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

Town of New Albion’s own rules

• Local zoningPresent (with conditions)

  Land inside the Town of New Albion, Cattaraugus County, New York.

  • The cited zoning law states it was adopted by the Town Board on June 17, 2002.

  “Town of New Albion Zoning Law Adopted by the Town Board June 17, 2002”

• Zoning districtsPublished (with conditions)

  Zoning districts established by the Town of New Albion Zoning Law.

  • The cited zoning-law table identifies Agricultural-Forestry, Agricultural-Residential, Rural Residential, General Business, General Industrial, and Special Industrial districts.

  “A-F Agricultural-Forestry District A-R Agricultural-Residential District R-1 Rural Residential District B-1 General Business District I-1 General Industrial District I-2 Special Industrial District”

• Minimum lot sizeDistrict specific (with conditions)

  Land-use districts inside the Town of New Albion.

  • The zoning law assigns minimum lot-size controls by land-use district; numeric table entries were not reliably extractable from the official PDF text.

  “Table 7.2, Table of Dimensional Regulations, contains the minimum lot size, minimum lot width, minimum yard requirements, maximum building height and maximum lot coverage for each land use district.”

• SetbacksDistrict specific (with conditions)

  Land-use districts inside the Town of New Albion.

  • Minimum yard requirements are established by zoning district.
  • Height exceptions apply to listed rooftop and similar structures not intended for human occupancy.

  “The minimum front yard for a lot shall be determined by measuring at right angles from the nearest street right-of-way line. The rear and side yards shall be determined by measuring at right angles from the rear and side property lines, respectively.”

• Lot coverageDistrict specific (with conditions)

  Land-use districts inside the Town of New Albion.

  • Maximum lot coverage is established in the dimensional-regulations table for each land-use district.

  “Table 7.2, Table of Dimensional Regulations, contains the minimum lot size, minimum lot width, minimum yard requirements, maximum building height and maximum lot coverage for each land use district.”

• Building heightDistrict specific (with conditions)

  Land-use districts inside the Town of New Albion.

  • Height limits do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys, silos, grain elevators, antennas, radio or television towers, or usual rooftop appurtenances not intended for human occupancy.

  “The height limitations contained in Table 7.2, Table of Dimensional Regulations, do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys, silos, grain elevators, antennas, radio or television towers, or any appurtenances usually required to be placed above the roof level and not intended for human occupancy.”

• Who permits septicCounty (with conditions)

  Onsite wastewater systems inside the Town of New Albion, which is in Cattaraugus County.

  • The county program regulates onsite wastewater systems under New York standards and specifications in effect when constructed.

  “Onsite wastewater treatment systems in Cattaraugus County are regulated by the Environmental Health Division in accordance with NYS standards and specifications (10NYCRR Appendix 75-A: Wastewater Treatment Standards - Residential Onsite Systems) in effect at the time of their construction.”

• Septic permitRequired

  Onsite wastewater treatment-system repairs or installations inside the Town of New Albion.

  • A permit issued by the Environmental Health Division is required before construction.
  • Commercial and other large systems with design flow of 1,000 gallons per day or greater also require an NYS DEC SPDES permit and a licensed Professional Engineer.

  commercial-system-design-flow: >= 1000 gallons per day (Also requires NYS DEC SPDES permit and licensed Professional Engineer.)

  “All onsite wastewater treatment system repairs or installations in Cattaraugus County require a permit issued by the Environmental Health Division prior to construction. Commercial systems and other large wastewater treatment systems (with a design flow of 1000 gallons per day or greater) also require a State Pollution Discharge Elimination System (SPDES) Permit issued by the NYS Department of Environmental Conservation and require the services of a licensed Professional Engineer.”

• Septic inspectionRequired

  New onsite wastewater treatment systems inside the Town of New Albion.

  • Inspection is required at completion, before backfill, and whenever the Department considers it necessary.

  “The contractor or owner must cause inspection of the onsite wastewater treatment system at completion, prior to backfill, and as may be deemed necessary by the Department.”

• Mandatory utility hookupConditional

  Properties inside the Town of New Albion served by public water or wastewater systems determined available and accessible by the Cattaraugus County Health Department.

  • For water, the Department may direct abandonment of another supply and connection to an available and accessible public system.
  • For wastewater, the Department may direct abandonment of an existing onsite system and connection to an available and accessible public system.

  “Where in the opinion of the Department, a public water system is available and accessible, the Department may direct the owner of any property whereon any other method of water supply is located, requiring such owner to abandon the use of such other method of water supply and to connect with such public water system. [...] Where in the opinion of the Department, a public wastewater treatment systems is available and accessible, the Department may direct the owner requiring abandonment of existing onsite wastewater treatment system(s) and connection to the public wastewater treatment system.”

• Building in a floodplainRequired

  Development in a Special Flood Hazard Area within the Town of New Albion.

  • A Special Flood Hazard Area Development Permit from the Town Zoning Inspector is required before development of listed permitted uses begins.
  • The Zoning Inspector must determine that needed federal, state, county, and local permits were obtained before the Town may issue its permit.

  “A Special Flood Hazard Area (SFHA) Development Permit shall be obtained from the Town Zoning Inspector before development of any of the above permitted uses may begin.”

Still unanswered

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

• Owner-builder exemption — Owner-built construction inside the Town of New Albion.
• Building code adopted — Building-code adoption for construction inside the Town of New Albion.
• Inspections — Building construction inside the Town of New Albion.
• Minimum dwelling size — General minimum dwelling size for single-family dwellings inside the Town of New Albion.
• Camping on your land — Temporary camping on private land inside the Town of New Albion.

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.