Local Law #2-2023 Short-Term Rentals

​Town of Greenport
State of New York
Proposed Local Law No.   2      of 2023
 
 
A LOCAL LAW TO AMEND CHAPTER 48 OF THE CODE OF THE TOWN OF GREENPORT, SHORT-TERM RENTALS
 
 
BE IT ENACTED by the Town Board of the Town of Greenport as follows:
 
Section 1. Title of Local Law.
 
This Local Law shall be titled “A Local Law to Amend Chapter 48 of the Code of the Town of Greenport, Short-Term Rentals.”
 
Section 2. Authorization.
 
This Local Law to amend the Chapter 48 of the Town Code of the Town of Greenport as enacted pursuant to the authorization established in the New York State Municipal Home Rule Law Section 10.
 
Section 3. Amendments of Chapter 48 of the Town Code of the Town of Greenport.
 

1. Section 48-1(A) of the Town of Greenport Code is hereby amended to repeal subsection (A)(1) in its entirety and replace with:

 

1. Site plan approval by the Town of Greenport Planning Board if there are more than two bedrooms for rent in a building.

 

1. Section 48-1(A), subsection (A)(2) is hereby amended to replace “Town Clerk” with “Building Department”.

 

1. Section 48-3(A) is hereby amended to repeal the following language:

 
“Following receipt of site plan approval in accordance with Chapter 101 of the Town Code, each applicant for a short-term rental under this chapter shall register its short-term rental by written application on a form supplied by the Town Clerk setting forth the following:”
 
And replace with:
 

1. Each applicant for a short-term rental under this chapter shall register its short-term rental by written application on a form supplied by the Building Department setting forth the following:

 
 

1. Section 48-3(B) is amended to add “, if applicable,” after “copy of executed site plan approval…”.

 

1. Section 48-3 is further amended to include a new subsection (D) which shall read:

 
D.   No application shall be entertained or approved without site plan approval if the
       building contains more than two (2) bedrooms for rent in a building.
 

1. Section 48-4(A) is hereby amended to replace references to the “Town Clerk” with “Building Department.”

 
 
Section 8. Severability.
 
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any individual, firm or corporation, or circumstance, shall be held by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
 
Section 9. Supersession.
 
Pursuant to the powers granted by the Municipal Home Rule, this Local Law supersedes all provisions of the Town of Greenport Town Code, in so far as such statues are inconsistent with this Local Law and any other laws or regulations of the Town of Greenport are superseded to the extent necessary to give this Local Law full force and effect. All other provisions shall remain the same.
 
Section 10. Effective Date.
 
This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Municipal Home Rule Law Section 27.