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

Town of Germantown’s own rules

• Building permitRequired

  Erection, construction, enlargement, alteration, replacement, demolition, or removal of a building or structure exceeding 100 square feet inside Germantown town.

  • Ordinary nonstructural repairs that do not provide a new or extended use are exempt.
  • Emergency stabilization after fire or casualty may begin without a permit, but a permit must be applied for as soon as possible and no later than one week after the fire or casualty.

  structure-area threshold: > 100 square feet (Applies to the listed building/structure work.)

  “A Building Permit shall be required for the erection, construction, enlargement, alteration, replacement, demolition, or removal of any building or structure exceeding 100 square feet.”

• InspectionsRequired

  Work authorized by a Germantown building permit.

  • Required inspection must be arranged in advance.
  • No work may proceed beyond a required inspection point until the inspection is made.

  “Work covered by the application for a Building Permit may not be started before the issuance of the permit and no work may be performed beyond the point of any required inspection until such inspection has been made.”

• Certificate of occupancyRequired

  Altered land uses and buildings occupied, used, or changed in use inside Germantown town.

  • Road access must be sufficiently completed for emergency vehicles.
  • Water-supply and sewage facilities require prior approval by the Columbia County Department of Health or Town Engineer.
  • Certificate must be applied for upon completion of construction.

  “No land use shall be altered and no building shall be occupied, used or changed in use until Certificate of Occupancy has been approved and issued by the Code Enforcement Officer stating that the building or proposed use thereof complies with the provisions of this law and all other applicable laws and regulations.”

• Local zoningPresent (with conditions)

  Land inside the Town of Germantown, Columbia County, New York.

  “The Town of Germantown is hereby divided into the following zoning districts:”

• Zoning districtsPublished (with conditions)

  Land inside Germantown town.

  • District boundaries are established on the Town of Germantown Zoning Map adopted and certified by the Town Clerk.

  “The Town of Germantown is hereby divided into the following zoning districts:”

• Building heightSpecified

  Principal and accessory buildings inside Germantown town.

  • Agricultural uses, specified religious architectural features not used for habitation, and listed roof-level appurtenances are exempt subject to the stated functional-height condition.
  • Garages have a separate 26-foot accessory-structure maximum.

  principal-building maximum height: <= 35 feet (Also limited to 2½ stories.) · accessory-structure maximum height: <= 15 feet (Garages may not exceed 26 feet.)

  “Principal buildings: Maximum height shall not exceed 35 feet or 2 ½ stories except that such height limits shall not apply to all agricultural uses, church spires, belfries, cupolas, or domes not used for human habitations, nor to chimneys, ventilators, skylights, parapet walls, cornices, solar energy systems, green roof systems or necessary mechanical appurtenances usually located on the roof level, provided that such features are limited to the height necessary for their proper functioning.”

• Manufactured homesProhibited

  New individual manufactured homes on individual lots inside Germantown town.

  • Replacement of an existing individual manufactured home is excepted where permitted under Article VI, Section L.
  • Manufactured-home parks are separately regulated.

  “The following uses are expressly prohibited: a. New installations of Individual Manufactured Homes located on individual lots outside of a Manufactured Home Park, except the replacement of existing individual manufactured homes as permitted in Article VI, Section L, Replacement of Individual Manufactured Homes.”

• Accessory dwellingsLimited

  Accessory apartments to single-family dwellings inside Germantown town.

  • One accessory apartment per single-family dwelling.
  • Must not exceed 800 square feet.
  • Lot must meet Schedule B minimum acreage unless in a major subdivision approved after the law's effective date.
  • No permit may issue without adequate septic or sewer service.

  maximum accessory-apartment size: <= 800 square feet

  “One accessory apartment per single-family dwelling not exceeding 800 square feet may be located in an accessory structure or a principal building as provided in Schedule A: Permitted Uses.”

• Agricultural exemptionConditional

  Agricultural fences and agricultural structures inside Germantown town.

  • Fence permit exemption requires proof of agricultural exemption/status at submission.
  • Agricultural-structure fee listing likewise requires proof of agricultural exemption/status and compliance with IBC.

  “Permit not needed for agricultural use (Proof of Ag Exemption/Status required at time of submission”

• Subdividing landRegulated (with conditions)

  Major and minor subdivisions of land inside Germantown town.

  • All subdivisions are subject to Article X.

  “SUBDIVISION, MAJOR OR MINOR: All subdivision of land shall be subject to the provisions of Article X.”

• Driveway accessRequired

  Driveway location for Germantown building-permit projects.

  • Town-road driveway permit application is prepared and submitted to the Code Enforcement Officer and approved by the DPW Superintendent.

  Town-road driveway permit fee: 50 USD

  “Approval for the driveway location must be obtained from the Highway Department.”

• Building in a floodplainRequired

  New construction or substantial improvements at building sites in flood-hazard locations inside Germantown town.

  • Code Enforcement Officer reviews all relevant building-permit applications for Flood Damage Prevention Law compliance.
  • Flood-hazard construction or substantial improvement must be designed/anchored against flotation, collapse, or lateral movement and use flood-resistant construction materials and utility equipment.

  “The Code Enforcement Officer shall review all building permit applications for the new construction or substantial improvements to determine whether proposed building sites meet the standards of the Town of Germantown’s Flood Damage Prevention Law (Local Law #1 of 1987) and will be reasonably safe from flooding.”

• Permit feesPublished (with conditions)

  Town building-department permits and certificates inside Germantown town.

  • Fee schedule states it is effective August 14, 2018.
  • Residential construction rate does not include certificate-of-occupancy fee.

  residential construction fee: per 0.4 USD per square foot (C/O fee not included.) · commercial construction fee: per 0.5 USD per square foot (C/O fee not included.)

  “Town of Germantown Fees Effective 8/14/2018 Building Department Fees Application/Certificate Fee Remarks Residential Construction $.40 per sq. ft. C/O fee not included Commercial Construction $.50 per sq. ft. C/O fee not included”

Rules another office applies inside Town of Germantown

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

• Minimum lot sizeDistrict specific (with conditions)

  Natural Resource and Agriculture Residential districts inside Germantown town.

  • Schedule B dimensional standards apply; existing undersized lots of record have a stated exception.

  Natural Resource minimum lot area: 10 acres · Agriculture Residential minimum lot area: 3 acres

  “Natural Resource 10 acres N/A 200 feet 100 feet/None 50/100 feet 50 feet Agriculture Residential 3 acres N/A 200 feet 75 feet/None 20/45 feet 40 feet”

• Who permits septicCounty (with conditions)

  Water and sewage disposal facilities for building-permit applicants inside Germantown town.

  • County Department of Health approval must precede issuance of a building permit.

  “Water and sewage disposal facilities must be approved by the Columbia County Department of Health. Such approval shall precede the issuance of a Building Permit.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside Germantown town.
• Minimum dwelling size — Single-family dwellings inside Germantown town.
• Living in an RV — Private-land RV occupancy inside Germantown town.
• Camping on your land — Temporary camping on private land inside Germantown town.
• Tiny homes — Tiny-home occupancy inside Germantown 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.