An initial review of a property, its location, zoning designation and the rules and regulations in that municipality that can restrict the use and development of the property. It may also include any additional agency, department or authority that may have additional permitting or regulatory oversight of specific actions on a property.
The division of a piece of land into 2 or more lots. The creation of 4 lots or less is considered a minor subdivision and requires local municipality approval and County Planning Commission approval. The map must include existing and proposed lot lines, zoning data, and also any individual Planning Board requirements. The creation of 5 or more lots is considered a major subdivision and is filed with the County and requires local Town or Village Planning Board approval, and County Health Department, Public Works Department and Planning Commission approvals, and is filed with the County Assessors Office.
Each local building department has its own process for regulating all structures whether principle dwelling, accessory structure (garage or cabana) or, legalizing prior construction. An individualized approach is determined in submitting plans and permit applications, and includes follow-up contact with clerks, Building Inspectors, and Village and Town Engineers.
Based on the scope of work and municipality a public hearing may be necessary as part of the approval process. A project that does not comply with current zoning regulations requires a variance which is subject to approval by the zoning board of appeals. In the case of a zoning hearing, there is New York State Law that governs the criteria a zoning board uses to make a decision on a variance and an applicant should present the proposal in accordance with that criteria. Applications involving site work or new structures many times require site plan approval typically governed by the planning board, Neighbors within a prescribed distance would be mailed a notice of this public hearing. An applicant or their representative (their civil engineer and/or attorney) would need to present the plan in person, explaining the proposed construction and answer questions.
A radius map shows surrounding properties and streets within a prescribed distance from a subject property. The owners of the surrounding properties and their mailing addresses are gathered from tax and deed records and are also included on the map or included as a separate document. Public hearing notices are mailed to each surrounding owner.
A New York State Department of Environmental Conservation wetlands permit is required for any construction within their jurisdiction. This jurisdiction includes all wetlands and work within 100 feet of a freshwater wetland or 300 feet of a saltwater wetland. There are some circumstances where the jurisdiction ends less than these prescribed distances. In those cases a letter of non-jurisdiction is a usual requirement of the local building authority prior to the issuance of a building permit.
Projects fronting on a New York State right of way require approval by the NYSDOT and issuance of a highway work permit. Plans include proposed improvements such as curb cuts, sidewalks, pavement markings, signage and utility locations. An application is submitted to the NYSDOT for approval prior to the start of construction.
Framing and construction detail plans of a pre-existing structure, when a permit and Certificate of Occupancy is being sought post-construction.
