[HISTORY: Adopted by the Town Board of the Town of East Fishkill 9-28-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
Like all communities, the Town of East Fishkill has noticed an increase in short-term rentals being advertised on websites such as Airbnb and VRBO. While the Supervisor and Town Board can understand the draw of short-term rentals in East Fishkill for both vacationers and owners of rental properties, it is imperative that safeguards are put in place to ensure that the general welfare of the community is protected.
The following provisions shall be added to the Town Code related to short-term rentals:
A. 
Applicability. These restrictions shall apply to all rentals of dwelling units for a term of 30 days or less. These rental units shall be referred to as "short-term rental properties."
B. 
Restrictions. The following restrictions shall apply to all short-term rental properties:
(1) 
The owner of a short-term rental property shall register the property with the Building Department. The information provided shall include the name, address, and contact information for the owner, as well as the name, address, and contact information for the local agent, if different from the owner. As part of the registration process, each applicant shall submit proof of compliance with state building and fire codes from an inspector and shall complete an annual fire inspection.
(2) 
Short-term rental properties shall not be located in anything other than a single-occupancy building.
(3) 
Short-term rental properties are allowed in all residential districts except in the R-1/2, the R-1/3, and the R-1/4 Zoning Districts. They shall also be prohibited on properties with nonconforming lots.
(4) 
All short-term rental properties must provide proof to the Building Department that the sanitary sewer or septic system has the capacity for the number of bedrooms in the structure.
(5) 
Short-term rental properties are prohibited from sharing a driveway with another property.
(6) 
Garbage and other refuse can only be left out for collection the night before pickup, and all refuse containers shall be removed from the curb once emptied.
(7) 
Short-term rentals may not advertise for occupancy greater than two people per bedroom.
(8) 
The owner of the property or the owner's agent must respond and be present at the property upon 60 minutes notice when the property is rented.
C. 
Fees. All properties used as a short-term rental shall pay a yearly fee of $500.
D. 
Penalties. Any person or other legal entity found to be in violation of the short-term rental restrictions shall be fined $350 for the first offense, $700 for the second offense, and $1,000 for all subsequent offenses. Upon the third offense, the Town of East Fishkill may revoke the permit for the owner to operate a short-term rental property.
If any clause, sentence, paragraph, subsection, or part of this chapter or the application thereof to any person, firm or corporation, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part of this chapter, or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
This chapter shall take effect immediately upon filing with the Secretary of State.