Town of Southampton
Long Island, NY

Town Board Resolution
RES-2017-567

Resolution of Adoption Amending Southampton Town Code Chapter 270 (Rental Properties) to Limit the Number of Vehicles Parked on Any Such Property Between the Hours of 1 A.M. and 6 A.M., to Four

Information

Department:Town AttorneySponsors:Supervisor Jay Schneiderman
Category:Local LawsFunctions:None

Financial Impact

None; see resolution text.

Body

WHEREAS, the Town Board is considering amending Town Code Chapter 270 (Rental Properties), to limit the number of vehicles parked on any such property between the hours of 1 a.m. and 6 a.m., to four; and 

 

WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on June 13, 2017, at which time all persons either for or against said amendment were heard; and

 

WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a “Type II Action” under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it

 

RESOLVED, that Local Law No.   of 2017 is hereby adopted as follows:

 

LOCAL LAW NO.   OF 2017

 

A LOCAL LAW amending Town Code Chapter 270 (Rental Properties) to limit the number of vehicles parked on any such property between the hours of 1 a.m. and 6 a.m., to four.

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

Section 1.  Legislative Intent.

 

In order to minimize any adverse impacts a rental property may have on neighboring property owners, and in an effort to keep rental properties as much within the character of residential neighborhoods as possible, the purpose of this local law is to limit the number of vehicles parked on a rental property between the hours of 1 a.m. and 6 a.m., to four.

 

Section 2.  Amendment.

 

Town Code Chapter 270 (Rental Properties) at subsection 270-9 (Regulations) is hereby amended by deleting the stricken words and adding the underlined words as follows:

 

§270-9.  Regulations.

 

A.               A rental property shall only be leased, occupied or used by a family.

 

B.              No rental property shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code.

 

C.              A transient rental is prohibited.

 

D.              No more than two bedrooms shall be permitted in the basement of a rental property.

 

E.              The selling of shares to tenants where they obtain rights for use and/or occupancy in a dwelling for less than a month shall be prohibited.

 

F.              The leasing, occupancy or use by a tenant of less than the entire rental property is prohibited.

 

G.              The owner(s) and tenant(s) shall ensure that all applicable parking regulations provided for in the Code of the Town of Southampton are satisfied., except that no more than four cars shall be parked at any rental property between the hours of 1 a.m. and 6 a.m. during the term of a rental period.

 

H.               A rental property shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit.

 

I.              The owner(s) and tenant(s) shall ensure that all property maintenance regulations provided for in Chapter 261 of the Code of the Town of Southampton are satisfied.

 

J.              Dumpsters shall be prohibited in the required front yard and right-of-way. The enforcement authority is authorized to promulgate additional site-specific conditions associated with dumpsters, screening facilities, and off-street parking requirements for rental properties regulated under this chapter. Any such conditions shall be in writing and attached to the rental permit.

 

Section 3.  Authority.

 

The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), and 10(1)(ii)(a)(12), as well as in furtherance of Town Law §130(3-a).

 

Section 4.  Severability.

 

If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

Section 5.  Effective Date.

 

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Adoption:

 

NOTICE OF ADOPTION

 

TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on June 13, 2017, the Town Board, at its meeting of June 13, 2017, adopted LOCAL LAW NO.    OF 2017, as follows:  “A LOCAL LAW amending Town Code Chapter 270 (Rental Properties) to limit the number of vehicles parked on any such property between the hours of 1 a.m. and 6 a.m., to four.”

             

Copies of the proposed law, sponsored by Supervisor Schneiderman, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK

 

 

 

 

 

Meeting History

Jun 13, 2017 1:00 PM Video Town Board Regular Town Board Meeting
RESULT:WITHDRAWN