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

Town of Malone’s own rules

• InspectionsRequired

  A structure or area of land requiring a Town zoning permit before a certificate of occupancy may issue inside the Town of Malone.

  • The applicant must notify the Zoning Enforcement Officer when the structure is ready for final inspection.
  • The officer must be satisfied that applicable State and local regulations have been complied with and that the project was completed as specified on the approved application.

  “The applicant shall notify the Zoning Enforcement Officer when the structure is ready for final inspection.”

• Certificate of occupancyRequired

  A structure or area of land requiring a Town zoning permit inside the Town of Malone.

  • The applicant must notify the Zoning Enforcement Officer when the structure is ready for final inspection.
  • The officer must be satisfied that applicable State and local regulations have been complied with and that the project was completed as specified on the approved application.

  “No person shall occupy or use a structure or area of land requiring a Zoning Permit until Certificate of Occupancy has been issued”

• Local zoningPresent (with conditions)

  Land within the Town of Malone, Franklin County, New York.

  • The zoning law includes the official zoning map.
  • Where zoning-law requirements conflict with other lawfully adopted rules, regulations, laws, or statutes, the more restrictive or higher standard governs.

  “This Local Law may be cited as the "Town of Malone Zoning Law," and shall include this text and the official zoning map.”

• Zoning districtsPublished

  Land subject to the Town of Malone Zoning Law.

  • Use permissions vary by the zoning district and whether the Schedule A entry is a permitted use, site-plan use, or special-use permit use.

  published districts: R1; RS; C; R2; AG; SC; FR; CG1; CG2; MX

  “| R1 | RS | C, R2 | AG | SC | FR | CG1, CG2 | MX”

• Living in an RVLimited

  Recreational vehicles located outside recreational-vehicle parks inside the Town of Malone.

  • A recreational vehicle outside a recreational-vehicle park may be connected to water, sewer, or electrical utilities only for a temporary 30-day period.
  • Storage on a property is allowed only for the vehicle owner and must be in an enclosed garage or outdoors no closer to the property line than Schedule B's front, rear, and side-yard requirements.
  • No permanent structural addition may be added.

  temporary utility connection period: 30 days (Recreational vehicle not located in a recreational vehicle park.)

  “No recreational vehicle that is not located in a recreational vehicle park may be connected to water, sewer or electrical utilities except for a temporary thirty (30) day period.”

• Camping on your landLimited

  Campgrounds and recreational-vehicle parks inside the Town of Malone.

  • The minimum campground or recreational-vehicle-park lot size is five acres.
  • Occupancy is limited to listed temporary habitation units used for travel, vacation, and recreational purposes.
  • Removing wheels and placing a unit on a foundation in a camping ground is prohibited.
  • Each campground or park must comply with applicable New York State Department of Health rules and regulations.

  minimum lot size: 5 acres (Campground or recreational vehicle park.) · minimum campsite size: 2500 square feet (No more than 10 campsites per acre.)

  “Campgrounds and recreational vehicle parks shall be occupied only by travel trailers, pick-up coaches, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation”

• Manufactured homesLimited

  Individually sited mobile homes inside the Town of Malone where the zoning use chart allows the use.

  • The mobile home must comply with standards equal to or more strict than HUD Mobile Home Construction and Safety Standards, 24 CFR Part 3280 (1976).
  • The owner or applicant must provide adequate assurance of compliance.
  • The mobile home must be on an adequately supportive stand and secured with anchors or tie-downs.
  • A mobile home may not be used other than for a single-family residence, business office, or similar use determined by the Planning Board, and may not be used as a storage building.

  “No mobile home may be used for any purpose other than for a single-family residence, business office or similar use as determined by the Planning Board.”

• Subdividing landRegulated (with conditions)

  Residential cluster developments consisting of dwelling units on individual lots inside the Town of Malone.

  • The development must receive approval as a Special Use under the zoning code in addition to subdivision approval under Chapter 59, Realty Subdivisions, of the Town Code.
  • The cluster-development standards in Section 732 also apply.

  cluster development threshold: >= 5 dwellings or principal structures (On a single lot, or a subdivision of five or more lots in single ownership or ownership by a group acting in concert.)

  “If the development consists of dwelling units on individual lots, such development shall require review and approval as a subdivision pursuant to Chapter 59, Realty Subdivisions”

• Permit feesVariable (with conditions)

  Town zoning-permit applications inside the Town of Malone.

  • The appropriate fee established by the Town Board in its fee structure is collected at application.
  • The zoning-law text states that application fees are established by Town Board resolution.

  “Application fees shall be established by resolution of the Town Board.”

• Permit processPublished (with conditions)

  Town zoning-permit applications inside the Town of Malone.

  • Completed forms must include further information, plans, or specifications required by the forms and relevant boards.
  • A property map, tax map, evidence of ownership or purchase agreement or option, required licenses, and applicable environmental or waterfront assessment forms are required.
  • The applicable Town Board fee is collected at application.
  • Uses needing site-plan approval, a special-use permit, or a variance need that approval before a zoning permit issues.

  property-map copies: 3 copies (All applications.)

  “Three (3) copies of a property map, drawn to scale, shall be submitted with all applications.”

Rules another office applies inside Town of Malone

Town of Malone 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

  Single-family dwellings, mobile homes, and two-family dwellings in the R1 district inside the Town of Malone.

  • The applicable minimum depends on whether the parcel abuts a state highway, another through road, or a minor residential street.
  • A minor residential street has the meaning supplied in Schedule B note (a).

  minimum lot size abutting state highway: 1 acre (R1 district.) · minimum lot size abutting other through road: 30000 square feet (R1 district.) · minimum lot size along minor residential street: 30000 square feet (R1 district.)

  “Minimum lot size Abutting a state highway Abutting other through road Along minor residential street (a) | 1 acre 30,000 sf 30,000 sf”

• SetbacksSpecified

  Single-family dwellings, mobile homes, and two-family dwellings in the R1 district inside the Town of Malone.

  • Road setbacks are measured from the road centerline.
  • The road setback varies by road category.
  • Lake Titus shoreline exceptions are separately stated in Schedule B.

  state highway building setback: 85 feet (R1 district.) · other through road building setback: 75 feet (R1 district.) · minor residential street building setback: 60 feet (R1 district.) · principal-structure side building setback: 30 feet (R1 district.) · principal-structure rear yard: 30 feet (R1 district.)

  “Minimum building setback from: (b) State highway Other through road Minor residential street (a) | 85 ft 75 ft 60 ft”

Still unanswered

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

• Building permit — Residential building construction inside the Town of Malone.
• Owner-builder exemption — Owner-built residential construction inside the Town of Malone.
• Building code adopted — Building-code adoption for construction inside the Town of Malone.
• Minimum dwelling size — Single-family dwellings inside the Town of Malone.
• Lot coverage — Land inside the Town of Malone.

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.