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

Town of Arcade’s own rules

• InspectionsRequired

  Construction inside the Town of Arcade subject to the zoning chapter.

  • The Zoning Enforcement Officer makes periodic inspections for compliance with the chapter.

  “The Zoning Enforcement Officer shall make periodic inspections of any construction to ensure that the provisions of this chapter are being complied with.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside the Town of Arcade.

  • District boundaries are shown on the certified Town zoning map that accompanies and forms part of the local law.

  districts: FP Overlay; R1 Low Density Residential (No Public Sewers); R4 Mobile Home Parks; AG Agricultural; HC Highway Commercial; LI Light Industrial; LI/HC Light Industrial/Highway Commercial

  “Section 401 – FP Overlay District: Flood Plain Section 402 – R1 District: Low Density Residential (No Public Sewers) Section 403 – R4 District: Mobile Home Parks Section 404 – AG District: Agricultural District Section 405 – HC: Highway Commercial Section 406 – LI District: Light Industrial Section 407 – LI/HC District: Light Industrial, Highway Commercial”

• Minimum lot sizeSpecified

  Single-family residences in the Flood Plain Overlay District inside the Town of Arcade.

  • The residence is a use permitted by special permit in the Flood Plain Overlay District.
  • The lot must be at least five acres.

  minimum lot area: >= 5 acres (Single-family residence in the Flood Plain Overlay District)

  “Single-family residences on lots of at least five (5) acres.”

• SetbacksSpecified

  All structures in the Flood Plain Overlay District inside the Town of Arcade.

  • The 75-foot horizontal setback is measured from the toe of the slope of a watercourse.
  • The 50-foot setback is measured from the road right-of-way line.

  watercourse setback: >= 75 feet (Measured from toe of slope of any watercourse) · road setback: >= 50 feet (Measured from road right-of-way line)

  “The minimum horizontal setback for all structures shall be seventy-five (75) feet from the toe of the slope of any watercourse. The minimum setback for all structures shall be fifty (50) feet from the road right-of-way line.”

• Camping on your landAllowed (with conditions)

  Individual camp sites in the AG Agricultural District inside the Town of Arcade.

  • The provision is limited to individual camp sites listed as a use permitted by right in the AG District.

  “Outdoor recreational uses, including tennis courts, parks, individual camp sites, picnic groves, golf courses, swimming, fishing and boating facilities”

• Subdividing landRegulated (with conditions)

  Subdivisions of land inside the Town of Arcade, Wyoming County, New York.

  • The Town Planning Board has preliminary approval or disapproval authority.
  • Final approval or disapproval rests with the Arcade Town Board.
  • Approval is required before sale offers, structure permits, or grading, clearing, construction, or other improvements.
  • The Planning Board may waive requirements or improvements when reasonable, subject to appropriate conditions.

  “This Local Law provides for the regulation of subdivisions within the Town of Arcade, Wyoming County, New York. It may be cited as the “Town of Arcade Subdivision Law.””

• Building in a floodplainRequired

  Development in the Flood Plain Overlay District inside the Town of Arcade.

  • Single-family residences in the district require a special permit and at least five-acre lots.
  • New construction or substantial improvements of habitable structures must have the lowest floor, including basement, at least one foot above the 100-year flood level.
  • The Town's flood-damage-prevention local law also applies, and the more strict provision governs in a conflict.

  lowest-floor elevation above 100-year flood: >= 1 foot (New construction or substantial improvements of habitable structures)

  “New construction or substantial improvements of habitable structures shall have the lowest floor (including basement) elevated to a minimum of one (1) foot above the level of the 100-year flood.”

• Permit feesVariable (with conditions)

  Fees required under the Town zoning chapter.

  • Fees are established by resolution of the Town Board.

  “Any fees required to be paid, shall be established by Resolution by the Town Board.”

• Permit processPublished (with conditions)

  Zoning-permit applications inside the Town of Arcade.

  • Applications are made in triplicate on forms designated by the Town.
  • Applications received by the County Zoning Officer fewer than seven days before the Town's regularly scheduled board meeting are put on the following month's agenda.

  advance submission before Town board meeting: >= 7 days (Applications submitted to the Zoning Officer)

  “All applications must be submitted to the Zoning Officer 7 days prior to the Town's regularly scheduled board meeting. Applications received less than 7 days in advance will be placed on the following month's agenda for review.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside the Town of Arcade.
• Minimum dwelling size — Dwellings inside the Town of Arcade.
• Lot coverage — Residential and agricultural zoning districts inside the Town of Arcade.
• Building height — Residential and agricultural zoning districts inside the Town of Arcade.
• Living in an RV — RV occupancy on private land inside the Town of Arcade.

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.