This article is adopted in accordance with Articles
9 and 16 of the Town Law of the State of New York, which grants the Town of Olive the authority to enact local laws for the purpose of promoting the health, safety and welfare of the Town, and in accordance with Municipal Home Rule Law, Article
2, § 10, that gives the Town of Olive the power to protect and enhance its physical environment. This article authorizes the Code Enforcement Officer to issue permits to property owners to operate short-term rental units, per the provisions set forth in the following sections.
As used in this article, the following terms shall have the
meanings indicated:
BEDROOM
An interior room that functions as a sleeping room, with
at least two means of egress (e.g., window, door).
CAMPSITE
Any place where any bedding, sleeping bag, or other sleeping
matter, or any stove or fire is placed, established, or maintained,
whether or not such place incorporates the use of any membrane structure,
platform, lean-to, shack, or any other structure.
HOST
A designated adult, 21 or older, who resides within a 30-mile
radius of the STR, and is required to be available to promptly manage
emergencies and other STR renter issues. The host should understand
STR rules and regulations, and be able to comply with STR operating
requirements in the owner's absence.
HOUSE RULES
A set of rules that applies to renters of short-term rental
units while occupying the unit, set forth by the owner prior to any
rental occurrence or lease.
RENTAL
An agreement where payment is made for temporary use of property
owned by another.
RENTAL ARBITRAGE
The practice of renting or leasing properties and subletting
them on STR platforms with or without the knowledge or consent of
the property owner.
SHORT-TERM RENTAL (STR)
A supplementary business within a private residence, accessory
dwelling unit, or portion thereof; and in which no public restaurant
or other commercial services are offered; and that is rented or leased
to a turnover of transient guest(s) for no more than 30 days per rental
and/or lease occurrence, listed on STR platforms such as, but not
limited to Airbnb, VRBO, Hometogo, etc.
TINY HOUSE
A dwelling unit with a maximum of 37 square meters (400 square
feet) of floor area, excluding lofts.
WASTEWATER
Includes, but is not limited to, laundry, toilets, and showers.
YURT
A circular tent that may be used as an accessory dwelling
unit if it meets NYS building requirements, and approval from the
Building Department.
Chapter
114 of the Code of the Town of Olive will be added to the Town of Olive Code.
If any part or provision of this article is judged invalid by
any court of competent jurisdiction, such judgment shall be confined
in application to the part or provision directly on which judgment
shall have been rendered and shall not affect or impair the validity
of the remainder of this article or the application thereof to other
persons or circumstances. The Town hereby declares that it would have
enacted the remainder of this article even without such part, provision,
or application.
This article shall become effective immediately upon the filing
in the office of the New York Secretary of State pursuant to § 27
of the Municipal Home Rule Law.