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Question about lot sub dividing 1

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wonderd

wonderd

Computer
Sep 15, 2015
8
Hello everyone. We are looking to get a 1.1 acre lot sub divided in orange county New York. I have a question regrading the property line that will split the lot. Local town requires houses to have setback from the property line of 40 feet in front/back and 15 on each side of the house. In this diagram The blue line is where we want the property to be sub divided, however there is a small shed about 5 feet away from that line. Will the local town or an engineer say the property line needs to be a certain distance away from the shed also? Even though the house meets the setback requirement from the blue property line? I understand I will have to confirm any opinions with a local engineer or land surveyor.
 
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Is the shed a domicile, i.e., it has bathroom, running water? If not, then it's not a house, is it?

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No running water or anything its just a storage space for yard equipment.
 
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A couple of codes found on the web. You could try looking for your particular town's

§ 97-40
Supplementary dimensional regulations.
[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Setbacks for accessory structures and uses.
(1)
Any accessory structure attached to a principal building and any detached barn, garage, stable, tennis court, or swimming pool shall comply with the minimum setback requirements of this chapter applicable to the principal building. Other detached accessory structures or uses may encroach into required setback areas, provided that they:
(a) Are not used for human habitation;
(b) Have a footprint no larger than 200 square feet;
(c) Do not exceed 16 feet in height;
(d) Do not occupy more than 10% of a rear setback area;
(e) Are set back at least 10 feet from side or rear lot lines;
(f) Are not located closer to the street than the front yard setback required for a principal building, except for fences, gates, mailboxes, newspaper receptacles, signs, sand storage bins, bus shelters, and similar roadside structures with less than 100 square feet of footprint, as well as ornamental structures such as entry pillars and statues; and
(g) Are not used for housing animals.
Click to expand...

and

§ 164-41
Supplementary regulations for residence districts.
The provisions of this chapter applying to residence districts shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary regulations:
A. Accessory buildings.
(1) Location. An accessory building or structure such as a deck, pool, or dock, shall be located within and/or outside the parameters of the required side yard or rear yard, provided that:
[Amended 10-24-2002 by L.L. No. 6-2002]
(a) Such building or garage shall not exceed 1,200 square feet in floor area nor be more than 48 feet in greatest median dimension, longitudinally or transversely.
(b) Such building or garage shall be set back five feet from any lot line and, if separated, shall not be located less than 10 feet from the principal building. However, in those cases where the edge of a lake forms a yard lot line, accessory buildings located in such yards need not conform to the required five-foot setback.
(c) All such buildings or garages, in the aggregate, shall not occupy more than 30% of the area of the required rear or side yard.
(d) Required setbacks for sheds, pools and hot tubs accessory to a townhouse shall be a minimum of 10 feet from a residence, five feet from a property line, zero feet from a preexisting fence with a minimum height of four feet.
[Added 2-18-2010 by L.L. No. 1-2010]
(e) The maximum size of a shed accessory to a townhouse shall be 80 square feet.
[Added 2-18-2010 by L.L. No. 1-2010]
(f) Aboveground pools and hot tubs accessory to a townhouse shall have a maximum diameter of 18 feet and a maximum height of 52 inches.
[Added 2-18-2010 by L.L. No. 1-2010]
(g) Aboveground pools and hot tubs between 24 and 52 inches in height shall meet New York State Building Code barrier requirements.
[Added 2-18-2010 by L.L. No. 1-2010]
Click to expand...

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How do I find the proper codes for orange county New York? The lot is in the Town of Newburgh.
 
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I was able to find the below on Outdoor storage for town of newburgh. Its less than ideal for my situation. It says 10 feet from property line, but if there is a residential lot next to the shed, than it has to be 50 feet. Am I reading it wrong or is this bad news for me? 10 feet I could swing, but not 50.

A.
Unless otherwise provided in this chapter, outdoor storage of motor vehicles, trailers, building supplies, raw materials, finished products or machinery and equipment is prohibited, except in accordance with the following:
(1)
Such use shall be an accessory use and shall be located on the same lot as the use to which it is accessory.
(2)
Such materials or products shall not be stored within the front yard and shall not be closer than 10 feet to any side or rear lot line or 50 feet from a side or rear lot line adjacent to a residence district or lot in residential use.
(3)
All outdoor storage areas shall be appropriately screened with landscaping so as to provide an opaque sight barrier at least eight feet in height. In no case shall materials be stored so as to exceed the height of the sight barrier.
(4)
No storage area shall occupy more than 30% of the required side or rear yard.
B.
No material may be stored in such a storage facility that is flammable, combustible, explosive, reactive, corrosive or toxic to humans as defined and quantified in United States Environmental Protection Agency regulations under 40 CFR 116.
 
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Your reference is typical of poorly written land use codes. In my opinion, the excerpt does not apply to buildings, just open storage areas.

If you have an existing storage shed, it is likely that you can apply for a variance as they generally won't make you tear down existing structures for the sake of a setback unless the structure creates an egregious encroachment on another property.
 
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Generally, the accessory building will be subject to the minimum side setback which in your case is 5 feet.


See the code attached.


 
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I have another question I am not sure if I should make another thread for or not. Its related to the the sub division of this land.

This lot and surrounding lots was surveyed back in 1994 by a surveyor/engineer and we still have the detailed surveyors map.

To get this Lot sub divided along the blue line. Will the engineer have to re survey the whole lot again? Or can he just create the line down the middle using the existing Map?
 
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1994 was 20 years ago; I would guess that someone today would redo the survey, just to make sure that all the coordinates and distances are still accurate.

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Why would you redo a boundary survey if the boundary has not changed?

Ask the question of whomever is reviewing your plan, but for a 2-lot subdivision I can't see someone wanting a new survey.
 
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A survey from 20 years ago is probably no longer valid. Most residential surveyor use iron pins (instead of concrete monuments) to locate the corners. You would have to locate and verify that the iron pins are still there. It may be difficult to locate the surveyor from 20 years ago to reseal the survey.

The buyer of the property (as represented by the lender, mortgage broker, etc.) also wants assurance of the property boundary prior to construction. A survey is generally required every time a property changes hands.
 
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the long and the short is:
[ul]
[li]you need to file a plat with the county recorder, usually after paying a fee and getting it approved by the county surveyor[/li]
[li]it is signed by a surveyor[/li]
[li]the surveyor wont sign it unless he surveys and confirms the property lines are shown correctly[/li]
[li]unless as bimr says, you can locate the original guy to do the work, he might not need to do any additional field work[/li]
[li]in order to verify in the field where your property lies, you will also need to have monuments that you can find[/li]
[li]granted - an old plat and legal description is valid, even if the monuments have rusted away but the new owner will want to see them[/li]
[/ul]

example:
 
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Twinkie said:
Why would you redo a boundary survey if the boundary has not changed?
Click to expand...

In order to provide some explanation, here are some things that can affect an outdated survey:

* If structures or paving was constructed on the subject property or adjoiners since the last survey - do encroach on the mapped boundary or setbacks causing questions of ownership, easements, or code issues.

*Newer surveys surrounding the subject property sometimes conflict with the subject survey. If so, the conflict should be resolved to mitigate damages in possible disputes.

*properties with boundaries defined by water actually have the potential to move.

I am sure there are more potential issues. Some of these issues are more common than one may think. If there are issues, the cost of ignoring them can be substantial.
 
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