[HISTORY: Adopted by the Town Meeting of the Town of South
Hadley 5-10-2023 ATM by Art. 20. Amendments noted where applicable.]
This bylaw is adopted in accordance with the Town of South Hadley's
Home Rule Authority, in furtherance of the following public purposes:
A.
To protect the health, safety, and welfare of tenants and other citizens
of the Town of South Hadley by monitoring and enhancing compliance
with basic life safety and sanitary codes through the registration
and licensing of residential short-term rental units.
B.
To ensure safe and sanitary conditions in South Hadley's rental
housing stock.
C.
To provide clear and accessible guidelines for the operation of residential
short-term rental units for tenants, owners, landlords, and neighbors,
and to extend awareness of related Town bylaws and health regulations
related to operation of a rental property and those regulations related
to noise, alcohol and nuisance behaviors.
D.
To establish and expand awareness of the requirements for use and
maintenance of rental housing exteriors and grounds, including parking
requirements.
E.
To ensure awareness of and responsibility for occupancy limits in
rental units on the part of property owners, managers, tenants, and
neighbors.
F.
To help to stabilize, protect, and enhance the essential characteristics
of and quality of life within existing residential neighborhoods for
all residents.
Except as provided in § 136-4 below, no person, firm, trust, partnership, corporation or other legal entity may rent, or offer to rent, to individuals or households any short-term rental unit without a license issued by the Building Commissioner.
All short-term rental units regulated hereunder shall comply
with all applicable local bylaws and regulations, as well as all state
laws and health, building and fire codes. All inspections, enforcement,
and other actions taken under these regulations are authorized under
those applicable local and state laws and regulations, as amended.
Licenses shall be required of all residential properties containing
short-term rental units, or offered for that purpose, except for the
following:
A.
Lodging facilities. Hotels, motels, inns, hostels, or bed-and-breakfast
facilities.
B.
Halfway houses and group homes. Residential facilities authorized
and operated under state and federal law, congregate or similar group
housing for the elderly or disabled, halfway houses for persons with
substance abuse problems, congregate living arrangements for persons
with disabilities, or other similar housing facilities operated under
license by the Commonwealth of Massachusetts.
Under these regulations, the following terms have the meanings
indicated:
Dwelling units restricted to rental or purchase by households
with an annual income no greater than 80% of the median income for
South Hadley, as calculated by the U.S. Department of Housing and
Urban Development or any successor agency, adjusted for family size.
Such units must be countable under MGL c. 40B as part of the Town's
subsidized housing inventory.
The Building Commissioner/Zoning Enforcement Officer of the Town of South Hadley, the Health Director, the Police Chief, Fire Chief, or their designees and/or any of the inspectors or officers authorized to enforce the law, regulations and codes listed under § 136-3 of this bylaw. The specific Code Official in each instance will be the official duly designated under the relevant statute, bylaw, or regulation.
The room or group of rooms within a dwelling used or intended
for use by one family or household for living, sleeping, cooking and
eating. "Dwelling unit" shall also mean a condominium unit.
Events or conditions involving natural disasters, fire, or
other threats to the health and safety of the residents of a rental
property.
Every person who alone or jointly or severally with others:
1) has legal title to any building, structure, or property subject
to this bylaw; or 2) has care, charge, or control of any such building,
structure, or property in any capacity including but not limited to
agent, executor, administrator, trustee or guardian of the estate
of the holder of legal title; or 3) is a lessor under written agreement;
or 4) is the mortgagee in possession; or 5) is the recognized agent,
trustee or other person with care, charge, or control appointed by
the courts.
One or more natural persons who, in their individual capacity
as distinct from any representative capacity, own(s) a whole or undivided
interest in fee simple of certain real property and at least one of
whom occupies a dwelling unit thereon as his or her principal residence
(see definition).
An individual, corporation, trust, partnership (including
general partnership, limited partnership, and limited liability partnership),
and a limited liability company. In addition, any similar entity licensed
by law to hold title to real estate shall for the purpose of this
bylaw be deemed a person.
The primary residence of an individual, family (as defined
in the Zoning Bylaw), or property owner, i.e., the home where an owner,
and the owner's family if applicable, resides as their primary
dwelling; provided, however, that no person shall hold concurrent
rights in more than one principal residence, as set forth under MGL
c. 188, § 1, as amended. Regular or periodic interruptions
in residency shall not be considered to change the status of principal
residency where such interruptions are the result of illness, catastrophe,
professional or academic scheduling, or other temporary reasons for
absence which do not affect basic indices of residency. For the purposes
of this bylaw, principal residency shall be determined by the Code
Official based upon a preponderance of evidence, including but not
limited to the following indicia of residency and address, as applicable:
declaration of homestead, filing of state and federal income taxes,
voter registration, annual street list, driver's license, motor
vehicle registration, mortgage, mailing address, and telephone listing
(if any).
Any rental of all or part of a dwelling unit for 28 consecutive
days or less, including home-sharing and vacation rentals.
Licenses for short-term rental use are conditioned upon the
following:
A.
Only spaces intended for human habitation may be offered for rent
as short-term rentals. For example, the applicant cannot offer for
rent an accessory structure such as a shed or garage.
B.
Only legally established dwelling units may be offered for rent as
short-term rentals. Structures including but not limited to campers,
mobile homes, RVs, tents/tent platforms, yurts, and any other temporary
structure or mobile vehicle do not qualify as dwelling units for the
purpose of short-term rental lodging.
C.
Short-term rentals may not be advertised using any exterior signs
or displays.
D.
All short-term rental advertisements must include the license number
issued by the Town.
E.
Only owner-occupants may offer all or part of their principal residence
as a short-term rental.
(1)
Owner-occupied.
(a)
The owner-occupant or their representative must reside on the
property during the rental period to satisfy the owner occupancy requirement.
(b)
In the event the property is owned by multiple persons, related
or unrelated, only one of the persons having an ownership interest
in the property must reside on the property to be owner-occupied.
(c)
In the event the property is owned by a business entity, a designated
owner representative must reside on the property in a permanent or
ongoing basis to carry out the functions as if they were the owner
of the property.
(2)
Non-owner-occupied.
(a)
The owner-occupant must be the license applicant.
(b)
The owner-occupant does not reside on the property during the
rental period; however, they assume all responsibility for the operation
and maintenance of the property, including but not limited to any
complaints as herein defined.
(c)
In the event the property is owned by a business entity, a designated
owner representative must be identified including their name and contact
information.
F.
Licensees shall maintain liability insurance appropriate to cover
short-term rental use.
G.
Short-term rentals may only be rented to one party or group at a
time; individual rooms may not be rented to separate, unrelated parties
or groups at the same time.
H.
The number of individual bedrooms made available for short-term rentals
within a dwelling unit shall not be greater than the number of lawful
bedrooms in the dwelling unit.
I.
Renting for less than 24 hours is prohibited.
J.
Commercial meetings and uses are prohibited.
A.
Application process and requirements. License applications shall
be made on forms approved by the Town, and shall provide such information
as the Building Commissioner shall deem reasonable and appropriate.
Completed applications shall be submitted to the appropriate Building
Department. Complete license applications shall be reviewed, and licenses
shall be issued within 14 working days from the date of submission.
A license application shall identify the total number of rental units
on the property. Information required as part of a license application
shall include:
(1)
Contact information. Name(s) and current contact information, including
but not limited to mailing address, telephone number and email address,
for all owners, or agent of the owner, and person who can be contacted
24 hours a day/seven days a week in case of emergency.
(2)
A list of each room, including bedrooms, offices, dens, living rooms,
kitchen, sunroom, in the dwelling unit. The list shall include for
each room: i) whether or not the room will be rented; ii) the maximum
number of overnight guests that will be allowed.
(3)
An affidavit certifying that the owner will comply with all of the
provisions of the Residential short-term rental Property Bylaw.
(4)
Compliance Through Self-Certification. Evidence of current compliance
with all applicable local zoning and regulations, as well as state
health, fire and building codes, shall be provided through submission
of an owner's self-inspection and certification checklist provided
by the Town.
(5)
Complete and accurate information required. No incomplete application
will be accepted. It shall be a violation of this bylaw for anyone
to knowingly provide false or misleading information on an application,
and may constitute grounds for fines and other penalties hereunder.
(6)
Certification by the applicant that the applicant is the owner-occupant
of the principal residence which is the subject matter of the application.
(7)
The applicant shall provide certification that there are no deed
restrictions on the property and if there are, that short term rentals
do not violate said restrictions. The applicant must provide a copy
of any restrictions.
B.
Renewal. Licenses shall be valid for a period to begin on July 1
and shall end on June 30, regardless of when a license is applied
for or approved and issued. Completed applications for license renewals
shall be submitted and received by June 15 of each calendar year.
C.
License posted. A license shall be conspicuously posted and maintained
within the premises in a common area or area as is necessary to be
visible to tenants and inspectors.
D.
Transferability. Licenses shall not be transferable upon a change
of ownership.
E.
Limits on number of licenses.
A.
Self-Certification Program. Owners of short-term rental property
governed by this bylaw shall self-inspect. and certify their properties
as required under this section. Nothing in the self-certification
program shall limit the Town's authority or the authority and/or
discretion of the Code Official to investigate and inspect a property
in response to a complaint or for other good cause, or to compel abatement
of any violation under this bylaw in a manner consistent with or required
by the laws of the commonwealth.
B.
Owner self-inspection and certification. Unless inspected by local,
state or federal government officials, an owner or local agent shall
conduct an annual inspection of the property, using a self-certification
checklist provided by the Town. The owner or agent shall sign the
checklist indicating that the information contained therein is complete
and accurate as of the date of said annual inspection, and shall submit
the checklist and any required materials along with the application
for annual renewal of the license for the property in question. Any
false statements or information provided on the checklist shall constitute
a violation of this bylaw for which the owner shall be responsible.
C.
Complaints and response process. Upon receipt of a complaint or notice of a complaint from any person alleging that the condition, operation, or use of a rental unit or property is in violation of any law or state or local requirement, including but not limited to South Hadley General Bylaw Chapter 179, Nuisances, or of any violation of this bylaw, an inspection of a premises shall be undertaken within a reasonable amount of time in accordance with the code official's duties and responsibilities. Subject to the above limitation, all rental units are subject to inspection upon complaint or request by a tenant. Issuance of a license to an owner does not preclude tenants' right to file a complaint with the Town, to which the Town must respond with an inspection in compliance with the provisions of state law and regulations. The licensee shall make a good faith effort to arrange access by authorized Town personnel to any licensed rental property for the purpose of conducting inspections within 24 hours of receiving a request.
The owner shall be required to distribute to tenants, or maintain documents on the premises for use by the tenants, the following information: 1) instructions for disposal of trash/waste per the Town's rules and regulations; 2) an emergency-exit diagram; 3) contact information for the owner or agent who is available to respond to all emergencies and problems which may arise during the rental period; 4) a copy of the short-term rental license issued by the Town of South Hadley; and 5) a copy of South Hadley General Bylaw Chapter 179, Nuisances.
The Licensee shall keep accurate books and records of all rentals,
including the name and address of the tenant based on a legal form
of identification, the length of stay and the rent charged. Said records
must be made available to the Town upon request and shall be retained
for a period of three years from the date of the transaction.
The maximum number of adult persons who may occupy a dwelling
unit shall be determined by state standards for fitness for habitation,
the State Building Code and fire regulations.
All existing parking and any new or expanded parking on residential
rental properties within the Town of South Hadley shall comply with
the South Hadley Zoning Bylaw.[1]
A.
Parking site plan. A basic parking site plan, as described below,
meeting the requirements of this section shall be developed and submitted
as part of any license application. Submission of an existing site
plan approved under a land use (zoning) license and which accurately
represents current on-site parking shall meet the requirements of
this section.
(1)
Basic parking site plan requirements. The parking site plan shall
be drawn to scale (one inch equals 20 feet preferred), as appropriate
to the site. Except as may otherwise be required by the Code Official
or under the provisions of South Hadley's Zoning Bylaw, Town
of South Hadley GIS mapping, available through the Town of South Hadley
website, may be used as the base for a site plan developed under this
section.
(2)
The basic parking site plan shall accurately depict the area within
which parking is proposed, including:
(a)
Property boundaries.
(b)
Existing driveways and pedestrian walks.
(c)
Dwellings and structures.
(d)
All existing and proposed on-site parking spaces.
(e)
Existing and proposed landscaped areas.
(f)
Fencing or other barriers or screening.
(g)
Site features such as trees over 12 inches in diameter (as measured
five feet above grade), bedrock outcroppings, steep slopes, and such
other site features as may affect parking locations.
(h)
Location for winter snow storage.
(3)
Any provision of this section with regard to basic parking site plan
requirements may be waived or modified by the Building Commissioner.
(4)
Review. Existing on-site parking and circulation shall be reviewed
by Building Commissioner for conformance with existing zoning requirements,
including but not limited to parking layout and circulation, paving,
parking space dimensions, screening, and, in consultation with the
Fire Chief, the sufficiency of circulation and vehicular access for
public safety and emergency vehicles.
The Selectboard or designee may set, and periodically revise,
a schedule of fees for license applications.
A.
Enforcement personnel: the Building Commissioner and Code Officials.
B.
Enforcement options. This bylaw shall be enforced by criminal complaint
through a court of competent jurisdiction. In addition, any person
committing a violation under this section may be subject to a fine
or issued a citation under the noncriminal disposition process of
MGL c. 40, § 21D. Furthermore, in appropriate circumstances,
a license may be modified, suspended or revoked, or a civil action
may be initiated to compel compliance herewith.
C.
Fines. The fine for any violation shall be $300 for each offense.
Each day such violation continues shall be deemed a separate offense.
Fines for other applicable local and state laws, regulations and codes,
shall be set and assessed in a manner consistent with those laws,
regulations, and codes, and the laws of the commonwealth.
D.
Suspension. The Building Commissioner is authorized to suspend a
license after a hearing. The Building Commissioner shall provide written
notice of a hearing to take place no sooner than 48 hours after notice
is sent. The Building Commissioner may suspend a license after the
hearing for the following reasons:
(1)
An owner or agent has knowingly allowed or assisted in allowing violations
of this Bylaw.
(2)
An owner or agent refuses or neglects to comply with an order of
the Code Official. The Code Official must find that the owner or agent
has not taken action to achieve compliance of the property and that
at least 90 days have expired without compliance since the date of
receipt of the enforcement order. During this time the Code Official
shall inform the owner or agent in writing that the license is subject
to suspension. Suspensions shall be as follows:
E.
Immediate suspension. In those instances where a rental unit has
been condemned or deemed an unsafe structure pursuant to health, building
and fire regulations, the license shall be immediately suspended and
shall remain suspended until as such time the property is found to
be habitable and in compliance by the appropriate Code Official.
F.
Owner responsibility. The owner shall be responsible for any violations
of this bylaw, including acts or omissions of his/her agent.
Appeals for any failure to issue a license or suspend in accordance with § 136-14D may be taken to Superior Court.
