[HISTORY: Adopted by the Town Board of the
Town of Copake 12-28-2023 by L.L. No. 11-2023. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Rental of a dwelling unit or a portion thereof within a one-family
dwelling, two-family dwelling, multifamily dwelling, or accessory
dwelling unit to provide lodging for a transient guest or two or more
associated transient guests, for a period of less than 30 consecutive
days, in exchange for compensation, consideration, or anything of
value, or the premises used therefor. Short-term rental expressly
excludes any use classified as and permitted by the Town of Copake
as a hotel, motel, campground, bed-and-breakfast, dormitory, resort
hotel, lodge or ranch, farm stay, or other use allowed under Table
2, the Table of Use Regulations, and farm worker housing.
A short-term rental that is rented, or will be rented, to
one or more STR guests for a total of more than 120 days of nonexempt
rental during a one-year period.
The person who will be contacted by neighbors, the Town,
or a representative or agent of the Town to respond to immediate complaints
or issues arising from a short-term rental in the event the STR designated
contact cannot be timely reached. The STR back-up contact may be the
owner or a person designated and identified by the owner.
The primary person who will be contacted by neighbors, the
Town, or a representative or agent of the Town to respond to immediate
complaints or issues arising from a short-term rental. The STR designated
contact may be the owner or a person designated and identified by
the owner.
Any and each person, whether alone or as part of a group,
staying in, or having obtained the right to stay in, a dwelling or
dwelling unit in exchange for compensation, consideration, or anything
of value, for a period of less than 30 days. Any person on the premises
between the hours of 12:00 midnight and 6:00 a.m. shall be counted
as an STR guest.
The person, persons, or legal entity holding title to the
premises used as a short-term rental.
A.
No building, property, or premises within the Town of Copake shall be used for short-term rental, including enhanced short-term rental, except in accordance with a valid and effective short-term rental operating permit issued by the Town, provided, however, that no registration or operating permit shall be required for a short-term rental deemed exempt pursuant to § 187-5 of this chapter.
B.
Except as provided in this section, the maximum number of days that
an owner may rent to STR guests at a permitted location during a one-year
operating permit shall be 120. Each day of short-term rental exceeding
120 within the one-year term of an STR operating permit, except as
authorized by a valid enhanced STR operating permit, shall be a violation.
C.
In the event a dwelling unit used for short-term rental is, or is expected to be, rented to one or more STR guests for more than 120 days during a one-year operating permit period and is not exempt pursuant to § 187-5 of this chapter, such rental shall be designated an enhanced short-term rental (enhanced STR) and shall be required to obtain an STR operating permit authorizing enhanced STR and be subject to all requirements applicable to an enhanced STR.
D.
No short-term rental operating permit shall be issued by the Town
for enhanced STR in a one-family, two-family, or accessory dwelling
unless a valid special use permit and site plan approval has been
issued and remains in effect for such use.
E.
Any STR permit issued to an enhanced STR shall immediately terminate
and become void upon the termination or revocation of the special
use permit or site plan approval under which the STR operates.
A.
Application for a short-term rental operating permit and registration
shall be made on a form provided by the Town and shall include the
following:
(1)
Name, address, and contact information of the STR owner of the dwelling
for which the permit is sought. If the owner is a legal entity, such
information must also be provided for a principal officer of such
entity who is authorized to act in the name of and on behalf of such
entity. If more than one person or entity has an ownership interest
in the property on which the STR is located, which shall include each
member of a limited liability company identified as an owner, information
for each such person or entity must be provided. Required contact
information shall include the following:
(2)
The physical address, 911 address, and mailing address of the dwelling
for which the permit is sought.
(3)
Name, address, and contact information for the STR designated contact.
Required contact information shall include the following:
(4)
Name, address, and contact information for the STR back-up contact.
Required contact information shall include the following:
(5)
Every application shall provide contact information for both a primary
STR designated contact and a secondary STR back-up contact, one of
whom may be the owner.
(6)
Proof of ownership of the property and dwelling where the STR will
be located. This may be shown by a copy of a deed for the property
or by reference to the most recent tax roll.
(7)
The number of bedrooms in the dwelling.
(8)
The number of bedrooms in the dwelling to be made available for short-term
rental.
(9)
In the case of an application for an initial operating permit, certified mail receipts demonstrating notification to abutting property owners complying with Subsection B(1) of this section;
(10)
An attestation by the STR owner, stating the following:
(a)
That the STR premises and dwelling in which the STR is located
are in compliance with the requirements of the New York State Uniform
Fire Prevention and Building Code, including but not limited to the
following:
[1]
That a fully functioning smoke detector is installed and will
be maintained at all times in each bedroom or room used for sleeping
purposes to be used for STR, in each hallway to which any such bedroom
or sleeping room adjoins, and on each story of each dwelling unit
within the premises;
[2]
That in any dwelling with a fuel-burning furnace, stove, heater,
wood stove, or other device or appliance, a carbon monoxide detector
is installed and shall be maintained at all times in each room or
space in which such device or appliance is located, and in each hallway
to which any bedroom or sleeping area used for STR adjoins;
[3]
That any additional such devices shall also be provided and
maintained within the dwelling in which the STR is located as otherwise
required by the New York State Uniform Fire Prevention and Building
Code;
[4]
That each STR bedroom contains an emergency escape and rescue
opening that complies with the New York State Uniform Fire Prevention
and Building Code;
(b)
That no STR bedroom in a one-family, two-family or accessory
dwelling is located above the second-story above-grade plane;
(c)
That the notice of intent to operate a short-term rental and applicable contact information have been provided to abutting property owners in accordance with Subsection B(1) of this section;
(d)
That property taxes on the parcel on which the STR is to be
located are paid in full;
(e)
That the STR owner will promptly notify the Code Enforcement
Officer in the event any information or statement made on the application
changes or ceases to be true and correct;
(f)
That the STR owner is familiar with and agrees to comply with
the requirements of this chapter.
(11)
The application shall include a statement, attested to and signed
by the STR owner under penalty of perjury, that such signatory possesses
legal title to the subject STR premises, that all owners have executed
the application document or that the signatory is authorized to execute
the document on behalf of all owners, and that all information and
statements provided on the application are true and correct.
(12)
The Town Board may, by resolution, require additional information
to be provided on the application form.
B.
Conditions of operating permit issuance.
(1)
Prior to the issuance of an initial short-term rental operating permit,
the applicant owner shall provide notice by certified mail of the
owner's intent to operate a short-term rental and the name and
contact information of the STR designated contact and STR back-up
contact to the owners of every property that both abuts the property
on which the STR is to be located, including diagonally or across
a road or street, and is also within 500 feet of the dwelling in which
the STR is located. Prior to issuance of a renewal permit, the applicant
owner shall provide such notice and information by email or US mail,
or in person.
(2)
Permits are valid for one year from date of issuance and must be
renewed annually for continued operation of the STR.
(3)
Permits are nontransferable and are rendered null and void upon any
change in ownership of the subject property.
(4)
If the STR is to be located in an accessory dwelling, the accessory
dwelling and principal dwelling to which it is accessory must be owned
by the same person or entity.
C.
Renewal of operating permit.
(1)
No earlier than 60 days prior to, and no later than 60 days after
the expiration of a valid STR operating permit, the STR owner may
apply for an expedited renewal of the STR operating permit for a one-year
period. Such expedited renewal may be made by submission of the required
fee and a copy of the expiring permit accompanied by an attestation
stating the following:
(a)
That the total number of days the subject dwelling was rented as a short-term rental during the term of the expiring permit did not, and will not, exceed 120, or, that the STR is operating under a valid and effective special use permit granted pursuant to § 232-16.8 of the Code of the Town of Copake.
(b)
That fully operable smoke and carbon monoxide detectors are
installed and will be maintained as required by this chapter and the
New York State Uniform Code within the STR premises;
(c)
That the most recent application information and statements
applicable to such operating permit remain correct or have been updated
to be correct;
D.
Review.
(1)
The Code Enforcement Officer may deny an application for an STR operating
permit for any of the following reasons:
(a)
The application is incomplete, information required by this
section or other regulations adopted by the Town of Copake was not
included with the application, or the full application and annual
administrative fee, in acceptable form of payment, was not included
with the application;
(b)
The attestation from the STR owner evidences that the subject
property is not in compliance with this chapter;
(c)
The STR owner or any person or entity named as having an ownership
interest in the subject STR is a party to an STR operating permit
that is under suspension.
E.
Each application or renewal shall be accompanied by payment of a
nonrefundable application fee and an annual administration fee refundable
in the case of a permit denial, in amounts to be set by resolution
of the Town Board.
Every short-term rental for which an operating permit is required
shall comply with this section, and every operating permit issued
pursuant to this chapter is deemed to contain the following conditions,
whether or not stated on the permit document. Compliance therewith
must be established as a condition of operating permit approval and
must be maintained at all times for the duration of the permit.
A.
Operational requirements.
(1)
The STR designated contact or STR back-up contact shall be available
to be contacted at all times by the means provided on the STR operating
permit application and as specified in the most recent notice to abutting
property owners and shall promptly respond to complaints of disruptive,
unsanitary, or unsafe conditions at or associated with the STR or
STR premises or other violations of this chapter.
(2)
The 911 address of the STR premises shall be conspicuously displayed
on the property or premises so as to be easily visible from the public
roadway.
(3)
The operation of the STR and the conduct of its STR guests while on the property of the STR shall comply at all times with all provisions of this chapter, Chapter 101 (Unsafe Buildings), Chapter 129 (Fire Prevention and Building Construction), Chapter 160 (Noise) and Chapter 85 (Animals) of the Code of the Town of Copake, the Uniform Fire Prevention and Building Code and Property Maintenance Code of the State of New York, and the New York State Multiple Residence Law.
(a)
This includes but is not limited to the installation of smoke
and carbon monoxide detectors as follows:
[2]
In any dwelling with a fuel-burning furnace, stove, heater,
wood stove, or other device or appliance, a carbon monoxide detector
shall be installed and maintained at all times:
[3]
Any additional such devices shall also be provided and maintained
within the STR premises as otherwise required by the New York State
Uniform Code.
(4)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(5)
No sleeping rooms for STR use in one-family, two-family, or accessory
dwellings shall be located above the second-story above-grade plane.
(6)
The owner must provide and maintain exterior trash containers of
a type and capacity sufficient to contain and secure from animals
all trash generated by renters.
(7)
Trash and recycling must be removed from the property on at least
a weekly basis.
(8)
The maximum number of STR guests shall be the lesser of a) two times
the number of bedrooms to be made available for the STR plus two additional
guests, or b) 10.
(9)
Every STR must include an STR guest who is at least 21 years of age.
(10)
The owner shall comply with all other requirements, including
pursuant to New York state law and the New York State Uniform Code,
that apply or may be enacted or adopted and made applicable to owners
or operators of short-term rentals within the State of New York.
B.
Required postings and communications to renters. The owner of a premises
used for short-term rental shall conspicuously post in a prominent
location in the STR unit, or provide to the STR guests in a binder
or information packet, the following information:
(1)
The county 911 address for emergency response to the STR premises.
(2)
The twenty-four-hour contact information for the STR owner, designated
contact, and back-up contact.
(3)
Instructions and schedules for disposal of trash and recycling.
(4)
A copy of the current STR operating permit and conditions applied
to such permit.
(5)
A copy of a notice of local regulations, to be provided to the owner
by the Town upon issuance of an STR permit.
The following rentals are permitted and exempt from the requirements
of this chapter, and rentals that are exempt under this subdivision
are not counted toward the thirty-day short-term rental maximum.
A.
Short-term rental of a room or rooms in a dwelling unit in which
the owner is in concurrent occupancy, or in an accessory dwelling
unit and the owner is in concurrent occupancy in the principal dwelling
on the parcel, and the owner is present overnight during the entire
rental period. If the owner is a legal entity, the owner's concurrent
occupancy requirement may be satisfied by a person who is a principal
owner or officer of the owning entity.
B.
Any property, dwelling, dwelling unit, or portion of a dwelling unit
that is only rented out to a renter or group of renters for periods
of 30 days or more.
A.
Violations by STRs with STR operating permits.
(1)
Violation of any provision of this chapter by an STR operating pursuant
to a valid and effective STR operating permit shall be punishable
by a fine upon the owner of $100 for the first offense, a fine of
$250 for a second offense, and a fine of $500 for a third offense
during the term of any one-year permit.
(2)
Each violation after the third during the term of a one-year permit
by an STR operating pursuant to a valid and effective STR operating
permit shall result in a fine upon the owner of $500.
B.
Operating without an STR operating permit or with a suspended operating
permit.
(1)
Operating an unpermitted STR in violation of this chapter shall incur
a fine upon the owner of $250 for each month or part of a month in
which such violation occurs. Such fine shall be waived for the first
violation by an owner if the owner applies for an STR operating permit
for the subject rental premises within 30 days of notification by
the Town of such noncompliance.
(2)
Operating an unpermitted STR in violation of this chapter and without
having applied for an STR operating permit for the subject premises,
beyond 30 days after notification by the Town of the requirement to
obtain an operating permit, shall be punishable by a fine upon the
owner of $500 for each month or part of a month in which such violation
occurs.
(3)
Operating an unpermitted STR in violation of this chapter and without
having applied for an STR operating permit for the subject premises,
beyond 30 days after a second notification by the Town of the requirement
to obtain an operating permit, shall be punishable by a fine upon
the owner of $250 for each day in which such violation occurs.
(4)
An owner who fails to apply for the required STR operating permit
after two notices from the Town informing the owner of the requirement
to obtain an operating permit shall be denied a permit to operate
an STR on the subject premises or property for a period of one year
after the second thirty-day grace period to apply expires.
(5)
In addition to any other penalties provided for in this chapter, violation of any provision of § 187-4A or B of this chapter by an STR operating without an STR operating permit or with a suspended operating permit shall be punishable by a fine upon the owner in the amount of $250 for a first offense during a calendar year and $500 for each subsequent offense occurring during the same calendar year.
(6)
In addition to any other penalties provided for in this chapter,
the Code of the Town of Copake, or otherwise by law, operation of
an STR subsequent to denial or revocation of an STR operating permit
for such STR without a valid and effective superseding operating permit,
or during any period in which the operating permit for such STR is
suspended shall be immediately punishable by a fine upon the owner
of $500 per day.
(7)
In addition to any other remedies or penalties, the Town is authorized
to take any lawful action, including injunctive action in a court
of court of competent jurisdiction, to prevent or terminate the use
or operation of any short-term rental within the Town of Copake that
is not operating pursuant to, and in accordance with, a valid and
effective STR operating permit or that is operating with a suspended
operating permit.
A.
For purposes of this section, a noncompliance incident is 1) any violation of this chapter, 2) any violation of Chapter 101 of the Code of the Town of Copake (Unsafe Buildings), Chapter 129 of the Code of the Town of Copake (Fire Prevention and Building Construction), the New York State Multiple Residence Law, or the Uniform Fire Prevention and Building Code or the Property Maintenance Code of the State of New York, occurring on the premises of the STR, or 3) any violation of Chapter 160 of the Code of the Town of Copake (Noise) or Chapter 85 of the Code of the Town of Copake (Animals) committed by one or more STR guests and occurring on the premises of the STR.
B.
The occurrence of noncompliance incidents on three or more occasions
during the one-year term of an STR operating permit shall result in
a suspension of the STR permit and right to operate.
(1)
The first suspension arising from three or more noncompliance incidents
within a period of two years shall be for three months.
(2)
If a second suspension arising from an additional three or more noncompliance
incidents is imposed within two years of the imposition of a prior
multiple-incident suspension, such second suspension shall be for
a period of one year.
C.
Upon receiving a complaint alleging the occurrence of a noncompliance
incident, or upon the Code Enforcement Officer's observation
of such occurrence, the Code Enforcement Officer shall be authorized
to inspect the subject STR premises for purposes of ensuring compliance
with this chapter after obtaining the express consent of the property
owner or the contact person designated by the property owner for such
limited inspection purposes. If such permission to inspect is denied
or delayed, or upon receiving a complaint or upon observation of the
occurrence of a failure to maintain required smoke or carbon monoxide
detectors or any noncompliance incident that creates a hazard to safety
or human life, the Code Enforcement Officer may immediately suspend
the STR operating permit until compliance has been demonstrated to
the satisfaction of the Code Enforcement Officer.
D.
No suspension shall be lifted or concluded until the noncompliance
incidents on which the suspension was based have been corrected or
remediated.
E.
Imposition of a suspension shall not extend the expiration date of
the permit, which shall remain one year from the date of issuance.
F.
No STR operating permit may be renewed during a period of suspension
imposed pursuant to this subsection.
