This chapter shall be entitled, "Short-Term Residential Rentals
Law of the Town of Webb."
This chapter is authorized by the Municipal Home Rule Law of
the State of New York.
Words and terms used in this chapter shall be interpreted and
defined as indicated below. All other words and terms shall have the
meanings commonly attributed to them. Doubts as to the precise meaning
of any words or terms shall be clarified by the Board of Appeals under
its power of interpretation.
BEDROOM
A lawful room or area within a residence used for sleeping
which complies with the NYS Uniform Fire Prevention and Building Code
as a sleeping area.
BED-AND-BREAKFAST
An owner-occupied residential single-family dwelling having
a valid conditional use permit that makes available a room or rooms
for overnight accommodations to transient guests and does not serve
meals to the general public.
MAXIMUM OCCUPANCY
Maximum number of persons allowed to occupy any single-family
dwelling as determined by the provisions of the NYS Uniform Fire Prevention
and Building Code and NYS Department of Health Appendix 75-A.
RENTAL
The rental, lease, use or occupancy of any single-family
dwelling by any person or persons other than the owner or owner's
family and where the owner of the property receives consideration
for the temporary use of the property in money, goods, services or
other form of compensation for such use, but not where the use is
permitted for family, friends or other situations not involving consideration
or compensation for the use.
SINGLE-FAMILY DWELLING
Any individual dwelling unit providing complete cooking,
bathing, sanitary, living and sleeping areas, as part of a two-family,
multifamily, townhouse or condominium. In the case of more than one
single-family dwelling being subject to this chapter, each such single-family
dwelling that will be used as a short-term rental shall be required
to have its own permit.
Any lawfully existing dwelling that is rented, leased or occupied by a person or group of people other than the owner and/or his or her family, under the conditions set forth in the definition of "rental" in §
387-4 hereof, for any period of time more than 14 cumulative days in a calendar year and less than six consecutive months shall require a current rental permit issued by the Code Enforcement Officer. An approved rental permit is valid for a period of 24 months from the date of issue and may be renewed pursuant to the terms of this chapter for each successive twenty-four-month period during which rentals take place.
The form and content of a short-term rental permit application
shall be as determined by the Town of Webb Code Enforcement Officer
and/or the Town Board and shall contain such information as the Code
Enforcement Officer and/or Town Board deems necessary to determine
the sufficiency of the application. Such application shall contain,
at a minimum:
A. The property address and tax map parcel number.
B. The total
number of dwelling units located on the property.
C. The size
and number of bedrooms inside each building proposed to be rented.
D. A plan
showing the location of designated emergency egress and rescue windows
to the extent such features are required under current law, code or
regulation.
E. A signed
certification by the property owner(s) attesting to the fact that:
(1) To
the best of their knowledge the property is fit for human habitation
and safe.
(2) The
owner will comply with all of the conditions and restrictions of the
rental permit.
(3) No
portion of a cellar or attic within the rental area shall be used
for habitable space of any kind, unless approved by the Code Enforcement
Officer under the same conditions that would allow such use pursuant
to the NYS Uniform Fire Prevention and Building Code, and NYS Department
of Health Appendix 75-A.
(4) To
the best of their knowledge the property is in compliance with all
the provisions of this chapter, the applicable provisions of the Town
Code and the New York State Uniform Fire Prevention and Building Code.
(5) The
required permits and certificates of compliance are in place for all
existing structures on the property.
F. Contact.
The owner shall designate a property representative who shall be immediately
available, for the purpose of:
(1) Responding
within a reasonable time under the circumstances, but in no case later
than 24 hours after notification to complaints regarding the use or
conduct of occupants of the rental property and taking remedial action
to resolve any such complaints in a reasonable length of time;
(2) The
name, address, and telephone number of the owner and the property
representative shall be kept on file with the Code Enforcement Officer
at all times.
G. Such other
information as the Town may require to satisfy the intent of this
chapter.
Prior to issuance of any permit or renewal thereof issued under
this chapter, the Code Enforcement Officer shall inspect each rental
unit to verify compliance with all local laws, the NYS Uniform Fire
Prevention and Building Code, proper sanitary disposal, the availability
of sufficient lawful parking areas and compliance with the terms and
conditions of any current permit. A failure of any of the above requirements
shall stay issuance of a permit until compliance is demonstrated to
the Code Enforcement Officer.
A copy of the valid permit, a copy of the inspection report
and the maximum number of occupants allowed in the residence shall
be conspicuously posted in the dwelling at all times. The names, and
phone numbers of the responsible property representative or manager
of the property shall be posted in a conspicuous location inside the
building at all times.
Upon application for an initial permit as of the date of enactment
hereof, the permit fee shall be $800 for any rental unit comprised
of one to three bedrooms and $1,600 for a rental unit comprised of
four or more bedrooms. The Town Board is authorized to adjust the
permit fee from time to time as it deems reasonable by passage of
a resolution.
Any lawfully existing single-family dwelling that is rented,
leased or occupied by one family or family unit for less than 14 cumulative
days in a calendar year or for six or more consecutive months shall
be exempt from this section. Subletting or subleasing by the occupants
for a period of less than six consecutive months would automatically
void this exemption and a rental permit would be required subject
to all the terms, conditions and requirements as stated above. The
renting of individual rooms to separate entities would also void this
exemption. Any property currently regulated by NYS Department of Health,
such as a cottage colony or similar is likewise exempt from this chapter.