by Andrew Getty

 

The most common question regarding vacant land is whether or not it is buildable; and there is no ‘black & white’ answer due to the potential of so many variables.

To find out, start with the basics:

Is the parcel truly vacant?

How big is the parcel? 

How long and/or wide is it?

Is the adjacent land owned by the same person, people or entity?

If so, local zoning may only allow one building permit for both parcels, as they are combined in the eyes of zoning… even if they are deeded individually and are under separate tax bills.

What is the zoning district classification?

How steep is the lot?

Do you have a survey?

How do you get access?

Are utilities available?

Do neighboring structures encroach on the property?

Was the site ever declared a hazardous waste site?

Has it been mitigated?

Are there any designated wetlands anywhere on the land?

Is it a waterfront parcel?

If so, how deep is the parcel from the water?

Can a conventional on-site septic system be installed?

Can a well be installed, maintaining separation from the leach field?

Can the leach field maintain separation requirements from neighboring wells?

Any one of these things could create a problem. Obviously, the bigger the parcel the easier it is to make everything compliant. However, if there are no answers how can you tell?

If you happen to be the seller of such land, to make it more marketable and more interesting to a potential buyer, consider working through some of these questions officially.

Get a survey done; have a septic system designed for a typical two- to four-bedroom house; show how a house, well and septic can be placed in a compliant location.

Talk to the highway department (town, county or state) about a new driveway entrance.

If you think there may be wetlands, get the Adirondack Park Agency to give you an official determination… that is free.

If you were buying property, wouldn’t you want to know if you could get a building permit? And if you are the seller this would give you a great advantage over competitive properties on the market.

Sure, you may have to spend some money, but marketability and time definitely has a great value.

Remember, the smaller the parcel happens to be, the more all these things become critical; the bigger the property, these issues become less and less problematic.

In almost all zoning districts, a 25-foot side property line structure setback is required. A 50-foot wide lot leaves “0” (zero) room for any type of structure.

Of course you can always submit an application for an Area Variance, but there is no guarantee of approval—especially on vacant parcels.

With an 80-foot wide lot, there is a 30-foot wide area that a structure may be able to go in.

But what happens if that 30-foot wide area is the only spot a septic system can go?

There are plenty of old smaller lots all over town. Some were purchased in tax auctions really cheap, and/or may have been passed down through generations.

The smaller the lot, the harder it is to make all the pieces of the puzzle fit together.

Remember, not very much of the town is serviced by public sewer and/or water, so the size is really important.

Every year, at the time the county has property tax sales, this office usually receives many calls asking if a particular lot can be built on.

Unless this office has all these questions answered, it is impossible to give any kind of positive answer.

This office encourages buyers and sellers to come in and ask questions… just makes the building permit process smoother, for everyone.