[HISTORY: Adopted by the Town Board of the Town of Wilson 9-20-2023 by L.L. No. 3-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 97, but was
renumbered to maintain the organization of the Code.
A.
The purpose of this chapter is to establish appropriate regulations
for the short-term rental uses in the Town. While the Town recognizes
that some property owners wish to rent to others on a short-term basis
all or part of dwelling units they own, the Town also recognizes that
it has an obligation to protect the public health, safety and welfare
and minimize the adverse effects of such short-term rental uses.
B.
By enacting this chapter, the Town intends to:
(1)
Protect the health, safety and welfare of the community and of persons
occupying short-term rentals.
(2)
Prevent, to the greatest extent practicable, public safety risks
and other impacts, including, but not limited to, increased house,
traffic, and parking impacts associated with short-term rental uses.
(3)
Protect neighborhood character and minimize the impact of short-term
rental uses on neighbors and residential properties.
(4)
Protect property values of the community.
(5)
Protect housing affordability within the community for long-term
residents, whether owners or renters.
(6)
Assist homeowners to stay in their homes by allowing some short-term
rental use of their homes to generate income to defray their cost
of homeownership.
(7)
Enable property owners to provide lodging for visitors to the Town
during periods of peak visitor and tourist demand, such as peak fishing
seasons and holiday weekends.
(8)
Promote the efficient use of housing stock.
As used in this chapter, the following terms shall have the
meanings indicated:
Inviting in or otherwise hosting six or more nonoccupants
at short-term rental property by, on behalf of, or for the benefit
of a short-term rental tenant for the purposes of celebrating or commemorating
a particular occurrence, occasion, or otherwise for socialization.
Any portion of real property rented for compensation in exchange
for lodging for a period of not more than 31 consecutive days. This
may include campgrounds, tent sites or tent platforms and other temporary
structures on the parcel, including, but not limited to, rentals provided
by such companies as Airbnb and Vrbo. For the purpose of this chapter,
the term "short-term rental" shall not include a bed-and-breakfast,
boardinghouse/lodging house, hotel, motel, or ongoing month-to-month
tenancies.
A.
The presence of the following shall create a presumption that all
or a part of the property is being used as a short-term rental:
(1)
All or part of the property is offered for lease on short-term rental
website or platform, including, but not limited to, Airbnb, HomeAway
and Vrbo, for a rental period of less than 31 days; and/or
(2)
All or a part of the property is offered for lease for a period of
31 days or less through any form of advertising.
B.
The foregoing presumptions may be rebutted by evidence presented
to the Code Enforcement Officer that the premises is not operated
as a short-term rental.
A.
Owners shall not use their property as a short-term rental without
obtaining a revocable short-term rental permit.
B.
A short-term rental permit shall be valid for one year and must be
renewed 30 days prior to expiration of current permit if the premises
is to continue to operate as a short-term rental.
C.
The short-term rental permit is not transferable to a new owner.
The new owner of the premises subject to an existing short-term rental
permit must file a new permit application in order to continue short-term
rental use.
D.
Notwithstanding the foregoing, those properties with short-term rental
commitments existing on the date this chapter takes effect shall be
permitted to honor such existing commitments and continue to make
commitments for short-term rentals, but must apply for a permit within
60 days of this chapter's effective date for all future short-term
rental commitments. In the event such application is denied, all commitments
shall be canceled.
A.
Applications for a short-term rental permit may be obtained from
the Town of Wilson Code Enforcement Officer. Short-term rental permit
applications shall be submitted to the Code Enforcement Officer, accompanied
by payment of a nonrefundable permit fee to be determined from time
to time by resolution of the Town Board. The application shall include
the following.
B.
All completed applications are subject to a floor plan review and
approval by the Code Enforcement Officer.
(1)
The signatures of all owners or their designated agents.
(2)
A statement authorizing the Code Enforcement Officer to inspect the
property to ensure compliance with all requirements and standards
contained within this chapter.
(3)
An acknowledgment of present and ongoing compliance with the short-term
rental standards as defined in this chapter, including, but not limited
to, the demonstration of adequate off-road parking spaces for the
proposed short-term rental.
(4)
An acknowledgment of present and ongoing compliance with all Town
zoning codes.
(5)
A list of each property owner and the name of any property manager
or management agency managing the property, including names, addresses,
telephone numbers and email addresses of each.
(6)
The names, addresses, telephone numbers and email addresses of primary
and secondary alternate agents, who shall be responsible and authorized
to act on the owners' behalf to promptly remedy any violation
of the standards outlined in this chapter. These contact people may
be an owner or an agent designated by the owner(s) to serve as a contact
person and shall be able to respond on site and in person to an emergency
correspondence or concern from the Code Enforcement Officer within
30 minutes.
(7)
An accurate suitable floor plan for each level of the dwelling that
can be occupied measuring at least 8.5 inches by 11 inches, drawn
to scale and certified by the applicant. The floor plan does not need
to be prepared by a licensed professional, but must include the following:
(a)
The location of building, property lines, any septic system
and required parking.
(b)
Basement: location of house utilities and all rooms, including
bedrooms, windows, exits and any heating or cooling units.
(c)
First floor: all rooms, including bedrooms, windows, exits and
any heating or cooling units.
(d)
Second floor (if present): all rooms, including bedrooms, windows,
exits and any heating or cooling units.
(e)
Attic (if present): all rooms, including bedrooms, windows,
exits and any heating or cooling units.
C.
Owners wishing to apply for a variance relating to sleeping capacity, parking capacity or other standards stated in this chapter must seek a variance from the Zoning Board of Appeals. Variance applications will be reviewed by the Zoning Board of Appeals in accordance with § 127-45 of Wilson Town Code and applicable New York State statutes regarding the issuance of a variance.
A.
Property requirements.
(1)
Short-term rental applications can be sought for all conforming lots
in all zoning districts within the Town of Wilson.
(2)
The property must comply and meet all current NYS uniform building
codes. There shall be one working smoke detector in each sleeping
room and one additional smoke detector on each floor. Carbon monoxide
detectors shall be installed as required by the New York State Uniform
Fire Prevention and Building Code.
(3)
Evacuation procedures must be posted in each sleeping room to be
followed in the event of a fire or smoke condition or upon activation
of a fire or smoke defector or other alarm device.
(4)
There shall be an ABC fire extinguisher on each floor and in the
kitchen. Fire extinguishers shall be inspected prior to a renter occupying
the property and no less than monthly by the permit holder(s) to ensure
each contains a full charge. An annual inspection should be by a licensed
agency and along with the monthly inspection should be recorded on
the attached tag by the owner and/or owner's authorized agent.
A record of the inspections initialed by the permit holder shall be
maintained and made available to the Code Enforcement Officer upon
request.
(5)
The house number shall be located both at the road and on the dwelling
unit so that the house number is clearly visible from both the road
and the driveway. Requirements shall follow those of the Residential
Code of NYS.
(6)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(7)
The electrical system panel and branch circuits should be inspected
by a licensed electrical inspector with a certificate of compliance
issued and displayed on the panel at the time of application. Electrical
systems shall be maintained in good operating condition, labeled,
unobstructed and shall be visible for the Code Enforcement Officer
during the permitting and renewal process. Any defects found shall
be corrected prior to permit issuance.
(8)
All fireplaces shall comply with all applicable laws and regulations.
(9)
The property must have a minimum of one off-road parking space for
every two permitted occupants. Parking facilities shall be shown on
the site plan included with the application.
(10)
Maximum occupancy for each short-term rental unit shall not
exceed two people per NYS Building Code compliant bedroom shown on
the floor plan included with the application and two people maximum
per full-size convertible sleeping accommodation furniture (i.e.,
futon, hide-a-bed) also identified on the floor plan. A max of one
such convertible sleeping accommodation is allowed per property. The
maximum occupancy of a short-term rental unit shall not exceed 12
people, including permanent residents and renters.
(11)
In the event that the property has a septic system, the maximum
occupancy shall be defined by the capabilities of the septic system,
but in no event shall overnight occupancy for any short-term rental
unit exceed 12 people total.
(12)
A septic system at the property must meet all state and county
requirements including minimum capacities to meet the permitted occupant
load.
(13)
The septic system must have been pumped within the past four
years and proof of pumping and satisfactory inspection by a qualified
septic disposal firm shall be available to the Code Enforcement Officer.
Once a short-term rental permit is issued, the septic system must
be pumped at least once every four years.
(14)
The water supply to the property must meet all state and county
requirements.
(15)
No sign advertising the short-term rental shall be allowed on
the property.
(16)
A sign no larger than 8.5 inches by 11 inches shall be installed
in a weatherproof enclosure outside of the main door with emergency
contact information/phone numbers for the property owner as well as
the primary and secondary alternate agents.
B.
Insurance standards. All applicants and permit holders must provide
evidence of property insurance and a certificate of liability insurance
indicating the premises is rated as a short-term rental and maintain
such insurance throughout the term of the short-term rental permit.
Minimum general liability coverage for any short-term rental property
shall be $1,000,000.
C.
Provisions shall be made for weekly garbage removal during rental
periods in conformance with Town of Wilson standard agreement for
residential properties. Garbage containers shall be secured with tight-fitting
covers at all times to prevent leakage, spilling or odors, and placed
where they are not clearly visible from the road except at approximate
pickup time. Containers shall be replaced in the approved storage
area within 24 hours of the collection time. Garbage generated in
excess of the Town's standard shall be removed from the property
by the owner or the renter.
D.
Rental contract. All applicants and permit holders must have a rental
contract, which includes the following:
(1)
Maximum property occupancy;
(2)
Maximum on-site parking provided; and
(3)
Good neighbor statement stating:
(a)
The short-term rental is in a residential area in the Town of
Wilson and that renters should be considerate of the residents in
neighboring homes;
(b)
Guests are requested to observe quiet hours from 11:00 p.m.
through 7:00 a.m.;
(c)
All renters will be subject to New York Penal Law § 240.20
or any successor;
(d)
Littering is illegal; and
(e)
Recreational campfires must be attended.
A.
Applicant inquiry with the Wilson Code Enforcement Officer to obtain
requirements checklist, copy of this chapter of the Town Code and
application.
B.
Short-term applications shall be filed with the Code Enforcement
Officer with all supporting documentation and nonrefundable permit
fee. Only completed applications will be accepted by the Code Enforcement
Officer. The Code Enforcement Officer may decline to accept an application
for consideration for any for any of the following reasons.
C.
Upon receipt of a completed short-term rental permit application,
adjacent property owners within a 200-foot radius of the short-term
rental property will be notified of the application by the Town of
Wilson.
D.
Upon the Code Enforcement Officer's acceptance of the completed
permit application, the Code Enforcement Officer shall have 30 days
to conduct a property inspection to certify and approve that all short-term
rental requirements have been met.
A.
Short-term rental permits are subject to continued compliance with
the requirements of these regulations.
(1)
If the Code Enforcement Officer has probable cause to believe that
the homeowner is not in compliance with the provisions of this chapter,
the Code Enforcement Officer may request permission from an owner
of the short-term rental permit to enter the premises and to conduct
an inspection of the short-term rental property for purposes of ensuring
compliance with this chapter. If the property owner refuses to permit
the Code Enforcement Officer to inspect the property, the permit will
be revoked. If an inspection authorized herein is conducted, the Code
Enforcement Officer shall use the results of such inspection in determining
whether to revoke the permit.
(2)
The short-term rental permit, maximum occupancy limit, maximum parking,
contact form and standards shall be prominently displayed inside and
near the front entrance of the short-term rental.
(3)
The short-term rental permit holder shall ensure that current and
accurate information is provided to the Code Enforcement Officer and
that they notify the Code Enforcement Officer immediately of any change
in the information displayed on the permit. If, based on such changes,
the Code Enforcement Officer issues an amended short-term rental permit,
the owners must immediately post the amended permit inside and near
the front entrance of the short-term rental.
(4)
The short-term rental permit holder must conspicuously display the
short-term rental permit number in all advertisements for the applicable
short-term rental.
A.
Violations of this chapter or of any short-term rental permit issued
pursuant to this chapter shall be subject to enforcement and penalties
prescribed in this section.
B.
If the Code Enforcement Officer either witnesses or receives a written
or verbal complaint of an alleged violation of this section or of
any short-term rental permit issued pursuant to this chapter, the
Code Enforcement Officer shall properly record such complaint and
immediately investigate the report thereon. If the Code Enforcement
Officer determines there is a violation of this code, the owners shall
be notified by any appropriate means necessary based on the severity
of the violation. A hard copy of the violation shall be provided,
in writing, by first-class mail and certified return receipt mail
of said violations. In the event of any violation, the Code Enforcement
Officer may take any or all of the following actions:
(1)
Attach conditions to the existing short-term rental permit.
(2)
Suspend the short-term rental permit. The notice of suspension shall
be provided to the property owner and a copy filed with the Town Clerk.
(3)
Require corrective action that remedies the violation(s). The corrective
action must be completed and approved within 30 days of notice from
the Code Enforcement Officer or the owner risks revocation of the
short-term rental permit.
(4)
Issue a court appearance ticket for violation of a Town law.
(5)
Revoke the short-term rental permit. Should a permit be revoked,
all owners of the short-term rentals are prohibited from obtaining
a short-term rental permit on the property for one year after the
date of revocation. The Code Enforcement Officer shall send notices
of revocation to property owners and shall file a copy with the Town
Clerk. If the property owner has an additional permitted short-term
rental property, the Code Enforcement Officer shall carry out an inspection
of said properties. The property owners will be responsible for paying
additional fees per inspection for each property.
Renewal permits will be granted for a one-year term if the following
conditions are met:
A.
Application for renewal of the short-term rental permit shall be
made 30 days prior to expiration of current permit and requires payment
of renewal fee.
B.
At the time of application for renewal, the owner or designated agent
must present the previous permit for short-term rental.
C.
The property must have undergone an inspection performed by the Code
Enforcement Officer.
D.
Any violations must be remedied prior to renewal of a permit for
short-term rental.
E.
If any of the above conditions are not met, an application must be
submitted for a new permit.
The Code Enforcement Officer may immediately suspend a short-term
rental permit based on any of the following grounds:
A.
Applicant has falsified or failed to provide information in the application
for a permit or the application for permit renewal.
B.
Applicant failed to meet or comply with any of the requirements of
this chapter.
C.
Owner or guests are in violation of any provision of the Code of
the Town of Wilson.
D.
Owner or guests have violated any provision of the Penal Code of
the State of New York, when such violation occurred at, or is related
to, the occupancy of the short-term rental.
E.
Any conduct on the premises which disturbs the health, safety, peace
or comfort of the neighborhood or which otherwise creates a public
nuisance.
F.
Removal or disrepair of any safety devices such as, but not limited
to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
G.
Any incident occurring at the property that requires involvement
of the state or local police.
The property owner is entitled to appeal the Code Enforcement
Officer's determination to the Zoning Board of Appeals when a
property owner's application for a short-term rental permit or
a short-term rental permit renewal is denied or a short-term rental
permit is revoked. A notice of appeal shall be filed with the Town
Clerk and the Zoning Board of Appeals within 60 days of the Code Enforcement
Officer's filing of the denial or revocation with the Town Clerk.
A hearing shall be held by the Zoning Board of Appeals not more than
45 days after the filing of the notice of appeal.
A.
RV's/motorhomes shall not be used as stand-alone short-term
rental properties or used to supplement the maximum occupancy of the
property.
B.
Only one structure per property shall be permissible as a short-term
rental.
C.
Maximum permitted occupant load shall be determined by the most restrictive
requirements for number of compliant bedrooms/alternate sleeping accommodation,
number of available parking spaces, or the capacity of the sewer disposal
system, as applicable.
An information package shall be made available to all applicants
seeking to apply for a permit. The package shall include, but not
be limited to, the Town of Wilson law for short-term rentals, inspection
checklist, contact information form to provide emergency contact phone
numbers for the property owner, the primary alternate contact, and
the secondary alternate contact, rental contract form, and good neighbor
form.
Any approved short-term rental shall prominently display the
following:
The provisions of this chapter are declared severable, and if
any section or subsection of this chapter is held to be invalid, such
validity shall not affect the other provisions of this chapter that
can be given effect without the invalidated provision.
