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

Town of Westfield’s own rules

• Building permitRequired

  Work inside Westfield town that must conform to the Uniform Code and/or Energy Code.

  • The quoted rule is subject to the exemptions in § 92-4B.
  • One-story detached tool/storage sheds, playhouses, or similar structures associated with one- or two-family dwellings or townhouses are exempt when gross floor area does not exceed 144 square feet.

  shed exemption maximum gross floor area: <= 144 square feet (One-story detached tool/storage sheds, playhouses, or similar uses associated with specified dwellings.)

  “Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code”

• Building code adoptedAdopted (with conditions)

  Construction inside Westfield town.

  • The Code Enforcement Officer administers and enforces the Uniform Code, Energy Code, and Chapter 92.

  “This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town.”

• InspectionsRequired

  Permitted construction inside Westfield town.

  • Work must remain accessible and exposed until inspected and accepted.
  • Remote inspection may replace in-person inspection only at the Code Enforcement Officer's or authorized inspector's discretion when it can achieve the same level and quality.

  “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

  Work inside Westfield town that is subject to a building permit, and structures converted to another use or occupancy classification or subclassification.

  • A building may be used or occupied only through a certificate of occupancy or certificate of compliance.
  • The Code Enforcement Officer or authorized inspector must inspect before issuance.
  • A temporary certificate may be issued only when the enumerated safety, fire/life-safety, and egress conditions are met, for no more than six months.

  maximum temporary certificate period: <= 6 months (Period is determined by and stated in the temporary certificate.)

  “A certificate of occupancy or certificate of compliance 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 in the unincorporated area inside the Town of Westfield; not the incorporated Village of Westfield.

  • The zoning plan is set forth in Chapter 185 text and map.

  “There is hereby established a Comprehensive Zoning Plan for the unincorporated area of the Town of Westfield, which plan is set forth in the text and map that constitute this chapter.”

• Zoning districtsPublished (with conditions)

  The unincorporated area inside Westfield town.

  • District boundaries are defined by the incorporated Zoning Map filed with the Town Clerk.

  “The Town of Westfield, outside any incorporated area therein, is hereby divided into the following Zoning Districts:”

• Building heightDistrict specific (with conditions)

  Buildings in the unincorporated area inside Westfield town.

  • Specific height limits depend on the zoning district; no numerical district schedule was extracted.

  “the Town Board of the Town of Westfield [...] does hereby enact the following ordinance, regulating and restricting by districts, the height, number of stories and size of buildings and other structures”

• Mandatory utility hookupWater and sewer (with conditions)

  New subdivisions inside Westfield town where public sanitary sewer and public water mains are reasonably accessible.

  • Sewer systems must be approved by Town and County Health officials and comply with other law.
  • Water connections must comply with Town standards, procedures, and supervision.
  • The cited requirements are for subdivision development, not a general finding for every individual new home.

  “Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for connection with such sanitary sewer [...] Where a public water main is reasonably accessible, the subdivider shall connect to such water main and provide a water connection for each lot in accordance with Town standards, procedures and supervision.”

• Agricultural exemptionConditional

  Farms and farm structures in the unincorporated area inside Westfield town, as to the quoted Chapter 185 conformity provision.

  • This finding concerns the stated Chapter 185 zoning-conformity exception and does not establish an exemption from building, health, septic, or other rules.

  “Except for farms and farm structures, no building or other structure or land shall hereafter be used or occupied, and no building or structure, or parts thereof, shall be erected, relocated, extended, enlarged or altered, except in conformity with the regulations specified herein for the district in which it is located.”

• Subdividing landRegulated (with conditions)

  Proposed subdivisions inside Westfield town.

  • Written approval application is required before a sale contract or offer and before a building permit may be granted in the proposed subdivision.
  • Sketch-plan submission is required at least 10 days before the regular Planning Board meeting.
  • Water and sewer proposals require Chautauqua County Department of Health endorsement and approval before official final-plat submission.

  “Whenever any subdivision of land is proposed to be made [...] the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the procedures set forth in this chapter.”

• Building in a floodplainLimited

  Subdivision land inside Westfield town that is subject to inundation or flood hazard.

  • The affected portion must be shown on the preliminary plat and floodways distinguished from floodplain areas.
  • Floodways and land deemed uninhabitable may not be platted for residential occupancy or uses increasing hazard.
  • Periodic-minor-flooding areas may be developed only if structures are adequately floodproofed under Chapter 96.

  “Floodways, as defined by the United States Army Corps of Engineers, and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Floodplain areas subject to periodic minor flooding may be developed, provided that structures are adequately floodproofed as provided in Chapter 96, Flood Damage Prevention.”

• Permit feesPublished (with conditions)

  Building permits issued by Westfield town.

  • Commercial construction fees are based on construction cost.
  • The local code also requires payment of the applicable fee when submitting a building-permit, amended-permit, or renewal application.

  residential permit fee: per 0.1 USD per square foot (Minimum charge applies to smaller projects.) · minimum residential permit fee: 35 USD (Smaller projects.)

  “Residential construction permits are calculated by multiplying the sq. ft. of the entire project by $.10. A minimum charge of $35.00 will be assessed for smaller projects. All commercial construction fees are based on the cost of construction.”

• Permit processPublished (with conditions)

  Building-permit applications inside Westfield town.

  • Construction documents must meet § 92-4D(5) before acceptance.
  • The officer issues a permit if proposed work complies with the Uniform Code and Energy Code.
  • Work cannot begin until the permit is issued.
  • Permits become invalid if work does not start within six months and expire 12 months after issuance; renewal requires application, applicable fee, and officer approval.

  permit commencement deadline: <= 6 months (After issuance.) · permit expiration: 12 months (After issuance.)

  “Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance.”

Rules another office applies inside Town of Westfield

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

• Manufactured homesLimited

  Double-wide manufactured homes in the Residential-Agricultural R-A District inside Westfield town.

  • Must meet all manufacturing standards, zoning setback and area requirements, and other applicable Chapter 185 provisions applying to one-family detached dwellings.
  • Outside a mobile-home park, the home must be at least 750 square feet.
  • Must be on a properly secured poured-concrete-wall or concrete-block-wall foundation and footer as required by the State Uniform Code.
  • Code Enforcement Officer inspection is required before assembly on the lot.

  minimum double-wide home area outside mobile-home park: >= 750 square feet (Applies when located outside a mobile home park.)

  “In the zoning district designated as Residential-Agricultural R-A, double-wide manufactured homes may be allowed when they meet all manufacturing standards and all zoning setback and area requirements and other applicable provisions of Chapter 185, Zoning, that apply to one-family detached dwellings and in addition meet the following standards:”

  One more reviewed finding on this topic

  • Prohibited — Double-wide manufactured homes in R-12, Residential-Lakeside, Commercial-Manufacturing C, and Manufacturing M districts inside Westfield town.

    “In the zoning districts designated as R-12, Lakeside Residential, Commercial-Manufacturing C and Manufacturing M, no person shall be permitted to place, locate or relocate a double-wide manufactured home.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Westfield town.
• Minimum dwelling size — Principal dwellings inside Westfield town.
• Minimum lot size — Residential lots inside Westfield town.
• Setbacks — Structures inside Westfield town.
• Lot coverage — Lots inside Westfield 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.

Off-grid gear

Going off-grid in Town of Westfield means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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