Tag Archives: code

Talkin’ Code with Andrew Getty

PERMITS & GRANDFATHERING

We got a building permit but the project got delayed-are we still good?

Q: A building permit was issued to us three years ago to build our house. Is it expired now? Or does it expire one year after we start construction?

A: All permits from this office including building permits expire one year after the date of issue.

Q: But we never started construction! We should be grandfathered!! Why can’t we just renew it?

A: Sorry, no. However, if the project had been substantially started, you may have been able to renew the original permit.

Q: We cleared the lot and had the plans done. That cost a substantial amount of money, why can’t we just renew it?

A: Building codes change in time. If construction had actually started, which included footings, foundation, framing, doors and windows, mechanicals, insulation, you may be able to grab some grandfathering on work already completed.

Grandfathering does not apply for work not done yet.

Q: You mean if we started work and the codes change, we would have to meet the new codes?

A: No, not necessarily. If work continued, without interruption and there were changes you could continue the work as originally planned.

Q: Will the Code Office come back a few years and make us change to new codes?

A: Of course not. This assumes that the house had a valid permit issued and the work was completed in substantial compliance with the codes in place at that time the permit was issued.

Q: What about remodeling? Do we meet the code that was in place when the house was built?

A: Probably not. Some codes may stay the same but not all. Any new work must meet the Existing Building Code. Especially the Energy Code, which is getting stricter and stricter.

Q: So we need to get another permit for this house. Can we use the original plans?

A: Sure….if they meet the minimum requirements of the Residential Code of New York as of today.

Q: What are the minimum requirements of the Code?

A: This article is just not long enough to answer that one! Take your plans back to your favorite Architect or Engineer for revision and certification to current code standards. Then bring them back in here for review. If we discover any omissions or have any questions, we will contact you.

Q: Will our Architect understand what you want?

A: What we want is all in the code manuals. However, here are some of the basic design criteria standards which should help your Architect get started:

• Roof snow load, which is now called Ground Snow Load [GSL], is calculated based on elevation. 80 lbs plus 2 lbs for each one hundred feet in elevation above 1,000 feet. For the Town of Webb all GSL ratings will be between 94 lbs GSL to 102 lbs GSL. That tells you that the Town has elevations ranging from the low 1,700’s to over 2,000 feet above sea level.

• Wind category is almost always 90 mph. There are some locations that should have 110 – 120 mph for design purposes. Like areas where there is a mile of more of lake in front of the building.

• Energy Code HDD 7244

• Exposure – severe

• Frost protection 48 inches minimum. We have seen frost as deep as 72 inches, especially in traffic areas or areas where the snow is always shoveled away.

• Seismic categories B in the southern part of the town and C in the Northern portion.

Q: I still can’t believe that we can’t just renew our permit. How about our septic system permit? Do we need another plan for that as well?

A: No, assuming that there is no change in leach field location or number of bedrooms from the first plan.

Q: Well actually, we are switching the locations of the house and leach field. Do we need a new plan?

A: At least a new perk test and deep test to show the soil conditions have not changed from one end of the property to the other. But the standards and codes for waste water treatment are basically the same as before.

If you have questions, call your Code Office and ask before you dig.

Share Button

Talkin’ Code with Andrew Getty

Did you know removing a property marker is a criminal offense? This is that time of year when the Code Office gets a lot of questions regarding the rules and regulations pertaining to many different things.

However, this year seems to be notably different in that many people are simply just not happy—not everybody—but it seems like more than normal.

People are not happy for a host of reasons. The need to get a permit, the cost of the permit, that it takes more than ten minutes to issue a permit, and the requirements of specific regulations to name a few.

Other complaints stem from limits as to dock size, septic system requirements, the need of plans for construction, inspection requirements, the fact the office does not have weekend hours…

There have been complaints about neighbors, complaints about junk or debris, complaints about a multitude of other things.

Then there are those complaints about things the Town Code Office can’t do anything about.

Things like: property line disputes, neighbors parking cars off their own property, the need for APA jurisdictional review, the need of a DEC permit for various water activities, the need of a floodplain permit, no burning of any kind of construction debris, limitations on the size and location of outdoor camp fires, the height of buildings, the height of antennas, even the need of an Army Corp of Engineers permit.

Particularly big are property line disputes which, again, cannot be resolved by the Code Office.

This office will always rely on certified survey maps prepared by a NY State licensed Land Surveyor and property markers that were flagged on the ground.

Even then, sometimes we cannot always rely on the markers because too many times these pipes or markers get moved or removed.

Most people do not know it is a criminal offense to disturb a property marker placed by a licensed surveyor.

The need of a survey has proven invaluable many times.

For purposes of zoning and property line set-back requirements, the smaller the lot the more critical it is to know exactly where the property lines are.

Obviously with larger parcels having hundreds of feet in any direction to any property line, the need to pinpoint the line is just not there.

The difference between a huge lot to a smaller lot is pretty easy to understand.

It is difficult to rely on a plot plan (not a real survey) showing the house on the lot, all hand drawn showing the roadway, the sidelines and the house.

It seems that nine times out of ten, the setback from the roadway to the house was measured from the edge of the driving surface of the road and not the edge of the right-of-way.

That can be a difference of 20 feet or more.

All too often you can find multiple pipes or stakes in the ground… are they accurate? Have they been moved? Did a tree fall on them years ago and someone “straightened” it up?

Accurate and verifiable documentation of property lines and the location of the structure is critical to show compliance regarding setbacks.

This concept will be difficult for some people who may have to go out and order a survey for the first time, but may actually save a lot of headaches in the long run.

The need of other agency review or permits is another topic.

The local Code Office does not have the jurisdiction to approve another agency’s permit.

We can, and try to offer assistance in filling out the paper work and forms, and can offer certain advice as to what may be required.

Ultimately this office has no jurisdiction, therefore the need to obtain the permit or official review and determination from that agency will never go away.

Discuss your project with the Code Office well before you intend to start.

Bring any surveys, maps, or older information you may have regarding the property and location of all existing structures.

The actual information you may need to do what you hope to do, will depend on many factors.

Be prepared to help us to do what you want by providing the right documentation.

Share Button

Talkin’ Code with Andrew Getty

Are certain permits designed to keep outsiders away?

Q: We own a portable hamburger and hot dog vending truck. Is a permit required to sell food from such a vehicle in the Town of Webb?

A: Yes, a permit is required for any type of vehicle or trailer that prepares or sells any type Continue reading →

Share Button

Talkin’ Code with Andrew Getty

Variances are not always difficult, but there are no guarantees

I’LL JUST GET A VARIANCE

Q: Hello, is this the place to get a building permit?

A: Yes sir, the Code Enforcement Office. What kind of project do you want to do?

Q: We are starting to put an addition on our camp, and a neighbor stopped to ask if we had a permit. Do I need a permit to just add on?

A: Yes, a building permit is required.

Q: Can I send my wife down to pick up a permit, and how much is this going to cost me?

A: The cost is dependent on the size of the project. Have your wife come in and fill out the application which is only one page.

The important information will be on the construction drawings and the plot plan that she will bring in and attach to the application.

Q: I don’t have any plans, and I don’t have a plot plan either. I know I don’t need them because it’s attached to the existing camp. My wife will come in to your office and buy the permit. How much will it cost?

A: Depends on how big the project is and a set of plans is required to get the permit.

Q: It’s about the same size as the camp, around 24 feet by 30 feet, and will have a loft for the kids. The plans are in my head, I’ll give you the lumber list so you can figure it out from that. You can see what I’m doing, what do you need plans for?

A: A permit will not be issued until you can show compliance to the NYS Residential Code and the Local Zoning requirements for location, setbacks from property lines, waterfronts and roads.

Q: Do you think I’m nuts? I’m not building this in the road or on the water. And I know exactly where our property lines are. My Father showed me the place where the tree was on the line and we put a rock there after the tree blew over in a storm. I know right where it is; do you want to see it?

A: No, that will not be necessary. There is a strong possibility, a very strong possibility, that a survey may be required to verify the location of the existing structure and the addition.

Q: I already told you, I know where the line is. Why do we need a survey?

A: If you know how far from the shoreline or any property line the addition is, and the addition is clearly, without any question, farther than 100 feet from the shoreline, farther than 25 feet to any side line and farther than 50 feet to any rear property line… and all this can be verified easily on-site, a survey may not be required.

Q: The existing camp is only 20 feet off the lake now, but it is all grandfathered so I can do what I want to. And the neighbors next door do not care if the addition is right next to their wood shed, so being 25 feet off the side property doesn’t matter either. How much is this permit going to cost me anyway?

A: Let me summarize what I think we just discussed.

The camp and the addition are all within the 100 foot shoreline setback area.

The addition is going to be 2 or 3 feet from the neighbor’s wood shed, which is assumed to be on the side property line, and you think everything is fine, and all you want is the permit.

Q: Yeah, that’s right, how much does it cost, 20, 30 bucks?

A: I can’t give you a permit.

Q: Why not? It’s grandfathered, my neighbor doesn’t care, and I have already started construction!!?

A: First of all, here is a STOP WORK ORDER. You must stop all construction activities immediately.

Secondly, we will need a complete survey showing all structures accurately located, signed by a NYS Licensed Land Surveyor, and showing where the addition will be located.

And lastly, even if you get me this stuff the permit will still not be issued.

Q: You’re joking right? You’re saying if we get all this information, survey, plans, etc… you will not grant the permit? Why not?

A: That is correct. In your location the Zoning Classification is RR, therefore a 100 foot shoreline setback is required for any construction, even additions.

And you also have a side line setback issue where a minimum of 25 feet is required.

Unless you apply for and receive an Area Variance from the Town Zoning Board of Appeals, no permit can be issued.

Q: Fine. I’ll just get a variance. How much is that going to cost me?

…some days are good days, and some days are a little more challenging…

Share Button

Talkin’ Code with Andrew Getty

Tree removal: Good stewardship at heart of all timber laws

A few years ago—October 9th, 2007, to be exact—the Town of Webb adopted a rather comprehensive amendment to the Local Zoning Ordinance.

The procedures of review for a Conditional Use Permit were revised.

A Conditional Use is a particular use or activity that is almost approvable with just the Code Officer’s approval.

That means the activity is not prohibited, but is worthy of due Public Notice and review and approval of the Planning Board.

In the 2007 revision, a number of issues were identified as outdated and then re-written.

There were also a number of issues that were included for the first time; things like:

• Adult Entertainment Establishments;

• Convenience store with gasoline sales;

• Home Occupations;

• RV vehicle parking and use on vacant lots;

• Telecommunication Facilities;

• Tree Preservation and Land-scaping;

• Wind Power Generating Facilities.

A number of definitions were added or amended, as well.

All of these are typical “hot-topics” in most municipalities, not only in the Adirondack Park, but around the state.

But there is one that may stand out as being substantial, especially for the Adirondacks.

That is Tree Preservation.

Trees are one of our two most valued natural resources, the other being our water.

Certainly the harvesting of trees has been a substantial industry in the Adirondacks for well over one hundred years.

Many stories have been derived from the logging camps and practices of years gone by.

Today’s logging industry is heavily regulated because of poor harvesting practices of years ago.

Hopefully the lessons learned from those years past will better ensure the integrity of our forests of the future.

Back to the Zoning Ordinance amendment that included Tree Preservation…

Why did the Town of Webb feel it was needed to draft local legislation to regulate tree cutting?

Unfortunately, just like so many other rules and regulations, there have been a number of events that prompted action.

These events include the harvesting of trees, clear cutting parcels of land without any plan in place to re-plant, provide erosion control, redevelop, prevent sediment from getting into waterways or any other kind of mitigation whatsoever.

This type of activity strikes at the heart of good stewardship of our natural resources.

There have been certain activities involving clear cutting of shoreline properties, mountain top lands, large acreage parcels or just the small half acre lots.

Each of these has different potential impacts on the environment and may have direct impacts on adjoining seasonal or more densely populated residential areas.

Here is a portion of the language of the new Tree Preservation regulation:

REGULATED AREA:

0–1 acre…….50%

1–3 acres…..20%

Over 3 acres….Planning Board approval required with the following exceptions:

1. Trees may be cleared within twenty (20) feet of any principal structure, and within five (5) feet of any accessory structure.

2. Trees may be cleared within five (5) feet of any roadway, driveway, or path to the main structure.

—

The whole intent of this is to prevent removal of trees, especially clear cutting of any land, allow uncontrolled logging that may impact surrounding properties, neighborhoods, lakes, rivers, the environment or the community in general.

It is not intended to prevent the lawful, regulated, reviewed and approved logging practices currently in operation in wild forest areas.

Share Button

Talkin’ Code with Andrew Getty

Is Winter Ending?

Not Yet.

Here in the Code Office, the winter season is kind-of weird. From Thanksgiving through January, the phone doesn’t ring too much. Very few permits are going out the door, things are a little quiet. This time of year is always a great time to do those things that seem to be set aside. After January, things start to change.

This year has proven to be the same. The phone has been ringing more. Property owners, potential property owners and contractors are asking questions, requesting applications, finding out the requirements. Even though there is still lots of snow out there, and the sounds of snowmobiles are everywhere, here in this Code Office, winter is fading and spring is moving in.

I guess this is a good thing. Hopefully it means a busy year for local contractors and suppliers. Hopefully it also means that people may be spending a little extra cash on that summer vacation right here in the Adirondacks as well.

Asking questions now, for that anticipated big or small project this summer is prudent. Our job here in the Code Office is to guide you through the regulatory process in a manner that encourages compliance at all levels, without the need of any special requests or need of variances. Occasionally this tends to be a challenge, especially on smaller lots, lots with unique restraints or existing conditions or restrictions.

Recently, there was an application made by an home owner, to the Town’s Zoning Board of Appeals requesting relief from the minimum front yard [road side] setback for the construction of a garage. Although the lot was encumbered by some interesting features including wetlands, and an encroachment onto the property by a private road [which seemingly has been there for sixty years], there were alternatives to the proposed location that would comply with the Town’s Zoning Ordinance.

This office discussed at great length the application with the home owner, and looked at all possibilities. There was no doubt that the lot was interesting, and there were very limited areas a garage could be placed. But the home owner wanted to move forward with his idea, that of having a detached garage in a location which did make some sense….but it needed a variance granted by the Zoning Board of Appeals.

The Zoning Board of Appeals always tries to understand all potential alternatives and then balance the request to potential negative aspects regarding those alternatives. In this case, it was clear that a garage could be attached to the house and be fully compliant without the need of a variance. Although the Board understood the home owner’s reasons to have a detached garage, that reason did not out-weigh the fact that no variance was needed to enable them to have a garage. There were reasonable compliant alternatives.

Before the Board had to officially deny the application, the home owner said they would reconsider their request and either re-apply or move forward without the need of a variance. That whole concept is exactly what this office tries to do with applicants during the application process. Guide the applicant forward, seeking compliance, without the need of any variances, if possible.

This review process takes time. If an application must be made to the Zoning Board of Appeals or the Planning Board, it takes more time. Due process requires legal notices in the local paper, which means even more time.

Thus the reason the start planning for your project now, not the week before the contractor is scheduled to start, only to find out it may take 30 – 60 days to get the permits required to do what you want. And, as with any variance request, there is never a guarantee of approval……… Shall we see you sooner than later??

Share Button

Talkin’ Code with Andrew Getty

What Makes a Structure a Single Family Dwelling?

Q & A

Q: We just purchased a piece of land in town and want to build a house. Do we need to get a permit?

A: Yes, building permits are required for all new structures, house or otherwise.

Q: Okay that’s fine, can we get one right now? How much do they cost?

A: After the Code Office receives the plans and a survey showing where the house will be on the property, we can determine the cost based on the size, or square footage, of the house.

Q: Why do you need a set of plans? Can’t we just pay for a permit and build what we want to?

A: New York State law and local law both require plans and specifications showing compliance to the Residential Code and Energy Code of New York.

Q: We do not have plans, but we do have a picture of what we want. Is this enough?

A: This photo shows a tent! This is not a house!

Q: That’s what we want for our house. We want to keep it simple and cost effective. It is a really strong tent and has a framed platform under it to keep it off the ground. What’s wrong with this?

A: The NYS Code will not acknowledge that a tent qualifies as, or is the same thing as a single family dwelling. At the same time, the NYS Code will not say that you cannot have a tent to live in.

Q: This is what we want for our house. So what is the problem?

A: Our local law, the Town’s Zoning Ordinance, requires that a principal structure must be on the property before an accessory structure can be built. By local definition, the tent would be an accessory structure, not a single family dwelling.

Q: What is the town’s definition of a single family dwelling?

A: DWELLING, ONE-FAMILY: A detached building used for year-round or seasonal occupancy by one (1) family only, other than a mobile home, recreational living unit, or any temporary structure. DWELLING OR DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for one (1) family, including living, sleeping, cooking and sanitary facilities, as distinguished from rooming or boarding house, lodge, club, fraternity, hotel or motel, commune, or similar facilities.

Q: So you are telling us that we do not have the right to live in our tent, as nice as it is?

A: Not exactly. You can live in your tent, but you need to build a single family dwelling first.

Q: This just does not seem fair. How can a town have such a law and call it legal?

A: Well, you’re getting into the fundamentals of Zoning. Rest assured, all municipalities in the State of New York, just like any other state, have the right to create Zoning Laws, sometimes also known as ‘Land Use Regulations.’ These laws, rules and regulations are recognized as a tool to enhance and protect the environment, the orderly development of a community, and to protect [to a certain degree] the value of properties in the neighborhood or community.

Q: Why should we not have the same rights as our neighbors who choose to build huge one-million dollar homes on their lots? We don’t want a one-million dollar house; all we want is what you call a tent!

A: Please understand that this office did not make this stuff up. The Town of Webb has had a Zoning Ordinance since 1965. Sure it has been challenged in the past, and there have been some changes through the years. But it is substantially the same as it was written forty-five years ago.

Q: There must be many other people who complain, isn’t there?

A: Actually, because the town took a progressive approach nearly one-half century ago regarding land use and development, the town has developed in a manner which has encouraged and help maintain property values and the protection of the environment.

Q: Oh come on…. Look at some of the areas, houses on top of houses, tiny little lots, buildings on property lines, businesses in residential areas. You are kidding me right?

A: Oh yeah, there is a whole bunch of ‘lawfully, pre-existing and non-conforming’ things out there. All these ‘grandfathered things’ were created before the Zoning Laws were enacted. And it is all those things that created the need and the desire to have local legislation to keep it from continuing.

Q: Okay…Okay. If we build a “house” how small can it actually be?

A: Great question, let’s look at the minimum space requirements in the NYS Codes……..

 

To Be Continued……………

Share Button