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HomeMy WebLinkAbout5-13 2025 Reg meeting & Public Hearing
TOWN OF GROTON - MEETING MINUTES OF TOWN BOARD
TUESDAY, MAY 13, 2025, AT 7:30 PM
Town Officers Present: Town Officers Absent: Also Present:
Donald F. Scheffler, Supervisor Mack Rankin, Deputy Highway D. Durrett, The Ithaca Times
Crystal Young, Councilperson Rick Fritz, Code Official D. Carey, AG Board
Sheldon C. Clark, Councilperson E. Moody, Zoning Board
Richard Gamel, Councilperson
Brian Klumpp, Councilperson
Ellard Keister, Highway Supt.
Robin Cargian, Town Clerk
W. Rick Fritz, Code Official
Don Armstrong, Attorney
Julie Graham, Bookkeeper
The meeting was called into session at 7:30 PM with the Pledge of Allegiance. Town Supervisor
Scheffler gave a special thank you to the clerk's office, Julie, Sheldon, and the entire board for filling
in for him. We have a building full of exceptional people, and I'm proud to work with you. God bless
you all.
MOVED by Councilperson Gamel, seconded by Councilperson Klumpp, to approve the Meeting
Minutes of April 8, 2025
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Motion Passed
MOVED by Councilperson Young, seconded by Councilperson Clark, to approve the Special Meeting
Minutes of April 22, 2025
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Motion Passed
RESOLUTION #25-044 ‐ APPROVE PAYMENT OF INVOICES
MOVED by Councilperson Gamel, seconded by Councilperson Klumpp,
WHEREAS, vouchers for Abstract #05 for the Year 2025, numbered 160-210, were reviewed and
audited by the Town Board, be it
RESOLVED, that the Town Board hereby approves said vouchers, which will make the accounts in
the Total amounts as follows:
A GENERAL FUND 14,101.48
B GENERAL FUND PART TOWN 45,875.00
DA HIGHWAY FUND 7,600.80
DB HIGHWAY FUND PART TOWN 18,740.69
SF- SPECIAL FUND- FIRE PROTECTION 40,625.00
SL2- PERUVILLE LIGHTING DISTRICT 643.47
SLl- MCLEAN LIGHTING DISTRICT 214.53
Total $127,800.97
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Town Board Minutes Page 2 May 13, 2025
Nays -
Monthly Reports
Julie Graham, Bookkeeper – You have my monthly report, and there are again no budget transfers.
W. Rick Fritz, Code/Fire Enforcement Officer: Absent but submitted a report.
Building Permits Issued: 5 New Businesses: 0
Permits Completed: 1 Fire Safety Inspections: 0
Permits Renewed: 1 Building Inspections: 38
Zoning permits: 0 Certificates of Occupancy/Compliance 1
Site Plan Reviews: 0 Violation Notices: 1
Subdivisions: 3 Complaints 0
Life Safety Inspections for April 2025: Inspected - 4%; Completed – 4%; Training Hours -0
Highway Superintendent Ellard Keister reported that starting Monday, the 19th, they will be milling
Old Stage Road. As state chip funding is anticipated to come in higher this year, they will also mill the
Salt/Champlin section of Clark Street Extension while the machines and equipment are here. The
budget was the same as last year, providing sufficient funding. He was hoping the farmers would be a
little farther ahead in those fields than they are, but just like us, they've been fighting wet weather too.
Machinery report, as equipment keeps breaking, we're fixing it. and we're chugging along. Our
architect, Eric Mau, provided a scope of work and materials list for the front entrance project bid
packet. After discussions this afternoon, a few minor adjustments were completed.
MOTION #25-045 –TO APPROVE THE ISSUANCE OF THE FRONT ENTRANCE
UPGRADES BASED ON THE PROVIDED BID SPECS AND NARRATIVE.
MOVED by Councilperson Gamel, seconded by Councilperson Klumpp
RESOLVED, that the Town Board hereby approves the bid specifications and narrative for the Town
Hall front entrance upgrades that shall be furnished to the attorney for a bid packet document.
Ayes – Clark, Klumpp, Young, Gamel, Scheffler Resolution Passed
Nays -
The Highway Superintendent brought the $6,000 Caterpillar voucher and bill to the attention of the
Town Board. He explained that CAT does not allow unauthorized mechanics to work on the
equipment, which puts the town at the mercy of the company if it needs repair. Companies such as
Komatsu are similar, but they will at least coordinate when a tech is in the area to avoid extra charges.
One of the advantages of purchasing the Bobcat Skid Steer was that we avoided these fees and
protected the budget from being chipped away at. Genson Overhead Doors will be coming within the
week to repair door cables and will provide a quote for a total replacement as requested.
Town Clerk, Robin Cargian: A report was submitted. The major information gained from the Clerk’s
conference included the town website requirement to convert from a .org to a .gov, and what can be
included on the new website and what cannot. It has been determined that only court employees are
permitted to search through court records for retention. The Court Clerk will investigate a grant that
was suggested by the 6th Judicial District. A resolution will be needed for Denise and Robin to attend
the Tax Receivers and Collectors Conference in Lake George, NY, June 8-11. The cost for room,
registration, and meals is $1086.00 compared to NYSTCA’s fee, which was $1050 for one clerk
Town Board Minutes Page 3 May 13, 2025
attending the conference in Syracuse. This was the reason they chose to commute to that conference
this year. Association of Towns landed a deal for all municipalities to get free Amazon Prime for a
year, which the town has now signed up for to take advantage of better prices, quicker shipping, and
being billed by an invoice instead of using a credit card. It is expensive to continue, running $1800 for
a year, so we may end up going back to the credit card in the end. The alarm system bills have been
reviewed, and it was brought to the board’s attention that a better system, with cameras, could be
purchased for that amount or even less. Information on what the town currently has will be sent to the
Building Committee to research a similar system. One such system had fobs to avoid accidentally
setting the system off.
MOTION #25-046 – APPROVE THE TOWN CLERK AND DEPUTY TO ATTEND THE TAX
RECEIVERS AND COLLECTOR’S CONFERENCE JUNE 8-11, 2025
MOVED by Supervisor Scheffler, seconded by Councilperson Klumpp, that the Town Board approve
refunding or funding costs associated with attending the NYSTRCA conference July 8th -11th
Ayes – Clark, Klumpp, Young, Gamel, Scheffler Motion Passed
Nays -
Attorney for the Town, Don Armstrong – We will get to work on these bid specs and anything else
you need for the local law.
Recreation Coordinator, Councilperson Young – Nothing to report.
Yellow Barn Solar Update, Supervisor Scheffler stated they have been in contact with the attorney
for Yellow Barn.
MOTION#25-047 – APPROVE THE BOOKKEEPER TO ATTEND A CLASS IN
BINGHAMTON REGARDING THE NY STATE RETIREMENT REGULATIONS.
A MOTION was made by Supervisor Scheffler, seconded by Councilperson Klumpp, that the Town
Board approve refunding the costs associated with attending a class on the NY State Retirement
regulations in Binghamton on May 20th.
Ayes – Clark, Klumpp, Young, Gamel, Scheffler Motion Passed
NYSERDA Energy Audit
The Town’s energy audit has been conducted and reviewed by the Highway Superintendent in charge
of building maintenance. Considering the cost estimates and return on investment, replacing all of the
lights in the building with LED efficient lighting would be the best project. Other areas have already
been completed, such as the fans in the garage, giving them a good return. Other projects in the audit
cannot be completed as there is only $6,000 left in the grant. He will pick away at the smaller projects
suggested. Councilperson Young offered to investigate a program offered at the Association of Towns’
meeting, claiming to provide LED lights at a discounted rate. An account of the lights will be sent to
her so the work can begin by the highway department.
No one wished to speak during the privilege of the Floor
Town Board Minutes Page 4 May 13, 2025
Public Hearing – Local Law #1 of 2025
The Town Clerk, Robin Cargian, read the public notice printed in the Ithaca Journal, May 1st, with the
legal affidavit on file. The notice was also placed on the Clerk’s signboard, both Post offices, and was
also on the Town Website
MOVED by Councilperson Klumpp, seconded by Councilperson Gamel, to open the public hearing
for local law #1 of 2025 shall be held on May 13, 2025, at 8:00 PM.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Motion Passed
Nays -
With no comments presented to the clerk before the hearing and no one attending who wished to
speak, a MOTION was made by Councilperson Klumpp to close the public hearing at 8:03 PM,
seconded by Councilperson Gamel.
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Motion Passed
Nays -
Tompkins County GML 239 Review
Supervisor Scheffler read the letter issued by Tompkins County regarding Local Law #1 of 2025,
which determined that there were no significant county-wide impacts to the proposed legislation. The
Town Board, having previously declared themselves as Lead Agency for the State Environmental
Quality Review, then read and reviewed sections 2 and 3.
RESOLUTION #25-048 –ENVIRONMENTAL QUALITY REVIEW LOCAL LAW #1 OF 2025
MOVED by Councilperson Gamel, seconded by Councilperson Klumpp,
WHEREAS, the Town Board of the Town of Groton, acting as the Lead Agency for the analysis of the
Environmental Assessment, having read and reviewed all questions of parts 2 and 3 concerning Local
Law #1 of 2025, Flood Damage Prevention Law, and finding no significant impacts,
RESOLVED, that the action resulted in a Negative Declaration and the recorded vote taken as follows:
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
Local Law #1 of 2025 Flood Damage Prevention Law
A local law to amend the Town of Groton Flood Damage Prevention Law as authorized by the
New York State Constitution, Article IX, Section 2, and Environmental Conservation Law,
Article 36
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
Town Board Minutes Page 5 May 13, 2025
The Town Board of the Town of Groton finds that the potential and/or actual damages from
flooding and erosion may be a problem to the residents of the Town of Groton and that such
damages may include; destruction or loss of private and public housing, damage to public
facilities both publicly and privately owned, and injury to and loss of human life. To minimize
the threat of such damage and to achieve the purposes and objectives hereinafter set forth, this
local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) regulate uses which are dangerous to health, safety and property due to water or erosion
hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion or
flood damage;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters, or
which may increase flood hazards to other lands, and;
(6) qualify and maintain for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(l) to protect human life and health;
(2) to minimize the expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and development of areas
of
special flood hazard to minimize future flood blight areas;
Town Board Minutes Page 6 May 13, 2025
(7) to provide that developers are notified that property is in an area of special flood hazard;
and,
(8) to ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to
give them the meaning they have in common usage and to give this local law its most reasonable
application.
“Accessory Structure” is a structure used solely for parking (two-car detached garages or smaller) or
limited storage, represent a minimal investment of not more than 10 percent of the value of the primary
structure, and may not be used for human habitation.
"Appeal" means a request for a review of the Local Administrator's interpretation of any provision of
this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average
annual depth of one to three feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by
ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE,
AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain
or l00-year floodplain. For purposes of this Local Law, the term “special flood hazard area (SFHA)” is
synonymous in meaning with the phrase “area of special flood hazard.”
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given
year.
"Basement" means that portion of a building having its floor subgrade (below ground level) on all
sides.
"Building" see "Structure"
"Cellar" has the same meaning as "Basement".
"Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in
height, which is used to service the underside of the lowest elevated floor. The elevation of the floor
of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or
above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to
allow for the equalization of hydrostatic forces which would be experienced during periods of
flooding.
Town Board Minutes Page 7 May 13, 2025
"Development" means any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling
operations or storage of equipment or materials.
"Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-
A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a
building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of
the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or
shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude of the base flood. In the case
of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the
unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building"
also includes a building otherwise meeting the definition of "elevated building", even though the lower
area is enclosed by means of breakaway walls that meet the federal standards.
"Federal Emergency Management Agency" means the Federal agency that administers the National
Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(l) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the community published
by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance
Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood
Insurance Study.
"Flood Elevation Study" means an examination, evaluation, and determination of the flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and
determination of flood-related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard
have been designated as Zone A but no flood elevations are provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
Town Board Minutes Page 8 May 13, 2025
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water
from any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, such as a docking or port facility necessary for the
loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does
not include long-term storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by the
Department of the Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Local Administrator" is the person appointed by the community to administer and implement this
local law by granting or denying development permits in accordance with its provisions. This person
is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
"Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area is not considered a building's lowest floor; provided, that
such enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of this Local Law.
Town Board Minutes Page 9 May 13, 2025
"Manufactured home" means a structure, transportable in one or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when connected to
the required utilities. The term does not include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of l929, the North American Vertical Datum of 1988 (NAVD 88),
or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"New construction" means structures for which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by the community and includes any
subsequent improvements to such structure.
"One-hundred-year flood" or "100-year flood" has the same meaning as "Base Flood".
"Principally above ground" means that at least 5l percent of the actual cash value of the structure,
excluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light-duty truck; and,
(4) not designed primarily for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height as determined by the Federal Emergency Management
Agency in a Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law.
"Start of construction" means the date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the
date of issuance. The actual start of construction means the first placement of permanent construction
of a building (including a manufactured home) on a site, such as the pouring of a slab or footings,
installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading, or
filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or
foundations, or the erection of temporary forms, or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main building. For a substantial
Town Board Minutes Page 10 May 13, 2025
improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of the
building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before the "start of construction" of the improvement. The term includes structures which have
incurred "substantial damage", regardless of the actual repair work performed. The term does not,
however, include either:
(1) any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not preclude the
structure's continued designation as a "Historic structure".
"Variance" means a grant of relief from the requirements of this local law which permits construction
or use in a manner that would otherwise be prohibited by this local law.
“Violation” means the failure of a structure or other development to be fully compliant with the
community’s flood plain management regulations.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazard within the jurisdiction of the
Town of Groton, Tompkins County
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard for the Town of Groton, Community Number 361217 are
identified and defined on the following documents prepared by the Federal Emergency
Management Agency.
(1) Flood Insurance Rate Map Panels:
Town Board Minutes Page 11 May 13, 2025
36109C0105D, 36109C0106D, 36109C0107D, 36109C0108D, 36109C0109D,
36109C0115D, 36109C0116D, 36109C0117D, 36109C0126D, 36109C0127D,
36109C0128D, 36109C0129D, 36109C0131D, 36109C0132D, 36109C0133D,
36109C0134D, 36109C0136D, 36109C0137D, 36109C0141D, 36109C0142D
whose effective date is June 18, 2025.
A scientific and engineering report entitled “Flood Insurance Study, Tompkins
County, New York, (All Jurisdictions),” dated June 18, 2025.
The portions within the above documents depicting the municipal jurisdiction for the Town of
Groton, New York, excluding the incorporated Village, are hereby adopted and declared to be a
part of this Local Law. The Flood Insurance Study and/or Maps:
36109C0107D, 36109C0126D, 36109C0127D, 36109C0128D, 36109C0131D,
36109C0133D, 36109C0136D, 36109C0137D, 36109C0141D, 36109C0142D
are on file at the Groton Town Hall Clerk’s Office located at 101 Conger Blvd. Groton NY,
13073.
3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS
This Local Law includes all revisions to the National Flood Insurance Program through June 26,
2001, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
In their interpretation and application, the provisions of this local law shall be held to be
minimum requirements, adopted for the promotion of the public health, safety, and welfare.
Whenever the requirements of this local law are at variance with the requirements of any other
lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the
higher standards, shall govern.
3.4 SEVERABILITY
The invalidity of any section or provision of this local law shall not invalidate any other section
or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No structure in an area of special flood hazard shall hereafter be constructed, located, extended,
converted, or altered and no land shall be excavated or filled without full compliance with the
terms of this local law and any other applicable regulations. Any infraction of the provisions of
this local law by failure to comply with any of its requirements, including infractions of
conditions and safeguards established in connection with conditions of the permit, shall
constitute a violation. Any person who violates this local law or fails to comply with any of its
requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not
more than l5 days or both. Each day of noncompliance shall be considered a separate offense.
Nothing herein contained shall prevent the Town of Groton from taking such other lawful action
as necessary to prevent or remedy an infraction. Any structure found not compliant with the
requirements of this local law for which the developer and/or owner has not applied for and
Town Board Minutes Page 12 May 13, 2025
received an approved variance under Section 6.0 will be declared non-compliant and notification
sent to the Federal Emergency Management Agency.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
local law does not imply that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This local law shall not create
liability on the part of the Town of Groton any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from reliance on this local
law, or any administrative decision lawfully made there under.
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Code Enforcement Officer is hereby appointed Local Administrator to administer and
implement this local law by granting or denying floodplain development permits in accordance
with its provisions.
4.2 THE FLOODPLAIN DEVELOPMENT PERMIT
4.2-1 PURPOSE
A floodplain development permit is hereby established to be an addition to a Town of Groton
Building Permit for all construction and other development to be undertaken in areas of special
flood hazard in this community for the purpose of protecting its citizens from increased flood
hazards and ensuring that new development is constructed in a manner that minimizes its
exposure to flooding. It shall be unlawful to undertake any development in an area of special
flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a
valid floodplain development permit. Application for a permit shall be made on forms furnished
by the Local Administrator and shall include all the required documents for a building permit as
well as structural plans, in duplicate that are drawn to scale showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities, and the location of the foregoing.
4.2-2 FEES
All applications for a floodplain development permit shall be accompanied by an
application fee to be determined by the Groton Town Board annually updated on the fee
schedule. In addition, the applicant shall be responsible for reimbursing the Town of
Groton for any additional costs necessary for review, inspection and approval of this
project.
4.3 APPLICATION FOR A PERMIT
Town Board Minutes Page 13 May 13, 2025
The applicant shall provide the following information as appropriate. Additional information
may be required on the permit application form.
(1) The proposed elevation, in relation to mean sea level, of the lowest floor (including
basement or cellar) of any new or substantially improved residential structure to be
located in a special flood hazard area.
(2) The proposed elevation, in relation to mean sea level, of the lowest floor (including
basement or cellar) of any new or substantially improved non-residential structure to be
located in Zones A1-A30, AE, or AH or Zone A if base flood elevation data are available.
(3) The proposed elevation, in relation to mean sea level, to which any new or substantially
improved non-residential structure will be floodproofed.
(4) A certificate from a New York State licensed professional engineer or architect that any
utility floodproofing will meet the criteria in Section 5.2-3, UTILITIES.
(5) A certificate from a licensed professional engineer or architect that any non-residential
floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-
RESIDENTIAL STRUCTURES.
(6) A description of the extent to which any watercourse will be altered or relocated as a result
of proposed development. Computations by a licensed professional engineer must be
submitted that demonstrate that the altered or relocated segment will provide equal or
greater conveyance than the original stream segment. The applicant must submit any
maps, computations or other material required by the Federal Emergency Management
Agency (FEMA) to revise the documents enumerated in Section 3.2, when notified by the
Local Administrator, and must pay any fees or other costs assessed by FEMA for this
purpose. The applicant must also provide assurances that the conveyance capacity of the
altered or relocated stream segment will be maintained.
(7) A technical analysis, by a New York State licensed professional engineer, if required by
the Local Administrator, which shows whether the proposed development to be located in
an area of special flood hazard may result in physical damage to any other property.
(8) In Zone A, when no base flood elevation data are available from other sources, base flood
elevation data shall be provided by the permit applicant for subdivision proposals and other
proposed developments (including proposals for manufactured homes and recreational
vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres.
4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to the following.
4.4-1 PERMIT APPLICATION REVIEW
The Local Administrator shall conduct the following permit application review before
issuing a floodplain development permit:
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(1) Review all applications for completeness, particularly with the requirements of
subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the
provisions and standards of this law.
(2) Review subdivisions and other proposed new developments, including manufactured
home parks to determine whether proposed building sites will be reasonably safe
from flooding. If a proposed building site is located in an area of special flood
hazard, all new construction and substantial improvements shall meet the applicable
standards of Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub-
section 5.1-1 SUBDIVISION PROPOSALS.
(3) Determine whether any proposed development in an area of special flood hazard may
result in physical damage to any other property (e.g., stream bank erosion and
increased flood velocities). The Local Administrator may require the applicant to
submit additional technical analyses and data necessary to complete the
determination.
If the proposed development may result in physical damage to any other property or
fails to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no
permit shall be issued. The applicant may revise the application to include measures
that mitigate or eliminate the adverse effects and re-submit the application.
(4) Determine that all necessary permits have been received from those governmental
agencies from which approval is required by State or Federal law.
4.4-2 USE OF OTHER FLOOD DATA
(1) When the Federal Emergency Management Agency has designated areas of special
flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither
produced water surface elevation data (these areas are designated Zone A or V on the
FIRM) nor identified a floodway, the Local Administrator shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a
Federal, State or other source, including data developed pursuant to paragraph 4.3(7),
as criteria for requiring that new construction, substantial improvements or other
proposed development meet the requirements of this law.
(2) When base flood elevation data are not available, the Local Administrator may use
flood information from any other authoritative source, such as historical data, to
establish flood elevations within the areas of special flood hazard, for the purposes of
this law.
(3) When an area of special flood hazard, base flood elevation, and/or floodway data are
available from a Federal, State or other authoritative source, but differ from the data
in the documents enumerated in Section 3.2, the Local Administrator may reasonably
utilize the other flood information to enforce more restrictive development standards.
4.4-3 ALTERATION OF WATERCOURSES
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(l) Notification to adjacent municipalities that may be affected and the New York State
Department of Environmental Conservation prior to permitting any alteration or
relocation of a watercourse and submit evidence of such notification to the Regional
Administrator, Region II, Federal Emergency Management Agency.
(2) Determine that the permit holder has provided for maintenance within the altered or
relocated portion of said watercourse so that the flood-carrying capacity is not
diminished.
4.4-4 CONSTRUCTION STAGE
(1) In Zones A1-A30, AE and AH, and Zone A if base flood elevation data are available,
upon placement of the lowest floor or completion of floodproofing of a new or
substantially improved structure, obtain from the permit holder a certification of the
as-built elevation of the lowest floor or floodproofed elevation, in relation to mean
sea level. The certificate shall be prepared by or under the direct supervision of a
licensed land surveyor or professional engineer and certified by same. For
manufactured homes, the permit holder shall submit the certificate of elevation upon
placement of the structure on the site. A certificate of elevation must also be
submitted for a recreational vehicle if it remains on a site for 180 consecutive days or
longer (unless it is fully licensed and ready for highway use).
(2) Any further work undertaken prior to submission and approval of the certification
shall be at the permit holder's risk. The Local Administrator shall review all data
submitted. Deficiencies detected shall be cause to issue a stop work order for the
project unless immediately corrected.
4.4-5 INSPECTIONS
The Local Administrator and/or the developer's engineer or architect shall make periodic
inspections at appropriate times throughout the period of construction to monitor
compliance with permit conditions and enable said inspector to certify, if requested, that
the development is in compliance with the requirements of the floodplain development
permit and/or any variance provisions.
Upon completion of the lowest floor, the permittee shall submit to the Local Administrator
the as-built elevation certificate issued by a New York State licensed
professional engineer or surveyor.
Upon completion of a floodproofed portion of the structure, the permittee shall submit to
the Local Administrator the as-built floodproofed elevation, certified by a New York State
professional engineer or surveyor.
4.4-6 STOP WORK ORDERS
(1) The Local Administrator shall issue, or cause to be issued, a stop work order for any
floodplain development found ongoing without a development permit. Disregard of a stop
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work order shall subject the violator to the penalties described in Section 3.5 of this local
law.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order for any
floodplain development found non-compliant with the provisions of this law and/or the
conditions of the development permit. Disregard of a stop work order shall subject the
violator to the penalties described in Section 3.5 of this local law.
4.4-7 CERTIFICATE OF COMPLIANCE
(l) In areas of special flood hazard, as determined by documents enumerated in Section
3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building
or premises, or both, or part thereof hereafter created, erected, changed, converted or
wholly or partly altered or enlarged in its use or structure until a certificate of
compliance has been issued by the Local Administrator stating that the building or
land conforms to the requirements of this local law.
(2) A certificate of compliance shall be issued by the Local Administrator upon
satisfactory completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as
prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations,
hydraulic data, floodproofing, anchoring requirements or encroachment analyses
which may have been required as a condition of the approved permit.
4.4-8 INFORMATION TO BE RETAINED
The Town of Groton shall retain and make available copies of the following for inspection:
(1) Floodplain development permits and certificates of compliance;
(2) Certifications of as-built lowest floor elevations of structures, required pursuant to
sub-sections 4.4-4(1) and 4.4-4(2), and whether or not the structures contain a
basement;
(3) Floodproofing certificates required pursuant to sub-section 4.4-4(1), and whether or
not the structures contain a basement;
(4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and,
(5) Notices required under sub-section 4.4-3, ALTERATION OF WATERCOURSES.
SECTION 5.0
CONSTRUCTION STANDARDS
5.1 GENERAL STANDARDS
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The following standards apply to new development, including new and substantially improved
structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map
designated in Section 3.2.
5.1-1 SUBDIVISION PROPOSALS
The following standards apply to all new subdivision proposals and other proposed
development in areas of special flood hazard (including proposals for manufactured home
and recreational vehicle parks and subdivisions):
(l) Proposals shall be consistent with the need to minimize flood damage;
(4) Public utilities and facilities such as sewer, gas, electrical and water systems shall be
located and constructed so as to minimize flood damage; and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
5.1-2 ENCROACHMENTS
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new
construction, substantial improvements or other development (including fill) shall be
permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
more than one foot at any location, or,
(ii) the applicant agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM revision, FEMA approval is received,
and the applicant provides all necessary data, analyses and mapping to the
Town of Groton in relation to the application. The applicant must also apply
to FEMA for final map revision within six (6) months of project completion.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary and
Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no new
construction, substantial improvements or other development in the floodway
(including fill) shall be permitted unless:
(i) a technical evaluation by a New York State licensed professional engineer
demonstrates through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that such an encroachment shall
not result in any increase in flood levels during occurrence of the base flood,
or,
(ii) the applicant agrees to apply to the Federal Emergency Management
Agency (FEMA) for a conditional FIRM and floodway revision, FEMA
approval is received and the applicant provides all necessary data, analyses and
mapping to the Town of Groton in relation to the application. The applicant
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must also apply to FEMA for the final map revisions within six (6) months of
projected completion.
(3) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are
available, if any development is found to increase or decrease base flood elevations,
the shall as soon as practicable, but not later than six months after the date
such information becomes available, notify FEMA and the New York State
Department of Environmental Conservation of the changes by submitting technical
or scientific data in accordance with standard engineering practice.
5.2 STANDARDS FOR ALL STRUCTURES
The Town of Groton Land Use and Development Code complies with the current New York
State Uniform Code, which may have a stricter standard. The following standards may apply to
new development, including new and substantially improved structures, in the areas of special
flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2 if the New York
State Uniform Code does not.
5.2-1 ANCHORING
New structures and substantial improvement to structures in areas of special flood hazard
shall be anchored to prevent flotation, collapse, or lateral movement during the base flood.
This requirement is in addition to applicable State and local anchoring requirements for
resisting wind forces.
5.2-2 CONSTRUCTION MATERIALS AND METHODS
(l) New construction and substantial improvements to structures shall be constructed
with materials and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall be constructed
using methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE,
AO or A, new and substantially improved structures shall have fully enclosed areas
below the lowest floor that are useable solely for parking of vehicles, building access
or storage in an area other than a basement and which are subject to flooding,
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs to meet this requirement
must either be certified by a New York State licensed professional engineer or
architect or meet or exceed the following minimum criteria:
(i) a minimum of two openings of each enclosed area having a total net area of
not less than one square inch for every square foot of enclosed area subject to
flooding;
(ii) the bottom of all such openings no higher than one foot above the lowest
adjacent finished grade and;
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(iii) openings not less than three inches in any direction.
Openings may be equipped with louvers, valves, screens or other coverings or
devices provided they permit the automatic entry and exit of floodwater. Enclosed
areas sub-grade on all sides are considered basements and are not permitted.
5.2-3 UTILITIES
(1) New and replacement electrical equipment, heating, ventilating, air conditioning,
plumbing connections, and other service equipment shall be located at least two feet
above the base flood elevation, at least three feet above the highest adjacent grade in
a Zone A without an available base flood elevation where permitted, or be designed
to prevent water from entering and accumulating within the components during a
flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical
wiring and outlets, switches, junction boxes and panels shall be elevated or designed
to prevent water from entering and accumulating within the components unless they
conform to the appropriate provisions of the electrical part of the Building Code of
New York State or the Residential Code of New York State for location of such
items in wet locations;
(2) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for
buildings that have openings below the base flood elevation shall be provided with
automatic backflow valves or other automatic backflow devices that are installed in
each discharge line passing through a building's exterior wall; and,
(4) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
5.2-4 STORAGE TANKS
(1) Underground tanks shall be anchored to prevent flotation, collapse and lateral
movement during conditions of the base flood.
(2) Above-ground tanks shall be:
a. anchored to prevent floatation, collapse or lateral movement during conditions
of the base flood or;
b. installed at or above the base flood elevation as shown on the Flood Insurance
Rate Map enumerated in Section 3.2 plus two feet.
5.3 RESIDENTIAL STRUCTURES
5.3-1 ELEVATION
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The following standards apply to new and substantially improved residential structures
located in areas of special flood hazard, in addition to the requirements in sub-sections 5.1-
1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2,
STANDARDS FOR ALL STRUCTURES.
(1) Within Special Flood Hazard Areas, new construction and substantial improvements
shall have the lowest floor (including basement) elevated to or above two feet above
the base flood elevation.
(2) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall
be determined by either of the following:
a. Obtain and reasonably use data available from a federal, state or other source
plus 2 feet of freeboard or:
b. Determine the base flood elevation in accordance with accepted hydrologic and
hydraulic engineering practices, plus freeboard. Determinations shall be
undertaken by a registered design professional who shall document that the
technical methods used reflect currently accepted engineering practice. Studies,
analyses, and computations shall be submitted in sufficient detail to allow
thorough review and approval.
(3) Within Zone AO, new construction and substantial improvements shall have the
lowest floor (including basement) elevated above the highest adjacent grade at least
as high as the depth number specified in feet on the community's Flood Insurance
Rate Map enumerated in Section 3.2 plus two feet of freeboard, or not less than 3
feet if a depth number is not specified.
(4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
5.4 NON-RESIDENTIAL STRUCTURES
The following standards apply to new and substantially improved commercial, industrial and
other non-residential structures located in areas of special flood hazard, in addition to the
requirements in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2,
ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are
available, new construction and substantial improvements of any non-residential structure
shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two feet
above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the base
flood elevation, including attendant utility and sanitary facilities, with walls
substantially impermeable to the passage of water. All structural components
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located below the base flood level must be capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new construction and substantial improvements of non-residential
structures shall:
(i) have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the community's FIRM
plus two feet (at least three feet if no depth number is specified), or
(ii) together with attendant utility and sanitary facilities, be completely floodproofed
to that level to meet the floodproofing standard specified in subsection 5.4(1)(ii)
(3) If the structure is to be floodproofed, a licensed professional engineer or architect shall
develop and/or review structural design, specifications, and plans for construction. A
Floodproofing Certificate or other certification shall be provided to the Local
Administrator that certifies the design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of Section 5.4(1)(ii), including
the specific elevation (in relation to mean sea level) to which the structure is to be
floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters
around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest floor
(including basement) shall be elevated at least three feet above the highest adjacent grade.
5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in addition to the standards in Section 5.1, GENERAL STANDARDS,
and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of
special flood hazard to manufactured homes and to recreational vehicles which are located in
areas of special flood hazard.
(1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4).
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices and has no
permanently attached additions.
(2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH
and Zone A shall be elevated on a permanent foundation such that the bottom of the frame
of the manufactured home chassis is elevated to or above two feet above the base flood
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elevation and is securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
(3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be
elevated above the highest adjacent grade at least as high as the depth number specified on
the Flood Insurance Rate Map enumerated in Section 3.2 plus two feet (at least three feet if
no depth number is specified).
(4) The foundation and anchorage of manufactured homes to be located in identified
floodways shall be designed and constructed in accordance with Section 5.2-1,
ANCHORING.
5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES
The following standards apply to new and substantially improved accessory structures, including
detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map
designated in Section 3.2.
(1) The accessory structure must meet the definition of structure, for floodplain management
purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having
two outside rigid walls and a fully secured roof.
a. The accessory structure should be small, as defined by the community and approved by
FEMA, and represent a minimal investment. Accessory structures of any size may be
considered for a variance; however, FEMA considers accessory structures that meet the
following criteria to be small and therefore not necessarily in need of a variance, if the
community chooses to allow it:
b. Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to the size of a
one-story, two-car garage.
c. Accessory structures must meet the standards of Section 5.2-1, ANCHORING,
d. The portions of the accessory structure located below BFE plus two feet of freeboard
must be constructed with flood-resistant materials.
e. Mechanical and utility equipment for the accessory structure must be elevated or dry
floodproofed to or above BFE plus two feet of freeboard.
f. Within Zones AO and Zone A, if base flood elevation data are not available, areas below
three feet above the highest adjacent grade shall be constructed using methods and
practices that minimize flood damage.
g. The accessory structure must comply with the floodway encroachment provisions of the
NFIP.
h. The accessory structure must be wet floodproofed to protect the structure from
hydrostatic pressure. The design must meet the NFIP design and performance standards
for openings per 44 CFR § 60.3(c)(5) and must allow for the automatic entry and exit of
floodwaters without manual operation or the presence of a person (or persons).
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SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(l) The Zoning Board of Appeals as established by the Groton Town Board shall hear and
decide appeals and requests for variances from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the Local Administrator in
the enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision
to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Zoning Board of Appeals shall have considered all
technical evaluations, all relevant factors, and standards specified in other sections of this
local law and:
(i) the danger that materials may be swept onto other lands to the injury of others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the
community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated
development;
(viii) the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and emergency
vehicles;
(x) the costs to local governments and the dangers associated with conducting search
and rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(xii) the costs of providing governmental services during and after flood conditions,
including search and rescue operations, maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems and streets and bridges.
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(5) Upon consideration of the factors of Section 6.l(4) and the purposes of this local law, the
Zoning Board of Appeals may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this local law.
(6) All records of an appeal action including technical information shall be maintained by the
Town of Groton and shall report any variances to the Federal Emergency Management
Agency upon request.
6.2 CONDITIONS FOR VARIANCES
(l) Generally, variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing items (i-xii) in
Section 6.l(4) have been fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon
determination that:
(i) the proposed repair or rehabilitation will not preclude the structure's continued
designation as a "Historic structure"; and
(ii) the variance is the minimum necessary to preserve the historic character and
design of the structure.
(3) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(i) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met; and
(ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat to public safety.
(4) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(iii) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
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nuisances, cause fraud on or victimization of the public or conflict with existing local
laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor below the
base flood elevation shall be given written notice over the signature of a community
official that:
(i) the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage; and
(ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions as required in
Section 4.4-8 of this Local Law.
RESOLUTION #25-049 – APPROVE AND AMEND LOCAL LAW #1 OF 2025 FLOOD
DAMAGE PREVENTION LAW
MOVED by Councilperson Klumpp, seconded by Councilperson Gamel, approves and amends the
Flood Damage Prevention Law.
Ayes - Clark, Klumpp, Young, Gamel, Scheffler Resolution Passed
Nays -
Supervisor Scheffler made a MOTION to enter executive session to discuss litigation, asking the
attorney to also attend at 8:15 PM, seconded by Councilperson Gamel.
Ayes - Clark, Klumpp, Young, Gamel, Scheffler Resolution Passed
Nays -
A MOTION was made by Councilperson Gamel, seconded by Councilperson Young, to return from
the executive session; no decisions were made.
Ayes - Clark, Klumpp, Young, Gamel, Scheffler Resolution Passed
Nays -
Stipulation of Settlement Agreement with Yellow Barn Solar
The Town Board had a brief discussion regarding the Settlement Agreement proposed by Yellow Barn
Solar and the Office of Renewable Energy Siting.
MOTION #25-050 – APPROVE THE TOWN ENTERING INTO THE STIPULATION
AGREEMENT
MOVED BY Councilperson Gamel, seconded by Councilperson Young, to approve entering into the
Stipulation Agreement with Yellow Barn Solar and allow the Supervisor to sign the document.
Ayes - Clark, Klumpp, Young, Gamel, Scheffler Resolution Passed
Nays -
Town Board Minutes Page 26 May 13, 2025
The Highway Superintendent quickly added that auction items of interest to the Town would be at
Martin’s Auction this weekend, and he would bid if the opportunity was cost-effective.
Announcements:
Planning Board Meeting for Thursday, May 15, 2025- Rick
Zoning Board Meeting on May 21st has been cancelled.
There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson
Klumpp, at 8:35 PM, Unanimous.
Robin Cargian,
Groton Town Clerk