NORTH SALEM, N.Y. - Folks in North Salem who want to rent or lease out their homes for short periods will soon have to abide by a new set of rules and regulations.
The Town Board voted unanimously on Tuesday, Jan. 27, to adopt a local law amending the zoning code to allow the permitting of so-called “short-term rentals” (STRs).
Months of discussions, heated public input, and tweaking of the law’s language went into the final product, the intent of which is to find a balance between tourism needs and preserving quality of life without creating unnecessary obstacles to the use of private property and, also importantly, without inviting lawsuits.
There are already quite a few homes in North Salem that are being hawked on platforms such as Airbnb and VRBO. They are not grandfathered and will have to seek conditional use permits and site plan approvals from the Planning Board in order to continue operating.
“We’ve had a number of situations where neighbors were impacted (by STRs) and we hope this law addresses those issues,” Supervisor Warren Lucas told Halston Media Group.
There won’t be a so-called “grace period” once the law is enacted, but Lucas said that the town wasn’t poised to “run out there today” to track down STRs.
Planning Board Chair Cynthia Curtis said she was pleased that the Town Board passed the resolution.
“Like all local laws, Planning put a lot of thought and work into making this a good fit for our town. It may not be perfect and we might recommend amendments after it’s in place, but it’s a start and it is certainly needed,” she said.
Without regulations, property owners “have been free to engage in this income venture without control,” Curtis said, noting that neighbors of STRs can now “have a say in the permit process and, long term, the town can better assess to what extent this is an appropriate use for our community.”
The law, likely to be filed with the Secretary of State in Albany by Friday, Jan. 30, will take effect on the date that it’s acknowledged and posted by that office.
Before adopting the law, the board declared the action to be a “neg dec” for State Environmental Quality Review Act purposes — in other words, that it wouldn’t have any significant environmental impact.
Lucas asked if anyone had questions before the vote was taken.
When there were none, he agreed that the board had ruminated on the subject long enough.
He thanked the Planning Board and Curtis for the massive effort it took to pull things together.
Councilman Martin Aronchick praised colleagues, too, noting: “Talk about a transparent, painstaking process. Many thanks.”
Lucas predicted that the law will someday be looked on as “a model” by other municipalities.
Since an outright ban didn’t appear to be enforceable — or even desirable, considering the negative impact it could have on responsible homeowners merely seeking to supplement their incomes — the town chose to go the restrictions route.
Curtis had repeatedly pointed out that STRs were already “happening in town,” but without regulations, it was very difficult to track their activity.
A permitting process will give the town’s building inspector “the necessary tools” to enforce things, she had said.
Having control over STRs will also help, the town said, support the goals of the town’s Comprehensive Plan, namely, to protect the town’s “rural and quaint” character and the “quiet enjoyment” of its primarily non-commercial residential neighborhoods, to prevent adverse impacts on surrounding residences and properties, and to ensure the health, safety, and welfare of residents.
The plan also recommended that the town provide adequate areas for “appropriately scaled housing” in order to accommodate population growth and a variety of housing choices and density.
That touches on the affordability issue and accessory dwelling units, of which the town reportedly has plenty at the moment.
STRs can, the town acknowledged, lead to fewer alternative housing opportunities — particularly affordable ones — “by removing residential dwelling units from the market and driving up the demand for the limited housing supply.”
The new law seeks to minimize such impacts.
STRs are defined as “any portion of real property rented, leased, or otherwise assigned for occupancy by transient guests for a period of less than 30 consecutive days.”
Property owners must obtain conditional use permits and site plan approval from the Planning Board.
Off-limits for STRs are: affordable housing units, apartments associated with commercial establishments, bed and breakfasts, employee quarters, hotels, moderate-income housing, multi-family dwellings, ongoing “month-to-month” or longer-period tenancies, private school housing or dorms, empty lots, and housing for senior citizens or the disabled.
They will be allowed in the following designated districts: R-4 (Rural Density Residential), R-2 (Low Density Residential), R-1 (Medium Density Residential), R-1/2 (Medium Density Residential), R-1/4 (Medium-High Density Residential), NB (Neighborhood Business), GB (General Business), and PO (Professional Office).
Under the new law, a property will be presumed to be an STR if it’s offered for rent or lease on websites such as Airbnb, HomeAway, and VRBO, or if it’s made available for rent or lease through any other advertising mechanism “for a period of fewer than 30 consecutive days.”
Property owners will be responsible for registering with and paying lodging occupancy taxes to Westchester County, as well as collecting and remitting sales taxes required by state and county law.
They also have to provide the Planning Board with confirmation of that registration before final site plan approval is granted.
According to the town, “a short-term rental permit is a privilege, not a right.” Failure to comply with the standards in the amended code can result in penalties.
The Planning Board may revoke or suspend an existing permit or deny a permit application for various violations of the law.
First-time offenders could be subject to fines not to exceed $350.
If the second offense is committed within a period of five years, the fines will be not less than $350 and not more than $700.
If convicted a third time within a five-year period, the violator faces fines of between $700 and $1,000.
Imprisonment of not more than six months is another possible consequence.
There are other important things to know.
No owner can hold more than one STR permit at any given time or be eligible for a permit during the first two years of owning their property.
(This apparently is to discourage folks from swooping in and buying up multiple homes merely for commercial gain.)
The permits are valid for two years. Applications for renewal have to be submitted 60 days prior to the permit’s expiration date. Once lapsed, it must be applied for again. If the property is transferred, the new owner must apply for a permit.
STRs have to meet fire prevention, building, and property maintenance codes and other applicable codes, regulations, and laws.
No STR contract shall be for a term of less than 24 hours.
Furthermore, use of the permit can’t exceed a total of 90 days per calendar year or include more than a total of 13 weekends or parts of weekends. Weekends are defined as any time between Friday evening and Monday morning.
The permit has to be posted in the STR. If it’s not owner-occupied or hosted during the rental period, the STR owner has to have a contact person — age 18 and older — available 24 hours a day who’s responsible for the property’s maintenance.
A guest register must be maintained and made available to the town’s building and fire inspectors, police, and emergency responders upon request.
Unaccompanied minors aren’t permitted.
STR bedrooms will only be allowed inside the dwelling and not in non-habitable structures such as garages, barns, tents, treehouses, or recreational vehicles.
STR owners cannot add bedrooms beyond what’s already permitted based on their premises’ septic disposal capacity. That’s determined by the county Health Department and the dwelling’s Certificate of Occupancy.
Renters must follow the rules, too.
There can’t be more than two guests — not including minor children under 12 — per bedroom.
Kitchen or cooking facilities aren’t allowed in the bedrooms.
Owners must provide renters with an informational packet that includes — at minimum — primary and backup points of contact information and a map showing the property’s boundaries and designated off-street parking areas.
Owners must make guests aware of where the fire extinguishers are located and give them a copy of an emergency exit plan. Renters must be shown how to properly use fireplaces, fire pits, wood stoves, pools, hot tubs, burglar alarms, etc.
Renters can’t trespass on adjoining private properties, and they must be “considerate” of the neighbors by not creating any noise, odor, or lighting issues, or engaging in lewd behavior.
“Quiet hours” must be observed between 10 p.m. and 7 a.m.
Renters’ pets have to behave themselves as well.
STRs are meant to provide temporary lodging in a residential setting and can’t be used for activities involving more than the permitted number of guests, according to the law.
On the no-no list are weddings, receptions, anniversary parties, reunions, concerts, banquets, fundraisers, retreats, business seminars, and certain filming or photo shoots.
STRs can’t be used as a restaurant or food service, and no meals can be prepared or served to anyone other than the registered guests.
Posting signs on the property advertising it as an STR is prohibited.
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