A Balanced Framework for STR Regulation in the Town of Ellicottville

Updated: November 23rd, 2024 7:20am

Ellicottville’s short-term rental (STR) policies aim to balance tourism growth with community harmony. Success relies on shared responsibility between STR license holders and the town. Key components include:

Cost of a License

  • Fees vary based on property characteristics to reflect the unique nature of Ellicottville’s housing stock, with all these factors considered together to determine a license fee.
    • Size and occupancy: Larger properties with higher occupancy limits may incur higher fees due to their greater potential for issues such as noise and overcrowding, which the town seeks to minimize.
    • Proximity to neighbors: Closer proximity may increase fees due to noise potential.
    • Amenities: Properties with amenities like hot tubs, fire pits, or other outdoor features may face increased fees due to their higher risk of noise disturbances, which can disrupt neighbors and the community.
  • Seasonal licenses for limited rental periods should be subject to adjusted fees.

No License Caps

  • There should be no limit on the number of licenses issued per individual or across the town.
    • Allowing supply to increase or decrease based on demand ensures that rental prices remain balanced and competitive. By avoiding artificial restrictions, the town can better align lodging availability with visitor needs, preventing prices from spiraling too high, making rentals unaffordable, or too low, which can increase the risk of noise disturbances.
    • This flexibility benefits both visitors, by providing diverse and affordable lodging options, and the local economy, by supporting consistent tourism.

Noise Ordinance Fees as a Deterrent

  • Noise violation fees should be significant, clearly posted online, and enforceable.
  • Posted Violations: Violations should be publicly searchable and include:
    • The name of the license holder.
    • The address of the property.
    • The name of the guest party leader.
    • Details and the date of the violation.
  • License holders pay the fine but may charge the guest responsible, ensuring accountability while simplifying enforcement.
  • Public records allow license holders to ban problem guests.

Three-Strike System

  • Violations Include: Noise complaints, over-occupancy, safety violations, waste management issues, and unresponsiveness.
  • Consequences:
    • First Violation: A fine that can be passed to the responsible guest.
    • Second Violation: A higher fine and a mitigation plan.
    • Third Violation: License suspension or revocation across all properties owned by the license holder.

Licensing and Inspections

  • Annual Renewal in May: Allows for manageable processing, avoiding end-of-year delays.
  • Occupancy Limits: Tied to tax-assessed bedrooms, aligning STR laws with tax codes.
  • Inspections: Pre-scheduled to respect license holders’ and guests’ privacy. During inspections, license holders that are being grandfathered should not face excessively high expenses due to changes in code, ensuring fairness and reasonable compliance.

License Holder Responsibilities

  • Communicate local noise laws to guests before and during their stay.
  • Collect fines from offending guests to maintain accountability.
  • Respond to any reported issues within one hour.
    • Response Defined: A response does not require the license holder to physically be at the property but does require appropriate action (e.g., contacting the guest or dispatching a property manager or service to resolve the issue).

Increased Transparency

  • Publicly accessible data on violations enables tracking trends and evaluating policy effectiveness.
  • Transparency fosters informed discussions about potential updates to regulations.

By combining variable fees, addressing the higher risks associated with larger properties, ensuring flexibility in licensing to match demand, and providing transparent data, Ellicottville’s STR policies ensure economic growth and community balance.

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