Mburgh Village Approves Short-Term Rental Law

MIDDLEBURGH - Middleburgh village board members Monday adopted a local law on short-term rentals.

There were some suggestions during the public hearing to allow a percentage of STRs (also known by its trademarked name, Airbnbs) in the historic district, but board members decided to stay with the law as outlined. The local law also includes a fee schedule for STRs.

Village board member Kevin Young, a former member of the planning board, said that the planning board reviewed the law and agreed to send it back to the village for adoption.

Most of the comments at the public hearing were questions and clarifications about the law, but Canady Hill Road resident Yoav Tadmor suggested allowing a percentage of STRs in the historic district and if there were problems, it could be changed.

Many homes in the historic district are in bad shape and everyone would benefit if they were refurbished for an STR, he added. 

Mayor Tim Knight said that the concern in the historic district is the possibility of absentee landlords running the STRs and potential upkeep problems. 

Mr. Tadmor suggested allowing a small percentage such as three to five percent and if it it does not work, it can be changed.

A big issue, Mr. Young said, was that if the STRs are non-owner occupied, there could be people from all over the country buying properties, The historic district basically covers River Street, Middlefort Road, and both sides of Main Street up to the memorial park on one side and Gorge Road on the other.

ZBA Chairman John Wingfield noted that in some areas, people buy up properties in small villages, with a decline in the "quality of life" in the village.

There are currently four STRs in the village with 11 or 12 units, according to Mayor Knight.

Board members unanimously adopted the local law.

Trustee Tinker had no objections and said the law was "better than what we have now."

Trustee Young said the law covered all the bases on what needed to be addressed.

Trustee Amanda Fernandez said the law protects the integrity of the historic district. STRs in the historic district could have a negative impact down the road, she added.

Mayor Knight and Trustee Sheryl Adams also supported the law.

The village formed a committee last March to add a law to its Zoning Law, specifically regarding STRs within the Commercial and Historical Districts in the community.

Mr. Wingfield, a member of the STR committee, said Monday that bed and breakfasts are allowed in the village as long as they are owner-occupied. There are already several bed and breakfasts in the village.

STRs are for non-owner occupied homes, Mr. Wingfield said. Committee members looked at STR laws from several towns and used parts of others to form a proposed law.

The proposed law contains several important requirements, Mr. Wingfield noted.

Among them are:

* Stays must be less than 30 days.

* The owner or a designated manager must be within one hour to handle complaints. Where the owner of the premises does not reside on the parcel on which an STR is located, the Village Clerk must have on file information of a local property manager for any un-hosted properties within the village. The local property manager must be located within 30 miles of the STR and available to respond to any and all tenant or government requests within one hour.

* They would be in the commercial and historic districts.

* There would be annual fire and safety inspections.

* Parking must be provided on the parcel.

* Fines would be imposed if rules are not followed.

* The fees are set by the village board.

* The number of units is capped at 25.

The owners of existing STRs would have to come under the new regulations within six months after the approval of the law.

The law reads in part,

"The purpose of this local law is to regulate short-term rentals allowing permitted residents of the Village of Middleburgh to take advantage of the economic benefits of such rentals, while preserving the quality of life of all Village residents through minimum safety and regulatory requirements set by New York State."

An STR is defined as "a non-owner-occupied dwelling or sleeping unit (or owner-occupied unit that does not fall under provisions for Home Occupation) that is rented or leased in whole or part to one entity for not more than 30 days."

Other regulations include:

* Every new STR within the Village of Middleburgh must obtain a permit prior to commencing operation, and every existing STR (or pre-existing non-conforming use) within the Village of Middleburgh shall apply for an initial permit within six months of the effective date of this local law from the Village Code Enforcement Officer on an application of suitable form approved by the Village Board. Failure to comply shall be punishable by a civil fee in an amount set by resolution of the Village Board.

* Non-permanent structures, tents, trailers, recreational vehicles, and similar camping units or out-buildings are not allowed as STRs in the Village of Middleburgh.

* STRs under these provisions are only allowable in the Commercial and Historic districts within the Village. Home Occupations regulated in the Village of Middleburgh Zoning Law are unaffected. 

* STRs created in the Historic district must be in owner-occupied structures. Additional use cases for Historic District property owners not otherwise described herein (e.g. STR in a structure other than primary structure, occasional whole house rental with LPM in place) shall be subject to a Special Use Permit issued by the ZBA.

* STRs within the Commercial district shall not exceed 25 units.

* Permits shall be applicable to one tax parcel only. If the STR covers more than one tax parcel or if owners/operators choose to operate more than one STR in the Village of Middleburgh, the Owner must apply for and obtain a permit for each parcel utilized as an STR.

* STR permits shall be issued only to the owner of the STR being registered and may not be transferred or assigned by the Owner listed on the application and shall not be conveyed with a sale or transfer of the premises.

* Each permit shall have a term of one year expiring one year from issuance. Existing permits must be renewed at least 45 days prior to the expected expiration of the existing STR permit by submitting a complete application with the appropriate fee to the Village Clerk. All permits will be renewed when appropriate inspections are completed.

* STRs shall be limited in occupancy to sleeping 10 persons or less.

* There must be one and one-half parking spots per bedroom in the STR.

* All parking for STRs must occur on the permitted parcel and not extend into other private or public roadways. No alternative parking arrangements shall be allowed unless approved by the Department of Public Works Superintendent and CEO and reviewed on a regular basis with the owner of the permitted parcel and any other interested parties. Failure to comply with the requirements herein or failure to provide an adequate parking plan shall result in a possible revocation of the permit until remedied and approved by the CEO and DPW Superintendent.

* A failure to obtain an STR Permit as required by this law, operating an STR outside of the regulations and standards as defined by this law, or violations of any provisions of this law shall be punishable by a fine of $250. A judgment of any additional offenses within a period of five years of the first judgment shall be punishable by a fine of $500. Each full week a violation continues shall be deemed a separate offense.

The application fee for an STR is $50 and the fire/safety inspection is $25.