AGENDA
TOWN OF GENEVA
REGULAR BOARD MEETING
December 8, 2015
1.
6:30 p.m. – Informal discussion of town board, department heads and public.
2.
7:00 p.m. - Call to order the Regular Meeting of the Town Board. Pledge/Opening – Rick Larsen
3. Privilege of the floor.
4.
Approval of the minutes of the Town Board Regular Meeting of November 10, 2015.
Motion _______________________ Second ____________________
5.
Town Clerk’s report.
Questions, comments.
The Board acknowledges receipt.
6.
Code Enforcement Officer’s report.
Questions, comments.
The Board acknowledges receipt.
7. Supervisor’s report of finances for the previous month, and budget comparisons.
Questions, comments.
The Board acknowledges receipt.
8. RESOLUTION NO. 115-2015 – Approving Bills.
Whereas certain bills for services and goods received or to be received by the town have been presented for payment, and
Whereas those bills have been reviewed by the supervisor’s bookkeeper, the supervisor and other members of the town board, and
are in proper order for payment, now, therefore, it is
RESOLVED that the supervisor is authorized to pay these bills.
Motion: ____________________
Second: _____________________
9. RESOLUTION NO. 116-2015 – Authorizing Scheduling of a Public Hearing.
RESOLUTION AUTHORIZING SCHEDULING OF A PUBLIC HEARING
FOR A PROPOSED LOCAL LAW
RESOLUTION NO. 116-2015
WHEREAS, the Town Board of the Town of Geneva, after due deliberation, finds it in the best interests of the Town to schedule a
public hearing to solicit public comment upon the proposed Local Law attached hereto as Exhibit 1; and
WHEREAS, the Town Board of the Town of Geneva has reviewed the draft of the aforementioned proposed Local Law and deems
it in the best interests of the Town of Geneva to proceed in accordance with the Code of the Town of Geneva and the Laws of the State of
New York in adopting said Local Law,
NOW, THEREFORE, BE IT RESOLVED, that the Town Clerk be, and she hereby is, directed to schedule a public hearing to be
held on December 29, 2015, at 7:00 p.m. at the Geneva Town Hall, 3750 County Road 6, Geneva, New York; and be it further
RESOLVED, that the Town Clerk, be and hereby is, authorized to forward to the official newspapers of the Town a Notice of Public
Hearing in the form substantially the same as that attached hereto as Exhibit "2"; and be it further
RESOLVED, that the Town Clerk be, and she hereby is, directed to post a copy of the proposed Local Law on the Town of Geneva
sign board and take any and all other necessary actions to properly bring the aforementioned Local Law before the Town Board of the Town
of Geneva for its consideration; and be it further
RESOLVED, that the Town Clerk be, and hereby is, authorized to provide all other notices as required by law for the adoption of
this local law.
I, Lorrie S. Naegele, Town Clerk of the Town of Geneva do hereby certify that the aforementioned resolution was adopted by
the Town Board of the Town of Geneva on December 8, 2015 by the following vote:
Aye
Mark Venuti
Richard Larsen
Nay
Patrick Malcuria
Melissa Nault
Mark Palmieri
Dated: December 8, 2015
______________________________
Lorrie S. Naegele, Town Clerk
Motion _______________________
Second ____________________
EXHIBIT “1” and EXHIBIT “2”; attached:
10. RESOLUTION NO. 117-2015 – Amending Comprehensive Plan.
Whereas the Comprehensive Plan of the Town of Geneva was approved by Resolution 98-2015 at the town board meeting
of October 13, 2015; and
Whereas the plan includes a proposal for a north to south bicycle/pedestrian path or greenway, the tentative location of
which has since caused concern and generated opposition from some town residents; and
Whereas at the Comprehensive Plan Committee meeting of November 19, 2015, the town’s plan consultant, George Frantz,
made a presentation on the path and proposed, in light of the concerns expressed by residents, that the map showing the path show
its general direction only because the exact location of the path has not been set, and that language to added to the plan that input by
residents regarding the location and design of the path will be critical to ensuring a high quality facility that addresses privacy, safety
and security concerns; now therefore it is
RESOLVED, the Comprehensive Plan is amended at pages 23 and 37 to add the language highlighted on the attached
revised pages 24 and 37, and the map showing the path at page 24 of the plan will be replaced with the attached revised page 24.
Motion _______________________
Second ____________________
11. RESOLUTION NO.118-2015 – Paying Town Clerk for Tax Collector Services for December 2015.
Whereas elected Tax Collector Helen Garlick resigned effective December 1, 2015; and
Whereas the town board appointed town clerk Lorrie Naegele as tax collector to serve out the remainder of Helen Garlick’s
term, which is through 2017, with the same salary as 2015, to begin January 1, 2016; and
Whereas Lorrie Naegele has taken up the tax collector duties as of December 1, 2015, and the pay for this position for
December is not being taken by Helen Garlick; now therefore, it is
RESOLVED Lorrie Naegele will receive the tax collector pay for December 2015.
Motion _______________________
Second ____________________
12. RESOLUTION NO.119-2015 – Accepting George R. Frantz & Associates Proposal for Code Revisions.
Whereas part of implementation of the new Comprehensive Plan of the town requires revisions to the Town Code,
especially the zoning code and map; and
Whereas George R. Frantz & Associates was the consultant for the Comprehensive Plan and has learned a great deal
about the town and what is desired and needed for implementation of the plan, and was asked to make a proposal for revising the
town code; and
Whereas the proposal submitted by George Frantz includes working with the town’s Committee, holding two public forums
for residents, preparing proposed revisions to the code and zoning map consistent with the Comprehensive Plan, and environmental
quality review, at a total cost of $19,325.00, which is below what was budgeted for this activity; now therefore, it is
RESOLVED the proposal of George R. Frantz & Associates to work on town code revisions during 2016 for $19,325.00 is
accepted.
Motion ___________________
13. RESOLUTION NO. 120-2015 – Rescinding Resolution 112-2015.
Second _____________________
Whereas Resolution 120-2015, which opposed the proposed contract between the owner of the Seneca Meadows landfill
and New York City for accepting more NYC waste at Seneca Meadows by rail, incorrectly stated the landfill is in the Seneca Lake
watershed, when it is in the Cayuga Lake watershed, and it could otherwise be refined; now therefore it is
RESOLVED Resolution 120-2015 is rescinded.
Motion _______________________
Second ____________________
14. RESOLUTION NO. 121-2015 – Opposing Contract for Rail Trash from NYC to Seneca Meadows Landfill.
Whereas the Seneca Meadows landfill, located in nearby Seneca Falls in the Cayuga Lake watershed, is the largest in New
York State and only has the capacity to accept waste at current levels until 2023, but its owner, IESI NY Corp. of New Jersey, a
subsidiary of Canadian company Progressive Waste Solutions, has submitted a bid for a 20-year contract to accept waste from New
York City at Seneca Meadows via railroad cars for 20 years with two five-year renewal options; and
Whereas this trash would travel over train tracks through the Finger Lakes region, possibly including the Town of Geneva and the
Seneca Lake watershed, would have to be trucked from the rail end to the landfill, and would greatly extend the life of the landfill and
bring millions of tons of garbage and inevitably hazardous waste into the region over the next 20-30 years; and
Whereas this plan is opposed by the Finger Lakes Wine Business Coalition and many others concerned with protecting the
environment of the Finger Lakes, and it would perpetuate the dangerous practice of landfilling waste rather than reducing, reusing
and recycling; now therefore, it is
RESOLVED the Geneva Town Board is opposed to this contract and urges the City of New York to reduce its trash, and handle what
it cannot reduce within its own environs, and it urges the NYS Department of Environmental Conservation and all other agencies and
municipalities with jurisdiction over this matter to disapprove it.
Motion _____________________
Second _____________________
15. RESOLUTION 122-2015 – Authorizing Agreement with CMA, Inc. for Small Cell/Microtower Network.
Whereas areas of the town are without cable and unable to obtain high-speed or broadband internet services at all or at reasonable
rates; and
Whereas CMA, Inc. has offered to bring a small cell or microtower network to the town to provide those services at reasonable prices
to consumers and to share the rental revenue paid by providers with the town; now therefore, it is
RESOLVED the supervisor is authorized to sign the agreement with CMA, Inc. attached to this resolution.
Motion ________________________
Second _____________________
16. RESOLUTION NO. 123-2015 – Authorizing Renewal of Bond Anticipation Note for Water District 3, Extension 8.
Whereas a bond resolution of the Town of Geneva for improvements to Water District 3, Extension 8 was
adopted by the Town Board on December 11, 2007, which resulted in a Bond Anticipation Note with Lyons National
Bank, last renewed December 19, 2014 in the amount of $97,046.59, coming due December 18, 2015, together
with interest at the rate of 1.45%; and
Whereas the full amount due cannot be paid without significant cost to property owners, and it need not be paid
in full and may be and has been renewed annually with a payment against principal and the interest due; now
therefore it is
RESOLVED the Supervisor of the Town is authorized to pay $2,858.00 toward principal, and the interest due,
on or before December 18, 2015, and to sign a new Bond Anticipation Note for a year with the Bank of the Finger
Lakes binding the Town of Geneva for the balance due of $94,188.59, plus interest.
Motion _______________________
Second ____________________
17. RESOLUTION NO. 124-2015 – Approving Agreement for Expenditure of Highway Moneys.
Whereas the 2016 budget of the Town of Geneva includes the sum of $381,800.00 for Highway Department general repairs;
and
Whereas as part of those general repairs the Town Board approved the expenditure of $220,000.00 for road work during
2016; and
Whereas the Town Superintendent of Highways has prepared an Agreement for the Expenditure of Highway Moneys
pursuant to Section 284 of the Highway Law of the State of New York, proposing to expend certain sums on certain Town highways
as presented to and approved by the Town Board during the process of adopting the 2016 Town budget; now therefore, it is
RESOLVED the Town Board approves the Agreement for the Expenditure of Highway Moneys in 2016, and the members of
the Board will sign the Agreement, as well as the Highway Superintendent, and it will be submitted to the Superintendent of Highways
of Ontario County for signature, completing the execution of the Agreement.
Motion: ____________________
Second: _____________________
18. RESOLUTION NO. 125-2015 – Approving Intermunicipal Cooperation Agreement for Law Enforcement Services.
Whereas the town for many years has entered into an Intermunicipal Cooperation Agreement for Law Enforcement Services
with Ontario County for additional law enforcement services in the town by the Ontario County Sheriff’s Department; and
Whereas the town’s 2016 budget contains $20,000.00 to pay for those services in 2016; and
Whereas the county has submitted an agreement for those services at the amount budgeted by the town; now therefore it is
RESOLVED the supervisor may sign the Intermunicipal Cooperation Agreement for Law Enforcement Services with the
county for 12 hours per week of additional law enforcement services in the town at a cost of $20,000.00.
Motion _______________________
Second ______________________
19. RESOLUTION NO. 126-2015 – Authorizing Amending Intermunicipal Agreement with the Town of Benton.
Whereas the Town of Geneva and the Town of Benton entered into an Intermunicipal Agreement Pursuant to Article 5-G of
the General Municipal Law on February 21, 2000 regarding the Town of Geneva supplying the Town of Benton with up to 25,000
gallons per day of water; and
Whereas the Town of Benton would like to increase the amount to 50,000 to supply a new water district in the Town of
Benton and a proposed new water district for the Town of Torrey; and
Whereas the Town of Geneva has sufficient capacity to supply the increased amount without jeopardizing the Town’s other
obligations and expected growth; now therefore it is
RESOLVED the supervisor is authorized to prepare and sign an amendment, to the Intermunicipal Agreement with the Town
of Benton dated February 21, 2000, increasing the water to be supplied by the Town of Geneva to up to 50,000 gallons per day,
along with any other incidental changes necessary to this purpose.
Motion _____________________
Second ____________________
20. Amending Resolution 110-2015.
Resolution 110-2015, approved by the town board on November 10, 2015, authorized renewal of the Bond Anticipation Note
for Water District 12 and the payment of $2,550.00 toward the outstanding principal balance, leaving $77,950.00 due to be
refinanced, but this principal payment amount was in error and only $2,500.00 was budgeted and paid toward principal, therefore, it is
necessary to amend Resolution No. 110-2015, for improvements to Water District 12, such that it states the Supervisor of
the Town is authorized to pay $2,500.00 toward principal, and the interest due, on or before December 4, 2015, and to
sign a new Bond Anticipation Note for a year with the Bank of the Finger Lakes binding the Town of Geneva for the
balance due of $78,000.00, plus interest.
Motion _______________________
Second ____________________
21. RESOLUTION NO. 85-2015 – Approving Streetlights at CR 6 and Snell, Armstrong, Reed and Kashong Roads.
A motion to accept the proposal of NYSEG to install street lights at County Road 6 and Snell, Armstrong, Reed and
Kashong Roads, at an installation cost of $3,551.16 and a monthly cost of $54.73, was made by Rick Larsen and seconded by Mark
Palmieri on August 11, 2015, but it was tabled at that meeting and thereafter so the town could review the entire street light situation,
which has been done by a special committee composed of Mark Venuti, Rick Larsen, Dave Achilles, Bill McAdoo and Phil Ilacqua.
The town is paying for 177 lights and 16 poles or special brackets, and it appears 2 lights are in the city on Forge Avenue and should
not be on the town’s account, and NYSEG has been asked to remove them. Resolution 85-2015 can be removed from the table by
motion to remove it from the table:
Motion _____________
Second _____________
If removed from the table, the following resolution, originally moved by Larsen and seconded by Palmieri, is open for
discussion and vote:
Whereas NYSEG will install lights at the intersections of County Road 6 and Snell, Armstrong, Reed and Kashong Roads at
an installation cost of $3,551.16 and a monthly cost of $54.73; now therefore it is
RESOLVED, the NYSEG proposal is accepted and the supervisor is authorized to direct it to proceed with the project.
22. Reports of Standing Committees
Kashong Conservation Area –
Comprehensive Plan –
Economic Development –
Sustainability –
23. Supervisor’s Report.
The EPA, providing some of the funding for the Water District 6 water main replacement project, has approved the town’s request for
an extension of the time to expend its funds to September 30, 2016. We expect to bid the project in January and for it to be
completed by July.
A representative of the Finger Lakes Land Trust conducted its annual visit to the Kashong Conservation Area and reported all was
well – no issues of concern.
The Garretson action against the town regarding short-term rentals on Glass Factory Bay Road has been stayed in the court and
Zoning Board of Appeals through February 29, 2016 to allow the town time to consider amending its zoning code.
Resolution 105-2014 authorized but did not require the town clerk to set up procedures to allow payment of certain town bills by credit
card, debit card and on-line banking (“the Town Clerk may” was the wording), and the clerk has found credit card transactions to be
not in great demand but very cumbersome, and debit cards have not been taken because of the expense of the machine needed.
The town clerk is free to suspend the acceptance of credit cards.
A special meeting of the town board will be held on Tuesday, December 29, at 7:00 p.m. after the public hearing on the short-term
rental law, to make account transfers and take up any other appropriate business.
Set the date for the Organizational Meeting of the Town Board for 2016. The regular January meeting will be January 12, 2016, and
we can use that date to also conduct the organizational meeting.
24. Old Business:
25. New Business:
26. Privilege of the floor.
27. Adjourn
Motion _______________________
Second ____________________
EXHIBIT “1”
FILING LOCAL LAW
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
___________________________________________________________________________________________
(Use this form to file a local law with the Secretary of State)
Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new
matter.
County
City
Town of
Village
Geneva
Local Law No.
of the year 2015.
A local law
"Amending Chapter 165 (Zoning) of the Code of the Town of Geneva to Add Regulations Pertaining to ShortTerm Rentals"
(Insert Title)
Be it enacted by the Town Board (Name of Legislative Body)
County
City
Town of
Village
Geneva
as follows:
Section 1.
Section 165-3 of the Zoning Code of the Town of Geneva is hereby amended with the insertion of a new definition
for “Short-Term Rental” to read as follows:
SHORT-TERM RENTAL – A dwelling unit that is rented, in whole or part, to any person or entity for a period of less than 30
consecutive nights, and is not regulated by any other section of the Code of the Town of Geneva. “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, goods, labor, credits, or other valuable consideration. Short-term rentals shall be limited to either a minimum
period of 7 nights, or, if for fewer than 7 nights, to no more than 1 rental within a 7-night period. Use of a short-term rental by
a record owner of a property shall not be considered to be a rental under this section.
Section 2.
Schedule I – Permitted Uses in Section 165-7 of the Zoning Code of the Town of Geneva is hereby amended by
adding “Short-term rental in compliance with section 165-28.6” under the Residential Uses heading and making such Use a permitted
use by right in the A, R-1 and R-2 District columns such that the letter “P” shall appear in these locations of the Schedule.
Section 3.
Chapter 165 (Zoning) of the Code of the Town of Geneva is hereby amended with the insertion of a new Section
165-28.6 to read as follows:
§ 165-28.6. Short-Term Rental Regulations.
A.
B.
Permit Required. An owner shall obtain a revocable short-term rental permit whenever a dwelling unit is to be used
for short-term rental purposes.
(1)
A short-term rental permit shall be obtained prior to using the unit as a short-term rental.
(2)
A short-term rental permit shall be valid for a single calendar year, shall expire on December 31 of the year
it is in effect and must be renewed each year the unit is used as a short-term rental.
(3)
The short-term rental permit is transferable to a new owner, so long as the owner registers with the Town,
updates the short-term rental permit application, and agrees in writing to comply with the requirements of
the short-term rental permit and these regulations.
(4)
If the terms of the short-term rental permit are not kept or these regulations not followed, the short-term
rental permit may be revoked and the owner subject to the penalties of Chapter 1, section 1-16 of the Code
of the Town of Geneva, and the penalties set forth below.
Short-Term Rental Permit Application Requirements. An application for (or renewal of) a short-term rental permit
shall be submitted to the Town Code Enforcement Officer, signed by all persons and entities that have an ownership
interest in the subject property, shall be accompanied by payment of a permit fee, to be determined by the Town
Board, shall be accompanied by a copy of the current vesting deed showing how title to the subject property is then
held, shall be completed on the form provided by the Town, and shall provide the following information:
(1)
A list of all of the property owners of the short-term rental including names, addresses, telephone numbers
and email addresses.
(2)
Completion of a signed and notarized affidavit by the property owners certifying the following:
(a)
C.
Compliance with the following standards:
(i)
There shall be one functioning smoke detector in each sleeping room and at least one
functioning smoke detector in at least one other room, one functioning fire extinguisher in
the kitchen and at each exit, and at least one carbon monoxide detector.
(ii)
Exterior doors shall be operational and all passageways to exterior doors shall be clear
and unobstructed.
(iii)
Electrical systems shall be serviceable with no visual defects or unsafe conditions.
(iv)
All fireplaces, fireplace inserts or other fuel burning heaters and furnaces shall be vented
and properly installed.
(v)
Each sleeping room shall have an exterior exit that opens directly to the outside, or an
emergency escape or rescue window.
(b)
The number of sleeping rooms within the short-term rental, as defined in this section.
(c)
The number of parking spaces on the property that meet the standards set forth below.
(d)
Affidavit certifications shall be valid for a period of three years, or until modifications requiring a
building permit are made, or until the Town Code Enforcement Officer has reason to believe an
inspection is warranted, at which point the Code Enforcement Officer shall obtain a search warrant
to conduct such inspection unless an owner of the property voluntarily consents to permit the Code
Enforcement Officer onto the property and into the short term rental for purposes of conducting
such inspection.
(3)
A site plan, drawn to scale, showing the location of buildings, required parking and, if not served by a public
sewer, the location of the septic system and leach field.
(4)
If the property is served by a private septic system, a certified septic inspection report issued pursuant to
Chapter 159 of the Code of the Town of Geneva, dated no more than 10 days prior to the date of the
application, stating the size and location of the septic system, the maximum number of people such system
can serve at one time, that the system is functioning adequately and that the system is otherwise in full
compliance with Chapter 159.
(5)
The name, address, telephone number and email address of a contact person, who shall be responsible,
and authorized, to act on the owner’s behalf to promptly remedy any violation of these standards or the
permit. The contact person may be the owner or an agent designated by the owner to serve as a contact
person.
(6)
A statement that the applicant has met and will continue to comply with the standards of these regulations
and the permit.
Short-Term Rental Standards. All short-term rentals shall meet the following standards:
(1) A short-term rental dwelling unit shall be rented for no more than one rental in a consecutive 7-night period.
(2) The maximum occupancy for each short-term rental unit shall be the smaller of:
(a)
the maximum number of people stated in the septic inspection report, if applicable, that the private
septic system can serve at one time; or
(b)
the number of people calculated on the basis of 2 persons per sleeping room, plus an additional 2
persons. For this purpose, a sleeping room is defined as fully-enclosed habitable space with a heat source,
and an emergency escape or rescue opening.
(3) The property must have sufficient off-street parking spaces, in compliance with the requirements of Article
VI (Off-Street Parking and Loading) of this Chapter, to accommodate the maximum occupancy.
(4) Tenants and guests shall park in the off-street parking spaces required by Article VI (Off-Street Parking and
Loading) of this Chapter and shall not park on any part of the lawn of the property nor on the street.
(5) A house number visible from the street or road shall be maintained.
(6) Provisions shall be made for weekly garbage removal during rental periods. Garbage containers shall be
secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are
not clearly visible from the street or road except around pick-up time.
(7) Advertisements for the short-term rental must conform to what is allowed under these regulations and the
short-term rental permit.
D.
Procedure upon filing application.
(1)
Upon the filing with the Town Code Enforcement Officer of the permit application, permit fee, and all
documents and information required by this Chapter, the Town Code Enforcement Officer shall have 30
days to review the application and then either issue the permit, with or without conditions, or notify the
applicant in writing that the application has been denied along with the reason or reasons for denial. If a
permit is issued, the permit shall bear the signature of the Town Code Enforcement Officer.
(2)
In reviewing the application, if the Town Code Enforcement Officer has probable cause to believe
information contained in the application is inaccurate or incomplete, he may petition a court of competent
jurisdiction for a search warrant to conduct an inspection of the short term rental property for purposes of
ensuring compliance with this section. Alternatively, the Town Code Enforcement Officer may request
permission from an owner of the short term rental to come onto the property and to conduct an inspection
of the short term rental property for purposes of ensuring compliance with this section, which permission
the owners of the short term rental are under no obligation to give. If an inspection authorized herein is
conducted, the Town Code Enforcement Officer shall use the results of such inspection in determining
whether to issue the permit, with or without conditions, or to not issue the permit.
(3)
In issuing a short-term rental permit, the Town Code Enforcement Officer may impose such reasonable
conditions and restrictions as are directly related to and incidental to the use of the property for short-term
rentals so long as such conditions and restrictions are consistent with the spirit and intent of the Town
Zoning Law and the On-Site Individual Wastewater Treatment System Law of the Town of Geneva and are
imposed for the purpose of minimizing any adverse impact the issuance of the short-term rental permit may
have on the neighborhood or community.
(3)
The Town Code Enforcement Officer may decline an application for any of the following reasons:
(4)
(a)
If the application is incomplete, the documentation required by this Chapter was not included with
the application or the full permit fee, in payment form acceptable to the Town Clerk, was not
included with the application.
(b)
If the Town of Geneva issued a short-term rental permit to any of the owners needing to sign the
short-term rental permit application and any of such owners had a short-term rental permit revoked
within the previous year.
(c)
If the affidavit from the owners or, if conducted, an inspection conducted by the Town Code
Enforcement Officer as authorized in this section does not evidence to the Town Code
Enforcement Officer’s satisfaction that the subject property is in compliance with this Chapter or
with the On-Site Individual Wastewater Treatment System Law of the Town of Geneva.
(d)
If the site plan required to be submitted with the application does not comport with the requirements
of this section.
(e)
If a private septic inspection report is required to be submitted with the application and if such
report does not comport with the requirements of this section or with the On-Site Individual
Wastewater Treatment System Law of the Town of Geneva.
Short-term rental permits issued pursuant to this section shall state the following:
(a)
The names, addresses and phone numbers of every person or entity that has an ownership interest
in the short-term rental property and of a primary contact person who shall be available during the
entire time the short-term rental property is being rented;
(b)
The maximum occupancy and vehicle limits for the short-term rental unit;
(c)
Identification of the number of and location of parking spaces available;
(d)
A statement that littering is illegal;
(e)
A statement that all fires must be attended;
(f)
A statement that guests must comply with the Noise ordinance of the Town of Geneva, as set forth
in Chapter 106 of the Town Code, which sets strict limits on noise levels between 10:00 p.m. and
7:00 a.m., which ordinance will be enforced by the Ontario County Sheriff’s Department, the New
York State Police, or any law enforcement agency properly exercising jurisdiction over the
premises or incident;
(g) A statement that the short-term rental permit may be revoked for violations; and
(h) Any conditions imposed by the Town Code Enforcement Officer.
(i)
E.
That the permit shall expire on December 31 of the year for which it is effective.
Conformity and Display of Permit.
(1)
The issuance of a short-term rental permit is subject to continued compliance with the requirements of these
regulations.
(2) Prior to any tenants coming onto the short-term rental property:
(3)
F.
(a)
The current short-term rental permit shall be prominently displayed inside and near the front
entrance of the short-term rental; and
(b)
A copy of the current short-term rental permit shall be provided to every adjacent property owner
and to every property owner within 100 feet of the short-term rental property (whether on the same
side of the road, across the street or behind the subject property).
The owners must ensure that current and accurate information is provided to the Town Code Enforcement
Officer and that they notify the Town Code Enforcement Officer immediately upon any information contained
on the permit changing. If, based on such changes, the Code Enforcement Officer issues an amended
short-term rental permit, the owners must immediately replace the permit displayed inside and near the front
entrance of the short-term rental with the amended permit and must immediately provide a copy of the
amended permit to every adjacent property owner and to every property owner within 100 feet of the shortterm rental property (whether on the same side of the road, across the street or behind the subject property).
Compliance, Hearings and Penalties. Owners of short-term rental units shall obey all applicable laws, ordinances
and regulations of the Town of Geneva, Ontario County, New York State and the United States of America, and shall
be subject to the enforcement and penalty proceedings contained in this Chapter.
The following process shall be followed in the event of a complaint alleging a violation of these regulations or a permit
issued under these regulations:
(1)
The complaining party shall first attempt to contact the contact person designated on the permit, describe
the problem and indicate the desired remedy.
(2)
The contact person shall, within two (2) hours of receiving the complaint, respond to the complaint and
remedy any situation that is out of compliance with these regulations or with the permit for the property.
(3)
If the response is not satisfactory to the complaining party (including the inability to promptly reach the
contact person), the complaining party may file a complaint with the Town Code Enforcement Officer by
submitting a written complaint including the date, time and nature of the alleged violation as well as a
statement that the complainant either attempted to contact the contact person or did contact the contact
person but the complaint was not resolved.
(4)
If the Town Code Enforcement Officer finds a violation of the permit or of this section, the Code Enforcement
Officer may do any of the following depending on the circumstances:
(a)
(b)
(c)
Attach reasonable conditions to the existing short-term rental permit;
Suspend the short-term rental permit; and
Revoke the short-term rental permit.
(5)
Should a permit be revoked, none of the owners of the short-term rental property may obtain any short-term
rental permit sooner than one year after the date of revocation.
(6)
The Town may initiate enforcement proceedings under this Chapter at any time following receipt of a
complaint.
(7)
Decisions of the Code Enforcement Officer may be appealed by the owner or by the complainant to a
tribunal, appointed by the Town Board, consisting of one Town Board member, one town resident who holds
a short-term rental permit, and one town resident who does not hold a short-term rental permit. The
appealing owner or complainant shall make a written request for a hearing to the Town Clerk, and the
tribunal shall hear the appeal within 15 days of the request, during which time the decision of the Code
Enforcement Officer shall be stayed. At the hearing the tribunal shall accept evidence offered by the
property owner, the complaining party, the Code Enforcement Officer and any other witness with relevant
evidence. The tribunal shall make its decision within 10 days of the hearing, and may uphold the Code
Enforcement Officer’s decision, reject it, or modify it.
(8)
Any property owner found in violation of the provisions of this ordinance shall be required to reimburse the
Town for its reasonable costs of enforcement, including reimbursement for staff time and reasonable
attorney’s fees.
Section 4.
Required off-street automobile parking spaces in Section 165-38 of the Zoning Code of the Town of Geneva is hereby
amended by adding “Short-term rental” under the “Residential Uses” heading and making the “Number of Spaces Required” for “Shortterm rentals” “1 car for every 2 permitted occupants”.
Section 5.
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been
ordered.
Section 6.
This local law shall take effect immediately upon filing with the Secretary of State.
EXHIBIT “2”
TOWN OF GENEVA
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Geneva on the 29TH day of December,
2015, at 7:00 p.m., at the Geneva Town Hall, 3750 County Road 6, Geneva, New York, regarding the adoption of a Local Law which would
amend the Zoning Code of the Town of Geneva by adopting new regulations permitting properties to be used for short term rentals
subject to obtaining a permit and subject to such newly created regulations.
Any resident of the Town of Geneva shall be entitled to be heard upon said proposed Local Law at such public hearing. Copies of
said proposed Local Law are available for review at the Town of Geneva Town Hall, 3750 County Road 6, Geneva, New York 14532.
This by Resolution of the Town Board of the Town of Geneva.