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HomeMy WebLinkAboutAgenda - Affordable Housing Committee - 04/19/2023South Burlington Affordable Housing Committee Room #301 at 180 Market St South Burlington, VT 05403 AGENDA Participation Options In Person: Room #301 – 3rd Floor – 180 Market St Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/affordable-housing-committee04-19- 2023 You can also dial in using your phone. +1 (872) 240-3311 Access Code: 957-451-789 Wednesday April 19, 2023 6:00 PM 1.Call to order, approve agenda, announcements, public comment (15 minutes) 2.*** Approve minutes from March 15, 2023 and March 22, 2023 3.Receive update on affordable housing at the Long Property – Janet (30 minutes) 4.City Manager Update – Jessie (15 minutes) 5.Discussion on Fair Housing Month (15 minutes) 6.Discuss timeline for providing feedback to the Planning Commission regarding the Comprehensive Plan – Chris (15 minutes) 7.*** Receive update on rental registry ordinance – Councilor Emery, Jessie (30 minutes) 8.Adjourn March 15, 2023, SoBu Affordable Housing Committee Minutes – DRAFT Page 1 Prepared on April 13, 2023Nest meeting took place on March 22, 2023, 11:00 a.m., online and at City Hall AFFORDABLE HOUSING COMMITTEE March 15, 2023, 6:00 p.m., meeting held online and at City Hall Members attending: Janet Bellavance, Leslie Black-Plumeau, Vince Bolduc, Sandy Dooley, Emily Holt-Gosselin,Ariel Jensen-Vargas, Darrilyn Peters, and Chris Trombly; members absent: and Tom Getz; also present: JessieBaker, City Manager; and City Councilor Meaghan Emery (CC liaison to AHC) AGENDA 1.Call to order, approve agenda, announcements, public comment 2.Approve minutes from February 15, 2023 Affordable Housing Committee meeting3.City Manager Updates4.Fair Housing Month discussion regarding outreach efforts 6.Adjourn 1.Call to order, approve agenda, announcements, public comment Call to order: Chris called the meeting to order at 6:02 p.m.Approve agenda: Darrilyn moved and Leslie seconded motion to approve the agenda as proposed. Approved:8-0-0.Announcements: None.Public Comments: as no members of the public attended, there were no public comments. 2. Approve minutes from February 15, 2023 AHC meeting: Darrilyn moved and Janet seconded motion that2/15/23 meeting minutes be approved as drafted. Motion approved: 8-0-0. 3.City Manager Update: Jessie attended the recent groundbreaking for UVM’s Catamount Run housingdevelopment on Market Street. Voters approved budget and bond ballot items on Town Meeting Day. Contract with Champlain Housing Trust for ARPA funds to convert Ho Hum motel to permanent housing for formerlyunhoused people will be on 3/20/23 Council meeting agenda for approval. She extended invitation to U-Mallprincipals to attend April or May AHC meeting. No reply to date. Fair Housing Month Proclamation will be on 3/20/23 Council meeting agenda for approval. Vince drafted it; Meaghan has reviewed and endorsed it. 4.Fair Housing Month discussion regarding outreach efforts: Janet met with Mira (Library), Kelsey (Planning & Zoning), and Jess Hyman (CVOEO’s Fair Housing Project) to collaborate on sponsoring Fair Housing Monthevents/activities. These will include an exhibit on the second floor of the Library, an art project, and a bookdiscussion group in May facilitated by Jess Hyman and Vince. Fixer-Upper is book that will be discussed. Vinceshared information about project he was part of, many years back, in Hartford, CT, that documented how Blackpeople seeking to purchase a house were turned away when white people seeking to purchase the same housewere invited to pursue their interest. Question was whether to share this research with the public as part of FairHousing Month. Consensus was not to do so as events occurred many years ago and were not local. Regardingdiversity, mention was made that 11 different languages are spoken by students in the Chamberlin school.Residents will be informed about Fair Housing Month activities in The Other Paper, City News, Library’s webpage,Front Porch Forum, and South Burlington Community Watch FB page. Other: Members were reminded of special meeting on March 22, 2023, 11:00 a.m., to prepare report from CityPlan Community Conversation on Housing and Shelter (taking place that evening from 7:00 to 8:30 p.m. onlineand in Room 301, City Hall) for Kelsey Peterson. 5.Adjourn: (6:51 p.m.) Vince moved and Leslie seconded motion that meeting be adjourned. Approved 8-0-0. March 22, 2023, SoBu Affordable Housing Committee Minutes – DRAFT Page 1 Prepared on April 13, 2023Nest meeting: Wednesday, April 19, 2023, 6:00 p.m., online and at City Hall AFFORDABLE HOUSING COMMITTEE March 22, 2023, 11:00 a.m., meeting held online and at City Hall Members attending: Janet Bellavance, Vince Bolduc, Sandy Dooley, , Darrilyn Peters, John Simson, and ChrisTrombly; members absent: Leslie Black-Plumeau, Tom Getz, Emily Holt-Gosselin, and Ariel Jensen-Vargas; alsopresent: Jessie Baker, City Manager, Kelsey Peterson, City Planner (briefly); also absent: City Councilor Meaghan Emery (CC liaison to AHC) AGENDA 1.Call to order, approve agenda, announcements, public comment2.Discussion of 2024 City Plan Community Conversation on Housing & Shelter and finalize Committee Feedbackfor the Planning Commission 3.Adjourn 1.Call to order, approve agenda, announcements, public comment Call to order: Chris called the meeting to order at 11:05 a.m.Approve agenda: Darrilyn moved and Janet seconded motion to approve the agenda as proposed. Approved:6-0-0.Announcements: None.Public Comments: as no members of the public attended, there were no public comments. 2.Discussion of 2024 City Plan Community Conversation on Housing & Shelter and finalize CommitteeFeedback for the Planning Commission: Context: Six Affordable Housing Committee members submitted their notes on the Community Conversation on Housing & Shelter held on 03/15/23 to Sandy Dooley. She compiled and distributed them in advance of the AHC meeting on 3-22-23. The members present used these notes as guidance in identifying the major themes to be listed in this report. Darrilyn volunteered to prepare report and Janet offered to assist her. Discussion began with members sharing that they were pleased with the number of folks who attended the “Conversation”, the diversity of those in attendance, and the level of participation in the discussion by those present. The committee’s goals for the “Conversation” were met and then some. Discussion included input on types of housing (wanting more variety throughout the City), noise pollution, Paul’s first slide very impactful, SoBu moving from majority homeowner households to majority renter households, age of City residents is getting younger, concern about two South Burlington’s (SEQ and the rest of the City), desire for improved quality of housing and need for more parks and other amenities near all neighborhoods of the future, City needs to direct more human and financial resources to housing. Members discussed possible methods to gain revenue that might be directed toward housing. This included Jessie’s provision, at members’ request, of data about where the City ranks in the county vis-à-vis the level of property taxes charged to residents. Her source was a report by White & Burke, local real estate development consultants. According to this report, SoBu has fourth (4th) lowest property tax rate (municipal and school combined) among the 17 municipalities in the county. The three with lower property tax rates are Charlotte, Milton, and Underhill. Rates of some of the larger municipalities are as follows: Burlington – 2.25; Essex City – 2.65; Williston – 2.03; and South Burlington – 1.92. The discussion concluded with identification of three themes to report to the Planning Commission and decision to include the compiled notes from the meeting with the report. The report, as well as the compilation of all of the notes, are attached to these minutes. 3.Adjourn: (12:15 p.m.) By mutual agreement and with thanks to Darrilyn and Janet for volunteering to write thereport, the group informally adjourned the meeting. March 22, 2023, SoBu Affordable Housing Committee Minutes – DRAFT Page 2 MEMORANDUM TO: Paul Connor, Director of Planning & Zoning Kelsey Peterson, City Planner FROM: Affordable Housing Committee SUBJECT: Themes from Community Conversation on Housing & Shelter on 3/15/23 DATE: March 29, 2023 Participants The Housing & Shelter session was attended by residents of every section of the city, had over 40 participants in the room and 15 online. None of the other 10 conversations approached this level of participation. Discussion There were dozens of comments addressing issues and concerns from the granular to the general. A summary of all the comments is attached. MAJOR THEMES/POLICIES South Burlington needs higher density housing with a variety of amenities and housing types throughout the city; and the highest density should be in the transit overlay district. In order to maintain a positive quality of life for residents of high density areas, these growth areas need more resources, such as pocket parks with trees, playgrounds, community garden spaces, and safe streets and bike paths, especially for children. South Burlington needs to provide additional financial resources for the development of housing and for the development of neighborhood amenities; and needs to identify how to increase these resources. March 22, 2023, SoBu Affordable Housing Committee Minutes – DRAFT Page 3 March 15, 2023 Comprehensive Plan Conversation on Housing and Shelter NOTES BY AHC MEMBERS, COMPILED BY SANDY DOOLEY Inclusive, Fair, & Just: -Lower impact fees -Cooperative housing options -Encourage infill and adaptive reuse by changing zoning (without creating exclusive neighborhoods) -Greenspace/playgrounds near affordable housing -When building housing, remain cognizant of noise pollution, traffic pollution, walkability, transportation routes etc. -People really dislike the F35s -Construct more high density housing and transit Human Focused: -Issue with apartment zoned as commercial and residential (ex: dump trucks at 5am) -Expand municipal services (and other services? no one gave examples) by assessing budget -State spending millions on a new prison (not human focused), is it possible to reallocate that money -Rezone land near airport/Chamberlain to build affordable housing (and, presumably, relocate(?) the F35s) -Revisit green space construction near City Center (it was on the plan but never implemented), addition of gardens -Zoning and equity; create more livable neighborhoods while dispersing income mix Climate: -Create more affordable housing (and transpo) so people don't have to drive as much to/from work or live outside of the city -Implement more accessible/efficient transportation system (bike paths, busses) -Housing with renewable resources, energy efficient, electric Opportunity Oriented: March 22, 2023, SoBu Affordable Housing Committee Minutes – DRAFT Page 4 -did not get notes specifically on this category, yet I think many of the aforementioned items allude to the possibility of more work/life opportunities if implemented. I was struck by how a room full of motivated people can subtly intimidate the minority into silence. What happened Wed was the opposite of has been going on at PC and CC meeting for the past years with the NIMBYs in defense of animal habitats, trees, and open space. I heard a cry for higher density throughout the City, not just in the Transit Overlay district. I heard widespread recognition for more housing everywhere. I heard a lot of surprise at the 51% of land already protected. I heard recognition that we are part of a larger region with needs for both housing and climate. Need for responsibility. I heard concern about the need for workers and older citizens. I heard that it was “punitive” to conserve so much land at a cost to needed housing and rewarding to the wealth with large lots. I heard distain for exclusivity. I heard fears of impact fees and other measure that increase the cost of housing. I heard that we need to be prepared to welcome more people. I obviously heard a lot about the F35’s too •increase housing trust fund and decrease impact fees for AH •Pursue alternative housing situations to increase options for AH and keep costs low (cooperative housing) •to ensure high quality of life for residents in dense housing there must be access to green space, community gardens, playgrounds, pocket parks so kids have a place to play and adults have outdoor public green space with trees. This is a necessary amenity and should be built into housing design. •Reclaim airport land that F35's took over and use for AH •Zoning R4 is good for all parts of the city; don't limit density to certain parts of the city; invest in resources in high density areas (transit, community center, etc); plan density and transit together •safe streets for bike riding so kids can get to school independently •need charter change; proportional to population (23,000 people) so we have adequate representation •Future of UMall related to our comp plan -- housing, commercial, green space March 22, 2023, SoBu Affordable Housing Committee Minutes – DRAFT Page 5 •Build it, build it, build it for economic development so our workers have housing; some people choose to live in the country •good to have lands in SEQ to access trails for people's quality of life More parks in areas of City with highest density development. Need safer streets in areas in which kids can ride their bikes. Children living in Garden Street apartments misbehave because they have no place to play. More resources for housing; fewer (or no) City fees for affordable housing; need more housing. Current zoning relegates housing for lower income households to certain arias of the city Several comments seeking elimination of F-35s (not sure city can do anything about this) and development of housing in area (Chamberlin neighborhood) the City of Burlington purchased as part of the housing buyout and demolition program Rules to allow higher density housing in all parts of City. Should not allow dumpster emptying at 5 a.m. next to mixed use building that includes residential units Housing should be given higher priority. Need for more and more affordable housing is of equal importance to climate change challenge. Lack of housing opportunities at many price points is a drag on economic development. Need more housing so that people can live closer to their jobs. Need to address housing and climate change from regional perspective Opposition to exclusivity of zoning for SEQ Need improved bike and pedestrian paths and transit Even where bus service is most frequent, it is still very limited Include in new Comp Plan that City will not allow development (other than housing) of land (44 acres was mentioned) that City of Burlington purchased as part of the housing buyout and demolition program Need to assess capacity of City to increase revenues to support more services that residents want What happened to park City Center? No real response to infill question (too little time) Public transportation is a major problem throughout the city, including: crossing Shelburne Road to get to Orchard School, access to events at Veterans Park, to get to work, open spaces, etc March 22, 2023, SoBu Affordable Housing Committee Minutes – DRAFT Page 6 Conserved land is primarily in areas where the affluent live. Rezone SEQ to increase density F35, Chamberlin houses removed, children cannot play outside during test flights Tenants rights problems in affordable housing in City Center Holistic development requires a plan to build more housing, more outdoor spaces, access to transportation High density areas need more resources such as parks, playgrounds, safe streets and bike paths, especially for children Businesses report that the lack of housing and childcare are major obstacles in recruiting employees Increase funding for the Affordable Housing Trust Fund Community gardens would promote affordability and “greener” city; also are a priority of some new residents who want to grow their own food Building costs increasing not only because of inflation, but also due to green energy rules, increases in impact fees, design approval process Infill requires neighborhood discussions in order to identify what to preserve, e.g. small backyards? 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov MEMORANDUM To: Jessie Baker, City Manager From: Steven Locke, on behalf of the Project Team Subject: Rental Registry and Short-Term Rental Ordinance Draft Date: March 29, 2023 At the Council’s January 17, 2023 meeting, they discussed prioritizing the adoption of a rental ordinance and associated implementation steps. Guidance was given to look at both short and long-term rentals and propose the concept of a rental registry. A cross-department project team, composed of members of the planning, finance and fire departments as well as the city attorney and IT director, have met several times to review, consider, and provide recommendations to the City Manager and City Council concerning registration of rental housing and regulation of short-term rentals. We would like to present our progress to the Council and receive their feedback on the direction we are going and on some key policy decisions. With their consent, we will move forward with ordinance revision, identifying resources needs, and building education and enforcement mechanisms. The project team focused on the following goals, which we believe align with both the Manager and the Council’s objectives. The goals are as follows: •Ensure short and long-term residential rental units in the City meet established andadopted standards to protect the health, safety, and well-being of occupants. •Maintain a registry or accounting of all such rental units in the City to include the abilityto share information and provide training as appropriate. •Provide for the efficient and effective enforcement of current and future ordinances. •Prevent the loss of permanent housing to short-term rentals. There is a significant policy question the Council must answer when considering the regulation of short-term rentals, which is whether the unit being rented must be owner occupied. The Project Team has composed a draft ordinance for your consideration which establishes a rental registry, parameters for short-term rentals as well as an inspection cycle for all rental housing. The ordinance as drafted requires any short-term rentals with the exception of an accessory dwelling unit to be the primary residence of the owner/tenant and does not otherwise limit the number of short-term rentals in the City. This is not a recommendation of the team, but rather a starting point for the Council to consider. There are many models of how different communities have approached this subject that we can review with Council. There were, however, several topics the project team discussed not included in this ordinance that can be addressed in the future which include: • Building codes / inspection for newly constructed single family, owner-occupied homes • Zoning inspection / certificates of occupancy for single family & two-family homes • Zoning & code enforcement • State Building Energy Code inspection / enforcement • Local heating & hot water ordinance inspection / enforcement Are there areas here that the Council would like to prioritize at this point in the development process? Attached is the proposed rental registry inspection cycle document that was modeled after the process used in the City of Burlington. If acceptable, this document will be incorporated into the draft ordinance. Also attached are two checklists used during the inspection process that identify the common items checked. These documents are provided for informational purposes only. If the Council would like to proceed with the potential implementation of the ordinance creating a rental registry and regulation of short-terms rentals, there is still much work to be completed. One key component for the Council to understand is that implementation of this ordinance cannot occur without additional personnel. The project team is prepared to begin a cost analysis of this ordinance to include the expected revenue from a registry and the expenses of enforcement/compliance if it is the desire of the Council to proceed. It should be noted that the Vermont Legislature is again considering enacting legislation that would create a Statewide rental registration/enforcement requirement. As currently being contemplated, communities that have their own program would not be subject to the State registration. This is similar to the plans review and building inspection agreement in place between the City and the State. The project team thanks you for your consideration and looks forward to discussing this with you. Residential Rental Unit Registration Requirements The Council of the City of South Burlington hereby Ordains: 1. Purpose and Authority This Ordinance is enacted to promote the public health, safety and welfare of the City under the authority granted to it by 24 V.S.A. §2291 and Sections 103-104 of the South Burlington City Charter. Due to an ongoing increase in the number of rental dwelling units in the City of South Burlington, continued and projected population growth in the City, the aging of some of the City’s housing stock, and the existing and potential future conversion of permanent housing into short-term accommodations, the Council hereby finds that the regulation of rental dwelling units is necessary to maintain and protect the public health, safety and welfare of the City and its residents. This Ordinance is intended to provide a process: • through which dwelling units used for rental housing must be registered with the City of South Burlington for use as long-term or short-term rentals; • to disclose the ownership of such rental properties; • to regulate the renting of dwelling units within the City; • to make owners and persons responsible for the maintenance of property more accessible and accountable with respect to the premises; • to ensure that housing units remain available for rent to those who reside or seek to reside within the City; • to ensure that the City is not unduly impacted by the operation of short-term rentals; and • to ensure that owners and tenants of rental dwelling units comply with all building, health and fire safety codes and ordinances adopted by the City of South Burlington. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Long Term Rental shall mean the letting of a rental unit in whole or in part for thirty (30) or more consecutive days. Multi-Unit shall mean a single, detached building in common ownership interest containing more than one (1) residential or commercial unit. Owner-Occupied shall mean a rental unit owned and occupied by the registrant as his or her primary residence. An accessory dwelling unit as defined in the City’s Land Development Regulations, is considered a separate dwelling unit from an owner-occupied primary residence for purposes of short-term rental registration and regulation. Owner shall mean each individual person or entity including, without limitation, all partners, officers, or trustees of any real estate trust; all members or managers of a limited liability company; and all officers and directors of a corporation; that is the record owner of a building or property. Primary Residence shall mean the dwelling in which a person resides as their legal residence for more than one half of a year and registers as his or her address for tax and government identification purposes. Registrant shall mean the owner of a rental unit, or a tenant, with permission from the owner, seeking to register a rental unit. Rental Unit is any residential structure, furnished house, condominium, or other dwelling room or self-contained dwelling unit, or portion thereof, that is rented or available for rent to any individual or individuals for any length of time. Any portion of a dwelling unit or accessory dwelling unit that is rented or available to be rented to an individual or individuals who are not the owner or owners shall be considered a rental unit. Motels, hotels/inns, bed and breakfast, group homes, dormitories, congregate care facilities, continuum of care facilities, skilled nursing facilities, extended stay hotels, emergency shelters, schools, hospitals or similar facilities are not Rental Units. Short Term Rental is a rental unit rented to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days and for more than 14 days per calendar year. Tenant-Occupied shall mean a rental unit in which the registrant is not the record owner of the rental unit, but lawfully occupies the rental unit as his or her primary residence. 3. Registration Required (a) Registration of Ownership. 1) Rental Units must be registered in accordance with this Ordinance by April 1st of each year; Rental Units entering the rental housing market must be registered and pay the appropriate fee prior to their listing as an available rental unit or prior to their first occupancy, whichever is earlier. Registration must be renewed annually, on or before April 1st, including updating all changes in previously submitted registration information. 2) If a rental unit is rented as both a short term and long term rental, it must be separately registered for each type of rental. 3) Each owner, manager, and person/entity otherwise responsible for the rental unit, such as a property manager, shall be obligated under this Ordinance. Any new owner, manager, or responsible person/entity must apply to register within thirty (30) days of purchase of the rental unit or transfer of management or responsibility. New owners or tenants applying to register an existing Short Term Rental unit are considered new applicants and shall be subject to all limitations and regulations in effect at the time of the application. 4) A rental unit shall not be considered registered unless and until the registrant has submitted a complete application together with all information and fees required by this Ordinance, to the satisfaction of the City’s Building Inspector, or designee. 1) As a condition of registration, all owners and/or registrants must allow onsite inspections by the City of their property including, without limitation, all rental units. Inspections will be performed in accordance with the Inspection Cycle adopted by Resolution of the City Council. All units of a multi-unit building owned by the same property owner, are subject to inspection, including an owner-occupied unit that is not a rental unit, if one or more units in the building are rental units. Likewise, all areas of an owner-occupied dwelling are subject to inspection if any portion of the owner-occupied dwelling is a rental unit. The purpose of this inspection is to ensure compliance with all building and fire safety codes, ordinances, and regulations adopted by the City of South Burlington. (b) Information/Documentation Required. Registration must be completed on forms supplied by the City’s Building Inspector or their designee and must provide, at a minimum, the following information: 1) The address of the property; 2) The number of dwelling units at that address; 3) The number of rental units at that address; 4) The number of sleeping rooms in each rental unit; 5) The number of parking spaces that are dedicated for the rental units at the property; 6) The name, address, phone number, email address, date of birth, and drivers license of the property owner, and if the owner is a corporation, the registered corporate agent and the president of the corporation and their name and address, and if the owner is a partnership, the registered partnership agent, and the names and addresses of the general partners; 7) The name, address, phone number, and email address of: a. Any local (within Chittenden County) managing agent. All owners or hosts who do not live within Chittenden County are required to designate a managing agent located in Chittenden County who is empowered to represent the owner or host in matters concerning compliance with this chapter; b. An emergency contact for this property. All properties must have an emergency contact within Chittenden County; 8) All Additional Information Required for Short Term Rentals. (c) Additional Information required for Short Term Rentals. A Short Term Rental shall not be considered registered unless and until all the registration requirements of this Ordinance have been met to the satisfaction of the City’s Building Inspector, or designee, and a Short Term Rental registration number has been issued. 1) A Short Term Rental registrant must provide at a minimum the following information and any other information requested to the City’s Building Inspector or their designee: a. A Short Term Rental application. b. The number of whole unit or partial unit Short Term Rentals within the building, or in the case of multiple buildings on a parcel of land, on the entire lot. c. Whether the rental unit is owner-occupied, tenant-occupied, or non- owner occupied; i. For Short Term Rental Units that are owner occupied, the owner must provide a notarized primary residence affidavit, on forms provided by the City. The owner must also produce for review one of the following demonstrating residency at the owner-occupied unit: 1. Valid driver’s license or other state-issued identification; 2. Valid motor vehicle registration; 3. Proof of homestead exemption pursuant to 32 V.S.A. §5410; or 4. Other documentation proving primary residence to the satisfaction of the City’s Building Inspector. ii. For Short Term Rental units that are tenant-occupied, the tenant must provide their name, address, phone number, email address, date of birth, a notarized primary residence affidavit, and a notarized statement of permission by his/her landlord, both affidavits on forms supplied by the City. The tenant must also produce for review one of the following demonstrating residency at the tenant-occupied unit: 1. Valid driver’s license or other state-issued identification; 2. Valid motor vehicle registration; or 3. Other documentation proving primary residence to the satisfaction of the City’s Building Inspector. d. Proof of liability insurance required. At the time of registration, the Registrant must provide a certificate of insurance that expressly acknowledges that the property may be used for Short Term Rental business activity and evidencing (a) property insurance and (b) general liability insurance appropriate to cover the rental use in the aggregate of not less than $1 million or proof that the Registrant conducts rental transactions through a hosting platform that provides equal or greater coverage. Any such hosting platform-provided insurance carrier shall defend and indemnify the Registrant, as additional named insured, and any user in the building for any bodily injury and property damage arising from the rental. Once registered, the Registrant shall maintain the required insurances, or such greater amount as otherwise required by law, throughout the term of the registration. e. Proof of Vermont tax account for rooms & meals and/or sale tax purposes or proof that the Registrant conducts rental transactions through a hosting platform that pays all applicable rooms & meals and/or sale taxes on behalf of the Registrant; f. Proof of positive inspection, for both new and existing buildings, by the City’s Fire Marshal’s Office or its designee; and 2) Display of Short Term Rental Registration Number Required. Once registration is approved by the City, each Short Term Rental shall be given a registration number, which must be displayed in the Rental Unit and in any and all advertisements for the Rental Unit. 3) Upon request by the City, at any time, all registrants and/or agents of Short Term Rental units must provide the City with their registration information, rental history, and upcoming reservation information. Failure of Short Term Rental unit owners, tenants, and/or their representatives to adequately respond to inquiries by the City within two business days from the date of the request shall be considered a violation under this Ordinance. (d) No registration under this Ordinance shall be transferrable or assignable. 4. Registration Fees. (a) Annual Registration Fee. Upon initial registration and by April 1st of each year, registrants shall pay the City a registration fee for each Rental Unit, in the amounts set forth below. A Rental Unit shall not be considered registered unless and until this fee is paid in full. (b) Long Term Rental Registration Fee. The registrant of a long term rental shall pay one hundred dollars ($100.00) to the City by April 1st of each year. New Construction of greater than 10 units, rental registration fee is waived for first 3 years. Long Term Rental Registration Fee for any multi unit building with 40 or more units and owned by one owner shall be $80 per unit. (c) Short Term Rental Registration Fee. The registrant of a Short Term Rental shall pay one hundred dollars ($100.00) to the City by April 1st of each year. (d) Failure to renew a registration of a rental unit by April 1 shall result in the forfeiture of the right to renew the registration of that rental unit, and any subsequent application for the same rental unit shall be treated as a new application for registration. 5. Requirements of Short Term Rental Units. (a) Occupancy Limit. Overnight Short Term Rental guest occupancy in each rental unit will be limited to two (2) guests per bedroom or sleeping area plus no more than two (additional) guests. (b) Short term rentals shall adhere to all City of South Burlington regulations and ordinances related to parking. (c) No individual or entity may register a Short Term Rental unless it is owner-occupied, tenant-occupied without permission of the owner, or an accessory dwelling unit. (d) Registrants shall comply with all applicable State laws and regulations regarding Short Term Rentals. (e) Short Term Rentals must be serviced and cleaned before each new guest arrives and guests must be provided with soap, clean linen, and sanitized utensils. (f) Registrants shall provide guests written documentation with the following information: 1) The name, phone number, and email of the Registrant and, if not the Registrant individually, an emergency contact within Chittenden County who is available at all times during a guest’s rental. 2) Contact information for the City Fire Marshal. 3) Written instructions on the location and use of fire extinguishers 4) Written instructions on emergency shut-off of heating systems and fuel burning appliances 5) A diagram identifying emergency egress routes 6) A copy of South Burlington’s Public Nuisance Ordinance. (g) No pets are permitted in any Short Term Rental unless guests provide proof of valid rabies vaccine and hosts provide information on the City’s leash and pick-up/disposal of pet waste requirements and the presence of ticks in Vermont. 6. Violations. Violations of this article include, but are not limited to: (a) Any person, business entity, or other organization failing to timely register or renew the registration of a rental unit, including providing all required information and paying the required registration fee; (b) Any person, business entity, or other organization failing to timely file any required update to the registration; (c) Any person, business entity, or other organization failing to acquire and/or display the required Short Term Rental registration number; (d) Any person, business entity, or other organization providing false information with respect to registration. (e) Any person, business entity, or other organization renting any rental unit that is not registered under this article, advertising for rent such rental unit without registration, or permitting the occupancy of such premises without registration; (f) Failure of Short Term Rental unit owners, tenants, and/or their representatives to adequately respond to inquiries by the City pursuant to Section 3(c)(3) within two business days from the date of the inquiry. (g) Failure to maintain a Rental Unit in compliance with all building, health and fire safety codes and ordinances adopted by the City of South Burlington. (h) Failure to allow an inspection of a Rental Unit by the City. (i) Failure to conspicuously display within each Short Term Rental Unit the current and valid name, address and phone number of the Short Term Rental operator (whether the owner, tenant, on-site manager, or property manager) and the City Fire Marshal. (j) Any sublease or sublicense of a Short Term Rental by a guest to another person during the rental period. (k) Any signs or other outside indications, other than on-site parking, that a property is used or occupied as a Short Term Rental. (l) Noise or unreasonably loud activities, whether inside or outside, that violate the City’s Public Nuisance Ordinance. (m) Failure to abide by any other specific requirement of this Ordinance. 7. Enforcement. Any person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Each day the violation continues shall constitute a separate offense. The Building Inspector, City Fire Marshal, South Burlington Police Officers, South Burlington Zoning Administrator, and the South Burlington City Manager shall all be designated and authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau, or other court having jurisdiction, a municipal complaint. 8. Waiver Fees. An Issuing Municipal Official is authorized to recover waiver fees, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: (a) Operating a Rental Unit without authorization or registration number: $500 (b) All Other Violations: First Offense: $100 Second Offense: $250 Third Offense: $500 Fourth and Subsequent Offenses: $700 Offenses shall be counted on a twelve (12) month basis beginning April 1 and ending March 31 of each year. An Issuing Municipal Officer shall have authority to issue a written warning, without recovering a waiver fee, for any First Offense violation other than Operating a Rental Unit Without Authorization of Registration Number. In such instance, the written warning shall be counted as a First Offense for calculating annual offenses. 9. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: (a) Operating a Rental Unit Without Authorization or Registration Number: $800 (b) All Other Violations: First Offense: $400 Second Offense: $600 Third Offense: $800 Fourth and Subsequent Offenses: $800 plus automatic revocation for twelve (12) months before a new Long Term or Short Term Rental Registration Application may be submitted. Offenses shall be counted on a twelve (12) month basis beginning April 1 and ending March 31 of each year. An Issuing Municipal Official shall have authority to issue a written warning, without recovering a waiver fee, for any First Offense violation other than Operating a Rental Unit Without Authorization of Registration Number. In such instance, the written warning shall be counted as a First Offense for calculating annual offenses. 10. Other Relief. In addition to the enforcement procedures available under Chapter 59 of Title 24, the City is authorized to commence a civil action in the Civil Division of the Vermont Superior Court to obtain injunctive and other appropriate relief, to request revocation or suspension of any Long Term or Short Term Rental authorization or registration number on behalf of the City, or to pursue any other remedy authorized by law. 11. Severability. In any provision of this ordinance is deemed by a court of competent jurisdiction to be unconstitutional, invalid or unenforceable, that provision shall be severed from the ordinance and the remaining provisions that can be given effect without the severed provision shall continue in effect. 12. Effective Date. This Ordinance shall take effect on January 1, 2024. Adopted at South Burlington, Vermont this ___ day of __________, _____, and to be effective on January 1, 2024. SOUTH BURLINGTON CITY COUNCIL Rental Registry Ordinance - Inspection Cycle • All rental units shall be inspected by the Fire Marshal’s Office (SBFD FMO). • All newly constructed rental units/buildings having received a Certificate of Occupancy from the SBFD FMO on or after January 1, 2021, shall receive a 5-year Certificate of Rental Compliance from the date of the initial Certificate of Occupancy. • If no violations are found during the inspection, the building shall receive a 5-year Certificate of Compliance. • For any inspected rental building that is found to have 5 or less violations, that are corrected within 30 days in any one unit, the building shall receive a 4- year Certificate of Compliance. • For any inspected rental building found to have 6 – 10 violations that are corrected within 30 days in any one unit, the building shall receive a 3-year Certificate of Compliance. • For any inspected rental building with greater than 10 violations that are corrected between 31-90 days in any one unit, the building shall receive a 2-year Certificate of • Compliance. • For any inspected rental building found to have 11 violations or greater that are corrected within 30 days in any one unit, the building shall receive a 1-year Certificate of Compliance. • All Short-term rental units shall be inspected annually unless during the inspection no violations are found, and then a two-year Certificate of Compliance will be awarded. • All violations shall be corrected within 90 days of initial inspection. If the violations are not corrected, the unit shall be considered out of compliance, and the property owner is subject to all penalties found in the ordinance on rental registry. 1                          DEPARTMENT OF TAXES                           DEPARTMENT OF HEALTH                     DIVISION OF FIRE SAFETY  Contact Information Department of Health: 802-863- 7221 Division of Fire Safety: 802 479-7561   Instructions The short term rental operator shall post within the unit a telephone number for the persons responsible for the unit and the contact information for the Vermont Department of Health and the Vermont Division of Fire Safety. This form shall be completed by the short-term rental operator and retained on site. The form need not be filed with the department.   SHORT TERM RENTAL OPERATOR INFORMATION Operator(s) Name (Print): Number of Rooms Rented: Physical 911 Address of Property: Type of Heating System: Mailing Address: Public or Private Water: Cell phone number: E- Mail: Tax Account Number: Division of Fire Safety General Checklist (www.firesafety.vermont.gov)  Smoke and carbon monoxide alarms are provided in accordance with the attached fire safety info sheet.  GFI Outlets are provided in locations identified on the attached fire safety info sheet.  Every sleeping room is provided with a secondary means of escape (see attached fire safety info sheet).  Heating systems (fuel and wood) have been inspected by a certified fuel service technician (see info sheet).  Landings, decks, porches and balconies higher than 30 inches from grade are provided with guards and rails.  Stairs must be provided with graspable handrails (see attached fire safety info sheet).   Health Department General Checklist (www.healthvermont.gov)  Appliances are operational and in good repair and hot and cold potable water have been supplied.  Guest rooms have been serviced and cleaned before each new guest.  Refuse containers are available and emptied at least once each week or more frequently, if necessary.  Swimming pools, recreational water facilities, and hot tubs are kept sanitary and in good repair.  Sewage system and toilets function and are in good repair.  Toxic cleaning supplies are properly labeled, safely stored and used according to the manufacturer’s directions.  Guest rooms are free of any evidence of insects, rodents, and other pests. Tax Department General Checklist (www.tax.vermont.gov)  Meals and rooms taxes are filed and paid by a third party. I do not need a Vermont tax account.  Meals and rooms taxes are NOT filed and paid by a third party. I have a Vermont tax account.  The Vermont Meals and Rooms Tax license is displayed in each rental unit.  My income from these activities is included on my income tax return.  I file and pay Vermont Sales Tax for any tangible items I sell.    Signature of Short Term Rental Operator Date Short Term Rental Safety, Health and Financial Obligations         August 2018  Smoke Alarms Photoelectric type smoke alarms are required in the immediate vicinity of sleeping rooms, inside each sleeping room, and on all floor levels including the basement. All newly installed smoke alarms must be hard wired into the buildings electrical system. Smoke alarms in sleeping rooms of buildings constructed prior to 1994, may be of the 10- year photoelectric lithium powered tamper resistant type. Carbon Monoxide Alarms Outside each sleeping area in the immediate vicinity of the bedrooms. An additional detector shall be installed in each sleeping room that contains a fuel- burning appliance. Carbon Monoxide alarms installed or replaced in a dwelling after July 1, 2005 must be directly wired to the building electrical service and have a battery backup. Existing One and Two family dwellings constructed prior to July 1, 2005 may use plug in style alarm with battery backup or battery power or you may hardwire. Guard and Handrails Landings, decks, porches or platforms more than 30 inches of grade must be provided with guards and intermediate rails spaced no more than 4 inches apart. Graspable handrails must be provided on all stairs. Electrical Safety: Ground Fault Current Interrupters (GFCI) are required in the following areas; Bathrooms, garages and accessory buildings having a floor located at or below grade level, not intended as a habitable room and limited to storage. Work areas, outdoors, crawl spaces, unfinished portions or areas of the basement not intended as a habitable room. Kitchen, where the receptacles are installed to serve countertop surfaces and sinks and where the receptacles are installed within 6ft from the top inside edge of the bowl of the sink. Boathouses and bathtubs or shower stalls, where receptacles are installed within 6ft of the outside edge of the bathtub or shower stall and laundry areas. Secondary Means of Escape from Sleeping Rooms Every sleeping room must be provided with a primary and secondary means of escape. A window meeting rescue and ventilation requirements can satisfy the secondary means of escape. Heating System Safety Oil, gas, wood, wood pellet and kerosene fuel fired heating systems shall be cleaned and maintained in accordance with manufacturer’s installation instructions and shall be inspected at least once during any 2-year period by a certified fuel service technician or Chimney sweep in the case of solid fuels. Fire Safety Considerations for Short-Term Rental Operators For additional details and information, visit the Code Information & Hot Topic Fire Safety Sheet section of our web page. https://firesafety.vermont.gov/buildingcode/codesheets For detailed information on providing and maintaining a safe short‐term rental, please visit our home page  www.firesafety.vermont.gov  45 State Drive Waterbury, VT 05671 . firesafety.vermont.gov  802‐479‐7561