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

Town of Delhi’s own rules

• Certificate of occupancyRequired

  Land use and buildings erected, altered, extended, used, or changed in use inside the Town of Delhi.

  • Certificates must be applied for with the building-permit application.
  • A temporary certificate may be authorized before all application details are complete; the Planning Board may require a letter of credit or equal security.
  • A nonconforming use also requires a certificate before it may be maintained, renewed, changed, or extended.

  issuance period after approval: <= 10 days (After erection or alteration has been approved as complying with the ordinance.)

  “No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use”

• Zoning districtsPublished (with conditions)

  Zoning districts inside the Town of Delhi.

  • District boundaries are on the duly adopted zoning map; the map and overlays are filed in the Town Clerk's Office.

  districts: Residential (R); Rural I (R-1); Rural III-V (R-3/5); Development Limitations Overlay (DL)

  “Delhi, the town is hereby divided into the following districts:”

• Who permits septicMixed (with conditions)

  On-site sewage disposal associated with zoning-permit applications inside the Town of Delhi.

  • The zoning-permit application requires evidence that a sewage-disposal application was made to the New York City Board of Water Supply.
  • The ordinance also requires parcels in the Development Limitations Overlay to meet New York State, New York City, and Town on-site sewage-disposal regulations.

  “Evidence that application for a Sewage Disposal Application from the New York City Board of Water Supply has been made.”

• Agricultural exemptionConditional

  Farm buildings and uses inside the Town of Delhi.

  • The Article IX exemption does not cover residential farm dwellings.

  “The provisions of this Article IX shall not apply to any farm building or use as defined in Article II of this Ordinance.”

• Permit feesVariable (with conditions)

  Zoning-permit applications inside the Town of Delhi.

  • Fees are paid to the Town Clerk when the application is filed.
  • The amount is governed by the Town of Delhi standard fee schedule.

  “Fees shall be in accordance with the Town of Delhi standard fee schedule.”

• Permit processPublished (with conditions)

  Zoning-permit applications inside the Town of Delhi.

  • Applications must be in writing, signed by the owner, on forms furnished by the Code Enforcement Officer, and filed with that officer.
  • The application must include the listed project, property, restriction, compliance, requested-information, and sewage-disposal items.
  • The Code Enforcement Officer must act within 20 working days.
  • Nonresidential and nonfarm applicants are encouraged to hold a preapplication conference with the Planning Board.

  CEO action period: <= 20 working days (Measured from application day.)

  “All applications for Zoning Permits shall be in writing, signed by the owner, on forms furnished by the Code Enforcement Officer”

Rules another office applies inside Town of Delhi

Town of Delhi 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 sizeSpecified

  Lots in the Town of Delhi Rural III-V (R-3/5) District that do not qualify for reduced dimensional requirements.

  • A larger lot may be required under § 407(H)(1).
  • Reduced requirements apply to existing lots or lots subdivided later that have direct access and frontage to a public highway.

  minimum lot size: 5 acres (Standard R-3/5 requirements; larger lot may be required.) · reduced minimum lot size: 3 acres (Existing or later-subdivided lot with direct access and frontage to a public highway.)

  “Minimum lot size: 5 acres; larger lot size may be required”

• Building in a floodplainLimited

  Construction proposed in the Town of Delhi Development Limitations Overlay Flood Hazard Area.

  • No zoning permit for construction issues until the Planning Board issues a special-use permit.
  • Plans must comply with Local Law No. 1 of 1987, Flood Damage Prevention, and federal flood-insurance regulation guidelines before special-use permit issuance or site-plan approval.
  • The ordinance separately states that further building construction is not permitted in the designated Flood Hazard Area, while parking, open space, and unobstructive uses are permitted.

  “No zoning permit for any construction in the Flood Hazards Area shall be issued until the Planning Board has issued a Special Use Permit”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside the Town of Delhi.
• Building code adopted — Building-code adoption for land inside the Town of Delhi.
• Inspections — Building inspections inside the Town of Delhi.
• Minimum dwelling size — Dwelling size inside the Town of Delhi.
• Living in an RV — Occupancy of recreational vehicles on private land inside the Town of Delhi.

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.