[Added 3-16-2026 by L.L. No. 5-2026]
A. 
The Village of Springville Board has determined that short-term rentals can have potential to disrupt peace in residential neighborhoods and pose a potential threat to public health, safety and well-being within the Village. The Village Board also recognizes that short-term rentals can attract visitors to the Village and can also provide an additional source of income to residential owners in the community. Accordingly, the Village Board determines a need to provide an ordinance and supplementary rules and regulations to protect against adverse effects of such uses, while permitting short-term rentals under appropriate circumstances. This article is adopted pursuant to the provisions of New York Municipal Home Rule Law § 10, New York Real Property Law § 447-B, New York Village Law Article 7, and in furtherance of municipal powers exercised to protect and maintain public health, safety, and well-being in the Village of Springville.
B. 
Objectives of article:
(1) 
Ensure that traditional residential neighborhoods are not turned into commercial tourist areas to the detriment of long-time residents.
(2) 
Ensure that regulation of short-term rentals does not negatively affect property values.
(3) 
Ensure that minimal impact will occur on the supply of affordable long-term stock within the Village.
(4) 
Minimize risks to public safety and adverse impacts such as noise, disruptive behavior, trash, and parking problems often associated with short-term rentals without creating additional work for Village staff and emergency response and law enforcement officials.
ADVERTISEMENT
Any solicitation of short-term rental activity, whether in print or online format.
APPLICATION
Application submitted annually by an operator for permission to rent a property less than 30 days, subject to approval by the Village Code Enforcement Officer (CEO) upon satisfactory completion of all requirements.
BEDROOM
Any part or division of a building enclosed by walls, floor, and ceiling intended and designed for sleeping.
DWELLING UNIT
A building or portion thereof that provides complete housekeeping facilities for one family. Each dwelling unit shall have its own sleeping, cooking, and toilet facilities. A dwelling unit is designed for permanent occupancy and shall not be construed to include a hotel, motel, inn, boarding house, or such use of a transient nature, except for short-term rentals.
GUEST
See "transient."
HOST
An owner of a dwelling unit who rents their residence for transient occupancy.
HOSTING PLATFORM
A business or person that provides a means through which a host may offer a dwelling unit, or portion thereof, for home-sharing. A hosting platform is usually, though not necessarily, provided through an internet-based platform. It generally allows a property owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential guests to arrange short-term rentals, whether the guests pay rent directly to the host or to the hosting platform.
LONG-TERM RENTAL
All or any portion thereof of a residential dwelling unit which is advertised or held out to the public as a place regularly rented for permanent occupancy to one party with a duration of occupancy for a period of 30 consecutive days or more.
NONRESIDENT OWNER or PART-TIME RESIDENT (NON-OWNER OCCUPIED)
An owner and/or part-time occupant of the residence, who resides on the premises less than 184 days of the year.
OCCUPANCY
Number of guests permitted to stay overnight in a rental property, as set forth in the application.
OCCUPANT
Any person located on the short-term rental property between the hours of 10:00 p.m. and 6:00 a.m.
OPERATOR
Owner, landlord, or another manager responsible for renting a property.
PLATFORM
Any rental advertisement or facilitating entity of property rentals (newspaper, flyers, television or radio, Airbnb, VRBO, Home Away, etc.).
RENTAL PROPERTY
An apartment, condominium, townhouse, freestanding home, or other residential unit available for rent.
RESIDENT (OWNER-OCCUPIED)
An owner and full-time occupant of the residence, who resides at the premises 184 or more days of the year.
SECONDARY DWELLING
A dwelling unit that is owned or rented alone or jointly with another person, where the person(s) is not using the dwelling as a principal residence.
SHORT-TERM RENTAL
All or any portion thereof of a residential dwelling unit which is advertised or held out to the public as a place regularly rented for dwelling, lodging, or sleeping purposes to one party with a duration of occupancy for a period of less than 30 consecutive days. Hotels, motels, and other land uses explicitly defined and regulated separately from short-term rentals are not considered to be short-term rentals.
TRANSIENT
Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person occupying space in a dwelling unit shall be deemed to be transient until the period of 30 days has expired unless there is an agreement in writing between the host and the guest providing for a longer period of occupancy.
A. 
Short-term rentals are not allowed in R-M Zoning Districts of the Village. Short-term rental properties may be rented every day of the year.
B. 
Short-term rental licenses will be issued only to residents (owner-occupied) and nonresident owner or part-time residents (non-owner occupied) as defined in this article.
C. 
Short-term rentals may not be established or occupied without first having obtained a license from the CEO. Prior to issuance or renewal of a license, the CEO must determine that all the regulations in this subsection are met for all short-term rental properties. Failure to continually meet the regulations in this subsection will be cause for the CEO to revoke a license or deny renewal.
A. 
An owner of a dwelling unit shall be required to obtain from the Village of Springville a revocable short-term rental license where property is to be offered and intended to be used as a short-term rental.
B. 
Applicants shall submit a short-term rental application annually, and associated licensing fee as shown on the application, to the CEO. Upon receipt of a complete application, within 21 working days (unless otherwise scheduled), the CEO will review the application, conduct an on-site inspection, and make a determination on whether to issue the operator a license. Licensing fees are subject to change, from time to time, with Village Board approval.
C. 
The short-term rental shall be inspected by the Building Official for compliance with Village and state codes. The short-term rental will not be able to operate unless it is in full compliance with Village and state codes.
D. 
A short-term rental license shall be valid for one year and shall expire on February 28 of each year regardless of when it was issued and must be renewed within 60 days prior to the expiration of the license. Failure to renew prior to the expiration date will result in the expiration of the short-term rental license.
E. 
Any short-term rental in existence prior to the enactment of this chapter must comply with all rules and regulations contained herein within 90 days after the effective date of this article.
A. 
The applicant shall submit an application form to the CEO by email or in person and provide the Village the following information:
(1) 
The name, address and telephone number of a local contact person who is authorized by the licensee to receive communications from the Village concerning the short-term rental property. The local contact person may be a management company, rental agent or other person employed or engaged by the licensee to manage, rent or supervise the short-term rental property. The local contact person must be available for contact at all times and shall maintain a residence or permanent place of business within 60 minutes of the licensed property. The designated local contact person may be changed by the licensee from time to time throughout the annual term of the license. To make such change, the licensee shall notify the Village Clerk and CEO of the change in writing and shall, at the time, provide the Village with the name, address and telephone number of the licensee's replacement contact person. Any replacement contact person shall meet the requirements of this paragraph. The designated contact person's telephone number will be available to the public upon request to the Village Clerk or the CEO.
(2) 
A current certificate of insurance showing that the dwelling is insured as a short-term or vacation rental.
(3) 
Confirmation of compliance with Erie County Hotel Occupancy Tax Collection Unit and the New York State Department of Taxation and Finance.
B. 
The maximum permitted number of guests shall be determined based on the following:
(1) 
Dwelling units (not including studio apartments): two guests per the number of bedrooms that are compliant with the New York State Uniform Fire Prevention and Building Code, with an additional two guests for the entire dwelling unit.
C. 
The maximum number of people allowed at a short-term rental between the hours of 6:00 a.m. through 10:00 p.m. shall be no more than twice the number of overnight occupants allowed on the license.
D. 
A short-term rental license shall not be issued or renewed if there are unresolved code compliance cases, outstanding fines or fees, or Village liens on the property.
E. 
Inspections.
(1) 
The Village shall conduct an inspection of the short-term rental unit prior to issuing a new license and prior to issuing any renewal license.
(2) 
If the Building Official reasonably believes that there is a violation of the Village Code or the NYS Uniform Fire Prevention and Building Code, the Village may make inspections to ensure compliance with this article.
(3) 
The Village will schedule such inspections in advance, unless in the case of imminent danger, in which case the Village may request access without an advance appointment.
(4) 
To be in compliance, the following minimum requirements must be met:
(a) 
There shall be functioning smoke alarms installed and maintained at each of the following locations:
[1] 
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
[2] 
In each bedroom or room used for sleeping purposes.
[3] 
In each story within a dwelling unit, including basements.
(b) 
There shall be one functioning fire extinguisher in the kitchen and at each primary exit in an unobstructed conspicuous location.
(c) 
Carbon monoxide detection shall be installed in a central or otherwise approved location within 10 feet of the entrance to sleeping areas and sleeping units. Carbon monoxide detection shall be installed in all rooms, occupiable space, dwelling units, sleeping areas and sleeping units that contain a fuel-burning appliance.
(d) 
Exit doors shall be operational, and all passageways to exterior doors shall be clear and unobstructed.
(e) 
Electrical systems shall be serviceable with no visual defects or unsafe conditions.
(f) 
All fireplaces, fireplace inserts, or other fuel-burning heaters and furnaces shall be vented and properly installed.
(g) 
Each bedroom shall have an exterior exit that opens directly to the outside, or an emergency escape or egress type window as required by the fire code.
A. 
Posting of license number. The operator of a licensed short-term rental property shall conspicuously post the license number and maximum number of occupants allowed, as stipulated in the license, on any advertising platform and within 10 feet of the main interior entrance of the rental property. The operator shall also conspicuously post a local emergency contact number (same as provided in the application) and general emergency contact information (i.e., 911, local police department) within 10 feet of the main interior entrance of the short-term rental property.
B. 
Maintenance. The operator of a licensed short-term rental property shall comply with local maintenance laws (i.e., parking, garbage, lawn cutting, property maintenance, noise) applicable to the rental property and NYS Property Maintenance Code.
C. 
Occupancy. Occupancy will be determined by the CEO at the time of inspection as per New York State Code. The operator of a licensed short-term rental property shall not allow occupancy of the short-term rental property exceeding the occupancy indicated in the license. This will be in effect for the full duration of the rental period.
D. 
Parking.
(1) 
All vehicles to be parked on site. The motor vehicles of all occupants of the short-term rental property shall be parked only on the site of the short-term rental property as approved on the license. No motor vehicles shall be parked on the lawn or landscaped areas of a short-term rental property, or in the public street or right-of-way adjacent to the short-term rental property.
(2) 
Large vehicles not allowed. No privately owned, non-governmental vehicle with a passenger capacity of 12 people or more shall be used to transport people to or from a short-term rental property or parked upon the premises of a single-family accommodation. No mobile homes, recreational vehicles or trailers are allowed to be parked on a short-term rental property and utilized by renters. Tickets may be issued by the New York State Police, Erie County Sheriff, or Village Police.
E. 
Trash. Dispose of trash on pickup day only. Trash cannot be placed at the curb more than 24 hours prior to pickup. Emptied garbage cans and receptacles must be removed from curb within 24 hours of collection.
F. 
Noise. No occupant of a short-term rental property shall make, cause or control unreasonable noise upon the short-term rental property which is audible upon a private premises that such occupant has no right to occupy.
G. 
Signage. Short-term rental shall not display a sign that exceeds the following standards:
(1) 
There shall be only one "for rent" sign per short-term rental property;
(2) 
Signs advertising availability of short-term rentals shall be no larger than 12 inches by 18 inches;
(3) 
The location of signs advertising availability of short-term rentals shall be limited to a single window, door, or attached to the exterior of the building;
(4) 
Signs advertising availability of short-term rentals shall not be placed in the yard, on public right-of-way, or on trees, poles or other strictures;
(5) 
Signs advertising availability of short-term rentals shall not be flashing or internally lit; and
(6) 
Signs advertising availability of short-term rentals shall have the appearance as being professionally made.
H. 
A short-term rental unit shall only be used for overnight lodging. Events including, but not limited to, weddings, banquets, and personal or corporate events are prohibited from occurring as part of the short-term rental use. The dwelling shall not be advertised or rented for the sole purpose of accommodating such uses.
The annual fee for a rental unit license is based on the number of bedrooms in the unit or house as follows:
A. 
Owner-occupied or resident:
(1) 
One-bedroom unit: $100.
(2) 
Two-bedroom unit: $200.
(3) 
Three-bedroom unit: $300.
(4) 
Four or more bedroom unit: $400.
B. 
Non-owner-occupied or nonresident:
(1) 
One-bedroom unit: $250.
(2) 
Two-bedroom unit: $350.
(3) 
Three-bedroom unit: $500.
(4) 
Four or more bedroom unit: $750.
Penalties for non-compliance with the above regulations are subject to change, from time to time, with Village Board approval. Any violations of this article must be presented to the Village Clerk or CEO, in writing, and signed by the complainant. The CEO shall review and verify the complaint within five business days and advise the complainant of its resolution. Penalties for non-compliance at a licensed short-term rental property shall be as follows:
A. 
Failure of the operator to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental unit within one hour and in an appropriate manner shall render the operator subject to all administrative, legal and equitable remedies available to the Village, up to and including short-term rental license revocation.
B. 
A violation of this article is hereby declared to be an offense, punishable, for a conviction of a first offense, by a fine of not more than $350 or by imprisonment for a period not to exceed six months or both; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
C. 
Each week's continued violation shall constitute a separate additional violation and shall be punishable as a separate offense.
D. 
Other remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation of this article, the Village Board, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
The invalidity of any clause, sentence, paragraph or provision of this article shall not invalidate any other clause, sentence, paragraph or part thereof.
This article shall become effective 10 days after publication in the Village's official paper and upon filing with the New York State Department of State.