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

Town of Orchard Park’s own rules

• Local zoningPresent (with conditions)

  Land and buildings inside Orchard Park town limits, under the Town's own Chapter 144 Zoning ordinance

  • Zoning is administered under Article IX (general procedures, zoning officer, zoning board of appeals; sections 144-63 to 144-65), which the eCode360 index lists but which was not opened.
  • Uses are allowed only as the district schedules and supplementary sections permit.

  “chapter 144 zoning [history: adopted by the town board of the town of orchard park 5-15-1985. amendments noted where applicable.]”

• Zoning districtsPublished

  Zoning districts established for land inside Orchard Park town limits

  • The zoning map referenced in section 144-7 and the district schedules in Attachments 1 to 17 are listed on the index but were not opened.

  “For the purposes of promoting the public health, safety, morals and general welfare of the Town of Orchard Park, the town is hereby divided into the following types of districts:”

• Minimum lot sizeSpecified

  Conservation management overlay (CMO) floating-zone development inside the R-1 residential district of Orchard Park town only; not the base R-1 schedule

  • The CMO district is permitted only within the R-1 residential district.
  • Minimum lot width under the CMO is no less than 60 feet.
  • Lots are reduced only after the overlay goals are met, and any area not designated as residential, roads or public purposes must be restricted as common open space.
  • Overlay requires a homeowners' association approved by the New York State Department of Law.

  minimum lot area (CMO): >= 8500 sq ft (may be reduced to no less than this amount only after overlay goals are achieved)

  “Minimum lot area. Having achieved all goals of the Conservation Management Overlay District, the minimum lot size may be reduced to no less than 8,500 square feet, provided that any and all such area that is not designated to serve as residential areas, roads, or other public purposes be set aside and restricted on the subdivision plat for use by inhabitants as common open space, parkland, or recreational purposes of an active or passive nature.”

• SetbacksSpecified

  Conservation management overlay (CMO) developments inside the R-1 residential district of Orchard Park town only; not the base R-1 schedule

  • Buffer strip of at least 40 feet between the subject property and adjacent properties or roads, owned by the homeowners' association; no buildings within 60 feet of any exterior lot line.
  • Front setback is measured from the right-of-way.

  front setback, interior public streets (CMO): 30 ft · rear setback (CMO): >= 30 ft · side setback (CMO): >= 5 ft (total side lot setback at least 20 ft per lot)

  “Minimum side setback. The side setback may vary depending on the design and arrangement of the building, drives and common open space. However, there shall be a minimum setback distance of five feet from any property line, and the total side lot setback shall be a minimum of 20 feet for each lot.”

• Lot coverageSpecified

  Conservation management overlay (CMO) developments inside the R-1 residential district of Orchard Park town only; not the base R-1 schedule

  • Applies only to CMO overlay development; base R-1 lot coverage was not located.

  maximum lot coverage (CMO): <= 42 %

  “Maximum lot coverage. The maximum lot coverage shall be 42%.”

• Building heightSpecified

  Conservation management overlay (CMO) developments inside the R-1 residential district of Orchard Park town only; not the base R-1 schedule

  • Height is measured in accordance with the R-1 residential district rules that the CMO text cross-references; the base R-1 schedule was not located.
  • Maximum unattached accessory structure height under the CMO is 18 feet.

  maximum structure height (CMO): <= 35 ft (and not more than two stories) · maximum unattached accessory height (CMO): <= 18 ft

  “Maximum structure height. The maximum structure height shall not exceed two stories or 35 feet and shall be in accordance with the R-1 Residential District within the Town of Orchard Park. The maximum unattached accessory height shall not exceed 18 feet.”

• Mandatory utility hookupSewer (with conditions)

  Houses, buildings and properties inside the Town of Orchard Park sewer district that are accessible to a public sanitary or combined sewer of that district

  • Connection is required only where the property is situated within the town district and is accessible to a district sewer; the district boundary map was not opened.
  • Owner must file an application to connect on forms provided by the Town Board (section 112-4), and no connection may be made until the application and building sewer are approved by the Town Engineer (section 112-5).
  • Owner must give the Town Engineering Department and the county district at least 48 hours' notice before the inspection (section 112-5).
  • Connection charge set in chapter 144, attachment 1 schedule of zoning fees plus an additional county charge (section 112-6); an annual readiness-to-serve charge also applies (section 112-9).
  • Where a private disposal system was installed pending completion of public sewers, the connection charge may be modified by the Town Board and county board of supervisors (section 112-7).
  • Connection is not required under section 112-3 for properties outside the town district or not accessible to a district sewer.

  connection deadline after official notice: 90 days

  “The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Town district and accessible to a public sanitary or combined sewer of the district, are hereby required at their expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer”

Still unanswered

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

• Building permit — New single-family home construction inside Orchard Park town
• Owner-builder exemption — Owner-builder construction of a home inside Orchard Park town
• Building code adopted — Building code used for construction inside Orchard Park town
• Inspections — Inspections of new home construction inside Orchard Park town
• Certificate of occupancy — Certificate of occupancy for a new home inside Orchard Park 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.

Off-grid gear

Going off-grid in Town of Orchard Park means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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