[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:
GOOD NEIGHBOR FLYER
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.
GUEST
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.
OWNER
Individual(s) or entities who are in possession of and have
an ownership interest in the STR property.
OWNER/PRIMARY
Owner whose primary residence is on the STR property.
OWNER/SECONDARY
Owner whose primary residence is in the Town of Shandaken
but not on the STR property.
PROPERTY MANAGER
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.
SHORT-TERM RENTAL (STR)
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.
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.