113 local rules on file · Pop. 2,098 · Rensselaer County
Showing ordinances that apply to Averill Park, NY
Averill Park is an unincorporated community with a population of approximately 2,098 in Rensselaer County, New York. Because Averill Park is not an incorporated city, it does not have its own municipal government or city code. Instead, Rensselaer County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Rensselaer County may have different rules.
Tiny homes on foundations must meet NY Residential Code (min 70 sq ft habitable room, ceiling height, egress). Tiny homes on wheels regulated as RVs and cannot be permanent residences in most Rensselaer County towns. No county-wide tiny-home ordinance.
No statewide ADU mandate in NY. Rensselaer County municipalities vary: Troy permits accessory dwelling units in certain R zones; East Greenbush and Brunswick allow accessory apartments with special-use permit; rural towns generally require zoning board approval.
These unincorporated areas are also governed by Rensselaer County ordinances.
Carports treated as accessory structures. Building permit typically required. Setbacks from property lines apply (usually 5-10 ft side, 25-30 ft front). Troy requires permits for all permanent carports; temporary fabric carports often prohibited in front yards.
No countywide construction hour rule. Troy City Code limits construction noise to 7 AM-7 PM weekdays and 8 AM-6 PM Saturdays; Sunday and holiday work prohibited without permit. Emergency repairs exempt.
Aircraft noise preempted by federal law (14 CFR Part 36, FAA). Albany International Airport (ALB) operates nearby with FAA Part 150 noise program. No county ability to restrict flight operations.
Rensselaer County has no countywide noise ordinance. Quiet hours set by municipalities. Troy City Code Ch. 215 sets quiet hours 10 PM-7 AM. Unincorporated towns rely on NY Penal Law 240.20 (disorderly conduct) for unreasonable noise.
Commercial property noise limits set locally. Troy sets 65 dBA daytime and 55 dBA nighttime at residential property lines abutting commercial zones. Loading dock noise restricted overnight.
No countywide leaf blower restriction. Gas leaf blowers permitted during landscaping hours. Troy and East Greenbush restrict use to 8 AM-7 PM; no municipal bans on gas-powered units.
Amplified music regulated by local noise codes. Troy prohibits amplified sound audible 50 feet from source after 10 PM. Outdoor event permits required for concerts and festivals.
NY Vehicle and Traffic Law 386 sets statewide motor vehicle noise limits: 95 dBA for vehicles under 10,000 lbs at 50 feet. Modified exhaust and cutouts prohibited under VTL 375(31).
NY Agriculture and Markets Law 124 allows municipalities to regulate excessive barking. Rensselaer County towns generally define nuisance as barking over 15-20 consecutive minutes disturbing neighbors.
Street parking in Rensselaer County governed by NY Vehicle & Traffic Law and local town/city ordinances. Troy enforces alternate side street cleaning; winter parking bans triggered by snow events in most municipalities.
RV and boat parking regulated by local town zoning. Most Rensselaer County towns allow RV/boat storage in side/rear yards with setbacks; front yard storage commonly prohibited or limited to 48-72 hours for loading.
Driveway standards set by individual town zoning codes. Typical Rensselaer County requirements: paved/gravel surface, 10-12 ft width minimum for single-family, driveway permits required for new curb cuts on county/state roads.
Abandoned vehicles regulated under NY VTL 1224 (public property) and local property maintenance codes (private property). Rensselaer County towns typically define abandoned as 48-96 hours unattended on public way or inoperable on private residential property.
EV charging regulated under NY State Building Code (2020 ECCCNYS) and NYSERDA programs. New construction in some Rensselaer County towns requires EV-ready wiring. Charge NY program provides rebates statewide.
Overnight parking rules vary by municipality. Troy and Rensselaer have winter parking bans during snow events. No statewide 72-hour parking rule; municipalities set their own abandoned vehicle thresholds.
Commercial vehicle parking restricted in residential zones across most Rensselaer County towns. Vehicles over 10,000 lbs GVW or with commercial lettering typically prohibited overnight on residential streets.
Open burning heavily restricted under 6 NYCRR Part 215. Statewide residential brush burn ban March 15 through May 15. Towns with population over 20,000 (including City of Troy) ban residential open burning entirely.
Backyard recreational fires allowed in most Rensselaer County towns if using clean wood or charcoal, attended, and away from structures. Prohibited in City of Troy and City of Rensselaer without special permit.
Rensselaer County has no defensible-space or brush-clearance ordinance. Rural towns rely on NY DEC forest fire wardens and local fire districts for wildfire response. Property owners encouraged but not required to maintain brush clearance.
Recreational fire pits regulated under NY Uniform Fire Prevention and Building Code and 6 NYCRR Part 215. Towns in Rensselaer County (Troy, East Greenbush, Brunswick, Schodack) generally permit small backyard fire pits using clean wood only.
Rensselaer County is not in a designated high-risk wildfire zone. Eastern Rensselaer Plateau and Taconic foothills have moderate grass/forest fire risk during dry springs. No WUI code overlay applies.
NY Executive Law 378 and 19 NYCRR Part 1225 require smoke alarms in all dwellings. As of April 2019, all new or replacement battery-operated smoke alarms sold in NY must be sealed 10-year lithium battery units.
Consumer fireworks illegal in Rensselaer County. Under NY Penal Law 270.00, fireworks possession is a misdemeanor. Rensselaer County has NOT opted in to legalize sparkling devices, so even ground-based sparklers remain illegal.
Customer visits to home businesses are restricted in residential zones. Troy Zoning limits client visits to appointment-only with no more than one client at a time. Suburban towns typically cap visits at 4-8 per day.
Home occupation signs heavily restricted. City of Troy and most Rensselaer County towns prohibit external signage for home businesses, or limit to a single non-illuminated nameplate under 2 square feet.
Home occupations are regulated by each Rensselaer County town or village. Troy, East Greenbush, Brunswick, and North Greenbush allow low-impact home businesses as accessory uses with conditions on signage, employees, and customer traffic. Some towns require a special use permit from the Planning Board.
Home occupations allowed in residential zones throughout Rensselaer County subject to local zoning. Typical conditions: business secondary to residential use, conducted by residents, no external evidence, limited floor area (usually 25 percent).
NY Home Processor exemption (Agriculture and Markets Law Article 20-C) allows sale of certain non-potentially-hazardous foods (baked goods, jams, candy, granola) from home kitchens. Registration with NY Department of Agriculture and Markets required. No direct sales of meat, dairy, or acidified foods.
Home-based daycare in Rensselaer County follows NY State OCFS registration and licensing rules. Family day care (up to 8 children) requires OCFS registration. Group family day care (up to 16) requires OCFS licensing. Town zoning typically permits as accessory residential use.
Hot tubs and spas require an electrical permit and GFCI protection. Safety cover meeting ASTM F1346 may substitute for perimeter fencing under NY Residential Code AG105.5. Building permit usually required for installations over 24 inches deep.
NY State requires minimum 48-inch barrier around all residential pools with self-closing, self-latching gates opening outward. Gate latch must be at least 54 inches above ground. Applies to in-ground and above-ground pools over 24 inches.
All in-ground and above-ground pools over 24 inches deep require a building permit from the town code enforcement office under NY Residential Code Appendix G. Permit fees typically 75 to 200 dollars. Inspection required before filling.
Anti-entrapment drain covers (VGB Act compliant), GFCI protection on pool circuits, and alarms on doors leading from home to pool area are required under NY Residential Code. Pool must be disclosed on NY Property Condition Disclosure Statement at sale.
Above-ground pools over 24 inches deep require the same permit and 48-inch barrier as in-ground pools. Setback from property lines typically 10 feet (varies by town). Pool wall may serve as the barrier when ladder is removable.
Artificial turf is not regulated at the county level. Most Rensselaer County towns allow synthetic turf in residential yards. HOA covenants may restrict. Troy and historic districts may require design review.
Rensselaer County does not enforce a county-wide grass height. Individual towns set limits via property maintenance codes. Troy limits grass/weeds to 10 inches; East Greenbush and Brunswick typically 8-10 inches.
Rensselaer County benefits from abundant Hudson River watershed and Tomhannock Reservoir supply. No standing watering restrictions. Troy Water Department may impose temporary restrictions during drought advisories from NYS DEC.
Property owners may trim trees on their own property. Street trees in City of Troy and Village of Hoosick Falls require municipal permission via DPW. Boundary trees governed by common-law shared ownership.
No county-wide tree removal ordinance. City of Troy protects street trees and certain heritage trees under Code Chapter 260. Most towns regulate tree removal only in wetlands, steep slopes, or subdivision-review contexts.
No county ordinance requires or restricts native plant landscaping. NY DEC promotes native species through voluntary programs. Invasive species listed in 6 NYCRR Part 575 may not be sold or knowingly introduced.
Municipalities enforce nuisance weed ordinances via property maintenance codes. Troy and East Greenbush require removal of ragweed, poison ivy, and other noxious weeds. NY DEC 6 NYCRR Part 575 regulates invasive species.
Rainwater harvesting is legal throughout Rensselaer County. No permits required for residential rain barrels. NY has no statewide restriction on rainwater collection.
STR guests must comply with the host town's general noise ordinance. Troy quiet hours run 10 PM to 7 AM. Most Rensselaer County towns use nuisance-based standards rather than decibel limits.
Occupancy generally capped at 2 persons per bedroom plus 2, consistent with NY Property Maintenance Code. Troy limits commercial STR occupancy to amounts listed on the registration certificate.
Troy requires STR hosts to carry minimum 1,000,000 dollars liability coverage and list the rental as a commercial use. Other Rensselaer County towns do not mandate specific STR insurance but Airbnb Host Guarantee and Vrbo coverage apply.
Town zoning sets parking minimums for STRs. Typical requirement: 1 off-street space per bedroom rented. On-street parking permitted where legal; Troy has alternate-side cleaning and permit zones near RPI campus.
Rensselaer County has no county-level STR registration. Troy adopted a short-term rental registry in 2023 requiring hosts to register with the city. Other towns (East Greenbush, Brunswick, Schodack) generally treat STRs under existing zoning, with some requiring special use permits.
Troy requires annual STR registration through the Department of Planning. Most other Rensselaer County towns do not have dedicated STR registries but may require a certificate of occupancy or rental permit.
Rensselaer County does not cap annual rental nights. No town in the county currently enforces a night cap on non-owner-occupied STRs. Troy requires registration but does not limit rental nights.
Rensselaer County imposes a 5 percent hotel and motel occupancy tax on stays under 30 days (County Local Law No. 5 of 2017, amended). NY State sales tax 4 percent plus county tax 4 percent also apply. Airbnb and Vrbo collect state sales tax; hosts must remit county occupancy tax directly.
NY ECL 11-0505 prohibits feeding deer and bears statewide. DEC can issue citations. Bird feeding allowed but may be restricted if attracting bears (common in eastern Rensselaer County near Taconic hills).
NY Environmental Conservation Law 11-0512 bans possession of wild animals as pets (big cats, bears, primates, venomous reptiles, wolves). Permits only for licensed exhibitors. Ferrets legal in Rensselaer County (unlike NYC).
Troy limits households to 3 dogs without kennel license. Other Rensselaer County towns typically allow 3-5 dogs. Kennel license required from town clerk for more.
NY Agriculture and Markets Law 107(5) preempts breed-specific legislation. Rensselaer County and all municipalities cannot ban breeds. Dangerous dog determinations are behavior-based under AGM 123.
Beekeeping legal countywide under NY Agriculture and Markets Law Article 15. Hives must be registered with NY State Apiary Inspector. Rural Rensselaer County towns permissive; Troy allows hives on lots over 5,000 sq ft with setbacks.
NY Agriculture and Markets Law 123 authorizes municipalities to require leashes. Rensselaer County towns generally require dogs leashed off-property. Troy requires leash not exceeding 6 feet in public.
Rensselaer County allows hens in NYC but roosters are banned. Coops must meet health standards. Livestock prohibited in most residential zones. NYC Health Code governs.
Fence permits required in most Rensselaer County cities and incorporated villages. Troy requires permit for fences over 4 ft; permit fee approximately 50-100 dollars. Rural towns often exempt agricultural fencing.
No countywide material restrictions. Most municipalities allow wood, vinyl, chain link, metal, and masonry. Troy historic districts (Central Troy, Washington Park) restrict materials to wood and wrought iron via Landmark Review.
Corner visibility triangles required countywide. Troy requires clear sight triangle 25 ft from corner with no obstruction above 30 inches. Rural towns use 30 ft triangle standard.
Fence heights set by local zoning. Troy allows 4 ft in front yards and 6 ft in side/rear yards. Rural towns (Brunswick, Schodack, Sand Lake) typically allow 6-8 ft rear fences.
NY Real Property Actions and Proceedings Law 843 governs division fences; shared boundary fences require mutual agreement. Finished side of fence typically must face neighbor per local custom; not statutorily required.
NY State Residential Code Appendix G requires 48-inch minimum barrier around all pools over 24 inches deep. Self-closing, self-latching gates opening outward from pool required. Enforced statewide including Rensselaer County.
Architectural review committees derive authority from the recorded declaration of covenants. Boards must act reasonably and in good faith under NY case law (Levandusky standard). Decisions subject to the business judgment rule.
Common charges and special assessments are enforceable liens under NY RPL 339-z (condos) or by contractual covenant (HOAs). Unpaid assessments can be foreclosed. 6-year statute of limitations on collection actions.
No statewide HOA ombudsman in New York. Disputes typically resolved by internal board process, mediation (optional), or civil action in Rensselaer County Supreme Court. Small claims up to 5,000 dollars available in town or city courts.
HOAs and condominiums in Rensselaer County follow NY Not-for-Profit Corporation Law (Article 6) or Condominium Act (RPL Article 9-B). Boards must hold annual meetings, allow member inspection of records, and comply with their governing declaration and bylaws.
CCRs enforceable as equitable servitudes running with the land under NY RPL 339. Boards may fine, suspend privileges, or seek injunctive relief. Selective enforcement and waiver defenses available to owners.
Troy designates specific mobile vending zones downtown and at special events. Most rural Rensselaer County towns require private property consent; public right-of-way vending generally prohibited without permit.
Food trucks in Rensselaer County require Rensselaer County Department of Health mobile food service permit plus local municipal vendor license. Troy, Rensselaer, and East Greenbush have specific mobile vendor ordinances.
NY State does not have a general solar rights law prohibiting HOA solar restrictions. HOAs in Rensselaer County can restrict panels through CC&Rs, unlike California or Florida which have solar access statutes.
Solar panel installation supported by NY State NY-Sun program and the NY State Model Solar Energy Law. Rensselaer County towns typically permit rooftop residential solar as by-right use with building/electrical permit.
Erosion and sediment control required under NY SPDES construction permit and NYSDEC Blue Book standards (NY Standards and Specifications for Erosion and Sediment Control). Enforced by DEC Region 4 and local code enforcement.
Stormwater regulated under NY SPDES MS4 General Permit (GP-0-15-003) and local stormwater management laws. Rensselaer County towns in the urbanized area (Troy, East Greenbush, North Greenbush, Rensselaer) are designated MS4 communities requiring stormwater programs.
Grading and drainage regulated under NY State Building Code (19 NYCRR Part 1221) and local zoning/stormwater laws. Most Rensselaer County towns require grading plans for disturbance over specified thresholds.
Rensselaer County participates in the National Flood Insurance Program. Flood zones mapped by FEMA along Hudson River, Hoosic River, Poestenkill, Wynantskill, and Tomhannock Reservoir. Substantial improvement in SFHA requires elevation.
Garage sale signs allowed on private property with owner consent. Public right-of-way posting prohibited in Troy and most towns. Remove within 24-48 hours of sale end.
Holiday displays generally exempt from sign code when temporary and residential. Troy sign code (Ch. 285 Zoning Art.) exempts seasonal decorations. Noise and light nuisance rules still apply.
Political signs protected by First Amendment (Reed v. Town of Gilbert 2015). Towns may impose time/size/place rules but not content-based limits. Typical: 4-6 sq ft residential, removed 7-10 days post-election.
Pest control in Rensselaer County regulated under NY State Property Maintenance Code (19 NYCRR Part 1226) and DEC pesticide rules (6 NYCRR Part 325). Commercial applicators must be DEC-certified.
Elevators regulated under 12 NYCRR Part 14 by NY Department of Labor (outside NYC). Annual inspections by licensed elevator inspector required. Certificate of operation must be posted in cab. Applies to buildings in Troy, Rensselaer, and multi-family properties throughout the county.
Scaffolds in Rensselaer County follow NY State Uniform Code (19 NYCRR Part 1219) and NY Labor Law 240 (Scaffold Law). Local towns issue building permits; OSHA 29 CFR 1926.451 applies to commercial work.
Homes built before 1978 are subject to federal EPA RRP Rule and NY Public Health Law 1370. Rensselaer County Department of Health investigates childhood lead poisoning cases and can order abatement. Disclosure required at sale and lease (Title X).
Lot coverage limits in Rensselaer County towns typically 20-35 percent for suburban residential, 15-25 percent for rural residential, and 50-70 percent for urban Troy lots.
Setbacks vary by town zoning district. Typical Rensselaer County residential setbacks: 25-40 ft front, 10-15 ft side, 25-30 ft rear. Rural agricultural districts often require 50+ ft front setbacks.
Residential structure heights typically 30-35 ft in Rensselaer County towns. Accessory structures usually limited to 15-20 ft. City of Troy allows taller buildings in mixed-use and commercial zones per zoning map.
Mandatory recycling under NY ECL Article 27 and county Local Law. Single-stream in most areas: paper, cardboard, metal, glass, plastics #1-2. Contamination can result in non-collection.
Bulk items handled by private haulers by appointment; Troy residents schedule with hauler. County operates transfer station for residents. Mattresses, appliances often require extra fees.
Troy Code requires containers at curb, not in street; placed no earlier than 6 PM prior evening. Containers must be removed within 24 hours of pickup. Towns follow similar rules.
No county-wide trash pickup. Troy contracts with County Waste; most towns require private hauler contracts. Set-out typically after 6 PM day before collection, containers removed by end of pickup day.
Vacant lot owners must maintain per Troy Ch. 169 and town codes: cut grass, remove debris, keep free of nuisances. Troy vacant building registry requires annual fees under Ch. 170.
Troy Property Maintenance Code (Ch. 169) requires covered containers stored behind front building line except on collection day. Violations carry notice-and-cure then fines.
Garage sales allowed in residential zones. Troy limits frequency to a few per year per address; no permit for occasional sales. Signs restricted per sign code.
Troy Code Ch. 221 requires property owners to clear sidewalks within 24 hours of snowfall end. City can clear and bill owner. Towns vary; many require clearing by noon following day.
Troy Code Ch. 169 (Property Maintenance) adopts NY Property Maintenance Code. Vacant and blighted properties face registry fees and escalating penalties. Troy Land Bank acquires tax-foreclosed blight.
Commercial operators need FAA Part 107 Remote Pilot Certificate. Class C airspace around Albany International (KALB) affects western Rensselaer County — LAANC authorization required before flight.
FAA preempts airspace regulation. Recreational pilots must follow FAA Part 107 or Recreational Exception, register drones over 0.55 lb, and pass TRUST test. Albany Class C airspace affects west county; LAANC authorization required.
Most Rensselaer County municipalities honor No Soliciting signs. Troy City Code Ch. 225 requires solicitors to leave upon request and prohibits entry onto posted properties. Violations are ordinance infractions enforced by local police or code enforcement.
Troy Code Ch. 225 (Peddling and Soliciting) requires license from City Clerk with background check and fee. Towns (Brunswick, North Greenbush, East Greenbush) have similar peddler permits. Religious and political canvassing exempt per 1st Amendment.
Rensselaer County has no just-cause eviction law. NY State Good Cause Eviction Law (RPL Article 6-A, 2024) is opt-in for municipalities outside NYC; no county town has opted in.
Rensselaer County is not subject to NY Emergency Tenant Protection Act rent stabilization. Rent stabilization applies only to NYC, Nassau, Westchester, and Rockland. Upstate counties have no rent control.
City of Troy requires residential rental registration under Troy Code Ch. 215 via Code Enforcement; Rensselaer city also registers rentals. Rural towns generally have no registry.
Rensselaer County has no countywide juvenile curfew. Troy does not maintain an active general curfew ordinance. State loitering and truancy laws apply.
Troy city parks close dusk to dawn unless posted otherwise (Parks Dept rules). County parks (Grafton Lakes etc.) follow state DEC hours, typically sunrise to sunset. Violations are trespass.
No countywide dark sky ordinance in Rensselaer County. Some rural towns (Berlin, Petersburgh, Stephentown, Grafton) include lighting standards in zoning requiring full-cutoff fixtures for commercial uses.
Light trespass addressed through local zoning (nuisance provisions) and common law nuisance claims. Typical Rensselaer County town standard: lighting cannot exceed 0.5 foot-candles at residential property lines.
NY MRTA (2021) allows adults 21+ to grow up to 3 mature and 3 immature plants at home (6 per household). Plants must be secured from minors and public view. Rensselaer County cannot ban home grow.
Under MRTA, NY municipalities could opt out of dispensaries by Dec 31 2021. Several Rensselaer towns opted out (Brunswick, Pittstown, others); Troy opted in. OCM licenses required; 500 ft from schools, 200 ft from houses of worship.