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

Town of Cuba’s own rules

• Permit feesPublished (with conditions)

  Town of Cuba building permits.

  • The posted schedule was adopted October 1, 2005 and does not include electrical inspections.
  • For construction values of $2,001 to $25,000, the schedule states $78 for the first $2,000 plus $4.50 for each additional $1,000 or fraction.
  • A building-permit renewal is 50% of the original permit fee, permits may be renewed only three consecutive times, and a new application with associated fees is required after that expiration.
  • The schedule was amended February 9, 2010 and November 2014.

  building permit fee up to construction value of $2,000: 78 USD (Does not include electrical inspections.) · renewal fee: 50 percent of original permit fee (Payable before reissuance; three consecutive renewals only.)

  “TOWN OF CUBA BUILDING PERMIT FEES Schedule Adopted October 1, 2005 Does not include electrical inspections Up to $2,000……………………………………………… $78.00”

Rules another office applies inside Town of Cuba

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

• Who permits septicCounty (with conditions)

  On-site sewage disposal systems on land in the Town of Cuba, which is within the Allegany County Health District.

  • The County Sanitary Code states that all applicable provisions are in force throughout the Allegany County Health District.
  • The Public Health Director may require an applicable municipal Certificate of Occupancy before the Health Department issues a permit.

  “The Board of Health of Allegany County is hereby authorized and empowered to make and promulgate administrative rules and regulations necessary to enforce the New York State Public Health Law, the New York State Sanitary Code, and the Allegany County Sanitary Code.”

• Septic permitRequired

  Construction, installation, alteration, or extension of an individual sewage disposal system in the Town of Cuba.

  • The property owner or designated agent must apply to the Public Health Director before work begins.
  • A separate sewage-disposal permit is required for each residence.
  • The Public Health Director may deny incomplete, inaccurate, or noncompliant applications.
  • The system must be completed within one year unless an additional period is granted; extension requests must be made at least 60 days before expiration.

  permit completion period: 1 year (Unless the Public Health Director grants an additional period for good cause.)

  “No person shall construct, install, connect, alter, or extend an ISDS within the Allegany County Health District without having filed for and received a written permit to do so from the Public Health Director.”

• Off-grid sanitationLimited

  Non-waterborne individual sewage disposal systems in the Town of Cuba.

  • The system must be an accepted non-waterborne individual sewage disposal system identified in the current editions of 10 NYCRR Appendix 75-A or the NYSDOH Individual Residential Wastewater Treatment Systems Design Handbook.
  • The option applies where running water is unavailable or too scarce to support flush toilets, or where water conservation is needed.
  • A permit is required for construction, installation, alteration, or extension.

  “Any of the accepted "non-waterborne" ISDS acceptable for use in areas where running water is not available or is too scarce to support the use of flush toilets, or where there is a need to conserve water, as identified in the current editions 10 NYCRR, Appendix 75-A or the NYSDOH "Individual Residential Wastewater Treatment Systems Design Handbook", which is based on 10 NYCRR.”

• Mandatory utility hookupSewer (with conditions)

  Residences with plumbing fixtures, potable water supply, or a receptacle creating sanitary flow in the Town of Cuba where a public or municipal sanitary sewerage system is accessible.

  • A residence in the stated circumstances must have an individual sewage disposal system if no approved public or municipal sanitary sewerage system is available.
  • An individual sewage disposal system may not be installed, extended, or altered on property accessible to a public or municipal sanitary sewerage system.
  • This finding addresses sewer availability; no Town rule requiring connection to public water was located.

  “Each residence provided with plumbing fixtures, or plumbing fixtures and a potable water supply, or provided with a receptacle to create a sanitary flow, where no approved public or municipal sanitary sewerage system is available, shall be provided with an ISDS. No ISDS system shall be installed, extended, or altered on property accessible to a public or municipal sanitary sewerage system.”

Still unanswered

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

• Owner-builder exemption — Owner-performed residential construction in the Town of Cuba.
• Well permit — Private wells in the Town of Cuba.
• Agricultural exemption — Agricultural construction or land use in the Town of Cuba.
• Subdividing land — Subdivision of land in the Town of Cuba.
• Driveway access — Driveway access serving land in the Town of Cuba.

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.