HomeMy WebLinkAboutTown of Fulton - Permit Number Regulations.pdfLocal Law Filing
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
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Albany, NY 12231-0001
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(Use this form to file a local law with the Secretary of State.)
Text of iaw should be given as amended. Do not Include matter being eliminated and do not use
italics or underlining to indicate new matter.
•County •City |X|Town •Village
(Select one:)
of Fulton
FILED
STATE RECOf^DS
MAR 14 im
Local Law No. 1 ofthe year 2024 DiPA^T/^gl^T or STATE
A local law Term Rental Regulation
(Insert Title)
Be it enacted by the Town Board ofthe
(Name of Legislative Body)
•County QCity ^Town •Village
(Select one:)
of Fulton as follows:
See Attached
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev.04/14) Page 2 of 4
(Complete the certification in the paragraph that applies to the filing ofthis local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local iaw No. 1 of 20^4 of
the (County)(City)(Town)(Village) of Town of Fulton jy,y pgggg^j
Town Board on ^^^^^ 2024 , jp accordance with the applicable
(Ndme of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disappro^
on 20| I I, in accordance w Ith the applicable provisions of law.
(repassed after disapproval) by the [ ; and was deemed duly adopted
(Elective ChiefExecutive Officer*)
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No, of 20 of
the (County)(City)(Town)(Village) of ^ was duly passed by the
on 20 . and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 .
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local iaw annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
, . on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such locai
(Elective ChiefExecutive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20^ , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elscted on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-l (Rev.04/14) Page3of4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certily that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (speclal)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20 of
the County of ^State of New York, having been submitted to the electors at the General Election of
November 20 pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, pleasej^ovide an appropriate certification.)
I further certify that I have compared the preceding local law with the originai^n rHe In thjs office and that the same is a
correct transcript therefrom and of the whole of such original local law, and/vas firrplly ag^ted^n Jhe maimer indicated in
paragraph, above.
(Seal)
DOS-0239-f-l (Rev.04/14) Page 4 of 4
SHORT TERM RENTAL REGULATIONS
ofthe Town of Fulton
Local law # 1 of 2024
Section 1 - A local law providing those properties being rented on a short-term transient basis meet
certain minimum safety and regulatory requirements ensuring the safety, general welfare and health of
persons occupying Short Term Rentals and neighboring properties.
Section 2 - Purpose
With the current increase in tourism in the Town of Fulton and adjacent areas, there has been an
increase in the number of property owners renting to tourists on a short-term transient basis. The
purpose of this local law is to regulate and control the number of short term rentals (STR) in order to
preserve a balance between STR's and full time primary residency in the Town of Fulton, while
allowing permitted residents ofthe Town of Fulton to take advantage ofthe economic benefits of
STR's, while protecting the renters and all residents ofthe Town of Fulton. The following local law
imposes regulations and standards on all Town of Fulton property owners that desire to rent on a short-
term transient basis.
Section 3- Definitions
The following words, terms and phrases, when used in this Law, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
A- Guest - A renter at a Short-Term Rental who occupies such STR on an overnight basis for a
period of not more than thirty (30) days.
B- Hosted Property- owner resides on the property on which an STR is located.
C- Local Property Manager (LPiVI)/Emergency Contact - Person that lives within thirty (30) miles of
the Un-hosted Property STR and be available to respond within one (1) hour. Responsibilities of
the LPM include handling the day-to-day operation of the STR, assuring that all rules and
regulations are met by guests including noise, parking and garbage disposal and shall respond
to all complaints from the Town or public. Name, address and all contact information ofthe LPM
must be filed with the permit application to the Town.
D- Operator- Person or entity that conducts the business of the STR.
E- Owner- An individual or group of individuals who has legal or equitable title to the STR property.
F- Property- A parcel of land and any dwellings and structures contained on it located within the
boundaries of the Town of Fulton.
G- Short Term Rental- A primary residence or dwelling unit or sleeping unit that is rented or leased
in whole or part to one entity for not more than thirty (30) days. Any dwelling unit, which is rented
or leased to individuals, or families who then allow others to occupy the dwelling for not more
than thirty (30) days, shall be considered a short-term rental and will require a permit for such.
For purposes ofthis definition, "Rental" means an agreement granting use or possession of a
residence, in whole or part, to a person or group in exchange for consideration valued in money
or valuable consideration.
H- Un-hosted Property- owner not living on the STR property but must have a Local Property
Manager on file with the Town.
I- Party House- A single-family, two-family, or multi-family dwelling unit, including all accessory
structures and the dwelling unit's curtilage, which is used for the purpose of hosting a private or
commercial event. For this definition, event includes parties, ceremonies, receptions or similar
large-scale gatherings where a fee is charged for the use of the dwelling unit, whether or not the
attendees are charged entry to the event; or parties, ceremonies, receptions or similar large-
scale gatherings where attendees are charged entry.
Section 4 - Regulations
A- Every new STR within the Town of Fulton must obtain a permit priorto commencing operation,
and every existing STR within the Town of Fulton shall apply for an initial permit within ninety
(90) days ofthe effective date ofthis iocal law from the Town Code Enforcement Official (GEO).
B- Nonpermanent Structures, Tents, Trailers, RVs, and other Camping Units are not contemplated
hereunder and short-term rentals in any such nonpermanent structures or Camping Units are
expressly prohibited.
C- Party Houses. Residential neighborhoods are designed for residential dwelling and the peaceful
enjoyment ofthe residents; and the occurrence of loud or unruly gatherings is a threat to the
quiet enjoyment ofthe property and to the public health, safety, and welfare due to excessive
noise, traffic obstruction of streets, service of alcohol to minors, public drunkenness, fights,
disturbances ofthe peace, vandalism and litter; and such intrusion may cause the degradation
ofthe residential character ofthe neighborhoods; large-scale commercial event venues shall be
directed to non-residential areas where they are viable without infringing on the residential
character of neighborhoods and are expressly prohibited in residential areas.
D- Permits shall be applicable to one tax parcel only. Ifthe STR covers more than one parcel, the
owner must obtain a permit for each parcel utilized as an STR.
E- STR permits shall be issued only to the property 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 property.
F- STR's shall be limited to single rentals, and are prohibited in multi-family dwellings.
G- Each permitshall have a term of one (1) year beginning on February 1st and expiring on
January 31st ofthe following year and must be renewed at least thirty (30) days (applications
are due to the town clerk no later than December 31st) prior to the expected expiration ofthe
existing STR permit by submitting a complete application with the appropriate fee. All permits
will be renewed when appropriate inspections are completed.
H- The total number of STR's will be determined by the Town of Fulton Town Board from time to
time. The Town Board shall annually review this cap and may exercise its discretion to adjust
the cap if it is determined that such an adjustment is necessary to protect the public health,
safety and welfare and promote the Town's future goals for the development of the community.
I- The CEO, within thirty (30) days of the receipt of a complete application, shall conduct an initial
inspection ofthe following items and upon completion and compliance, the initial permit shall be
issued.
1- The structure has a valid certificate of occupancy or compliance.
2- The structure meets NYS Building Code and does not pose a hazard to life, health or public
safety, based on on-site inspection by the Town CEO.
3- The applicant must provide a water test result of the potable water supply of the rented
dwelling that complies with Subpart 5-1 (non- community water system) ofthe New York
State Sanitary Code. Subsequent water tests shall be required upon annual renewal ofthe
STR permit.
4- The occupancy of the building utilized for the STR shall not exceed the number of persons
approved by the CEO based upon bedrooms, in accordance with the current New York State
Building Code.
5- STRs shall not rent more than five (5) bedrooms and shall be limited in occupancy to
sleeping ten (10) persons or less. A maximum capacity of two guests per bedroom shall be
permitted. Any establishment with more than five (5) bedrooms that can house and sleep
more than ten (10) persons shall not be considered an STR and will be subject to the same
rules and regulations as hotels/motels.
6- Ali parking for STR's must occur on the parcel. No parking on any roads by STR guests,
renters or visitors will be allowed unless approved by the CEO at the time of the initial
application and inspection and will be noted on the issued permit. Failure to comply at all
times with the requirements herein shall result In a revocation ofthe permit until remedied
and approved by the CEO.
7- The applicant shall provide the Emergency Contact/LPM contact numbers on the application
and shall prominently display such information in the STR. All emergency calls from any
official or renter must be responded to within sixty (60) minutes.
8- Proof of hazard/liability insurance in an appropriate amount shall be provided with the
application.
9- The 911 address of the rental property shall be prominently displayed at the curb of the
property In numbers at least four (4) inches high.
10- STRs shall prominently display the following information: name, address, phone number and
email address ofthe owner (Hosted Property) or Local Property Manager (Un-hosted
Property) who will be available for problems with the STR or emergencies that may arise;
instructions on dialing 911 for emergency fire/ambulance assistance (including STR street
address and town); a property map that clearly depicts the STR property boundaries;
instructions for garbage/waste disposal (approved container shall be provided by STR
owner). This information must be updated if any changes occur and the CEO must be
notified of such within one (1) business day of the change.
11- ln all STRs, a fire-safety notice shall be affixed to the occupied side of the entrance door of
each bedroom for transient use indicating all of the following:
(a) Means of egress.
(b) Location of means for transmitting fire alarms, if any.
(c) Evacuation procedures 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.
12- Fire safety requirements including smoke alarms, C02 alarms, fire extinguishers and egress
will be in accordance to the current New York State Fire Code. Fire extinguisher certification
Is required every twelve (12) months.
J- A failure to obtain an STR Pennit as required by this Section (Section 4) of this law shall be
punishable by a fine of not less than $500.00; a conviction of a second offense, within a period
of five (5) years of the first conviction, shall be punishable by a fine of not less than $1000.00.
Each full week that the violation continues shall be deemed a separate offense
Section 5- Inspections
The CEO shall make annual fire/safety inspections to determine the condition of short-term rentals to
ensure compliance with this chapter and other applicable laws. For the purpose of pert'orming
inspections, the code official may enter, examine and survey, at all times, all buildings, dwelling units,
guest rooms and premises on presentation ofthe proper credentials. The Owner or Host of an
establishment, or the person in charge, shall give the code official free access to the building.
Section 6- Enforcement
A- Owners and Guests of STRs shall obey all Laws, Ordinances and Regulations applicable in the
Town of Fulton.
B- Whenever the CEO finds on Inspection of the physical premises or review of applicable records
of any short-term rental, that conditions or practices exist that violate any provision of these
regulations, the Property Maintenance Code, or any other Law, Rule or Regulation, or that the
establishment has failed to comply with any provision, prohibition or requirement related to the
registration, reporting, collection, segregation, accounting, disclosure or payment of county bed
taxes, the CEO, at their discretion, shall serve upon the Owner or Host either an Order, in
writing, directing that the conditions therein be remedied within the time specified in the Order or
an Appearance Ticket requiring the holder of such permit to appear before the Town Justice of
the Town of Fulton at a time to be specified in such summons. Said order or summons shall be
served personally or by certified mall.
C- Penalties for Offenses
Any person or persons who shall violate any provisions ofthis chapter shall be guilty of a
violation punishable by a fine of not less than $250.00 or imprisonment for a period not
exceeding 15 days, or both such fine and imprisonment.
A conviction of a second offense for the same violation, within a period of two (2) years of the
first conviction, shall be punishable by a fine of not less than $500.00 or imprisonment for a
period not exceeding 15 days, or both such fine and imprisonment. Each day's continued
violation shall constitute a separate offense.
A conviction of a third offense for the same violation within any time period shall be punishable
by a fine of not less than $1000.00 or imprisonment for a period not exceeding 15 days, or both
such fine and imprisonment and revocation of the permit for a period of five (5) years.
Section 7- Fees
Fees will be by resolution ofthe Town Board.
Section 8 - Separability
Each separate provision ofthis local law shall be deemed independent of all other provisions herein,
and if any provisions shall be deemed invalid, all other provisions hereof shall remain valid and
enforceable.
Section 9 - Effective
This Local Law shall take effect immediately upon the filing with the Secretary of State in accordance
with section 27 ofthe Municipal Home Rule Law.
Enacted: By the Town Board ofthe Town of Fulton
I hereby certify that this local law, designated as Local Law No. 1 of 2024, was duly passed by the
Town Board ofthe Town of Fulton on March 11, 2024 in accordance with the applicable provisions
of law.
I further certify that I have compared the preceding local law with the original on file in this office and
that the same ii a correct transcript there from and of the whole of such original local law, and was
finally adopted in the manner indicated above.
(SEA
Date: March 11, 2024
Dawn Skowfoe
Town Clerk