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

Town of Roxbury’s own rules

• Local zoningAbsent

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

  • The Town has subdivision regulations; some projects may require site plan review.
  • Deed restrictions may apply and are civil matters.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Minimum dwelling sizeNone

  Dwellings inside Roxbury, as a zoning dimensional-control matter.

  • This does not displace applicable State building-code requirements or deed restrictions.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Minimum lot sizeNone

  Lots inside Roxbury, as a zoning dimensional-control matter.

  • Subdivision design and approval requirements still apply when land is subdivided.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• SetbacksNone

  Structures inside Roxbury, as a zoning dimensional-control matter.

  • This does not displace deed restrictions, State building-code requirements, or subdivision controls.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Lot coverageNone

  Lots inside Roxbury, as a zoning dimensional-control matter.

  • Subdivision design and approval requirements still apply when land is subdivided.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Building heightNone

  Buildings inside Roxbury, as a zoning dimensional-control matter.

  • This does not displace State building-code requirements, deed restrictions, or subdivision controls.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Living in an RVUnrestricted

  RV occupancy on private land inside Roxbury, as a zoning-land-use matter.

  • This finding addresses zoning only; septic, building-code, deed, subdivision, and other applicable rules remain.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Camping on your landUnrestricted

  Temporary camping on private land inside Roxbury, as a zoning-land-use matter.

  • This finding addresses zoning only; septic, building-code, deed, subdivision, and other applicable rules remain.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Tiny homesUnrestricted

  Tiny-home occupancy inside Roxbury, as a zoning-land-use matter.

  • This finding addresses zoning only; State building-code, septic, deed, subdivision, and other applicable rules remain.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Manufactured homesUnrestricted

  Manufactured-home occupancy inside Roxbury, as a zoning-land-use matter.

  • This finding addresses zoning only; State building-code, septic, deed, subdivision, and other applicable rules remain.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Accessory dwellingsUnrestricted

  Accessory dwellings inside Roxbury, as a zoning-land-use matter.

  • This finding addresses zoning only; State building-code, septic, deed, subdivision, and other applicable rules remain.

  “Although the Town of Roxbury does not have zoning laws, it does have subdivision regulations and recommendations for historic preservation projects. Some projects may require site plan review.”

• Who permits septicMixed (with conditions)

  New septic-system projects and related building approvals inside Roxbury.

  • NYC DEP approval is required before subdivision or construction because Roxbury is in the New York City Watershed.
  • The Town will not issue a building permit without DEP septic application approval.

  “Because of our location in the New York City Watershed, the Department of Environmental Protection (DEP) requires septic approval prior to subdivision or construction. A building permit will not be issued without DEP septic application approval.”

• Subdividing landRegulated (with conditions)

  Land within the unincorporated portion of the Town of Roxbury.

  • Planning Board approval is required.
  • The approved plat must be filed with the Delaware County Clerk.
  • Construction, excavation, filling, regrading, clearing vegetation, or similar activities cannot begin in a proposed or intended subdivision before Planning Board approval or conditional approval.

  “Land within the unincorporated portion of the Town of Roxbury may be subdivided into lots, blocks, or sites, with or without streets or highways, only if approved by the Planning Board in accordance with the procedures and requirements as set forth in these Regulations, and only if the approved plat is duly filed in the office of the County Clerk of Delaware County, New York. Construction, excavation, filling, regrading, clearing of vegetation or other similar activities shall not begin within any area proposed or intended for subdivision until said subdivision shall have been approved, or conditionally approved, by the Planning Board.”

• Permit processPartial

  Town building permits and closeout certificates inside Roxbury.

  • Online portal accepts permit applications and document uploads.
  • Applications must be accompanied by cash or check for a permit or closeout certificate to issue; electronic payments are not accepted.
  • Applications with proper payment are accepted by the Town Clerk.

  “Visit the Building Permit Portal to apply for permits online, including uploading documents. [...] All applications must be accompanied by cash or check in order for a permit or closeout certificate to be issued. Electronic payments can not be accepted.”

Rules another office applies inside Town of Roxbury

Town of Roxbury 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 Roxbury that is required to conform to the New York Uniform Code.

  • Certain exceptions are permitted under the state's minimum standards.

  “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 Roxbury, which is outside New York City.

  • The Uniform Code is automatically effective; a local government may impose a higher or more restrictive standard only through the state approval process.

  “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. An individual city, town, or village cannot choose to exclude itself from all or any part of the Uniform Code.”

• InspectionsRequired

  Uniform-Code construction work inside Roxbury for which the state requires construction inspections.

  • Inspections apply to specified elements of the construction process.
  • Permit holders must keep work accessible and exposed until inspected and accepted by the municipality.

  “Construction Inspections. 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

  Buildings inside Roxbury where a building permit was required, and buildings whose general occupancy classification changes.

  • Required for all work for which a building permit was required.
  • Required whenever a building's general occupancy classification changes.

  “Certificates of Occupancy or Compliance. 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.”

• Septic permitRequired

  Subdivision or construction inside the Town of Roxbury, New York City Watershed.

  • For new house construction, the building-permit application must include NYC DEP septic-plan approval.
  • For an addition including bedrooms, written DEP approval of use of the existing system must be included.

  “As indicated on the building permit application, applications for new house construction must include NYC DEP septic plan approval. If applying for an addition that will include a bedroom(s), written approval from DEP must be included approving use of the existing system.”

Still unanswered

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

• Owner-builder exemption — Owner-builder work inside Roxbury.
• Septic inspection — Septic systems inside Roxbury.
• Well permit — Private wells inside Roxbury.
• Mandatory utility hookup — New homes inside Roxbury.
• Agricultural exemption — Agricultural construction and land use inside Roxbury.

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.