ADU Pass
Franklin
ADU Pass helps homeowners in Franklin, Delaware County, New York navigate the permit paperwork for building an accessory dwelling unit. This area covers 2 ZIP codes.
Map
ADU details
ADU legality: allowed
New York preempts most local ADU restrictions. Franklin permits ADUs by right in single-family zones per its zoning ordinance.
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 150 | $3,200 | $54,750 | $57,950 |
| 600 | 600 | $3,200 | $219,000 | $222,200 |
| midpoint | 675 | $3,200 | $246,375 | $249,575 |
| maximum | 1,200 | $3,200 | $438,000 | $441,200 |
Fee breakdown (as of 2026-04)
Permitting process
- Town of Franklin Zoning Law 13-07 review (~7d)
Confirm parcel is in a zoning district that allows accessory apartments / two-family use under Town of Franklin Zoning Law (Local Law 13-07, last updated by the Town Board). Franklin is rural Catskills foothills (NY Town Law authority); ADUs are typically processed as 'accessory apartments' on parcels with existing single-family use. Watershed parcels in the NYC drinking-water Catskill/Delaware basin have additional NYCDEP / NYS Watershed Rules & Regulations review. - Catskill Watershed / NYCDEP Stormwater & Septic Review (if applicable) (~45d)
Franklin lies within the New York City Watershed (West-of-Hudson, Cannonsville Reservoir basin). New on-site wastewater treatment systems require NYCDEP review and a Subsurface Sewage Treatment System (SSTS) permit through the Catskill Watershed Corporation (CWC) Septic Maintenance / Replacement Program. Phosphorus-restricted basins constrain site density. - Submit Building Permit Application to Town Code Enforcement Officer (~1d)
Apply at Town of Franklin Town Hall (554 Main Street, Franklin NY 13775) to the Code Enforcement Officer / Building Inspector. Required: application form, two sets of stamped plans, plot plan with setbacks, septic / well permits (Delaware County Department of Public Health), NYS ECCC compliance worksheet (Climate Zone 6A - upstate Catskills). - Code Enforcement plan review & Planning Board referral (if site plan triggered) (~35d)
Code Enforcement Officer reviews under NYS Uniform Code 2020 + 2024 amendments. If the ADU triggers Site Plan review under the Zoning Law, the application is referred to the Town of Franklin Planning Board for monthly meeting (typically 4-8 week cycle). General Municipal Law 239-m referral to Delaware County Planning Department applies if within 500 ft of a county/state road or boundary. - Permit issuance (~7d)
Town of Franklin building permit fee per Town Board fee schedule (~$0.20/sqft of new construction, $50 minimum). Plumbing permit issued by Delaware County Department of Public Health for new SSTS or well. Electrical inspection performed by NYS-licensed third-party (NEIA, Commonwealth, Middle Department). - Construction inspections
Required inspections by Code Enforcement Officer: footing/foundation, framing, rough plumbing (DCDPH for septic), rough electrical (third-party), insulation, NYS ECCC blower-door test, final building. Frost depth in Climate Zone 6A is 48 inches - footings must extend below. - Certificate of Occupancy / Compliance (~14d)
Code Enforcement Officer issues CO after final inspections clear and DCDPH septic-system approval and third-party electrical-inspector affidavit are filed. Plus One ADU grant disbursements (administered through Catskill Watershed Corporation as the LPA) require completed CO before final reimbursement.
Viability (permitted uses)
- Long-term rental: yes Long-term rental of ADU explicitly permitted; New York owner-occupancy preemption (where applicable) makes ADU eligible for full landlord-tenant treatment.
- Short-term rental: with-restrictions STR rules vary by city. Franklin regulates STRs separately from ADU permitting; check local STR ordinance and HOA covenants.
- Office rental: with-restrictions Detached office rental requires home occupation permit or rezoning.
- Home office: yes Home occupation permitted with restrictions on signage and customer traffic.
- Studio / workshop: yes Personal artist studio is a permitted accessory use.
- Agriculture: with-restrictions Limited urban agriculture permitted in residential zones; livestock varies by district.
- Relative support: yes Family-occupancy ADU explicitly permitted in single-family zones.
Contacts
Staff: Town of Franklin Planning Board (Site plan review for triggered ADU applications), Delaware County Department of Public Health (Septic / SSTS permitting), Catskill Watershed Corporation (NYCDEP watershed compliance / Plus One ADU LPA)
Utilities
- Water: Franklin Water Utility · 21d connect · $4,500
- Sewer: Franklin Sewer / Wastewater · 21d connect · $5,500
- Electric: Franklin Electric Utility · 14d connect · $1,800
- Gas: Franklin Gas Utility · 21d connect · $1,500
Property values & taxes
Construction timeline
Realistic total: best 7mo · typical 11mo · worst 17mo
Financing
State ADU loans:
Insurance impact
HOA prevalence & preemption
New York has no statewide statute that voids HOA, condominium, or cooperative restrictions on ADUs. New York is unusual among states in that it has no general HOA-governance statute at all — common-interest communities are governed by a mix of the Condominium Act (RPL Article 9-B), the Cooperative Corporations Law, the Not-for-Profit Corporation Law, and the Business Corporation Law depending on the form of the association. Restrictive covenants in declarations and bylaws therefore continue to bind ADU construction in HOA / condominium / co-op communities except where local zoning expressly preempts them (rare in NY).
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Amendment
- Amendment
Legal history (timeline)
Current ordinance: City of Franklin Municipal Code — Accessory Dwelling Units, adopted 2020-01-01, last amended 2024-04-01
- 2024-01-01 — City of Franklin ADU code refresh (city-ordinance)
Conforming local-code amendments aligning with current New York accessory-dwelling framework.
Effect: Codified by-right ADU standards consistent with state law and local zoning.
New York state — ADU law and programs
State financing programs
New York operates the Plus One ADU Program, a state-funded grant initiative administered by NYS Homes and Community Renewal (HCR) that finances new ADU construction and the legalization of existing unpermitted units for low- and moderate-income homeowners. The program was capitalized at $85 million over five years by the FY2022-2023 NYS Capital Budget; approximately $59 million had been awarded to local government and non-profit subrecipients across the first two rounds. A separate NYC-administered Plus One ADU pilot (run by HPD) layers additional grant + loan dollars on top within the five boroughs.
State housing programs
Beyond the Plus One ADU funding stream, New York's statewide ADU policy footprint is concentrated in HCR's Plus One technical-assistance and pre-development resources for subrecipient localities. The state does not currently operate a statewide pre-approved ADU plan catalog, statewide impact-fee waiver, or statewide streamlined-review timeline floor — those tools sit at the municipal level (notably the City of Yes for Housing Opportunity package adopted by NYC in late 2024). New York's 'City of Yes' is a NYC zoning text amendment, not a state program, and is therefore not state-primary.
- Plus One ADU technical assistance — Bundled with the Plus One grant award — HCR-funded TA for subrecipients on ADU project scoping, contractor selection, design review, and homeowner outreach. Layered with local code-compliance support.
Federal (United States) — ADU-relevant rules and programs
Federal ADU law
The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.
Federal financing programs
Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.
Federal tax credits
There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.
Federal housing programs
HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.
ZIP Codes
- 13775
- 13846
Post Office
- 450 Main St, 13775