Village of Woodsburgh, NY Short-Term Dwelling Units

Notwithstanding any other provision of this Code, except as otherwise provided in this section, short-term dwelling units are prohibited in all zoning districts in the Village. Any person, acting as owner, occupant, person with authority to permit use or occupancy of any property in the Village, or as agent for any such person, who shall establish, maintain, operate, let, lease, rent or suffer or permit a property in the Village to be used as a short-term dwelling unit except as permitted by this section shall be guilty of a violation.

No short-term dwelling unit shall be established, maintained, operated, let, leased, rented, or used without first obtaining a short-term dwelling permit from the Village, as authorized in this section. Any person, acting as owner, occupant, person with authority to permit use or occupancy of any property in the Village, or as agent for any such person, who shall establish, maintain, operate, let, lease, rent or suffer or permit a property in the Village to be used as a short-term dwelling unit without a short-term dwelling permit shall be guilty of a violation.

A short-term dwelling permit shall authorize the maintenance, operation, rental, lease or use of premises for use as a short-term dwelling unit for up to 90 consecutive days.

No short-term dwelling permit may be obtained or issued for a dwelling unit for use as a short-term dwelling unit more often than two times in any calendar year.

Each person obtaining a short-term dwelling unit shall pay a permit fee to the Village in an amount determined from time to time by resolution of the Board of Trustees.

Short-term dwelling permits shall be issued by the Village Clerk, upon submission of a properly completed application form promulgated for such purpose by the Village Clerk, which form shall be filed with the Village Clerk not less than 15 days prior to the term for which the short-term dwelling permit is sought, and payment of all required fees. No such permit shall be issued for any premises at which a violation of this section has occurred within the twelve-month period prior to the proposed commencement date of the occupancy for which the short-term dwelling permit is requested.

No short-term dwelling permit shall be transferable to or used by any occupant other than an occupant listed in the permit application.

An application form for a short-term dwelling permit shall include, at a minimum, the following information:

(1)

The legal name, contact information (including e-mail and cell phone) and mailing address of the owner of the property and the principal proposed occupant of the property;

(2)

The physical and mail address of the property which is the subject of the permit;

(3)

The written sworn or acknowledged consent of the owner of the property;

(4)

The name and contact information for a representative of the property owner as an emergency contact, who must be located within Nassau County or within 25 miles of the Village, and who must be available to manage the property at all times during the period of the transient use;

(5)

Certification that the owner has procured liability insurance for the entire period of the short-term dwelling unit permit;

(6)

Such other information as may be required reasonably by the Building Department to determine whether the property and/or dwelling unit may be registered, or a permit issued, for occupancy as a short-term dwelling unit.

Upon issuance of a short-term dwelling permit, and at least five days prior to the commencement of any use or occupancy of a premises pursuant to such permit, the owner of the property which is the subject of such permit, or the duly authorized agent of such owner, shall provide written notice, by first class mail or personal delivery, to the owners or occupants of each abutting property, informing those neighbors that a short-term dwelling permit has been issued and providing the name and contact information for the emergency contact person. Proof of such notice shall be filed with the Village Clerk at least five days prior to the commencement of occupancy of the property pursuant to the permit.

Any person who suffers, permits, causes or commits any of the following acts with respect to a short-term dwelling unit shall be guilty of a violation:

(1)

Any act in violation of a requirement or prohibition in this section;

(2)

Making a false statement in a permit application;

Any short-term dwelling permit issued pursuant to this section may be suspended or revoked by the Mayor or the Superintendent of the Building Department for due cause, in addition to any other applicable penalty provided by law. Written notice of such suspension or revocation shall be given promptly by the Village Clerk to the owner and the proposed occupant. The Board of Appeals shall have jurisdiction to hear and determine any appeal from such suspension or revocation, and any person aggrieved by a determination to suspend or revoke a short-term dwelling permit may appeal in writing to the Board of Appeals within 15 days after such written notice.