[HISTORY: Adopted by the Town Board of the Town of Saugerties 6-15-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
A.
The Town Board recognizes that short-term rentals can be a benefit
to the Town and residents by allowing homeowners to supplement their
income to defray the cost of housing, to remain in the community and
enjoy the ability to age in place. In addition, owner-occupied short-term
rentals provide lodging for visitors and tourists to the Town.
B.
In order to protect the health, safety and welfare of the Town and
its residents, it is necessary to regulate the rental of homes for
use as short-term rentals to ensure these dwellings meet New York
State Uniform Fire Prevention and Building Code. The Town Board finds
that short-term rentals are linked to increases in housing costs and
a decrease in housing availability for full-time residents in the
Town of Saugerties. The Town Board further finds that the short-term
rental of residential housing can operate similarly to a commercial
business use, and if unregulated, can be incompatible with the intent
of residential districts in the Town, potentially impacting residential
community character and neighborhood safety.
A.
Short-term rentals (STR) are required to receive an operating permit from the Town of Saugerties Building Department. An application shall be accompanied by a fee in an amount set forth in the Fee Schedule for the Town of Saugerties. Operating without a permit shall constitute a violation of this section resulting in the payment of fines as outlined in § 194-4 of this chapter. A STR is qualified to receive a permit only if it satisfies the following criteria:
(1)
Only single-family homes and/or permitted accessory apartments on the same tax parcel, shall be permitted to receive a short-term rental permit. Accessory apartments shall conform to the regulations of § 245-17 and maintain a certificate of occupancy from the Building Department, unless exempted.
(2)
Short-term rentals shall not be permitted for two-family or multifamily
units.
(3)
Only the property owner is permitted to register a STR. An individual
STR permit shall be required for each qualifying property.
(4)
Transfer of title. A STR permit is not transferrable between property
owners. Upon transfer of title, the new record owner shall apply for
a new STR permit as outlined in this chapter.
(5)
STRs must pass a yearly fire/safety inspection and the report of
said inspection is to be attached to the STR permit and annual renewal
applications. All STR units must comply with NYS Building Code requirements
and shall have no open violations upon permit renewal.
(6)
STRs must register with Ulster County (per Ulster County Local Law
#5 of 1991) and a copy of said registration is to accompany STR permit
applications to the Town of Saugerties Building Department.
(7)
Permit applications shall contain the following information:
(a)
The name and contact information of the property owner and/or
its designated host.
(b)
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. The guest
capacity of the structure to be rented, which shall be based on the
bedroom capacity calculation contained in § 404.4.1 of the
Maintenance Code of New York State (2020) or as may be amended.
(c)
A parking plan shall be provided to the Building Department
demonstrating that safe and adequate off-street parking can be accommodated
on site at a rate of at least one parking space per bedroom. Parking
spaces shall be at least nine feet wide by 18 feet long. An aerial
image of the property may be requested by the Building Department
to demonstrate compliance with this section.
(d)
An STR permit shall indicate if the property is served by well
and septic or community water and sewer. STRs on wells must provide
the results of a well water quality test performed at a licensed facility
to receive a permit and upon annual renewal.
A.
STR permit holders shall adhere to the following requirements when
operating a short-term rental:
(1)
STR permits are valid for 12 months from the date of issuance and
must be renewed annually by the property owner.
(2)
The property owner or the designated host will be responsible for
addressing concerns, complaints, and compliance with STR requirements
as soon as possible but no longer than two hours from the time of
notification.
(3)
Events such as weddings, concerts or parties using amplified sound
or hosting more than the guest capacity outlined in the STR permit
are prohibited. Use of a STR for such events shall constitute a violation
of this chapter.
(4)
Quiet hours shall be from 10:00 p.m. to 7:00 a.m. Three or more noise
complaints, supported by police reports, shall constitute a violation
of the STR permit.
(5)
If the information submitted in the application changes, it is the
responsibility of the owner to submit such changes in writing to the
Building Department within 30 days of the change. Failure to do so
shall constitute a violation of this chapter.
(6)
The property address must be clearly identifiable from the street
and located on the STR structure.
(7)
Garbage receptacles must be properly stored in a secure location
when not outside for garbage pickup. Bins should be protected against
animals such as racoons or bears. Garbage cans shall not be allowed
to remain outside for a period of greater than 24 hours at curbside
and shall be kept in an approved container.
(8)
A directory of information shall be provided in a visible location
in the STR. The directory and the permit application shall include
the following information:
(a)
Safety information, including fire and safety requirements and
contact information;
(b)
Emergency contact information, including contact information
for the owner(s) or designated host(s);
(c)
A safety/egress plan posted in the rental unit in a visible
location;
(d)
The designation of quiet hours from 10:00 p.m. to 7:00 a.m.;
(e)
Instructions for garbage removal including how and when to dispose
of solid waste and recyclables;
(f)
A property map identifying the street address and clearly depicting
the STR property boundaries.
A.
The owner of a property in violation of this chapter, referenced
sections or any other building code requirement shall be subject to
the following fines and procedures, including revocation of a STR
permit.
(1)
Failure to comply with the standards set forth in this chapter will
result in violations or the immediate revocation of a STR permit application
by the Building Department.
(2)
Fines. Failure of a short-term rental property owner to comply with
the requirements of this chapter either by failure to obtain a permit
or failure to comply with the terms of an issued permit shall be punishable
by a fine not greater than $500 for the first violation; a second
violation within a period of one year of a previous violation shall
be punishable by a fine of not greater than $750; a third violation,
within the same period of one year, shall be punishable by a fine
of not less than $750 nor greater than $1,000. Each day a violation
continues shall be deemed a separate and distinct violation punishable
in like manner by imposition of up to a maximum fine for each day
of violation.
(3)
Permit revocation. Violations issued by the Town Code Enforcement
Officer shall be considered at annual permit renewal. A STR permit
shall be revoked where three or more violations have been issued within
any twelve-month period from the date of first issuance and shall
be in addition to any applicable fines. Once revoked, a permit shall
not be issued sooner than 12 months after the date of revocation.
(4)
The Town Code Enforcement Officer is authorized to issue an immediate
violation. The aggrieved party has the right to appeal to the NYS
Supreme Court for an Article 78 proceeding.
B.
Grace period. At the time of adoption of the local law allowing STRs,
a property owner operating a short-term rental without a permit, or
in violation of the standards set forth herein, shall submit a STR
permit application within 120 days from the date of adoption. Any
property owner operating a short-term rental after the said period
without having submitted an application for a STR permit shall be
in violation of the STR regulations and shall immediately cease such
operations until such time that a STR permit is issued.
A.
Registry. The Town Board shall cause a registry to be prepared identifying
all properties by property owner, address, and Tax Map-Section-Block-Lot
Number, date of issuance of the STR permit, and phone number of property
owner or designated host for every property issued a STR permit. The
Building Department may, but is not required to, contact the property
owner prior to the date of renewal of the STR permit that such permit
must be renewed. Failure of the Building Department or designated
agent to contact a property owner shall not relieve the STR permittee
the responsibility of renewing the permit.
B.
The Town reserves the right to review websites, newspapers, and other
media, and to identify any properties which may be operating a STR
without a STR permit. The official shall immediately notify the Building
Inspector in writing, who shall research and inspect such property
to determine whether said property is violating these regulations.
Such inspection shall be in writing. Where a violation is found to
exist, the property owner shall be notified of such violation and
shall be required to cure same.
C.
The Town Board reserves the right to establish a cap or limit for
STR permits once per year by resolution, after conducting a public
hearing. Said cap or limit on permits must be based on available data
related to STR permits and housing in the Town, and a statement of
findings must be included in the resolution. Upon institution of a
cap or limits on permits, this chapter shall be amended to establish
regulations governing the issuance of new and renewed permit requests.
As used in this chapter, the following terms shall have the
meanings indicated:
A designated adult who resides within a fifteen-mile distance
from the STR property and is required to be available 24 hours a day
to promptly deal with emergencies and other STR renter issues and
compliance with STR operating requirements in the owner's absence.
A dwelling unit including permitted accessory structures,
in which a property owner, as defined in this section, resides less
than 180 days in the calendar year. This includes accessory apartments
located on the same parcel.
A dwelling unit, including permitted accessory structures,
in which a property owner (as defined in this section) resides for
at least 180 days in the calendar year. This includes permitted accessory
apartments located on the same parcel.
An individual or group of individuals who legally possess
an ownership interest in property, including real property such as
a parcel of land or structure thereon. The term "property owner" applies
to natural persons and artificial entities including corporations,
limited liability companies, partnerships, associations, trustees,
property managers, receivers or guardians of estates, mortgagees,
lien holders, or other business entities.
A supplementary business in a private dwelling or permitted
accessory apartment, which is rented in exchange for consideration,
monetary or otherwise, by the owner(s) in exchange for temporary occupancy
for a period of less than 180 consecutive nights and which is not
otherwise regulated as a commercial or nonresidential use, such as
a bed-and-breakfast dwelling as defined under the Zoning Chapter.
