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

Town of Franklin’s own rules

• Building permitRequired

  Uses, structures, and land development inside Franklin town subject to the zoning law.

  • Article IX does not apply to farm buildings or uses as defined in Article II.
  • A permit is not required for normal maintenance and repair, painting, interior decoration, landscaping, or a utility shed or animal shelter of 100 square feet or less.
  • A proposed building or land use requiring environmental assessment cannot receive a building permit until authorized by the appropriate lead agency.

  small-structure permit exception: <= 100 square feet (Utility shed or animal shelter; also subject to the stated maintenance and repair exceptions.) · permit term: 12 months (Void unless substantial progress is made; renewable for an additional 12 months upon application, with further extensions subject to Zoning Board of Appeals approval.)

  “No use or structure shall be established, erected nor land developed until a permit has been issued by the Code Enforcement Officer who shall issue such permits in accordance with requirements of this Ordinance.”

• Certificate of occupancyLimited

  Land occupation, use, and post-construction use inside Franklin town under the zoning law.

  • A Certificate of Compliance must be applied for with the building-permit application.
  • The Code Enforcement Officer cannot issue a Certificate of Occupancy until issuing a Certificate of Compliance.
  • A temporary Certificate of Occupancy may be authorized by the Zoning Board of Appeals before completion; it may require a letter of credit or equivalent security.

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

  “The Code Enforcement Officer shall not issue a Certificate of Occupancy unless and until they have issued the Certificate of Compliance.”

• Local zoningPresent (with conditions)

  Land inside the Town of Franklin, Delaware County, New York.

  • The zoning law includes its text and zoning map.

  “This Ordinance shall be known and cited as the "Town of Franklin, New York, Zoning Law" and shall include this text and zoning map.”

• Zoning districtsPublished (with conditions)

  All land inside Franklin town.

  • District boundaries are shown on the adopted zoning map and its amendments.
  • The latest map amendments must be kept up to date and filed in the Town Clerk's office.

  “All land within the Town of Franklin shall fall within one or more of the zoning districts.”

• Minimum dwelling sizeSpecified

  One-family and two-family dwellings inside Franklin town.

  • The provision applies to one-family and two-family dwellings.

  minimum habitable floor area: >= 800 square feet

  “One-family and two-family dwellings shall have a habitable floor area of at least eight hundred (800) square feet.”

• Camping on your landLimited

  Vacation campground camping inside Franklin town.

  • Vacation campgrounds are a special-permit use.
  • The defined overnight and short-duration vacation camping season is March 1 through November 15.
  • No permanent year-round living quarters are permitted on the site other than designated campsites.

  “Vacation campgrounds are a special permit use consisting of a tract of land designed exclusively for overnight and short-duration vacation camping (March 1 – November 15), providing lodging accommodations, facilities for tents, campers, recreational vehicles, recreation activities, administration, public health and safety.”

• Off-grid sanitationLimited

  Vacation campgrounds inside Franklin town.

  • A campground must provide a public or private sanitary sewage disposal system subject to NYSDOH codes.
  • The campground sewage-treatment design must be approved by the Town and NYS Department of Health.
  • Septic tanks, distribution lines, and disposal fields must be approved by the Town and NYS Department of Health.

  RV sanitary dumping stations: per 1 station per 100 campsites or less

  “At least 1 travel trailer/camper/recreational vehicle sanitary dumping station shall be supplied for every 100 campsites or less. The location of septic tanks, distribution lines and disposal fields shall be approved by the Town and the NYS Department of Health.”

• Agricultural exemptionConditional

  Farm buildings and farm uses, as defined in Article II of the Town zoning law, inside Franklin town.

  • The exception is limited to the provisions of Article IX of the zoning law.
  • The zoning law also exempts all farms and farm uses from its cited general performance standards.

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

• Subdividing landRegulated (with conditions)

  Subdivision lots subject to the Town of Franklin Development Limitations Overlay District requirements.

  • All lots must conform to the Town of Franklin Subdivision Regulations.
  • Lot-size averaging may be used only once every 20 years per original subdivision.
  • Where the original parcel is more than 50 percent Development Limitations land, the overlay's maximum-lot provisions apply.

  undersized lots: <= 20 percent of total proposed lots

  “As part of the subdivision review process, the Planning Board shall determine the applicability of the development limitations requirements, pursuant to Section 304.”

• Driveway accessRequired

  Every building erected or moved inside Franklin town.

  • The building must be on a lot adjacent to a public road or have access to an approved private road.
  • Structures must provide safe and convenient access for servicing, fire protection, and required off-street parking.

  “Every building hereafter erected or moved shall be on a lot adjacent to a public road, or with access to an approved private road, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection,and required off-street parking.”

• Permit processPublished (with conditions)

  Applications for permits under the Town zoning law.

  • Applications must be written, signed by the owner, use forms furnished by the Code Enforcement Officer, and be filed with that officer.
  • The application must include the listed purpose, property/building description, deed restrictions, compliance agreement, other requested information, and evidence of NYC DEP sewage-disposal permit application where applicable.
  • A special permit or site-plan approval prevents permit issuance until obtained.

  Code Enforcement Officer action period: <= 20 working days (Measured from the application day; officer must issue or refuse the permit.)

  “All applications for permits shall be in writing, signed by the owner, on forms furnished by the Code Enforcement Officer and shall be filed with the Officer and briefly state:”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside Franklin town.
• Building code adopted — Building-code adoption for construction inside Franklin town.
• Inspections — Construction inside Franklin town.
• Setbacks — Principal residential buildings inside Franklin town.
• Lot coverage — Residential lots inside Franklin 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.