action to enjoin further violations and collect civil
penalties, or both such enforcement mechanisms concurrently or sequentially
and the option to pursue one or the other or both methods of enforcement
shall not affect the authority or validity of either such prosecution.
