Do you have a lot that you would like to build on? Wondering if you can?
First, determine the zoning district.
The minimum lot area (square footage) and road or shoreline frontage required for each principal structure you anticipate have been established for each district.
If the lot does not meet the standard minimum size required, the next step is to determine how long the lot has existed in its current size, or smaller.
If the lot has never been divided since December 15, 1965, you may have a legal, pre-existing non-conforming lot, a grandfathered lot.
If the lot is too small, and you own any vacant, contiguous or abutting lots, then those lots must be combined to make a more compliant lot.
If it is determined that the lot is a legal pre-existing non-conforming lot, it is, in the eyes of the zoning laws, a legal lot.
The minimum area and road or shoreline frontage is automatically waived.
However, property line setbacks for new structures always must be met.
If the lot is 50 feet wide and the sideline setback is 25 feet, a structure cannot fit.
The Town’s Zoning Board of Appeals (ZBA) will entertain applications for relief of the dimensional requirement of the ordinance (Area Variance).
Various criteria must be shown for the Board to approve such a request.
Ultimately the benefit to the applicant must outweigh the detriment to the neighborhood and community.
If you do have a legal lot (grandfathered or not) and the house can fit okay, (with or without a ZBA variance) all NYS building and sanitary codes need to be satisfied.
Can a compliant septic system be installed?
Will the location of that septic system meet the minimum distance separation to your well and any other wells currently in the area?
Will your well be far enough away from your neighbor’s septic system?
Is there enough area to allow a 50% expansion / replacement of the leach field and still be compliant?
What kind of soil conditions are on the lot?
Is the lot an APA designated wetland?
Is the lot relatively flat or does it have a slope greater than 15%?
How close are shorelines, rivers, streams, seasonal streams, wetlands, etc?
Is there bedrock, seasonal high ground water?
What is the perk rate of the soil?
Does the APA (Adirondack Park Agency) have jurisdiction on this property?
An APA ‘JIF’ (Jurisdictional Inquiry Form) should be sent to the APA to determine if an Agency permit is required.
Is the property in a designated flood plain? If it is, can the structure be built two feet above the established Base Flood Elevation (BFE) without causing any problems of potential flooding to neighboring properties?
All these questions must be answered. A current survey should be completed showing grade, property lines, adjoining wells and septic systems, any existing buildings, wetlands, shorelines, streams and the BFE.
A licensed Professional Engineer or Architect will be needed to design a compliant septic system.
Soil deep tests and perk tests need to be completed, so the design professional knows the basis of the design.
Last but not least, are the plans to the house.
NYS law requires drawings by a NYS licensed Architect or Professional Engineer if the house is greater than 1,500 square feet.
Under 1,500 sq. ft. plans are still required, but the requirement for the signature of a design professional may be waived by the Code Office if the plans clearly show compliance to the NYS Residential Code.
Do not assume that no plans are required for a house smaller than 1,500 sq. ft… plans are always required.
However, depending on the complexity of the framing, the need of an architect’s seal may be waived.
After all the local Zoning, APA, sanitary code and building code issues are satisfied, you can file and expect to receive your building permit within a week.
Spring and early fall the code office receives the majority of applications. Getting started immediately after the snow, or hoping to get the structure up and closed in before the snow starts.
There are times we get backed up with plan review and processing the applications, but we try to not be the cause of delay.
Hopefully by this time there has already been communication with this office.
Getting a set of preliminary construction plans for review well before hand is very helpful.
This way the code officer can ask questions directly to the architect if need be.
The residential code is not rocket science, but this area is unique compared to other areas.
It is always a good idea to have your architect talk to the code officer to be sure all the appropriate design criteria is considered and shown on the plans.
Help us to help you with preliminary plan review and knowledge of design criteria well before you need the permit.