[HISTORY: Adopted by the Town Board of the Town of Shandaken
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-6-2022 by L.L. No. 2-2022]
The Town Board finds that it is in the interest of public health,
safety, and welfare to implement regulations, including a registration
and license requirements, for the use of dwellings or dwelling units
as short-term rentals within the Town of Shandaken. The intent of
this article is to allow residents to augment their income while protecting
neighborhood character and quality of life from encroaching commercial
or business impacts, including but not limited to noise and traffic,
and to encourage traditional long-term housing use. The regulations
adopted herein are intended to ensure short-term rentals in the Town
are registered and required to meet certain minimum standards, to
ensure that the use of existing residential structures as short-term
rentals accords with the Town's plan for the future development
of the community and protects residents of the Town. To the extent
an ambiguity of meaning arises in the implementation or enforcement
of this article, the purpose and intent described herein shall guide
the decision making.
As used in this article, the following terms shall have the
meanings indicated:
An advisory document prepared by the Town Board for short-term
rental owners and occupants to facilitate the success of the short-term
rental, other land uses, and the guests and neighbor experiences by
sharing the general rules of community conduct, private property and
neighbor considerations, and the safety of residents and guests.
A renter or other person who occupies an STR on an overnight
basis for a period of fewer than 30 days or a guest of such renter
or other person.
Individual(s) or entities who are in possession of and have
an ownership interest in the STR property.
Owner whose primary residence is outside of the Town of Shandaken.
Owner whose primary residence is on the STR property.
Owner whose primary residence is in the Town of Shandaken
but not on the STR property.
A designated adult over the age of 21 years who is required
and must respond to a complaint within 30 minutes by phone and/or
one hour in person and is required and must be available and authorized
to promptly deal with emergencies and other STR guest issues and compliance
with STR operating requirements in the owner's absence. Such
authorization must be designated on the registration form and on file
with the Town and accessible by the appropriate emergency service
providers.
A dwelling or dwelling unit that is offered for rent or is
rented, in whole or part, for overnight use and occupancy for a period
of fewer than 30 consecutive nights.
A.
A short-term rental shall not:
B.
For a property purchased after the effective date of this article,
proof of a one-year ownership of a property is required for an STR.
The Town Board establishes a cap of 150 on the number of short-term
rental licenses that may be issued to nonresidents, there is no cap
on the number of licenses that may be issued to residents. The Town
Board may review the caps and may exercise its discretion to adjust
the caps by Town Board resolution from time to time if it is determined
that such an adjustment is necessary to protect the public health,
safety and welfare and promote the Town's goals for the development
of the community.
C.
Owners will be issued an initial provisional license. Following review
by the Town to assure compliance with this article, the Zoning Code
and any other applicable laws and regulations, and a successful building
inspection and having received no correspondence from notified abutters,
a fully approved license will be issued. Correspondence from abutters
will be investigated and evaluated against the provisions of the STR
law by the Town before issuing a license.
D.
The short-term rental will allow a maximum capacity of two guests
per bedroom. Children under the age of 16 years old are not to be
counted as occupants for this purpose.
E.
Renters must be provided a copy of the good neighbor flyer prepared
by the Town. The flyer will be added to the Town of Shandaken website
and available for download by the STR owner/property manager and provide
a printed copy of the flyer to renters.
F.
For STR whole home rentals, an emergency contact document bearing
the name and contact information of the owner/property manager, as
well as the 911 address of the STR, which shall be posted in a conspicuous
location in the STR and at the entrance of the property and clearly
identifiable from the street. When the owner/property manager or owner/property
manager's contact information changes, the owner/property manager
must within five business days provide written notice to the Town
and update posted renter notices accordingly. The Town will promptly
update the owner's STR registration form. The owner/property
manager is responsible for responding to complaints from neighboring
property owners.
G.
Exterior advertising on a dwelling or dwelling unit identifying it
as an STR is expressly prohibited.
H.
Address numbers shall be prominently displayed at the entrance of
the property.
I.
Each owner/property manager shall provide to each guest, or post
in a conspicuous and readily accessible location within the STR, a
property map that clearly depicts the STR's property boundaries
for the purpose of preventing trespass on neighboring properties.
J.
A gathering or party of more than 20 persons is expressly prohibited.
K.
Owner/property manager shall provide the ability for guests to make
emergency telephone calls.
L.
Campfires and fire pits must be kept less than three feet high and
less than four feet wide, burn only local wood, and must be avoided
on windy days and nights.
O.
All garbage and trash shall be kept in a wildlife-resistant container
or secured in a sturdy shed or garage at all times, except for roadside
trash pickup on the designated day. Dumpsters must not be visible
from the road or to neighbors.
A.
To obtain a license, the owner of an existing or proposed short-term
rental must submit a registration application on a form provided for
that purpose by the Town. Only one STR license shall be issued per
property. The application must include the following:
(1)
A one-time application fee and an annual license fee, which will
be established and may be amended from time to time by separate resolution
of the Town Board.
(2)
The owner name, telephone number, mailing address, and email address.
If the owner is an entity, the application must include such information
for every person that possesses an ownership interest in the entity.
Any change in the name of person(s) holding an ownership interest
in the entity shall be provided to the Town within 10 days of such
change. All persons holding an ownership interest in an entity shall
be responsible to comply with the provisions of this article and the
good neighbor flyer and each shall be liable for any violation thereof.
(3)
The STR's full address.
(4)
If applicable, the property manager name, telephone number, local
address, and email address.
(5)
Proof of property and short-term rental landlord insurance.
(6)
A floor plan drawn to scale identifying rooms with dimensions.
(7)
A statement by the owner that the STR is safe and habitable and,
to the owner's knowledge, complies with the Fire Prevention and
Building Safety Code. This statement does not supersede the Town's
authority to inspect STRs and enforce applicable laws, rules and regulations.
(8)
Ulster County registration. All STRs in the Town of Shandaken must
be registered with Ulster County.
(9)
Any other information reasonably requested.
(10)
The application must be signed by the owner before a notary.
The person signing the application shall certify under penalty of
perjury that the information provided on the application form is true
to the best of their knowledge and belief. False statements made on
the application form are punishable as a Class A misdemeanor pursuant
to § 210.45 of the Penal Law.
B.
The Town shall issue a license if:
(1)
The application includes all information required under this section.
(2)
The residence does not pose a hazard to life, health or public safety
and is in compliance with the Fire Prevention and Building Safety
Code, which compliance may be initially certified by the owner. However,
as required by this article, compliance with the Fire Prevention and
Building Safety Code must be later determined by either the Town or
a Code-certified professional retained by the property owner.
C.
Licenses will be issued on a first-come-first-served basis based
upon the date a complete application is submitted to the Town.
D.
A license:
(1)
Is valid for 12 months from issuance of the license.
(2)
Fee shall be paid by STR registrant for 12 months of licensing and
shall not be prorated or refunded for any reason.
(3)
Shall not be transferred or assigned by the owner listed on the application
form and shall not be conveyed with a sale or transfer of the property.
E.
If an STR licensee seeks to renew the license for a subsequent twelve-month
period, a renewal application must be submitted at least 30 days prior
to the expiration of the existing STR license, which renewal is subject
to the following requirements:
(1)
The owner pays a renewal license fee;
(2)
The owner provides updates of any changes to the information required;
and
(3)
The Town or Code-certified professional retained by the owner has
conducted an on-site inspection to confirm the structure is in compliance
with the Fire Prevention and Building Safety Code prior to the initial
license issuance and a fire inspection every third year thereafter.
A.
The Town shall provide a packet of information with each license
summarizing the restrictions applicable to the short-term rental use,
including, but not necessarily limited to:
B.
The owner/property manager of a short-term rental use must:
(1)
Provide renters a copy of the information packet.
(2)
Provide renters a copy of the good neighbor flyer (at the owner's
expense).
(3)
Post the packet conspicuously in the common area of the licensed
rental unit.
(4)
Post the license number conspicuously within the residence.
(5)
Attach the license number to each platform and advertisement.
C.
The Town shall mail notice of the contact information for the owner/property
manager to the owner(s) of all properties abutting the short-term
rental property at the owner's expense.
If the Town Building/Zoning Department reasonably believes that
there is a violation of this article of the Fire Prevention and Building
Safety Code, the Town may make inspections to ensure compliance with
this article. For the purpose of performing inspections, the Town
or a representative may enter, examine and survey, at all times, the
entirety of the STR premises on presentation of the proper credentials.
The owner/property manager of an establishment, or the person in charge,
shall give the Town free access to the building. The Town will schedule
such inspections in advance, unless in the case of imminent danger,
in which case the Town may request access without an advance appointment.
To be in compliance, the following minimum requirements shall be met:
A.
Be compliant with the Fire Prevention and Building Safety Code, including
but not limited to:
(1)
There shall be one functioning smoke detector in each bedroom and
at least one functioning smoke detector in at least one other room,
one functioning fire extinguisher in the kitchen and at each primary
exit, and at least one carbon monoxide detector.
(2)
Exterior doors shall be operational, and all passageways to exterior
doors shall be clear and unobstructed.
(3)
Electrical systems shall be serviceable with no visual defects or
unsafe conditions.
(4)
All fireplaces, fireplace inserts or other fuel-burning heaters and
furnaces shall be vented and properly installed.
(5)
Each bedroom shall have an exterior exit that opens directly to the
outside, or an emergency escape or egress type window.
Except as provided for in § 101-3A(1) above, no person may operate a short-term rental unless a license for the operation, in the name of the owner and for the specific property has been issued by the Town Clerk's Office and is currently valid and in good standing.
A.
This article may be enforced by the Building Inspector, Code Enforcement
Officer or any other officer, employee or agent appointed by resolution
of the Town Board. For purposes of this article, all such persons
are considered a code enforcement officer or "CEO". All such enforcement
officers are authorized to issue violation notices and appearance
tickets.
B.
Whenever the Town determines that there is a violation of any provision
of this article, any rule or regulation adopted pursuant to this article
or the Fire Prevention and Building Safety Code, or determines that
there has been a failure to comply with any provision or requirement
related to the registration, reporting, collection, accounting, disclosure
or payment of County bed taxes the Town shall serve upon the owner
an order, in writing, directing the owner to remedy and correct the
violation within the time specified in the order.
C.
If, after the expiration of such period, the violation is not remedied
and corrected, the Code Enforcement Officer may serve an appearance
ticket upon the owner requiring the owner to appear before the Town
Justice of the Town of Shandaken at a time to be specified in such
notice.
D.
Whenever the Town finds that an emergency condition exists, which
condition requires immediate attention in order to protect the health
or safety of the public or of any owner or occupant, the Town may
issue an order by service of notice in a manner set forth above and
reciting the existence of such emergency condition requiring that
remedial action be taken immediately. Any person to whom such an order
is directed shall comply therewith immediately.
E.
Failure to comply with an order when notice has been provided in
accordance with this article shall constitute a separate and distinct
violation of this article.
F.
Each calendar day a violation occurs or continues shall constitute
and be deemed a separate and distinct violation.
G.
In addition to and not in lieu of any other remedies, any person
who violates any provision of this article, any rule or regulation
adopted pursuant to this article or the Fire Prevention and Building
Safety Code, or who violates or fails to comply with any lawful order
promulgated hereunder shall be guilty of a violation and, for a first
conviction thereof, shall be subject to a fine in an amount not less
than $100 nor more than $150; for conviction of a second violation
committed within 12 months of the first violation, such person shall
be subject to a fine in an amount not less than $250 and not more
than $500; for conviction of a third violation committed within 12
months of the first violation, such person shall be subject to a fine
in an amount not less than $750 and not more than $1,250; for conviction
of a fourth violation and for each subsequent violation committed
within 12 months of any prior violation, such person shall be subject
to a fine in an amount not less than $2,000 and not more than $3,000
or a maximum of 15 days imprisonment, or both.
H.
If a person has gained a profit through the commission of any violation
of this article, any rule or regulation adopted pursuant to this article
or the Fire Prevention and Building Code, then the court, in lieu
of imposing the penalty authorized for the offense under one of the
above subsections, may sentence the defendant to pay an amount, fixed
by the court, not exceeding double the amount of the defendant's
gain from the commission of the offense. The court shall make a finding,
after a hearing, as to the amount of the profit gained by the defendant's
conduct.
I.
Upon a third conviction within a twelve-month period, the owner's
license to operate the STR shall be deemed suspended for a period
of six months. Upon the suspension of such license, the premises shall
cease to be used as a short-term rental until such time as the license
is reinstated. Use of the premises as a short-term rental during the
license suspension period shall constitute a violation of this article.
J.
A renewal license shall not be issued and no license shall be issued
to any other person for the subject premises until all violations
for which the owner has been convicted are remedied and corrected.
K.
Civil penalties and injunction. In addition to and not in lieu of any other remedies, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to obtain civil monetary penalties and compel compliance with or to restrain, by injunction, the violation of this article or any order promulgated hereunder. The civil monetary penalties shall be in accordance with and not exceed the monetary penalties set forth in Subsection G above.
