Short-Term Rentals in Great Valley
Short-Term Rentals in Great Valley
Open Comment Period Extended on Proposed Ordinance Governing Short-term Rentals in Great Valley
The Great Valley Town Board and a committee updating the town's 17-year-old Comprehensive Plan may revise a proposed short-term rental ordinance, aimed at protecting the town's residential neighborhoods without discouraging visitors and extra income for residential owners.
A professional planning consultant and Town Attorney Pete Sorgi helped prioritize short-term rental regulations because Great Valley's neighborhoods, like those in Ellicottville and other small towns, can be disrupted when non-resident landlords rent to weekend visitors who have no ties to the community.
The objectives of the "base-level" ordinance would:
• avoid conversion of traditional residential neighborhoods into commercial tourist areas to the detriment of long-time residents;
• ensure regulation doesn't negatively affect property values;
• have minimal impact on the supply of affordable long-term housing;
• minimize risks to public safety and avoid pressure on Town staff, emergency responders and law enforcement due to noise, disruptive behavior, trash, and parking problems that accompany short-term rentals.
The resulting draft was aired in a public hearing Monday, Aug. 8th, attended by about a dozen residents. The ordinance allows short-term rentals anywhere, but regulations are aimed at the denser residential areas and not the agricultural-residential zone with larger lots. The short-term rental business should avoid creating a commercial hotel in a rural neighborhood, a use that was not anticipated when the Comprehensive Plan was written, he said.
The Code Enforcement Officer would issue annual licenses to owners paying fees between $125 and $400. Rental would be limited to 120 days a year in the rural-residential (RR) and the hamlet residential-commercial (HRC) zoning districts.
Licensees would be required to provide a designated local contact person within 25 miles of the rental and provide proof of short-term or vacation rental insurance coverage. Compliance with the county's bed tax and state sales tax must be confirmed. The operator also must maintain the property, limit guests to two adults or less per bedroom, and comply with on-site parking, trash disposal, noise and signage rules.
There are stiff penalties for noncompliance and repeated violation: $500 for renting an unlicensed property; $250 for not having a local contact; $1,000 for over-occupancy and parking violations; $200 for garbage violations; $500 fine for a verified neighborhood complaint. After a third complaint, the license will be revoked.
An ordinance allows more fines and violators appear in the Town Court, Sorgi said. After hearing some comments, he suggested a zoning amendment may be more appropriate, asking, "What do you want the town to look like? Maybe we need to discuss (zoning) districts."
"With these fines, as they will find out, we're not kidding around and we will enforce it," said Councilwoman Sandra Goode, who supported regulations but objected on a couple of key points. She said the town "has no density" in any of its zones, making limits seem unfair. She also pointed out the 120-day limitation will not stop the partying and loud gatherings and industrial noise, which will also carry to homes outside the two zones.
Town Councilwoman Becky Kruszynski commented that insurance coverage is hard to enforce because it may be valid for only a short time.
"This is not the way we want to live," said Sam Capizzi, who with his wife Michelle, has been a homeowner on Bonne Ridge north of Sugartown Road since 2006. Capizziu said they've seen the arrival of several short-term rental homes in their neighborhood. He described these as "purely commercial endeavors" by non-resident investors. They said the weekend-long "frat parties" are tiresome and residents have no choice but to endure noise, clean up garbage, and plead with the visitors to remove parked cars from their yards. They favored an ordinance to require the owners to be responsible.
"I don't want to be penalized if someone else is doing wrong," said Shirley Otto, who operates an Airbnb rental in Great Valley, adding she agrees with many of the comments favoring responsible short-term rental owners.
Most agreed that short-term rentals are expanding and attracting larger gatherings and supported more public involvement. Supervisor Dan Brown stated after the discussion that he would favor a town-wide regulation in all zoning districts.
The Board sent the measure back to the committee for further study at a special meeting, to be scheduled by the Planning Board in late August. Comments may be submitted until the next Town Board meeting Sept. 12th when the public hearing will continue. Brown urged the public to attend meetings and expressed frustration that residents are unaware of some of the issues. "The most important board is the planning board. That's where we deal with the future," he said.
In a related matter, Planning Board Chairman Chris Schena announced tiny homes regulation is on the Planning Board agenda, along with two area variances. That meeting was set for 6:00pm Wednesday, Aug. 10th.
District 5 Cattaraugus County Legislator David M. Koch, the county's lone Democrat, reflected on the Legislature's recent 14-2 passage of a redistricting measure that will cut the number of representatives from 17 to 15 and combine parts of District 5 with District 3. Koch and James J. Snyder, a District 5 Republican, voted against the plan. Several Great Valley officials attended a standing room-only debate and joined in opposition to the plan. They complained of little opportunity for public input. The resolution came in an 11th-hour move to get in under a state-imposed deadline and sends the matter to voters for a referendum in November.
"People from Delevan, Yorkshire, Franklinville will be your representative," said Koch, predicting Republican primaries will decide future representation. "You will have a difficult time getting anyone to represent you."
The plan separates representation of Salamanca and Great Valley, splitting the area's minority constituencies, he said, and cementing Republican dominance throughout the county.
"I hope to educate people about what this will do," said Koch. If the plan is rejected by voters in the November referendum, the Legislature will keep its 17 representatives, with weighted voting, while forcing a new redistricting plan.
In other matters, Kruszynski reported that about 15 children have attended the five weeks of the Youth Program, which ended Aug. 18th. Also, Highway Superintendent Jack Harrington reported that a tractor, brush hog, York rake and fire engine have been sold at Tietsworth Auction for $4,069.97.