[[1]HISTORY: Adopted by the Town Board of the Town of Greenport 12-28-2021 by L.L. No.
3-2021. Amendments noted where applicable.]
A.
Short-term
rentals are permitted to operate within the Town of Greenport subject
to each of the following:
(1)
Site
plan approval by the Town of Greenport Planning Board if there are
more than two bedrooms for rent in a building.
[Amended 9-6-2023 by L.L. No. 2-2023]
(2)
Registration with the Building Department in accordance with § 48-3 of this chapter.
[Amended 9-6-2023 by L.L. No. 2-2023]
(3)
A resident
of the Town of Greenport, either as an individual or through an entity
in which such individual holds equity and voting interests, may operate
up to three short-term rental units.
(4)
Any
person who owns a dwelling unit in the Town of Greenport but is not
a permanent resident of the Town of Greenport, but resides in the
Town at least 50 days per year, may operate such dwelling unit as
a short-term rental unit for up to a maximum of 315 days per calendar
year.
(5)
No short-term
rental unit shall be located above the second floor of any building
unless such floor has a fire sprinkler system or has otherwise been
constructed in accordance with the requirements of the New York State
Uniform Fire Prevention and Building Code requirements for residential
occupancy of such floors. Each sleeping room within a short-term rental
shall have affixed to the occupied side of the entrance door to the
sleeping room a written notice stating the means of egress from the
room in case of fire or other emergency, the location of means for
transmitting fire alarms, if any, and the evacuation procedures to
be followed in the event of a fire or smoke condition, or upon activation
of a fire- or smoke-detecting or other alarm device.
B.
A building or portion thereof that is not entitled to be operated as a short-terra rental pursuant to this chapter but was entitled to operate as a short-term rental prior to the adoption of this chapter may continue to so operate provided the owner registers the short-term rental in accordance with § 48-3 of this chapter within 90 days of the effective date.
As used in this chapter, unless the context clearly requires
otherwise, the following terms shall be defined as:
A building or entirely self-contained portion thereof containing
complete independent living facilities for a single family, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
Overnight accommodations, typically paid on per price night
rate, for a length of stay under 30 consecutive days.
A dwelling unit or room within a dwelling unit with its own
access and egress that is separately made available to the public
for short-term lodging accommodations and is not in a hotel or motel
that has a manager on the property for at least eight hours a day
on such days as it has rooms that are rented or available for rent.
A.
Each applicant
for a short-term rental under this chapter shall register its short-term
rental by written application on a form supplied by the Building Department
setting forth the following:
[Amended 9-6-2023 by L.L. No. 2-2023]
(1)
The
name, residence (postal address) and telephone number of the owner
of the short-term rental and the name under which the applicant intends
to do business, if different. If the owner is not a resident of the
Town of Greenport, a local contact person must also be provided.
(2)
The
exact location of the short-term rental.
(3)
A description
of the type of short-term rental, including buildings, structures
and/or rooms that comprise the registered premises.
(4)
A statement
of the number of lawful housing or lodging units at said short-term
rental and the maximum number of persons that can lawfully be accommodated
in the registered premises and each individual unit thereof at any
given time.
(5)
The
number and location of the automobile parking spaces and parking facilities
at the premises.
(6)
In the
case of any applicant that is a corporation, limited-liability company,
partnership or other entity:
(a)
The
place of incorporation or establishment of the applicant.
(b)
A
copy of the applicant's certificate of incorporation, limited-liability
organizational instruments, partnership agreement or other organizational
documentation.
(c)
Any
fictitious or assumed name under which the applicant does business.
(d)
The
names and residences of all stockholders, partners, members or other
principals holding 5% or more of any stock or other interest of the
applicant.
(e)
The
names and residences of all officers, directors, or members of the
entity and the office held by each.
(7)
Proof
of homeowner's insurance.
B.
An application
fee of $250 shall accompany the application form, along with a copy
of the executed site plan approval, if applicable, signed by the Planning
Board chairperson.
[Amended 9-6-2023 by L.L. No. 2-2023]
C.
Registrations
of short-term rentals shall be renewed every three years by application.
No additional site plan review or approval shall be required unless
modifications are significant or materially affect the previously
approved site plan.
D.
No application
shall be entertained or approved without site plan approval if the
building contains more than two bedrooms for rent in the building.
[Added 9-6-2023 by L.L. No. 2-2023]
A.
Each short-term
rental shall be inspected by the Code Enforcement Officer or Fire
Inspector to determine compliance with the New York State Uniform
Fire Prevention and Building Code. Inspections shall be scheduled
with the Building Department following registration with the Building
Department and no less than every three years thereafter.
[Amended 9-6-2023 by L.L. No. 2-2023]
B.
The Town
Board may set a fee by resolution for the cost of such inspections,
which shall be paid by the owner.
A.
This chapter
shall be enforced by the Code Enforcement Officer of the Town of Greenport
or their authorized representative, agent or employee. In addition,
violations of site plan review may be referred by the Planning Board
to the Code Enforcement Officer.
B.
Whenever
it is determined that there has been a violation of any provision
of this chapter, a compliance order may be issued to any person not
complying with prohibitions, limits, requirements or provisions of
this chapter.
C.
Compliance
orders shall be in writing and shall identify the property or premises
and shall specify the violation or remedial action to be taken and
shall provide that said violation must be corrected within 10 calendar
days from the receipt of said violation notice, unless said ten-day
period shall be modified, in writing, at the discretion of the Code
Enforcement Officer, or their representative, issuing such violation
notice.
D.
Failure
of the property owner to remove or correct the violation by the end
of the time interval specified in the compliance order shall constitute
an offense punishable by a daily fine of $1,000 per day, in addition
to and not in lieu of any other penalty or fine set forth in the Town
Code. Unpaid fines shall constitute a lien and charge against said
real property until fully and completely discharged.
E.
In the event an operator of a short-term rental is found guilty by a court of law with respect to the use of a short-term rental in violation of Chapter 48 (Short-Term Rentals), Chapter 65 (Dumps and Dumping), Chapter 72 (Garbage, Rubbish and Refuse), Chapter 90 (Noise), or Chapter 101 (Site Plan Review) of the Greenport Town Code, the right to operate a short-term rental shall be terminated for a period of two years from the date of such ruling.
