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

Town of Burke’s own rules

• Building permitRequired

  Work inside the Town of Burke that must conform to the Uniform Code or Energy Code.

  • Includes construction, enlargement, alteration, improvement, removal, relocation, demolition, and installation of a solid-fuel-burning heating appliance, chimney, or flue in a dwelling unit.
  • The Town page lists exemptions for specified small sheds, playground equipment, certain above-ground pools, certain retaining walls, and finish work.

  “A Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside the Town of Burke.

  • The official Town site publishes a Zoning Law download, but the PDF was too large for retrieval of district names and boundaries in this research.

  “For the purpose of this law, the Town of Burke is hereby divided into the following zones: R Residential AG Agricultural M Mixed use (Residential, CommerciallIndustrial and Agricultural) R/R RurallResidential”

• Minimum lot sizeSpecified

  Lots in new subdivisions within the Town of Burke outside the incorporated Village of Burke.

  • Each lot must also have at least 150 feet of frontage directly abutting a public or private road, though easements may be considered access.
  • The rule requires a buildable area free from stated physical restrictions and no foreseeable difficulty providing an adequate septic leach field or drywell system.

  minimum lot area: >= 40000 square feet (Applies to each lot in a subdivision under the Town's subdivision law.)

  “Buildable Area. Each lot shall consist of an area of at least forty thousand (40,000) square feet. There shall be no foreseeable difficulties in providing an adequate septic leach field or drywell system as required by building codes.”

• Mandatory utility hookupConditional

  New subdivisions in the Town of Burke outside the incorporated Village of Burke.

  • The Town Board may require a public water system if it finds one feasible and desirable.
  • The Town Board may require a sanitary sewer system if it finds one feasible and desirable; it must be installed at the subdivider's expense and conform to plans approved by NYSDEC.
  • The subdivision law allows the Town Board to waive improvements under stated circumstances.

  “If, in the opinion of the Town Board, it is feasible and desirable to require a public water supply system, such system shall be installed at the expense of the subdivider to the approval of the Town Board.”

• Subdividing landRegulated (with conditions)

  Subdivisions in the Town of Burke outside the incorporated Village of Burke.

  • A subdivision includes a division into three or more lots in a consecutive three-year period, or two or more parcels when new public improvements are required.
  • Major-subdivision review includes plat application, Town Board review, public hearing, and Town Board action.
  • Subdivision-review and inspection fees are set by Town Board resolution.

  “Pursuant to the authority granted to the Town in Articles 2 and 3 of the Municipal Home Rule Law and Article 16 of the Town Law, the Town Board of the Town of Burke is authorized and empowered to approve plats within that part of the Town of Burke outside the limits of the incorporated Village of Burke, New York.”

• Driveway accessRequired

  New entries, including driveways, onto county or State highways from subdivisions in the Town of Burke outside the incorporated Village of Burke.

  • The required permit is from the County Highway Superintendent or State Department of Transportation, depending on the highway.
  • Subdivision layout must make a safe driveway possible; driveway grade at its road intersection may not exceed 12 percent and adequate sight distance is required.

  maximum driveway slope at road intersection: <= 12 percent (Subdivision lot-layout standard.)

  “A permit from the County Highway Superintendent or the State Department of Transportation is required for any new entries (including driveways) onto county or state highways.”

• Permit processPublished (with conditions)

  Building-permit work inside the Town of Burke.

  • An applicant must obtain the permit from the Code Enforcement Officer before commencing work that requires a permit.
  • The Town publishes a Building Permit Application download.

  “No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer (Code Officer).”

Rules another office applies inside Town of Burke

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

• InspectionsRequired

  Construction work inside Burke that is subject to New York's Uniform Code enforcement program.

  • Inspections are required for specified construction-process elements; permit holders must keep work accessible and exposed until inspected and accepted by the municipality.
  • The State rule does not require regular periodic inspections of owner-occupied one- and two-family dwellings or agricultural buildings used directly and solely for agricultural purposes, subject to stated health-and-safety exceptions.

  “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

  Work inside Burke for which a building permit was required, and changes in general occupancy classification.

  • A certificate of occupancy or compliance is required for all work for which a building permit was required and whenever the 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.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside the Town of Burke.
• Minimum dwelling size — Dwellings inside the Town of Burke.
• Setbacks — Structures inside the Town of Burke.
• Lot coverage — Lots inside the Town of Burke.
• Building height — Structures inside the Town of Burke.

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.