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Home My WebLink About1995 #1(Please Use this form for riling your Local Law with the Secretary of Sta(e) "Next of law should be given as amended. Do not include inatter tieing eliminated and do not use italics or underlining to indicate new matter. GROTON •��o w.n or ................................................... WWI Local Lair• No. ........................ of the year 19 95 ........ A local law .amending . the. Land .Use . and. Deve l.opmer)t Code, and . Zon i n� Map of the Town of Groton ...... .,. .. ... ... .. (insert title Be it enacted by (lie .............TOWN. BOARD ............................................... of the (Name or i_cgislatkc body) � Aweikx TO IN, GROTON of ... T.................................................................. ofi,n as follows: Mux SECTION 1. The Town of Groton Land Use and Development Code and Zoning Map (Local Law No. 1 for the year 1983 as thereafter amended by Local Law No. 2 for the year 1983 as thereafter amended by Local Law No. 2 for the year 1984 as thereafter amended by Local Law No. 3 for the year 1990) is hereby amended to read as follows: SECTION 2. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State in accordance with section twenty-seven of the Municipal Home Rule Law. .A V, (1f additional space is heeded, please attach sheets of the same size as this and number each) INDEX AbandonedStructures................................................................................. 43 Amendments............................................................................................. 63 Appeals................................................................................................... 65 Boardof Zoning Appeals............................................................................. 64 County Health Department.................................................................. 16741762 County Planning Department..................................................................... 16,62 Definitions................................................................................................. 4 Districts................................................................................................. 48 Districts - Low Intensity............................................................................... 56 Districts - Low Intensity Industrial................................................................... 60 Districts - Medium Intensity One..................................................................... 57 Districts - Medium Intensity Two..................................................................... 58 Districts - Rural-Agricultural......................................................................... 55 Drainage................................................................................................. 38 Elder Cottage Housing Opportunity (ECHO) ....................................................... 45 Enforcement............................................................................................. 61 Excavations............................................................................................. 43 Fees....................................................................................................... 62 Fences................................................................................................... 43 FloodHazard Area..................................................................................... 48 FuelTanks............................................................................................... 43 Height............................................................................................... 42,56 Junk..................................................................................................... 42 LandUse Activities..................................................................................... 51 Lots....................................................................................................... 35 MixedUse of Lots..................................................................................... 42 Nonconformance.........................................................................................2 Parking................................................................................ ................. 44 Parks, Open Space, Natural Features............................................................... 38 Permits............................................................................................... 61278 Planned Unit Development....................................................................... 48779 PlanningBoard......................................................................................... 72 Porches................................................................................................... 43 Sewers................................................................................................... 42 Signs..................................................................................................... 44 SitePlan Review....................................................................................... 73 Street Layout and Design............................................................................. 31 StreetNumbers......................................................................................... 43 Subdivision - Classification........................................................................... 17 Subdivision- Cluster................................................................................... 30 Subdivision- Major................................................................................... 22 Subdivision- Minor................................................................................... 20 Subdivision- Rural..................................................................................... 19 Variances................................................................................................. 65 Violations............................................................................................... 82 Yards................................................................................................. 42,55 ZoningMap............................................................................................. 50 TABLE OF CONTENTS Article 1. Introduction Section 100. Legislative Authority..................................................................... 1 Section101. Title....................................................................................... 1 Section 102. Planning Basis........................................................................... 1 Section 103. Interpretation............................................................................. 1 Section 104. Conformance with New York State Law ............................................. 1 Section 105. Severability............................................................................... 2 Section 106. Effective Date............................................................................. 2 Section107. Repeal..................................................................................... 2 Section108. Availability...............................................................................2 Section 110. Nonconformance.........................................................................2 Section 111. Statement of Nonconformance Policy ................................................. 2 Section 112. Nonconforming Vacant Lots of Record ............................................... 3 Section 113. Nonconforming Activities...............................................................3 Section 120. Defuiitions...............................................................................4 Article 2. Land Subdivision Regulations Section200. Purposes............................................................................... 14 Section 201. Declaration of Policy................................................................... 14 Section 202. Applicability and Legal Effect ....................................................... 15 Section 203. Types of Subdivisions................................................................. 15 Section 204. Coordination with County Health Department ..................................... 16 Section 205. Planning Board Use of Consultants and Services of County and Regional Planning Staff ................................... 16 Section 206. Plat Review of Undeveloped Subdivisions ......................................... 16 Section 210. Initiation of Subdivision Review: Submission of a Sketch Plat ................. 16 Section 211. Classification as to Type of Subdivision Review Procedure ..................... 17 Section 220. Rural Subdivision - Review Procedure ............................................. 19 Section 221. Rural Subdivision -Application Requirements for Plat Review ................. 19 Section 222. Rural Subdivision - Subdivider to Attend Planning Board Meeting ............. 19 Section 223. Rural Subdivision - Planning Board Action ....................................... 20 Section 230. Minor Subdivision - Review Procedure ............................................. 20 Section 231. Minor Subdivision -Submission of Plat ........................................... 20 Section 232. Minor Subdivision - Subdivider to Attend Planning Board Meeting ............. 21 Section 233. Minor Subdivision - Public Hearing on Plat ....................................... 21 Section 234. Minor Subdivision - Planning Board Action on Plat ............................... 21 Section 240. Major Subdivision - Review Procedure ............................................. 22 Section 241. Major Subdivision - Submission of Preliminary Plat ............................. 22 Section 242. Major Subdivision - Subdivider to Attend Planning Board Meeting ............. 24 Section 243. Major Subdivision - Study of Preliminary Plat ..................................... 24 Section 244. Major Subdivision - Public Hearing and Review ................................. 24 Section 245. Major Subdivision - Planning Board Action on Preliminary Plat ............... 24 Article 2. Land Subdivision Regulations, con't. Section 250. Major Subdivision - Final Plat Application ......................................... 25 Section 251. Major Subdivision - Endorsement of State and County Agencies ............... 27 Section 252. Major Subdivision - Public Hearing and Review of Final Plat ................... 27 Section 253. Major Subdivision - Planning Board Action on Final Plat ....................... 27 Section 254. Major Subdivision - Required Improvements ..................................... 28 Section 255. Major Subdivision - Modification of Design Improvements ..................... 29 Section 256. Major Subdivision - Inspection Fee ................................................. 29 Section 257. Major Subdivision - Installation and Inspection of Improvements ............... 29 Section 258. Major Subdivision - Final Approval of Plat ......................................... 29 Section 259. Major Subdivision - Public Streets and Recreation Areas ......................... 30 Section 260. Cluster Subdivisions................................................................... 30 Section 270. Design Standards....................................................................... 31 Section 271. General Considerations............................................................... 31 Section 272. Street Layout........................................................................... 31 Section 273. Street Design........................................................................... 33 Section 274. Street Names........................................................................... 35 Section275. Lots..................................................................................... 35 Section276. Flag Lots............................................................................... 36 Section 277. Drainage Improvements............................................................... 38 Section 278. Parks, Open Spaces, and Natural Features ............ . .. ....... ..... ......... 6.... 38 Section 280. Waivers of Certain Required Improvements ....................................... 40 Article 3. Land Use Regulations Section300. Purposes............................................................................... 41 Section 301. Development and Occupancy......................................................... 41 Section 302. Land Use Activities................................................................... 41 Section 303. Health Department Approval......................................................... 41 Section 304. Anticipation of Sewers............................................................... 42 Section 305. Mixed Use of Lots..................................................................... 42 Section 306. Yard Requirements..................................................................... 42 Section 307. Clear Vision Area..................................................................... 42 Section 308. Height Limits Exemption............................................................. 42 Section 309. Rubbish and Junk..................................................................... 42 Section310. Fuel Tanks............................................................................. 43 Section 311. Street Numbers......................................................................... 43 Section 312. Porches and Covered Terraces....................................................... 43 Section 313. Fences and Walls....................................................................... 43 Section 314. Excavations, Abandoned Construction, and Derelict and Destroyed Structures ............................................... 43 Section 315. Offstreet Parking Regulations....................................................... 44 Section316. Signs..................................................................................... 44 Section 320. Elder Cottage Housing Opportunity (ECHO) ....................................... 45 Article 3. Land Use Regulations, con't. Section 330. Establishment of Districts............................................................. 48 Section 331. Basic Districts......................................................................... 48 Section 332. Flood Hazard Area Combining District (FH) ....................................... 48 Section 333. Planned Unit Development........................................................... 48 Section 334. Interpretation of the Zoning Map ..................................................... 49 Section 335. Town of Groton Zoning Map ......................................................... 49 Section 340. District Regulations................................................................... 51 Section 341. Land Use Activities................................................................... 51 Section 342. Rural -Agricultural District (RA) ..................................................... 55 Section 343. Low Intensity District (L)............................................................. 56 Section 344. Medium Intensity One District (Ml) ................................................. 57 Section 345. Medium Intensity Two District (M2) ............................................... 58 Section 346. Low Intensity Industrial District (I) ................................................. 60 Section 350. Planned Unit Development Districts ................................................. 60 Article 4. Procedures and Rules Section400. Board of Zoning Appeals............................................................. Purposes............................................................................... 61 Section 401. Enforcement.......................................................... ................ 61 Section 402. Building Permits....................................................................... 61 Section 403. Certificate of Occupancy............................................................. 61 Section 404. Certificate of Conformance.......................................................... 61 Section405. Fees..................................................................................... 62 Section 406. Approval of County Health Department ............................................. 62 Section 407. Referral to County Planning Department ........................................... 62 Section 410. Amendments........................................................... 0............... 63 Section 420. Board of Zoning Appeals............................................................. 64 Section 421. Appeals and Variances................................................................. 65 Section 422. Power to Hear and Decide Appeals ................................................. 65 Section 423. Parties Who May Appeal............................................................. 65 Section 424. Appeal Procedure by Board of Zoning Appeals ................................... 66 Section 425. Appeals Procedure by an Applicant ................................................. 67 Section 426. Appeals Procedure by Public Officials or by Aggrieved Persons Other Than an Applicant ............................... 67 Section 427. Decisions by the Board of Zoning Appeals ......................................... 68 Section 428. Requirements for Granting Area Variances ......................................... 70 Section 429. Requirements for Granting Use Variances ......................................... 70 Section 430. Guidelines for Granting Variances that Involve Public Access ................... 71 Section 431. Requirements for Granting Variances for Building on Proposed Public Land ............................................. 71 Section 432. Requirements for Revoking or Modifying a Permit ............................... 72 Section 440. Site Plan Review / Planning Board ................................................. 72 Section 441. Site Plan Review and Approval ..................................................... 73 Section 442. Special Permits..................................................................... 78 Section 443. Planned Unit Development........................................................... 78 Section 450. Violations and Penalties............................................................... 82 Town of Groton Land Use and Development Code Article l: Introduction Section 100. Legislative Authority The Town Board of the Town of Groton, New York, hereby establishes this Land Use and Development Code in accordance with the New York State Town Law and other applicable laws, which are cited in the text of this Code. Section 101. Title This Code is known as, and may be cited as the Town of Groton Land Use and Development Code. Section 102. Planning Basis This Code and each of its parts are enacted for the purpose of promoting the health, safety, and general welfare of the citizens of Groton through use of the powers granted the Town by the State of New York, and to that end the Code is made in accordance with a Comprehensive Plan for the development of the community. Comprehensive Plan is not to be understood as a document or documents, but as a coherent approach to development of the human, economic, and environmental resources of the community in the present and the near and distant future. The primary responsibility for reviewing and updating the Comprehensive Plan rests with the Town Planning Board; the responsibility for assuring that this Code rests firmly on the planning basis provided by the Comprehensive Plan is with the Town Board. Ultimately the responsibility for the effectiveness of the Code rests with all the citizens of the Town of Groton. Section 103. Interpretation In their interpretation and application, the provisions of this Code shall be held to be minimum requirements necessary to accomplish the purpose of the Code. When requirements of this Code conflict with the requirements of other lawfully developed rules, regulations, laws, or ordinances, the more restrictive or that imposing the higher standards shall govern. Whenever any condition or limitation is included in an order authorizing a Planned Unit Development, subdivision approval, special permit, certificate of conformance, or any other action taken under this Code, it is to be conclusively presumed that the authorizing officer or board considered the condition or limitation necessary to carry out the purpose of the Code or the requirement of some provision hereof, and to protect the public health, safety, and welfare, and that the officer or board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful. Section 104. Conformance with New York State Law In addition to the provisions in this Code, applicants must adhere to all pertinent New York State Laws. If any New York State Law referenced in this ordinance is amended, the amended Law shall replace the section or sections of this Code where the Law is referenced. Town of Groton Land Use and Development Code Article 1: Introduction Section 105. Severability Should any section or provision of the Code contained herein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Code as a whole or any part thereof other than the part so declared to be invalid. Section 106. Effective Date This Code shall be in force and effect immediately upon adoption and publication as provided by law. Section 107. Repeal Upon the effective date of this Code, it replaces all previous codes. Section 108. Availability Copies of this Code are available for inspection at the office of the Town Clerk. Copies may be purchased from the Town Clerk for a fee. Section 109: reserved. Section 110. Nonconformance There exist lots and activities in the Town which were lawful before this Code was passed or amended, but which would be prohibited under the terms of this Code or future amendment. There are nonconforming lots, nonconforming facilities, and nonconforming activities. Section 111. Statement of Nonconformance Policy It is the intent of this Code to permit these nonconformities to continue under most circumstances, but not to encourage their continuance. Nonconformities are declared by this Code to be incompatible with the permitted activities in the districts involved. It is the further intent of this Code that nonconformities are not to be enlarged upon, expanded, nor be used as grounds for adding other activities prohibited elsewhere in the same district. To avoid undue hardship, nothing in this Code requires a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, the demolition is to be considered actual construction, provided that the work is diligently carried on with a valid permit until completion of the structure involved. 2 Town of Groton Land Use and Development Code Article 1: Introduction Section 112. Nonconforming Vacant Lots of Record A nonconforming lot is an existing lot of record which has one or more dimensions (width, depth, or area) which is less than the minimum lot dimensions prescribed in the regulations for the district where it is located. In any district in which one -unit residential buildings are permitted, notwithstanding limitations imposed by other provisions of these regulations, a one -unit residential building and customary accessory facilities may be erected on any single nonconforming vacant lot of record if the following conditions are met: a. The lot must not have contiguous frontage or lot lines in common with other lots in the same ownership. b. The minimum yard dimensions and other requirements not involving lot area or frontage conform to the regulations. Variance of yard requirements may be obtained only through appeal to the Zoning Board of Appeals. c. The applicant must receive the Health Department's approval of the development of the nonconforming lot. If two or more vacant lots of record in single ownership have continuous frontage or lot lines in common at the time of passage or amendment of these regulations, and if all or part of the lots are nonconforming, the land involved is to be considered one lot for the purposes of these regulations, and no part of the land may be developed as a building lot which does not meet minimum frontage and area requirements, nor may any division of the land be made which leaves remaining any lot with frontage or area below the requirements stated in these regulations unless approved as a flag lot under Section 276. Section 113. Nonconforming Activities A nonconforming activity is an existing activity (the use of a structure and / or land) which is of an activity type that is not allowed or permitted in the district where it is located. 113.1 Nonconforming Activities in Buildings. Activities in buildings which are nonconforming as to activity type may be continued, subject to the following provisions: a. The nonconforming activity may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these regulations, but the activity may not be extended to occupy any land outside the building. b. No building devoted to a nonconforming activity may be enlarged, extended, reconstructed, moved, or structurally altered so long as the nonconforming activity remains. Town of Groton Land Use and Development Code Article 1: Introduction c. When the nonconforming activity is superseded by a permitted activity, the nonconforming activity may not thereafter be resumed. d. When a nonconforming activity is abandoned [deliberate, voluntary, and actual cessation of activity (City of Binghamton v Gartell, 90 NYS 2nd 556)] for twelve consecutive months, the structure and lot may not thereafter be used except in conformance with these regulations. e. Where the nonconforming activity occupies a building and lot in combination, termination of the nonconforming activity in the building, for whatever reason, must be accompanied by termination of the nonconforming activity on the lot as well. 113.2 Nonconforming Activities Not In Buildings. Activities not in buildings, which are nonconforming as to activity type, may be continued, subject to the following provisions: a. The nonconforming activity may not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these regulations. b. The nonconforming activity may not be moved in whole or in part to any other portion of the lot. c. If the nonconforming activity ceases for any reason for a period of more than six months, any subsequent activity on the lot must be a permitted activity. Sections 114-119: reserved. Section 120. Definitions Access: A legally and physically defined area available and practical for motor vehicle ingress and egress to a lot. Accessory Apartment: A small dwelling unit or rooming unit, permanently attached to an owner -occupied single-family dwelling, which is subordinate to the principal residential use in terms of size and appearance. An accessory apartment enables a senior to live in close proximity to those who can help him or her maintain independence and privacy. An accessory apartment is not a rental unit. Accessory Building: A building the use of which is incidental to that of the principal building, and which is located on the same lot. Accessory Structure: A structure other than a building, the use of which is incidental to that of the principal building, and which is attached thereto or is located on the same lot. M Town of Groton Land Use and Development Code Article 1: Introduction Alteration: A change or rearrangement in the structural parts, an enlargement, or the moving from one location or position to another of a structure. Apartment: A dwelling unit in a building containing other dwelling units or nonresidential facilities. Basic District: A basic district regulates the general pattern of development in the Town. All of the Town is in one or another of these districts. Boundary Change: Any transfer of land from lot to lot by relocating lot boundary lines. Building: A structure wholly or partially enclosed within exterior walls, or within exterior party walls, and a roof, affording shelter to persons, animals, or property. Building Line: A line formed by the intersection of the grade and a vertical plane that coincides with the most projected exterior point of the building. Cluster Subdivision: A subdivision in which lots are smaller than the minimum size permitted within the existing district, but in which the number of lots does not exceed the number permitted within the existing district. The total number of lots permitted on a particular parcel of land are placed on a portion of the parcel, and the remaining area is maintained as permanent open space. Cluster subdivisions are permitted in the RA, L, and M 1 districts. Code: Unless otherwise indicated, the term Code means the Town of Groton Land Use and Development Code or any part thereof. Collector Street: A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street. Comprehensive Plan: A plan, prepared by the Planning Board pursuant to Section 272-a of the Town Law, which indicates the general locations recommended for various functional classes of public works, places, and structures, and for general physical development of the Town, and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein. Corner Lot: A lot having frontage on two streets where they intersect (see Figure 1- A). Dead -End Street or Cul-de-sac: A street or a portion of a street with only one vehicular outlet. Teed Lot: A lot as described on a deed, often including land out to the centerline of the public right-of-way. Detached Room: A room which is a permanent, functional part of a dwelling unit or group quarters, but is physically separate from it on the same lot. One or more 5 Town of Groton Land Use and Development Code Article 1: Introduction detached rooms can be in a structure which is separate from the remainder of the dwelling unit or group quarters. Development: Any change made to improved or unimproved real estate, including to buildings or other structures, or site modifications such as filling, paving, excavation, or mining operations. Development Lot: A continuous unbroken lot described by the boundary lines on the Assessor's Tax Maps, but not crossing any railroad right-of-way, town right-of- way, or street. Double (or Multiple) Frontage Lot: A lot having frontage on two (or more) streets at points other than where they intersect (see Figure 1-A). Dwelling Unit: A structure designed or used for living quarters by a household, including provisions for cooking and sleeping. A dwelling unit always has its own kitchen; it usually has a separate entrance; it usually has its own bathroom; it usually has more than one room; and it may have detached rooms. Dwelling Unit - One Family: A detached dwelling containing one dwelling unit only for the use and occupation by no more than one family. Dwelling Unit - Multi -family: One or more dwellings on a single lot containing separate dwelling units for the use and occupation by three or more families. Dwelling Unit - Two Family: A detached dwelling containing no more than two dwelling units for the use and occupation by no more than two families. Easement: A strip of land over which a party has some legal rights short of ownership. e.g., an access easement: a driveway to an interior lot; a utility easement: a strip of land along which runs a utility line or overhead power transmission line. Elder Cottage Housing Opportunity (ECHO): A small, self-contained and removable dwelling, accessory to a principal dwelling, for the use of, and occupied by, elderly or disabled relatives of the occupants of the principal dwelling (see Section 320). Final Plat or Subdivision Plat: A drawing in final form, showing a proposed subdivision containing all information and detail required by law and by these regulations as specified in Sections 221, 231, and 250; the final -stage submission to the Planning Board for review, public hearing, and approval, and which, if approved, may be duly filed or recorded by the applicant in the office of the County Clerk. Flag Lot: A flag shaped lot with its widest area set back some distance from a public road, and having a thin strip of land connecting to the road to provide legal access (see Figure 1-A). A flag lot requires subdivision review (see Section 276). 0 Town of Groton Land Use and Development Code Article 1: Introduction Figure 1-A. Lots. 0 A: Corner Lot B: Double Frontage Lot C B C: Flag Lot 0 Flagpole: A narrow extension of property on. a lot from the buildable area of the lot to the public right-of-way, and which is not included in the calculation of lot area, but which may serve as access to the lot. Flood Hazard Area Combining District (FH): The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) on the current Flood Hazard Boundary Map (as applicable) is regulated by Local Law #2 of 1987 entitled "A Local Law for Flood Damage Prevention." A separate permit for Development in Flood Hazard Areas is required for any development within these areas. The maps and permit application are available at the Town Clerk's office. Frontage: A continuous unbroken lot line dividing a lot from a public right-of-way. A street line (see Figure 1-B). Front Yard: The yard between the front building line and the lot line along the principal and secondary frontages, extending the full width of the lot. Corner lots and double (multiple) frontage lots have front yards on each frontage (see Figure 1-B). Group: Any number of persons occupying group quarters or six or more unrelated persons occupying a housing unit. 7 Town of Groton Land Use and Development Code Article l: Introduction Group Quarters: A residential structure in which parts of the living accommodations are discrete units and parts are not (e.g., separate rooms for sleeping or study, shared kitchen and dining room), such as found in dormitories, monasteries, group homes, and prisons. Height: The vertical distance from finished grade to the highest point of a pitched roof. On a hillside lot, finished grade should be considered as the average finished grade on the uphill side of a structure. Home Occupation: A subordinate use of a commercial or service nature which is not detrimental to the residential character of the lot on which said home occupation is located or of the surrounding neighborhood. Home occupations shall be limited to those residential lots containing an owner -occupied dwelling. Home occupations shall consist of such things as hairdressing, tailoring, teaching, and similar activities; professional offices such as doctors, lawyers, architects and realtors; home offices attendant to other professions or trades. A home occupation shall produce no offensive noise, traffic vibration, smoke, dust, odor, heat, glare, or electronic disturbance beyond the property it occupies. The home occupation may not entail the outdoor storage of materials, equipment or other items of commerce; or the uncovered parking of more than one commercial vehicle. Household: Any number of related persons or up to five unrelated persons occupying a housing unit. Housing Unit: A discrete unit of residential space designed to be occupied by a household. A dwelling unit or a rooming unit. Housing unit does not include group quarters. Interior Lot: A lot which has no frontage on any public street. Interior Lot Line: All those lot lines other than the frontage or street line. Lot: An area of land in single ownership of record. Lot refers exclusively to development lot unless indicated otherwise. Lot Coverage: The portion of a lot that is covered by an impermeable surface. Lot Line: The boundary line of a lot. Lot of Record: A lot for which there is a map on file in the County Clerk's Office. The map must bear the County Clerk's seal with date of filing and, if applicable, the County Commissioner of Health's seal indicating approval of the lot or lots for development. Low Intensity District (L): The legislative intent of this district is to define and establish standard regulations for specific areas in the Town of Groton where residential characteristics are dominant; where a low -intensity, predominantly residential land use is considered appropriate; and where substantial restrictions on no Town of Groton Land Use and Development Code Article 1: Introduction nonresidential development is needed to achieve the desired residential development pattern. Low -Intensity Industrial District (I): The legislative intent of this district is to define and establish regulations for areas of the Town which are suitable for commercial and industrial development of a type which needs fairly large tracts of land with direct access to the state highways and which are not generally suitable to be intermixed with residential neighborhoods. It is intended that no residential development or the neighborhood -service commercial and civic services normally developed in conjunction with residential neighborhoods be allowed. Major Street: A street with the capacity to serve heavy flows of traffic and which is intended primarily as a route for traffic between heavy traffic generating areas. Major Subdivision: Subdivision of land during a three year period that results in six or more lots, or otherwise not qualifying as a rural or minor subdivision. A major subdivision may involve new public rights-of-way, utility extensions, or other new public facilities. Any cluster subdivision or other subdivision which deviates from this Code, the official map, or other Town development policy will generally be considered a major subdivision. Medium Intensity One District (M1): The legislative intent of this district is to define and establish standard regulations for the existing hamlet centers in the Town of Groton, which are predominantly residential, but where a variety of nonresidential activities are appropriate in proximity to or intermixed with the residential activities; and where, due to the closeness of structures and variety of activities, a wide range of controls will be necessary to preserve land values and protect the quality of the environment. Medium Intensity Two District (M2): The legislative intent of this district is to define and establish standard regulations for the areas in the Town of Groton where a variety of residential and nonresidential activities are appropriate, but where a higher incidence of nonresidential activities is considered appropriate. Due to the closeness of structures and variety of activities permitted in a Medium Intensity Two district, a wide range of controls will be necessary to preserve land values and protect the quality of the environment. Minor Flag Lot Subdivision: Subdivision of land during a three year period that results in one to two flag lots, one or more of which is less than 5 acres / 2 hectares, and which (1) does not include new streets, utility extensions, clustering, public open space or facilities; (2) does not conflict with this Code, the official map, or any other Town development policy; and (3) does not adversely affect use or development of adjoining land. A minor flag lot subdivision is subject to the minor subdivision process in Sections 230-239. Minor Street: A street intended to serve primarily as an access to abutting properties. Town of Groton Land Use and Development Code Article 1: Introduction Minor Subdivision: Subdivision of land during a three year period that results in three to five total lots, one or more of which is less than 5 acres / 2 hectares, and which: (1) does not include new streets, utility extensions, clustering, public open space or facilities; (2) does not conflict with this Code, the official map, or any other Town development policy; and (3) does not adversely affect use or development of adjoining land. Mobile Home: A factory -produced residential building transported to the site as a trailer or trailers, and containing one dwelling unit. Mobile Home Park: See Mobile Home Ordinance. Multiple Dwelling: A residential building containing three or more dwelling units. Nonconforming Use: A building or use of land existing on the date of enactment of this ordinance which does not comply with the permitted use, set -back, height, yard or other regulations of the zone in which said building or use is located. Notice: The Board members and the staff of the Town of Groton shall give notice of public hearings as indicated in this Code. The number of days notice required shall be defined as the number of calendar days. The day of the said hearing shall not be included in the count of days. Official Map: The map established by the Town Board pursuant to Section 270 of the Town Law, showing streets, highways, parks, and drainageways, both existing and proposed. Planned Unit Development: A diversified development project which does not fit the basic district regulations of this Code, and which is developed as an entity in such manner as to promote the general development policies of this Town. It permits activities, mixtures of activities, and densities which are not allowed by any of the district regulations in this Code. The Planned Unit Development requirements and procedure are found in Section 443. Preliminary Plat: A drawing, clearly marked "preliminary plat," showing the salient features of a proposed subdivision including information specified in Section 241; the second -stage submission to the Planning Board for purposes of its detailed consideration and public hearing. Principal Building: The building or group of buildings in which the activity on the lot is concentrated; generally the largest, most valuable, and most conspicuous building or buildings on the lot. Principal Frontage: On lots with two or more frontages, the frontage considered the main access to the lot. 10 Town of Groton Land Use and Development Code Article 1: Introduction Professional Clinic: A medical service office for two or more medical or dental private practitioners. A professional clinic may also house a medical lab. Rear Yard: The yard between the rear building line and the rear lot line, extending the full width of the lot. Triangular lots and corner lots do not have a rear yard (see Figure 1-B). Recreational Cabin: A residential building containing a rooming unit or a dwelling unit, conforming to the minimum floorspace requirement of a rooming unit, including sanitary facilities, if any, meeting Health Department requirements. Rooming Unit: A structure designed or used for living quarters by a household. A rooming unit never has its own kitchen; it may have its own bathroom; it usually has only one room; and it is usually found in the same building with other residential facilities. A rooming unit is usually found in rooming houses, hotels, and motels. Rural -Agricultural District (RA): The legislative intent of this district is to define and establish standard regulations for specific areas in the Town of Groton where rural characteristics are dominant; where farming and a mixed pattern of land use is considered an appropriate development pattern; and where some flexibility in controls is needed to enhance development potential. Rural Flag Lot Subdivision: Subdivision of land during a three year period that results in one to two flag lots, each of which is 5 acres / 2 hectares or more, and which: (1) does not include new streets, utility extensions, clustering, public open space or facilities; (2) does not conflict with this Code, the official map, or any other Town development policy; and (3) does not adversely affect use or development of adjoining land. A rural flag lot subdivision is subject to the rural subdivision process in Sections 220-229. Rural Subdivision: Subdivision of land during a three year period that results in three to five total lots, each of which is 5 acres / 2 hectares or more, and which: (1) does not include new streets, utility extensions, clustering, public open space or facilities; (2) does not conflict with this Code, the official map, or any other Town development policy; and (3) does not adversely affect use or development of adjoining land. Secondary Frontage: On lots with two or more frontages, all those frontages other than the principal frontage. Side Yard: The yard between each side building line and the side lot lines, extending from the front yard in a direction away from the principal and secondary frontages (see Figure 1-B). Sketch Plat: A sketch of a proposed subdivision showing the form, layout, roads, public facilities, and other information specified in Section 210; the first -stage submission to the Planning Board, sufficient for the proposal to be classified as to 11 Town of Groton Land Use and Development Code Article 1: Introduction type of review required and for the Board to make general recommendations as to any adjustments needed to satisfy the objectives of this Code. Street: A term used interchangeably with road, avenue, lane, and highway, among others; a public right-of-way improved or intended to be improved for traffic. Street Line: A continuous unbroken lot line dividing a lot from a public street right- of-way. Minimum frontage is measured along a street line. Street Pavement: The wearing or exposed surface of the roadway used by vehicular traffic. Street Width: The width of the right-of-way, measured at right angles to the centerline of the street. Structure: An assembly of materials located on or permanently affixed to the ground, directly or indirectly, usually including underground parts, such as a foundation, and above ground parts. A building is one type of structure. Subdivision: Division of a lot or lots into three or more lots, realignment of boundary lines between lots so as to transfer land from one lot to another, or separation of noncontiguous lots (e.g., lots transected by public or quasipublic rights-of-way) into separate lots of record without new boundary alignment. No distinction is made between subdivision and resubdivision. Temporary Sign: A sign related to a single activity or event and designed to be movable. Town Highway (all -year maintenance): A strip of land owned or controlled by the Town government for the purpose of providing access to abutting lots and providing a bed for an improved roadway which is maintained for traffic throughout the year. All Town highways (all -year maintenance) are shown on the Town of Groton official map, if one exists. Town Highway (seasonal maintenance): A strip of land owned or controlled by the Town government for the purpose of providing access to abutting lots and providing a bed for an improved roadway which is maintained for traffic only during the part of the year designated by the Town Board. All Town highways (seasonal maintenance) are shown on the Town of Groton official map, if one exists. Town Right-of-way (unimproved): A strip of land owned or controlled by the Town government for the purpose of providing access to abutting lots or for providing a bed for a future improved roadway. All Town rights-of-way are shown on the Town of Groton official map, if one exists. Unless otherwise indicated all Town rights-of- way meet current highway specifications. 12 Town of Groton Land Use and Development Code Article 1: Introduction Variance: Written authority to deviate from any of the zoning regulations, said authority to be granted by the Board of Zoning Appeals in accordance with the provisions in Article 4. Yard: The part of a lot which is open to the sky and which lies between the building line and the lot line (see Figure 1-B). Zoning District: An area of land, with precise boundaries, established for the purpose of regulating development. Figure 1-B. Yards. 0 C 3 C E C C E B B 0 13 IV A: Frontage B: Front Yard C: Side Yard D: Rear Yard E: Buildable Area of Lot Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 200. Purposes The purpose herein is to provide rules, regulations, and standards to guide the orderly subdivision of land in the Town of Groton in order to promote the public health, safety, convenience, and general welfare of the Town. It shall be administered to insure the orderly growth and development, the conservation, protection and proper parceling of land, the adequate provision of service and the safe movement of vehicles in the Town of Groton. Section 201. Declaration of Policy 201.1 By the authority of the resolution of the Town Board of the Town of Groton and pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Groton is authorized and empowered to: a. Approve plats showing lots, blocks, or sites, with or without streets or highways, b. Approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County, c. Conditionally approve preliminary plats, within that part of the Town of Groton outside the limits of any incorporated city or village, and d. Amend the lot frontage requirements in a proposed subdivision only for the purpose of reducing the frontage of lots located along the turn -around area of a cul-de-sac or for permitting flag lots. Such an amendment must be in accordance with the considerations outlined in Section 201.2. 201.2 It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things: a. that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood, or other menace, b. that proper provision shall be made for drainage, water supply, sewerage, and other needed improvements, c. that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties, d. that the proposed streets shall compose a convenient system for conforming to the official map, if such exists, and shall be of such width, grade, and location as to accommodate the prospective traffic, to facilitate fire protection, and to provide access of fire -fighting equipment to buildings, e. and that proper provision shall be made for open spaces for parks and playgrounds. 14 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 201.3 In order that land subdivisions may be made in accordance with this policy, these regulations have been adopted by the Planning Board and approved by the Town Board. Section 202. Applicability and Legal Effect 202.1 Applicability. These regulations apply to: a. All division of land into one or more flag lots or three or more total lots, whether new streets, public facilities, or utility extensions are involved or not, b . Any boundary change, c. Any other land transaction which requires filing of a plat with the County Clerk. 202.2 Legal Effect: Land Use Regulations. Whenever any subdivision of land is proposed to be made, and: a. Before any site modifications are made and b. Before any permit for the erection of a structure in such proposed subdivision is granted, The subdivider or a duly authorized agent must apply for in writing and receive approval of the proposed subdivision in accordance with this Code. 202.3 Legal Effect: Filing of Plats with County Clerk. Before any plat of land in the Town of Groton is filed with the County Clerk, the plat must be approved by the Town Planning Board in accordance with the procedures of this Article. This is a requirement of Section 279 of Town Law. 202.4 Plat Void if Revised After Approval. No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board and the Board agrees to any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk. Section 203. Types of Subdivisions This Code recognizes three types of subdivisions as defined in Section 120: rural subdivisions, minor subdivisions, and major subdivisions. These subdivisions are subject to the review and approval procedures described in this Article. 15 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 204. Coordination with County Health Department The provisions of the Tompkins County Sanitary Code do not replace nor are they replaced by the provisions of these Land Subdivision Regulations. When a sketch plat is first reviewed by the Planning Board and classified as to subdivision type, the Board may indicate to the subdivider the applicability of the Sanitary Code, however, the determination of applicability of the Sanitary Code is made by officers of the County Health Department. Section 205. Planning Board Use of Consultants and Services of County and Regional Planning Staff The Planning Board may choose at any point in the subdivision review process to retain consultants or refer to the County or regional planning staffs for review, comment, and advice on any aspect of the approval process, subdivision design, engineering specifications, or other pertinent matters. Section 206. Plat Review of Undeveloped Subdivisions The Planning Board may, on direction of the Town Board, review, for purposes of revision, those undeveloped plats which were filed with the County Clerk prior to the appointment of the Planning Board. "Undeveloped" applies to those plats where twenty percent or more of the plat is unimproved for reasons other than terrain, drainage, soil conditions, or the like. Legislative authority for such review is found in Section 276 of Town Law. Sections 207-209: reserved. Section 210. Initiation of Subdivision Review: Submission of a Sketch Plat 210.1 To initiate review and approval of any subdivision or resubdivision, an owner/ subdivider of land must submit to the Planning Board at least ten days prior to the regular meeting of the Board: a. A written request to approve the proposed subdivision, including any information the owner considers pertinent, and b. Ten copies of a sketch plat of the proposed subdivision (a sketch plat must comply with the requirements of Section 210.2) for the purpose of preliminary discussion and classification as to the type of subdivision review procedure to be followed. 210.2 The sketch plat initially submitted to the Planning Board shall be based on tax map information or some other similarly accurate base map at a scale (preferably not less than 1:2400) to enable the entire tract to be shown on one sheet. The sketch plat shall be submitted, showing the following information: 16 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations a. The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection. b. All existing structures, wooded areas, streams, wetlands, flood hazard areas, and other significant physical features, within the portion to be subdivided and within 200 feet / 60 meters thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet / 3 meters. c. The name of the owner and of all adjoining property owners as disclosed by the current tax role. d. The tax map, block, and lot numbers of all lots shown on the plat. e. All the utilities available and all streets as they appear on the official map, if such exists. f. The proposed pattern of lots (with dimensions), street layout, recreation areas, and systems of drainage, sewerage, and water supply within the subdivided area. g. All existing restrictions on the use of land, including easements, covenants, and zoning district boundary lines. 2 10. 3 The owner/subdivider, or an authorized representative, must attend the meeting of the Planning Board at which the sketch plat is presented to discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection, and similar aspects, as well as the availability of existing services and other pertinent information. 210.4 The Planning Board shall determine whether the sketch plat meets the requirements of Section 210.2 and may, if the sketch plat is insufficiently complete, reject the application with reasons given in writing. It may also make specific recommendations in writing to be incorporated by the applicant in any subsequent submission to the Planning Board. Section 211. Classification as to Type of Subdivision Review Procedure Based on an acceptable sketch plat, the subdivision is to be classified at this time by the Planning Board as to whether it is subject to the rural subdivision, the minor subdivision, or the major subdivision review procedure of these regulations. The Board may require, however, when it deems it necessary for protection of the public health, safety, and welfare, that a minor subdivision procedure include some of the requirements specified for the major subdivision procedure. See Figure 2-A for the subdivision classification procedure. 17 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Figure 2-A. Subdivision Classification Procedure. START NO New streets needed? NO Utility extension needed? NO NO I 1-2 flag lots NO Rural Subdivision: Sections 220-229 I Any conflict with Comprehensive Plan, Official Map, or Land Use Development Code? I Cluster subdivision proposed? I How many resulting lots? 1 3-5 total lots I Are any resulting lots less than 5 acres / 2 hectares? I Minor Subdivision: Sections 230-239 YES YES YES YES 6+ total lots YES Major Subdivision: Sections 240-259 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Sections 212-219: reserved. Section 220. Rural Subdivision - Review Procedure Upon determination that the proposed subdivision is to be treated as a rural subdivision, the Planning Board reviews the subdivision and acts to conditionally approve, conditionally approve with modifications, disapprove, or grant final approval (in the event the subdivider has presented as a sketch plat a document which also qualifies as a subdivision plat in accordance with the provisions of Section 231.2). Review may be concluded at a single meeting. No public hearing is required. Section 221. Rural Subdivision - Application Requirements for Plat Review In the case of a rural subdivision, the subdivision plat application shall be accompanied by a fee as established by resolution of the Town Board and shall include the following information: a. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract. b. A deed description of the proposed lots and/or a tax map with the proposed lots drawn on it with dimensions. If the Planning Board determines that it is necessary, the applicant must include an actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. c. All on-site sanitation and water supply facilities (if any) shall be designed to meet the minimum specifications of the Tompkins County Sanitary Code, and a note to this effect shall be stated on the plat and signed by an officer of the County Health Department. d. Any map submitted with the application must have on it the proposed subdivision name (if any), name of the Town and County in which the proposed subdivision is located, the date, north point, map scale, and the name and address of the owner of record and the subdivider. e. If a plat is to be filed with the County Clerk, it shall be printed upon or be clearly drawn in India ink upon mylar. The size of the sheet shall be 24 by 36 inches, or 18 by 24 inches. Section 222. Rural Subdivision - Subdivider to Attend Planning Board Meeting The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board at which the rural subdivision is presented. 19 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 223. Rural Subdivision - Planning Board Action In granting conditional approval or conditional approval with modifications, the Planning Board authorizes the Chair of the Planning Board to sign the final plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not more than two additional periods of ninety days each. Sections 224-229: reserved. Section 230. Minor Subdivision - Review Procedure If the review of the sketch plat provided for in Sections 210 and 211 results in the determination that the minor subdivision review procedure applies, the provisions in Sections 231-239 are to be followed. Review includes two required submissions by the subdivider and may include a public hearing if considered desirable by the Planning Board. Section 231. Minor Subdivision - Submission of Plat 231.1 Within six months after classification of the sketch plat as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require resubmission of the sketch plat to the Planning Board for classification. The plat shall conform to the layout shown on the sketch plat plus any recommendations made by the Planning Board. 231.2 The application shall also include the following information: a. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract. b. An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by monuments as approved by the Town Engineer, and shall be referred to and shown on the plat. c. All on-site sanitation and water supply facilities (if any) shall be designed to meet the minimum specifications of the Tompkins County Sanitary Code, and a note to this effect shall be stated on the plat and signed by an officer of the County Health Department. d. Proposed subdivision name (if any), and the name of the Town and County in which the proposed subdivision is located. 20 Town of Croton Land Use and Development Code Article 2: Land Subdivision Regulations e. The date, north point, map scale, and the name and address of the owner of record and the subdivider. f. The plat to be filed with the County Clerk shall be printed upon or be clearly drawn in India ink upon mylar. The size of the sheet shall be 24 by 36 inches, or 18 by 24 inches. Ten copies of the subdivision plat shall be presented to the Planning Board at the time of submission of the subdivision plat. 231.3 All applications for plat approval for minor subdivisions shall be accompanied by a fee established by resolution of the Town Board. 231.4 The time of submission of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Section 231.2 of these regulations, has been filed with the Planning Board. Section 232. Minor Subdivision - Subdivider to Attend Planning Board Meeting The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board at which the minor subdivision plat is presented. Section 233. Minor Subdivision - Public Hearing on Plat A public hearing may be held by the Planning Board within sixty-two days from the time of submission of the subdivision plat for approval. The hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing. Section 234. Minor Subdivision - Planning Board Action on Plat 234.1 The Planning Board shall, within sixty-two days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove, or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat. 234.2 Upon granting conditional approval with or without modification to the plat, the Planning Board shall empower the Planning Board Chair to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. 234.3 Within five days of the resolution granting conditional approval, the plat shall be certified by the Chair of the Planning Board as conditionally approved, a copy shall be filed in the Board's office, and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved plat. 21 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 2 34.4 Upon completion of the requirements in the resolution of conditional approval, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not more than two additional periods of ninety days each. Sections 235-239: reserved. Section 240. Major Subdivision - Review Procedure If it is determined in the sketch plat classification process in Sections 210 and 211 that the major subdivision review procedure applies, the provisions of Sections 241- 259 are to be followed. Review includes three required submissions by the subdivider (sketch plat, preliminary plat, and final plat) and at least one public hearing by the Planning Board. Section 241. Major Subdivision - Submission of Preliminary Plat 241.1 Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the approval of a preliminary plat of the proposed subdivision. Such preliminary plat shall be clearly marked with the words "preliminary plat," and the following documents shall be submitted for approval: a. Proposed subdivision name, name of Town and County in which the proposed subdivision is located, date, true north point, scale, and name and address of the owner of record, the subdivider, and the engineer or surveyor, including license number and seal. b. The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property. c. Zoning district, including exact boundary of districts, where applicable, and any proposed changes in the zoning district lines or the zoning regulations text applicable to the area to be subdivided. d. All parcels of land proposed to be dedicated to public use and the condition of such dedication. e. Location of existing property lines, easements, buildings, water courses, marshes, rock outcrops, wooded areas, and other significant existing features for the proposed subdivision and adjacent property. f. Location of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades, and directions of flow. 22 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations g. Contours with intervals of 5 feet / 1 meter or less as required by the Planning Board, including elevations on existing roads. Approximate grading plan if natural contours are to be changed more than 2 feet / 60 centimeters. h . The width and location of any streets or public ways or places shown on the official map or the Comprehensive Plan, within the area to be subdivided, and the width, location, grades, and street profiles of all streets or public ways proposed by the developer. i. The approximate location and size of all proposed water lines, valves, hydrants, sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Tompkins County Sanitary Code. Profiles of all proposed water and sewer lines. j . Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing or alternate means of disposal. k. Plans and cross-sections showing the proposed location and type of sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers, and storm drains, and the size and type thereof, the character, width, and depth of pavements and subbase, and the location of manholes, basins, and underground conduits. 1. Preliminary designs of any bridges or culverts which may be required. m. The proposed lot lines with dimensions and area of each lot. n. Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet / 6 meters in width, and which shall provide satisfactory access to an existing public highway or other public open space shown on the subdivision or the official map. o. An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by the land surveyor. p. If the application covers only a part of the subdivider's holding, a map of the entire tract, drawn at a scale of not less than 1:4800 showing an outline of the platted area with its proposed streets, an indication of the probable future street system with its grades and drainage in the remaining portion of the tract, and the probable future drainage layout of the entire tract shall be submitted so that the part of the subdivider's holding submitted can be considered in light of the entire holding. 23 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of Sections 276 and 277 of Town Law and this Section of this Code, except where a waiver may be specifically authorized by the Planning Board. 241.2 Ten copies of the preliminary plat shall be presented to the Planning Board at the time of submission of the preliminary plat. 241.3 The application for approval of the preliminary plat shall be accompanied by a fee to be established by resolution of the Town Board. 241.4 The time of submission of the preliminary plat shall be considered to be the date on which the application for approval of the preliminary plat, complete and accompanied by the required fee and all data required by Section 241.1 of this Code, has been filed with the Planning Board. The Chair of the Planning Board shall note the date on the preliminary plat. Section 242. Major Subdivision - Subdivider to Attend Planning Board Meeting The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board to discuss the preliminary plat. Section 243. Major Subdivision - Study of Preliminary Plat The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Comprehensive Plan, the official map, and the Land Use and Development Code. Section 244. Major Subdivision - Public Hearing and Review Within sixty-two days after receipt of a preliminary plat by the Planning Board, the Board shall hold a public hearing, which hearing shall be advertised at least once in the designated Town newspaper at least five days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Section 245. Major Subdivision - Planning Board Action on Preliminary Plat 245.1 Within sixty-two days after the date of the public hearing, the Planning Board shall approve with or without modification or disapprove the preliminary plat. The grounds of a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. 24 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 245.2 Conditional Approval of Preliminary Plat. When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval , if any, with respect to: a. Modifications to the preliminary plat, which shall be stated in writing, b. The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, and welfare, and c. The amount of improvement or the amount of all bonds which it will require as a prerequisite to the approval of the final subdivision plat. 245.3 Within five days of the approval of such preliminary plat, it shall be certified by the Chair of the Planning Board as having been granted preliminary approval, and a copy filed in the Board's office and a certified copy mailed to the owner. 245.4 Effect of Approval of Preliminary Plat. Approval of a preliminary plat shall not constitute approval of the final subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final subdivision plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this Code. 245.5 Further Changes May Be Required. Prior to approval of the final subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing. 245.6 Failure of the Planning Board to act within the time period prescribed in Section 245.1 shall constitute approval of the preliminary plat. Sections 246-249: reserved. Section 250. Major Subdivision - Final Plat Application 250.1 The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the final subdivision plat in final form, using the approved application blank available from the Town business office. If the final subdivision plat is not submitted for approval within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final subdivision plat and require resubmission of the preliminary plat. 250.2 A subdivider intending to submit a final plat for the approval of the shall provide the Planning Board with a copy of the application and plat (one in ink on mylar or an acceptable equal), the original and offers of cession, covenants, and agreements, and two prints of drawings. 25 Planning Board ten copies of the one copy of all all construction Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 250.3 The time of submission of the final subdivision plat shall be considered to be the date on which the application for approval of the final plat, complete and accompanied by the required fee and all data required by Section 250.4 of this Code, has been filed with the Planning Board. 250.4 The final plat to be filed with the County Clerk shall be printed upon mylar. The size of the sheets shall be 24 by 36 inches or 18 by 24 inches and shall have a margin of 2 inches for binding, outside of the border, along the sides. The final plat shall be drawn at a scale of no more than 1:1200, and oriented with the north point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible. The plat shall show: a. Proposed subdivision name or identifying title, the name of the Town and County in which the proposed subdivision is located, the name and address of the owner of record and the subdivider, and the name, license number, and seal of the licensed land surveyor. b. Street lines, pedestrian ways, lots, reservations, easements, and areas to be dedicated to public use. c. Sufficient data acceptable to the Town Engineer to determine readily the location, bearing, and length of every street line, lot line, boundary line, and to reproduce such lines upon the ground. Where applicable, these should be referred to monuments included in the State system of plane coordinates, and in any event should be tied to reference points previously established by a public authority. d. The length and bearing of all straight lines, radii, length of curves, central angles of curves, and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot or in the international system of measures (metric). The plat shall show the boundaries of the property, location, graphic scale, and true north point. e. The plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces title to which is reserved by the developer. For any of the latter there shall be submitted with the final subdivision plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefor. f. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice. g. Permanent reference monuments shall be shown and shall be constructed in accordance with specifications of the Town Engineer. When referred to the State system of plane coordinates they shall also conform to the requirements of the State 26 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Department of Public Works. They shall be placed as required by the Town Engineer and their location noted and referred to upon the final plat. h. All lot corner markers shall be permanently located satisfactorily to the Town Engineer. i. Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided; and at all street intersections, angle points in street lines, points of curve, and such intermediate points as shall be required by the Town Engineer. j. Construction drawings including plans, profiles, and typical cross-sections as required, showing the proposed location, size and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and subbase, manholes, catch basins, and other facilities. Section 251. Major Subdivision - Endorsement of State and County Agencies Water and sewer facility proposals contained in the final subdivision plat shall be properly endorsed and approved by the Tompkins County Department of Health. Applications for approval on plans for sewer or water facilities will be filed by the subdivider with all necessary Town, County, and State agencies. Endorsement and approval by the Tompkins County Department of Health shall be secured by the subdivider before official submission of the final subdivision plat for approval by the Planning Board. Section 252. Major Subdivision - Public Hearing and Review of Final Plat Within sixty-two days of the submission of a major subdivision final plat in final form for approval, a public hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before the hearing, provided however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Section 245, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modifications, the Planning Board may waive the requirement for such public hearing. Section 253. Major Subdivision - Planning Board Action on Final Plat 253.1 Actions by Planning Board. The Planning Board action shall be by resolution to conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of the plat by the Chair of the Planning Board. The action is to be taken within sixty-two days after the public hearing, if one was held, and if no public hearing was held, within sixty-two days of receipt of the plat by the Planning Board. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefore shall be deemed approval of the plat. 27 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 253.2 Conditional Approval. Upon resolution of conditional approval of the final plat, the Planning Board shall empower the Chair to sign the plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the plat shall be certified by the Chair of the Planning Board as conditionally approved and a copy filed in the Board's office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. 2 5 3.3 Certification by Chair of Planning Board. Upon completion of such requirements the plat shall be signed by the Chair of the Planning Board. 253.4 Expiration of Approval. Conditional approval of a final plat shall expire ISO days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not more than two additional periods of ninety days each. Section 254. Major Subdivision - Required Improvements Before the Planning Board grants final approval of the final subdivision plat, the subdivider shall follow the procedure set forth in either Section 254.1 or 254.2 below. 2 54.1 In an amount set by the Planning Board, the subdivider shall either file with the Town Clerk a certified check to cover the full cost of the required improvements OR the subdivider shall file with the Town Clerk a performance bond to cover the full cost of the required improvements. Any such bond shall comply with the requirements of Section 277 of the Town Law and further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed. 254.2 The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. 254.3 The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Section 254.2, then the map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the W Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations subdivider elects to provide a bond or certified check for all required improvements as specified in Section 254.1, such bond shall not be released until such a map is submitted. Section 255. Major Subdivision - Modification of Design Improvements If at any time before or during construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of the required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this Section in writing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting. Section 256. Major Subdivision - Inspection Fee At least five days prior to commencing construction of required improvements the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when they propose to commence construction of the improvements so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board. Section 257. Major Subdivision - Installation and Inspection of Improvements If the Town Engineer finds, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector, and Planning Board. The Town Board shall then notify the subdivider and, if necessary, the bonding company, and take all necessary steps to preserve the Town's rights under the bond. No subdivision plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved subdivision plat. Section 258. Major Subdivision - Final Approval of Plat 258.1 Signature from Planning Board. Upon completion of the requirements in Sections 250- 257 and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and may be filed by the applicant in the office of the County Clerk. 258.2 Prompt Filing. Any subdivision plat not so filed or recorded within sixty-two days of the date upon which the plat is approved or considered approved by reasons of the failure of the applicant to act, shall become null and void. 29 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 258.3 Plat Void if Revised After Approval. No changes, erasures, modifications, or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk. Section 259. Major Subdivision - Public Streets and Recreation Areas 259.1 Public Acceptance of Streets. The approval of the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, or other open space shown on the subdivision plat. 259.21 Ownership and Maintenance of Recreation Areas. When a park, playground, or other recreation area has been shown on a plat, approval of the plat shall not constitute an acceptance by the Town of the recreation area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication, and provision for the cost of grading, development, equipment, and maintenance of any such recreation area. Section 260. Cluster Subdivisions 2 60. 1 Authority. Whereas pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Articles 3 and 4 of this Code in accordance with the provisions of Section 278 of Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards. 260.2 Request by Subdivider. A subdivider may request the use of Section 278 of Town Law simultaneously with or subsequent to presentation of the sketch plat as described in Sections 210 and 211. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review. Cluster subdivisions are permitted only in the RA, L, and M 1 districts. 260.3 Sketch Plat. A subdivider shall present along with a proposal in accordance with the provisions of Section 278 of Town Law a standard sketch plat which is consistent with all the criteria established by this Code, including streets being consistent with the street specifications and lots being consistent with the lot requirements. 260.4 Parks, Recreation, Open Space, or Other Municipal Purposes. If the application of this procedure results in a plat showing land available for park, recreation, open space, or other municipal purposes directly related to the plat, then necessary conditions as to ownership, use, and maintenance of such lands for their intended purposes shall be set forth by the Planning Board. 30 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 260.E Plat Submission. Upon determination that such sketch plat is suitable for the procedures under Section 278 of Town Law and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board and thereafter the Planning Board shall proceed with the required public hearings and other requirements of this Code. 260.6 Filing: Notation on Zoning Map. Upon making final approval of a plat on which provisions of Section 278 of Town Law, Cluster Subdivision, have been used, the Planning Board shall notify the officer charged with keeping the Town Zoning Map who shall make appropriate notations and references thereon. Sections 261-269: reserved. Section 270. Design Standards In considering applications for the subdivision of land, the Planning Board shall be guided by the standards set forth in the following sections. The standards shall be considered minimum requirements and may be waived by the Planning Board under circumstances set forth in Section 280. Section 271. General Considerations 271.1 Character of Land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace. 271.2 Conformity to official map and Comprehensive Plan. Subdivisions shall conform to the official map of the Town and shall be in harmony with the Comprehensive Plan. 271.3 Conformity of Street Layout and Design. All street layout and design standards shall conform to the Town Highway Specifications and to the requirements outlined in Sections 272 and 273 below. The applicant and the Planning Board should contact the Town Highway Superintendent or the Town Engineer to obtain the most current Town Highway Specifications. Section 272. Street Layout 272.1 Anile of Intersection. In general, all streets shall join each other so that the street is approximately at right angles to the street it joins. 272.2 Arrangement. The arrangement of streets in a subdivision shall provide for the continuation of principal streets of adjoining subdivisions and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic, and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water lines, and drainage facilities. No more than nineteen lots shall be located on a street that does not have at least two street connections with existing public 31 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations streets, or with streets shown on the official map, if such exists, or with streets on an approved subdivision plat for which a bond has been filed. 272.3 Block Size. Blocks generally shall not be less than 400 feet / 120 meters nor more than 1200 feet / 365 meters in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet / 250 meters in length, the Planning Board may require the reservation of an easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify at its discretion that a paved foot path be included. 272.4 Circle Drives and Loop Streets. The creation of a circle drive or loop residential streets (see Section 273.4 and 273.13) will be encouraged wherever the Planning Board finds that such types of streets are needed or desirable. The Board may require the reservation of an easement to provide for continuation of pedestrian traffic and utilities to the next street. 272.5 Future Re -subdivision Provision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Planning Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations. 272.6 Intersections with Collector or Maior Arterial Roads. Intersections with minor or secondary streets with collector or major arterial roads shall be located far enough apart so as to provide for the safe movement of traffic. 272.7 Maior Arterial Streets - Special Treatment. When a subdivision abuts or contains an existing or proposed major arterial street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a non -access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. 272.8 Minor Streets. Minor streets shall be laid out so that their use by through traffic will be discouraged. 272.9 Other Required Streets. Where a subdivision borders on or contains a railroad right-of- way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 272.10 Street Jogs. Street jogs without at least 125 feet / 40 meter centerline offsets shall not normally be permitted. 272.11 Topography - Relation to. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to 32 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. 272.12 Width, Location, and Construction. Streets shall be of sufficient width, suitably located, and adequately constructed to conform with the Comprehensive Plan, to accommodate the prospective traffic, and to afford access for fire fighting, snow removal, and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system. Section 273. Street Design 27 3. 1 As stated in Section 271.3, all required improvements shall be constructed or installed in conformance with the Town Highway Specifications. Current specifications and consultation may be obtained from the Town Highway Superintendent or the Town Engineer. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, street lights and signs, street trees, and fire hydrants, except where waivers may be requested. The Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety, and general welfare. Pedestrian easements shall be improved as required by the Town Highway Superintendent or the Town Engineer. Such grading and improvements shall be approved as to design and specifications by the Town Highway Superintendent or the Town Engineer. 273.2 Acceptance. Roads will be accepted only if they are free and clear of all liens, encumbrances, easements, and/or rights-of-way and are built in accordance with the approved plans. A written statement of acceptance must be filed by the Highway Superintendent and the Town Attorney before any road shall be accepted by the Town Board. 273.3 Crown on road. Road crown shall meet all requirements of the Town Highway Specifications. 273.4 Circle Drive Streets. Circle drive streets shall be constructed in conformance with the Town Highway Specifications. 273.5 Culverts shall be placed in natural waterways, at low spots in grade, and in other spots where required. The builder will furnish culverts and install head walls if requested by the Highway Superintendent. All culvert sizes and lengths shall be determined and culvert designs approved by the Highway Superintendent before installation. 273.6 Curve Radii. Curve radii shall meet all requirements of the Town Highway Specifications. All street right-of-way lines at intersections shall be rounded by curves as required by the Town Highway Specifications, and curbs shall be adjusted accordingly. 33 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 273.7 Ditches. Adequate ditches shall be provided by the builder. 27 3.8 Fire Hvdrants. Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York. 273.9 Flow of Vehicular Traffic Abutting Commercial Developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a district which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district. 273.10 Grades. Grades of all streets shall conform in general to the terrain, and shall be in conformance with the Town Highway Specifications. A combination of steep grades and curves shall be avoided. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Highway Superintendent or the Town Engineer so that clear visibility shall be provided for a safe distance. 273.11 Lighting Facilities shall be in conformance with the lighting system of the Town. Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Town electrical inspector. 273.12 Loop Streets. The two intersections of a loop street with the main road must meet all requirements of the Town Highway Specifications including distance separation. 273.13 Materials. All streets shall be constructed of the materials indicated in the Town Highway Specifications. 273.14 Right-of-Wav Width. Streets shall have the right-of-way and pavement widths indicated in the Town Highway Specifications. (When not indicated on the Comprehensive Plan or official map, the classification of streets shall be determined by the Board.) Additional right-of-way may be required where deep cuts or fills are needed. 273.15 Service Streets or Loading Space in Commercial Development. Paved rear service streets, or in lieu thereof, adequate off-street loading space, suitably dust free surfaced, shall be provided in connection with lots designed for commercial use. 273.16 Shoulder Width. Shoulder width shall conform to the Town Highway Specifications. 273.17 Sight Distance: Sight distance at intersections shall be at least 300 feet / 100 meters to provide for the safe flow of traffic. 34 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 273.18 Underdrains shall be placed in low wet areas where hill seepage is encountered or in other areas where required. 273.19 Utilitv Easements. Where topography is such to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. 273.20 Utilities in Streets. The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. 273.21 Visibility at Intersections. For reasons of traffic safety, no structure, fence, vegetation, or agricultural crop over 3 feet / 1 meter in height and no branches less than 10 feet / 3 meters from the ground are permitted on any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) within a triangular area formed by the lot lines along the streets to the points on the lot lines a distance of 20 feet / 6 meters from their intersections and a line connecting the points. Any fence or planting that does not conform to the requirements of this Section and which results in an obstruction to the vision of motorists must be made to conform within one year from the effective date of this Code. 273.22 Watercourses. Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Highway Superintendent or the Town Engineer. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way as required by the Town Highway Superintendent or the Town Engineer. Section 274. Street Names 274.1 Type of Name. All street names shown on a preliminary plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters. 274.2 Names to be Substantially Different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names in this County, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction sharply or at a corner without a change in street name. Section 275. Lots 275.1 Lots to be Buildable. The lot arrangement shall be such that in constructing a building in compliance with this Code, there will be no foreseeable difficulties for reasons of 35 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear. 275.2 Side Lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street or lot plan. 275.3 Corner Lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site, and to avoid obstruction of free visibility at the roadway intersection (see Section 273.21). 275.4 Driveway Access. Driveway access and grades shall conform to specifications of the applicable State, County, or Town Law. Driveway grades between the street and the setback line shall conform to the applicable specifications. See Section 276 for additional driveway specifications for flag lots. 275.5 Access from Private Streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this Code. 275.6 Monuments and Lot Corner Markers. Permanent monuments meeting specifications approved by the Town Engineer as to size, type, and installation, shall be set at such block corners, angle points, points of curves in streets, and other points as the Town Engineer may require, and the location of such monuments shall be shown on the subdivision plat. Section 276. Flag Lots 276.1 Flag lots may be approved by the Planning Board whenever the land involved is of a peculiar shape or size, is subject to unreasonable property or parcel limitations, is affected by unusual topographical location or extraordinary topographical conditions, or is devoted to such use that it is impossible, impractical, or undesirable for the subdivider to fully conform to the requirements for conventional lots. Flag lots should not be used to avoid the construction of roads if the construction of a road is feasible. Dimension regulations for flag lots are found in Sections 276.2-276.6 and replace the dimension regulations for zoning districts. 276.2 Lot Area. The minimum lot area of flag lots shall be twice the area of conventional lots. The area of the flagpole shall not be included in the calculation of lot area (see Figure 2- B). A lot without either public water or sewer shall have a minimum area of 2 acres (87,120 square feet) / 0.8 hectares. A lot with public sewer and/or public water shall have a minimum area of 1 acre (43,560 square feet) / 0.4 hectares. 276.3 Flagpoles. Flagpoles shall have a minimum width of 20 feet / 6.2 meters and a maximum width of 50 feet / 15.3 meters. Flagpoles shall be free of buildings, structures, and accessory buildings and structures. 36 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 276.4 Setbacks. Flag lots are required to have the following minimum building setbacks: Front Yard: 30 feet / 9 meters Side and Rear Yards: Primary structure: 25 feet / 7.5 meters Accessory building or structure: 6 feet / 1.8 meters Figure 2-B. Flag Lot. Rear Yard Front Yard a) w 276.E Coverage. The maximum lot coverage on flag lots shall be 30%. 276.6 Building Height. Maximum building and structure height shall be as indicated in the dimension regulations for zoning districts. 276.7 Driveways. Driveways shall have a maximum length of 1,000 feet / 307 meters, as measured from the pavement of the public road. 276.8 Shared Driveways. If two to four flag lots are proposed in an area, a shared driveway will be encouraged to prevent side by side driveways and multiple entry points to the public road. 276.9 Land Use. Only one and two family dwellings and their accessory uses are permitted on flag lots. 37 ........................................................... ........................................................... Buildable Area Front Yard a) w 276.E Coverage. The maximum lot coverage on flag lots shall be 30%. 276.6 Building Height. Maximum building and structure height shall be as indicated in the dimension regulations for zoning districts. 276.7 Driveways. Driveways shall have a maximum length of 1,000 feet / 307 meters, as measured from the pavement of the public road. 276.8 Shared Driveways. If two to four flag lots are proposed in an area, a shared driveway will be encouraged to prevent side by side driveways and multiple entry points to the public road. 276.9 Land Use. Only one and two family dwellings and their accessory uses are permitted on flag lots. 37 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 277. Drainage Improvements 277.1 Removal of Spring and Surface Water. The subdivider may be required by the Planning Board to carry away by pipe or watercourse any spring or surface water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width. 277.2 Drainage Structure to Accommodate Potential Development Upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential run-off from the entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of the facility based on anticipated run-off from a ten-year storm under conditions of total potential development permitted by this Code in the watershed. 277.3 Responsibility for Drainage Downstream. The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision; this study shall be reviewed by the Town Engineer. Where it is anticipated that the additional run-off incident to the development of the subdivision will overload an existing downstream drainage facility during a five-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of such condition. 277.4 Land Subject to Flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life, or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation, or improved in a manner satisfactory to the Planning Board to remedy the hazardous conditions (see local Town Law concerning regulation of development in Flood Hazard Areas). Section 278. Parks, Open Spaces, and Natural Features 278.1 Recreation Areas Shown on the Official Map. Where a proposed park, playground, or open space shown on the official map is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Section 278.2. Such area or areas may be dedicate to the Town or County by the subdivider if the Town Board approves such dedication. 278.2 Parks and Playgrounds Not Shown on the Official Map. The Planning Board shall require that the plat shows sites of a character, extent, and location suitable for the development of a park, playground, or other recreation purpose. the Planning Board may require that the developer satisfactorily grade any such recreation areas shown on the plat. The Board shall require that not less than 3 acres / 1.2 hectares of recreation space be provided per 100 dwelling units shown on the plat, however, in no case shall the W Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations amount be more than 10 percent of the total area of the subdivision. Such area or areas may be dedicated to the Town or County by the subdivider if the Town Board approves such dedication. 27 8. 3 Information to be Submitted. In the event that an area to be used for a park or playground is required, the subdivider shall submit, prior to final approval, to the Board, ten prints (one on mylar) drawn in ink and showing, at a scale not smaller than 1:300, such area and the following features thereof: a. The boundaries of the area, giving lengths and bearing of all straight lines, radii, lengths, central angles, and tangent distances of all curves. b. Existing features such as brooks, ponds, clusters of trees, rock outcrops, and structures. c. Existing, and if applicable, proposed changes in grade and contours of the area and of areas immediately adjacent. 278.4 Waiver of Plat Designation of Area for Parks and Playgrounds. In cases where the Planning Board finds that due to the size, topography, or location of the subdivision, land for park, playground, or other recreation purpose cannot be properly located therein, or if in the opinion of the Board it is not desirable, the Board may waive the requirement that the plat show land for such purposes. The Board shall then require as a condition to approval of the plat a payment to the Town of Groton of two hundred dollars ($200) per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Section 278.2. Such amount shall be paid to the Town Board at the time of final plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that: a. Is suitable for public park, playground, or other recreational purposes, and b. Is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies, and c. Shall be used for park, playground, or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, providing the Planning Board finds there is a need for such improvements. 278.5 Reserve Strips Prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself shall be prohibited. 39 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 278.6 Preservation of Natural Features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, water courses and falls, beaches, historic spots, vistas, and similar irreplaceable assets. No tree with a circumference of 25 inches / 60 centimeters or more as measured 3 feet / 1 meter above the base of the trunk shall be removed unless the tree is within the right-of-way of a street as shown on the final subdivision plat. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a tree with a circumference of 25 inches / 60 centimeters or more as measured 3 feet / 1 meter above the base of the trunk be removed without prior approval by the Planning Board. Sections 278-279: reserved. Section 280. Waivers of Certain Required Improvements Where the Planning Board finds that due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety, and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the official map, the Comprehensive Plan, or the Land Use and Development Code. In granting waivers, the Planning Board shall require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements so waived. HE Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 300. Purposes This Code is made in accordance with the Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefore; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. This Code has been made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town (New York State Town Law, Section 263). Section 301. Development and Occupancy This Code applies throughout the Town of Groton, unless identified as district regulations, in which case the regulations apply only in the specified district. A lot may be developed, built upon, used, occupied, enlarged, moved, or structurally altered and an activity may be established on a lot only if it is done in conformance with all the general regulations and all the district regulations of the district in which the action occurs. Section 302. Land Use Activities Land Use activities appear in one of the following categories in each district: Permitted: The establishment of the activity type is allowed in the district without a site plan review and approval being required. Permitted with Site Plan Review and Approval: A special permit for the activity type is issued only on direction of the Planning Board to an applicant whose proposal meets all the general regulations, applicable district regulations, and the criteria for site plan approval (see Section 441) Prohibited: Any land use activity not in one of the two categories above is expressly prohibited. Section 303. Health Department Approval Minimum lot sizes specified in this Code are subject to approval and modification by the Tompkins County Health Department to meet applicable Health Department regulations. In areas where public sewer and/or water facilities are not available, the Health Department may require a lot to be larger than required by this Code. 41 Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 304. Anticipation of Severs In areas where public sewers are scheduled on the Capital Improvement Program to be provided within five years, the lot size regulations for area `with public sewers available' (see Sections 342-346) will be permitted in subdivision design if at least every other lot is left vacant until sewers are installed and if the subdivider has obtained County Health Department approval for such a delayed development proposal. Section 305. Mixed Use of Lots If a residential and nonresidential activity are to be located in one structure on a single lot in any district, the applicable lot area and frontage requirements for the residential activity apply and the applicable yard size, parking, sign requirements, and any other conditions for the nonresidential activity also apply. Section 306. Yard Requirements Yard area or off-street parking space provided about a building for the purpose of complying with the provisions of these regulations may not be considered to provide a yard or off-street parking space for any other building. Section 307. Clear Vision Area For reasons of traffic safety, no structure, fence, vegetation, or agricultural crop over 3 feet / 1 meter in height and no branches less than 10 feet / 3 meters from the ground are permitted on any corner lot within a triangular area formed by the lot lines along the streets to the points on the lot lines a distance of 20 feet / 6 meters from their intersections and a line connecting the points. Any fence or planting that does not conform to the requirements of this Section and which results in an obstruction to the vision of motorists must be made to conform within one year from the effective date of this Code. Section 308. Height Limits Exemption The height limitations of these regulations do not apply to church spires, belfries, cupolas, chimneys, skylights, mechanical equipment, solar energy and wind energy collection devices, silos and other farm structures, water tanks, monuments, flagpoles, utility lines, and similar features. Section 309. Rubbish and Junk All yards must be kept free of abandoned, inoperable, or unregistered vehicles and machinery, discarded appliances and furniture, all forms of rubbish and junk, and disorderly or unsightly piles of building materials, with the exception that those items associated with work in progress and one unregistered vehicle are permitted on a lot. 42 Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 310. Fuel Tanks Open-air fuel tanks for a residential building may not be located in the front yard. Section 311. Street Numbers All principal buildings must have conspicuously displayed street numbers as listed in the directory published by the Town. Section 312. Porches and Covered Terraces In determining the percentage of open space required or the size of yards, a porch or covered terrace, which is open at the sides but roofed, is included in the lot coverage, but is not considered part of the building. Section 313. Fences and Walls The requirement in the district regulations (Sections 342-346) that certain areas of the lots be left as open yards does not apply to steps, decks, unroofed porches, terraces, or similar accessory facilities, or fences or walls less than 6 feet / 2 meters high above the natural grade. However, this Section does not replace the requirements of Section 307, Clear Vision Areas, where it applies, or the requirements for maximum allowed lot coverage. Section 314. Excavations, Abandoned Construction, and Derelict and Destroyed Structures 314.1 No construction excavations shall remain open or uncovered for more than thirty days after the date on which the construction work ceased, as determined by the Code Enforcement Officer. 314.2 Any structure determined by the Code Enforcement Officer to be derelict (and therefore a hazard to the health, safety, and general welfare of the community) must be demolished or substantial progress must be made to bring the structure in conformance to the New York State Uniform Building Code within thirty days of the date on which the owner is notified by official correspondence that the facility is derelict. 314.3 Any excavation or exposed cellar hole remaining after the destruction of a structure from any cause must be covered or filled within thirty days except that in the case of a structure being deliberately demolished, any excavation or exposed cellar hole must be filled or covered at the time of demolition work. 314.4 Fencing or similar safety measures must be provided around excavations, derelict buildings, damaged structures, construction sites, and other hazardous sites, immediately upon the determination by the Code Enforcement Officer that it is necessary in the interest of public safety. 43 Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 315. Offstreet Parking Regulations 315.1 Offstreet parking facilities must be provided for newly established activities as specified in this Section. An offstreet parking space must be paved or graveled, drained, maintained, and provided with necessary access driveways. The minimum size of an offstreet parking space is 8 feet / 2.5 meters by 20 feet / 6 meters. Offstreet parking requirements may not be met with spaces on the public right-of-way. All required parking space is considered to be required space on the lot on which it is located, unless otherwise stipulated, and must not be encroached upon in any way that impairs its function as required offstreet parking. 315.2 Parking facilities are required according to the following schedule: a. 2 parking spaces per dwelling unit, plus b. 1 parking space per rooming unit, plus c. 1 parking space for every 2 residents in group quarters, plus d. 1 parking space per employee, plus e. 1 parking space per 400 square feet / 40 square meters of floorspace used for a commercial activity, plus f. additional parking facilities as required by the Planning Board. Section 316. Signs 316.1 Purpose. The intent and purpose of this Section is to establish specifications for the provision of signs in the Town of Groton which will permit proper identification, preserve and enhance the visual character and quality of the area, and prevent installations which are particularly distracting and hazardous to vehicular traffic. 316.2 Temporary Signs. Excluding temporary construction, political and realty signs, temporary signs shall be permitted for a period not exceeding six weeks prior to the activity or event nor exceeding four days after the activity or event. 316.3 Illumination. No illuminated sign shall be permitted or installed or allowed to continue which, by its design, would be distracting or hazardous to vehicular traffic. Signs illuminated by or incorporating flashing lights are not permitted. 316.4 Height. No sign may be higher than the overall height of the structure of which it is an accessory, or 25 feet / 7.5 meters from the ground, whichever is higher. 316.5 Maintenance. All signs must be properly repaired and painted as necessary to maintain their appearance. If such repairs or painting is not provided by the owner, the Town Board may order removal of the sign after the owner has received written notice. Town of Groton Land Use and Development Code Article 3: Land Use Regulations 316.6 Area of Sign Face. The permitted total area of the face of signs, counting doublefaced signs as one face, is the same for all districts but is different for different types of signs and for different activity types. On lots with more than one type of sign, the size restriction for the type of sign with the largest permitted total area applies. If a sign is irregular in shape or consists of independent, detached letters or symbols, the area of the sign face is determined by measuring the area within a polygon completely enclosing the sign or symbol as they are intended to be installed. In determining the permissible area of any sign, only one side of a two-sided sign need be measured. 316.7 Size -and Number of Signs. The maximum size and the maximum number of signs on any property shall be regulated according to the following guidelines, except as may be approved by the Planning Board following the procedure as specified in Section 441, Site Plan Review and Approval. Zone Number Sizes RA 2 50 square feet / 5 square meters L 1 6 square feet / 0.5 square meter Mi 1 12 square feet / 1 square meter M2 1 12 square feet / 1 square meter I 2 50 square feet / 5 square meters Sections 317-319: reserved. Section 320. Elder Cottage Housing Opportunity (ECHO) 320.1 Purpose. It is the purpose and intent of this section to allow by special permit the installation of ECHO units as accessory uses on the same lots with one and two family dwellings. 320.2 Use Limitations. An ECHO unit shall not be occupied by more than two persons: a. who shall be the same persons enumerated on the application for the ECHO unit, b. who shall be persons 62 years of age or older or who shall have a doctor's statement that such persons are unable to live independently, and c . at least one of which shall be related by blood, marriage, or adoption to one of the owners and occupants of the principal dwelling on the lot where the ECHO unit is located. Subsequently, if the ECHO unit occupant who is related to one of the owners or occupants of the principal dwelling no longer occupies the ECHO unit, the permit may be renewed for the other ECHO unit occupant, even if the person is not related. 45 Town of Groton Land Use and Development Code Article 3: Land Use Regulations 320.3 Unit Size. a. The ECHO unit shall not exceed 750 square feet in total floor area. b . Notwithstanding any other provisions of this Code, the minimum size of an ECHO unit occupied by one person may be reduced to no less than 250 square feet / 77 square meters of enclosed floor area. The minimum size of an ECHO unit occupied by two persons may be reduced to no less than 400 square feet / 123 square meters of enclosed floor area. c. The ECHO unit shall not exceed one story in height and under no circumstances shall the total height exceed 20 feet / 6 meters. 320.4 Location Requirements. a. An ECHO unit shall, subject to the further limitations of this Code, be located only on a lot where there already exists a one or two family dwelling. b. No ECHO unit shall be located within the front yard of any lot. c. No more than one ECHO unit shall be located on any lot. d. The ECHO unit shall be otherwise in conformity with all other provisions of this Code, including lot coverage and side and rear yard setbacks. 320.5 Building Requirements. a. An ECHO unit shall be clearly subordinate to the principal dwelling on the lot, and its exterior appearance and character shall be in harmony with the existing principal dwelling. b. An ECHO unit shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code. If an ECHO unit is a factory manufactured home or component, in addition to complying with any other law, it shall bear an Insignia of Approval or other equivalent, legally recognized evidence of compliance with applicable laws, issued by the New York State Fire Prevention and Building Code Council or the New York State Division of Housing and Community Renewal. c. An ECHO unit shall be constructed so as to be easily removable. The unit's foundation shall be of easily removable materials so that the lot may be restored to its original use and appearance after removal with as little expense as possible. No permanent fencing, walls, or other structures shall be installed or modified that will hinder removal of the cottage from the lot. d. Adequate water supply and sewage disposal arrangements shall be provided, which may include connections to such facilities of the principal dwelling and which must be approved by the Tompkins County Health Department. If an ECHO unit is Town of Groton Land Use and Development Code Article 3: Land Use Regulations located in an area where electrical, cable, and/or telephone utilities are underground, such utilities serving the unit shall also be underground. e. It shall be disclosed at the time of application whether the proposed inhabitants of an ECHO unit will have a car. If so, adequate area for parking shall be required for the expected number of cars. 320.6 Issuance of Special Permit. The construction or placement of an ECHO unit on a lot shall not occur until the Planning Board has granted site plan approval and has instructed the Code Enforcement Officer to issue a special permit (see Sections 440- 442). The special permit shall be for a period of two years (unless earlier terminated as set forth in Section 320.7) and thereafter may be renewed every two years by the Code Enforcement Officer upon receipt of an application for same, provided that the circumstances at the time of original application have not changed. If the circumstances at the time of the original application have changed, site plan review and approval by the Planning Board is required. The application for issuance of a special permit for an ECHO unit shall contain such information as the Planning Board may require to adequately review the proposed unit, but shall contain at a minimum: a. Name of the owner of the lot. b. Name of the occupants of the principal dwelling. c. Name of the proposed occupants of the ECHO unit. d . Age of the proposed occupants of the ECHO unit. e. Relationship of the ECHO unit occupants to the owners and occupants of the principal dwelling. f. Sketch plan as described in Section 441.3. g. Agreement to remove the ECHO unit when it no longer qualifies as such. h. Consent for the Town to enter on the property and to remove the ECHO unit if the owner fails to timely remove it, as set forth in Section 305.7. 320.7 Expiration of Special Permit. The special permit shall terminate ninety days after: a. the death or permanent change of residence of the original occupant or occupants of the ECHO unit, or b. any of the occupancy requirements set forth in this Section are no longer met. M Town of Groton Land Use and Development Code Article 3: Land Use Regulations Without limiting other evidence of a permanent change of residence, continuous absence from the ECHO unit of a person for a period of ninety consecutive days shall be considered to be a permanent change of residence. During the ninety day period following any of the events set forth in a and b above, the ECHO unit, including its foundation, shall be removed, and the site shall be restored so that no visible evidence of the ECHO unit and its accessory elements remains, or a new application for an ECHO unit shall be submitted. If the ECHO unit has not been removed by the end of the ninety day period, in addition to the existing sanctions in the Code, actions to insure removal may be taken, including removal and salvage by the Town with any costs incurred charged to the owner of the lot. Sections 321-329: reserved. Section 330. Establishment of Districts For the purposes specified in Section 300 of these regulations and in accordance with Section 262 of New York State Town Law, the following districts are hereby established in the Town of Groton. Districts are mapped as shown on the Groton Zoning Map is included in Section 335. Section 331. Basic Districts Basic districts regulate the general pattern of development in the Town. All of the Town is in one or another of these basic districts: Rural -Agricultural (RA), Low Intensity (L), Medium Intensity One (Ml), Medium Intensity Two (M2), and Low - Intensity Industrial (I). See Section 120 for the definitions of these districts. Section 332. Flood Hazard Area Combining District: FH The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) on the current Flood Hazard Boundary Map (as applicable) is regulated by Local Law #2 of 1987 entitled "A Local Law for Flood Damage Prevention." A separate permit for development in Flood Hazard Areas is required for any development within these areas. The maps and permit application are available at the Town Clerk's office. Section 333. Planned Unit Development A Planned Unit Development district is established when a developer applies for it and the Planned Unit Development procedure set forth in Section 443 is completed. The Planning Board reviewing an application may decide that due to the scale, expected impact, location, or other factors, the application should be resubmitted as a Planned Unit Development proposal. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Establishment of a Planned Unit Development district constitutes an amendment to the Zoning Map, in that it replaces all of the district regulations with the provisions of the Planned Unit Development amendment adopted according to the procedure set forth in Section 443. Planned Unit Development districts are identified individually, e.g., PUD -1, PUD -2, etc. and are described in Sections 350ff. Section 334. Interpretation of the Zoning Map In determining boundaries of zoning districts, the Code Enforcement Officer uses the following guidelines: a. Boundary lines are intended to follow centerlines of streams, streets, and roads as shown on plots of record at the time these regulations became effective. b. Where the Zoning Map indicates a boundary approximately following a lot line, the lot line is the boundary. c. Where boundaries are shown approximately parallel to a street, highway, or railroad, they are intended to be parallel and at a distance from the street, highway, or railroad right-of-way as indicated on the Zoning Map. If no dimensions are shown, the distance is to be scaled on the Map. d. When a lot is divided by a district boundary, the regulations and requirements of either district may be extended as the applicant chooses for a distance of 100 feet / 30 meters beyond the district boundary, but not across any lot line. Section 335. Town of Groton Zoning Map For reference, the Town of Groton Zoning Map, adopted under the authority of New York State Town Law, Section 264, is included here. [Insert Zoning Map on following page] Section 336-339: reserved. WN Town of Groi.,n ZMap Prepared by the Tompkins County Planning Departrnent April, 1995 RA District L District M1 District M2 District I District - - �— - -- - � - — - - Devlen - "�� , ,�— - � --- Sears Road — - — - - Stauber Road - - -- --- - - -- - �i 38 Talmadge 13 I� �� r - r°tOn z ¢ Road o- m a o- $ ,uYtir -- - CL 0 o 3 West - Groton Road `®\_ f Clark Street Extension 5' Fuller i �v r— E n `� a Ind -- 10 0 ` Wickham ,. --_ Old _ Stage "f 1 Cr Road I °17 Nei .4 222 Cortland Road cL O� o Spring Street Extension \\` t ,$ Ogden Road CD �ZpO� -- _ - si -n - -- �� Elm Street Ex�en o Durfee ( — _j ) o I N�' . .3 0 C m < 1O �� W , Q c Sovocool Hill Road ` o 10 ao i w m --Davis Road @ f _ o `\ x W0' `. ExtD j' a Pleasant °� Road 50Q- 5o0 Torok a ^ Stevens Road .� - _ �t J$`� . � Road o --- a o ,o s `� 01m cc Cr� `�- - Ce Q; S00500, 1. C' G° a o �, ��e o w,,r� m to �� 4 vA oLsa�ad Brown j Road Q. m ��'i =°- �e �� _�_ X50 Vr o M� ?° o_ O/r CL m+ -,*` . p _ — — Peruville _ Lansing Road �) !fid PeruviIle Rd, W. _ - — - _ O ---- - - - - -" -- - _ Peruville -McLean Road - - -- - — - � - --_— 500' 15001 Sobers Road Old Peruville Rd. E. School Street Gulf Hill Road 0 2000 4000 feet Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 340. District Regulations For the purposes specified in Section 300, the Town of Groton is divided into districts. Within each district the regulations are uniform, but the regulations may differ fiva.L one district to another. Basic district regulations, which regulate the general pattern of development in the Town, are found in Sections 341-346. There are two general kinds of basic district regulations: 1. Land Use regulations, which are expressed in terms of Land Use Activities. These regulations are found in tabular form in Section 341. 2. Dimension regulations, relating to minimum area, yard depth, frontage on a public road, and maximum height of a structure. These regulations are found in Sections 342-346. Section 341. Land Use Activities The following table lists the land use activities permitted in the Town of Groton and specifies the basic district in which each activity is permitted. Each activity is subject to all of the general and special regulations related to the basic district in which the land use activity is located. An asterisk indicates that a site plan review is required. LAND USE ACTIV n'ihS Crop farming. Commercial gardening, plant nurseries and greenhouses. Dairy farming. Poultry farming. Commercial raising of livestock. Keeping of customary household pets. Keeping of horses and ponies. Kennels and facilities for the commercial boarding of animals. 51 BASIC DISTRICTS WHERE ACITV 11 itS ARE PERNtl 1 1 hu RA L M1 M2 I RA L* I RA L I RA L I RA L I RA L M1 M2 I RA L I RA L* Town of Groton Land Use and Development Code Article 3: Land Use Regulations LAND USE ACTTV1'1'IES BASIC DISTRICTS VIRE ACTTV 1, t ihS ARE PERMr t -1 rau Veterinary hospital. RA* L* I* Roadside produce stands in operation less than ninety days per year. RA L M1 M2 I One family dwelling units. RA L M1 M2 Two family dwelling units, owner occupied RA L M1 M2 Two family dwelling units, not owner occupied RA L* M 1 * M2* Multi -family dwelling units including apartments and condos. RA* L* M1* M2* ECHO units. RA* L* M1* M2* Accessory apartment. RA L* Ml* M2* Group quarters. RA* L* Mobile home parks when developed in accordance with the Town's Mobile Home Ordinance. RA* Home occupations (employees permitted). RA* M1* M2* Home occupations (employees not permitted). RA* L* M1* M2* Governmental buildings, fire stations, and schools. RA* L* Ml* M2* Churches. RA* L* M1* M2* Cemeteries. RA* L* M1* M2* Parks and playgrounds. RA L* M1* M2* Public or private commercial outdoor recreational activities. RA* I* Bowling alleys, theaters and similar commercial indoor recreation. RA* M1* M2* 52 Town of Groton Land Use and Development Code Article 3: Land Use Regulations LAND USE ACTIVITIES Hospitals, nursing/convalescent homes and other such buildings/institutions. Professional clinics. Funeral homes. Motels. Rooming houses and tourist homes. Recreational cabins. Campgrounds. Marine and water oriented sales, service and storage. Vehicle fee parking. Professional offices or studios. Banks and similar financial services. Retail sales of convenience goods (such as groceries, gas stations, drug sundries) and personal services (such as self-service laundromats, dry cleaning drop stations, shoe repairing). Retail sales of wearing apparel, hardware, furniture, appliances and similar goods to meet the occasional or special shopping needs of the larger community. Eating and drinking establishments including drive-in restaurants. Car washes and similar automobile establishments. New and used car sales, automobile repair and service garages, except gasoline service stations. 53 BASIC DISTRICTS WHERE ACTIVITIES IES ARE PERMI 1-1 ED RA* L* M1* M2* RA* L* M 1 * M2* RA* L* M 1 * M2* RA* M1* M2* RA* M 1 * M2* RA RA* RA* L* M1* M2* I* RA* L* M1* M2* I* RA* L* M1* M2* RA* L* M 1 * M2* RA* L* M1* M2* RA* L* M1* M2* RA* M1* M2* I* RA* M1* M2* I* RA* M1* M2* I* Town of Groton Land Use and Development Code Article 3: Land Use Regulations LAND USE ACTIVITIES BASIC DISTRICTS WHERE ACTIV 1T1E S ARE PERMIT 1-1.hO Mobile home sales. RA* M2* Warehouse facilities for the storage or wholesaling of goods or material. RA* M1* M2* I* Sale and storage of lumber and building supplies. RA* Ml* M2* I* Printing, plumbing, heating, electrical and similar establishments. RA* M1* M2* I* TV and radio transmission towers. RA* L* I* Commercial assembly of products. RA* Ml* M2* I* Industrial and manufacturing establishments which produce minimal noise, odor and glare, do not require outside storage of raw material or finished products, and produce no indu-s -ial wastes which reduce the quality of air/water/land. RA* M1* M2* I* Agriculture, industrial, educational research activity and the design and production of prototype models. RA* M1* M2* I* Industrial equipment sales/services. RA* Ml* M2* I* Agricultural equipment sales/services. RA* M1* M2* I* Commercial excavation of sand and gravel or other natural deposits and quarrying of rock. RA* Commercial wood processing. RA* I* 54 Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 342. Rural -Agricultural District (RA) 342.1 Intent. The legislative intent of the Rural -Agricultural district and the following regulations is to define and establish standard regulations for specific areas in the Town of Groton where rural characteristics are dominant; where farming and a mixed pattern of land use is considered an appropriate development pattern; and where some flexibility in controls is needed to enhance development potential. 3 42. 2 Dimension Regulations. a. Lot without either public sewer or public water 1. Lot Area: 1 acre (43,560 square feet) / 0.4 hectares minimum 2. Frontage: 150 feet / 46 meters minimum b . Lot with public sewer and/or public water 1. Lot Area: 1/2 acre (21,780 square feet) / 0.2 hectares minimum 2. Frontage: 100 feet / 31 meters minimum c. Minimum size dwelling 1. Must meet requirements of the New York State Uniform Building Code (Title 9) 2. No separate dwelling unit within a structure may be less than 200 square feet / 62 square meters d . Minimum yard depth Front Yard: 30 feet / 9 meters from front lot line. On corner lots, one front yard may be 24 feet / 7.5 meters. Side Yard: Primary structure: 8 feet / 2.4 meters. Sum of two side yards must be at least 20 feet / 6 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. Rear Yard: Primary structure: 25 feet / 7.5 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. 55 Town of Groton Land Use and Development Code Article 3: Land Use Regulations e. Maximum building and structure dimensions Height: Primary structure: 35 feet / 10.5 meters Detached accessory building or structure: 12 feet / 3.6 meters; less with site plan review. See Section 308 for list of exemptions from height regulations. Maximum lot coverage: Nonresidential lot: 40% Residential lot: 30% Section 343. Low Intensity District (L) 343.1 Intent. The legislative intent of the Low Intensity district and the following regulations is to define and establish standard regulations for specific areas in the Town of Groton where residential characteristics are dominant; where a low -intensity, predominantly residential land use is considered appropriate; and where substantial restrictions on nonresidential development is needed to achieve the desired residential development pattern. 343.2 Dimension Regulations. a. Lot without either public sewer or public water 1. Lot Area: 1 acre (43,560 square feet) / 0.4 hectares minimum 2. Frontage: 150 feet / 46 meters minimum b . Lot with public sewer and/or public water 1. Lot Area: 1/2 acre (21,780 square feet) / 0.2 hectares minimum 2. Frontage: 100 feet / 31 meters minimum c. Minimum size dwelling 1. Must meet requirements of the New York State Uniform Building Code (Title 9) 2. No separate dwelling unit within a structure may be less than 200 square feet / 62 square meters d . Minimum yard depth Front Yard: 30 feet / 9 meters from front lot line. On corner lots, one front yard may be 24 feet / 7.5 meters. W Town of Groton Land Use and Development Code Article 3: Land Use Regulations Side Yard: Primary structure: 8 feet / 2.4 meters. Sum of two side yards must be at least 20 feet / 6 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. Rear Yard: Primary structure: 25 feet / 7.5 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. e. Maximum building and structure dimensions Height: Primary structure: 3 stories or 35 feet / 10.5 meters, whichever is less. Detached accessory building or structure: 12 feet / 3.6 meters; less with site plan review. See Section 308 for list of exemptions from height regulations. Maximum lot coverage: Nonresidential lot: 40% Residential lot: 30% Section 344. Medium Intensity One District (M1) 344.1 Intent. The legislative intent of the Medium Intensity One district and the following regulations is to define and establish standard regulations for the existing hamlet centers in the Town of Groton which are predominantly residential, but where a variety of nonresidential activities are appropriate in proximity to or intermixed with the residential activities; and where, due to the closeness of structures and variety of activities, a wide range of controls will be necessary to preserve land values and protect the quality of the environment. 344.2 Dimension Regulations. a. Lot without either public sewer or public water 1. Lot Area: 1 acre (43,560 square feet) / 0.4 hectares minimum 2. Frontage: 150 feet / 46 meters minimum b. Lot with public sewer and/or public water 1. Lot Area: 1/2 acre (21,780 square feet) / 0.2 hectares minimum 2. Frontage: 100 feet / 31 meters minimum 57 Town of Groton Land Use and Development Code Article 3: Land Use Regulations c. Minimum size dwelling 1. Must meet requirements of the New York State Uniform Building Code (Title 9) 2. No separate dwelling unit within a structure may be less than 200 square feet / 62 square meters d. Minimum yard depth Front Yard: 30 feet / 9 meters from front lot line. On corner lots, one front yard may be 24 feet / 7.5 meters. Side Yard: Primary structure: 8 feet / 2.4 meters. Sum of two side yards must be at least 20 feet / 6 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. Rear Yard: Primary structure: 25 feet / 7.5 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. e. Maximum building and structure dimensions Height: Primary structure: 3 stories or 35 feet / 10.5 meters, whichever is less. Detached accessory building or structure: 12 feet / 3.6 meters; less with site plan review. See Section 308 for list of exemptions from height regulations. Maximum lot coverage: Nonresidential lot: 80% Residential lot: 50% Section 345. Medium Intensity Two District (M2) 345.1 Intent. The legislative intent of the Medium Intensity Two district and the following regulations is to define and establish standard regulations for the areas in the Town of Groton where a variety of residential and nonresidential activities are appropriate, but where a higher incidence of nonresidential activities is considered appropriate. Due to the closeness of structures and variety of activities permitted, a wide range of controls will be necessary to preserve land values and protect the quality of the environment. W Town of Groton Land Use and Development Code Article 3: Land Use Regulations 345.2 Dimension Regulations. a. Lot without either public sewer or public water 1. Lot Area: 5 acres (217,800 square feet) / 2 hectares minimum 2. Frontage: 300 feet / 92 meters minimum b. Lot with public sewer and/or public water 1. Lot Area: 3 acres (130,680 square feet) / 1.2 hectares minimum 2. Frontage: 200 feet / 62 meters minimum c . Minimum size dwelling 1. Must meet requirements of the New York State Uniform Building Code (Title 9) 2. No separate dwelling unit within a structure may be less than 200 square feet / 62 square meters d. Minimum yard depth Front Yard: 30 feet / 9 meters from front lot line. On corner lots, one front yard may be 24 feet / 7.5 meters. Side Yard: Primary structure: 8 feet / 2.4 meters. Sum of two side yards must be at least 20 feet / 6 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. Rear Yard: Primary structure: 25 feet / 7.5 meters. Detached accessory building or structure: 6 feet / 1.8 meters; less with site plan review. e. Maximum building and structure dimensions Height: Primary structure: 3 stories or 35 feet / 10.5 meters, whichever is less. Detached accessory building or structure: 12 feet / 3.6 meters; less with site plan review. See Section 308 for list of exemptions from height regulations. 59 Town of Groton Land Use and Development Code Article 3: Land Use Regulations Maximum lot coverage: Nonresidential lot: 80% Residential lot: 50% Section 346. Low Intensity Industrial District (I) 346.1 Intent. The legislative intent of the Low Intensity Industrial district and the following regulations is to define and establish standard regulations for the areas in the Town of Groton which are suitable for commercial and industrial development of a type which needs fairly large tracts of land with direct access to the state highways and which are not generally suitable to be intermixed with residential neighborhoods. It is intended that no residential development of the neighborhood -service commercial and civic services normally developed in conjunction with residential neighborhoods be allowed. 346.2 Dimension Regulations. a. Lot without either public sewer or public water 1. Lot Area: per Health Department requirements 2. Frontage: 150 feet / 46 meters minimum b . Lot with public sewer and/or public water 1. Lot Area: 1/2 acre (21,780 square feet) / 0.2 hectares minimum 2. Frontage: 100 feet / 31 meters minimum c. Minimum size building or structure 1. Must meet requirements of the New York State Uniform Building Code (Title 9) d. Minimum yard depth Front Yard: 20 feet / 6 meters from front lot line. Side Yard: Per New York State Uniform Building Code (Title 9) Rear Yard: Per New York State Uniform Building Code (Title 9) e. Maximum building and structure dimensions Height: Per New York State Uniform Building Code (Title 9) Maximum lot coverage: To be determined by minimum yard depths Sections 347-349: reserved. Section 350ff: reserved for Planned Unit Development Districts. .1 Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 400. Purposes The provisions of Article 4 are the officially adopted procedures, standards, decision criteria, and public notice requirements to be observed in administering this Code, and are therefore an integral part of the Code. They are intended to insure that all interested parties can effectively participate in land use and development decisions in the Town of Groton. Section 401. Enforcement The code shall be enforced by the Code Enforcement Officer, an officer of the "Town, appointed by and serving at the pleasure of the Town Board. The Town Board may appoint additional officers on a temporary or permanent basis as it deems necessary. The Code Enforcement Officer is responsible for issuing building permits, certificates of occupancy, special permits, and certificates of conformance; explaining provisions of this Code; interpreting and reporting to landowners 07. location of district boundaries on the Zoning Map; informing applicants of all the Town regulations with which they must comply; and referring applications to the appropriate bodies for review or appeal in accordance with the provisions of this Code. The above - stated responsibilities are not all inclusive, but are intended to provide a general overview of the duties of the Code Enforcement Officer. The Code Enforcement Officer shall not issue permits or certificates of any kind for any building, alteration, or land use which is not in conformance with the provisions and/or procedures of this Code. Section 402. Building Permits No building or mobile home in any district shall be begun, enlarged or extended or any work commenced that will change the present use of any building without a building permit issued by the Code Enforcement Officer. Section 403. Certificate of Occupancy Each property owner shall be responsible for compliance with all terms of this Land Use and Development Code affecting his or her property. Upon application the Code Enforcement Officer shall issue a certificate of occupancy when he is satisfied that the proposed use complies with this code and that buildings have been erected and the site developed in accordance with submitted plans. No building or mobile home shall be occupied without first obtaining a certificate of occupancy from the Code Enforcement Officer. This provision shall apply to any construction work done or placement or replacement of any building or mobile home for which a building permit is required whether or not a fee has been charged. 61 Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 404. Certificate of Conformance Purpose. Certification of conformance is for the purpose of establishing that certain existing lots, structures, and activities conformed with or did not conform with provisions of the Code at the time of adoption or amendment of the Code, and documenting and recording their legal status for the protection of their owners. Applicability. Any person with a legal interest in any lot, structure, or activity in the Town may request from the Code Enforcement Officer a determination as to whether their property conforms to the Code. In addition, a determination can be initiated by the Code Enforcement Officer or by direction of the Planning Board, Board of Zoning Appeals, or the Town Board. Contents. The certificate of conformance states what, if any, aspects of the lot, facility, or activity do not conform to the Code; the section numbers of the regulations not conformed to; and the date on which the certificate was issued. Section 405. Fees All fees for licenses and permits shall be established by resolution of the Town Board. Section 406. Approval of County Health Department No special permit issued under the terms of the land use regulations is valid unless the action is in compliance with the rules and regulations of the Tompkins County Health Department. Section 407. Referral to County Planning Department Since the Town is in Tompkins County, which has a County Planning Department, the Board of Zoning Appeals, the Planning Board, and the Town Board must, before taking final action on certain matters specified below, refer them to the Tompkins County Planning Commissioner for review, pursuant to Article 12-B, Sections 239 -1 and -m, of the New York State General Municipal Law. Review by the County Planning Commissioner is required for any special permit, site plan approval, variance, or new or amended zoning ordinance, including a Planned Unit Development that would affect land within 500 feet / 154 meters of: a. A municipal boundary, b. An existing or proposed County or State park or recreation area, c. Existing or proposed County or State owned land on which a public building or institution is located, d. The right-of-way of any existing or proposed County or State road or highway, e. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines, or f. The boundary of an operating farm within an agricultural district. 62 Town of Groton Land Use and Development Code Article 4: Procedures and Rules Within thirty days of receipt of a full statement of such referred matter, the County Planning Department shall make a recommendation, accompanied by a full statement of the reasons for such recommendations. If the County Planning Department fails to respond within thirty days, the municipal board having jurisdiction may act without such recommendation. If the County Planning Department makes a finding of `significant impact,' the municipal board having jurisdiction shall not approve the proposed action except by a vote of a majority plus one of all the members. Within seven days after final action by the municipal board having jurisdiction, the board shall file a report of the final action it has taken with the County Planning Department. Section 408-409: reserved. Section 410. Amendments 410.1 Authority. The regulations, restrictions, and boundaries set forth in this code may from time to time be amended, supplemented, changed, or repealed by the Town Board in accordance with Section 265 of Town Law. The decision to consider an amendment is made by the Town Board. 410.2 Referral to Planning Board. If the proposed amendment includes any revision to the Zoning Map or revision as to the list of allowed or permitted activities in any district, the proposed amendment must be referred by the Town Board to the Planning Board for its study and recommendation regarding the amendment's conformance with the Comprehensive Plan. The Planning Board's recommendation must be received within thirty days, or the Town Board may act without the Planning Board's recommendation. A proposed amendment not involving revision of the Zoning Map or revision as to the list of allowed or permitted activities, may also be referred to the Planning Board for study and recommendation. 410.3 Hearing. Final action to amend, supplement, change, or repeal provisions of this code may be taken only after a public hearing in relation thereto, at which parties in interest and other persons have an opportunity to be heard. 410.4 Notice. A notice of the time and place of the hearing and a brief description of the proposed amendment is to be published in the official newspaper at least ten days prior to the public hearing. Also, written notice at least ten days prior to the hearing must be given to the following agencies, if the land affected by the amendment lies within 500 feet / 154 meters of land in the following jurisdictions: a. Any State park or parkway: the State Regional Park Commission, b . Any housing authority project area: the housing authority, c. Any city, village, or town: the clerk of the city, village, or town, d. Any other county: the clerk of the legislative body of that county, 63 Town of Groton Land Use and Development Code Article 4: Procedures and Rules e. Any of the above: the Tompkins County Planning Department, and f. Any State or County highway: the Tompkins County Planning Department. 410.5 Voting. The Town Board may pass an amendment by a simple majority. However, when a proposed amendment includes a change in the zoning classification of land from one district to another, the following rule applies: In case a protest against the amendment is signed by the owners of twenty percent of the land included in the proposed change, or the owners of twenty percent of the land adjoining or across a public right-of-way from the land included in the proposed change for a distance of 100 feet / 31 meters, then the amendment requires at least a three- fourths vote of the Town Board to pass. The Town Board may not take final action on an amendment until Section 407, Referral to County Planning Department, has been complied with. 410.6 Publication and Record of Amendment. The amendment, excluding maps, must be published in the official paper and entered in the Town Board minutes. However, if the Town Board has taken action to supersede the provisions of Sections 133, 264, and 265 of Town Law as they apply to publication of local laws, ordinances, amendments, or supplements, it is sufficient to publish a notice with the title of the amendment, a brief description of the provision thereof, and a statement that the full text thereof is on file and may be inspected in the office of the Town Clerk. An affidavit of publication must be filed with the Town Clerk. 410.7 Effective Date of Amendment. Amendments take effect ten days after publication in the official paper or immediately to anyone served personally with a copy of the amendment certified by the Town Clerk. 410.8 Revision of Regulations. All official copies of the regulations, including maps, must be revised within ten days after publication to incorporate the amendment. Section 411-419: reserved. Section 420. Board of Zoning Appeals 420.1 Establishment. The Board of Zoning Appeals, established under Section 267 of Town Law, is empowered to hear and decide appeals from and review any order, requirement, decision, or determination made by the Code Enforcement Officer with regard to this code. 420.2 Board Members. The members of the Board of Zoning Appeals must be residents of the Town. They are appointed by the Town Board to serve for staggered, 5 -year terms as prescribed by Town Law, Section 267. 420.3 Officers. The Town Board designates the Chair of the Board of Zoning Appeals. The Board of Zoning Appeals chooses the Vice -chair, who presides in the absence of the •15 Town of Groton Land Use and Development Code Article 4: Procedures and Rules Chair. In the absence of both the Chair and the Vice -chair, the Board of Zoning Appeals chooses one of its members as Acting Chair. The Chair, or Acting Chair, may administer oaths and compel the attendance of witnesses. The Board of Zoning Appeals appoints a Secretary to take minutes of all its meetings and keep its records. The Secretary need not be a member of the Board. 420.4 Rules and Regulations. The Board of Zoning Appeals must adopt rules governing its procedures and orders for carrying out the provisions of this code. All its procedures and orders must be in accordance therewith. 420.5 Procedures. Procedures by and before the Board of Zoning Appeals are found in Sections 421-432 of this Article. Section 421. Appeals and Variances The purpose of Sections 422-432 is to set forth procedures and conditions under which appeals on enforcement of the provisions of this code can be heard and decided by the Board of Zoning Appeals. Procedures set forth herein are intended to ensure that the intent of the regulations is observed, but that unnecessarily rigid restriction on development is avoided. Section 422. Power to Hear and Decide Appeals The Board of Zoning Appeals is empowered to hear and decide appeals of and review any order, requirement, decision, or determination made by the Code Enforcement Officer with regard to this code. In passing upon appeals of actions by the Code Enforcement Officer, the Board of Zoning Appeals has the power to vary or modify the application of the zoning regulations, so that the intent of the code is observed, the public health, safety, and welfare secured, and substantial justice done. An appeal may be for a variance in the regulations as they apply to a specific site, which, if granted, runs with the site irrespective of future changes in ownership. An appeal may also be for an interpretation of the language of the code when the appellant disputes a decision made by the Code Enforcement Officer. The determination of the Board of Zoning Appeals establishes the interpretation of the disputed language wherever it may apply. Section 423. Parties Who May Appeal Appeals may be filed by any public body or official of the Town, person, firm, corporation, or other party aggrieved by an action of the Code Enforcement Officer. Any party may appeal to the Board of Zoning Appeals if the action of the Code Enforcement Officer appealed affects adversely a property right or other legal interest of the appellant. 65 Town of Groton Land Use and Development Code Article 4: Procedures and Rules An applicant for a permit may be aggrieved by the refusal of the Code Enforcement Officer to issue a permit. (For procedure see Section 425.) A parry other than the applicant may be aggrieved by the issuance of a permit if they are neighboring owners or nearby residents or if they are an official of the Town. (For procedure see Section 426. Section 424. Appeal Procedure by Board of Zoning Appeals 424.1 Time of Hearing of Appeals. The Board of Zoning Appeals must schedule a hearing on all appeals within sixty-two days of the filing of the appeal. 424.2 Notice of Hearing. The Board must give notice of a hearing by publication of a notice in the official paper. The Board must also mail notices of hearings to the parties, the Regional State Park Commission having jurisdiction over any State park or parkways within 500 feet / 154 meters of the lot which is the site of the appeal and to the owners of record (from the current tax role) of all lots within 500 feet / 154 meters of the lot which is the site of the appeal. The notice must state the location of the structure or lot, the general nature of the question being heard, the date, time, and place of the hearing, and the nature of the relief being sought and must precede the date of the hearing by at least five days. 424.3 Proceedings. The order of business at a hearing is as follows: a. Roll call, b. The Chair gives a statement of the case and reads all correspondence and reports received on it, c. The appellant's case is presented, d. Those opposed present their arguments, e. Rebuttal by both sides, f. The Board takes the case under advisement, g. Additional cases (repeat b -f), h . Adjournment of hearings, and i. Call to order of regular meeting (when applicable). 424.4 General Rules. Any party may appear in person by agent or by attorney. The Chair, or in the Chair's absence, the Acting Chair, may administer oaths and compel the attendance of witnesses. 424.5 Rehearing. Upon motion initiated by any member and adopted by unanimous vote of the members present, but not less than a majority of all the members, the Board of Zoning Appeals may review at a rehearing any order, decision, or determination of the Board of Zoning Appeals not previously reviewed. Notice must be given as upon an original hearing. .• Town of Groton Land Use and Development Code Article 4: Procedures and Rules Upon rehearing, and provided that it appears that no vested rights due to reliance on the original order, decision, or determination will be prejudiced thereby, the Board may, upon the concurrence of all the members present, reverse, modify, or annul its original order, decision, or determination. An application for a rehearing may be made in the same manner as provided for the original hearing. The application for rehearing may be denied by the Board of Zoning Appeals if from the record it appears that there has been no substantial change in fact, evidence, or conditions. Section 425. Appeals Procedure by an Applicant 425.1 An appeal must be made within sixty days of the Code Enforcement Officer's action appealed from. 425.2 The appeal must be filed with the Code Enforcement Officer on the form provided for that purpose. The Code Enforcement Officer is responsible, at the direction of the Board, for providing any appellant with the proper forms and for instructing the parties concerned on the proper manner for completing and filing the forms. 425.3 The appeal must show what relief is sought or what type of variance, if any, is being sought (see Sections 428-431). 425.4 All information required on the forms must be complete and the fee paid (see Section 405) before an appeal is considered filed. 425.5 Ten copies of the completed appeals form must be forwarded to the Board of Zoning Appeals by the Code Enforcement Officer. 425.6 Appeals may be amended fifteen days prior to the public hearing thereon. 425.7 The appellant must be notified by letter at least five days prior to the hearing that the appeal is scheduled for the hearing or that the appeal is incomplete and cannot be scheduled. Section 426. Appeals Procedure by Public Officials or by Aggrieved Persons Other Than an Applicant 426.1 An appeal must be made within sixty days of the Code Enforcement Officer's action appealed from. 426.2 The appeal must be filed with the Code Enforcement Officer on the form provided for that purpose. The Code Enforcement Officer is responsible, at the direction of the Board, for providing any appellant with the proper forms and for instructing the parties concerned on the proper manner for completing and filing the forms. 426.3 The appeal must show what relief is sought or what type of variance, if any, is being sought (see Sections 428-431). 67 Town of Groton Land Use and Development Code Article 4: Procedures and Rules 426.4 All information required on the forms must be complete and the fee paid (see Section 405) before an appeal is considered filed. 426.5 Ten copies of the completed appeals form must be forwarded to the Board and one copy forwarded to the Town Attorney by the Code Enforcement Officer. 426.6 The Town Board hereby directs that when an appeal under this Section is received, the Town Attorney is to immediately seek a stop work order on the work covered by the permit in question in the appropriate court of law. 426.7 Appeals may be amended fifteen days prior to the public hearing thereon. 426.8 The appellant and the holder of the permit in question must be notified by letter at least five days prior to the hearing that the appeal is scheduled for the hearing or that the appeal is incomplete and cannot be scheduled. Section 427. Decisions by the Board of Zoning Appeals 427.1 Time of Decisions. Decisions by the Board of Zoning Appeals must be made not later than sixty-two days from the date of the final hearing. 427.2 Types of Decisions. The Board of Zoning Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from; and shall make such order, requirement, decision, or determination as in its opinion ought to be made; and to that end shall have all of the powers of the officer from whom the appeal is taken. In deciding on an appeal by an appellant, the Board of Zoning Appeals may grant variances as described in Sections 428-431. The Board of Zoning Appeals, in the granting of variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardships proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 427.3 Form of Decision. The final decision on any matter before the Board of Zoning Appeals must be made by written order signed by the Chair. The decision must state the findings of fact which were the basis for the decision, and any conditions and safeguards necessary to protect the public interest. 427.4 Filing of Decisions. Decisions of the Board of Zoning Appeals must be filed immediately in the office of the Town Clerk and are public record. The date of filing of each decision is to be entered in the official records and minutes of the Board. Copies of the decision are to be forwarded to the appellant, the Town Planning Board, and the County Planning Department when referral to the County Planning Department was required in the case. .: Town of Groton Land Use and Development Code Article 4: Procedures and Rules A certified copy of the decision, including all terms and conditions, is to be transmitted to the Code Enforcement Officer and is binding upon and observed by the Code Enforcement Officer. Within twenty days after a decision by the Board of Zoning Appeals, the Code Enforcement Officer must take the action directed by the Board. Those actions are to issue, extend, revoke, or issue with modifications a permit or certificate. The Code Enforcement Officer must fully incorporate the terms and conditions in the permit to the appellant whenever a permit is authorized by the Board of Zoning Appeals. 427.5 Basis for Decisions. In reaching the decision, the Board of Zoning Appeals must be guided by standards specified in the applicable sections of this code as well as the community goals and policies as specified in the Comprehensive Plan and by the findings of the Board in each case. The Board is expressly prohibited from basing its decisions on: a. The presence of a nonconforming lot, structure, or activity nearby or in the same zoning district, or b. Any condition, lot, structure, or activity in another zoning district or another municipality. 427.6 Findings. The findings of the Board of Zoning Appeals and the supporting facts must be stated in detail in the written decision regardless of whether it is based on evidence submitted or on the personal knowledge of the Board members. The evidence on which the findings are based must be included in outline form in the written decision. The Board must show that: a. It has made an intelligent review of the question, b . It has considered all of the information or evidence, c. It has heard all parties in question, d. Any intimate knowledge it has of the subject under question has been taken into account, and e. A personal inspection of the lot in question has been made, and from this examination certain findings were made. These requirements are for the purpose of making judicial review possible. 427.7 Expiration of Orders. Unless the written decision and order specifically states otherwise, the order and any associated permit expire one year after the date of issuance of the decision and order. 1 Town of Groton Land Use and Development Code Article 4: Procedures and Rules If at the expiration date the permitted work is not completed, but is being pursued and substantial progress is being made, the Code Enforcement Officer may extend the permit for one year. If at the expiration date the Code Enforcement Officer finds that the permitted work is not being diligently pursued and no substantial progress has been made, the order and the permit become void. (Note: If after the order and permit expire, the appellant still wants to do the prohibited work, it may be permitted only after application for a permit, denial by the Code Enforcement Officer, and appeal to the Board of Zoning Appeals: i.e., after an order expires, it has no legal standing whatever.) Section 428. Requirements for Granting Area Variances In making its determination, the Board of Zoning Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. The Board shall also consider (in accordance with Section 267 of Town Law): a. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance, b. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance, c. Whether the requested area variance is substantial, d. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and e. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Zoning Appeals, but shall not necessarily preclude the granting of the area variance. Section 429. Requirements for Granting Use Variances No use variance shall be granted by the Board of Zoning Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such necessary hardship, the applicant shall demonstrate that (in accordance with Section 267 of Town Law): a. Under applicable zoning regulations, the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence, 70 Town of Groton Land Use and Development Code Article 4: Procedures and Rules b. The alleged hardship is unique, and does not apply to a substantial portion of the district or neighborhood, c. The requested use variance, if granted, will not alter the essential character of the neighborhood, and d. The alleged hardship has not been self-created. Section 430. Guidelines for Granting Variances that Involve Public Access Before granting any variance that involves public access regulations or lot frontage requirements (in accordance with Section 280-a, Subdivision 3, of Town Law), the Board of Zoning Appeals should consider the following points in addition to the requirements outlined in Section 428 (Note: These are only guidelines; the courts have not established requirements for this type of variance.): a. The effect, if the variance is allowed, of any increase in population density, intensity of development, or generation of traffic on the existing public facilities, and that it is within the intent of all applicable district regulations, b. No substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties will be created, c. The practical difficulty in observing the public access regulations cannot be overcome by some method, reasonable for the appellant to pursue, other than a variance, d. The lot or structure in question cannot reasonably be used for any activity permitted or conditionally permitted by this code, e. The activity sought to be permitted will not appreciably alter the character of the locality, which was developed in reliance on the stability of this code, and f. The circumstances of the case do not require the proposed activity to be related to existing or proposed public roads, streets, or highways. The Board of Zoning Appeals may impose any reasonable conditions that will protect any future public road, street, or highway layout. (Points a, b, and c are taken from the opinion in Wachsberger v Michalis, 19 Misc. 2nd 909. Points d and e are taken from the opinion in Otto v Steinhilber, 282 NY 71. Point f is taken from Section 280-a, Subdivision 3, of Town Law.) Section 431. Requirements for Granting Variances for Building on Proposed Public Land Before granting any variance for building on a site proposed for public acquisition on the official map of the Town or County (in accordance with Section 279 of Town Law 71 Town of Groton Land Use and Development Code Article 4: Procedures and Rules and Section 239-j of General Municipal Law), the Board of Zoning Appeals must make findings on the following points: a. The lot or structure in question cannot reasonably be used for any activity permitted or conditionally permitted by the land use regulations, b . The action sought to be permitted will increase the cost of public acquisition of the site as little as possible, and c. The action sought to be permitted will as little as practicable tend to cause a change in the official map. The Board of Zoning Appeals may impose reasonable requirements as a condition of granting the variance, which requirements benefit the Town. (Point a is taken from the opinion in Otto v Steinhilber, 282 NY 71. Point b is taken from Section 270 of Town Law. Point c is taken from Section 279 of Town Law and Section 239-j of General Municipal Law.) Section 432. Requirements for Revoking or Modifying a Permit On appeal from a party aggrieved by the issuance of a permit, the Board of Zoning Appeals may revoke or modify a permit if it makes the following findings: a. The issuance of the permit was based on an erroneous interpretation of the code or an error in measurement, and b. The action appealed from does not conform to the letter of the code. Section 440. Site Plan Review / Planning Board 440.1 Establishment. There is hereby established for the purpose of carrying out the functions provided for in Section 274-a of Town Law, a Site Plan Review Board; the Site Plan Review Board function is hereby delegated to the Planning Board. 440.2 Decisions. The Planning Board has the authority under this code to review and approve, approve with modifications, or disapprove site plans submitted under the provisions of this code: specifically applications for special permits for activities which are indicated in Article 3 as permitted with site plan review; and permits issued in a Planned Unit Development district. Planning Board decisions are filed immediately with the Town Clerk and a copy mailed to the applicant. 440.3 Rules and Regulations. The Planning Board may adopt rules and regulations it deems necessary for carrying out the provisions of this code. All its procedures and orders must be in accordance therewith. 440.4 Actions Directed by the Planning Board. Within twenty days after a decision by the Planning Board, the Code Enforcement Officer must take the action directed by the 72 Town of Groton Land Use and Development Code Article 4: Procedures and Rules Board. Those actions are to issue or to issue with modifications a special permit. A letter from the Planning Board notifying the applicant that issuance of a permit has been directed serves as an interim permit. 440.5 Appeals of Decisions by the Planning Board. Any person aggrieved by any decision of the Planning Board may apply to the supreme court for review by a proceeding under Article 78 of the civil practice law and rules. Such proceedings shall be instituted within thirty days after the filing of a decision in the office of the Town Clerk. 440.6 Procedures. Procedures by and before the Planning Board are found in Sections 441- 443 of this Article. Section 441. Site Plan Review and Approval 441.1 Applicability. The procedures set forth in this Section apply to each of the following: a. Special Permit. Certain activities are identified in Article 3, Land Use Regulations, as `permitted with a site plan review' because their nature, location, and effect on the surrounding environment warrants detailed evaluation of a site plan before development is allowed. b. Permit in Flood Hazard Area Combining District. Permits in Flood Hazard Area Combining districts require compliance with the Flood Hazard Area Combining districts regulations and the procedural requirements of this Section. c. Planned Unit Development District. After a Planned Unit Development district has been established and the necessary amendments made to the Zoning Map and text of the code, the Planned Unit Development site plan is reviewed according to the procedures of this Section before a special permit is issued. 441.2 Sketch Plan Conference. A sketch plan conference shall be held between the Planning Board and the applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed. a. An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, and easements within 200 feet / 60 meters of the boundaries thereof. b. A map of site topography at no more than 5 feet / 2 meter contour intervals. If general site grades exceed five percent or portions of the site have susceptibility to erosion, flooding, or ponding, a soils overlay and a topographic map showing contour intervals of not more than 2 feet / 5 decameters of elevation should also be provided. 73 Town of Groton Land Use and Development Code Article 4: Procedures and Rules 441.3 Application for Preliminary Site Plan Approval. An application for preliminary site plan approval shall be made in writing to the Planning Board and shall be accompanied by the following information: Preliminary Site Plan Checklist a. Title of drawing, including name and address of applicant and person responsible for preparation of the drawing, b. North arrow, scale, and date, c. Boundaries of the property plotted to scale, d. Existing watercourses, e. Grading and drainage plan, showing existing and proposed contours, f. Location, proposed use, and height of all buildings, g. Location, design, and construction materials of all parking and truck loading areas, showing access and egress, h. Provision for pedestrian access, i. Location of outdoor storage, if any, j . Location, design, and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls, and fences, k. Description of the methods of waste disposal and location, design, and construction materials of such facilities, 1. Description of the method of securing public water and location, design, and construction materials of such facilities, m. Location of fire and other emergency zones, including the location of fire hydrants, n. Location, design, and construction materials of all energy distribution facilities, including electrical, gas, and solar energy, o. Location, size, design, and construction materials of all proposed signs, p . Location and proposed development of all buffer areas, including existing vegetative cover, q. Location and design of outdoor lighting facilities, r. Designation of the amount and location of building area proposed for each activity type, 74 Town of Groton Land Use and Development Code Article 4: Procedures and Rules s. General landscaping plan and planting schedule, and t. Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any federal, State, or County permits required for the project's execution. Ten copies of the preliminary site plan shall be presented to the Planning Board at the time of submission of the preliminary site plan. The application for preliminary site plan review shall be accompanied by a fee established by resolution of the Town Board. 441.4 Review of Preliminary Site Plan. The Planning Board's review of a preliminary site plan shall include, as appropriate, the following: General Considerations a. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls, b. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience, c. Location, arrangement, appearance, and sufficiency of off-street parking and loading, d. Location, arrangement, size, design, and general site compatibility of buildings, lighting, and signs, e. Adequacy of storm water and drainage facilities, f. Adequacy of water supply and sewage disposal facilities, g. Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation, h. In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation, i. Protection of adjacent or neighboring properties against noise, glare, unsightliness, or other objectionable features, j . Adequacy of fire lanes and other emergency zones and the provision of fire hydrants, and 75 Town of Groton Land Use and Development Code Article 4: Procedures and Rules k. Special attention to the adequacy of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding, and/or erosion. Consultant Review. The Planning Board may consult with the Building Inspector, Fire Commissioners, Conservation Council, Commission of Public Works, other local and County officials, and its designated private consultants, in addition to representatives of federal and State agencies, including the Soil Conservation Service, the State Department of Transportation, and the State Department of Environmental Conservation. Public Hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by the Planning Board, the public hearing shall be conducted within sixty-two days of the receipt of the application for preliminary site plan approval, and shall be advertised in the official newspaper at least five days before such hearing. The applicant must be notified at least ten days before the public hearing. 441.5 Action on Preliminary Site Plan. Within sixty-two days after the date of such public hearing, the Planning Board shall act on the preliminary site plan. If no decision is made within the sixty-two day period, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved, or approved with modifications. The Planning Board's statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with specified modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reason for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned. 441.6 Submission of Final Detailed Site Plan. After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Planning Board for approval. If more than six months has elapsed since the time of the Planning Board's action on the preliminary site plan and if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review. The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. 76 Town of Groton Land Use and Development Code Article 4: Procedures and Rules The following additional information must accompany an application for final site plan approval: a. Record of application for and approval status of all necessary permits from federal, State, and County officials, b. Detailed sizing and final material specification of all required improvements, and c. An estimated project construction schedule. Ten copies of the final site plan shall be presented to the Planning Board at the time of submission of the final site plan. Public Hearing. Within sixty-two days of receipt of an application for final site plan review, the Planning Board shall conduct a public hearing, which shall be advertised in the official Town newspaper at least five days before such hearing. The applicant must be notified at least ten days before the public hearing. 441.7 Planning Board Action on Final Detailed Site Plan. Within sixty-two days after the public hearing for a final site plan, the Planning Board shall render a decision to the Code Enforcement Officer. If no decision is made within the sixty-two day period, the final site plan shall be considered approved. a. Upon approval of the final site plan and payment of the applicant of all fees and reimbursable costs due to the municipality, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Code Enforcement Officer. b. Upon disapproval of a final site plan, the Planning Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny a special permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. The Planning Board may not take final action on a site plan until Section 407, Referral to County Planning Department, has been complied with. 441.8 Reimbursable Costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant. 441.9 Performance Guarantee. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Code Enforcement Officer, public works officials or other competent persons. 77 Town of Groton Land Use and Development Code Article 4: Procedures and Rules 441.10 Inspection of Improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with public works officials and other officials and agencies, as appropriate. 441.11 Integration of Procedures. Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this development code or the requirements of the subdivision regulations, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this Section with the procedural and submission requirements for such other compliance. 44 1. 12 Short Procedure for Certain Site Plan Reviews. In the case of small, simple, and noncontroversial site plan reviews for special use permits or permits in Flood Hazard Area Combining districts, but not Planned Unit Development districts, the Planning Board may, at its discretion, shorten the site plan review procedure under the following conditions: a. If no modifications to the preliminary site plan are required in Section 441.5 and all final detailed site plan requirements in Section 441.6 are met by the preliminary site plan, the Planning Board may declare the preliminary site plan to satisfy Section 441.6, Submission of Final Detailed Site Plan. b. If no referral to the County Planning Department is required under Section 407, or the County Planning Department's report has already been received, the Planning Board may proceed with action on the final detailed site plan, as in Section 441.7. Section 442. Special Permits 442.1 Issuance. Upon approval of the final site plan and payment of the applicant of all fees and reimbursable costs due to the municipality, the Code Enforcement Officer may issue a special permit to the applicant. 442.2 Posting. All special permits, including interim permits, must be posted without delay at the affected site in a conspicuous place, visible from the public right-of-way and protected so that the permit will be visible and legible for the duration of the work. 442.3 Expiration. Unless the Code Enforcement Officer determines that substantial progress in the intended work has been made within one year of the date of issuance of the special permit, the special permit expires. The Code Enforcement Officer may extend the expiration date of the special permit for any good reason. 442.4 Revocation. If the Code Enforcement Officer determines that the work being performed deviated from the plans upon which the special permit was issued in a manner which is significant in terms of the purposes and requirements of this code, the Code Enforcement Officer must revoke the special permit, effective immediately, and must so notify the applicant in person or by official correspondence. W Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 443. Planned Unit Development 443.1 Purpose. The purpose of a Planned Unit Development district is to introduce a degree of flexibility in conventional land use and design regulations which will encourage imaginative and innovative developments which will insure efficient investment in public improvements, a more suitable environment, and protection of community interests in accordance with the Comprehensive Plan. The Planned Unit Development district is intended to encourage innovation in residential, nonresidential, and combined - use development so that the demand for residential and nonresidential structures of many different types and prices can be met. It is recognized that certain types of nonresidential activities in otherwise residential areas are beneficial if they observe certain performance and design conditions. The Planned Unit Development district is to be used to enable developments to occur that may not be permitted on a lot by lot basis by the basic district regulations in Sections 341-346. Therefore, where the Planned Unit Development concept is appropriate and the land is rezoned to a Planned Unit Development district, the regulations set forth in the basic district regulations are replaced with regulations adopted specifically for the Planned Unit Development district under consideration. 443.2 Specific Objectives. The objectives of the Planned Unit Development procedure are to achieve, insofar as practical, the following: a. A maximum choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, and community facilities available to existing and potential Town residents at all economic levels, b. More usable open space and recreation areas, c. More convenience and flexibility in the location of any nonresidential structures, d. The preservation of trees, drainage ways, outstanding natural topography and geologic features, and prevention of soil erosion, e. A creative use of land and structures which will produce an orderly transition from intensive to less intensive use of land, f. An efficient use of land resulting in smaller networks of utilities and streets, and thereby, lower community costs, g. A development pattern in harmony with the long-range objectives of the Master Plan of the Town, and h. A more desirable environment than would be possible through the strict application of other provisions of this code. 79 Town of Groton Land Use and Development Code Article 4: Procedures and Rules 443.3 General Considerations. a. A Planned Unit Development district may be considered anywhere in the Town. b. Establishment of a Planned Unit Development district is an amendment to the zoning regulations and therefore must follow the procedures in Section 410, Amendments. c. The lot area is not to be less than 5 acres / 2 hectares. d. The lot must have a minimum lot frontage of 300 feet / 90 meters. e. The overall development intensity may not be higher than the highest development intensity permitted in any abutting district. f. All residential structures and activities are permitted in a Planned Unit Development district, and any nonresidential structures and activities will be permitted if the developer can demonstrate that they will promote the long-range objectives of the general development plan of the Town, will contribute to the quality of the proposed development of the area, and will lead to the direct or indirect enhancement of the surrounding neighborhood in terms of open space, vehicular and pedestrian traffic movement, community operative costs, landscaping, preservation of natural features, and an improved living environment. g. The Town Board, after its review of the Environmental Assessment Form, may require an Environmental Review in accordance with New York State Environmental Quality Review Act (SEQRA). h. A Planned Unit Development district which is predominantly for commercial or industrial activities will be approved only on sites abutting state highways, except that sites not on state highways will be considered if the lot size is at least 25 acres / 10 hectares. 443.4 Preliminary Proposal. An applicant for a Planned Unit Development district must submit a request to the Town Board in the form of a preliminary Planned Unit Development proposal, which must include: a. A sketch development plan showing existing and proposed development and the approximate location of proposed facilities and activities, existing topographic characteristics, approximate location of streets and easements, and existing development immediately adjacent to the proposed Planned Unit Development district. b. A written explanation of the character and purpose of the Planned Unit Development district, including the type and density of any housing proposed, the water and sewage system proposed, a general statement of proposed financing, and the expected timetable for development. :1� Town of Groton Land Use and Development Code Article 4: Procedures and Rules c. An Environmental Assessment Form. d. A request to rezone a specific site to a Planned Unit Development district in accordance with the procedures in Section 410, Amendments. e. A description of the site boundary suitable for inclusion on the Zoning Map, Section 335. f. An outline of the contents of the Planned Unit Development regulations sought, covering as many as possible of the points in the basic district regulations in Sections 342-346. The Town Board may direct the applicant to provide additional information and attend additional meetings to confer with the Board. 443.5 Preparation of Amendment for Planned Unit Development District. The Town Board takes under advisement the materials and information presented in the applicant's preliminary proposal. If the Town Board chooses to act on the application and proceed with a rezoning to Planned Unit Development district, an amendment to the code is prepared including amendment to the map and regulations governing the proposed Planned Unit Development district. Those amendments are to be inserted following Section 349 as Sections 350ff. The regulations shall, as a minimum, cover the following points, which are the same as addressed in the basic district regulations, Sections 341-346. a. Activities to be allowed: mix, magnitude, and location, b. Minimum lot area and frontage (if the Planned Unit Development district is to be divided into separate ownership parcels), c. Minimum yard depth, including space between structures, and d. Maximum structure dimensions. In addition, the regulations for the Planned Unit Development district should include all those items in Article 3, Sections 300-319, which are pertinent. The Town Board may also include provisions which are not found elsewhere in these zoning regulations but which are legitimate exercises of the zoning power. 443.6 Planned Unit Development Amendment Procedure. An amendment to the code to provide for a Planned Unit Development district is subject to the same procedural requirements as any other amendment, including a public hearing. The a m e n d m e n t procedure is found in Section 410. 443.7 Site Plan Review of Newly Established Planned Unit Development. In amending the code to establish a new Planned Unit Development district, the Town Board also directs the Planning Board to conduct a site plan review of the Planned Unit E'� Town of Groton Land Use and Development Code Article 4: Procedures and Rules Development in accordance with the procedure in Section 441, Site Plan Review and Approval, thereby ensuring that the Planned Unit Development district is developed in accordance with the applicable regulations. 443.8 Review. If within a preset, reasonable time after approval of the final detailed site plan by the Planning Board, no progress is being made on the Planned Unit Development by the developer, the Town Board may choose to consider amending the zoning regulations to delete the Planned Unit Development district. 443.9 Revisions of Final Detailed Site Plan for Subdivided Planned Unit Development. All sections of a subdivided Planned Unit Development district are to be controlled by the final detailed site plan. The provisions governing amendments to the final detailed site plan apply even though subdivision has occurred. The owners or lessees of a subdivided Planned Unit Development district may jointly or separately make application under these regulations for an amendment to the final detailed site plan. Section 450. Violations and Penalties Pursuant to Section 268 of the Town Law of the State of New York, any person, corporation, or other entity found to be in violation of any provision of this Code shall be guilty of an offense. All the provisions stated in Section 268 of the Town Law shall be applicable in enforcing and punishing violations of any provision of this Code. (Complete the certification in the paragraph which applies to the filing of this local la", and strike out the matter therein which is not applicable.) 1. ! . (Final adoption by local legislative body only.) 1 Hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ..95... axIxK K% of the W(Y of ... GROTQN ...... was duly passed b the ...TQWN. ��AU ........................... Town I Y NXXMR (Namc of Legislative Body) ori ........Rai! .. ............. 199.5 ..... in accordance witli the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executii-e Officer,* or repassage after disapproval.) 1 hereby certify that the local law annexed hereto, designated as local law No. ......... of 19........ County City of the City yof ................ was duly passed by the..............Town .......................... . Village (Narne of Legislative Body) not disapproved ori ............................. 19 ........ and was approved by the .............. ............ . repassed after disapproval Elective Chief Executive Officer' and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ County City of the of of ................ was duly Massed by tile ........................................ . (Namc of Legislative Body) Village not disapproved oil ............................. 19 ........ aiTtd was approved by the .......... ................ . repassed after disapproval Elective Chief Executive Officer• on .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory permissive referendum, and received the affirmative vote of a majority of the qualified electors voting general A thereon at the special election held on .............................19 ......... in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum, and final adoption because no N-alid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ County City of the City rl of ................ was duly passed by the ......................................... TowVillage (Name of Legislative Body) not disapproved Oil ............................. 19 ........ and was approved by the ............................ repassed after disapproval Elective Chief Executive Officer* Oil .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been riled, said local law was deemed duly adopted Oil .............................19 ......... in accordance with the applicable provisions of law. 01 *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of (lie count- legislative body, (lie mayor of a city or village or the supervisor of a town where such officer Is vested with power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that [lie local law annexed hereto, designated as local law No. ........ of 19 ........ of the Cii.',- of ................................. having been submitted to referendum pursuant to the provisions of 36 of the Municipal Horne Rule Law, and having received the affirmative vote of a majorityof the qualified electors of such city voting thereon at the special election held on ............ q general ............ 19......... became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19......... of the County of .......... . .......... . State of New York, having been submitted to the Electors at the General Election of November ............. 19......, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule I_aw, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (if any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............. above. Date: May 8, 1995 ea.l) Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body 4 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .., TOMPKINS 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature FOR: FITZG ASD, TAYLOR, POMEROY & ARMSTRONG ..........TM. ATTORNEYS. MTAINED )......... . .... . Title cX4�X�y Date: May 8, 1995 CKU# of GROTON (3)