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

Town of Smithville’s own rules

• Agricultural exemptionConditional

  County-administered building-permit processing for projects inside Smithville.

  • The exception is limited to buildings used solely for agriculture and defines the relevant agricultural user as a farmer engaged in farming.
  • Smithville requires its Code Enforcement Officer to sign building/demolition applications before they are taken to Chenango County.

  “Permit Exceptions: Buildings being used solely for the purpose of agriculture.”

• Building in a floodplainRequired

  Construction and other development in mapped areas of special flood hazard within Smithville.

  • The permit requirement applies to areas of special flood hazard shown on the Flood Insurance Rate Map enumerated in §3.2.
  • The local law identifies FEMA map panels effective November 26, 2010 and subsequent revisions that do not affect areas under the Town's jurisdiction.

  “It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplain development permit.”

• Permit feesPublished (with conditions)

  Building and demolition permit applications for projects inside Smithville that are taken to Chenango County.

  • The Town requires a $50 Code Enforcement Officer signature fee before an application is taken to Chenango County.
  • County new single- and two-family-construction fees range by size, and the County schedule states a double fee for projects started without permits.

  Town Code Enforcement Officer signature fee: 50 USD (Building/demolition applications before submission to Chenango County) · Chenango County new single- and two-family dwelling fee: 200-500 USD (Up to 1,500 square feet through 3,001 square feet and larger)

  “A. Up to 1,500 square feet……………………………………….$200.00 [...] E. 3,001 square feet and larger…………………………………..$500.00”

Rules another office applies inside Town of Smithville

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

• Building permitRequired

  Work inside Smithville that is required to conform to the New York Uniform Code.

  • Certain exceptions are permitted under the State code-enforcement framework.
  • Smithville's official page directs signed building/demolition applications to Chenango County.

  “Building permits must be required for any work which is required to conform to the Uniform Code. Certain exceptions are permitted.”

• Building code adoptedAdopted (with conditions)

  Building construction inside the Town of Smithville, which is outside New York City.

  • The State Uniform Code is automatically effective; the official State source says towns administer and enforce it unless they validly opt out, in which case responsibility passes to the county.

  “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

  Specified elements of construction work within Smithville that is subject to the State Uniform Code.

  • Permit holders must keep work accessible and exposed until it is inspected and accepted by the municipality.

  “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.”

• Certificate of occupancyRequired

  Work within Smithville for which a building permit was required, and changes in general occupancy classification.

  • A certificate of occupancy or certificate of compliance is the required document; the condition includes a general occupancy-classification change.

  “A certificate of occupancy or a certificate of compliance must be required (1) for all work for which a building permit was required and (2) whenever the general occupancy classification of a building is changed.”

Still unanswered

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

• Owner-builder exemption — Owner-built residences inside Smithville.
• Local zoning — Land inside the Town of Smithville, Chenango County, New York.
• Zoning districts — Land inside Smithville.
• Minimum dwelling size — Dwellings inside Smithville.
• Minimum lot size — Lots inside Smithville.

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.