[HISTORY: Adopted by the Board of Trustees of the Village
of Wappingers Falls 12-13-2023 by L.L. No. 3-2023. Amendments noted where
applicable.]
The Village of Wappingers Falls Board of Trustees has determined it is in the best interest of the Village and its residents to regulate short-term rentals. The Village Board recognizes the benefits of short-term rentals to allow homeowners to supplement their income to defray the cost of housing and to provide lodging for visitors to the Village. However, to protect the health, safety and welfare of the Village and its residents, it is necessary to restrict the rental of dwelling units for terms shorter than 30 consecutive days because such use has the potential to negatively impact residential neighborhoods by allowing what are effectively transient lodging uses in buildings and areas where commercial uses may not be permitted. In addition, the presence of short-term rentals also can lead to a reduction in the affordable housing supply by removing dwelling units from the market and driving up demand for the limited remaining housing supply. This can result in fewer available units and increased prices or rents for those units. The Village Board believes that the restrictions and requirements imposed herein further the Village's goals and objectives and promote the protection of the health, safety and welfare of the Village and its residents. This chapter describes procedures and requirements for obtaining a permit for a short-term rental and is intended to operate in conjunction with the regulations of the Village of Wappingers Falls Code Chapter 151, Zoning.
As used in this chapter, the following words shall have the
meanings indicated:
Any person, partnership, corporation, limited liability company,
trust, governmental entity or other legal entity having a fee interest
in the real property to be used as a short-term rental.
A natural person, a living human being.
The domicile and principal dwelling that a person inhabits
and resides in for the majority of a year. If title to the property
is not held in the name of a natural person, then the following shall
apply: if the property is held in the name of a trust, the person
that inhabits the residence must be a grantor or a beneficiary of
the trust; if the property is held by an entity other than a trust
(corporation, limited liability company, partnership, etc.), the resident
must be a majority owner of, or have a majority interest in, the entity.
A person for whom the dwelling containing the short-term
rental is their primary residence.
A portion of a detached single-family dwelling made available
for rent or lease, or otherwise assigned, for an occupancy of fewer
than 30 consecutive days. The term "short-term rental" does not include
dormitories, hotels, inns, bed-and-breakfast establishments, or boardinghouses
or rooming houses as regulated by the Village of Wappingers Falls
Zoning Law,[1] and does not include the use of any accessory structure(s)
for dwelling purposes. The following are types of short-term rentals:
HOSTED SHORT-TERM RENTALA short-term rental where the resident who lives in the dwelling is residing in the dwelling overnight with their guest(s).
UNHOSTED SHORT-TERM RENTALA short-term rental where the resident who lives in the dwelling is not present in the dwelling overnight with their guest(s). Unhosted short-term rentals are prohibited in the Village.
A.
Permit required. It shall be unlawful to use, establish, maintain, operate, rent or lease, or advertise for rent or lease, any property as a short-term rental within the Village of Wappingers Falls without first having obtained a short-term rental permit for such purpose in accordance with provisions of this chapter, and without having obtained any requisite planning or zoning approvals required by Chapter 151, Zoning. Any required planning and zoning approvals must be obtained prior to the issuance of a short-term rental permit. The failure or refusal to obtain a short-term rental permit prior to the commencement of a short-term rental use shall be deemed a violation of this chapter.
B.
Zoning use authorized. Subject to the conditions set forth in this chapter, a property owner may obtain a short-term rental permit only where such use is permitted by Chapter 151 in the zoning district in which the property is located.
C.
Advertisement. If the rental is advertised, the short-term rental
permit number must be included in the listing.
D.
Presumptive evidence. The presence or existence of any of the following
shall create a rebuttable presumption that a property is being utilized
as a short-term rental:
(1)
The property is offered for lease or rent on a short-term rental
website, app or social media, including, but not limited to, Airbnb,
HomeAway, VRBO or similar websites, apps or social media; or
(2)
The property is offered for lease or rent by the use of any other
advertising mechanism for a period of fewer than 30 consecutive days.
A short-term rental permit shall be issued annually and shall
expire on the last day of December next succeeding the date of issuance,
unless sooner terminated or revoked. A property owner may apply for
renewal for the following calendar year up to 90 days prior to the
expiration of the permit but no later than 30 days prior to such expiration.
A.
Application. An application for a short-term rental permit shall
be made to the Code Enforcement Officer on forms provided by the Village
and signed by all owners of the property. The form and content of
the permit application shall be as determined from time to time by
the Village and shall request such information and materials as the
Village deems necessary. Such application shall contain, at a minimum,
the information required by this chapter and the following:
(1)
The name, address, e-mail address, and telephone number of the property
owner.
(2)
Property information, including:
(a)
The property address and Tax Parcel ID number;
(b)
The total number of bedrooms and bathrooms in the dwelling;
(c)
The number of bedrooms occupied by the resident(s) of the dwelling;
(d)
The total number of bedrooms proposed for short-term rental
use;
(e)
The square footage and ceiling height of bedroom(s) to be used
for short-term rental;
(f)
A sketch indicating the location of each bedroom in the dwelling
to be rented, and two means of egress from each such bedroom; and
(g)
The number of persons to be accommodated in each short-term
rental bedroom.
(3)
Certification that the property is the resident's primary residence.
Primary residency shall be verified by one of the following:
(a)
Proof of receipt of New York State STAR Credit or STAR property
tax exemption for the short-term rental property; or
(b)
A copy of a filed federal or state tax return showing the owner
being domiciled at the property address; or
(c)
Other evidence satisfactory to the Village that the property
meets the primary residence criteria.
(d)
The Village shall have the final authority to determine whether
a property is a primary residence.
(4)
Proof of insurance coverage for the short-term rental use.
(5)
A sketch map or photos of the site sufficient to show the location
of the driveway, the number and location of existing on-site parking
spaces, and the number of on-site parking spaces available for the
short-term rental. It is not necessary for the sketch map to be prepared
by a licensed professional surveyor or engineer.
(6)
A certification in a form acceptable to the Village Attorney signed
and authorized by the property's resident attesting to the fact
that:
(a)
The property is the resident's primary residence and the
resident will reside in the dwelling during the rental;
(b)
That the property is fit for human habitation and is safe;
(c)
That the resident will comply with all of the conditions and
restrictions of the permit;
(d)
That no portion of the area to be used for the short-term rental
will utilize a cellar or attic, or any portion thereof, as habitable
space unless it meets the requirements of the New York State Uniform
Fire Prevention and Building Code; and
(e)
That the property is in compliance with all of the provisions
of this chapter, the applicable provisions of the Village Code, and
the New York State Uniform Fire Prevention and Building Code.
(7)
A non-refundable application fee, in accordance with the Fee Schedule
established by the Village Board, payable upon application. In no
instance shall the filing of an application or the payment of an application
fee be construed as permission to operate a short-term rental, or
to exonerate the property owner and resident from responsibility for
compliance with the building, housing, fire and maintenance requirements
of any local, county, state or federal agency having jurisdiction.
(8)
If a short-term rental will serve food that is freshly prepared on
site, a Food Service Permit from the Dutchess County Department of
Behavioral and Community Health may be required.
(9)
Such other information and/or documentation deemed necessary by the
Code Enforcement Officer.
B.
Inspection. In submitting the application for the issuance of a short-term
rental permit or any renewal, the property owner consents, and must
provide evidence that the property resident, if different, also consents,
to a fire and safety inspection of the property by the Village Building
Inspector, or a NYS licensed engineer or architect, prior to the issuance
of the initial permit and prior to the issuance of any permit renewal
confirming that the property is in compliance with this chapter and
all other applicable provisions of the Village Code and the New York
State Uniform Fire Prevention and Building Code. Prior to such inspection,
all fire extinguishers shall be certified as operational by a third
party with a maintenance tag, and appropriate paperwork provided to
the Village. The inspection will confirm that the short-term rental
contains smoke and carbon monoxide detectors in appropriate locations
as required by the New York State Uniform Fire Prevention and Building
Code, as well as at least one functioning fire extinguisher, and two
safe means of ingress/egress for each rented bedroom. The property
owner or resident shall also provide an affidavit attesting that all
smoke detectors and carbon monoxide detectors are in good working
order. The inspection report shall indicate the number of bedrooms
in the dwelling permitted by the certificate of occupancy and/or as
permitted by the size of the sanitary sewage disposal system approved
for the dwelling by the Dutchess County Department of Behavioral and
Community Health. For an inspection by the Village Building Inspector,
a non-refundable inspection fee shall be payable upon application
in accordance with the Fee Schedule established by the Village Board.
If the Building Inspector or NYS licensed engineer or architect determines
that the short-term rental space is not in compliance, any existing
permit shall be revoked, and the property owner and resident shall
cease use of the dwelling unit as a short-term rental until all noncomplying
elements have been corrected, as confirmed by re-inspection by a NYS
licensed engineer or architect or by the Building Department, which
shall be subject to an additional fee as set forth in the Fee Schedule.
C.
Permit fee. A non-refundable permit fee shall be payable upon issuance
of the permit in accordance with the Fee Schedule established by the
Village Board.
D.
Duty to amend. If the information submitted as part of the permit
application changes at any time after submittal, it is the responsibility
of the property owner and resident to submit such changes to the Code
Enforcement Officer in writing within 30 days of the occurrence of
such change. Failure to do so shall be deemed a violation of this
chapter.
A short-term rental permit may be renewed by application to the Code Enforcement Officer as in the case of an original permit application as outlined in § 124-5 above. All applications for a renewal of a permit shall be filed within the time frame outlined in § 124-4 above. A permit may only be renewed by the same owner for the same property upon the payment of the requisite fees.
A.
Transferability. Only the owner of the property containing a proposed
short-term rental may apply for a short-term rental. Short-term rental
permits are specific to the designated owner and property, and cannot
be transferred to other owners or properties. Any owner who purports
to transfer a permit, or who uses a permit that has been transferred,
shall be in violation of this chapter.
B.
Primary residence. It shall be unlawful for any owner to use, establish,
maintain, operate, rent or lease any property as a hosted short-term
rental if the property is not the owner's or their tenant's
primary residence. The property used as a hosted short-term rental
shall be the primary residence of such person at all times during
the term of the permit. A property owner may operate only one short-term
rental in the Village.
C.
Violations. No short-term rental permit shall be issued to any resident
or for any property with an outstanding notice of violation under
the Village of Wappingers Falls Code, nor to any resident or property
with a permit that was suspended or revoked and remains uncured, or
that was suspended or revoked two or more times during the two-year
period preceding the year applied for.
D.
Authority of Code Enforcement Officer. The Code Enforcement Officer
may issue a permit upon such restrictions and conditions as he/she
deems reasonable and necessary under the circumstances.
E.
Conditions and restrictions of permit. All permits issued pursuant
to this chapter shall be subject to the following conditions and restrictions,
whether or not they are itemized on the permit:
(1)
Signage. There shall be no signage on the property advertising or
identifying any portion of the property as a short-term rental.
(2)
Residential appearance and character. All outward appearances of
the property in which the short-term rental will be located must remain
residential in character. A short-term rental shall be conducted in
a manner which does not give the outward appearance of a business,
does not have commercial-type outdoor lighting, does not infringe
on the right of neighboring residents to enjoy the peaceful occupancy
of their residential premises, and does not alter the residential
character of the property or the neighborhood.
(3)
Parking. Off-street parking shall be required if the short-term rental is rented during times when the snow ordinance is in effect. Such off-street parking shall be located on the parcel on which the short-term rental is located, and shall comply with § 151-44 of the Village Code.
(4)
Bedrooms. The use of any single-family dwelling for a short-term rental shall not result in an increase in the total number of permitted bedrooms indicated in the inspection report pursuant to § 124-5B herein.
(5)
Number of guests. No more than two guests per bedroom may be accommodated
on any occasion. Children under five years of age shall not count
towards this maximum.
(6)
Traffic. Traffic attributed to the short-term rental must not result
in significant adverse impacts to existing traffic patterns nor create
a hazard to pedestrians in the neighborhood.
(8)
Assembly. It shall be unlawful for a short-term rental property to
be utilized for any type of assembly. As used in this chapter, assembly
shall include, but not be limited to, a wedding; bachelor or bachelorette
party; or any similar party, activity or gathering; or a luncheon,
banquet, or meeting; or similar activities.
(9)
Meals. No restaurant may be operated, and no meals may be prepared
or served to guests other than the rental occupants of the short-term
rental. Meals served to permitted occupants of the short-term as in
a typical "bed-and-breakfast" are permitted.
(10)
Non-habitable structures. No part of the property shall be offered
or used as a short-term rental that is not approved for residential
use, including, but not limited to, a recreational or other vehicle
parked on the property, a storage shed, recreation room, trailer,
garage, or any temporary structure such as a tent or treehouse.
(11)
Transient recreational use not part of short-term rental use.
It shall be unlawful for a property owner and resident to offer for
use, rent or lease, or advertise for use, rent or lease, any portion
of the residential property, such as pool or hot tub rentals, party
or yard rentals, or sport court rentals, to any third-party for transient
recreational use separate from a permitted short-term rental use.
(12)
Postings. The resident shall post a copy of the following in
an open and conspicuous place in the rental unit, readily visible
to all guests:
(13)
Registry of guests. The owner or resident of the short-term
rental shall maintain a true and accurate registry of the short-term
rental use, including the dates and total number of days rented, number
of bedrooms rented, and number of short-term rental occupants. Such
registry shall be retained for at least three years, and shall be
available for inspection by the Code Enforcement Officer upon request.
(14)
Hotel occupancy tax. The property owner shall be responsible
for payment of the hotel occupancy tax to Dutchess County either directly
or through Airbnb or other similar websites, apps or social media,
if applicable, and for collecting and remitting all applicable occupancy
and sales taxes required by state and/or county law.
(15)
Compliance with applicable laws. The property owner and resident
shall comply with all applicable state, federal, and local laws.
(16)
Conditions and restrictions. It shall be unlawful for a property
owner or resident to violate, fail, neglect or refuse to fully comply
with any condition, restriction or requirement of the short-term rental
permit.
A.
Basis for denial. Any application for a short-term rental permit, including the renewal of a permit, may be denied for the reasons set forth in § 124-10.
B.
Basis for revocation. Any permit for a short-term rental may be revoked for the reasons set forth in § 124-11.
C.
Form of denial or revocation. In the event an application is denied
or revoked, notice of the denial or revocation shall be given in writing
by first class mail to the owner at the address shown on the application.
If the notice is returned by the Post Office as undeliverable for
any reason, as long as it was properly addressed and sufficient postage
affixed, service of the notice shall be presumed valid. The failure
of an owner to provide a current address to the Town shall not be
a basis to claim service of the notice was not proper.
D.
Notice of denial or revocation, contents. The notice of denial or revocation shall set forth the grounds therefor and contain a statement that the owner may appeal such denial or revocation pursuant to § 124-12 herein. The notice shall also contain a statement that the owner may submit written objections to the denial or revocation, and any other information deemed advisable or necessary.
Once an application has been denied, no reapplication for a
permit or a renewal of the permit shall be accepted for filing until
the owner has remedied the condition(s) that formed the basis for
denial or revocation to the satisfaction of the Code Enforcement Officer.
An application for the issuance of a short-term rental permit,
or renewal thereof, may be denied under the following circumstances:
A.
Failure of the owner to file a full, true and complete application;
or
B.
Failure of the owner to meet any of the requirements for obtaining
a short-term rental permit; or
C.
Occupancy of the property or the short-term rental area(s) creates
a hazard, public nuisance, or other condition which negatively impacts
the use and/or enjoyment of surrounding properties, or threatens the
peace and good order, or quality of life in the surrounding community
as determined by the Code Enforcement Officer; or
D.
The property owner had a previous short-term rental permit revoked
by the Village.
The grounds upon which a permit can be revoked shall include,
but shall not be limited to:
A.
Permanent revocation.
(1)
The permit was issued in whole or in part as a result of a false,
untrue, or misleading statement on the permit application or other
document submitted as part of the application, including, but not
limited to, the schematic or certification;
(2)
The property owner ceases to be an owner, or the resident fails to
continue to occupy the property as a primary residence;
(3)
The Village either has revoked, or is in the process of revoking,
the certificate of occupancy or letter in lieu for the property;
(4)
The use of the property as a short-term rental creates a hazard or
public nuisance, threat to public safety or other condition which
negatively impacts the use and/or enjoyment of surrounding properties,
or threatens the peace and good order, or quality of life in the surrounding
community, as determined by the Code Enforcement Officer;
(5)
The failure of the owner or resident to comply with, or violation
of, the conditions and restrictions of the permit; or
(6)
The failure by the owner or resident to comply with, or violation
of, any federal, state, or local law, regulation or rule.
B.
Temporary revocation.
(1)
The receipt by the Village of three or more credible complaints about
separate events, as determined by the Code Enforcement Officer, about
the short-term rental use within a thirty-day period shall cause the
permit to be revoked for a period of 30 days.
(2)
The receipt by the Village of four or more credible complaints about
separate events, as determined by the Code Enforcement Officer, about
the short-term rental use within a forty-five-day period shall cause
the permit to be revoked for a period of time to be determined by
the Code Enforcement Officer, such time to be determined based upon
the type and nature of the complaint(s).
A.
Upon the denial, or revocation of a permit, the owner may, within
20 business days from the date of the written notice, file a request
for a hearing before the Village Board. Such request shall be filed
with the Village Clerk. The Village Clerk shall promptly forward a
copy of the appeal to the Village Attorney and the Code Enforcement
Officer for further processing. Notice of the date, place and time
of the hearing shall be given, in writing, by mail to the owner at
the address shown on the application. If the notice is returned by
the Post Office as undeliverable for any reason, as long as it was
properly addressed and sufficient postage was affixed, service of
the notice shall be presumed valid. The hearing shall be scheduled
no later than 30 days after the date on which the request was filed.
B.
In the event that demand for a hearing is not made within the prescribed
time or in the event that the owner does not timely appear for the
hearing, the Code Enforcement Officer's decision shall become
final.
C.
The owner shall be given an opportunity to present evidence why such
denial or revocation of the permit should be modified or withdrawn.
The Code Enforcement Officer or his or her designated agent may also
give testimony or submit evidence in support of the proposal to deny
or revoke the permit. All hearings shall be recorded and may be adjourned
by the Village Board upon good cause shown. Upon consideration of
the evidence presented, the Village Board shall within 15 days of
the close of the hearing sustain, modify or reverse the decision of
the Code Enforcement Officer, and the Village Board's decision
shall be filed with the Village Clerk.
D.
The applicant may file an Article 78 proceeding under the New York
Civil Practice Law and Rules challenging the Village Board's
decision. The Article 78 proceeding must be filed within 30 days of
the filing of the Village Board's decision with the Village Clerk.
A.
If a permit is revoked, the property owner shall not be eligible
to re-apply for a permit for a period of one year from the date of
the revocation. Following the one-year period, no application for
a new permit will be accepted for filing until the owner has remedied
the conditions that formed the basis of the revocation to the satisfaction
of the Code Enforcement Officer, if applicable. A prior revocation
may be a factor in the determination as to whether a new permit will
be issued. Once remedied, the owner will need to apply for a new permit.
B.
Notwithstanding the foregoing Subsection and the provisions of § 124-11B, if an owner moves to a new residence in the Village and provides timely notice to the Village of the same, the failure to continue to occupy the original residence shall not be subject the owner to the one-year waiting period.
A.
Violations of this chapter may be enforced by the Code Enforcement
Officer, the Building Inspector, any law enforcement agency that has
jurisdiction in the Village of Wappingers Falls, or their duly authorized
representatives.
B.
Appearance tickets. The individuals identified in subsection A above are authorized to issue appearance tickets as defined in § 150.10 of the Criminal Procedure Law, and to prosecute the violation in Court, and are authorized to issue orders to remedy and notices of violation, to enforce the provisions of this chapter.
C.
Each occurrence or incident shall constitute a separate offense.
If a violation continues for more than a twenty-four-hour period,
each day shall constitute a separate offense.
