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

Town of Middleburgh’s own rules

• Building permitRequired

  Development or land-use activities listed in § 1.5 inside the Town of Middleburgh.

  • The requirement is subject to the exemptions in § 1.6.
  • The applicant must submit the prescribed application and required Town Board fee.
  • The Code Enforcement Officer may refer applications requiring site-plan review or a special-use permit to the Planning Board.

  “No person shall undertake any development or commence any land use activity as set forth in Section 1.5 without first applying for, and obtaining, a Zoning Permit and/or Building Permit from the Code Enforcement Officer unless otherwise exempt pursuant to Section 1.6. by submitting the appropriate application form and paying the required fee as established by the Town Board.”

• Certificate of occupancyRequired

  Altered land uses and buildings occupied, used, or changed in use inside the Town of Middleburgh.

  • Roads must provide proper and reasonable emergency-vehicle ingress and egress.
  • Water supply and sewage facilities require prior approval by the Schoharie County Department of Health or Town Engineer.
  • A temporary certificate may be issued for safely occupiable completed portions for no more than 30 days.

  temporary certificate maximum duration: <= 30 days (Only where completed portions may be occupied safely without endangering life or public welfare.)

  “No land use shall be altered, and no building shall be occupied, used or changed in use until a Certificate of Occupancy has been approved and issued by the Code Enforcement Officer stating that the building or the proposed use thereof complies with the provisions of this Law and all other applicable laws and regulations.”

• Local zoningPresent (with conditions)

  Land in the Town of Middleburgh, Schoharie County, New York.

  • The law applies to construction, installation, alteration, changes in use, and land or parcels as provided in the law.

  “This Local Law shall be known and cited as the “Town of Middleburgh Zoning Law”.”

• Zoning districtsPublished (with conditions)

  Land in the Town of Middleburgh subject to the official Town zoning map.

  • District boundary lines are intended to follow the features and distances indicated in the Official Town of Middleburgh Zoning Map.

  “In general, the District boundary lines are intended to follow existing lot lines, Public Highway center lines, and the center lines of natural water course at mean water levels or are intended to be parallel to Public Highway center lines at such distances therefrom as are indicated in the Town of Middleburgh Official Zoning Map.”

• Minimum lot sizeDistrict specific (with conditions)

  Zoning districts inside the Town of Middleburgh.

  • The applicable lot-size measurement is set by Table 2 for the relevant zoning district.

  “Table 2, Dimensional Table, sets forth, by Zoning Districts, dimensional regulations and requirements such as required yard setbacks, height restrictions, and minimum lot sizes.”

• SetbacksDistrict specific (with conditions)

  Zoning districts inside the Town of Middleburgh.

  • The applicable setbacks are set by Table 2 for the relevant zoning district.

  “Table 2, Dimensional Table, sets forth, by Zoning Districts, dimensional regulations and requirements such as required yard setbacks, height restrictions, and minimum lot sizes.”

• Building heightDistrict specific (with conditions)

  Zoning districts inside the Town of Middleburgh.

  • The applicable height restriction is set by Table 2 for the relevant zoning district.

  “Table 2, Dimensional Table, sets forth, by Zoning Districts, dimensional regulations and requirements such as required yard setbacks, height restrictions, and minimum lot sizes.”

• Living in an RVTemporary only (with conditions)

  Temporary Dwelling Units (Recreational Vehicles) outside commercial travel-trailer parks in the Town of Middleburgh.

  • Non-renters may inhabit the unit for no more than 30 days per calendar year.
  • A special-use permit is required for more days.
  • Permanent utility systems used exclusively for temporary dwelling units in residential and commercial districts may not be constructed.
  • Use may not create a nuisance.

  maximum habitation period without permit: <= 30 days per calendar year (For non-renters and units not located in a commercial travel trailer park.)

  “Temporary Dwelling Units not located in a commercial travel trailer park may be inhabited by non-renters on a temporary basis for a period not to exceed a total of thirty (30) days duration per calendar year in accordance with the following conditions. No permit or fee is required unless the number of inhabitation days desired is greater than specified, in which case a Special Use Permit shall be requested:”

• Manufactured homesAllowed (with conditions)

  Manufactured homes on private lots owned by the manufactured-home owner in the Town of Middleburgh.

  • All Table 2 district area regulations must be met.
  • The home must meet foundation, skirting, installation, utility-connection, exterior-finish, state-seal, and age requirements.
  • A certificate of compliance is required.
  • Manufactured-home parks are allowed only in the R-3 district by Planning Board special-use permit.

  maximum age of new manufactured-home installation: <= 15 years (Applies to new installations.)

  “Manufactured Homes, not located in a Manufactured Home Park, will be permitted only under the following conditions: A. In all Districts a Manufactured Home located on a private lot owned by the owner of said Manufactured Home will be permitted when:”

• Who permits septicCounty (with conditions)

  Water-supply and sewage-facility approval for certificates of occupancy inside the Town of Middleburgh.

  • The Town law also permits approval by the Town Engineer.

  “No Certificate of Occupancy shall be issued without prior approval of water supply and sewage facilities by the Schoharie County Department of Health or Town Engineer.”

• Subdividing landRegulated (with conditions)

  Major and minor subdivisions in the Town of Middleburgh.

  • Subdivision applications are subject to Article XVI.

  “SUBDIVISION, MAJOR OR MINOR: All Subdivision of land shall be subject to the provisions of Article XVI.”

• Building in a floodplainLimited

  New construction or substantial improvements subject to Town building-permit review inside the Town of Middleburgh.

  • The Code Enforcement Officer reviews the applications against the Town Flood Damage Prevention Law and § 6.2 of the zoning law.

  “The Code Enforcement Officer shall review all Building Permit applications for new construction or substantial improvements to determine whether the proposed building sites meet the standards of the Town of Middleburgh’s Flood Damage Prevention Law and Section 6.2 of this Law and will be resemble safe from flooding.”

• Permit feesVariable (with conditions)

  Town zoning-law applications and appeals, including building permits.

  • The Town Board adopts and annually readopts the fee schedule at its organizational meeting.
  • The Town Board may amend the schedule at its discretion.
  • Certain listed actions may also require reimbursement of expenses.

  “Fees related to this Law shall be set forth in a Fee Schedule adopted by the Town Board. The Town Board shall, each year, at its organizational meeting, readopt its Fee Schedule for the new Town fiscal year. The Town Board shall also have the power to amend the Fee Schedule from time to time, at its discretion.”

• Permit processPublished (with conditions)

  Zoning and building permits inside the Town of Middleburgh.

  • Applications require prescribed forms, a Town Board fee, and specified supporting information.
  • For new construction or expansion of 1,500 gross square feet or more, plans must bear the signature and seal required by applicable New York law.
  • The Code Enforcement Officer may waive requirements for minor alterations.

  architect-or-engineer-plan threshold: >= 1500 gross square feet (New structure construction or expansion of an existing structure.)

  “All applications for a Building and Zoning Permit shall be made on prescribed forms provided by the Code Enforcement Officer and shall include the required application fee as established by the Town Board and two (2) copies of the following information:”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside the Town of Middleburgh.
• Inspections — Residential construction inside the Town of Middleburgh.
• Minimum dwelling size — Dwellings inside the Town of Middleburgh.
• Lot coverage — Lots inside the Town of Middleburgh.
• Tiny homes — Tiny-home occupancy inside the Town of Middleburgh.

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.