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HomeMy WebLinkAbout1984 #2(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. CAA&* GA*X of ................................ GROTON Town............................................................................................ yimw Local Law No..........................2............................... of the year 19 ..84.... A local law ................................. TOWN ... OF GROTON- LAND USE .AND. DEVELOPMENT...CODE..................................... .. ... (hWett title) Be it enacted by the.........................................I.OWN . BOARD..............---................................................. of the ........... . .... . CNa�ee � i,e�irlative Body) Q)Nmf Tom )Mf of...................................................................GROTON ........................................................................................... as follows: VM Section 1: The Town of Groton Land Use and Development Code ( Local Law #1 .for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 11.2.1 to read as follows: 112.1 Subdivision: division of a lot or lots into three or more lots, realignment of boundary lines between lots so as to transfer_ land from one lot to another, or separation of noncontiguous lots (e.g., lots transected by public or quasipublic rights-of-way) into separate lots of record without new boundary alignment. No distinction is made between subdivision and resubdivision. Section 2: The Town of Groton Land Use and Development Code (Local. Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 112.2 to read as follows: 112.2 Rural Subdivision: subdivision of land resulting in three to five lots each of which is 5 acres or 2 hectares or more, and which: (1) does riot 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. Section 3: The Town of Groton Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1.983) is further amended by revising section 112.3 to read as follows: 112.3 Minor Subdivision: subdivision of land resulting in three to five 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 tise or development of adjoining land. '(If additional space is needed, please attach sheets of the same size as this and number each) Page 1 Section 4: The Town of Groton .Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 112.4 to read as follows: 112.4 Major Subdivision: subdivision of land resulting in six 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. Section 5: The Town of Groton Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 202.1 to read as follows: 202.1 Major Subdivision: including new streets, utility extensions, clustering, deviation from established Town policy, and/or resulting in six or more .lots. Review includes three required submissions by subdivider and at least one public hearing by the Planning Board. Section 6: The Town of Groton Land Use and Development Code (.Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1.983) is further amended by revising section 202.2 to read as follows: 202.2 Minor Subdivision: resulting in three to five lots of less than five 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. Section 7: The Town of Groton Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 202.3 to read. as follows: 202.3 Rural Land Division: resulting in three to five 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 8: The Town of Groton Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 201.1 to read as follows: 20 1. 1 Akplicability. These regulations apply to: 1. all division of land into three 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. Section 9: The Town of Groton Land Use and Development Code (Local Law#1 for the year 1983 as thereafter amended -by Local Law #2 for the year 1983) is further amended by revising section 11.6.05 to read as follows: 116.05 Multiple Dwellin,: a residential building containing two or more dwelling units. Section 10: The Town of Groton Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 211 to read as follows: Page 2 Section 211 Classification as to TXpe 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, 016L a Minor Subdivision procedure include some of the requirements specified for the Major Subdivision procedure. START No New streets needed? Yes No Utility extension needed? Yes Any conflict with Master Plan, No Official Map, or Zoning Regu- Yes lations? a No -o Frluster subdivision proposed? s-- Yes 35 -.r How many resulting lots?- 6* No -WW Are any resulting lots less than Yes S acres or 2 hectares? a Rural Subdivision: Minor Subdivision: Major Subdivision: Sections 220-229 Sections 230-239 Sections 240-269 � 1 Section 11: The Town of Groton Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising section 325 to read as follows: Section 325 - Minimum Size of Dwelling. -Units A new dwelling unit, established by whatever means, must have at least 840 square feet of enclosed habitable floor space measured around the exterior of the building if in a detached building and measured in the dwelling unit interior otherwise, except that a dwelling unit in -a multiple dwelling must have a minimum habitable floor space equivalent to 125 sqn. ,�e feet of living area for each person inhabiting such dwelling unit. Section 12: The Town of Groton Land Use and Development Code (Dotal Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by repealing Section 319.2. Page 3 Section 13: The Town of Groton Land Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising Section 402.2 to read as follows: 402.2 When required• Any facility, sign ( see Section 319) , mobile home ( see Mobile Home Ordinance), swimming pool (see Swimming Pool Ordinance), building or other structure more than 100 square feet (see Sections 352, 353, 354, 355) requires a zoning permit before construction commences. Excluded from this permit are temporary structures, temporary signs and. unenclosed decks. 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. Section 14: The Town of Groton Land. Use and Development Code (Local Law #1 for the year 1983 as thereafter amended by Local Law #2 for the year 1983) is further amended by revising Section 407 to read as follows: Section Lw7 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. Motor Vehicle Repair Shop License Fee: $12. (Annually) Appeal to Board of Zoning Appeals: $15 plus cost of advertising in official paper. Short Procedure for Certain Site Plan Reviews under Section 440.13: $10 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, whichever_ 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. Page 4 Stec, t ort 15: 'I l 11, 'pown or Groton Laxed Use and Devolopirierit Code (Local Law #1 I'(11, i.I ►ci your I' Wi ate t1loroafter amended. by Loca 1. N-tw #2 for the year 1983) 1 t► hwt,her ciiailwit-iii. by 1'civi.ning Section 351 to rclad -f'ol'lows : Section 351 Table of I.,and 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 weanings . The FacilitLlypes and ActivityTypes 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 L4+0) M # Permitted only in Planned Unit Development (Section 460) Not allowed in district 0 Page 5 t :titin 351 cont) Numbers at left margin are Section numbers where detailed descriptions on the Facility Types and Activity Types are found. Zoning District 120 Facility T.ype Classification RA L M T 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 Buildings: (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. Page 6 (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, Sins` Page 7 (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 # # # # Page 8 (Section 351 cont; Activity Type Classifications, cont) Page 9 ZoninS 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 + + Page 9 (Section 351 cont; Activity Type Classifications, cont) Page 10 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 # # Page 10 (Section 351 cont; Activity Type Classifications, cont) 134 Industrial Activities: .1 Zoning District # # .2 RA L M 1 General manufacturing Sect Sect Sect Sect 133 Commercial Activities: (cont) 352 353 354 355 Miscellaneous Commercial Activities: .5 Field and forest production X .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 # # # # Page 11 (Section 351 cant) 142 Adaptive Reuse Activities in Nonresidential Facilities: .1 Zoning District # + .2 RA L M I Furniture and appliance repair # Sect Sect Sect Sect 140 Combined Facility Type/ 352 353 354 355 Activity_TYPe Classifications: 141 Secondary Residential Activities (Home Occupations): .1 Medical service + # + 0 .2 General personal service + # + 0 .3 Consultative and financial service + # + 0 .4 Repair service + # + 0 .5 Custom manufacturing + # + 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 # # # + Section 16: This Local Law shall take effect when filed with the Secretary of State. Page 12 (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 of the City of ............................ . Town......... 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..... 2.............of 19,..E of the of ........ GR.OTO.N ....... was TOWN BOARD Townduly passed by the............................................................................. (Name of Legislative Body) JULY 10 „..,,,..19..8:. and on ........................................ a approved by the ..........SUPERVISOR ..................... Elective Chief Executive Officer and was deemed duly adopted on ...............JULY 10........................19..8:. in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I here -by certify that the local law annexed hereto, designated as local law No. .................. of 19.......... County of the Cityof...................................... was duly passed by the .......... .................. "1 Own . ....(Name of Legislative Body)... ................. Village not disapproved on...................................................19........ and was approved by tile............................................................... repassed after disapproval Elective Chief IjXacutive 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 appli- ann ual 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 City ofthe Town of ...................................... was duly passed by the................................................................................on (Name of Legislative Body) Village not disapproved ...................................................... 19........ and was approved by the .........................................................oil 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 l IWAtive body, the mayor of a city or vdiage or the supervisor of s town, nrbM mich offim is re W Frith pow to approve (w veto local laws or ordiwuuxs. Page 13 5. (City local law concerning Churter revision proposed by petition.) I hereby- certlf) that the local law annexed hereto, designated as local law No. .................... o ........ of the City of.......................................................................... having been submitted to referendum pursuant to the � rovisiu s of § 36 of the 1lunici ,al Home Rule Law,and having r received the affirmative vote of a majority 1. u § 3? i of the qualified electurs of such city voting thereon at the specialgeneral election held on .................................. ................19 ............ became operative. 6. (County local law concerning adoption of Charter.) 1 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 Home Rule La -w, 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 app: opriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............................ above. Clerk of the County legislative body, City Town or Village Clolk or offim designated by local legislative body Date: my lo, 1984 (Seal) (Certification to be executed by County Attorney, Corporation ('Jounsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STA`I'1: OF NEW YQIIK T()Mi'KZNS COUNTY OF,*.* 1, Lite undersigned, hereby certify that the foregoing local law contains the correct text and that all P, P PK ro er proceedings have been had or taken for the enacf/f9e Ioc aw annexed hereto. . ' C ! '1w,A , . TA YLG R A JMMaY.......... Signature TOWN A'. P aYS �R "TAIN�ED� ........ .... ................. This Date: JULY lo, 1984 Page 14 (XKWy VU f of ........GROT..ON ..... ............................. ..... . Town