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

Town of Canajoharie’s own rules

• Building permitRequired

  Erection, reconstruction, restoration, structural alteration, demolition, added units or area, and preparatory site work or excavation inside the town.

  • An accessory structure may be demolished without a permit.
  • Normal maintenance does not require a building permit.
  • The permit is issued by the Code Enforcement and Zoning Officer or authorized representative.

  “In all Districts, a Building Permit issued by the Code Enforcement and Zoning Officer or his duly authorized representative shall be required to erect, reconstruct, restore, structurally alter or demolish any structure”

• InspectionsRequired

  Work conducted under a Town of Canajoharie building permit.

  • The work must conform to the New York State Uniform Fire Prevention and Building Code, Town code or ordinances, and all other applicable rules.

  “During the course of construction of any project subject to a Building Permit under this local law, the Code Enforcement and Zoning Officer or his authorized representative shall make on-site inspections of work in progress”

• Certificate of occupancyRequired

  A building or structure inside the town for which a building permit has been issued.

  • The Code Enforcement and Zoning Officer must issue the certificate.
  • The certificate states compliance with the NYS Building Code, the zoning law, any variance or site-plan approval, and other applicable law.

  “In all districts, no building or structure for which a Building Permit has been issued, shall be occupied or used unless the Code Enforcement and Zoning Officer issues a Certificate of Occupancy.”

• Local zoningPresent (with conditions)

  Land inside the Town of Canajoharie, Montgomery County, New York.

  • The county plan identifies the cited Town Zoning Law as Local Law No. 1 of 2001, adopted April 5, 2001.

  “Local Law No. 1 of 2001 Adopted April 5, 2001 ZONING LAW OF THE TOWN OF CANAJOHARIE”

• Minimum lot sizeSpecified

  New construction inside the town.

  • The Town page also states a minimum 300 feet of road frontage.

  minimum building lot: >= 3 acres (new construction) · minimum road frontage: >= 300 feet (new construction)

  “New construction requires a minimum building lot of 3 acres with 300 feet of road frontage.”

• Camping on your landLimited

  A campsite or private camp inside the town.

  • Occupation for more than 14 days requires a Special Use Permit.
  • The Special Use Permit may not exceed 30 days and may be issued for no more than two non-consecutive periods in one calendar year.

  occupation without special-use-permit threshold: > 14 days · special-use-permit maximum period: <= 30 days (no more than two non-consecutive periods in one calendar year)

  “Any campsite or private camp which is to be occupied for a period of more than 14 days shall require prior issuance of a Special Use Permit. Such Special Use Permit shall be issued for a period not to exceed thirty (30) days, and shall be issued for no more than two non-consecutive periods in any one calendar year.”

• Septic permitRequired

  Septic systems inside the town.

  • The cited Town page characterizes septic systems as work for which a building permit is required.

  “Building Permits are required for home improvements that affect the structure of a building, including the following: additions; bathroom renovations; electrical work; kitchen renovations; outbuildings; plumbing work; roofs; septic systems; siding; swimming pools; wells and window replacements.”

• Septic inspectionRequired

  Septic-system work performed under a Town building permit.

  • The finding is limited to work conducted pursuant to a building permit.

  “During the course of construction of any project subject to a Building Permit under this local law, the Code Enforcement and Zoning Officer or his authorized representative shall make on-site inspections of work in progress”

• Well permitRequired

  Wells inside the town.

  • The cited Town page treats wells as work requiring a building permit.

  “Building Permits are required for home improvements that affect the structure of a building, including the following: additions; bathroom renovations; electrical work; kitchen renovations; outbuildings; plumbing work; roofs; septic systems; siding; swimming pools; wells and window replacements.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside the town.

  • The county plan states that the Planning Board administers subdivision and can condition projects to reduce hazards under Chapter 210.

  “The Planning Board shall be responsible for the review and approval of subdivision plats in accordance with the Town Subdivision Law and this local law.”

• Permit feesPublished (with conditions)

  Town building permits.

  • Fees are based on estimated project cost, payable when the application is submitted, non-refundable once a permit has issued, and include a $5 Certificate of Compliance/Occupancy fee.

  project cost up to: <= 500 USD (permit fee is $25) · project cost range: 500.01-25000 USD (permit fee is $50) · project cost over: > 25000.01 USD (permit fee is $75) · permit renewal fee: 10 USD · demolition permit fee: 10 USD

  “Projects estimated to cost up to $500.00 - $25.00 Projects estimated to cost $500.01 - $25,000.00 - $50.00 Projects estimated to cost over $25,000.01 - $75.00 Permit Renewal Fee - $10.00 Demolition Permit - $10.00”

• Permit processPublished (with conditions)

  Town building-permit applications.

  • The application must include a plot plan, complete plans, and fee payment.
  • The Code Enforcement and Zoning Officer must issue or deny a completed application no less than seven and no more than 30 days after receipt; denial requires written reasons.

  decision time after complete application: 7-30 days

  “No less than seven (7) nor more than thirty (30) day after receipt of the completed application, the Code Enforcement and Zoning Officer or his duly authorized representative shall issue or deny the Building Permit.”

Rules another office applies inside Town of Canajoharie

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

• Building code adoptedAdopted (with conditions)

  The New York Uniform Code applies inside Canajoharie town and is administered locally.

  • New York City is excepted from the cited statewide local-government administration duty.

  “The Uniform Code is a state-wide fire prevention and building code adopted pursuant to Article 18 of the Executive Law (§§ 370 through 383).”

• SetbacksDistrict specific (with conditions)

  Permitted uses in the A Agricultural/Rural Residential District inside the town.

  • For flag lots, the minimum lot width at the street line is 50 feet for the access leg, and access-leg area is excluded from lot-area calculations.

  minimum front yard setback: 40 feet · minimum side yard setback each side: 20 feet

  “MINIMUM FRONT YARD SETBACK [...] MINIMUM SIDE YARD SETBACK (each side) [...] C.2 A-AGRICULTURAL/RURAL RESIDENTIAL DISTRICTS 2.1 All Permitted Uses 30u feet (b) 40 feet 20 feet 50 feet”

  One more reviewed finding on this topic

  • District specific (with conditions) — Permitted uses in the R Residential District inside the town.

    “MINIMUM FRONT YARD SETBACK [...] MINIMUM SIDE YARD SETBACK (each side) [...] C.1 R-RESIDENTIAL DISTRICTS 1.1 All Permitted Uses 300 feet (b) 40 feet 20 feet 30 feet”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside the town.
• Minimum dwelling size — Dwellings inside the town.
• Lot coverage — Lots inside the town.
• Building height — Buildings inside the town.
• Living in an RV — Residential RV occupancy on private land inside the 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.