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

Town of Bergen’s own rules

• Building permitRequired

  Work inside Bergen that must conform to the Uniform Code and/or Energy Code.

  • Exemptions include certain detached sheds, playhouses, or similar structures of no more than 144 square feet and the other categories in § 256-4B.
  • Work may not commence until a permit is issued.

  exempt detached structure gross floor area: <= 144 square feet (Tool/storage sheds, playhouses, or similar uses associated with specified dwellings.)

  “Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code”

• Building code adoptedAdopted (with conditions)

  Buildings, structures, and premises inside the Town of Bergen.

  • Except as otherwise provided in the Uniform Code, other state law, or Chapter 256.

  “This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Bergen.”

• InspectionsRequired

  Permitted construction inside Bergen where listed inspection elements are applicable.

  • Work must remain accessible and exposed until inspected and accepted.
  • The permit holder must notify the Code Enforcement Officer when an inspection element is ready.

  “Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer.”

• Certificate of occupancyRequired

  Work subject to a Bergen building permit and structures converted to a different use or occupancy classification.

  • The Code Enforcement Officer or authorized inspector must inspect before issuance.
  • A temporary certificate may be issued only upon the safety and egress findings in § 256-7D, for no more than six months.

  maximum temporary certificate period: <= 6 months (Period is determined and specified by the Code Enforcement Officer.)

  “A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit”

• Local zoningPresent (with conditions)

  Land inside the Town of Bergen, Genesee County, New York.

  • Requirements depend on the parcel's zoning district and Zoning Schedule A.

  “The Town is divided into 9 zoning districts, delineated on the official Zoning map.”

• Zoning districtsPublished (with conditions)

  Land inside Bergen.

  • The zoning map is made part of Chapter 475 and is on file in the Town Clerk's office.

  “The following zoning districts and overlay zones are hereby established: Residential R-20 Residential R-30 Residential-Agricultural RA-40 Interchange INT Industrial I Industrial-Processing I-P Planned Unit Development PUD Land Conservation LC Mobile Home Overlay MHO Floodplain Overlay FPO”

• Minimum dwelling sizeSpecified

  One-family dwellings inside Bergen subject to Chapter 475.

  • Two-family dwellings require at least 750 square feet per unit; multiple-family dwellings require at least 600 square feet per unit.

  one-family dwelling habitable floor area: >= 950 square feet

  “One-family dwellings shall have a habitable floor area of at least 950 square feet.”

• Minimum lot sizeDistrict specific (with conditions)

  Residential R-20, R-30, and Residential-Agricultural RA-40 districts inside Bergen.

  • Existing lots of record are subject to the separate lot-of-record provision in § 475-29.

  R-20 minimum lot area: >= 20000 square feet · R-30 minimum lot area: >= 30000 square feet · RA-40 minimum lot size: >= 40000 square feet (Residential uses in the RA-40 district.)

  “The R-20 District is designed to accommodate residential uses on lots with a minimum area of 20,000 square feet. [...] The R-30 District is designed to accommodate residential uses on lots with a minimum area of 30,000 square feet. [...] residential uses are permitted on lots with minimum size of 40,000 square feet.”

• SetbacksSpecified

  Single-family dwellings on existing undeveloped lots of record qualifying under § 475-29 inside Bergen.

  • The lot must have at least 100 feet of width and 20,000 square feet of area and have been recorded with the County Clerk at the effective date of adoption or amendment.
  • Other requirements for the district remain applicable.

  front yard: >= 40 feet (Existing-lot-of-record single-family dwelling provision.) · side yard: >= 15 feet (Existing-lot-of-record single-family dwelling provision.) · rear yard: >= 40 feet (Existing-lot-of-record single-family dwelling provision.)

  “The single-family dwelling minimum yard requirements for existing lots of record shall be as follows: A. Front: 40 feet. B. Side: 15 feet. C. Rear: 40 feet.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Bergen.

  • The code provides distinct procedures for applications, sketch plans, minor subdivisions or bulk land transfers, preliminary plats, final plats, and filing of approved plats.

  “Article III Subdivision Application Procedure § 437-5 Application required. § 437-6 Sketch plan. § 437-7 Approval of minor subdivision or bulk land transfers.”

• Building in a floodplainRequired

  Construction or other development in Bergen's areas of special flood hazard.

  • Application is made to the local administrator.
  • Plans may be required and must show specified site and development information.
  • The code requires other necessary federal, state, or local approvals before permit approval.

  “A development permit shall be obtained before the start of construction or any other development within the areas of special flood hazard as established in § 275-6.”

• Permit feesVariable (with conditions)

  Bergen construction-code permits, certificates, inspections, and related code-enforcement actions.

  • The schedule is established and may be amended by Town Board resolution.
  • The opened code does not state the current dollar amounts.

  “A fee schedule shall be established by resolution of the Town Board of the Town of Bergen. Such fee schedule may thereafter be amended from time to time by like resolution.”

• Permit processPublished (with conditions)

  Building-permit applications inside Bergen.

  • Application must be written, on an acceptable form, and signed by the owner or authorized agent.
  • The application must contain information sufficient for the Code Enforcement Officer to determine compliance.
  • Work cannot commence until a permit issues.

  “Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.”

Rules another office applies inside Town of Bergen

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

• Who permits septicLocal (with conditions)

  Onsite wastewater treatment systems inside Bergen, within Genesee County.

  • The Genesee County and Orleans County Sanitary Code is enforced throughout Genesee County.
  • The Health Department administers the onsite-system permit and approval requirements.

  “The provisions of the Public Health Code shall be enforced throughout the Genesee County and/or the Orleans County.”

• Septic permitRequired

  Onsite sewage disposal or wastewater treatment systems serving occupied or habitable structures inside Bergen.

  • No permit is needed where there is no onsite water supply, internal plumbing system, or sewage drain piping.
  • Site investigation, percolation, and deep-hole tests are required before a construction permit issues.
  • No construction may begin before the permit issues.

  “This Part requires the owner of any property whereon structures are located which are equipped for human occupation or habitation (either permanent or seasonal use), and sewage or wastewater is generated, to obtain permits from the Health Department”

• Septic inspectionRequired

  Completed onsite sewage disposal or wastewater treatment systems constructed inside Bergen.

  • Inspection is before backfill or at construction stages specified in the construction permit.
  • The Health Department must receive at least three working days' advance notice.

  inspection notice: >= 3 working days (To arrange inspection of system construction or any part of it.)

  “The Health Department must be notified at least 3 working days in advance to arrange for an inspection”

• Off-grid sanitationLimited

  Privies, cesspools, and separate sewage-disposal systems inside Bergen.

  • Restriction applies where public sanitary sewer is available and accessible in the Commissioner's opinion.
  • A temporary privy for construction purposes is excepted.

  “no person shall construct on any premises any privy vault, cesspool or separate system for the disposal of sewage, except a temporary privy for construction purposes.”

• Well permitRequired

  New, replacement, or repaired individual water wells inside Bergen.

  • Permits are required as outlined in 10 NYCRR Subpart 5-2.
  • The owner must first apply to the Commissioner on supplied forms.

  “All owners who intend to construct new or replace/ repair individual water wells must first make application for a permit”

• Mandatory utility hookupConditional

  Properties inside Bergen where, in the Commissioner's opinion, public sanitary sewer is available and accessible.

  • The Commissioner may order abandonment of another disposal method and connection to the sanitary sewer.
  • The source does not establish a general public-water connection rule.

  “the Commissioner may issue an order to the owner of any property whereon any other method of sewage disposal is located, requiring such owner to abandon the use of such other method of sewage disposal and to connect with such sanitary sewer system.”

Still unanswered

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

• Owner-builder exemption — Owner-performed residential construction inside Bergen.
• Lot coverage — Land inside Bergen.
• Building height — Land inside Bergen.
• Living in an RV — Long-term RV occupancy on private land inside Bergen.
• Camping on your land — Temporary camping on private land inside Bergen.

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.