LOCAL LAW NO. 3 – 2023

Town of Wilson

County of Niagara, State of New York

“A LOCAL LAW RELATING TO SHORT TERM RENTALS WITHIN THE TOWN OF WILSON”

Be it enacted by the Town Board of the Town of Wilson as follows:

SECTION 1: The town code of the Town of Wilson is hereby amended to create a new Chapter 97 to read as follows:

Chapter 97

SHORT TERM RENTALS

§ 97-1. Purpose and legislative intent.

A. The purpose of this section is to establish appropriate regulations for the short-term rental

uses in the Town. While the Town recognizes that some property owners wish to rent to others on a short-term basis all or part of dwelling units they own, the Town also recognizes that it has an obligation to protect the public health, safety and welfare and minimize the adverse effects of such short-term rental uses.

B. By enacting this chapter, the Town intends to:

(1) Protect the health, safety and welfare of the community and of persons occupying short-term rentals.

(2) Prevent to the great extent practicable public safety risks and other impacts, including but not limited to, increased house, trach, traffic, and parking impacts associated with short-term rental uses.

(3) Protect neighborhood character and maximize the impact of short-term rental uses on neighbors and residential properties.

(4) Protect property values of the community.

(5) Protect housing affordability within the community for long-term residents, whether owners or renters.

(6) Assist homeowners to stay in their homes by allowing some short-term rental use of their homes to generate income to defray their cost of homeownership.

(7) Enable property owners to provide lodging for visitors to the Town during periods of peak visitor and tourist demand, such as peak fishing seasons and holiday weekends.

(8) Promote the efficient use of housing stock.

§ 97-2. Definitions.

PARTY or EVENT– Inviting in or otherwise hosting six or more non-occupants at short-term

rental property, by, on behalf of, or for the benefit of, a short-term rental tenant for the purposes

of celebrating or commemorating a particular occurrence, occasion, or otherwise for

socialization.

SHORT-TERM RENTAL — Any portion of real property rented for compensation in exchange

for lodging for a period of not more than 31 consecutive days. This may include campgrounds,

tent sites or tent platforms and other temporary structures on the parcel, including, but not

limited to, rentals provided by such companies as AirBnB, VBRO or similar online plaforms. For the purpose of this chapter, the term "short-term rental" shall not include a bed-and-breakfast, boarding/lodging house, hotel, motel, or ongoing month-to-month tenancies.

§ 97-3. Presumption of dwelling unit as short-term rental property.

A. The presence of the following shall create a presumption that all or a part of the property is being used as a short-term rental:

(1) All or part of the property is offered for lease on short-term rental website or platform, including but not limited to, Airbnb, Home Away and VRBO, for a rental period of less than 31 days, and/or;

(2) All or a part of the property is offered for lease for a period of 31 days or less through any form of advertising.

B. The foregoing presumptions may be rebutted by evidence presented to the Code Enforcement Officer that the premises is not operated as a short-term rental.

§ 97-4. Required permit.

A. Owners shall not use their property as a short-term rental without obtaining a revocable short-term rental permit.

B. A short-term rental permit shall be valid for one year and must be renewed 30 days prior to expiration of current permit if the premises is to continue to operate as a short-term rental.

C. The short-term rental permit is not transferable to a new owner. The new owner of the premises subject to an existing short-term rental permit must file a new permit application in order to continue short-term rental use.

D. Notwithstanding the foregoing, those properties with short-term rental commitments

existing on the date this section takes effect shall be permitted to honor such existing

commitments and continue to make commitments for short-term rentals, but must apply for

a permit within 60 days of the local law's effective date for all future short-term rental

commitments. In the event such application is denied, all commitments shall be canceled.

§ 97-5. Short-term rental permit applications requirements.

A. Applications for a short-term rental permit may be obtained from the Town of Wilson Code

Enforcement Officer. Short-term rental permit shall be submitted to the Code Enforcement Officer, accompanied by payment of a nonrefundable permit fee to be determined from time to time by resolution of the Town Board. The application shall include the following:

B. All completed applications are subject to a floor plan review and approval by the Code Enforcement Officer.

(1) The signatures of all owners or their designated agents.

(2) A statement authorizing the Code Enforcement Officer to inspect the property to ensure compliance with all requirements and standards contained within this chapter.

(3) An acknowledgment of present and ongoing compliance with the short-term rental standards as defined in this chapter, including but not limited to, the demonstration of adequate off-road parking spaces for the proposed short-term rental.

(4) An acknowledgment of present and ongoing compliance with all town zoning codes.

(5) A list of each property owner and the name of any property manager or management agency managing the property, including names, addresses, telephone numbers and email addresses of each.

(6) The names, addresses, telephone numbers and email addresses of primary and secondary

alternate agents, who shall be responsible and authorized to act on the owners' behalf to

promptly remedy any violation of the standards outlined in this section. These contact people may be an owner, or an agent designated by the owner(s) to serve as a contact person and shall be able to respond on site and in person to an emergency correspondence or concern from the Code Enforcement Officer within thirty minutes.

(7) An accurate suitable floor plan for each level of the dwelling that can be occupied measuring at least 8.5 inches by 11 inches, drawn to scale and certified by the applicant.

The floor plan does not need to be prepared by a licensed professional, but must include the following:

(a) The location of building, property lines, any septic system and required parking.

(b) Basement: location of house utilities and all rooms including bedrooms, windows, exits and any heating or cooling units.

(c) First floor: all rooms including bedrooms, windows, exits and any heating or cooling units.

(d) Second floor (if present): all rooms including bedrooms, windows, exits and any heating or cooling units.

(e) Attic (if present): all rooms including bedrooms, windows, exits and any heating or cooling units.

C. Owners wishing to apply for a variance relating to sleeping capacity, parking capacity or other standards stated in this chapter must seek a variance from the Zoning Board of Appeals. Variance applications will be reviewed by the Zoning Board of Appeals in accordance with

§ 127-45 of Wilson Town Code and applicable New York State statutes regarding the issuance of a variance.

§ 97-6. Short-term rental standards.

A. Property requirements.

(1) Short-term rental applications can be sought for all conforming lots, in all Residential zoning districts with the Town of Wilson.

(2) Property must comply and meet all current NYS Uniform Building Codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.

(3) Evacuation procedures must be posted in each sleeping room to be followed in the

event of a fire or smoke condition or upon activation of a fire or smoke-detecting or other alarm device

(4) There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire

extinguishers shall be inspected prior to a renter occupying the property and no less

than monthly by the permit holder(s) to ensure each contains a full charge. An annual

inspection shall be by a licensed agency and along with the monthly inspection shall be recorded on the attached tag by owner and or owners authorized agent. A record

of the inspections initialed by the permit holder shall be maintained and made

available to the Code Enforcement Officer upon request.

(5) The house number shall be located both at the road and on the dwelling unit so that

the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.

(6) Exterior doors shall be operational and all passageways to exterior doors shall be

clear and unobstructed.

(7) The electrical system panel and branch circuits shall be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.

(8) All fireplaces shall comply with all applicable laws and regulations.

(9) All parking shall be on a hard surface such as blacktop, concrete or stone. Parking on grass shall not be permitted. Parking facilities shall be shown on the site plan included with the application.

(10) Maximum occupancy for each short-term rental unit shall not exceed two people per

NYS Building Code compliant bedroom shown on the floor plan included with the

application and two people maximum per full-size convertible sleeping accommodation

furniture (i.e. futon, hide-a-bed) also identified on the floor plan. A max of one such

convertible sleeping accommodation is allowed per property. The maximum occupancy

of a short-term rental unit shall not exceed 12 people, including permanent residents and

renters.

(11) In the event that the property has a septic system, the maximum occupancy shall be

defined by the capabilities of the septic system, but in no event shall overnight occupancy

for any short-term rental unit exceed 12 people total.

(12) A septic system at the property must meet all State and County requirements including

minimum capacities to meet the permitted occupant load.

(13) The septic system must have been pumped within the past four years and proof of

pumping and satisfactory inspection by a qualified septic disposal firm shall be

available to the Code Enforcement Officer. Once a short-term rental permit is issued,

the septic system must be pumped at least once every four years.

(14) The water supply to the property must meet all State and County requirements.

(15) No sign advertising the short-term rental shall be allowed on the property.

(16) A sign no larger than 8.5”x11” shall be installed in a weatherproof enclosure outside of

the main door with emergency contact information/ phone numbers for the property

owner as well as the primary and secondary alternate agents.

B. Insurance standards. All applicants and permit holders must provide evidence of property

insurance and a certificate of liability insurance indicating the premises is rated as a short-term rental and maintain such insurance throughout the term of the short-term rental permit. Minimum general liability coverage for any short-term rental property shall be $1,000,000.

C. Provisions shall be made for weekly garbage removal during rental periods in conformance

with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pick-up time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town’s standard shall be removed from the property by the Owner or the Renter.

D. Rental contract: All applicants and permit holders must have a rental contract, which

includes the following:

(1) Maximum property occupancy;

(2) Maximum on-site parking provided; and,

(3) Good neighbor statement stating:

(a) The short-term rental is in a residential area in the Town of Wilson and that renters shall be considerate of the residents in neighboring homes;

(b) Guests are requested to observe quiet hours from 11:00 p.m. through 7:00 a.m.;

(c) All renters will be subject to New York Penal Law § 240.20 or any successor;

(d) Littering is illegal; and

(e) Recreational campfires must be attended.

§ 97-7. Abbreviated Procedure for Special Use Permit.

A. Applicant inquiry with the Wilson Code Enforcement Officer to obtain Requirements Checklist, copy of this Chapter of the Town Code and Application.

B. Short-term applications shall be filed with the Code Enforcement Officer with all supporting documentation and non-refundable permit fee. Only completed applications will be accepted

by the Code Enforcement Officer. The Code Enforcement Officer may decline to accept an application for consideration for any for any of the following reasons:

(1) The application documentation required by this Section was not included or the full permit fee was not paid.

(2) A previously issued short-term rental permit was revoked within the past year and defects and/or violations have not been corrected and inspected by the Code Enforcement Officer.

C. Upon receipt of a completed short-term rental permit application, adjacent property owners within a 200’ radius of the short-term rental property will be notified of the application by the Town of Wilson.

D. Upon the Code Enforcement Officer’s acceptance of the completed permit application, the Code Enforcement Officer shall have 30 days to conduct a property inspection to certify and approve that all short-term rental requirements have been met.

E. Upon successful property inspection by the Code Enforcement Officer the matter shall be brought to the Zoning Board of Appeals in accordance with § 127-46 for consideration of a Special Use Permit.

§ 97-8. Conformity and display of permit.

A. Short-term rental permits are subject to continued compliance with the requirements of

these regulations.

(1) If the Code Enforcement Officer has probable cause to believe that the homeowner is

not in compliance with the provisions of this law, the Code Enforcement Officer may

request permission from an owner of the short-term rental permit to enter the

premises and to conduct an inspection of the short- term rental property for purposes

of ensuring compliance with this section. If the property owner refuses to permit the

Code Enforcement Officer to inspect the property, the permit will be revoked. If an

inspection authorized herein is conducted, the Code Enforcement Officer shall use the

results of such inspection in determining whether to revoke the permit.

(2) The short-term rental permit, maximum occupancy limit, maximum parking, contact

form and standards shall be prominently displayed inside and near the front entrance

of the short-term rental; and

(3) The short-term rental permit holder shall ensure that current and accurate information

is provided to the Code Enforcement Officer and that they notify the Code

Enforcement Officer immediately of any change in the information displayed on the

permit. If, based on such changes, the Code Enforcement Officer issues an amended

short-term rental permit; the owners must immediately post the amended permit

inside and near the front entrance of the short-term rental.

(4) The short-term rental permit holder must conspicuously display the short-term rental

permit number in all advertisements for the applicable short-term rental.

§ 97-9. Compliance and penalties.

A. Violations of this section or of any short-term rental permit issued pursuant to this section

shall be subject to enforcement and penalties prescribed in this chapter.

B. If the Code Enforcement Officer either witnesses or receives a written or verbal complaint of

an alleged violation of this section or of any short-term rental permit issued pursuant to this

section, the Code Enforcement Officer shall properly record such complaint and immediately

investigate the report thereon. If the Code Enforcement Officer determines there is a violation

of this code, the owners shall be notified by any appropriate means necessary based on the

severity of the violation. A hard copy of the violation shall be provided in writing by first

class mail and certified return receipt mail of said violations. In the event of any violation

the Code Enforcement Officer may take any or all of the following actions:

(1) Attach conditions to the existing short-term rental permit.

(2) Suspend the short-term rental permit. The notice of suspension shall be provided to the property owner and a copy filed with the Town Clerk.

(3) Require corrective action that remedies the violation(s). The corrective action must be completed and approved within 30 days of notice from the Code Enforcement Officer or the owner risks revocation of the short-term rental permit.

(4) Issue a court appearance ticket for violation of a Town law. A violation under this Chapter shall be punishable as follows:

(a) A fine not to exceed $350 for the first offense.

(b) For a conviction of a second offense, both of which were committed within a period of five years, a fine not less than $350 and not more than $700 for the second conviction.

(c) Upon conviction of a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $700 and not to exceed $1,000.

(5) Revoke the short-term rental permit. In the event a permit be revoked, all owners of the

short-term rentals are prohibited from obtaining a short-term rental permit on the

property for one year after the date of revocation. The Code Enforcement Officer

shall send notices of revocation to property owners and shall file a copy with the

Town Clerk. If the property owner has an additional permitted short-term rental property, the Code Enforcement Officer shall carry out an inspection of said properties. The property owners will be responsible for paying additional fees per inspection for each property.

§ 97-10. Application for renewal of permit.

Renewal permits will be granted for a one-year term if the following conditions are met:

A. Application for renewal of the short-term rental permit shall be made 30 days prior to

expiration of current permit and requires payment of renewal fee.

B. At the time of application for renewal, the owner or designated agent must present the

previous permit for short-term rental.

C. The property must have undergone an inspection performed by the Code Enforcement

Officer.

D. Any violations must be remedied prior to renewal of a permit for short-term rental.

E. If any of the above conditions are not met, an application must be submitted for a new

permit.

§ 97-11. Grounds for suspension or revocation of permit.

A. The Code Enforcement Officer may immediately suspend a short-term rental permit based

on any of the following grounds:

(1) Applicant has falsified or failed to provide information in the application for a permit

or the application for permit renewal.

(2) Applicant failed to meet or comply with any of the requirements of this chapter.

(3) Owner or guests are in violation of any provision of the Code of the Town of Wilson.

(4) Owner or guests have violated any provision of the Penal Code of the State of New York,

when such violation occurred at, or is related to the occupancy of the short-term rental.

(5) Any conduct on the premises, which disturbs the health, safety, peace or comfort of

the neighborhood or which otherwise creates a public nuisance.

(6) Removal or disrepair of any safety devices such as, but not limited to, smoke and

carbon monoxide detectors, fire extinguishers and egresses.

(7) Any incident occurring at the property that requires involvement of the State or Local Police.

(8) Inability of Town Official or Law Enforcement to contact with any of the owner identified contacts provided per 97-5(B)(6).

§ 97-12. Appeals and hearings.

The property owner is entitled to appeal the Code Enforcement Officer's determination to the

Zoning Board of Appeals when a property owner's application for a short-term rental permit or a

short-term rental permit renewal is denied or a short-term rental permit is revoked. A notice of

appeal shall be filed with the Town Clerk and the Zoning Board of Appeals within 60 days of the

Code Enforcement Officer's filing of the denial or revocation with the Town Clerk. A hearing

shall be held by the Zoning Board of Appeals not more than 45 days after the filing of the notice

of appeal

§ 97-13. Limitations.

A. RV’s/ Motorhomes shall not be used as stand alone short-term rental properties, or used

to supplement the maximum occupancy of the property.

B. Only one structure per property shall be permissible as a short-term rental.

C. Maximum permitted occupant load shall be determined by the most restrictive

requirements for; number of compliant bedrooms/ alternate sleeping accommodation,

number of available parking spaces, or the capacity of the sewer disposal system as

applicable.

§ 97-14. Information package to applicants.

An information package shall be made available to all applicants seeking to apply for a permit. The package shall include, but not be limited to, the Town of Wilson Law for short-term rentals, Inspection Checklist, Contact Information form to provide Emergency Contact phone numbers for the Property Owner, the Primary Alternate Contact, and the Secondary Alternate

Contact, Rental Contract form, and Good Neighbor form.

§ 97-15. Information to be permanently displayed at property.

Any approved short-term rental shall prominently display the following:

A. Maximum Allowable Occupant Load.

B. Maximum number of permitted parking spaces and Site Plan indicating property

boundaries.

C. Emergency Egress Plans posted at each level, indicating fire extinguisher locations.

D. Copy of the Town Standards

§ 97-16. Severability.

The provisions of this article are declared severable, and if any section or subsection of this

article is held to be invalid, such validity shall not affect the other provision of this article that can be given effect without the invalidated provision.

SECTION 2: The town code of the Town of Wilson is hereby amended to add the following language as § 127-23(15) to read as follows:

Short-term rentals. Short-term rental properties as defined and further regulated by Chapter 97 of the Town Code.

SECTION 3: SEVERABILITY.

The invalidity of any word, section, clause, paragraph, sentence or part or provision of this Local Law shall not affect the validity of any other part of this Local Law which shall be in effect. This Local Law shall take effect immediately upon adoption by the Town Board of the Town of Wilson and filing with the Secretary of State.