Zoning, building permits and septic rules in Town of Westerlo, New York

Town of Westerlo’s own rules

• Building permitRequired

  Work inside Westerlo that must conform to the Uniform Code and/or Energy Code, including construction, enlargement, alteration, improvement, removal, relocation, demolition, or specified solid-fuel equipment.

  • Exemptions listed in Section 7.20(b) include certain detached one-story accessory structures no larger than 144 square feet, specified playground equipment, shallow above-ground pools, certain fences, and limited repairs.
  • Work may not commence until a permit is obtained from the Code Enforcement Officer.

  accessory-structure permit-exemption maximum gross floor area: <= 144 square feet (One-story detached structures associated with qualifying dwellings and used for tool/storage sheds, playhouses, or similar uses.)

  “No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.”

• InspectionsRequired

  Permitted construction work inside Westerlo.

  • Work must remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or authorized Inspector.
  • Listed elements are inspected where applicable, including the work site, footing/foundation, framing, building systems, energy-code compliance, and final inspection.

  “Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer.”

• Certificate of occupancyRequired

  Any work inside Westerlo subject to a building permit and any conversion between use or occupancy classifications.

  • The Code Enforcement Officer or authorized Inspector must inspect before issuance.
  • A temporary certificate may be issued only upon specified safety, operational fire-protection, and egress findings; it may not exceed six months.

  temporary certificate maximum period: <= 6 months (Only when the Code Enforcement Officer determines the listed safety conditions are met.)

  “A Certificate of Occupancy shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another.”

• Local zoningPresent (with conditions)

  Land inside the Town of Westerlo, Albany County, New York.

  • Local Law No. 1 of 2020 states that it becomes effective upon filing with the New York Secretary of State.

  “Town Board of the Town of Westerlo (the “Town Board”) does hereby enact the Town of Westerlo Zoning Law.”

• Zoning districtsPublished (with conditions)

  Town-wide zoning districts inside Westerlo.

  • The district map is part of the local law and is on file with the Town Clerk.

  zoning districts: LI—Light Industrial; RD/A—Rural Development/Agricultural; RH—Residential Hamlet

  “For the purpose of this Local Law, the Town of Westerlo is hereby divided into the following districts: LI - Light Industrial RD/A - Rural Development/Agricultural RH - Residential Hamlet”

• Subdividing landRegulated (with conditions)

  Unauthorized land subdivisions inside Westerlo.

  • The Planning Board may approve retroactively on terms and conditions it deems appropriate.
  • The Town Board states that unauthorized subdivisions must seek formal Planning Board approval.

  “The Town Board hereby declares that it is the policy of this Board that Unauthorized Subdivisions must seek formal approval of the Planning Board”

• Building in a floodplainRequired

  All activity in mapped flood-hazard areas inside Westerlo.

  • The areas are shown on the Town's Flood Hazard Boundary Map prepared by the Federal Insurance Administration/FEMA.
  • Activity must conform to the Town of Westerlo Flood Hazard Regulations.

  “All activity in such areas shall conform to the Town of Westerlo Flood Hazard Regulations.”

• Permit feesVariable (with conditions)

  Building permits inside Westerlo.

  • The applicable fee must be paid on submission of an application for a building permit, amended permit, or renewal.

  “A fee schedule shall be established by resolution of the Town Board. Such fee schedule may thereafter be amended from time to time by like resolution.”

• Permit processPublished (with conditions)

  Building-permit applications inside Westerlo.

  • Applications must be in writing on a form provided by or acceptable to the Code Enforcement Officer and signed by the owner or authorized agent.
  • At least two sets of construction documents are required, subject to the stated requirements and applicable professional-design requirement.

  construction document sets: >= 2 sets (Documents must meet Section 7.20(d)(5) requirements.)

  “Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner.”

Rules another office applies inside Town of Westerlo

Town of Westerlo does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum lot sizeSpecified

  Single-family dwelling or single mobile home in the Rural Development/Agricultural District.

  • No more than one dwelling unit or mobile home may be constructed or placed on one lot.

  minimum lot area: >= 3 acres (Per single-family dwelling unit or single mobile home.)

  “Minimum lot acres per single family dwelling units or single mobile home shall be three (3) acres. No more than one dwelling unit or mobile home shall be constructed or placed upon one lot”

  One more reviewed finding on this topic

  • Specified — Single-family dwelling in the Residential Hamlet District.

    “Minimum lot size for residential use shall be 32,670 square feet. Depending on soil conditions and well location, minimum lot size may have to be increased in order to comply with Health and Sanitary Regulations.”

• SetbacksSpecified

  Single dwellings in the Rural Development/Agricultural District.

  front yard minimum: >= 50 feet · side yard minimum: >= 50 feet · rear yard minimum: >= 50 feet

  “Front Yard Minimum: 50 ft. Side Yard Minimum: 50 ft. Rear Yard Minimum: 50 ft.”

  One more reviewed finding on this topic

  • Specified — Single-family dwellings in the Residential Hamlet District.

    “Front Yard Minimum: 50 ft. Side Yard Minimum: 30 ft. Rear Yard Minimum: 30 ft.”

• Lot coverageSpecified

  All other permitted uses in the Rural Development/Agricultural District.

  • Excludes parking area; 20% of gross land area must remain forever green or natural.

  maximum building coverage: <= 30 percent of gross land area (Excluding parking area.)

  “The maximum building coverage for all development, excluding parking area shall not exceed thirty (30%) percent of the gross land area of any single lot or other development site as a whole and twenty (20%) percent of gross land area shall remain forever green or natural.”

• Building heightSpecified

  Single dwellings in the Rural Development/Agricultural District.

  • Height is as defined in the New York State Building Code.

  maximum height: <= 35 feet (No more than two and one-half stories.)

  “No structure shall be more than two and one-half (21/2) stories, not to exceed thirty-five (35’) feet in height, as defined in the New York State Building Code.”

  One more reviewed finding on this topic

  • Specified — Single-family dwellings in the Residential Hamlet District.

    “No structure shall be more than two and one-half (21/2) stories, not to exceed thirty-five (35’) feet in height, as defined in the New York State Building Code.”

• Camping on your landLimited

  Campgrounds in the Rural Development/Agricultural District inside Westerlo.

  • A site-plan approval and special-use permit are required.

  “Uses Permitted Upon Obtaining Site Plan Approval and Special Use Permit: a. Travel trailer parks and camp grounds”

• Manufactured homesAllowed

  A single mobile home in the Rural Development/Agricultural District inside Westerlo.

  • The district's single-dwelling minimum-lot, frontage, setback, and height standards apply.

  “Uses Permitted by Right: a. One- through four-family dwelling, all of which must be attached b. Home occupations c. Single mobile homes”

  One more reviewed finding on this topic

  • Prohibited — Mobile homes in the Residential Hamlet District inside Westerlo.

    “One- and two-family dwellings excluding however, mobile homes”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Westerlo or Albany County directly.

• Owner-builder exemption — Owner-builder status for construction inside Westerlo.
• Minimum dwelling size — Single-family dwellings in the Rural Development/Agricultural District.
• Living in an RV — Long-term RV or travel-trailer occupancy on private land inside Westerlo.
• Tiny homes — Tiny-home occupancy inside Westerlo.
• Accessory dwellings — Accessory dwelling units inside Westerlo.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.