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HomeMy WebLinkAbout1983 #1 Land Use and Development Code(Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. )WqX GROTON of.................................................................................................................... Town Local Law No...................1...................................... of the year 19 ...8�.... A local law ..................TOWN, OF GROTON„ LAN................. ND, DEVELOPNIE,[T..G4DE...................................................... title) Beit enacted by the .................................. TOWN BOARD ......... of the ............................................................................................... (Name of Legislative Body) Town of............................................................ .......GROTON............................................................................. as follows: M1v SECTION 1: See attached copy of the text of Local Law No. 1 of the year 1983 entitled "TOWN OF GROTON LAND USE AND DEVELOPMENT CODE". SECTION 2: This Local Law shall take effect on August 18, 1983. 1`(lf additional space is needed, please attach sheets of the same size as this and number each) Page 1 Town of Groton Land Use and Development Code Article 1: Introduction Article 1 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 Organization This Code is divided into five Articles: Article 1: Introduction Article 2: Land Subdivision Regulations: Review Procedures and Design Standards Article 3: Land Use Regulations: Site Improvements, Facility Construction, and Establishment of Site Activities Article 4: Land Use Regulations: Procedures and Rules Article 5: Environmental Quality Review Section 103 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. This 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. r Town of Groton Land Use and Development Code Article 1: Introduction Section 104 Interpretations 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, Zoning Permit, Special Permit, Certificate of Zoning Compliance, 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 105 List of Sections and Effective Dates The following sections of this Code are in effect on and after the indicated effective dates of amendment. Amendment includes addition or deletion of sections or parts of sections. Sections Effective Dates Article 1 Introduction Section 100 Legislative Authority Aug 18, 1983 101 Title It 102 Organization it 103 Planning Basis it 104 Interpretations It 105 List of Sections and Effective Dates it 106 Availability It 107 Severability Mar 6, 1972 108 Repeal It 109 Effective Date it Town of Groton Land Use and Development Code Article 1: Introduction (Section 105 cont) 110 Language of Development Control: Definitions and Classifications Aug 18,1983 111 General Definitions 112 Land Subdivision Definitions " 113 Access Definitions " 114 Lot and Yard Definitions " 115 Facility Definitions " 116 Residential Definitions " 117-119: reserved. 120 Facility Type Classifications " 121 Site Improvements " 122 Nonresidential Facilities 123 Residential Buildings " 124 Accessory Facilities " 125 Signs 126-129: reserved. 130 Activity Type Classifications " 131 Residential Activities " 132 Civic Activities " 133 Commercial Activities " 134 Industrial Activities " 135 Agricultural Activities 136 Extractive Activities " 137-139: reserved. 140 Combined Facility Type/Activity Type Classifications " 141 Secondary Residential Activities (Home Occupations) " 142 Adaptive Reuse Activities for Nonresidential Facilities " 143-199: reserved. Town of Groton Land Use and Development Code Article 1: Introduction (Section 105 cont) Article 2 Land Subdivision Regulations: Review Procedures and Design Standards Section 200 Declaration of Policy Mar 3,1969 201 Applicability and Legal Effect it 202 Types of Subdivisions and Procedures it 203 Coordination with County Health Department it 204 Planning Board Use of Consultants and Services of County and Regional Planning Staff it 205 Plat Review of Undeveloped Subdivisions it 206-209: reserved. 210 Initiation of Subdivision Review: Submission of a Sketch Plat it 211 Classification as to Type of Subdivision Review Procedure it 212 Sketch Plat: Information to be Included it 213-219: reserved. 220 Rural Subdivision Review Procedure Aug 18, 1983 221 Application Requirements for Rural Subdivision Plat Review It 222 Subdivider to Attend Planning Board Meeting, Rural it 223 Planning Board Action on Rural Subdivision it 224-229: reserved. 230 Minor Subdivision Review Procedure Mar 3, 1969 231 Minor Subdivision: Application and Fee it 232 Application Requirements for Minor Subdivision Plat Review it 233 Subdivider to Attend Planning Board Meeting, Minor It 234 Public Hearing on Subdivision Plat, Minor it 235 Action on Subdivision Plat, Minor " 236-239: reserved. 240 Major Subdivision Review Procedure It 241 Major Subdivision Preliminary Plat: Application and Fee it 242 Major Subdivision Preliminary Plat and Accompanying Data " 243 Subdivider to Attend Planning Board Meeting, Major " 244 Study of Preliminary Plat " 245 Public Hearing and Review of the Preliminary Plat " 246 Planning Board Approval of Preliminary Plat " 247-249: reserved. Town of Groton Land Use and Development Code Article 1: Introduction (Section 105 cont) 250 Major Subdivision Final Plat Application Mar 3, 1969 251 Major Subdivision Final Plat and Accompanying Data It 252 Endorsement of State and County Agencies if 253 Public Hearing and Review of the Final Plat if 254 Planning Board Action on Proposed Final Subdivision Plat " 255 Required Improvements " 256 Modification of Design of Improvements " 257 Inspection of Improvements " 258 Proper Installation of Improvements " 259 Final Approval of Subdivision Plat " 260 Public Streets and Recreation Areas " 261-269: reserved. 270 Cluster Subdivisions " 271-279: reserved. 280 General Requirements and Design Standards 281 General Considerations Feb 1, 1972 282 Street Layout Mar 3, 1969 283 Street Design Feb 1, 1972 284 Street Names Mar 3, 1969 285 Lots It 286 Drainage Improvements It 287 Parks, Open Spaces, and Natural Features ff 288-289: reserved. 290 Waivers: Certain Required Improvements it 291 Separability it 292-299: reserved. Town of Groton Land Use and Development Code Article 1: Introduction (Section 105 cont) Article 3 Land Use Regulations: Site Improvements, Facility Construction, and Establishment of Site Activities Section 300 Purposes Aug 18, 1983 301 Development and Occupancy it 302 Facility Types and Activity Types it 303 Planned Unit Development it 304 Permits Required it 305 Health Department Approval It 306 Anticipation of Sewers It 307 Lot Dimensions it 308 Mixed Use of Lots if 309 Yard Requirements it 310 Clear Vision Area of 311 Height Limits Exemption it 312 Rubbish and Junk It 313 Fuel Tanks it 314 Street Numbers it 315 Porches and Covered Terraces it 316 Fences and Walls, Steps and Decks it 317 Excavations, Abandoned Construction, and Derelict and Destroyed Facilities it 318 Offstreet Parking Requirements It 319 Signs it 320 Nonconformance it 321-329: reserved. 330 Establishment of Districts " 331 Basic Districts 332 Combining Districts " 333 Planned Unit Development " 334 Interpretation of the Zoning Map " 335f Official Map " 340f Zoning Map: Basic Districts " 345f Zoning Map: Combining Districts " 350 District Regulations: Purpose " 351 Table of Land Use Regulations 352 Rural -Agricultural District: RA " 353 Low Intensity District: L " 354 Medium Intensity District: M " 355 Low Intensity Industrial District: I " 356-359: reserved. 360 Flood Hazard Area Combining District: FH " 361-369: reserved. 370f Planned Unit Development Districts, " 371-399: reserved. Town of Groton Land Use and Development Code, Article 1: Introduction (Section 105 cont) Article 4 Land Use Regulations: Administration Procedures and Rules Section 400 Purpose Aug 18, 1983 401 Administration: Officers and Boards it 402 Zoning Permits if 403 Certificate of Zoning Compliance it 404 Certificate of Conformance it 405 Board of Zoning Appeals it 406 Site Plan Review Board it 407 Schedule of Fees it 408 Approval of County Health Department It 409 Referral to County Planning Agency " 410 Violations: Procedures and Penalties it 411-414: reserved. 415 Amendments it 416-419: reserved. 420 Appeals and Variances it 421 Power to Hear and Decide Appeals it 422 Parties Who May Appeal it 423 Appeal Procedure be Board of Zoning Appeals it 424 Decisions it 425 Procedure for Appeals by an Applicant 426 Types of Variances " 427 Requirements for Granting Variances as to Dimension Regulations " 428 Requirements for Granting Variances as to Permitted Facilities and Activities " 429 Requirements for Granting Variances as to Public Access Regulations " 430 Requirements for'Granting Variances as to Building on a Site Proposed for Public Acquisition in the Town or County Official Map " 431 Procedure for Appeals by Public Officials or by Aggrieved Persons Other Than an Applicant " 432 Requirements for Revoking or Modifying a Permit " 433-439: reserved. 440 Site Plan Review and Approval " 441-444: reserved. 445 Site Plan Review in Flood Hazard Areas Combining District: FH " 446-459: reserved. 460 Planned Unit Development Procedure " 461-499: reserved. Town of Groton Land Use and Development Code Article 1: Introduction (Section 105 cont) Article 5 Environmental Quality Review Section 50.0 Introduction 501 Special Terms 502 Effect 503 List of Type I Actions 504 Statement by Applicant Required 505 Timely Determination 506 Fee for Application 507 Determination of Significance 508 Draft Environmental Impact Statement 509 Notice of Completion: DEIS 510 Evaluation of DEIS 511 Final Environmental Impact Statement 512 Notice of Completion: FEIS 513 Decision on Proposed Action 514 Findings 515 Filing of Determination 516 Files Open to Public 517 Determination of Lead Agency 518 Exempt Actions 519 Effective Date Section 520-599: reserved. Aug 1, 1977 1► ►1 Aug 18, 1983 Aug 1, 1977 1► ►1 ►► 11 ►► ►► 11 ' 11 I1 If if 11 ►1 Town of Groton Land Use and Development Code Article 1: Introduction Section 106 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 of $5.00. Section 107 Severability This code and the various parts thereof (sections, subsections, and clauses), are hereby declared to be severable. If any part is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the code is not affected thereby. If any part is adjudged unconstitutional or invalid as applied to a particular lot, facility, or activity, it is hereby provided that the application of that portion of the code to other lots, facilities, or activities is not affected thereby. Section 108 Repeal Upon the effective date of this code, all regulations, laws, and ordinances originally enacted in 1972 as Sections 300 to 1802 of the Zoning Ordinance of the Town of Groton, as amended, are hereby repealed. The adoption of this code, however, does not affect nor prevent any pending or future prosecution of, or action to abate, any existing violation or the repealed regulations, laws, and ordinances, as amended, if the violation is also a violation of this code. Section 109 Effective Date This code shall be in force and effect immediately upon adoption and publication as provided by law. Town of Groton Land Use and Development Code Article l: Introduction Section 110 Language of Development Control: Definitions and Classifications The purpose of this and following sections is to define the development control terms and expressions and the descriptive classifications which appear frequently in this code. Terms and expressions which are used infrequently are defined in the body of the text where they are used. To the extent possible the.definitions herein are intended to correspond with established definitions found in general development control practice. Particularly, definitions correspond with those of the U. S. Bureau of the Census and the New York State Uniform Fire Prevention and Building Code as well as other applicable state and federal laws and regulations. Except where specifically defined in these sections all terms and expressions carry their customary dictionary meanings. Town of Groton Land Use and Development Code Article 1: Introduction Section 111 General Definitions 111.01 Words used in the present tense include the future, and words used in the plural include the singular. 111.02 Occupied or Used are to be considered as though followed by the words "or intended, arranged, or designed to be occupied (or used)". 111.03 Master Plan or Comprehensive Plan: a comprehensive 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. 111.04 Official Map: the map established by the Town Board pursuant to Section 270 of the Town Law, showing streets, highways, and parks, and drainageways, both existing and proposed. 111.05 Development: any man-made change to improved or unimproved real estate, including to buildings or other structures, site modifications such as filling, paving, excavation, or mining operations. 111.06 Substantial Improvement: any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. 111.07 Zoning District: an area of land, with precise boundaries, established for purposed of regulating development. 111.08 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 460ff. Town of Groton Land Use and Development Code Article 1: Introduction 111.09 Home Occupation: a nonresidential activity considered appropriate to take place in residential facilities under conditions that make it compatible with residential neighborhoods. 111.10 Flood or Flooding: a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source. 111.11 Area of Special Flood Hazard: the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. 111.12 Flood Hazard Boundary Map or FHBM: the official map issued by the Federal Insurance Administration where the areas of special flood hazard have been designated Zone A. 111.13 Base Flood: the flood having a one percent chance of being equaled or exceeded in any given year. Town of Groton Land Use and Development Code Article 1: Introduction Section 112 Land Subdivision Definitions 112.1 Subdivision: division of a lot or lots into two 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. 112.2 Rural Subdivision: subdivision of land resulting in two to four lots each of which is 5 acres or 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 the zoning regulations, official map, or any other Town development policy; and (3) does not adversely affect use or development of adjoining land. 112.3 Minor Subdivision: subdivision of land resulting in two to four lots one or more of which is less than 5 acres or 2 hectares, and which: (1) does not include new streets, utility extensions, clustering, public open space or facilities; (2) does not conflict with the zoning regulations, official map, or any other Town development policy; and (3) does not adversely affect use or development of adjoining land. 112.4 Major Subdivision: subdivision of land resulting in five or more lots, or otherwise not qualifying as a Rural or Minor Subdivision. A Major Subdivision may involve new public right-of-way, utility extensions, or other new public facilities. Any cluster subdivision or other subdivision which deviates from the zoning regulations, official map, or other Town development policy will generally be considered a Major Subdivision. 112.5 Sketch Plat: a sketch of a proposed subdivision showing the form, layout, roads, public facilities, and other information specified in Section 212; the first -stage submission to the Planning Board, sufficient for the proposal to be classified as to type of review required and for the Board to make general recommendations as to any adjustments needed to satisfy the objectives of these regulations. 112.6 Preliminary Plat: a drawing, clearly marked "preliminary plat", showing the salient features of a proposed subdivision including information specified in Section 232; the second -stage submission to the Planning for purposes of its detailed consideration and public hearing. 112.7 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 Section 251; 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. Town of Groton Land Use and Development Code Article 1: Introduction Section 113 Access Definitions 113.01 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. 113.02 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. 113.03 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. 113.04 Minor Street: a street intended to serve primarily as an access to abutting properties. 113.05 Dead -End Street or Cul-de-sac: a street or a portion of a street with only one vehicular traffic outlet. 113.06 Street Pavement: the wearing or exposed surface of the roadway used by vehicular traffic. 113.07 Street Width: the width of right-of-way, measured at right angles to the centerline of the street. 113.08 Town Right-of-way (unimproved): a strip of land owner 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. Unless otherwise indicated all Town rights -of -way are 50 feet wide. 113.09 Town Highway (seasonal maintenance): a strip of land controlled or owned 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; unless otherwise indicated they are 50 feet wide. Town of Groton Land Use and Development Code Article 1: Introduction (Section 113 cont) 113.10 Town Highway (all -year maintenance): a strip of land controlled or owned by the Town government for the purpose of providing access to abutting lots and providing a bed for a 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; unless otherwise indicated they are 50 feet wide. 113.11 Easement: a strip of land over which a party has some legal rights short of ownership, e.g., an access easement: an driveway to an interior lot; a utility easement: a strip of land along which runs a utility line or overhead power transmission line. Town of Groton Land Use and Development Code Article 1: Introduction Section 114 Lot and Yard Definitions 114.01 Lot: an area of land in single ownership of record. This term is synonymous with parcel. Lot refers exclusively to development lot unless indicated otherwise. 114.02 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. 114.03 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. 114.05 Deed Lot: a lot as described on a deed, often including land out to the certerline of the public right-of-way. 114.06 Lot Line: the boundary line of a lot. 114.07 Street Line: a lot line dividing a lot from a public street. Minimum frontage is measured along a street line. 114.08 Frontage: the lot line dividing a lot from a public right-of-way. A street line. 114.09 Corner Lot: a lot having frontage on two streets where they intersect. 114.10 Double (or Multiple) Frontage Lot: a lot having frontage on two (or more) streets at points other than where they intersect. 114.11 Principal Frontage: on lots with two or more frontages, the one considered the main access to the lot. 114.12 Secondary Frontage: on lots with two or more frontages, all those frontages other than the Principal Frontage. 114.13 Interior Lot: a lot which has no frontage on any public street. Town of Groton Land Use and Development Code Article 1: Introduction (Section 114 cont) 114.14 Yard: the part of a lot which is open to the sky and which lies between the building line and the lot line. 114.15 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 have front yards on each frontage. 114.16 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. 114.17 Side Yard: the yard between each side building line and the side lot line, extending from the front yard in a direction away from the principal and secondary frontages. D C � C C � �$ B B A 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 1: Introduction Section 115 Facility Definitions 115.01 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. 115.02 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. A building is designed for the shelter and enclosure of human activities. 115.03 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 building on the lot. 115.04 Accessory Building: a building the use of which is incidental to that of the principal building, and which is located on the same lot. 115.05 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. 115.06 Building Line: a line formed by the intersection of the finished grade and a vertical plane that coincides with the most projected exterior point of the building. 115.07 Distance Separation: an open space between buildings or between a building and an interior lot line, provided to prevent the spread of fire . 115.08 Alteration: a change or rearrangement in the structural parts, and enlargement, or moving from one location or position to another of a structure. Town of Groton Land Use and Development Code Article 1: Introduction Section 116 Residential Definitions 116.01 Household: any number of related persons or up to five unrelated persons occupying a housing unit. 116.02 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. 116.03 Dwelling Unit: a facility designed or used for living quarters by a household, including provisions for cooking and sleeping. A dwelling unit always has its own kitchen; it always has a separate entrance; it usually has its own bathroom; it usually has more than one room; and it may have detached rooms. 116.04 Apartment: a dwelling unit in a building containing other dwelling units or nonresidential facilities. 116.05 Multiple Dwelling_ a residential building containing three or more dwelling units. 116.06 Rooming Unit: a facility 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. 116.07 Group Quarters: a residential facility 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 dormatories, monastaries, group homes, and prisons. 116.08 Group: any number of persons occupying group _quarters or six or more unrelated persons occupying a housing unit. 116.09 Detached Room: a room which is functionally part of a dwelling unit or group quarters, but is physically separate from it on the same lot. One or more detached rooms can be in a structure which is separate from the remainder of the dwelling unit or group quarters. Town of Groton Land Use and Development Code Article 1: Introduction (Section 116 cont) 116.10 Mobile Home: a factory -produced residential building transported to the site as a trailer or trailers, and containing one dwelling unit. 116.11 Mobile Home Park: a lot where two or more Mobile Home Residential Buildings are located or which has facilities for two or more Mobile Home Residential Buildings. 116.12 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 meeting Health Department requirements. Section 117-119: reserved. Town of Groton Land Use and Development Code Article 1: Introduction Section 120 Facility Type Classifications Facilities are placed into five general classes of facility types: 1. Site Improvements (Section 121); 2. Nonresidential Facilities (Section 122); 3. Residential Buildings (Section 123); 4. Accessory Facilities (Section 124); and 5. Signs (Section 125). Facilities that make up these general classes of facility types are not listed individually but are grouped according to their shared physical characteristics. These groupings of specific facilities into physically defined, yet open-ended, classes are called facility types. This code regulates development in terms of facility types rather than individually described facilities. It is intended that all facilities fit into one or another facility type class. It is the Zoning Officer's responsibility to place an applicant's proposed work into a facility type class and thereby determine whether it is a permitted facility type or not. The facility type classes are not exclusive: a lot can have a combination of facility types on it and a single structure can comprise a combination of facility types. Section 121 Site Improvements Site Improvements are facilities which increase the usability of a lot and thereby increase the usability of other facilities on it. The Site Improvements class comprises the following facility types: 121.1 Public Utility: a facility provided on a fee or taxation basis by a public or quasipublic agency. E.g.: electrical service, public water service, public sewer service. 121.2 Private Utility: a facility on the lot for the provision of water and disposal of sewage, all parts of which are normally underground. Specifically included is a well or septic system for one or as many as four lots. 121.3 Surface Modification: alteration to the surface of a lot for the purpose of improving its usability. E.g.: grading, paving, dam, drainage ditch. Town of Groton Land Use and Development Code Article 1: Introduction Section 122 Nonresidential Facilities Nonresidential Facilities are designed to accommodate Civic, Commercial, Industrial, Agricultural, or Extractive Activity (see Section 132ff) or combinations of those activities. General physical configuration is the basis for the following facility type classes: 122.1 Enclosed Nonresidential Building: a nonresidential facility comprising a structure with a roof and full perimeter walls pierced only by windows and customary entrances and exits. 122.2 Open Nonresidential Facility: an improved open area or structure with less than a roof and full perimeter walls, but excluding site improvements such as fencing, drainage, or grading to make the site more suitable for tilling, pasturage, forestry, or similar activity. E.g., used car lot, sales or storage yard, open shed, open campground. 122.3 Drive-in Nonresidential Facility: a structure and open area so designed that customers can receive a service or purchase or consume a good while remaining in or near their car. E.g.: a drive-in restaurant or bank, drive-in theater, service station, roadside produce stand. Town of Groton Land Use and Development Code Article 1: Introduction Section 123 Residential Buildings Residential Buildings are facilities which are designed to accommodate Residential Activities (Section 131), with rooms designed for sleeping, eating, etc. The Residential Buildings class comprises the following facility types: 123.01 One -unit Residential Building: a building containing a single dwelling unit and no rooming units. 123.02 Two -unit Residential Building: a building containing two dwelling units and no rooming units. 123.03 Multiple -unit Residential Building: apartment houses or groups of buildings containing three or more dwelling units and no rooming units. 123.04 Rooming Unit Residential Building_.L a building containing one or more rooming units (and ordinarily containing one or more dwelling units as well). 123.05 Mobile Home Residential Building: a factory -produced residential building transported to the site as a trailer or trailers, and containing one dwelling unit. 123.06 Experimental Residential Building: a residential building, usually owner -built, which is nonconventional as to appearance, size, space arrangement, or type and number of constituent parts. 123.07 Group Quarters Residential Building: a residential building containing Group Quarters, in which some parts of the living accommodations may be discrete units (separate sleeping rooms) while other parts are shared by the whole group (common kitchen and dining room). E.g.: dormatories, monastaries. The difference between group quarters and a dwelling unit is primarily a matter of scale, therefore the division between the two is based on an arbitrary number of persons for which the space is designed. 123.08 Recreational Cabin: a residential building containing a rooming unit or a dwelling unit, conforming only to the minimum floorspace requirement of a rooming unit, including sanitary facilities conforming to Health Department requirements. 123.09 Permanent Camp Facility: a lot developed with cabins or tent sites and sanitary facilities conforming to Health Department requirements. Permanent kitchen, dining group assembly, and recreation facilities may also be included. Town of Groton Land Use and Development Code Article 1: Introduction Section 124 Accessory Facilities Accessory Facilities are facilities designed to accompany and complement a principal facility on the lot. The Accessory Facilities class comprises the following facility types: 124.01 Material Storage Facility: a building or structure for storage or protection of yard maintenance equipment, firewood, or the like. E.g.: wood shed, machine shed. 124.02 Household Production Facility: a building or structure designed for home production of food, fiber, or other goods for home use. E.g.: animal shed and pen, smokehouse, stock fencing, garden structure, potting shed, arbor, greenhouse. 124.03 Landscaping and Landscape Facility: plantings of shrubs, trees, ground covers, and grasses, fences, walls, pools, and fountains for the purpose of enhancing the appearance and livability of buildings and other facilities, visual or sound screening, windbreak, or stabilizing slopes. E.g.: lawn, decorative planting, hedge, opaque fence, fountain. 124.04 Utility Accessory Facility: structures for accommodating utility functions. E.g.: mailbox, trash can enclosure, well house, windmill, solar collector. 124.05 Recreation Facility: a building or structure for recreational activity. E.g.: gazebo, screenhouse, swing set, playhouse, private noncommercial kennel, swimming pool. 124.06 Access Facility: cleared or paved area or structure for vehicular or pedestrian access to the buildings or structures on the lot. E.g.: loading dock, driveway, walkway (including steps). 124.07 Parking, Facility: any facility for parking of automobiles and other vehicles. E.g.: garage, carport, paved parking area. Town of Groton Land Use and Development Code Article 1: Introduction Section 125 Signs Signs include all devices and structures the primary purpose of which is to convey messages of identification or information. The signs class comprises the following facility types: 125.01 Residential Sign: name plate, keep out notice, or similar sign incidental to Residential Activity (see Section 131). 125.02 Special Sign: flagpole, memorial plaque, or temporary political, charity -drive, or warning sign, including any legally required sign. 125.03 Development Sign: any temporary sign announcing the sale or rental of a building under construction or a subdivision being developed, or identifying the architect, builder, or developer. 125.04 Realty Sign: any temporary sign announcing the sale or rental of an existing facility. 125.05 Civic Sign: any name plate, bulletin board, or similar sign relating to a Civic Activity (see Section 132). 125.06 Business Sign: any sign identifying the firm or the services or products of a Commercial, Industrial, Agricultural, or Extractive Activity located on the same lot. Also included is any sign with display surfaces less that 50 percent of which advertise services or products which do not constitute a predominant function of the firm. E.g.: a sign advertising a soft drink brand at a grocery store, but also displaying the name of the store. 125.07 Advertising Sign: any sign advertising a firm, service, or product which is not offered or produced on the same lot. Also included is any sign with display surfaces more than 50 percent of which advertises a service or product which does not constitute a predominant function of the firm, if any, on the lot. Section 126-129: reserved. Town of Groton Land Use and Development Code Article 1: Introduction Section 130 Activity Type Classifications Activities are places into six general classes of Activity Types: 1. Residential (Section 131); 2. Civic (Section 132); 3. Commercial (Section 133); 4. Industrial (Section 134); 5. Agricultural (Section 135); and 6. Extractive (Section 136). Activities that make up these general classes of activity types are not listed individually but are grouped according to their shared operational characteristics: similar economic function, locational needs, traffic generation characteristics, parking needs, and external effect on nearby activities. The groupings of specific activities into,operationally defined yet open-ended classes are called activity types. The code regulates development in terms of activity types rather than individually described activities. It is intended that all activities fit into one or another activity type class. It is the Enforcement Officer's responsibility to place an applicant's proposed activity into an activity type class and thereby determine whether it is a permitted activity type or not. The activity type classes are not exclusive: an enterprise can comprise a combination of activity types. Town of Groton Land Use and Development Code Article 1: Introduction Section 131 Residential Activities Residential Activities include the usual routines of human habitation, but exclude institutional arrangements (as in nursing homes, hospitals, and prisons) and primarily transient arrangements (as in hotels and motels). The Residential Activities class comprises the following three activity types: 131.1 Household Residential Activity: occupancy of housing accommodations on a permanent (longer than one month) basis by a household, including the activities normally found in houses, apartment houses, and rectories, including gardening and keeping of pets. The activity may also include day care for pay for as many as two children. 131.2 Rooming House Residential Activity: occupancy of rooming unit housing accommodations on a permanent (longer than one month) basis, including the activities normally found in rooming houses and boarding houses. 131.3 Grou Residential Activity: occupancy of housing accommodations on a permanent longer than one month) basis by a group, including the activities normally found in fraternity houses, dormitories, and licensed group homes. Town of Groton Land Use and Development Code Article 1: Introduction Section 132 Civic Activities Civic Activities involve the provision of a utility, educational, recreational, cultural, medical, or similar service, usually performed by a governmental or quasipublic institution. The Civic Activities class comprises the following activity types. 132.01 Community Education: public, private, or parochial elementary, junior high, and senior high schools; kindergartens, orphanages, and day-care centers for three or more children. 132.02 Nonassembly Cultural Activity: public or private nonprofit museums, art galleries, libraries, and observatories. 132.11 Limited Child -Care: day-care or foster homes for three or fewer children. 132.12 Nursing Homes: rest homes, nursing homes, and similar institutions with three or fewer patients. 132.13 Major Medical Civic Activity: nursing and rest homes with more than three patients, health clinics, and hospitals. 132.21 Community Assembly: churches, private clubs, union halls, auditoriums, and similar activities involving group assembly (excludes larger stadiums and sports arenas). 132.22 Recreational Camping: day camp or short-term overnight camping, including picnicking, swimming, hiking, or similar activities, but not including educational or religious programs or group assembly. 132.23 Educational, Training, or Religious Camp: day camp or short-term overnight camping, including picnicking, swimming, hiking, riding, or similar activities, and featuring educational, training, or religious programs which may include group assembly. 132.31 Essential Service Civic Activity: maintenance and operation of parks and playgrounds, private streets, cemeteries, and polling places. 132.32 Administrative Civic Activity: public or parochial administrative offices. Town of Groton Land Use and Development Code Article 1: Introduction 132.33 Vehicular Civic Activity: police and fire stations, bus terminals, fleet garages, post offices, and similar activities. 132.34 Utility Civic Activity: electric and pipeline substations and pumping stations, waterworks, sewage treatment plants, solid waste transfer stations, sanitary landfills,and similar activities. 132.35 Communication Civic Activity: telephone or other communication switching activities, radio or television transmission or receiving tower or antenna field activities, and similar activities. 132.41 Extensive Impact Civic Activity: airports, stadiums, arenas, downhill ski areas, zoos, motor vehicle racing or other vehicular competition activities, and other activities with a similarly wide potential impact on the surrounding area. Town of Groton Land Use and Development Code Article 1: Introduction Section 133 Commercial Activities Commercial Activities are privately operated profit -seeking activities, other than those of an industrial, agricultural, or extractive nature, and typically involve sale of goods or provision of services. The Commercial Activities class comprises the activities listed below. They are grouped according to general operational characteristics, such as effects on their surroundings, the need for offstreet parking and loading space, and the need for business signs. 133.0 Personal Service Commercial Activities: 133.01 Medical Service: medical and dental private practitioners and medical labs. E.g.: physician's office, dentist's office, medical analysis lab: excludes hospitals and similar Civic Activities. 133.02 General Personal Service: provision of personal services to individuals. E.g.: barbering, hairdressing, tailoring, individual music instruction, palmistry, photo studio: excludes medical and other professional services, repair, laundry, services provided to assembled groups, and provision of living accommodations. 133.03 Consultative and Financial Service: provision to individuals or firms, of advice, designs, or information of a professional nature, or the transfer of money, legal instruments, or real estate. 133.04 Undertaking Service: care and preparation of human deal for burial. E.g.: mortuary, funeral home. 133.1 Retail Sales Commercial Activities: 133.11 Food Sales and Service: retail sale of food or beverages primarily for off -site consumption. E.g.: grocer, market, retail bakery, liquor store. 133.12 Eating and Drinking Establishment: retail sale of food, beverages, or both, prepared and served for on -site or off -site consumption. E.g.: restaurant, diner, bar. 133.13 Convenience Sales and Service: retail sale of drugs and other frequently needed small convenience items such as tobacco and magazines; certain convenience services need on a frequent basis. E.g.: drug store, newsstand, self-service laundromat or dropoff station. Town of Groton Land Use and Development Code Article 1: Introduction 133.14 General Retail Sales: retail sale of goods, other than food and small convenience items, for personal or household use. E.g.: apparel store, department store, furniture store or home appliance store (may include appliance repair), variety store, retail greenhouse: excludes sale of motor vehicles or building materials. 133.15 Agriculture Service: sale of services and supply to agricultural enterprises. E.g.: bulk feed sales, farm machinery repair shop, farm machinery retail sales. 133.2 Repair and Cleaning Service Commercial Activities: 133.21 Repair Service: repair of personal apparel or of household appliances and similar items. E.g.: small appliance repair, TV repair, electric motor repair: excludes repair of internal combustion engines, large household appliances, or furniture. 133.22 Furniture and Appliance Repair: furniture stripping, refinishing, upholstery, cleaning, or otherwise repairing furniture, and repair of large household appliances. 133.23 Apparel Cleaning: dry cleaning or laundry service for clothing, bedding, draperies, carpets, industrial wiping clothes, and similar items; may include repair. E.g.: diaper service, bachelor laundry, industrial uniform service. 133.3 Business Service and Administration Commercial Activities: 133.31 Administrative Commercial Activity: executive, management, administrative, or clerical activity of a firm. E.g.: corporate headquarters, branch office, data storage center. 133.32 Business Service: services of a clerical, goods brokerage, or minor processing nature offered primarily to firms. E.g.: printing service, secretarial service, copy service, wholesaler without stocks. 133.33 Retail Business Supply: sale of office equipment and similar supplies directly to firms and other organizations using them. E.g.: barber equipment and supply, hotel or office equipment and supply. Town of Groton Land Use and Development Code Article 1: Introduction 133.34 Research Service: research of an industrial or scientific nature conducted by a producing firm or offered as a commercial service. E.g.: commercial testing lab, research center for a manufacturing firm: excludes medical testing and routine quality control product testing. 133.35 Communication Service: production of recordings, films, programs for broadcast, or printing items such as brochures, magazines, newspapers, or books. E.g.: radio or television studio, recording studio, newspaper or magazine office (except printing), advertising design and layout studio. 133.4 Goods Handling Commercial Activities: 133.41 General Wholesale Sales: storage and wholesale of goods, as well as storage of goods to be delivered to retail outlets of the same firm. E.g.: wholesale apparel supply, warehouse for supermarket chain, beverage distributor. 133.42 Transport and Warehousing freight handling, shipping, and warehousing services offered to other firms or to the public.. E.g.: household goods moving and storage service, public warehouse, trucking firm warehouse. 133.5 Group Service Commercial Activities: 133.51 Group Entertainment: recreation or entertainment services offered to assembled groups of persons. This activity type is usually found in enclosed nonresidential facilities. E.g.: dance hall, night club, theater, skating rink. 133.52 Training or General Education: training in specific skills or general education offered to assembled groups or persons by other than a public or civic enterprise. E.g.: secretarial training, trade union training center, self-improvement classes, dance instruction, gymnastics training, karate school, music instruction. 133.53 Group Outdoor Recreation: outdoor recreation or training in outdoor recreation skills, including related equipment rental, sales, and service and animal care. This activity type usually uses extensive open areas or large arenas. E.g.: riding academy or commercial stable, cross-country skiing center, canoeing center. Town of Groton Land Use and Development Code Article 1: Introduction 133.6 Vehicle Sales or Rental Commercial Activities: 133.61 Vehicle Sales or Rental: retail or wholesale sales or rental of motor vehicles. E.g.: car rental, new or used car dealer, truck or trailer rental, snowmobile or motorcycle sales. 133.62 Camper Sales: sale and service of self-propelled camper vehicles, camper trailers, camper caps, and similar items. 133.63 Mobile Home Sales: display and sales of mobile homes whether associated with a mobile home park of not. Transport and set-up service may be included. Mobile home sales or brokerage without stocks is not included in this activity type. 133.64 Boats and Boating Equipment Sales and Service: display and sale of new or used boats and equipment as well as servicing of boats and boat motors, and boat storage. 133.7 Vehicle Service Commercial Activities: 133.71 Vehicle Servicing: service stations engaged in maintenance and minor repairs to vehicles, and sale of fuel, lubricants, and accessories. E.g.: gas station, truck stop. 133.72 Vehicle Repair: major repair service, including rustproofing, modification, and installation of accessories in motor vehicles. E.g.: vehicle repair shop, body shop, vehicle glass replacement, vehicle upholstery shop, vehicle radio and similar equipment installation, snowmobile or motorcycle repair shop. 133.73 Vehicle Cleaning: cleaning of cars, trucks, busses, and other vehicles. E.g.: self-service car wash, mechanized car wash, wash and wax service. 133.74 Vehicle Fee Parking: vehicle parking, available to the general public on a fee basis. 133.8 Traveler's Service Commercial Activities: 133.81 Traveler's Habitation Commercial Activity: provision of living accommodations on a primarily short-term basis. E.g.: hotel, motel, tourist home. 133.82 Tourist's Camping Commercial Activity: provision of facilities and services for short-term tent or vehicle camping, including picnicking, swimming, hiking, or similar activities, but not including educational or religious programs or group assembly, operated as a profit -seeking enterprise. Town of Groton Land Use and Development Code Article 1: Introduction 133.9oMiscellaneous Commercial Activities: 133.91 Animal Care: care, treatment, or boarding of animals. E.g.: animal hospital, animal boarding service. 133.92 Building and Yard Service: installation, servicing, and repair of all types of mechanical and electrical systems for buildings (e. plumbing, water system, heating, air conditioning, septic system contractors , exterior signage (e.g., custom sign contractors), and landscaping (e.g., tree service, landscape contractors). Place of business typically has office, machinery storage, workshop, and/or display of goods, although most or all work is done away from the place of business. 133.93 Construction Sales Commercial Activity: retail or wholesale sale of building materials, as well as incidental material storage activities performed by a building contractor or similar enterprise on a lot other than the construction site. E.g.: building materials retailer or wholesaler, lumber yard, brick yard. 0 Town of Groton Land Use and Development Code Article 1: Introduction Section 134 Industrial Activities Industrial Activities are usually privately operated, profit -seeking activities involving on -site manufacture, processing, or assembly of goods. The activity types are defined in terms of potential for nuisance impact on their surroundings. The Industrial Activities class comprises the following activity types: 134.1 Custom Manufacturing: nuisance -free, usually labor-intensive manufacture of small, precision, or custom -designed or custom -fitted items. E.g.: jewelry making or other handicraft, custom clothing manufacture, craft pottery. 134.2 LiZht Manufacturing: manufacturing typically having few if any nuisance characteristics. E.g.: noncustom clothing manufacture, cabinet making, welding and small metal products manufacture, sheetmetal shop, scientific instrument manufacture, computer component manufacture and/or assembly. 134.3 General Manufacturing: manufacturing which typically has moderate nuisance characteristics. E.g.: electrical equipment manufacture, wood planing, food processing, boat building, meat cutting, brewery, glass manufacture, large metal goods fabrication. 134.4 Heavy Manufacturing: manufacturing which typically has heavy nuisance characteristics. E.g.: petroleum refining, slaughtering of animals, chemical manufacture, sawmilling, asphalt manufacture, concrete batching. 134.5 Salvage and Scrap Processing: salvage of machinery parts and storage, processing, and sale of scrap or used materials. E.g.: recycling plant, scrap metal processor, paper and rag processor, vehicle salvage yard. Town of Groton Land Use and Development Code Article 1: Introduction Section 135 Agricultural Activities Agricultural activities include production of plants and animals and plant and animal products in many different combinations and at many different scales of operation, from household poultry flocks to hobbies to fullscale business agriculture. The Agricultural Activities class comprises the following activity types: 135.1 Household Livestock Production: production of livestock and livestock products by a household for use by the household conducting the activity. 135.2 Homestead Food and Fiber Production: production of crops, livestock, and related products by a household for the household's use, but including incidental commercial sales. These activities are normally part-time or subsistence, sometimes recreational, and primarily for household use, with commercial sale of produce not the primary purpose of the activity. 135.3 Commercial Farm Headquarters: handling, storage, and wholesale sale of farm products; keeping, feeding, breeding, milking, and other management of livestock; maintenance, storage, and use of agricultural machinery; processing of farm products for use on the same farm; and may include on -site retail sale of agricultural products. These activities are normally full-time commercial agricultural businesses conducted by a business entity. 135.4 Retail Agricultural Sales: retail sales of agricultural products in which the retail activity takes place on the same site and under the same management as the agricultural activity which produced the agricultural products. 135.5 Field and Forest Production: management of field, vineyard, or orchard crops, grazing of livestock, or woodlot or forest management activities. These activities are associated with household, homestead, or commercial agricultural activities but may be located some distance form the headquarters of those activities. Town of Groton Land Use and Development Code Article 1: Introduction Section 136 Extractive Activities Extractive activities include quarrying and mining activities for the production of sand, gravel, stone, ore, coal, salt, gas, oil, and other mineral products. The extractive activities class comprises the following two activity types defined on the basis of the scale of operations: 136.1 Limited Extractive Activity: open -pit mining of sand and gravel and quarrying of stone, secondary to other use of the land, to provide partial income for the landowner or operator. 136.2 Commercial Extractive Activity: commercial quarrying and mining for the production of sand, gravel, stone, ore, coal, salt, gas, oil, or other mineral products. This activity is a full-scale business operation conducted by a business entity and not incidental or secondary to any other use of the land. Section 137-139: reserved. Town of Groton Land Use and Development Code Article 1: Introduction Section 140 Combined Facility Type/Activity Type Classifications There are some activities which can be fully described only if the facility they occupy is included in the description: the Combined Facility Type/Activity Type Classifications. This is a special category of activities defined in terms of the type of facility occupied, the size of the enterprise conducting the activity, and its impact on the surroundings. They are small scale, low -traffic, low -visibility enterprises occupying facilities in areas where larger -scale enterprises would be unsuitable. Special restrictions are applied to these enterprises to ensure their impact will remain small: these include prohibiting exterior display of goods or open storage, restricting the number of nonresident employees, limiting business signs, limiting the amount of floorspace used, etc. Section 141 Secondary Residential Activities (Home Occupations) The purpose of this classification is to identify those activities which are suitable as a secondary use of an occupied dwelling unit. These are commonly know as 'home occupations': business enterprises conducted in a dwelling unit the primary use of which is residential. The following activity types comprise home occupations: 141.1 Medical Service: medical and dental private practitioners. E.g.: physician's office, dentist's office. 141.2 General Personal Service: provision of personal services to individuals. E.g.: barbering, hairdressing, tailoring, individual music instruction, palmistry, photo studio; excludes medical and other professional services, repair, laundry, services provided to assembled groups, and provision of living accommodations. 141.3 Consultative and Financial Service: provision to individuals or firms of advice, designs, or information of a professional nature, or the transfer of money, legal instruments, or real estate. E.g.: architect's office, insurance agent's office, lawyer's office, real estate office; excludes medical and dental, laundry, repair, and wholesaling with stocks. Town of Groton Land Use and Development Code Article 1: Introduction 141.4 Repair Service: repair of personal apparel or of household appliances and similar items. E.g.: small appliance repair, TV repair, electric motor repair: excludes repair of internal combustion engines, large household appliances, or furniture. 141.5 Custom Manufacturing: nuisance -free, usually labor-intensive manufacture of small, precision, or custom -designed or custom -fitted items. E.g.: jewelry making or other handicraft, custom clothing manufacture, craft pottery. Section 142 Adaptive Reuse Activities for Nonresidential Facilities The purpose of this classification is to identify those activities which are suitable for existing nonresidential facilities which are typically nonconforming as to facility type but are otherwise suitable for a nonresidential activity, or are unneeded or obsolete accessory buildings or agricultural buildings. Permitting this type of occupancy is intended to prevent waste of existing nonresidential facilities while imposing standards of use and appearance on the facility which will safeguard the overall character of the neighborhood. This classification includes the following activity types: 142.1 General Personal Service: provision of personal services to individuals. E.g.: barbering, hairdressing, tailoring, individual music instruction, palmistry, photo studio: excludes medical and other professional services, repair, laundry, services provided to assembled groups, and provision of living accommodations. 142.2 Repair Service: repair of personal apparel or of household appliances and similar items. E.g.: small appliance repair, TV repair, electric motor repair: excludes repair of internal combustion engines, large household appliances, or furniture. 142.3 Furniture and Appliance Repair: furniture stripping, refinishing, upholstery, cleaning, or otherwise repairing furniture, and repair of large household appliances. 142.4 Custom Manufacturing: nuisance -free, usually labor-intensive manufacture of small, precision, or custom -designed or custom -fitted items. E.g.: jewelry making or other handicraft, custom clothing manufacture, craft pottery. 142.5 Light Manufacturing: manufacturing typically having few if any nuisance characteristics. E.g.: noncustom clothing manufacture, cabinet making, welding and small metal products manufacture, sheetmetal shop, scientific instrument manufacture, computer component manufacture and/or assembly. Section 143-199: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Article 2 Land Subdivision Regulations: R@vi@w Proc@dur@@ 4nd W@imn ftmdard@ Section 200 Declaration of Policy By the authority of the resolution of the Town Board of the Town of Groton, adopted on March 3, 1969, 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: 1. To approve plats showing lots, blocks, or sites, with or without streets or highways; 2. to approve the development of entirely or partially undeveloped plats already filed in the office of the clerk of the county; and 3. to conditionally approve preliminary plats, within that part of the Town of Groton outside the limits of any incorporated city or village. 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, 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; that proper provision shall be made for drainage, water supply, sewerage, and other needed improvements; 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; that the proposed streets shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Master Plan, 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; and that proper provision shall be made for open spaces for parks and playgrounds. In order that land subdivisions may be made in accordance with this policy, these regulations, which shall be known as, and which may be cited as the "Town of Groton Land Subdivision Regulations", have been adopted by the Planning Board on August 20, 1969, and approved by the Town Board on July 6, 1970. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 201 Applicability and Legal Effect 201.1 Applicability. These regulations apply to: 1. all division of land into two or more lots, whether new streets, public facilities, or utility extensions are involved or not; 2. any transfer of land from lot to lot by relocating lot boundary lines; and 3. any other land transaction which requires filing of a plat with the County Clerk. 201.2 Legal Effect: Land Use Regulations. Whenever any subdivision of land is proposed to be made, and: 1. before any site modifications are made and 2. 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 these regulations. 201.3 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 New York Town Law, Section 278. 201.4 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 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 202 Types of Subdivisions and Procedures These regulations recognize three types of subdivision. (see Section 112) which are subject to three different review and approval procedures by the Planning Board at public meetings. 202.1 Manor Subdivision: including new streets, utility extensions, clustering, deviation from established Town policy, and/or resulting in five or more lots. Review includes three required submissions by subdivider and at least one public hearing by the Planning Board. 202.2 Minor Subdivision: resulting in tw^ to four lots of less than fivA acres or two hectares, and no new public facilities. Review includes two required submissions by subdivider and may include a public hearing if considered desirable by the Planning Board. 202.3 Rural Land Division: resulting in two to four lots of five acres or two hectares or more, and no new public facilities. Review includes one required submission and may be concluded at a single meeting. Section 203 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 the 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 applicabilitv of the Code is made by officers of the County Health Department. Section 204 Planning, Board Use of Consultants and Services of County and Regional Planning Staff The Planning Board mau 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 205 Plat Review of Undeveloped Subdivisions The Planning Board may, on direction of the Town Board, review, for purposes of revision, those plats already on file with the County Clerk if 20 percent or more of the plat is undeveloped for reasons other than terrain, drainage, soil conditions, or the like. Legislative authority for such review is found in New York Town Law, Section 276. Section 206-209: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 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 Secretary of the Planning Board at least ten days prior to the regular meeting of the Board: 1. a written request to approve the proposed subdivision, including any information the owner considers pertinent, and 2. two copies of a sketch plat of the proposed subdivision (a sketch plat must comply with the requirements of Section 212), for the purposes of preliminary discussion and classification as to tvpe of subdivision review procedure to be followed. 210.2 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. 210.3 The Planning Board shall determine whether the sketch plat meets the requirements of Section 212 and may, if the sketch plat is insufficiently complete, reject the application with reasonQ 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 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. START No -� New streets needed? a.• Yes No -•� Utility extension needed? +-- Yes Any conflict with Master Plan, No --•• Official Map, or Zoning Regu- a- Yes lations? (DO --W Cluster subdivision proposed? VI- Yes 2-4 -•.r How many resulting lots? s- 5+ No Are any resulting lots less than 5 acres or 2 hectares? t Rural Subdivision: Sections 220-229 Minor Subdivision: Sections 230-239 y Major Subdivision: Sections 240-269 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 212 Sketch Plat: Information to be Included 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: 1. 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. 2. 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 or 60 m thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet or 3 m. 3. The name of the owner and of all adjoining property owners as disclosed by the current tax role. 4. The tax map, block, and lot numbers of all lots shown on the plat. 5. All the utilities available and all streets as they appear on the Official Map. 6. The proposed pattern of lots (with dimensions), street layout, recreation areas, systems of drainage, sewerage, and water supply within the subdivided area. 7. All existing restrictions on the use of land, including easements, covenants, and zoning district boundary lines. Section 213-219: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 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 232). Section 221 Application Requirements for Rural Subdivision Plat Review In the case of Rural Subdivision, the Subdivision Plat application shall be accompanied by a fee of 10 dollars and shall include the following information: 1. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract. 2. A deed description of the proposed lots and/or a tax map with the proposed lots drawn on it with dimensions. However, if the Planning Board determines it is necessary, the application must include 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. 3. 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. 4. Any map submitted with the application must have on it the proposed subdivision name (if any), name of the Town and County in which it is located, the date, north point, map scale, and the name and address of the owner of record and the subdivider. 5. If a plat is to be filed with the County Clerk it shall be printed upon or be clearly drawn in India ink upon drafting film. The size of the sheet shall be 24 by 36 inches, or 18 by 24 inches, or other size approved by the Planning Board. Section 222 Subdivider to Attend Planning Board Meeting, Rural The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board at which the Rural Subdivision is discussed and acted on. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 223 Planning Board Action on Rural Subdivision 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 an its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each. Section 224-229: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 230 Minor Subdivision Review Procedure If the review of the Sketch Plat provided for in Section 211 results in the determination that the Minor Subdivision Review Procedure applies, the provisions in Sections 231 through 239 are to be followed. Section 231 Minor Subdivision: Application and Fee Within six months after classification of the Sketch Plat as a Minor Subdivision by the Planning Board (see Section 211), 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 re-classification. The Plat shall conform to the layout shown on the Sketch Plat plus any recommendations made by the Planning Board. The application shall also conform to the requirements listed in Section 232. Five copies of the Subdivision Plat shall be presented to the Clerk of the Planning Board at the time of submission of the Subdivision Plat. All applications for Plat approval for Minor,Subdivisions shall be accompanied by a fee of 20 dollars. 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 232 of these regulations, has been filed with the Clerk of the Planning Board. 8 Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 232 Application Requirements for Minor Subdivision Plat Review The Subdivision Plat application shall include the following information: 1. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract. 2. 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. 3. 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. 4. Proposed subdivision name (if any), name of the Town and County in which it is located. 5. The date, north point, map scale, and the name and address of the owner of record and the subdivider. 6. The Plat to be filed with the County Clerk shall be printed upon or be clearly drawn in India ink upon drafting film. The size of the sheet shall be 24 by 36 inches, or 18 by 24 inches, or other size approved by the Planning Board. Section 233 Subdivider to Attend Planning Board Meeting, Minor The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board at which the Subdivision Plat (Minor) is first discussed. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 234 Public Hearing on Subdivision Plat, Minor A public hearing shall be held by the Planning Board within 45 days from the time submission of the subdivision plat for approval. The hearing shall be advertised in a newspaper of general circulation in the Town at least 5 days before such hearing. Section 235 Action on Subdivision Plat, Minor 235.1 The Planning Board shall, within 45 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. 235.2 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. 235.3 Within 5 days of the resolution granting conditional approval, the plat shall be certified by the Clerk of the Planning Board as conditionally approved, a copy shall be filed in their 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. 235.4 Upon completion of the requirements in the resolution of 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 to exceed two additional periods of 90 days each. Section 236-239: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 240 Major Subdivision Review Procedure If it is determined in the Sketch Plat classification process in Section 211 that the Major Subdivision Review Procedure applies, the provisions of Section 240 through 269 are to be followed. The general sequence of steps is as follows: 1. Subdivider files a preliminary plat for public hearing, review, and Planning Board approval. 2. Planning Board may require revisions. 3. Planning Board approves preliminary plat, thereby giving subdivider approval to do detailed work on Final Plat. 4. Final Plat is submitted for public hearing, Planning Board review, and approval. 5. Final Plat, with any additional changes required by the Planning Board, is signed by the Chair of the Planning Board. 6. Signed Final Plat is filed with County Clerk. 7. Lots may be offered for sale. Section 241 Major Subdivision Preliminary Plat: Application and Fee 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 shall be in the form described in Section 242 hereof. The Preliminary Plat shall, in all respects, comply with the requirements set forth in the provisions of Sections 276 and 277 of the Town Law and Section 242 of these regulations, except where a waiver may be specifically authorized by the Planning Board. Five copies of the Preliminary Plat shall be presented to the Clerk of the Planning Board at the time of submission of the Preliminary Plat. The application for approval of the Preliminary Plat shall be accompanied by a fee of 25 dollars, plus 10 dollars per lot for each lot in the proposed subdivision. 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 242 of these regulations, has been filed with the Clerk of the Planning Board. The Clerk shall note the date on the Preliminary Plat. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 242 Major Subdivision Preliminary Plat and Accompanying Data The following documents shall be submitted for approval: 242.01 Proposed subdivision name, name of Town and County in which it is located, date, true north point, scale, name and address of owner of record, subdivider, engineer or surveyor, including license number and seal. 242.02 The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property. 242.03 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. 242.04 All parcels of land proposed to be dedicated to public use and the condition of such dedication. 242.05 Location of existing property lines, easements, buildings, water courses, marshes, rock outcrops, wooded areas, single trees with a diameter of 8 inches/20 cm or more as measured 3 feet/1 m above the base of the trunk, and other significant existing features for the proposed subdivision and adjacent property. 242.06 Location of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades, and directions of flow. 242.07 Contours with intervals of 5 feet/1 m 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 cm. 242.08 The width and location of any streets or public ways or places shown on the Official Map or the Master Plan, if such exists, within the area to be subdivided, and the width, location, grades, and street profiles of all streets or public ways proposed by the developer. 242.09 The approximate location and size of all proposed water lines, valves, hydrants, and 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. 242.10 Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing or alternate means of disposal. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 242.11 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 sub -base, the location of manholes, basins, and underground conduits. 242.12 Preliminary designs of any bridges or culverts which may be required. 242.13 The proposed lot lines with approximate dimensions and area of each lot. 242.14 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 m 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. 242.15 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 substantial monuments of such size and type as approved by the Town Engineer, and shall be referred to and shown on the Plat. 242.16 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 : 4,800 showing an outline of the platted area with its proposed streets and 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 the light of the entire holding. 242.17 A copy of any covenants or deed restrictions intended to cover all or part of the tract. Section 243 Subdivider to Attend Planning Board Meeting, Major The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Plat. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 244 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 Master Plan, the Official Map, and Zoning Regulations, if such exist. Section 245 Public Hearing and Review of the Preliminary Plat 245.1 Within 45 days after the receipt of a Preliminary Plat by the Clerk of the Planning Board the Planning Board shall hold a public hearing, which hearing shall be advertized at least once in a newspaper of general circulation in the Town at least 5 days before such hearing. The Planning Board may provide that the hearing further advertized in such manner as it deems most appropriate for full public consideration of such Preliminary Plat. 245.2 Within 45 days after the date of the public hearing, the Planning Board shall approve with or without modification or disapprove the Preliminary Plat, and the ground of a modification, if any, or the ground 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. 245.3 When approving a Preliminary Plat, the Planning Board shall state in writing the modifications, if any, it deems necessary for submission of the plat in final form. Within 5 days of the approval of such preliminary plat it shall be certified by the Clerk of the Planning Board as granted preliminary approval, and a copy filed in their office, a certified copy mailed to the owner, and a copy forwarded to the Town Board. 245.4 Failure of the Planning Board to act within the 45-day period shall constitute approval of the preliminary plat. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 246 Planning Board Approval of Preliminary Plat 246.1 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: (1) modifications to the Preliminary Plat, (2) 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 (3) the amount of improvement or the amount of all bonds therefore which it will require as prerequisite to the approval the of Final Subdivision Plat. 246.2 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 deems 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 these regulations. 246.3 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. Sections 247-249: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 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 Clerk of the Planning Board. 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 re -submission of the Preliminary Plat. 250.2 A subdivider intending to submit a Final Plat for the approval of the Planning Board shall provide the Clerk of the Planning Board,with a copy of the application and three copies of the Plat (one in ink on drafting film or an acceptable equal), the original and one copy of all offers of cession, covenants, and agreements, and two prints of all construction drawings. 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 251 of these regulations, has been filed with the Clerk of the Planning Board. Section 251 for Subdivision Final Plat and Accompanying Data The Final Plat to be filed with the County Clerk shall be printed upon linen, or be clearly drawn in India ink upon tracing cloth. The size of the sheets shall be 24x36 inches or 18x24 inches and shall have a margin of 2 inches for binding, outside of the border, along the remaining 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: (1) Proposed subdivision name or identifying title and the name of the Town and County in which the subdivision is located, the name and address of the owner of record and the subdivider, the name, license number, and seal of the licensed land surveyor. (2) Street lines, pedestrian ways, lots, reservations, easements, and areas to be dedicated to public use. (3) 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 251 (cont) (4) 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. (5) 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. (6) All offers of cession and covenants governing the maintenance of unceded open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency. (7) Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice. (8) 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 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. (9) All lot corner markers shall be permanently located satisfactorily to the Town Engineer. (10) 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. (11) 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 sub -base, manholes, catchbasins, and other facilities. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 252 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 253 Public Hearing and Review of the Final Plat Within 45 days of the submission of a Major Subdivision Final Plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertized at least once in a newspaper of general circulation in the Town at least 5 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 246, and modified in accordance with requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing. Section 254 Planning Board Action on Proposed Final Subdivision Plat 254.1 Actions by Planning Board. The Planning Board action shall be by resolution to conditionally approve with or without modification, disapprove, or grant final approval (see Section 259) and authorize the signing of the plat by the Chair of the Planning Board. The action is to be taken within 45 days after the public hearing, if one was held, and if no public hearing was held, within 45 days of receipt of the Plat by the Clerk of 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. 254.2 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 5 days of such resolution the plat shall be certified by the Clerk of the Planning Board as conditionally approved and a copy filed in their 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 254.3 Certification by Chair of Planning Board. Upon completion of such requirements the plat shall be signed by the Chair of the Planning Board. 254.4 ExpPiration of Approval. Conditional approval of a final plat shall expire 180 days after the date 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 to exceed two additional periods of 90 days each. Section 255 Required Improvements Before the Planning Board grants final approval of the Final Subdivision Plat, the subdivider shall follow the procedure set forth in either subparagraph one or subparagraph two below. 255.1 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. 255.2 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 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. 255.3 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 subparagraph two, then the map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in subparagraph one, such bond shall not be released until such a map is submitted. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 256 Modification of Design of Improvements If at any time before or during the 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 257 Inspection of Improvements 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 258 Proper Installation 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 then shall 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 259 Final Approval of Subdivision Plat 259.1 Si gnature from Planning Board. Upon completion of the requirements in Sections 250 through 258 above 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 Officer of the County Clerk. 259.2 Prompt Filing Any Subdivision Plat not so filed or recorded within thirty days of the date upon which the Plat is approved or considered approved by reasons of the failure of the Planning Board to act, shall become null and void. 259.3 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 260 Public Streets and Recreation Areas 260.1 Public Acceptance of Streets. The approval by 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. 260.2 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 261-269: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 270 Cluster Subdivisions 270.1 Authority. Whereas pursuant to resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of the Zoning Regulations (Articles 3 and 4 of this code) in accordance with the provisions of Section 281 of the 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. 270.2 Request by Subdivider. A subdivider may request the use of Town Law, Section 281 simultaneously with or subsequent to presentation of the sketch plat as described in Section 210-212. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plat review. 270.3 Sketch Plat. A subdivider shall present along with a proposal in accordance with the provisions of Town Law, Section 281, a standard sketch plat which is consistent with all the criteria established by these Land Subdivision Regulations, including streets being consistent with the street specifications and lots being consistent with Zoning Regulations. 270.4 Park, 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. 270.5 Plat Submission. Upon determination that such sketch plat is suitable for the procedures under Town Law, Section 281 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 Planing Board shall proceed with the required public hearings and other requirements of these Regulations. 270.6 Fill n : Notation on Zoning Map. Upon making final approval of.a plat on which Town aw, Section 281, Cluster Subdivision provisions have been used, the Secretary of the Planning Board shall notify the officer charged with keeping the Town Zoning Map who shall make appropriate notations and references thereon. Section 271-279: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 280 General Requirements and Design Standards In considering applications for 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 shall be waived by the Planning Board only under circumstances set forth in Section 290. Section 281 General Considerations 281.1 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. 281.2 Conformity to Official Map and Master Plan. Subdivisions shall conform to the Official Map of the Town and shall be in harmony with the Master Plan. 281.3 Specifications for Required Improvements. All required improvements shall be constructed or installed to conform to the Town Specifications, which are found below. Further specifications and consultation may be obtained from the Town Engineer. Right of Way: 15 m/50 feet minimum in level terrain. Additional right of way may be required where deep cuts or fills are needed. Width of Road Metal: 6 m/20 feet minimum. Shoulder Width: 2 m/6 feet minimum. Si ht Distance: Sight distance shall be at least 100 m/300 feet minimum at intersections. Construction Specifications: 1. Before placing any gravel, the subgrade shall be crowned to 5 percent grade and well compacted. 2. Adequate ditches shall be provided by builder. The minimum ditch grade shall be 0.5 percent. Town will run ditches. 3. Culverts shall be placed in natural waterways, at low spots in grade, and in other spots where required. Builder will furnish culverts and install head walls if requested by Highway Superintendent. All culvert sizes and lengths shall be determined and culvert designs approved by the Highway Superintendent before installation. 4. Underdrains shall be placed in low wet areas where side hill seepage is encountered or in other areas where required. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations (Section 281 cont) 5. Approved gravel base shall be placed 45 cm/18 inches deep from ditch to ditch and well compacted. All depth measurements refer to compacted depths. The top lift shall be crushed gravel or crusher run stone, 6 m/20 feet wide and 15-cm/6 inches deep centered on base and compacted. The total compacted depth of gravel shall be 60 cm/24 inches. Gravel base will be compacted at 22.5 cm/9 inch lifts, top grade compacted at the 15 cm/6 inch lift. Town roller will be furnished at the discretion of the Highway Superintendent. 6. Crown on road: 2 percent grade. 7. If considered necessary for road maintenance purposes the Highway Superintendent may require greater road curve radiuses than the standards in the following sections. Figure: Standard Cross Section. Not to scale. A -dW _ D B ..� D ..._ C = D �. F G 8 L E H J I (A) Right of way: 15 m/50 feet min. Fill section: (B) Total pavement: 10 m/32 feet min. (H) Berm slope: 65 percent max. (C) Road metal: 6 m/20 feet min. Cut section: (D) Shoulder: 2 m/6 feet min. (I) Inside slope: 50 percent max. (E) Subgrade crown: 5 percent. (J) Outside slope: 65 percent max. (F) Surface crown: 2 percent. (R) Base gravel depth: 45 cm/18 inches. (G) Shoulder crown: 6 percent. (L) Total gravel depth:-60'cm/ 24'inches. Acceptance: Roads will be accepted only if they are free and clear of all liens, encumbrances, easements, and/or rights of way. A'written-statement-of acceptance must be filed by the Highway Superintendent and the Towin Attorney before any road shall be accepted by the Town Board. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 282 Street Layout 282.1 Width, Location, and Construction. Streets shall be of sufficient width, suitably located, and adequately constructed to conform with the Master Plan, and to accommodate the prospective traffic and 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. 282.2 Arrangement. The arrangement of streets in the 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. Subdivisions containing 20 lots or more shall have at least two street connections with existing public streets, or streets shown on the Official Map, if such exists, or streets on an approved Subdivision Plat for which a bond has been filed. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. 282.3 Minor Streets. Minor streets shall be so laid out that their use by through traffic will be discouraged. 282.4 Special Treatment Along Major Arterial Streets. When a subdivision abuts or contains an existing or proposed major arterial street, the 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. 282.5 Provision for Future Re -Subdivision. 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 Board may require that streets and lots be laid out so as to permit future re -subdivision in accordance with the requirements contained in these regulations. 282.6 Circle Drives and Loop Streets. The creation of circle drive or loop residential streets (see Section 283.9) will be encouraged wherever the Board finds that such types of streets are needed or desirable. The Board may require the reservation of a 6 m/20-foot wide easement to provide for continuation of pedestrian traffic and utilities to the next street. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 282.7 Block Size. Blocks generally shall not be less than 120 m/400 feet nor more than 365 m/1200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 250 m/800 feet in length, the Planning Board may require the reservation of a 6 m/20-foot wide 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 1.2 m/4-foot wide paved foot path be included. 282.8 Intersections with Collector or Major Arterial Roads. Minor or secondary street openings into such roads shall, in general, be at least 150 m/500 feet apart. 282.9 Street Jogs. Street jogs with centerline offsets of less than 40 m/125 feet shall not normally be permitted. 282.10 Ankle of Intersection. In general, all streets shall join each other so that for a distance of at least 30 m/100 feet the street is approximately at right angles to the street it joins. 282.11 Relation to Topography. 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 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. 282.12 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 283 Street Design 283.1 Widths of Rights -of -Way. Streets shall have the following widths. (When not indicated on the Master Plan or Official Map, if such exists, the classification of streets shall be determined by the Board): Major Streets Collector Streets Local Streets Minimum Right -of -Way 20 m/66 feet 18 m/60 feet 15 m/50 feet Minimum Pavement 12 m/38 feet 9 m/30 feet 9 m/30 feet 283.2 Improvements. 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, and 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 Engineer. Such grading and improvements shall be approved as to design and specifications by the Town Engineer. 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. 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. 283.3 Utilities in Streets. The Planing Board shall, wherever possible, require that underground utilities by 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. 283.4 Utility Easements. Where topography is such to make impractical the inclusion of utilities within the street rights -of -way, perpetual unobstructed easements at least 6 m/20 feet in width 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 283.5 Grades. Grades of all streets shall conform in general to the terrain, and shall not be less than 0.5 percent nor more. than 6 percent for major or collector streets, or 10 percent for minor streets in residential zones, but in no case more than 3 percent within 15 m/50 feet of any intersection. 283.6 Changes in Grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Engineer so that clear visibility shall be provided for a safe distance. 283.7 Curve Radii at Street Intersections. All street right-of-way lines at intersections shall be rounded by curves of at least 6 m/20 feet radius and curbs shall be adjusted accordingly. lure: Minimum Radius at Intersection. R = 6 m/20 feet min. 283.8 Steep Grades and Curves; Visibility at Intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on the Figure below shall be cleared of all growth (except isolated trees) and obstructions above a level 1 m/3 feet .higher than the centerline of the street. If directed, ground shall be excavated to achieve visibility. Figure: Clear Area at Corners. [--.B-1 1.]a.1 B a (A) Minimum streetline radius: 6 m/20 feet (B) Minimum distance from point of tangent along streetline to edge of clear area: 6 m/20 feet Town.of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 283.9 Circle Drive Streets. Circle drive streets shall terminate in a circular turn -around having a minimum outside right-of-way radius of 30 m/100 feet and a minimum right-of-way width of 15 m/50 feet. At the end of a temporary dead-end streets a temporary turn -around with a pavement radius of 15 m/50 feet shall be provided, unless the Planning Board approves an alternate arrangement. IJI Of Figure: Dimensions of Circle Drive. (A) Minimum outside diameter: 60 m/200 feet (B) Minimum inside diameter: 30 m/100 feet (C) Minimum right of way: 15 m/50 feet (D) Minimum streetline radius: 6 m/20 feet 283.10 Loop Roads. The two intersections of a loop road with the main road must be a minimum of 120 m/400 feet apart.- . Figure: Loop Road Minimum Dimensions. _ t D D aw 120 m/400 feet min. 283.11 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 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 Engineer, and in no case less than 6 m/20 feet in width. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 283.12 Curve Radii. In general, street lines within a block, deflecting from each other at any one point by more than 10 degrees, shall be connected with a curve, the radius of which for the centerline of the street shall not be less than 120 m/400 feet on major streets, 60 m/200 feet on collector streets, and 30 m/100 feet on minor streets. Fisure: Minimum Radius at Curve: Minor Street. R R = 60 m/200 feet min. 283.13 Service Streets or Loading Space in Commercial Development. Paved rear service streets of not less than 6 m/20 feet in width, or in lieu thereof, adequate off—street loading space, suitably dust free surfaced, shall be provided in connection with lots designed for commercial use. 283.14 Free 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 zone 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. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 284 Street Names 284.1 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. 284.2 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 or nearby municipalities, 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 285 Lots 285.1 Lots to be Buildable. The lot arrangement shall be such that in constructing a building in compliance with the zoning regulations, there will be no foreseeable difficulties for reasons of 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. 285.2 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. 285.3 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 283.8. 285.4 Driveway Access. Driveway access and grades shall conform to specifications of the Town Driveway Law, if one exists. Driveway grades between the street and the setback line shall not exceed 10 percent. 285.5 Access from Private Streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations. 285.6 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 their location shall be shown on the Subdivision Plat. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 286 Drainage Improvements 286.1 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. 286.2 Drainage Structure to Accommodate Potential Development Upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff 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 the Zoning Regulations in the watershed. 286.3 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. 286.4 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 Sections 360 and 450 of this code concerning regulation of development in Flood Hazard Areas.) Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 287 Parks, Open Spaces, and Natural Features 287.1 Recreation Areas Shown on Town Plan. Where a proposed park, playground, or open space shown on the Town Plan 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 paragraph 287.2 below. Such area or areas may be dedicated to the Town or County by the subdivider if the Town Board approves such dedication. 287.2 Parks and Playgrounds not Shown on Town Plan. 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 1.2 ha/3 acres of recreation space be provided per 100 dwelling units shown on the plat. However, in no case shall the 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 be the subdivider if the Town Board approved such dedication. 287.3 Information to be Submitted. In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval, to the Board, three prints (one on cloth) drawn in ink showing, at a scale not smaller than 1:300, such area and the following features thereof: 1. The boundaries of the area, giving lengths and bearing of all. straight lines, radii, lengths, central angles, and tangent distances of all curves. 2. Existing features such as brooks, ponds, clusters of trees, rock outcrops, and structures. 3. Existing, and, if applicable, proposed changes in grade and contours of the area and of areas immediately adjacent. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations 287.4 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 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 287.2. 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: 1. is suitable for public park, playground, or other recreational purposes, and 2. is so located that it will serve primarily the general neighborhood in which the land covered by the Plat lies, and 3, shall be used only 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. 287.5 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. 287.6 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 60 cm/25 inches or more as measured 1 m/3 feet 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 60 cm/25 inches or more as measured 1 m/3 feet above the base of the trunk be removed without prior approval by the Planning Board. Section 288-289: reserved. Town of Groton Land Use and Development Code Article 2: Land Subdivision Regulations Section 290 Waivers: 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 Master Plan, or the Zoning Regulations. In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived. Section 291 Separability Should any section or provision of the regulations 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 regulations as a whole or any part thereof other than the part so declared to be invalid. Section 292-299: reserved. Article 3 Town of Groton Land Use and Development Code Article 3: Land Use Regulations Land Use Regulations: Site Improvements, Facility Construction, and Establishment of Activities Section 300 Purposes These regulations are made in accordance with a 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 nay permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. These regulations have 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 (Town Law, Section 263). Section 301 Development and Occupancy These regulations apply throughout the Town of Groton, unless they are identified as district regulations, in which case they apply only in the specified district. A lot or facility may be developed, built, used, occupied, enlarged moved, or structurally altered and an activity may be established in a facility or on a lot only if it is cone in conformance with all the general regulations and all the district regulations of the district in which the action occurs. Section 302 Facility Types and Activity Types These regulations are expressed in terms of facility types and activity types (see Sections 120ff) which in each district appear in one of the following categories: Allowed: establishment of the facility type or activity type is allowed in the district without a permit being issued. Permitted with a Zoning Permit: a permit for the facility type or activity type is issued by the Zoning Enforcement Officer to any applicant whose proposal meets all the provisions of the General Regulations and the applicable District Regulations. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 302 cont) Permitted with Site Plan Review and Approval: a permit for the facility type or activity type is issued only on direction of the Site Plan Review Board to an applicant whose proposal meets all the General Regulations, applicable District Regulations, and the criteria for Site Plan Approval (see Section 440ff). Prohibited: any facility type or activity type not in one of the three categories above is expressly prohibited. Section 303 Planned Unit Development The Site Plan Review 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 (see Section 460ff). Section 304 Permits Required 304.1 Zoning Permit for Work: Work may begin on the construction, reconstruction, structural alteration, or moving of a facility or on any associated excavation or site preparation only after a Zoning Permit has been issued according to these regulations. 304.2 Certificate of Occupancy: A facility for which a Zoning Permit has been issued, as in Section 304.1, may be occupied by a permitted activity only after a Certificate of Occupancy has been issued by the Zoning Officer. 304.3 Zoning Permit for Occupancy: a. An existing facility may be occupied and used for a permitted Civic, Commercial, Industrial, or Extractive Activity only after a Zoning Permit has been issued according to these regulations. b. An existing One -unit or Two -unit Residential Building, including Accessory Facilities, may be occupied for Household Residential Activity without any permit being issued under provisions of these regulations. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 304.3 cont) C. An existing residential building may be used as a: 1. Multiple -unit Residential Building for Household Residential Activity; 2. Rooming Unit Residential Building for Semitransient Residential Activity; 3. Group Quarters Residential Building for Group Residential Activity; only after a Zoning Permit has been issued according to these regulations. d. An existing Nonresidential Facility or Accessory Facility may be used for any Agricultural Activity without any permit being issued under provisions of these regulations, except that: Retail Agricultural Sales Activity may be established only with a Zoning Permit issued according to these regulations. Section 305 Health Department Approval Minimum lot sizes specified in these regulations 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 these regulations. Section 306 Anticipation of Sewers In areas where public sewers are scheduled on the Capital Improvement Program to be provided within five years the lot size regulations for areas 'with public sewers available' (see Section 350ff) 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. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 307 Lot Dimensions A lot may be reduced or altered only if the resulting lot meets the minimum area, frontage, and yard requirements prescribed by these regulations. A small lot which does not meet the minimum requirements of these regulations at the time it is enacted or amended may be used for a permitted use. If, however, the small lot and adjoining land are owned by the same person the small lot may not be developed separately and consolidation of the lots or resubdivision will be required to bring all lots into compliance. Section 308 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 309 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 310 Clear Vision Area For reasons of traffic safety no structure, fence, vegetation, or agricultural crop over 3 ft/1 m in height and no branches less than 10 ft/3 m 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 ft/6 m from their intersection 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 on year from the effective date of this code. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 311 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 312 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 except those associated with work in progress. Section 313 Fuel Tanks All open-air fuel tanks for a residential building must be located at the rear of the building. Section 314 Street Numbers All principal buildings must have conspicuously displayed street numbers as listed in the directory published by the Town. Section 315 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 not considered part of the building. Section 316 Fences and Walls, Steps and Decks The requirement in the district regulations (Sections 350ff) 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 ft/2 m high above the natural grade. However, this section does not replace the requirements of Section 310, Clear Vision Areas, where it applies. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 317 Excavations, Abandoned Construction, and Derelict and Destroyed Facilities 317.1 No construction excavations shall remain open or uncovered for more than one year after the date on which the construction work ceased, as determined by the Zoning Officer. 317.2 Any facility determined by the Zoning Officer to be derelict (and therefor a hazard to the health, safety, and general welfare of the community) must be demolished within one year of the date on which the owner is notified by official correspondence that the facility is derelict. 317.3 Any facility damaged by any cause to the extent of seventy-five percent or more of its value must be demolished within one year after the damage has occurred unless a Zoning Permit has been issued and the Zoning Officer finds that reconstruction has begun. 317.4 Any excavation or exposed cellar hole remaining after the destruction of a facility from any cause must be covered or filled within one year, except that in the case of a facility being deliberately demolished, any excavation or exposed cellar hole must be filled or covered at the time of demolition work. 317.5 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 Zoning Officer that it is necessary in the interest of public safety. 317.6 If a property owner fails to comply with any of the provisions of this section, the Zoning Officer will issue to the property owner a notice to appear before the Board of Zoning Appeals to show cause why the Town Board should not cause the work to be done and any cost thereby incurred by the Town Board assessed against the real property of the owner. 317.7 Upon determination by the Board of Zoning Appeals that the work must be done to satisfy this section, the Town Board may order or contract for the work to be done, with the expense so incurred assessed by the Town Board against the real property of the owner; the expense so assessed constitutes a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged as in the case of any other Town charge. 317.8 The above remedy is not intended to limit any other remedies by the Town against violators of this section. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 318 Offstreet Parking Regulations 318.1 Offstreet parking facilities must be provided for new facilities and 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 ft/2.5 m by by 20 ft/6 m. 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. 318.2 The requirements for offstreet parking are based on the type of building (e.g., apartment house), the type of activity taking place in the building (e.g., grocery store), or a combination of the type of facility and the type of activity (e.g., shopping plaza). The parking requirements for a combination of two or more activity types or facility types on one lot (e.g., retail store and office space) are determined by establishing the requirements for each component activity or facility from the schedules and adding them together. For detailed descriptions of the facility types and activity types on which the regulations are based see Section 123, Residential Buildings, and Sections 132 through 142, the nonresidential activity types. 318.3 Parking facilities are required according to the following schedule: (1) 2 parking spaces per dwelling unit, plus (2) 1 parking space per rooming unit, plus (3) 1 parking space for every 2 residents in group quarters, plus (4) 1 parking space per employee, plus (5) 1 parking space per 400 square feet/40 ca of floorspace used for a Commercial Activity (see Activity Classifications, Sections 133, 141, and 142), plus (6) additional parking facilities as required by the Site Plan Review Board. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 319 Signs 319.1 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. 319.2 Location. Unless otherwise specified in this section, signs must be located on the premises they advertise. No sign may be located closer than 10 ft/3m to any road right-of-way line or overhang any road right-of-way. 319.3 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. 319.4 Height. No sign may be higher than the overall height of the facility which it is an accessory, or 25 ft/7.5 m from the ground, whichever is higher. 319.5 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. 319.6 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 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. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 319 cont) 319.7 Maximum Area and Number of Sign Faces. The maximum number of signs is one per lot unless indicated otherwise in the following schedule. Type of Sign (Section 125) 125.1 Residential 125.2 Special 125.3 Development 125.4 Realty 125.5 Civic 125.6 Business 125.7 Advertising Size Limit 9 sq ft/0.9 ca 15 sq ft/1.5 ca 32 sq ft/3.2 ca 15 sq ft/1.5 ca 50 sq ft/5 ca Size limits and number vary by activity type. See Section 319.8. 250 sq ft/25 ca Town of Groton Land Use and Development Code Article 3: Land Use Regulations 319.8 Business Sign Size and Number Limits by Activity Type. The maximum number of signs in one per lot unless indicated otherwise in the following schedule. Activity Type Number and Size Limit 133 Commercial Activities: 133.00 Personal service 9 sq ft/0.9 ca 133.10 Retail sales 50 sq ft/5 ca 133.20 Repair and cleaning 50 sq ft/5 ca service 133.30 Business service and administration 133.40 Goods handling 133.50 Group service 133.60 Vehicle sales or rental 133.70 Vehicle service 133.80 Traveler's service 133.90 Miscellaneous: 133.91 Animal care 133.92 Building and yard service 50 sq ft/5 ca 50 sq ft/5 ca 2 signs, 90 sq ft/9 ca total 2 signs, 90 sq ft/9 ca total 2 signs, 32 sq ft/3.2 ca total, plus 2 signs, 6 sq ft/0.6 ca each 2 signs, 100 sq ft/10 ca each 50 sq ft/5 ca 60 sq ft/6 ca 133.93 Construction sales 2 signs, 90 sq ft/9 ca total 134 Industrial Activities: 120 sq ft/12 ca 135 Agricultural Activities: 60 sq ft/6 ca 136 Extractive Activities: 60 sq ft/6 ca 141 Secondary Residential Activities: 9 sq ft/0.9 ca 142 Adaptive Reuse Activities: 9 sq ft/0.9 ca Town of Groton Land Use and Development Code Article 3: Land Use Regulations 319.9 Supplemental Sign Regulations. Development signs (125.3) must be removed after construction is completed. Business signs (125.6) for Home Occupations (141) shall bear only the name of the person residing on the premises and the profession or occupation being conducted on the premises. Business signs (125.6) for Traveler's Service Commercial Activities (133.80ff) shall not be closer than 15 ft/5 m from any road right-of-way. Advertising signs (125.7) may not be located closer than 50 ft/15 m from any road right-of-way. Signs smaller than 4 sq ft/0.4 ca identifying association membership, field crops, security services, and the like are exempt from these regulations in the RA District. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 320 Nonconformance There exist lots, facilities, and activities in the Town which were lawful before these regulations were passed or amended, but which would be prohibited under the terms of these regulations or future amendment. These are nonconforming lots, nonconforming facilities, and nonconforming activities. Section 321 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 facilities and activities in the districts involved. It is the further intent of this code that nonconformities are not to be enlarged upon, expanded, or extended, nor be used as grounds for adding other facilities and 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 facility 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 facility 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 Zoning Permit until completion of the facility involved. Section 322 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. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 322 cont) 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 vacant lot of record if the following conditions are met: 1. The lot must not have continuous frontage or lot lines in common with other lots in the same ownership. 2. The minimum yard dimensions and other requirements not involving lot area or frontage conform to the regulations. Variance or yard requirements may be obtained only through appeal to the Board of Zoning Appeals. 3. The Health Department approves the development of the nonconforming lot. If two or more vacant lots of record are 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. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 323 Nonconforming Activities A nonconforming activity is an existing activity (the use of a facility and/or land) which is of an activity type that is not allowed or permitted in the district where it is located. 323.1 Nonconforming Activities in Buildings. Activities in buildings which are nonconforming as to activity type may be continued, subject to the following provisions: 1. 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. 2. No building devoted to a nonconforming activity may be enlarged, extended, reconstructed, moved, or structurally altered so long as the nonconforming activity remains. 3. When the nonconforming activity is superseded by a permitted activity, the nonconforming activity may not thereafter be resumed. 4. When a nonconforming activity is abandoned (deliberate, voluntary, and actual cessation of activity (City of Binghamton v Gartell, 90 N.Y.S. 2nd 556)) for 12 consecutive months, the facility and lot may not thereafter be used except in conformance with these regulations. 5. 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. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 323 cont) 323.2 Nonconforming Activities Not In Buildings. Activities not in buildings, which are nonconforming as to activity type, may be continued, subject to the following provisions: 1. 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. 2. The nonconforming activity may not be moved in whole or in part to any other portion of the lot. 3. 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. Section 324 Nonconforming Facilities A nonconforming facility is an existing facility (building or other structure) which is a type of facility that is not allowed or permitted in the district where it is located, or that has one or more dimensions (floor area, distance to lot line, height) that does not conform to the regulations in the district where it is located. 324.1 Facilities Nonconforming as to Facility Type. Where a facility is nonconforming as to facility, it may be continued subject to the following provisions: 1. The facility may not be enlarged. 2. The facility may not be altered, except that the Site Plan Review Board may upon application allow the facility to be altered in such a way that the degree of nonconformity or the impact of the nonconformity on the neighborhood is reduced. 3. Should the facility be moved for any reason for any distance whatever, it must thereafter conform to the regulations for the district in which it is located after it is moved. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 324 cont) 324.3 Repairs and Maintenance of Nonconforming Facilities. On any nonconforming facility, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the extent or cubic content of the facility must not be increased. Nothing in these regulations prevents the strengthening or restoring to a safe condition of any facility declared to be unsafe by any official charged with protecting the public safety, upon order of that official; except that if the nonconforming facility is a sign (Section 125) it may be declared a derelict facility by the Zoning Officer and ordered removed in accordance with the provisions of Section 317. Section 325-329: reserved. Town of Groton Land Use and Development Code Article 3: Land Use Regulations 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 which comprises Sections 340ff. 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 districts. 331.1 Rural -Agricultural District: RA The legislative intent of this 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 low -density, mixed pattern of land use is considered an appropriate development pattern; and where some flexibility in controls is needed to enhance development potential. 331.2 Low Intensity District: L The legislative intent of this 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 developement pattern. 331.3 Medium Intensity District: M The legislative intent of this 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 facilities and variety of activities, a wide range of controls will be necessary to preserve land values and protect the quality of the environment. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 331 cont) 331.4 Low -Intensity Industrial District: I The legislative intent of this district and the following regulations 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. Section 332 Combining Districts These districts combine with the underlying Basic Districts to provide additional regulations in areas where specific conditions or concerns warrant it. Combing Districts can be combined with each other as well. 332.1 Flood Hazard Area Combining District: FH The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM), No. H 01-06, dated July 11, 1975, and any revisions thereto, are adopted by reference and declared to be a part of this code. The FHBM is included as part of the Zoning Map (Section 345) and, in addition, is on file at the municipal clerk's office. Section 333 Planned Unit Development Districts A Planned Unit Development District is established only when a developer applies for it and the Planned Unit Development procedure set forth in Sections 460ff is completed. 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 for the in Sections 460ff. Planned Unit Development Districts are identified individually, e.g., PUD-1, PUD-2, etc. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 334 Interpretation of the Zoning Map In determining boundaries of zoning districts the Zoning Officer uses the following guidelines: 1. 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. 2. Where the map indicates a boundary approximately following a lot line, the lot line is the boundary. 3. Where boundaries are shown approximately parallel to a street, highway, or railroad they are intended to be parallel and at the distance therefrom indicated on the map. If no dimension is shown, the distance is to be scaled on the map. 4. 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 ft/30 m beyond the district boundary, but not across any lot line. Section 335 Town of Groton Official Map For reference, the Town of Groton Official Map, adopted under the authority of New York State Town Law, Section 270, on -----date------, is included here. [Insert Official Map on following page] Section 336-339: reserved. Section 340 Zoning Map (on a following page) Sections 341-344: reserved. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 345 Zoning Map: Flood Hazard Combining District The flood hazard combining district is identical with the special flood hazard areas shown on the FIA Flood Hazard Boundary Maps dated July 11, 1975 for the Town of Groton, Community No. 361217. The following subsections are photocopies of the FIA maps. A detailed representation of this map superimposed on large airphotographs may be referred to for evaluation of specific sites. 345.1 Owasco.Inlet, North (H-02), Scale 1 : 18,000 (approx.) SEARS t ZONE A / 7/11175 o 1�. (PRIVATE RD)—./ w ONE 7/1 1 /75 WALPOLE RD • ----f VILLAGE OF 'GROTON (AREA NOT INCLUDED) Town of Groton Land Use and Development Code Article 3: 1and Use Regulations 345.2 Owasco Inlet, South (H-05), Scale 1 18,000 (approx.) VILLAGE OF GROTON J (AREA NOT INCLUDED) n38 CORPORATE LIMITS Town of Groton Land Use and Development Code Article 3: Land Use Regulations 345.3 Fall Creek, North (H-03), Scale 1 : 18,000 (approx.) Q CX cc CD ' Lj Town of Groton Land Use and Development Code Article 3: Land Use Regulations 345.4 Fall Creek South (H-06 pt.), j �. .Scale 1 : 18,000 (approx.) r o ZONE A 7/1 1 /75 H �--�� DAVIS ; O ' STEVENS RD r 40 C E M E TFR 000-ZONE A ..• 7/1 1 /75 Town of Groton Land -Use and Development Code Article 3: Land Use Regulations 345.5 Beaver Creek, Southeast (H-06 pt.), Scale 1 : 18,000 (approx.) ON P�,O GGa�j j� ZONE A 7/1 1 /75 BEAVER CREEK—� :+ Section 346-349: reserved. V) Q cc o (- cc M CU Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 350 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 from one district to another. Basic District regulations, which regulate the general pattern of development in the Town, are found in Sections 351 through 355. Combining District regulations, which combine with the Basic District regulations and provide additional control over development in areas where specific local conditions warrant it, are found in Sections 360ff. There are two general kinds of regulations in this Article: Land Use regulations, which are expressed in terms of Facility Types and Activity Types (described in detail in Sections 120 through 142). These regulations are found in tabular form in Section 351. 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 352 through 355. Section 351 Table of Land Use Regulations In the following table there is an entry for each Facility Type and each Activity Type described in Sections 120 through 142, and for each Basic District established in Section 331. The entries in the table are symbols with the following meanings. The Facility Types and Activity Types are: Symbol Allowed without a permit X Required with a permit: County Sanitary Code S Section 318, Parking P Permitted with a Zoning Permit (Section 402) + Permitted with Site Plan Review (Section 435) # Permitted only in Planned Unit Development (Section 460) Not allowed in district 0 Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 351 coat) Numbers at left margin are Section numbers where detailed descriptions on the Facility Types and Activity Types are found. Zoning District 120 Facility Type Classification RA L M I Sect Sect Sect Sect 352 353 354 355 121 Site Improvements: (1) Public utility S S S S (2) Private utility S S S S (3) Surface modification + + + + 122 Nonresidential Facilities: (1) Enclosed + + + + (2) Open + + + + (3) Drive-in # # # + 123 Residential Buildin E. (1) One -unit # + + 0 (2) Two -unit # + + 0 (3) Multiple -unit # # # 0 (4) Rooming unit # # # 0 (5) Mobile home [1] + # # 0 (6) Experimental # # # 0 (7) Group quarters #_ 0 0 0 (8) Recreational cabin + # 0 0 (9) Permanent camp # 0 0 0 [1] Must also comply with Town Mobile Home Ordinance. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 351 cont; 120 Facility Type Classifications, cont) Zoning District RA L M I 124 Accessory Facilities: (1) Material storage + + + + (2) Household production + + + 0 (3) Landscaping + + + + (4) Utility + + + + (5) Recreation + + + + (6) Access + + + + (7) Parking P- P P P 125 Signs: [2] (1) Residential X X X 0 (2) Special X X X + (3) Development X X X + (4) Realty X X X + (5) Civic X X X + (6) Business + X # + (7) Advertising # # # # [2] Permitted in accordance with Section 319, Signs• Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 351 cont) Zoning District 130 Activity Type Classification RA L M I Sect Sect Sect Sect 352 353 354 355 131 Residential Activities: (1) Household # + + # (2) Rooming house # 0 0 0 (3) Group # 0 0 0 132 Civic Activities: (1) Essential service # X X X (2) Limited child-care X X X 0 (3) Nursing home X + X 0 (4) Community assembly # # + + (5) Community education # # # (6) Nonassembly cultural # # # # (7) Administrative # # # # (8) Major medical # # (9) Vehicular # # # + (10) Extensive impact (11) Utility #/# # X 0 (12) Recreational camping X # X 0 (13) Educational, training, or religious camp (14) Communication # # # # Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 351 cont; Activity Type Classifications, cont) Zoning District RA L M I Sect Sect Sect Sect 133 Commercial Activities: 352 353 354 355 Personal Service: .01 Medical service # # + # .02 General personal service # 0 + # .03 Consultative and financial service # 0 + # .04 Undertaking service # # + # Retail Sales: .11 Food sales and service # # # # .12 Eating and drinking # 0 # # .13 Convenience sales & service # # # # .14 General retail sales # 0 # # .15 Agriculture service # 0 # + Repair and Cleaning Service: .21 Repair service # 0 # + .22 Furniture and appliance repair # 0 # + .23 Apparel cleaning # 0 # + Business Service and Administration: .31 Administrative # 0 + + .32 Business service # 0 + + .33 Retail business supply # 0 + + .34 Research service # 0 # + .35 Communication service # 0 + + Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 351 cont; Activity Type Classifications, cont) Zoning District RA L M I Sect Sect Sect Sect 133 Commercial Activities: (cont) 352 353 354 355 Goods Handling: .41 General wholesale sales # 0 # + .42 Transport and warehousing # 0 # + Group Service: .51 Group entertainment # 0 # + .52 Training or general education # 0 # # .53 Group outdoor recreation #, 0 # # Vehicle Sales or Rental: .61 Vehicle sales or rental # 0 # + .62 Camper sales # 0 # + .63 Mobile home sales # 0 # + .64 Boats and boating equipment sales # 0 # + Vehicle Service: .71 Vehicle servicing # 0 # + .72 Vehicle repair # 0 # + .73 Vehicle cleaning # 0 # + .74 Vehicle fee parking # ## # Traveler's Service: .81 Traveler's habitation # 0 # # .82 Tourist's camping # 0 # # Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 351 cont; Activity Type Classifications, cont) Zoning District RA L M I Sect Sect Sect Sect 133 Commercial Activities: (cont) 352 353 354 355 Miscellaneous Commercial Activities: .91 Animal care + 0 # + .92 Building and yard service # 0 # + .93 Construction sales # 0 # + 134 Industrial Activities: .1 Custom manufacturing # # # # .2 Light manufacturing # # # # .3 General manufacturing # 0 # # .4 Heavy manufacturing # 0 # # .5 Salvage and scrap processing # 0 # # 135 Agricultural Activities: .1 Household livestock production X X X + .2 Homestead food production X + X + .3 Commercial farm headquarters X # # # .4 Retail agricultural sales + 0 + + .5 Field and forest production X X X X 136 Extractive Activities: .1 Limited # # # # .2 Commercial # # # # Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 351 cont) 140 Combined Facility Type/ Activity Type Classifications: 141 Secondary Residential Activities (Home Occupations): .1 Medical service .2 General personal service .3 Consultative and financial service .4 Repair service .5 Custom manufacturing Zoning District RA L M I Sect Sect Sect Sect 352 353 354 355 + # + 0 + # + 0 + # + 0 + # + 0 + # + 0 142 Adaptive Reuse Activities in Nonresidential Facilities: .1 General personal service + # # + .2 Repair service # # # + .3 Furniture and appliance repair # # # + .4 Custom manufacturing # # # + .5 Light manufacturing # # # + Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 352 Rural -Agricultural District: RA 352.0 Intent. The legislative intent of this 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 low -density, mixed pattern of land use is considered an appropriate development pattern; and where some flexibility in controls is needed to enhance development potential. 352.1 Dimension Regulations a. Minimum Lot Area Nonresidential (or partly nonresidential): 43,560 sq. ft./0.4 ha. Residential (including residential with approved home occupations) with private sewage disposal: 43,560 sq. ft./0.4 ha or 21,780 sq. ft./0.2 ha per dwelling unit. Residential with public sewer: 20,000 sq. ft./0.2 ha or 13,333 sq. ft./1,333 ca per dwelling unit. b. Minimum Lot Fronta&e Nonresidential: 200 ft./ 60 m. Residential with private sewage disposal: 200 ft./60 m or 150 ft./45 m per dwelling unit. Residential with public sewer: 150 ft./45 m per dwelling unit. (Section 352.1 cont) C. Minimum Yard Depth Front Yard: 30 f t/9 m from front lot line. On corner lots one front yard may be 24 ft/7.5 m. Side yard: Principal facility: 8 ft/2.4 m. Sum of two side yards must be at least 20 ft/6 m. Detached accessory facility: 6 ft/1.8 m with Zoning Permit; less with Site Plan Review. Rear yard: Principal facility: 25 ft/7.5 m. (Detached accessory facility: 6 ft/1.8 m with Zoning Permit; less with Site Plan Review. d. Maximum Facility Dimensions Town of Groton Land Use and Development Code Article 3: Land Use Regulations A: Frontage B: Front Yard C: Side Yard D: Rear Yard E: Buildable Area Height: Principal facility: 3 stories or 35 ft/10.5 m, whichever is less. Detached accessory facility: 12 ft/3.6 m with Zoning Permit; greater with Site Plan Review. See Section 311 for list of facilities which are exempt from height regulations. Lot coverage: Nonresidential: 40% Residential: 30% Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 353 Low Intensity District: L 353.0 Intent. The legislative intent of this 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. 353.1 Dimension Regulations a. Minimum Lot Area Nonresidential (or partly nonresidential): 43,560 sq. ft./0.4 ha. Residential (including residential with approved home occupations) with private sewage disposal: 43,560 sq. ft./0.4 ha or 21,780 sq. ft./0.2 ha per dwelling unit. Residential with public sewer: 20,000 sq. ft./0.2 ha or 13,333 sq. ft./1,333 ca per dwelling unit. b. Minimum Lot Frontage Nonresidential: 200 ft./ 60 m. Residential with private sewage disposal: 200 ft./60 m or 150 ft./45 m per dwelling unit. Town of Groton Land Use and Development Code Article 3:'Land Use Regulations (Section 353.1 cont) C. Minimum Yard Depth Front Yard: 30 ft/9 m from I c front lot line. — — — —I On coiner lots one front yard may be 24 ft/7.5 m. A s I = I a Side yard: I c Principal facility: 8 ft/2.4 m. I c Sum of two side yards must be I at least 20 ft/6 m.• I s l s I c Detached accessory facility: 6 ft/1.8 m with Zoning Permit; —'— less with Site Plan Review. \ Rear yard: Principal facility: 25 ft/7.5 m. A: Frontage B: Front Yard -' Detached accessory facility: C: Side Yard 6 ft/1.8 m with Zoning Permit; D: Rear Yard less with Site Plan Review. E: Buildable Area d. Maximum Facility Dimensions Height: Principal facility: 3 stories or 35 ft/10.5 m, whichever is less. Detached accessory facility: 12 ft/3.6 m with Zoning Permit; greater with Site Plan Review. See Section 311 for list of facilities which are exempt from height regulations. Lot coverage: Nonresidential: 40% Residential: 30% Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 354 Medium Intensity District: M 354.0 Intent. The legislative intent of this 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 facilities and variety of activities, a wide range of controls will be necessary to preserve land values and protect the quality of the environment. 354.1 Dimension Regulations a. Minimum Lot Area Nonresidential (or partly nonresidential) with private sewage disposal: 43,560 sq. ft./0.4 ha. Residential (including residential with approved home occupations) with private sewage disposal: 43,560 sq. ft./0.4 ha or 21,780 sq. ft./0.2 ha per dwelling unit. Residential and/or nonresidential with public sewer: 20,000 sq. ft./0.2 ha or 13,333 sq. ft./1,333 ca per dwelling unit. b. Minimum Lot FrontaLee Nonresidential: 200 ft./ 60 m. Residential with private sewage disposal: 200 ft./60 m or 150 ft./45 m per dwelling unit. Residential with public sewer: 150 ft./45 m per dwelling unit. (Section 354.1 cont) c. Minimum Yard Depth Front Yard: 30 f t/9 m from front lot line. _ c _ _I On corner lots one front I I yard may be 24 ft/7.5 m. w a I s 1 D Side yard: I c I Principal facility: 8 ft/2.4 m. o I I Sum of two side yards must be I c i at least 20 ft/6 m.* Detached accessory facility: s I = ( c 6 ft/1.8 m with Zoning Permit; 1 less with Site Plan Review. s Rear yard: Principal facility: 25 ft/7.5 m. A: Frontage B: Front Yard Detached accessory facility: C: Side Yard 6 ft/1.8 m with Zoning Permit; D: Rear Yard less with Site Plan Review. E: Buildable Area d. Maximum Facility Dimensions Height: Principal facility: 3 stories or 35 ft/10.5 m, whichever is less. Detached accessory facility: 12 ft/3.6 m with Zoning Permit; greater with Site Plan Review. See Section 311 for list of facilities which are exempt from height regulations. Lot coverage: Nonresidential: 40% Residential: 30% Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 355 Low Intensity Industrial District: I 355.0 Intent. The legislative intent of this district and the following regulations 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. 355.1 Dimension Regulations a. Minimum Lot Area Nonresidential with private sewage disposal: 43,560 sq. ft./0.4 ha. Nonresidential with public sewer: 20,000 sq. ft./0.2 ha. b. Minimum Lot Fronta&e Nonresidential: 200 ft./ 60 m. Residential with private sewage disposal: 200 ft./60 m or 150 ft./45 m per dwelling unit. Residential with public sewer: 150 ft./45 m per dwelling unit. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (Section 355.1 cont) c. Minimum Yard Depth Front Yard: 30 ft/9 m from — front lot line. c 1 On corner lots .one front yard may be 24 ft/7.5 m. I = I n Side yard: Principal facility: 8 ft/2.4 I � I Sum of two side yards must be I c at least 20 ft/6 m.,• I • _ — — — I I Detached accessory facility: I s I 6 ft/1.8 m with Zoning Permit; I I less with Site Plan Review.— s Rear yard: Principal facility: 25 ft/7.5 m. A: Frontage B: Front Yard Detached accessory facility: C: Side Yard 6 ft/1.8 m with Zoning Permit; D: Rear Yard less with Site Plan Review. E: Buildable Area d. Maximum Facility Dimensions Height: Principal facility: 3 stories or 35 ft/10.5 m, whichever is less. Detached accessory facility: 12 ft/3.6 m with Zoning Permit; greater with Site Plan Review. See Section 311 for list of facilities which are exempt from height regulations. Lot coverage: Nonresidential: 40% Residential: 30% Section 356-359: reserved. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 360 Flood Hazard Area Combining District: FH 360.1 Purpose. The purpose of these regulations is to establish land -use control measures that will improve and preserve the ability and capacity of the flood areas to withstand the effects of flooding with the least threat to the health, safety, and welfare of the inhabitants of the Town. These measures are intended to be consistent with federal criteria so the municipality will be eligible for flood insurance under the National Flood Insurance Act of 1968 (42 USC 4001-41279 82 Stat. 572). It is hereby declared that placing of buildings and other structures, alteration of topography, or similar acts in flood hazard areas constitute a threat to the health, safety, and welfare of the inhabitants of the Town, and to the economic vitality of the community. The purpose of the flood hazard area regulations is to protect the health, safety, and welfare of the inhabitants of the Town from damage due to periodic flooding, including the protection of persons and property, the preservation of water quality, and the minimizing of expenditures for relief, insurance, and flood control projects, by minimizing the amount of capital investment in flood -prone areas and discouraging the conducting of vital human activities where they are subject to unpredictable severe disruption. These regulations do not imply that areas outside the mapped flood hazard areas or anything permitted within them will be free from flooding or flood damage. 360.2 Location of Flood Hazard Areas. Flood Hazard Areas as identified by the Federal Insurance Administration are shown on the Zoning Map, Section 345. 360.3 Applicability. The regulations of this section apply to all site modifications, construction of new facilities, and establishment of new activities, including renovation or remodeling amounting to 50 percent or more of the value of the original facility. 360.4 Exemption. Nothing in these regulations is to be construed to prevent the ordinary maintenance and repair of any existing facility. Town of Groton Land Use and Development Code Article 3: Land Use Regulations 360.5 Environmental Review. Actions in a Flood Hazard Area are Type T Actions and are reviewed according to the Environmental Review procedures. 360.6 Procedure. All applications for permits in the Flood Hazard Area Combining District are subject to Site Plan Review according to procedures in Sections 450f f . 361-369: reserved. Town of Groton Land Use and Development Code Article 3: Land Use Regulations Section 370 Planned Unit Development Districts 370.1 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 a 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 facilities 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 351ff. Therefor, 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 Planed Unit Development District under consideration. 370.2 General Considerations 1 A Planned Unit Development District may be considered anywhere in the Town. 2. Establishment of a Planned Unit Development District is an amendment to the zoning regulations and therefore must follow the procedures in Section 415, Amendments. 3. The lot area is not to be less than 2 hectares or 5 acres. 4. The lot must have a minimum frontage of 90 meters or 300 feet. 5. The overall development intensity may not be higher than the highest development intensity permitted in any abutting district. Town of Groton Land Use and Development Code Article 3: Land Use Regulations (370.2 General Considerations cont) 6. All residential facilities and activities are permitted in a Planned Unit Development District, and any nonresidential facilities 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. 7. The Town Board, after its review of the Environmental Assessment Form, may require an Environmental Review in accordance with Sections 470ff, Environmental Review. 8. A Planned Unit Development District which is predominantly for Commercial or Industrial Activities (see Section 130ff, Activity Type Classifications) 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 10 hectares or 25 acres. 370.3 Procedure. Planned Unit Development Districts are considered and adopted individually according to the procedures in Section 460. 370.4 Planned Unit Development District Amendments. Individual Planned Unit Development Districts, each with its own number, name, or other suitable designation, are established by preparing and adopting an amendment to the text and the zoning map of this code. Those amendments are to be -inserted following this section as Sections 371ff. Section 371-399: reserved. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Article 4 Land Use Regulations: Administration Pr000dur@@ and Rul@@ 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. Section 401 Administration: Officers and Boards The administration of this code is carried out by officers and boards of the Town as provided in State Law. 401.1 Zoning Officer Article 3, Land Use Regulations, of this code is enforced by the Zoning 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. The Zoning Officer is responsible for issuing Zoning Permits, Certificates of Zoning Compliance, and Certificates of Conformance; interpreting and explaining provisions of the code; interpreting and reporting to landowners on the 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. 401.2 Board of Zoning Appeals 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 Zoning Officer with regard to the land use regulations. 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 land use regulations when the appellant disputes the interpretation made by the Zoning Officer. The determination of the Board of Zoning Appeals establishes the interpretation of the disputed language wherever it may apply. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 401.3 Planning Board The responsibility of the Planning Board in enforcement of the land use regulations is to review proposals referred to it, routinely or by special act of the Town Board, for their conformance to the Town's comprehensive plan and to make its recommendations on the suitability of the proposal. Additional duties of the Planning Board are found in Article 2: Land Subdivision Regulations and in Section 401.4 below. 401.4 Site Plan Review Board The Site Plan Review Board, established to carry out functions specified in Section 274-a of Town Law, is empowered to review and decide on site plans submitted with applications for permits for certain facilities and activities as specified in the land use regulations, all permits under this code in the Combining Districts, and all Planned Unit Development Districts. The Site Plan Review Board is not a separate board but an additional power delegated to the Planning Board. Provisions establishing the Site Plan Review Board are found in Section 406; Site Plan Review procedures are found in Sections 435f. - f Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 402 Zoning, Permits 402.1 Purpose Zoning Permits are required for the purpose of assuring that facilities and activities established or expanded in the Town do so in compliance with the Land Use Regulations and other development controls. 402.2 When Required No facility (building, sign, mobile home, or other structure) in any district may be begun, altered, moved, rebuilt, remodeled, or enlarged, and no excavation may be dug by owner, tenant, builder, or contractor without a Zoning Permit issued by the Zoning Officer, except that no Zoning Permit is required for normal maintenance and repairs, interior decoration, landscaping, or similar work which does not alter the character of the facility. No activity in any district may be established, changed from one activity type (see Sections 130-142) to another, or relocated by owner or tenant without a Zoning Permit issued by the Zoning Officer. 402.3 Application Procedure Application for a Zoning Permit must be made in writing on a form supplied by the Zoning Officer or the Town Clerk. Information to be supplied on the application form includes a description of the proposed facility and/or activity, a sketch drawing showing the lot shape and dimensions and the location, shape, and size of the intended work, and other information necessary for the Zoning Officer to carry out the assigned duties. Applications must be accompanied by a fee in accordance with Section 407, Schedule of Fees. Duly signed and dated Zoning Permit applications are privileged documents until the permit is issued or the application is referred to the Board of Zoning Appeals. 402.4 Posting All Zoning 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. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 402.5 Expiration Unless the Zoning Officer determines that substantial progress in the intended work has been made within one year of the date of issuance of the Zoning Permit, it expires. The Zoning Officer may extend the expiration date of the Zoning Permit for any good reason. 402.6 Revocation If the Zoning Officer determines that the work being performed deviated from the plans upon which the Zoning Permit was issued in a manner which is significant in terms of the purposes and requirements of this code, the Zoning Officer must revoke the Zoning Permit, effective immediately, and must so notify the applicant in person or by official correspondence. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 403 Certificate of Zoning Compliance 403.1 Purpose Certificates of Zoning Compliance are issued for the purpose of assuring compliance with this code. No activity may be established and no facility may be occupied or used in any way until a Certificate of Zoning Compliance has been issued by the Zoning Officer. Planned Unit Developments or parts thereof may be occupied or used only when a Certificate of Zoning Compliance has been issued. 403.2 Application for Certificate of Zoning Compliance Every Zoning Permit issued is deemed to be an application for a Certificate of Zoning Compliance. 403.3 Issuance of Certificate of Zoning Compliance A Certificate of Zoning Compliance is issued by the Zoning Officer after inspection of the premises or the permitted work and determination that: 1. the facility was built or modified in compliance with the Zoning Permit and/or 2. the facility is in compliance with the regulations for establishment of the permitted activity. 403.4 Issuance of Preliminary Certificate of Zoning Compliance A preliminary Certificate of Zoning Compliance for an owner -built residential building may be issued by the Zoning Officer so that the building may be occupied while work is being completed. The Zoning Officer must determine that the work completed complies with the Zoning Permit and that the building meets minimum standards of habitability: 1. the building is closed in and 2. electrical, plumbing, heating, and sanitation systems are sufficiently complete for occupancy. A preliminary Certificate of Zoning Compliance expires after six months but may be extended by the Zoning Officer for any good reason. 403.5 Appeals The Zoning Officer's decision on the issuance of a Certificate of Zoning Compliance may be appealed to the Board of Zoning Appeals. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 404 Certificate of Conformance 404.1 Purpose Certification of conformance is for the purpose of establishing that certain existing lots, facilities, and activities conformed with or did not conform with provisions of the zoning regulations at the time of adoption or amendment of the regulations, and documenting and recording their legal status for the protection of their owners. 404.2 Applicability Any person with a legal interest in any lot, facility, or activity in the Town may request a determination as to whether their property conforms to the zoning regulations. In addition, a determination can be initiated by the Zoning Officer or by direction of the Planning Board, Board of Zoning Appeals, or the Town Board. 404.3 Application for Certificate of Conformance An application is made to the Zoning Officer in writing on a form provided for the purpose. The applicant may be required by the Zoning Officer to submit documentation or other evidence that the lot, facility, or activity was in existence at the time the zoning regulations were adopted or amended. The application is not complete without the fee specified in Section 407, Schedule of Fees. 404.4 Procedure Within 60 days of receipt of a complete application the Zoning Officer must determine whether the lot, facility, or activity conforms in all respects with the applicable regulations or, if not, whether it qualifies as a legal nonconformance. Upon making a determination the Zoning Officer issues a Certificate of Conformance or issues a statement in writing to the effect that a certificate cannot be issued, giving the reasons. 404.5 Contents The Certificate of Conformance states what, if any, aspects of the lot, facility, or activity do not conform to the zoning regulations; the section numbers of the regulations not conformed to; and the date on which the certificate was issued. 404.6 Appeals The Zoning Officer's decision on an application for a Certificate of Conformance may be appealed to the Board of Zoning Appeals. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 405 Board of Zoning Appeals 405.1 Establishment There is hereby established a Board of Zoning Appeals to carry out the functions prescribed by Section 267 of Article 16 of Town Law. 405.2 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. 405.3 Officers The Town Board designates the Chair of the Board of Zoning Appeals. The Board of Zoning Appeals chooses a Vice Chair, who presides in the absence of the 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. 405.4 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. 405.5 Appeals to the Board Any public body or official of the Town, person, firm, corporation, or other party aggrieved by any decision of any Zoning Officer of the Town may appeal to the Zoning Board of Appeals. The Board of Zoning Appeals is empowered to: 1. Hear and determine appeals from any refusal of the Zoning Officer to issue a permit or certificate; 2. Hear and determine appeals from any party aggrieved by the issuance of a permit or certificate by the Zoning Officer; 3. Hear and decide any appeals as to the interpretations of the Zoning Regulations made by the Zoning Officer; or 4. Hear and ;rant or deny any appeal for a variance of the provisions of the Zoning Regulations. Town of Groton Lard Use and Development Code Article 4: Procedures and Rules (405.5 cont) The Board of Zoning Appeals has the power, in passing upon appeals of actions by the Zoning Officer, 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. The appeals and variance procedure is presented in detail in Sections 420ff, Appeals and Variances. 405.6 Actions Directed by the Board of Zoning Appeals Within 20 days after a decision by the Board of Zoning Appeals, the Zoning Officer must take the action directed by the Board. Those actions are to issue, extend, revoke, or issue with modifications a Zoning Permit, or to issue or revoke a Certificate of Zoning Compliance or Certificate of Conformance. A letter from the Board of Zoning Appeals notifying an applicant that issuance of a permit has been directed serves as an interim permit. 405.7 Procedures Procedures by and before the Board of Zoning Appeals are found in Sections 420ff of this Article. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 406 Site Plan Review Board 406.1 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. 406.2 Decisions The Site Plan Review 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 Zoning Permits for facilities and/or activities which are indicated in the Zoning Regulations as permitted with Site Plan Review or with Special Permit; any Zoning Permit application for a site in a Combining District; and permits issued in a Planned Unit Development District. Its decisions are filed immediately with the Town Clerk and a copy mailed to the applicant. 406.3 Rules and Regulations The Site Plan Review 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. 406.4 Actions Directed by the Site Plan Review Board Within 20 days after a decision by the Site Plan Review Board the Zoning Officer must take the action directed by the Board. Those actions are to issue or to issue with modifications a Zoning Permit. A letter from the Site Plan Review Board notifying the applicant that issuance of a permit has been directed serves as an interim permit. 406.5 Appeals of Decisions by the Site Plan Review Board Any person aggrieved by any decision of the Site Plan Review 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 30 days after the filing of a decision in the office of the Town Clerk. 406.6 Procedures Procedures by and before the Site Plan Review Board are found in Sections 435ff of this Article. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 407 Schedule of Fees Applications for administrative actions in these regulations, except applications from public bodies or officers of the Town, are to be accompanied by nonreturnable fees according to the following schedule: Payable to the Town Clerk: Zoning Permit: $10. Certificate of Zoning Compliance: no fee. Certificate of Conformance: $10. Appeal to Board of Zoning Appeals: $15 plus cost of advertising in official paper. Site Plan Review: $40 plus cost of advertising in official paper. Site Plan Review with Environmental Review: $50 plus cost of advertising in official paper, or 0.25% of cost of proposed development, which ever is greater. Amendment to Zoning Regulations. including Planned Unit Development: $50 plus cost of advertising in official paper, or 0.25% of cost of proposed development, whichever is greater, plus cost of printing amended sections of the regulations. The cost of advertising in the official paper is revised from time to time. The current cost may be obtained from the Town Clerk. The cost of printing amended sections of the regulations depends on the number of pages affected. Section 408 Approval of County Health Department No Zoning Permit or Certificate of Zoning Compliance issued under the terms of the Land -Use Regulations is valid unless the action is in compliance with rules and regulations of the Tompkins County Health Department. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 409 Referral to County Planning Agency Since the Town is in the County of Tompkins, which has a County Planning Agency, 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 County Planning Commissioner for review, pursuant to Section 239-m, Article 12-B, of the New York State General Municipal Law. Town zoning actions which must be submitted to the County Planning Commissioner for review and report: 1. Any town zoning regulation, or any amendment thereof, including a planned unit development, which would change the district classification of or the regulations applying to real property lying within a distance of five hundred feet from the boundary of any city, village, or town, or from the boundary of any existing or proposed county or state park or other recreation area, or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road, or highway, or from 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 from the existing or proposed boundary of any county or state owned land on which a public building or institution is situated; and 2. Any special permit, site plan approval, or variance affecting such real property within such distance of five hundred feet. The term "proposed" shall be deemed to include only those recreation areas, parkways, thruways, expressways, roads, or highways which are shown on a county plan adopted pursuant to Subdivision 2 of Section 239-d of the General Municipal Law or adopted on an official map pursuant to Section 239-g of such law. Within thirty days after receipt of a full statement of such referred matter, the county planning agency to which referral is made, or an authorized agent of said agency, shall report its recommendations thereon to the referring municipal agency, accompanied by a full statement of the reasons for such recommendations. If the county planning agency fails to report within such period of thirty days or such longer period as may have been agreed upon by it and the referring agency, the municipal body having jurisdiction to act may do so without such report. If the county planning agency disapproves the proposal, or recommends modifications thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within seven days after final action by the municipal agency having jurisdiction on the recommendations, modifications, or disapproval of a referred matter, such municipal agency shall file a report of the final action it has taken with the county planning agency which had made the recommendations, modifications, or disapproval. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 410 Violations: Procedures and Penalties 410.1 For purpose of conferring jurisdiction upon courts and offices generally, violations of the zoning regulations shall be deemed misdemeanors, and for such jurisdictional purpose only, all provisions of law relating to misdemeanors shall apply to all such violations. 410.2 Whenever it appears that a violation of the zoning regulations has occurred, any resident or landowner in the Town may file a written complaint setting forth the alleged violations and the complainants's knowledge of the same with the Zoning Officer. The Zoning Officer will investigate the complaint within 15 days of receipt of such a written complaint. 410.3 The Zoning Officer may file a complaint concerning a possible violation with the Board of Zoning Appeals on his or her own initiative. 410.4 Within 30 days of completion of the investigation of a complaint under 410.2, the Zoning Officer must either: (a) File a complaint with the Board of Zoning Appeals pursuant to the procedure set forth in Section 410.6; or (b) Return the written complaint to the resident or landowner who filed the written complaint with him or her, with a written explanation of why the Zoning Officer has not filed the complaint with the Board of Zoning Appeals. 410.5 If the Zoning Officer has instituted no proceedings upon the complaint within the 30 day period as herein provided, or has issued no written answer to the complainant pursuant to the provisions of the preceding section, the complainant, together with five other residents or landowners of the Town, or with the Town Board, may institute a proceeding on the complaint in front of the Board of Zoning Appeals pursuant to the procedure provided in Section 410.6. Toim of Groton Land Use and Development Code Article 4: Procedures and Rules 410.6 All procedures pursuant to this section in front of the Board of Zoning Appeals shall be commenced by a resident or landowner, by the Town Board, or by the Zoning Officer by a written complaint filed in duplicate with the Board of Zoning Appeals, setting forth (1) the section of the zoning regulations claimed to have been violated, (2) the nature and character of the act or acts constituting the violation, (3) any preliminary procedures already accom lished or performed by the complainant under the provisions of this law, and (43 the nature of the relief requested; and setting forth the sections of this law under which relief is requested. The complaint, unless filed by the Town Board or the Zoning Officer, shall be accompanied by a certified check or money order in an amount specified by the Town Clerk as sufficient to cover the costs of publication of notices of any hearings on said complaint. 410.7 The Board of Zoning Appeals, upon receiving the written complaint, shall notify and serve upon the person named in the complaint as the violator, a copy of the complaint giving said person 15 days in which to respond in writing to the Board of Zoning Appeals, with an answer to the alleged violations. Upon receipt of said answer, or if no answer is received within 15 days, the Board of Zoning Appeals shall cause the Town Clerk to publish in the official Town newspaper, a notice of a public hearing upon the complaint. This hearing shall be not less than 10 days or more than 20 days from the date of the expiration of the 15 day answering period. Written notices of such hearing, setting forth the alleged violation and the date, time, and place of the hearing, shall be sent in writing to the owners of the land within 500 feet of the lot which is the site of the alleged violation. Sail notices shall be mailed by the Town Clerk and an Affidavit of Mailing filed with the Board of Zoning Appeals prior to the date of the public hearing. 410.8 The Board of Zoning Appeals, on the date fixed for the hearing, shall act as a fact-finding body of the Town and may act in the following manner based upon the facts adduced at such hearing: (1) Refer the complaint back to the Zoning Officer for processing through the Town Courts; or (2) Grant a variance pursuant to the provisions of its power as set forth in the Town Law of the State of New York; or (3) Dismiss the complaint. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 410.9 In addition to any other procedures herein provided and/or any penalties herein provided, the Town Board may seek injunctive relief or other special relief to prevent the unlawful erection, construction, alteration, use, or continued use of any facility or lot, or to prevent the establishment of any activity in violation of the land use regulations. 410.10 Any person, firm, corporation, or other party or entity, whether owner, tenant, builder, or contractor working on a subject lot or facility who violates any provision of the zoning regulations shall be considered guilty of an offense against the health, safety, and welfare of the residents of the Town and, upon conviction, shall be subject to a fine not to exceed $250.00 plus costs or imprisonment not to exceed 30 days or both, for each violation and for each week that each violation continues. Section 411-414: reserved. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 415 Amendments 415.1 Authority The regulations, restrictions, and boundaries set forth in the zoning regulations 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. 415.2 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 facilities and/or activities in any district the proposed amendment must be referred by the Town Board top the Planning Board for its study and recommendation regarding the amendment's conformance with the comprehensive plan. When referring the proposal the Town Board may stipulate that the Planning Board's recommendation must be received by a certain time, after which the Town Board will 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 facilities and/or activities may also be referred to the Planning Board for study and recommendation. 415.3 Hearinp, Final action to amend, supplement, change, or repeal provisions of the zoning regulations 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. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 415.6 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 supercede 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 thereof, 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. 415.7 Effective Date of Amendment Amendments take effect 10 days after publication in the official paper or immediately to anyone served personally with a copy of the amendment certified by the Town Clerk. 415.8 Revision of Regulations All official copies of the regulations, including maps, must be revised within 10 days after publication to incorporate the amendment. Section 416-419: reserved. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 420 Appeals and Variances The purpose of Sections 420 through 432 is to set forth procedures and conditions under which appeals on enforcement of the provisions of the land use regulations can be heard and decided by the Board of Zoning Appeals. It is recognized that the Zoning Officer is required to enforce the land use regulations as written, but that literal interpretation of the land use regulations regarding development of some lots may impose constraints which are not within the legislative intent of the regulations. 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 421 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 Zoning Officer with regard to the land use regulations. 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 land use regulations when the appellant disputes the interpretation made by the Zoning Officer. The determination of the Board of Zoning Appeals establishes the interpretation of the disputed language wherever it may apply. Section 422 Parties Who May Appeal Appeals may be filed by any officer, department, board, or bureau of the Town, or by any person aggrieved by an action of the Zoning Officer. Any party may appeal to the Board of Zoning Appeals if the action of the Zoning Officer appealed from affects adversely a property right or other legal interest of the appellant. An applicant for a permit may be aggrieved by the refusal of the Zoning Officer to issue a permit. (For procedure see Sections 426 through 430.) A party 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 Sections 431 and 432.) Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 423 Appeal Procedure by Board of Zoning Appeals 423.1 Time of Hearing of Appeals The Board of Zoning Appeals must schedule a hearing on all appeals within 90 days of the filing of the appeal. 423.2 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 Regional State Park Commission having jurisdiction over any State park or parkways within 500 feet of the lot which is the site of the appeal. The Board must also mail notices to the owners of record (from the current tax role) of all lots within 500 feet of the lot which is the site of the appeal. The notice must state the location of the facility 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. The notice must precede the date of the hearing as follows: Variance as to public access regulations: 10 days. All other variances: 5 days. Other hearings: 5 days. 423.3 Proceedings The order of business at a hearing is as follows: 1. Roll call; 2. The Chair gives a statement of the case and reads all correspondence and reports received on it; 3. The appellant's case is presented; 4. Those opposed present their arguments; 5. Rebuttal by both sides; 6. The board takes the case under advisement; 7. Additional cases (repeat 2 through 6); 8. Adjournment of hearings; and 9. Call to order of regular meeting (when applicable). 423.4 General Rules Any party may appear in person or 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. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 423.5 Rehearin& 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. 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 424 Decisions 424.1 Time of Decisions Decisions by the Board of Zoning Appeals must be made not later than 60 days from the date of the final hearing. 424.2 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. 424.3 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. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 424.4 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 agency when referral to the county planning agency was required in the case. A certified copy of the decision, including all terms and conditions, is to be transmitted to the Zoning Officer and is binding upon and observed by the Zoning Officer. The Zoning 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. 424.5 Basis for Decisions In reaching the decision the Board of Zoning Appeals must be guided by standards specified in the applicable sections of the land use regulations as well as by the community goals and policies as specified in the general plan and by the findings of the Board in each case. The Board is expressly prohibited from basing its decisions on (1) the presence of a nonconforming lot, facility, or activity nearby or in the same zoning district, or (2) any condition, lot, facility, or activity in another zoning district or another municipality. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 424.6 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: 1. It has made an intelligent review of the question; 2. It has considered all of the information or evidence; 3. It has heard all parties in question; 4. Any intimate knowledge it has of the subject under question has been taken into account; and 5. 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. 424.7 Expiration of Orders Unless the written decision and order specifically states otherwise, the order and any associated Zoning Permit expire one year after the date of issuance of the decision and order. If at the expiration date the permitted work is not completed, but is being pursued and substantial progress is being made,the Zoning Officer may extend the permit for one year. If at the expiration date the Zoning 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, and appeal: i.e., after an order expires it has no legal standing whatever.) 424.8 Decisions on Rehearings All the rules and requirements of this section apply to decisions on rehearings. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 425 Procedure Appeals by an Applicant 425.1 An appeal must be made within 30 days of the Zoning Officer's action appealed from. 425.2 The appeal must be filed with the Zoning Officer on the form provided for that purpose. The Zoning 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 Section 426). 425.4 All information required on the forms must be complete and the fee paid (see Section 407) before an appeal is considered filed. 425.5 Six copies of the completed appeal forms must be forwarded to the Board by the Zoning Officer. 425.6 Appeals may be amended 15 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 Types of Variances In deciding on an appeal by an appellant the Board of Zoning Appeals in empowered to grant four types of variances: 1. Variance as to dimension regulations: in accordance with Section 267 of Town Law. (Requirements are listed in Section 427.) 2. Variance as to permitted facilities and activities: in accordance with Section 267 of Town Law. (Requirements are listed in Section 428.) 3. Variance as to requirement that lots must have frontage on a public road; in accordance with Section 280-a, Subdivision 3, of Town Law. (Guidelines are listed in Section 429.) 4. Variance as to building on a site proposed for public acquisition in the Town or County Official Map: in accordance with Section 279 of Town Law regarding the Town Official Map or in accordance with Section 239-j of General Municipal Law regarding the County Official Map. (Requirements are listed in Section 430.) Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 427 Requirements for Granting Variances as to Dimension Regulations Before granting any variance as to dimension regulations the Board of Zoning Appeals should consider each of the following points: 1. How substantial the variation is in comparison to the requirement; 2. 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; 3. Whether the variance will produce a substantial change in the character of the neighborhood or a substantial detriment to adjoining properties; 4. Whether the practical difficulty in observing the dimension regulations can be overcome by some method, reasonable for the appellant to pursue, other than a variance; and 5. Whether in view of the manner in which the practical difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance. (These points are taken from the opinion in Wachsberger vs Michalis, 19 Misc. 2nd 909.) Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 428 Requirements for Grantin4 Variances as to Permitted Facilities and Activities Before granting any variance as to permitted facilities and activities the Board of Zoning Appeals must find all of the following conditions present: 1. The facility or activity sought to be permitted is not conditionally permitted in the zoning regulations through Site Plan Review; 2. The lot or facility in question cannot reasonably be used for and facility or activity permitted or conditionally permitted by these regulations; 3. The facility or activity sought to be permitted will not appreciably alter the character of the locality, which was developed in reliance on the stability of the regulations; and 4. The circumstances upon which the appeal is based were not created by the appellant, nor was the appellant's interest in the property acquired with knowledge that these conditions exist. (Points 2 and 3 are taken from the opinion in Otto vs Steinhilber, 282 NY 71. Point 4 is taken from the opinion in Clark vs Zoning Board of Appeals of Town of Hempstead, 301 NY 86.) Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 429 Guidelines for Granting Variances as to Public Access Regulations Before granting any variance as to public access regulations the Board of Zoning Appeals should consider the following points: (Note: These are only guidelines; the courts have not established requirements for this type of variance.) 1. 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; 2. No substantial change will be produced in the character of the neighborhood and no substantial detriment to adjoining properties will be created; 3. 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; 4. The lot or facility in question cannot reasonably be used for any facility or activity permitted or conditionally permitted by the land use regulations; 5. The facility or activity sought to be permitted will not appreciably alter the character of the locality, which was developed in reliance on the stability of the regulations; and 6. The circumstances of the case do not require the proposed facility or 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 1,2, and 3 are taken from the opinion in Wachsberger vs Michalis, 19 Misc. 2nd 909. Points 4 and 5 are taken from the opinion in Otto vs Steinhilber, 282 NY 71. Point 6 is taken from Section 280-a, Subdivision 3, of Town Law.) Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 430 Requirements for Granting Variances as to Buildin on a Site Proposed for Public Acquisition in the Town or County OfKcial Map Before granting any variance as to building on a site proposed for public acquisition in the official map of the town or county the Board of Zoning Appeals must make findings on the following points: 1. The lot or facility in question cannot reasonably be used for any facility or activity permitted or conditionally permitted by the land use regulations; 2. The action sought to be permitted will increase the cost of public acquisition of the site as little as practicable; and 3. 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 1 is taken from the opinion in Otto vs Steinhilber, 282 NY 71. Point 2 is taken from Section 270 of Town Law. Point 3 is taken from Section 279 of Town Law and Section 239-j of General Municipal Law.) Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 431 Procedure for Appeals by Public Officials or by Aggrieved Persons Other Than an Applicant 431.1 An appeal must be made within 30 days of the Zoning Officer's action appealed from. 431.2 The appeal must be filed with the Zoning Officer on the form provided for that purpose. The Zoning Officer is responsible, at the direction of the Board of Zoning Appeals, for providing any appellant with the proper forms and for instructing the parties concerned on the proper manner for completing and filing the forms. 431.3 All information required on the forms must be complete and any required fee paid (see Section 407). 431.4 The appeal must show what relief is sought or what action of the Zoning Officer the appellant wishes to have revoked or modified. 431.5 Six copies of the completed appeal forms must be forwarded to the Board of Zoning Appeals and one copy forwarded to the Town Attorney by the Zoning Officer. 431.6 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. 431.7 Appeals may be amended 15 days prior to the public hearing thereon. 431.8 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 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: 1. The issuance of the permit was based on an erroneous interpretation of the land use regulations or an error in measurement; and 2. The action appealed from does not conform to the letter of the land use regulations. Section 433-439: reserved. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 440 Site Plan Review and Approval 440.1 Applicability The procedures set forth in this Section apply to each of the following: a. Special Permit. Certain facilities and activities are identified in the 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 Combining District. Permits in Combining Districts require compliance with the specific Combining District 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, the Planned Unit Development Site Plan is reviewed according to the procedures of this Section before Zoning Permits are issued. 440.2 Sketch Plan Conference A sketch plan conference shall be held between the Site Plan Review Board (SPRB) and 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. 1. An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, and easements within 200 feet/60 m of the boundaries thereof. 2. A map of site topography at no more than 5 foot/2 m contour intervals. If general site grades exceed 5 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 that 2 feet/5 dm of elevation should also be provided. 440.3 Application for Preliminary Site Plan Approval An application for preliminary site plan approval shall be made in writing to the SPRB and shall be accompanied by information drawn from the following Preliminary Site Plan Checklist 1. Title of drawing, including name and address of applicant and person responsible for preparation of the drawing; 2. North arrow, scale, and date; Town of Groton Land Use and Development Code Article 4: Procedures and Rules (440.3 cont) 3. Boundaries of the property plotted to scale; 4. Existing watercourses; 5. Grading and drainage plan, showing existing and proposed contours; 6. Location, proposed use, and height of all buildings; 7. Location, design, and construction materials of all parking and truck loading areas, showing access and egress; 8. Provision for pedestrian access; 9. Location of outdoor storage, if any; 10. Location, design, and construction materials of all existing or proposed site improvements, including drains, culverts, retaining wall, and fences; 11. Description of the methods of waste disposal and location, design, and construction materials of such facilities; 12. Description of the method of securing public water and location, design, and construction materials of such facilities; 13. Location of fire and other emergency zones, including the location of fire hydrants; 14. Location, design, and construction materials of all energy distribution facilities, including electrical, gas, and solar energy; 15. Location, size, and design and construction materials of all proposed signs; 16. Location and proposed development of all buffer areas, including existing vegetative cover; 17. Location and design of outdoor lighting facilities; 18. Designation of the amount and location of building area proposed for each activity type; 19. General landscaping plan and planting schedule; and 20. Other elements integral to the proposed development as considered necessary by the SPRB, including identification of any federal, state, or county permits required for the project's execution. Town of Groton Land Use and Development Code Article 4: Procedures and Rules (440.3 cont) Required Fee An application for preliminary site plan review and approval shall be accompanied by a fee as provided in Section 407. No further fee is required at the final detailed site plan stage. 440.4 Review of Preliminary Site Plan The SPRB's review of a preliminary site plan shall include, as appropriate, the following: General Considerations 1. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, and traffic controls; 2. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience; 3. Location, arrangement, appearance, and sufficiency of off-street parking and loading; 4. Location, arrangement, size, design, and general site compatibility of buildings, lighting, and signs; 5. Adequacy of storm water and drainage facilities; 6. Adequacy of water supply and sewage disposal facilities; 7. 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; 8. In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation; 9. Protection of adjacent or neighboring properties against noise, glare, unsightliness, or other objectionable features; 10. Adequacy of fire lanes and other emergency zones and the provision of fire hydrants; and 11. Special attention to the adequacy of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding, and/or erosion. Town of Groton Land Use and Development Code Article 4: Procedures and Rules (440.4 cont) Consultant Review The SPRB 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 SPRB may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by the SPRB, the public hearing shall be conducted within 45 days of the receipt of the application for preliminary site plan approval and shall be advertised in the official newspaper at least 5 days before the public hearing. 440.5 Action on Preliminary Site Plan Within 45 days of the receipt of an application for preliminary site plan approval, the SPRB shall act on it. If no decision is made within the 45-day period, the preliminary site plan shall be considered approved. The SPRB'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 SPRB'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 SPRB's statement will contain the reason for such findings. In such as case, the SPRB may recommend further study of the site plan and resubmission to the SPRB after it has been revised or redesigned. 440.6 Submission of Final Detailed Site Plan After receiving approval, with or without modifications, from the SPRB on a preliminary site plan, the applicant shall submit a final, detailed site plan to the SPRB for approval. If more than six months has elapsed since the time of the SPRB's action on the preliminary site plan and if the SPRB finds that conditions may have changed significantly in the interim, the SPRB 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 SPRB in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. Town of Groton Land Use and Development Code Article 4: Procedures and Rules (440.6 cont) The following additional information must accompany an application for final site plan approval: 1. Record of application for and approval status of all necessary permits from federal, state, and county officials; 2. Detailed sizing and final material specification of all required improvements; and 3. An estimated project construction schedule. 440.7 Required Referral to County Planning Agency Prior to taking action on the final site development plan, the SPRB must refer the plan to the county planning agency for advisory review and a report in accordance with section 239 of the General Municipal Law. 440.8 SPRB Action on Final Detailed Site Plan Within 45 days of receipt of the application for final site plan approval, the SPRB shall render a decision to the Zoning Officer. If no decision is made within the 45-day period, the final site plan shall be considered approved. 1. Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the municipality, the SPRB shall endorse its approval on a copy of the final site plan and shall forward it to the Zoning Officer. 2. Upon disapproval of a final site plan, the SPRB shall so inform the Zoning Officer and the Zoning Officer shall deny a Zoning Permit to the applicant. The SPRB shall also notify the applicant in writing of its decision and its reasons for disapproval. 440.9 Reimbursable Costs Costs incurred by the SPRB for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant, not to exceed $50 per acre or $125 per hectare. 440.10 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 SPRB after consultation with the Zoning Officer, Public Works Officials, or other competent persons. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 440.11 Inspection of Improvements The Zoning Officer shall be responsible for the overall inspection of site improvements, including coordination with Public Works Officials and other officials and agencies, as appropriate. 440.12 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 SPRB shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance. 440.13 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 Combining Districts, but not Planned Unit Development Districts, the SPRB may, at its discretion, shorten the Site Plan Review procedure under the following conditions: 1. If no modifications to the Preliminary Site Plan are required in Section 440.5 and all Final Detailed Site Plan requirements in Section 440.6 are met by the Preliminary Site Plan, the SPRB may declare the Preliminary Site Plan to satisfy Section 440.6, Submission of Final Detailed Site Plan. 2. If no referral to the County Planning Agency is required under Section 440.7, or the County Planning Agency's report has already been received, the SPRB may proceed with action on the Final Detailed Site Plan as in Section 440.8. Section 441-444: reserved. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 445 Site Plan Review in Flood Hazard Area Combining District: FH 445.1 Purpose It is the purpose of the Flood Hazard Area Combining District to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. Insure that potential buyers are notified that property is in an area of special flood hazard; and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 445.2 General Provisions 445.2.1 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM), No. H 01-06, dated July 11, 1975, and any revisions thereto, are adopted by reference and declared to be a part of this code. (See Section 332.1.) The FHBM is included as part of the Zoning Map (Section 345) and, in addition, is on file at the municipal clerk's office. In the absence of base flood elevation data from the above source the Site Plan Review Board may use flood elevation data from any state, federal, or other source. 445.2.2 Conflict with Other Regulations Whenever the requirements of this section 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. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 445.3 Administration 445.3.1 Site Plan Review for All Development All developments within the area of special flood hazard are subject to Site Plan Review and Approval. 445.3.2 Application for Development Permit A Zoning Permit shall be obtained before construction or development begins within any area of special flood hazard. Application for a Zoning Permit shall include: plans 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 any other materials the Site Plan Review Board deems necessary to evaluate the proposal. 445.3.3 Necessary Permits from Other Agencies Before issuing a Zoning Permit the SPRB must: 1. Review all applications to determine that the permit requirements of this local law have been satisfied. 2. Review all applications to determine that all necessary permits have been obtained from those federal, state, or other local governmental agencies from which prior approval is required. 445.4 Provisions for Flood Hazard Reduction 445.4.1 General Standards In all areas of special flood hazards the following additional site plan review standards are required: 445.4.1.1 Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All mobile homes and any additions thereto shall be anchored to resist flotation, collapse, or lateral movement by providing an anchoring system designed to withstand a wind force of 145 km/90 miles per hour. 445.4.1.2 Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 445.4.1.3 Utilities 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and 3. On -site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding. 445.4.1.4 Subdivision Proposals 1. All subdivision proposals shall be consistent with the need to minimize flood damage; 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and 4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or and area of 2 ha or 5 acres (whichever is less). 445.4.1.5 Encroachments Any proposed development shall be analyzed to determine effects on the flood carrying capacity of the area of special flood hazard as set forth in Section 445.3.3.1(3), Permit Review. 445.4.2 Community Impact In passing upon such applications, the SPRB shall consider all relevant factors pertaining to expected impacts on the community as a whole, including: 1. the danger that materials may be swept onto other lands to the injury of others; 2. the danger of life and property due to flooding or erosion damage; 3. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. the importance of the services provided by the proposed facility to the community; 5. the necessity to the facility of a waterfront location, where applicable; Town of Groton Land Use and Development Code Article 4: Procedures and Rules (445.4.2 cont) 6. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. the compatibility of the proposed use with existing and anticipated development; 8. the relationship of the proposed use to the comprehensive plan and flood plain management program of that area; 9. the safety of access to the property in times of flood for ordinary and emergency vehicles; 10. 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 11. the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. 445.4.3 Stream Bed Impact The Site Plan Review Board must consider stream bed impact in passing on applications. It must review all applications for development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this section, "adversely affects" means damage to adjacent properties because of rises in flood stages attributed to physical changes of the channel and the adjacent overbank areas. 1. If it is determined that there is no adverse effect, then the permit shall be granted consistent with the provisions of this section. 2. If it is determined that there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. 445.4.4 Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 445.2.1, the following standards are required: 445.4.4.1 Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 445.4.4.2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. be floodproofed so that below the base flood level the structure is watertight with walls substantially impermiable to the passage of water; 2. have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 445.5.1. 445.5 Records and Notifications: Actions in Flood Hazard Areas 445.5.1 Information to be Obtained and Maintained The following are minimum information recording requirements of the flood insurance program: 1. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. 2. For all new or substantially improved floodproofed structures: (a) obtain and record the actual elevation (in relation to mean seal level) to which the structure has been floodproofed; (b) maintain the floodproofing certifications required in Section 445.4.4.2(3). 3. Maintain for public inspection all records pertaining to the provisions of these regulations. 445.5.2 Notification of Alteration of Watercourses Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. Section 446-459: reserved. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 460 Planned Unit Development Procedure 460.1 Specific Objectives The objectives of the Planned Unit Development procedure are to achieve, insofar as practical, the following: 1. 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; 2. More usable open space and recreation areas; 3. More convenience and flexibility in the location of any nonresidential facilities; 4. The preservation of trees, drainage ways, outstanding natural topography and geologic features, and prevention of soil erosion; 5. A creative use of land and facilities which will produce an orderly transition from intensive to less intensive use of land; 6. An efficient use of land resulting in smaller networks of utilities and streets, and thereby, lower community costs; 7. A development pattern in harmony with the long-range objectives of the general. development plan of the Town: and 8. A more desirable environment than would be possible through the strict application of other provisions of this code. 460.2 Preliminary Proposal An applicant for a Planned Unit Development District must submit a request to the Town Board in the form of a Preliminary PUD Proposal, which must include: 1. 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 PUD District. 2. 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. 3. A Environmental Assessment Form. 4. A request to rezone a specific site to a PUD District in accordance with the Amendment procedure, Section 410. Town of Groton Land Use and Development Code Article 4: Procedures and Rules (46C.2 cont) 5. A description of the site boundary suitable for inclusion on the Zoning Map, Section 340f f . 6. An outline of the contents of the PUD regulations sought, covering as many as possible of the points in a Basic District Regulation such as Section 352. The Town Board may direct the applicant to provide additional information and attend additional meetings to confer with them. 460.3 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 PUD District, an amendment to the zoning regulations is prepared including amendment to the map and regulations governing the proposed PUD District. The regulations shall, as a minimum, cover the following points, which are the same as addressed in the Basic District Regulations, Sections 350-355. 1. Facilities and activities to be allowed: mix, magnitude, and location; 2. Minimum lot area and frontage (if the PUD District is to be divided into separate ownership parcels); 3. Minimum yard depth, including spacing between facilities; and 4. Maximum facility dimensions. In addition, the regulations for the PUD District should include all those items in Article 3, Sections 300 through 329, 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. 460.4 Planned Unit Development Amendment Procedure An amendment to the zoning regulations to provide for a PUD District is subject to the same procedural requirements as any other amendment, including a public hearing. The amendment procedure is found in Section 410. Town of Groton Land Use and Development Code Article 4: Procedures and Rules i 460.5 Site Plan Review of Newly Established Planned Unit Development In amending the zoning regulations to establish a new PUD District the Town Board also directs the Site Plan Review Board to conduct site plan review and approval of the PUD in accordance with the procedure in Section 440, Site Plan Review and Approval, thereby ensuring that the PUD District is developed in accordance with the applicable regulations. 460.6 Review If within a reasonable time after approval of the Final Detailed Site Plan by the Site Plan Review Board no progress in being made on the PUD by the developer the Town Board may choose to consider amending the zoning regulations to delete the PUD District. 460.7 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 leasees 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 461-499: reserved. Town of Groton Land Use and Development Code Article 4: Procedures and Rules Section 480 Environmental Quality Review: List of Type I Actions 480.1 Authoritv In carrying out the local enforcement of the State Environmental Quality Review Act (Environmental Conservation Law, Section 8.0113, and New York Code of Rules and Regulations, Part 617) the Town may adopt a list of Type I Actions (those actions undertaken, funded, or permitted by the Town which require environmental review) which is more strict, having higher standards and lower thresholds, than the Department of Environmental Conservation regulations. (See NYCRR 617.4(e).) 480.2 List of Type I Actions The purpose of this list is to identify those actions and projects that are more likely to require the preparation of an EIS than those not so listed, i.e., unlisted actions. This list is not exhaustive, therefore, the fact that an action or project has not been listed as a Type I Action does not carry with it the presumption that it will not have a significant effect on the environment. This list conforms with or is more strict than SEQR, Section 617.12. The following actions are Type I if they are directly undertaken, funded, or approved by the Town: 1. The adoption of a land use plan or zoning regulations or the adoption of a comprehensive resource management plan. 2. Changes in the permitted facilities and activities within any zoning district, affecting 25 or more acres or 10 or more hectares of the district: (a) authorizing industrial or commercial development within a residential or an agricultural district; or (b) authorizing residential development within an agricultural district. 3. The granting of a zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given in other sections of this list. 4. The acquisition, sale, lease, or other transfer of more than 100 acres or 40 hectares of contiguous land by a state or local agency. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 480.2 (cont) 5. Construction of new facilities or expansion of existing facilities or activities of the size or amount indicated: a. Residential subdivisions, apartments, mobile home parks, or planned unit developments for 10 or more housing units. b. Commercial or office developments where the site to be developed is 5 acres or 2 hectares or more, including parking areas. 6. Construction of new nonresidential facilities which meet or exceed any of the following thresholds; or the expansion of existing nonresidential facilities by more than 50 percent of any of the following thresholds, providing that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section: a. a project or action which involves the physical alteration of 10 acres or 4 hectares or more; b. a project or action which would use ground or surface water in excess of 200,000 gallons or 800,000 liters per day; c. parking for 100 vehicles; or d. a facility with more than 10,000 square feet or 1,000 ca of gross floor area. 7. Any structure exceeding 100 feet or 30 meters above original ground level if there is no zoning regulation pertaining to height. 8. Any nonagricultural facility or activity occurring wholly or partially within an agricultural district (certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303) which exceeds 10 percent of any threshold established in this section. 9. Any action (unless the action is desibned for the preservation of the facility or site) occurring wholly or partially within, or contiguous to, any facility or site listed on the National Register of Historic Places, or any historic building, structure, or site, or prehistoric site that has been proposed by the Committee on the Registers for consideration by the New York State Board on Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in the National Register, or that has been designated as a historic building, landmark, or district by the Town Board. Town of Groton Land Use and Development Code Article 4: Procedures and Rules 480.2 (cont) 10. Any project or action which exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated park land, recreation area, or designated open space. 11. Any action which exceeds the locally established thresholds or if no such thresholds are established, any action which takes place wholly or partially within or substantially contiguous to any Critical Environmental Area designated by a local agency pursuant to SEQR, Section 617.4. 12. Any grading on a slope of 10 percent or more. 13. Clear cutting of 25 contiguous acres or 10 contiguous hectares or more of forest cover or vegetation other than agricultural crops. Sections 481-499: reserved. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review Article 5 Environmental Quality Review Section 500 Introduction A local law of the Town of Groton pursuant to Article 8 of the New York Environmental Conservation Law providing for environmental quality review of actions which may have a significant effect on the environment. BE IT RESOLVED by the Town Board of the Town of Groton as follows: Section 501 Special Terms (a) Unless the context shall otherwise require, the terms, phrases, words, and their derivatives used in this local law shall have the same meaning as those defined in Section 8-0105 of the Environmental Conservation Law and Part 617 of Title 6 NYCRR. (b) "Town" shall mean the Town of Groton. Section 502 Effect No decision to carry out or approve an action other than an action listed in Section 3(b) hereof or Section 617.12 of 6 NYCRR as a Type II Action, shall be made by the Town Board or by any department, board, commission, officer, or employee of the Town until there has been full compliance with all requirements of this local law and Part 617 of Title 6 NYCRR. Each department, board, commission, officer, or employee of the Town shall be responsible for carrying out the requirements of this local law and Part 617 of Title 6 NYCRR on all matters involving their own actions or approvals, except where more than one department, board, commission, officer, or employee is involved, the Town Board may designate one to serve as the lead agency. Nothing herein shall be construed as prohibiting: (a) the conducting of contemporaneous environmental, engineering, economic feasibility, or other studies and preliminary planning, and budgetary processes necessary to the formulation of a proposal for action which do not commit the Town to approve, commence, or engage in such action, or (b) the granting of any part of an application which relates only to technical specifications and requirements, providing that no such partial approval shall entitle or permit the applicant to commence the action until all requirements of this local law and Part 617 of Title 6 NYCRR have been fulfilled. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review Section 503 List of Type I Actions (a) Consistent with Part 617 of Title 6 NYCRR and the criteria therein, the following actions, in addition to those listed in Section 617.12 of Title 6 NYCRR as Type I Actions, are likely to have a significant effect on the environment. The following actions are Type I if they are directly undertaken, funded, or approved by the Town: 1. The adoption of a land use plan or zoning regulations or the adoption of a comprehensive resource management plan. 2. Changes in the permitted facilities and activities within any zoning district, affecting 25 or more acres or 10 or more hectares of the district: (a) authorizing industrial or commercial development within a residential or an agricultural district; or (b) authorizing residential development within an agricultural district. 3. The granting of a zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given in other sections of this list. 4. The acquisition, sale, lease, or other transfer of more than 100 acres or 40 hectares of contiguous land by a state or local agency. 5. Construction of new facilities or expansion of existing facilities or activities of the size or amount indicated: a. Residential subdivisions, apartments, mobile home parks, or planned unit developments for 10 or more housing units. b. Commercial or office developments where the site to be developed is 5 acres or 2 hectares or more, including parking areas. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review (Section 503(a) cont) 6. Construction of new nonresidential facilities which meet or exceed any of the following thresholds; or the expansion of existing nonresidential facilities by more than 50 percent of any of the following thresholds, providing that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section: a. a project or action which involves the physical alteration of 10 acres or 4 hectares or more; b. a project or action which would use ground or surface water in excess of 200,000 gallons or 800,000 liters per day; c. parking for 100 vehicles; or d. a facility with more than 10,000 square feet or 1,000 ca of gross floor area. 7. Any structure exceeding 100 feet or 30 meters above original ground level if there is no zoning regulation pertaining to height. 8. Any nonagricultural facility or activity occurring wholly or partially within an agricultural district (certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303) which exceeds 10 percent of any threshold established in this section. 9. Any action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or contiguous to, any f,� lity or site listed on the National Register of Historic Places, or any historic building, structure, or site, or prehistoric site that has been proposed by the Committee on the Registers for consideration by the New York State Board on Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in the National Register, or that has been designated as a historic building, landmark, or district by the Town Board. 10. Any project or action which exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated park land, recreation area, or designated open space. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review (Section 503(a) cont) 11. Any action which exceeds the locally established thresholds or if no such thresholds are established, any action which takes place wholly or partially within or substantially contiguous to any Critical Environmental Area designated by a local agency pursuant to SEQR, Section 617.4. 12. Any grading on a slope of 10 percent or more. 13. Clear cutting of 25 contiguous acres or 10 contiguous hectares or more of forest cover or vegetation other than agricultural crops. (b) Consistent with Part 617 of Title 6 NYCRR and the criteria therein, all actions not listed in Section 617.12 of Title 6 NYCRR and Section 503(a) of this local law, if any, as Type I Actions, shall be considered as Type II Actions, and shall be deemed not to have a significant effect on the environment. Section 504 Statement by Applicant Required For the purpose of assisting in the determination of whether an action may or will not have a significant effect on the environment, applicants for permits or other approvals shall file a written statement with the governing body, or appropriate department, board, commission, officer, or employee having jurisdiction setting forth the name of the applicant; the location of the real property affected, if any; a description of the nature of the proposed action; and the effect it may have on the environment. In addition, appljcgnt may include a detailed statement of the reasons why, in their view, a proposed action may or will not have a significant effect on the environment. Where the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement provided herein shall be upon a form prescribed by the appropriate department, board, commission, officer, or employee having jurisdiction and shall contain such additional relevant information as shall be required in the prescribed form. Such statement shall be accompanied by drawings, sketches, and maps, if any, together with any other relevant explanatory material required by the appropriate department, board, commission, officer, or employee having jurisdiction. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review Section 505 Timely Determination (a) The appropriate department, board, commission, officer, or employee having jurisdiction shall render a written determination on such application within 15 days following receipt of a complete application and statement, provided however, that such period may be extended by mutual agreement of the applicant and the appropriate department, board, commission, officer, or employee having jurisdiction. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The appropriate department, board, commission, officer, or employee having jurisdiction may hold informal meetings with the applicant and may meet with and consult any other person for the purpose of aiding it in making a determination on the application. (b) The time limitations provided in this local law shall be coordinated with, to the extent practicable, other time limitations provided by statute or local law, ordinance, or regulations of the Town or by statute of the State of New York. Section 506 Fee for Application Every application for determination under this local law shall be accompanied by a reasonable fee set forth in Sections 508(b) and 511 to defray the expenses incurred in rendering such determination. The fee shall be $10.00. Section 507 Determination of Significance If the appropriate department, board, commission, officer, or employee having jurisdiction determines that the proposed action is not an exempt action. not an action listed in Section 503(b) hereof, or Section 617.12 of Title 6 NYCRR as a Type II Action, and that it will not have a significant effect on the environment, the appropriate department, board, commission, officer, or employee having jurisdiction shall prepare, file, and circulate such determination as provided in Section 617.7(b) of Title 6 NYCRR, and thereafter the proposed action may be processed without further regard to this local law. If the appropriate department, board, commission, officer, or employee having jurisdiction determines that the proposed action may have a significant effect on the environment, the appropriate department, board, commission, officer, or employee having jurisdiction shall prepare, file, and circulate such determination as provided in 617.7(b) of Title 6 NYCRR, and thereafter the proposed action shall be reviewed and processed in accordance with the provision of this local law and Part 617 of Title 6 NYCRR. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review Section 508 Draft Environmental Impact Statement Following a determination that a proposed action may have a significant effect on the environment, the appropriate department, board, commission, officer, or employee having jurisdiction shall, in accordance with the provisions of Part 617 of Title 6 NYCRR: (a) in the case of an action involving an applicant, immediately notify the applicant of the determination and request the applicant to prepare an environmental impact report in the form of a draft environmental impact statement or (b) in the case of an action not involving an applicant, prepare a draft environmental impact statement. If the applicant decides not to submit an environmental impact report, the appropriate department, board, commission, officer, or employee having jurisdiction shall prepare or cause to be prepared the draft environmental impact statement, or in its discretion notify the applicant that the processing of the application will cease and that no approval will be issued. The appropriate department, board, commission, officer, or employee having jurisdiction may require an applicant to submit a fee to defray the expense to it of preparing a draft environmental impact statement or reviewing same if it is prepared by the applicant. Such fee shall not exceed the actual cost of preparing the impact statement but in any case, shall not exceed, in aggregate, one half of one percent of the action's total cost of the applicant. Section 509 Notice of Completion: Draft Environmental Impact Statement Upon completion of a draft environmental impact statement, a Notice of Completion containing the information specified in Section 617.7(d) of Title 6 NYCRR shall be prepared, filed, and circulated as provided in Section 617.7(e) and (f) of Title 6 NYCRR. Copies of the draft environmental impact statement and the Notice of Completion shall be filed, sent, and made available as provided in Section 617.7(e) and (f) of Title 6 NYCRR. If the department, board, commission, officer, or employee having jurisdiction determines to hold a public hearing on a draft environmental impact statement, notice thereof shall be filed, circulated,'and sent in the same manner as the Notice of Completion and shall be published in the official newspaper of the Town, if any, or if none, in a newspaper having general circulation within the County, at least ten days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which such comments shall be received. The hearing shall commence not less than 15 calendar days nor more than 60 calendar days of the filling of the draft environmental impact statement, except as otherwise provided where the appropriate department, board, commission, officer, or employee having jurisdiction determines that additional time is necessary for the public or other agency review of the draft environmental impact statement, or where a different hearing date is required as appropriate under oth}r applicable law. Town of Groton Land Use and Development. Code Article 5: Environmental Quality Review Section 510 Evaluation of Draft Environmental Impact Statement If, on the basis of a draft environmental impact statement or a public hearing thereon, the appropriate department, board, commission, officer, or employee having jurisdiction determines that an action will not have a significant effect on the environment, the proposed action may be processed without further regard to this local law. Section 511 Final Environmental Impact Statement Except as otherwise provided herein, the appropriate department, board, commission, officer, or employee having jurisdiction shall prepare or cause to be prepared a final environmental impact statement in accordance with the provisions of Part 617 of Title 6 NYCRR, provided further that if the action involves an application, the appropriate department, board, commission, officer, or employee having jurisdiction may direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environmental impact statement, whichever last occurs, provided however, the appropriate department, board, commission, officer, or employee having jurisdiction may extend this time as necessary to complete the statement adequately or where problems identified with the proposed action require material reconsideration or modification. Where the action involves the preparation, in whole or in part, of the environmental impact statement by the appropriate department, board, commission, officer, or employee having jurisdiction, such final environmental impact statement shall be accompanied by a fee to defray the expenses of the Town in preparing and/or evaluating same. Such fee shall not exceed the actual cost of preparing and evaluating the impact statement, but in any case shall not exceed, in aggregate, one half of one percent of the action's total cost to the applicant. Section 512 Notice of Completion: Final Environmental Impact Statement A Notice of Completion of a final environmental impact statement shall be prepared, filed, and sent in the same manner as provided in Section 509 herein and shall be sent to all persons to whom the Notice of Completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in the same manner as the draft environmental impact statement. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review Section 513 Decision on Proposed Action No decision to carry out or approve an action which has been the subject of a final environmental impact statement by the appropriate department, board, commission, officer, or employee having jurisdiction or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the appropriate department, board, commission, officer, or employee having jurisdiction has been the lead agency for an action, it shall make a decision whether or not to approve the action within 30 days of the filing of the final environmental impact statement. Section 514 Findings When an appropriate department, board, commission, officer, or employee having jurisdiction decides to carry out or approve an action which may have a significant effect on the environment it shall make the following findings in a written determination: (a) consistent with social, economic, and other essential considerations of Town policy to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact statements; and (b) all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects. �N Section 515 Filing of Determination For public information purposes, a copy of the determination shall be filed and made available as provided in Part 617 of Title 6 NYCRR. Section 516 Files Open to Public The Town shall maintain files open for public inspection of all Notices of Completion, draft and final environmental impact statements, and written determinations prepared or caused to be prepared by the appropriate department, board, commission, officer, or employee having jurisdiction. Section 517 Determination of Lead Agency Where more than one agency in involved in an action, the procedures of Section 617.4 and 617.8 of Part 617 of Title 6 NYCRR shall be followed. Town of Groton Land Use and Development Code Article 5: Environmental Quality Review Section 518 Exempt Actions Actions undertaken or approved prior to the dates specified in Article 8 of the environmental conservation law for local agencies shall be exempt from this local law and the provisions of Article 8 of the environmental conservation law and Part 617 of Title 6 NYCRR, provided, however that if, after such dates the appropriate department, board, commission, officer, or employee having jurisdiction modified any action undertaken or approved prior to that date and the appropriate department, board, commission, officer, or employee having jurisdiction determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this local law and Part 617 of Title 6 NYCRR. Section 519 Effective Date This local law shall take effect on August 1, 1977. Sections 520-599: reserved. N (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19........ County ofthe City Town of ...................................... was duly passed by the................................................................................... (Name of Legislative Body) Village on ................................................ 19........ in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after, disapproval.) I hereby certify that the local law annexed hereto, designated as local law No..........1.......... of 19.83. of the of GROTON was duly passed by the TOWN BOARD Town........................................................................................................................ (Name of Legislative Body) on .....AUGUST 8 19.$3.. and was approved by the SUPERVISOR .................................................... Elective Chief Executive Officer * and was deemed duly adopted on AUGUST 8 8 pp ......................................................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 ofthe City of ...................................... was duly passed by the...................................................................................... Town (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the.............................................................. repassed after disapproval Elective Chief Cxecutive Officer * on .................................................19........ Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on......................................................19........ , In accordance with the app i- annual cable provisions of law. 4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.......... County ofthe Cit Town of ...................................... was duly passed by the................................................................................on (Name of Legislative Body) Village not disapproved ...................................................... 19........ and was approved by the.........................................................on repassed after disapproval Elective Chief Executive Officer .......................................................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19......... In accordance with the applicable provisions of law. `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 the county legislative body, the 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. Page 2 5. (City local law concerning Charter revision proposed by petition.) I hereby certify- that the local law annexed hereto, designated as local law No..................... of 19........ of the City of.......................................................................... having been submitted to referendum pursuant to the provisions of § 37 of the Municipal Home Rule Law, and leaving received the affirmative vote of a majority of the qualified electors of such city- voting thereon at the special general election held on .................................. ................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 Muni- cipal Horne Rule Law, 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 certification.) B' 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 .............2............ above. Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body Date: AUGUST 9, 1983 (Seal) (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 ......................... I, the undersigned, hereby certify that the foregoing to a law contains the correct text and that all proper proceedings have been had or taken for the e a m the o al nexed her to. for I WO & POMEROY Signature .... TQkl4 . ATToBnI�Y5 . CUTA1AF4u)............... Title Date: AUGUST 9, 1983 rbuxi( UWof...........GROTON....................................... Town Page 3