LEGAL NOTICE
The Board of Trustees of the Village of Roslyn Estates will hold a public hearing at 7:30 p.m. on Monday, October 15, 2018, at the Village Hall, 25 The Tulips, Roslyn, New York 11576, with respect to Bill 4 of 2018, a proposed local law amending Chapter 200, ‘Zoning’ of the Code of the Village of Roslyn Estates, to Regulate Short Term Home Rentals, as follows:
‘Section 1. Legislative findings. The Board of Trustees of the Village of Roslyn Estates has determined that it is in the best interests of the Village and its residents to restrict short-term rental of homes within the Village by requiring that the term of any rental shall be for not less than 120 consecutive days in a 365 day period, and that the Village Clerk be notified by each owner whenever a rental is contemplated. The Board finds that, in order to protect the health, safety and welfare of the Village and its residents, it is necessary to restrict the rental of homes for terms shorter than 120 consecutive days, a practice which is growing in popularity, with the advent of internet and social media-based programs that connect property owners and persons seeking short-term rentals of single family homes. The Board notes that the Village is zoned primarily for single family home use. The Board finds a reasonable likelihood of material disruption and adverse impact to the residents if homes in the Village are allowed to be occupied by persons who are neither owners nor occupants for a duration sufficient to support an incentive to maintain the home in a manner consistent with community standards for single family homes occupied for longer durations, and to conduct themselves during their occupancy in a manner that respects neighbors and the community as would persons with longer standing relationships to their neighbors. The Board believes that the restrictions imposed hereby further those objectives and the protection of the health, safety and welfare of the Village and its residents.
Section 2. Chapter 200, ‘Zoning,’ of the Code of the Village of Roslyn Estates, is hereby amended by adding thereto a new Section 200-21, at the end of Article IV thereof (‘General Regulations’), to be entitled ‘Rentals,’ which shall read in its entirety as follows:
“ ß 200-21. Rentals.
A. Renting, leasing or letting of a single-family dwelling by a homeowner to another family or individual for 120 consecutive days or more while the owner does not occupy the premises is a permitted use. No more than two such rentals, leases or lettings may occur in any 365-day period. No person shall rent, lease or let a single-family dwelling for a term less than 120 consecutive days during a 365-day period. The homeowner must notify the Village Clerk of the name and contact telephone number of each individual occupying any premises upon any rental, lease or letting authorized under this section.
B. If this section causes a significant hardship to any property owner, then the owner may make written application to the Board of Trustees requesting an exemption from the provisions of this section. After due notice and a public hearing on such application, the Board of Trustees may grant such exemption and impose any conditions as may be deemed reasonable or necessary. No exemption shall be granted pursuant to this section, except upon a determination in the sole discretion of the Board of Trustees that significant hardship to the applicant results from the application of the provisions of this section to the applicant, and that, under all relevant circumstances, such exemption is not likely to adversely impact the health, safety or welfare of the village or its residents. In rendering its decision on any application for an exemption, the board of trustees will consider whether the applicant has previously requested exemptions, as the frequency of exemptions granted may impact the health, safety or welfare of the village or its residents.
C. Notwithstanding any contrary provision contained in Section 200-74 of this Chapter, each and every violation of, or failure to comply with, any provision of this Section 200-21 shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than seven thousand five hundred dollars ($7,500), or imprisonment for a period not to exceed fifteen days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than seven thousand five hundred dollars ($7,500), nor more than fifteen thousand dollars ($15,000), or imprisonment for a period not to exceed fifteen days, or both such fine and imprisonment; and, for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than fifteen thousand dollars ($15,000), nor more than thirty thousand dollars ($30,000), or imprisonment for a period not to exceed fifteen days, or both such fine and imprisonment. Each week’s continued violation shall constitute a separate additional violation hereunder. For each and every violation hereunder, the owner of a building or premises where any such violation has been committed, or shall exist, and each of the lessee or tenant of an entire building or entire premises where any such violation has been committed or shall exist, and each of the owner, lessee or tenant of any part of a building or premises in which part any such violation has been committed or shall exist, and each other person who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall be liable hereunder with respect to such violation.’
Section 3. Clause ‘B.’ of Section 200-74, ‘Enforcement; Penalties for Offenses,’ of Chapter 200, ‘Zoning,’ of the Code of the Village of Roslyn Estates is hereby amended to read in its entirety as follows:
“B. Except with respect to any provision of this Chapter that expressly establishes a different fine and penalty for the violation thereof, each and every violation of, or failure to comply with, any provision of this Chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than one thousand dollars ($1,000), or imprisonment for a period not to exceed fifteen days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000), or imprisonment for a period not to exceed fifteen days, or both such fine and imprisonment; and, for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000), or imprisonment for a period not to exceed fifteen days, or both such fine and imprisonment. Each week’s continued violation shall constitute a separate additional violation hereunder. For each and every violation hereunder, each of the owner, general agent or contractor of a building or premises where any such violation has been committed, or shall exist, and each of the lessee or tenant of an entire building or entire premises where any such violation has been committed or shall exist, and each of the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part any such violation has been committed or shall exist, and each of the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall be liable hereunder with respect to such violation.’
Section 4. Effective Date. This local law shall take effect immediately.’
At time and place of public hearing, all persons will be given opportunity to be heard. Those persons planning to attend meeting who require special accommodations because of disability should notify Village Clerk no less than 48 hours prior to meeting.
Dated: Roslyn Estates, New York
September 25, 2018
By Order of the Board of Trustees of the Village of Roslyn Estates
Michael Tomicich,
Village Clerk
RT #149296
1x 10/5/2018 #149296
