The Bolton Town Board will take more time.
Town Supervisor Ron Conover said he had no plans to bring the vote on the short-term rental, or STR, ordinance at the meeting May 4. The board had said they might make a decision this month.
The ordinance will require homeowner-landlords to get a permit from the town, which will require some sort of inspection of the property. The three-year permit will likely cost $200 to $300, the board said.
To start the meeting, Michael Muller, the town’s attorney, ran through some revisions:
- Any rental contracts entered into at least 60 days before the ordinance takes effect would be allowed to move forward "unimpaired," meaning not affected by the new ordinance.
- If the Home Owners' Association does not allow rentals of the property, the town will not grant a permit or override the HOA rules.
- Maximum occupancy will be determined more by the size of the septic tank than the number of rooms in the house. (Nuances here are too many to run through.)
- Permits will run for three calendar years.
- One "For Rent" sign, no larger than 12 by 18 inches, will be allowed.
- All rental properties must comply with New York State health and safety codes, such as having smoke detectors. A home built on old codes--with doors too narrow, for instance--is OK and will not require changes.
- All renters--even if the ordinance is never passed--must register with Warren County and pay occupancy taxes. [See our coverage of that, here.]
- Breaking the rules does not come with criminal penalties, but can end in a fines of $500, $750 or $950 for first through third offenses.
- Tents and vessels are not to be rented as STRs.
Conover acknowledged after the meeting that the board was still thinking about facets of the problem and that revisions were made as a response to public input. He told people to send emails, call or stop by to talk about this.
For instance, another proposed law, one parallel to the short-term rental issue, is now before the board. That one redefines what a “cottage” is and whether it can be rented as an STR. The answer is generally, no.
The trouble is that most cottages, or what might be thought of as a second home on a property near a larger primary home, are on lots made for one family only, according to the zoning laws. Allowing the rental under the STR law would run afoul of Adirondack Park Agency rules and zoning regulations, the town’s attorney explained.
The board listened as a large handful of people spoke Tuesday night, some of them twice. The arguments followed what had been said before. Speakers wondered how a rental is different from a house with a large family or with guests every weekend.
Employee housing is a concern, since those houses often have the biggest, loudest parties, people said, but the law does not cover them. (The STR ordinance covers only rentals under one month long. Employee housing is rented seasonally and is not “short-term.”)
Speakers asked why the STR ordinance is necessary and couldn't the police just handle much of this.
“What’s the basis for this ordinance?” John Lasalandra asked. “Where’s the empirical evidence?” He was wondering if the law was being made to catch just one or two bad actors since he believes most people do not cause trouble.
Responding after the meeting, board member Susan Wilson said the town needs teeth to go after the bad landlord: "What you need to respond to that one bad person is an ordinance."
[Read our previous coverage here and here.]
“I see this as permitting your right” to rent your property, Conover told the audience at one point. He has long said that the ordinance is an attempt to establish basic guidelines. “The goal of the board is that this should be permitted.”
After the meeting, Conover said the board will decide when they want to talk about the ordinance next and take a vote. No decision has yet been made.