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

Town of Rushford’s own rules

• Building permitRequired

  New construction, structural alteration, or changes in use of a building or lot inside Rushford town.

  • Applicant must apply to the Code Enforcement Officer using the appropriate form and submit the required fee.
  • A non-owner applicant must produce an affidavit signed by the property owner approving the application.
  • A permit may be issued, refused, or referred to the Zoning Board of Appeals.

  “All persons desiring to undertake any new construction, structural alteration, or changes in the use of a building or lot shall apply to the Code Enforcement Officer for a permit by filling out the appropriate application form and by submitting the required fee.”

• Certificate of occupancyRequired

  Permitted work inside Rushford town after completion.

  • The Code Enforcement Officer must find that the action was taken in accordance with the permit before issuing the certificate.
  • Occupation is subject to the exception referenced in Section 11.2(C).

  “upon completion of such action, shall apply to the Code Enforcement Officer for a Certificate of Occupancy. If the Code Enforcement Officer finds that the action of the applicant has been taken in accordance with the permit, He will then issue a Certificate of Occupancy allowing the premises to be occupied except as authorized in Section 11.2 C of this ordinance.”

• Local zoningPresent (with conditions)

  Land inside the Town of Rushford, Allegany County, New York.

  • The ordinance divides the Town into districts or zones.

  “For the purpose of promoting the public health, safety, morals and general welfare of the Town of Rushford, the Town is hereby divided into the following districts; R-C Residential/Commercial District R-2 Rural Residential District A-1 Agricultural District F-1 Flood Hazard Area”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Rushford town.

  • The zoning map adopted May 15, 1975 and certified by the Town Clerk accompanies and is part of the ordinance.
  • F-1 references the Federal Insurance Administration Flood Hazard Boundary Map dated September 16, 1974 and revisions.

  “R-C Residential/Commercial District R-2 Rural Residential District A-1 Agricultural District F-1 Flood Hazard Area”

• Living in an RVLimited

  Recreational-vehicle camp or park use inside Rushford town.

  • The schedule classifies a recreational vehicle camp or park as a Special Use in A-1, R-C, and F-1 districts, and Not Allowed in R-2.
  • Special Use requires a permit after Zoning Board of Appeals review and approval.

  “Construction, Use or Condition A1 RC R2 F1 [...] RECREATIONAL VEHICLE CAMP OR PARK SU SU NA SU”

• Mandatory utility hookupConditional

  Residential-district lots inside Rushford town where an approved public combined sewage treatment system and/or approved public water supply is provided.

  • Minimum conforming lot area may be reduced by 25% if either approved public combined sewage treatment or approved public water is provided.
  • Minimum conforming lot area may be reduced by 50% if both are provided; yard dimensions may then be decreased by 20%.
  • Non-conforming lots remain unchanged.

  minimum lot area reduction with either approved system: 25 percent (approved public combined sewage treatment system or approved public water supply system is provided) · minimum lot area reduction with both approved systems: 50 percent (both approved systems are provided)

  “Minimum conforming lot area requirements in the Residential District may be reduced by 25% if either an approved public combined sewage treatment system or an approved public water supply system is provided, and by 50% if both approved systems are provided. If both are provided, yard dimensions may be decreased by 20%. Non-conforming lots remain unchanged”

• Permit processPublished (with conditions)

  Zoning building-permit applications inside Rushford town.

  • Applicant must obtain and complete the Code Enforcement Officer's application form.
  • Application must be delivered with the required fee.
  • If data meet ordinance parameters, the Code Enforcement Officer will issue the Building Permit.
  • Special-use applications go to the Zoning Board and require a public hearing within 60 days; action must be completed within 62 days after receipt.

  special-use public-hearing deadline: <= 60 days (after receipt of the application by the Zoning Board) · special-use action deadline: <= 62 days (after receipt of the application by the Zoning Board)

  “Applicant must obtain from the Code Enforcement Officer an application form and must complete all sections of the form. [...] Application must be given to the Code Enforcement Officer with the required fee. [...] All action required on the application must be completed within sixty-two (62) days after receipt of the application by the Zoning Board. [...] The Zoning Board must conduct a public hearing within sixty (60) days after receipt of the application.”

Rules another office applies inside Town of Rushford

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

• Building code adoptedAdopted (with conditions)

  Buildings inside Rushford town; New York City is excepted, not Rushford.

  • The State Uniform Code is automatically effective in every city, town, and village except New York City.

  “The Uniform Code is automatically in effect in each city, town, and village in the State (except New York City) by directive of the State Legislature.”

• InspectionsRequired

  Work inside Rushford town for which a building permit is issued under the State Uniform Code.

  • Inspection requirements apply to specified elements of the construction process.
  • The cited State memorandum notes exemptions from regular periodic inspections for owner-occupied one- and two-family dwellings and agricultural buildings used directly and solely for agricultural purposes.

  “Construction Inspections. Inspections of certain specified elements of the construction process must be required. Building permits holders must keep work accessible and exposed until inspected and accepted by the municipality.”

• Lot coverageDistrict specific (with conditions)

  Rural Residential R-2 district inside Rushford town.

  maximum lot coverage: 30 percent

  “Maximum Percent of Lot Coverage [...] Rural Residential R-2 [...] 30%”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Rushford town.
• Minimum dwelling size — Dwellings inside Rushford town.
• Camping on your land — Temporary camping on private land inside Rushford town.
• Tiny homes — Tiny-home occupancy inside Rushford town.
• Accessory dwellings — Accessory dwelling units inside Rushford town.

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.