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HomeMy WebLinkAbout2011 #1New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing wAlbany. NY 12231-0001 ww.dos.state.ny.us/corps (Use this form to file a 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. L E U -)0fj[)S ❑County ❑City Ox Town ❑Village s (Select one:) of Groton aep X011 Local Law No. 1 of the year 20,MOM, 11 A local law entitled The Town of Groton Land Use and Development Code of 2011 (Insert Title) Be it enacted by the Town Board (Name of Legislative Body) [_]County ❑City [Town ❑Village (Select one:) of Groton, New York See attached of the as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -0239 -f -I (Rev. 02/10) Page 2 of 4 Town of Groton Land Use & Development Code of 2011 Table of Contents ......................................................................................................................................................................................................................................................................................................................................................................................................................... Article 1: Introduction Section 100. Legislative Authority 1 Section 101. Title ......................................................... ............................. .... ............. ......_.........._..................................................................................-...................._................................................................................................................................. Declaration of Policy_M__.._._. 1__ S..... 10. Planning Basis ......... . Section 202. 1 ......ection............... . ....... ...2. Section 103. Interpretation ------- 1 Section 104..................... Conformance with New Yor. State........ Law 2 . Section 105 ........k ......... ... I Severability ............................._.. 19 . 2 Section10...................................... Effective 2 ..................6. Section 107. ......... . ...........Date repeal .. 2 Section 108. Availability2 State Environmental Quality Review ................................................................................................................................................................................................................................................................................................................................................................................................................... Section 110. Nonconformance I .................................................. ......................................... 2 Section 111. Statement of Nonconformance Policy, 201 2 1- ____ NonI Lots..... of Recor..... ..........................................; � 3 _Section .............. . 1---.-12. Section113 ...... . ......con...... --formin. ......g . .........................d Nonconfo11 g Activities.............. __ 3 .................................. .......................Section 119 . .................... ...................rmin................ ..................................................................................................................................................................................................................................................................................... Use..... of CertI Words Classification as to Type of Subdivision Review Procedure 4 . . .Section120 . ....... ........................ ..........ain Definitions Figure 2-A . 5 . ............................................... .................Figures 1A & 16 22 16 Article 2: Land Subdivisi... ........ I on Regulations 111.1 ......................... ......................... Section 200. Purposes 17 i ...................... _.................................. 3 Section 201. ......................................................... ............................. .... ............. ......_.........._..................................................................................-...................._................................................................................................................................. Declaration of Policy_M__.._._. ..............................................; 17 ......... . Section 202. Appl................... an....... Legal Effect I 18 Section 203. -icability . ......d _ All Subdivisions .E 19 �...... ........ ... ......_.... .......... Section 204.Coordination ..... .. ...-..._.....,... ........._,...... .................,_.........._...........-..........-........,._...............,.................-.._,.....,.._...................--"--_.,..........._... .....,_......... with TompkinsCount Health De t ............................._.. 19 . Se................ 205. Referral to the Tompkins County Planning Dept 19 ...ction Section 206. _ . .......... ................__.._..M.__.._.._........... _...... Planning Board Use of Consultants .. _...._._ _..................__ i 19 Section 207. State Environmental Quality Review 19 ......................................................................................................... Section 208. __ __ _........................._.............._ _... _ _ ..................... ,__......-.......W.........._........._..._.....,..-.._..__............._w...,v............_...__,................_ Reimbursable Costs. .....,..._......................� 201 ................................................................................................ Section 209. ....... .............................................................................................................................................................................................................................................................................................. Pla R vi w f t e e o Un v l1 de e o ed Subdivisions...................................................................................................................................................................... p ..........................................; 20 Section 210. I ................................................................................................................................................................ Initiation of Subdivision Review: Submission of a Sketch Plat 20 ............................................................................................................................................................................................................................................................................................. Section 211 Classification as to Type of Subdivision Review Procedure 21 Figure 2-A . _Subdivision Classification Procedure Chart 22 Section 220. ................................................................................................................................................................................................... .. .... ._.. _ _ . _...__...._....._..................._..........--- .. ,._............_..... ......._......,...._. Minor Subdivision - Review Procedure23 _..._...._.w...... .......... 1 Section 230. ........................ .......................................................................................................... I ................................................................................................................................................. Major Subdivision Lev-ReviewProcedure .......................................... ................_.................. Section 240.Mayor Section 260. . ._..................... ... ................ ...... Subdivision -Level 2 -Review Procedure Cluster Development _.....__.. ....___...... .. 27 35 .._.........__w._..-..�..�_.............. Section 261. ........................................................w..._......................._.......................,.................I................_......_ �M_...__ _.m....�..___..._._m _._ _ � _ .� _w � _ � � � Manufactured Home Parks _.. � . 37 Section 270. ...,........,,._..........................................__ _.... _....___.............__.__....,W... __..._.__ ...___....._._.._......._W_ .... _._ ._. ...._...._...._.__._..._._.. Design Standards For Subdivisions _.,.....__. _...................: 43 Section 271. .............................................................................................................................................................................................................................................................................................................................................. General Considerations 43 ................................................................................................................................................................................................................... Section 272. Street Layout 43 Section 273. .............._........ Street Design 45 Section 274. _ _ _.-..__..._..__..,._. ___....._..._,.._...._w ............. _.....__ ._.._.... _ . __ ..,.............._.... ......_......_.....,................_._..........._..............._.....: Street Names 47 Section 275. ........................................_.. _................_ .. _ ........ ......... ....._... ....._.. _......_.....,......W._....,......,.......,..........._.,.......__..,..................,..f Lots 47 ..................................................................................................................................................................................................... Section 276 . ...................................................................................................................................................................................................................................................: Fla. .......g Lots .. .......... ..... ..-,.._._ ......... ......_ 48 Section 277. ._._._.._..__...____..-..____.............__.._...---___._..._._. _................. .............._... ..____......................_.___........__._........_.......„..............,............. Drainaqe Improvements ..._....�....__.........,....... 49 Town of Groton Land Use & Development Code of 2011 Table of Contents .................... _ _............................................................ _ _ __............. I .............. _.__.................................................................................................................................................... Section 278. Parks, Open Spaces, and Natural Features ...........__ _............................................._........................_.............................................................__............................................................................... Section 280. Waivers of Certain Required Improvements Land Use Activities &Table .. .. ...... .. .... .................. »»... _ _.._»__.._»._.. W_._......_....._._.._.... »..._». r Article 3. Land Use Regulations ............ -1...... ......... _ ......._ . _. »....»...._..»_..W. _...._�.»...__..»....» ....»Section..._300..........Purposes .................................................................................................................................................................. Section 301. Development and Occupancy .............. . .......... Section 302. Land Use Activities .....Sectio.n..._303...........R�g.h.t....to Farm_. ............... .......... ........... ........__................... _....... ........................................ _. --- Section 304. ........................................................................................................................................................................................................................................................................................................ Health Department Approval Section 3.05.... Sew ers.......................................... .....................................................Anticipation....................................................................of....... Section 306. ......................... ....................................... ............................ Mixed Use of Lots Section 307. Yard Requirements _ Section 308. ..._.. Clear Vision Area ................................................. Section.... 309.........H.e.!ght... _ . _ __..............................»_ Limits ....Exemptio.n................................................................................. Section 310. . . ..........................................................._......_---..........................__.................................. Rubbish, Junk and Vehicles _. .... _............................ -......._...._........................_.............. ..-....._........_.........w. ........ Section 311. Fuel Tanks .......................__.........._................-..I......._..._........ Section 312. _._.._-.........m-......................_....... _.... ......_..... . _---_.....»_........». _.. -... ........ �_.......-.._._ _ _......_-........ Street Numbers Section 313. Porches, Patios and Decks }..._......_....» Section 314. ...... ............._.....................».._...._........................................... .._..__..... ....... ..._...............»..._ _.. _..... Fences and Walls ....................................................................11 Section 315. ............ ........... ___......................................................................................................_...__ ........................................................................................................................................................................................ Excavations, Abandoned Construction, ............................................................................................................................................. Section 316. Unsafe Structures Section 317........ . ................ ....... ......._.......... Disability Ramps ......_.... v_. ........ ........ ...».».».._ _.....». Section 330. j.................................................................................. Establishment of Districts Section 331. ........................................................................................................................................._....».........-_..-...__...-...._....»»»._._.»..»......»..»-...» Basic Districts .................................................................................................................................................................................................................................................................................................. M Section 332. ............................................................................................................................................................ Flood Hazard Area Combining District: _ .............. ....._..._._. _ ...._..__.._ Section 333. Planned Unit Development: (PUD) Sec..................... --tion .......... . . ...........334 Inter. ....... pretation o. ........ ........ ___f the.......... ...... Zoning Map Section 335 .............. .......... Town of Grot. ..on Zoning Map Section 340. District Regulations Section 341. Land Use Activities &Table .................................... 342. ...................................... I ...................................................................Section Rural Agricultural District_(RA�_ ;Section 343. Low Inten.... ­­­' . ............ .............. ......sity District (. ........................L) Section 344. Medium Intensity One............................... ............ ................................................................................................. District (M1) _ .Section 345. ,Medium Int. ..........................ensity Two District (M2) Section 346 Highway Commercial/Industrial District Section 347. Industrial One District 11 Section .... ......... ...................348. ... .. ..Sectio................. Industrial Tw............. ............. ........................................... ...o Distr........... .......... -ict X12) In 360 .. ........................ Off Street Parkin..................................................................................................... I ........................g Regulations . ................ I .......................................................................... Section 361. .. ... ... ... ..... -.................... Signs ......................................................................................................................................................................................... Section362. Outdoor Lighting u :Section 36.......... Buffer Areas .1.3. Section 364. .... ................Commercial .................... E.................. ...................... ­­ ....... ................... .xcava.................. . .......tion Operations.............. _ Section365. I .............................................................._ Elder Cotta.................... I ............................................ge............... and Destroyed Structures H ................................................................................................................................................................................................................................. Section 366. Non -Commercial Solar Energy Collecting Fixtures ................................................. Section 367. Non -Commercial Wind Powered Electricity Generator 52...... 52..... 52 5.3 _ 53 .................... : ..5.3..... 54 .................... 54 54 .54..... 54 ....... ............ 54 55 55 55 ....................: 55 ............. 56 58 58 58 E .................: 58 .......... . 59 59 60 ................ 61 ................... 64 65 66 67 68 69 70 71 ` ................... 72 ................... s 74 74 ...._.......... . 74..._ 76 ...................: 79 ................ 80 Town of Groton Land Use & Development Code of 2011 Table of Contents Section 368. Outdoor Wood Boilers81 z.. Section 369. ......................................................................................................_...........................................................................---...................................................... Roadside Stands 81 3 Section 370. ; Sawmills 82 ........................................................ Section 371. ....................................................................................... ._.................................... _............................................................................... ............................................................................................................................................................... Self -Storage Facilities 82 3 Section 37 Accessory Storage Structures.........................y.........................g......................................................................._.__ . 102 .. Section 373. _...w,..._.._.....----_.._......... Portable Tent Structures .........................._........_ _..w...._..._..__......._.... ._......._ ..._ 82 ;........................................................................ Section 374. . _ Sexually tBusinesses Oriented Busin s ......................................................................................... 83 Section_....3....... I75........Telecommunications Facility _____.._......._ _.__.._.....�____.._._.._.........__�_..._......._. T�__..__.__... . ...............8.5_. Section 376. __._._.____...._ ___.._ Junkyards 92 Section 377. _ _ . W� _ Mass Gatherings_ r _m 94 ............................................................I.......... Section 378. ........... ........... _ _�. _._ _...._.__._W_._ _....__ _._._..._r..,................_.._....._....._ ...... _ Fireworks ..... _..................... __._._........................... ... ....... _Y................................... 1 99 Article 4. Procedures and Rules .................................................................................................................................................................................................................................................._..................._..........................................._........._............................................................................................................................................................................... Section 400 Purposes 102 Section 401. Code Enforcement Section 402. Violations and Penalties . 102 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Section 403. Permits 103 ....... Section 404. _..... _ ........ -...................................................................................._................................................................................................................._..._ ..._......_..__.._m_.._....�._....__..................._: Certificate of Occupancy or Certificate of Completion 104 3 Section 405. Letter of Conformance 1y04 1 r._ Section 406. Fees 104 .......__...............___...,.W._...__.._.._W_. Section 407. _ __.. ..... _,_.._._...._._..._._._._........._.....-............_....__............_ ._... Approval of Tompkins County Health Department 105 ........................... Section 408. i....................................................................................................................................................................................................................................................................................................................................................................................................................._........................................................................... .......................................................................................................................................... _............................................................................................................................................................................. Referral to County Planning Department 105 1 ....: Section 410. Am.. to this Code 106 } . .. .. .. .. ... . ..endments . ....... ........ . ........ ........ Section 421. ............_.... ._...._._.._v..._ ._._.....__....._...._... _.. _ ........___.. _-_--_-- _.....__ _......__._._-___._. Appeals and Variances 108 Section 440.Site ............................................................. Plan Review / Planning Board ...................................................................................................................................................................................................................................................................................................................................................................................................... 114 1 442..... S............... Special Perm...t._......... 2.3.._. 1 . .....ection ... Section 443. 3 ....................... . ................................................ . ...Review.._.__.....___....._...___....._... __.w....._._ ......_..._.....n ......... .....__............._..._ ....�....._.. �.._._......_............._..........__.._.� Planned Unit Development ...__..m_.__...._._....__. ^�. 129 1 i A endices_ p p _ E ..................... ..................................................................................................................................................................................................................................; A135 endix A - Administration & Enforcement of NYSUFP&BC ............................................................................. .. ................................. ................................................................................................................................. 135 Appendix B - Items excluded from County review under GML Sect 239 (I&m) 150 s........................................................................................................................................................................................................................................................................................ Appendix C - to Farm Law 151 i. Appendix D - .... ...... _Right Ag&Markets Law..Article 2 AASection 301 ................................................... ............................ ...._........._.._....._..._._._............,................................. ..............._........ i �52 ....�i Appendix E, - Flood Damage Prevention Law & Flood Insurance Rate Map (FIRM) 157 Town of Groton Land Use & Development Code of 2011 Article 1: Introduction Section 100. Legislative Authority This Local Law is enacted by the Town Board of the Town of Groton, New York pursuant to Chapter 62, Articles 9 and 16 of New York State Town Law and Article 2 of the New York State Municipal Home Rule Law and all amendments thereto. To the extent that any provisions of this Local Law are inconsistent with New York State Town Law, Chapter 62 of the Consolidated Laws, Article 16, Sections 261 through 268, 274-a and 281, the Town Board of the Town of Groton hereby declares its intent to supersede those Sections of New York State Town Law, pursuant to its home rule powers under Municipal Home Rule Law, Article 2, Section 10. Section 101. Title The title of this Local Law is the Town of Groton Land Use and Development Code of 2011, herein referred to as this Code. Section 102. Planning Basis This Code and each of its parts are enacted for the purpose of promoting the health, safety, and general welfare of the citizens of Groton through use of the powers granted the Town by the State of New York, and to that end this Code is made in accordance with a Comprehensive Plan for the development of the community. The Comprehensive Plan is not to be understood as law, but as a guideline for the coherent approach to the development of the human, economic, and environmental resources of the community in the present and the near future. The primary responsibility for implementing, reviewing and updating this Code rests with the Town Board. Ultimately the responsibility for the effectiveness of this Code rests with all the citizens of the Town of Groton. Section 103. Interpretation In the interpretation and application, the provisions of this Code shall be held to be minimum requirements necessary to accomplish the purpose of this 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, Custer Development, Site Plan, Special Permit, 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 this 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. Town of Groton Land Use & Development Code of 2011 Section 104. Conformance with New York State Law In addition to the provisions in this Code, applicants must adhere to all pertinent New York State Laws. If any New York State Law referenced in this Code is amended, the amended Law shall replace the section or sections of this Code where the Law is referenced. Section 105. Severability Should any section or provision of this Code contained herein or as amended hereafter be declared by a of competent jurisdiction to be invalid, such decision shall not affect the validity of this Code as a whole or any part thereof other than the part so declared to be invalid. Section 106. Effective Date This Code shall be in force and effect immediately upon adoption and filing with the Secretary of State. Section 107. Repeal Upon the effective date of this Code, it shall repeal and supersede all previous and existing Town of Groton Land Use and Development Codes and all amendments thereto. In addition, it shall supersede the Town of Groton Land Subdivision Regulations of 1970, the Town of Groton Junk Yard Ordinance of 1970, The Town of Groton Zoning Ordinance of 1972, Town of Groton Mobile Home Ordinance of 1988, the Town of Groton Swimming Pool Ordinance of 1972, and the Unsafe Building Law of 1978. Section 108. Availability Copies of this Code are available for inspection at the office of the Town Clerk and on the Town of Groton website, www.townofgrotonny.org. Printed copies and CDs may be purchased from the Town Clerk. Section 109: reserved. Section 110. Nonconformance Except as provided for elsewhere in this Code, any use of land or building or part thereof, legally existing at the time this Code becomes effective, may be continued, although such building or use does not conform to the provisions of this Code, as a legal nonconforming use. (This is commonly referred to as "grandfathering".) Refer to Sections 111-113 for further clarification. Section 111. Statement of Nonconformance Policy It is the intent of this Code to permit these nonconforming lots, buildings, and land uses to continue under most circumstances, but not to encourage their continuance. 2 Town of Groton Land Use & Development Code of 2011 Nonconforming lots, buildings and land uses are declared by this Code to be incompatible with the permitted activities in the Zoning Districts involved. It is the further intent of this Code that nonconforming lots, buildings, and land uses are not to be enlarged upon, expanded, or used as grounds for adding other activities prohibited elsewhere in the same Zoning District. To avoid undue hardship, nothing in this Code requires a change in the plans, construction, or designated use of any structure for which a valid Building Permit has been issued and on which 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 a permanent position and fastened in a permanent manner, except that where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, the demolition is to be considered actual construction, provided that the work is diligently carried on with a valid Demolition Permit. Section 112. Nonconforming Lots of Record A nonconforming lot is an existing lot of record which has one or more dimensions (frontage, width, depth, or area) which is less than the minimum lot dimensions prescribed in this Code for the Zoning District where it is located. In any Zoning District in which single-family residences are permitted, notwithstanding limitations imposed by other provisions of this Code, a single-family residence, an addition to an existing single-family residence, and accessory structures may be erected on any nonconforming lot of record if the following conditions are met- a. The lot must not have contiguous frontage or lot lines in common with other lots in the same ownership. If there are two or more lots of record in single ownership having continuous frontage or lot lines in common at the time of passage or amendment of this Code and all the lots are nonconforming, the land shall be consolidated through Boundary Line Change approval of the Planning Board before any Building Permit is issued. Any such lots shall not be combined or divided in such a way as to leave a lot or lots with less than required dimensions for the Zoning District in which they are located. b. The minimum yard dimensions and other requirements not involving lot area or frontage conform to the regulations. Variance of yard requirements may be obtained only through appeal to the Zoning Board of Appeals. c. The applicant must receive the Tompkins County Health Department's approval, if required, for the development of a nonconforming lot. Section 113. Nonconforming Activities 113.1 Uses in structures that do not conform to the permitted uses listed in this Code for the Zoning District in which the structure is located may be continued, and regular maintenance and repair may be done, subject to the following provisions - 3 Town of Groton Land Use & Development Code of 2011 a. The nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but the use may not be extended to occupy any land outside the structure. b. No structure devoted to a nonconforming use may be enlarged, extended, reconstructed, moved, or structurally altered so long as the nonconforming use remains. c. When the nonconforming use is superseded by a permitted use, the nonconforming use may not thereafter be resumed. d. When a nonconforming use is abandoned through deliberate, voluntary, and actual cessation of use for 12 consecutive months, the structure and lot may not thereafter be used except in conformance with these regulations. e. Where the nonconforming use occupies a structure and lot in combination, termination of the nonconforming use in the structure, for whatever reason, must be accompanied by termination of the nonconforming use on the lot as well. 113.2 Uses that are not in structures, which are nonconforming as to activity type, may be continued, subject to the following provisions: a. The nonconforming activity may not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code. b. The nonconforming activity may not be moved in whole or in part to any other portion of the lot. c. If the nonconforming activity ceases for any reason for a period of more than 12 months, any subsequent activity on the lot must be a permitted activity. Sections 114-118: reserved. Section 119. Use of Certain Words For the purpose of this Code, unless the context requires otherwise: a. words used in the present tense include the future, b. the singular number includes the plural and the plural the singular, c. the word "shall" means that you must; d the word "occupied" includes the words "designed or intended to be occupied;" e the word "used" includes the words " arranged, designed, or intended to be used." 4 Town of Groton Land Use & Development Code of 2011 Section 120. Definitions Accessory Apartment: A dwelling unit permanently attached to an owner -occupied single-family dwelling, which is subordinate to the principal residential use in terms of size and appearance. Accessory Building: A building, the use of which is incidental to that of the principal building, and which is located on the same lot. Accessory Structure: A structure other than a building, the use of which is incidental to that of the principal building, and which is attached thereto or is located on the same lot. Adult Care, Home: An accessory use of a residence for the care, protection and supervision, for fee, of not more than six elderly or disabled adults for part of a 24-hour day by a resident of the dwelling. Such care to include personal assistance, development of skills for daily living and opportunities for social contact. Adult Care, Group: An accessory use of a residence for the care, protection and supervision, for fee, at least twice a week, of more than six but not more than twelve adults at any time by a resident of the dwelling, such care to include personal assistance, development of skills for daily living and opportunities for social contact. Adult Care, Center: A facility for the care, protection and supervision, for fee, of elderly or disabled adults for part of a 24-hour day. Such care to include personal assistance, development of skills for the daily living and opportunities for social contact. Agriculture/Farming: The use of land, buildings, structures, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a commercial horse boarding operation, as defined in Agriculture and Markets Law, Article 25 AA, § 301 (Included as Appendix D). Agricultural Commerce: A retail enterprise providing services or products principally utilized in agricultural production, including, but not limited to, structures, agricultural equipment, agricultural equipment parts, batteries, tires, repairs, livestock, feed, seed, and fertilizer or providing for the retail sale of agricultural, dairy, or horticultural products. Apartment: A dwelling unit in a building containing other dwelling units or nonresidential uses. Area of Special Flood Hazard: The land in a floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al -99, V, VO, VE, OR V1-30. It is also commonly referred to as the base floodplain or 100 -year floodplain. Auction Establishment: Public sale of property or merchandise that is sold to the highest bidder. There shall be no exterior accumulation of unsold items. 5 Town of Groton Land Use & Development Code of 2011 Basement: That portion of the building that is located partly or completely below the finished grade. Bed and Breakfast Dwelling: An owner -occupied residence resulting from a conversion of a one -family dwelling, used for providing overnight accommodations and a morning meal to not more than ten transient lodgers and containing not more than five bedrooms for such lodgers. Boundary Change: Realignment of boundary lines between lots so as to transfer land from one lot to an adjacent lot; or separation of noncontiguous lots (e.g. lots bisected by public rights-of-way) into separate lots of record without new boundary alignment. Building: Any structure used or intended for supporting or sheltering any use or occupancy. Building Line: The line established by law, beyond which a building shall not extend except as specifically provided by law. Campground, Private: Any parcel of land where more than one, but not more than five recreational tent sites, shelters, recreational trailer or vehicle sites, or other accommodations of a design or character suitable for recreational living purposes have been developed and provided for use by the owner of the land and their guests on a seasonal or other transient basis, and occupied for not more than 90 days in any 365 days. Campground, Public: Any parcel of land where two or more recreational cabins, tent sites, shelters, recreational trailer or vehicle sites or other accommodations of a design or character suitable for recreational living purposes on a seasonal or other transient basis have been developed and provided for fee to the general public or for recreational, educational, fraternal, religious, social or business related use of a business or organization. Child Care, Home: An accessory use of a residence for the care, protection and supervision, for fee, for part of a 24-hour day of not more than six children at any one time by a resident of a dwelling. Child Care, Group: An accessory use of a residence for the care, protection and supervision, for fee, for part of a 24-hour day of more than six but not more than twelve children at any one time by a resident of a dwelling. Child Care, Center: A facility for the care, protection and supervision of children, for fee, for part of a 24-hour day. Cluster Subdivision: A subdivision of land in which lots are smaller than the minimum size permitted within the applicable Zoning District, but in which the number of lots does not exceed the number permitted within said district. The total number of lots permitted on a particular parcel of land is placed on a portion of the parcel, and the remaining area D Town of Groton Land Use & Development Code of 2011 is maintained as permanent open space. Cluster Subdivisions are permitted in the RA, L, and M1 districts. Cluster subdivisions require Town Board approval. Code: Unless otherwise indicated, the term Code means the Town of Groton Land Use and Development Code of 2009 or any part thereof. Collector Street: A street which serves or is designed to serve as a traffic -way for a neighborhood or as a feeder to a major street. Comprehensive Plan: A plan, prepared pursuant to Section 272-a of the New York State 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. Commercial Excavation: The excavation of sand, gravel, rock and other mineral resources. The preparation and processing of these resources, including, h .:t not limited to, washing, cleaning, crushing, stockpiling or other processing at the mine location that makes the material suitable for wholesale or retail c le. Commercial Recreation: Amusement or entertainment activities conducted either indoors or outdoors for the purpose of financial gain. Community Center: A building used for recreational, social, educational and cultural activities, usually owned and operated by a public or nonprofit group or agency. Corner Lot: A lot having frontage on two streets where they intersect (see Figure 1-A). Dead -End Street or Cul-de-sac: A street or a portion of a street with only one vehicular outlet. Design Fall Zone: The area in the immediate vicinity of any pole, tower, pylon or antenna structure, as determined by a Design Professional, within which the structure is designed to fall should it suffer a structure failure. Double (or Multiple) Frontage Lot: A lot having frontage on two (or more) streets at points other than where they intersect (see Figure 1-A). Total front of 150 feet shall meet frontage requirements for a buildable lot. Dwelling: Any building that contains one or two dwelling units intended to be occupied for living purposes. Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 7 Town of Groton Land Use & Development Code of 2011 Easement: A strip of land over which a party has some legal rights short of ownership, including, but not limited to, an access easement, a driveway to an interior lot, a utility easement, a strip of land along which runs a utility or overhead power transmission line. Elder Cottage: A small, self-contained and removable dwelling, accessory to and on the same lot as a principal dwelling, for the use of, and occupied by, a person who is related by blood, marriage or adoption to an occupant of the principal dwelling and is either elderly or unable to live independently due to physical or developmental disability. Family: a. A group of individuals related by blood, marriage or adoption, including foster children, or b. A group of individuals who have an established domestic relationship that is the functional equivalent of a traditional family as evidenced by living as a single housekeeping unit and having a stable rather than transient living arrangement. Final Plat: A drawing in final form, showing a proposed subdivision containing all information and detail required by law and by this Code. Flag Lot, Commercial: A flag -shaped lot created on which to locate a commercial enterprise, with its widest area set back some distance from a public road, and having a strip of land connecting to the road to provide legal access and being at least 60 feet in width to allow for the possibility that this access might become a public road in the future. (see Figure 1-A). (Requires subdivision review.) Flag Lot, Residential: A flag -shaped lot with its widest area set back some distance from a public road and having a thin strip of land connecting to the road to provide legal access (see Figure 1-A). (Requires subdivision review.) Flagpole: That portion of a flag lot extending from the buildable area of the lot to the public road and which is not included in the calculation of lot area, but which may serve as access to the lot. Freight Trucking Enterprise: A business enterprise (not part of an agricultural operation as defined under Agriculture & Markets Law Article 25AA) engaged in the transportation by truck, for fee, of raw materials and goods produced by persons or entities other than the truck owner and including necessary auxiliary facilities such as offices and vehicle maintenance, repair, refueling, parking and storage facilities Frontage: That portion of any parcel boundary that is adjacent to any public right-of-way. For the purpose of this Code the total of all frontages of a particular parcel can be combined and shall be considered the frontage. Grade: The ground level immediately adjacent to any building or structure. Where buildings or structures do not sit on level ground, the Code Enforcement Officer shall determine the average ground level. Town of Groton Land Use & Development Code of 2011 Green Energy: Electricity generated from renewable energy sources such as solar, wind, biomass and hydropower. Group: Any number of persons occupying group quarters or six or more unrelated persons occupying a dwelling unit. Group Quarters: A structure in which parts of the living accommodations, such as sleeping, studying and bathroom accommodations, may be discreet units and parts, such as kitchen, dining and recreational, and other facilities may be shared amongst the residents, including, but not limited, to barracks, dormitories, group homes, monasteries and prisons. Height: The vertical distance from lowest point of the finished grade, as determined by the Code Enforcement Officer, in contact with the building or structure to the highest point of said building or structure, excluding chimneys and other minor projections. High Density Housing: More than six dwelling units on any lot or contiguous lots of the same ownership. (Requires Town Board Special Permit Approval.) Home Occupation: An accessory activity carried on for financial gain of one or more residents of a dwelling, which is clearly incidental and subordinate to the primary use of a residential property; does not affect the use of the property for residential purposes; and does not alter the residential character of the property. Interior Lot: A lot which has no frontage on any public street. Interior Lot Line: All those lot lines other than the frontage or street line. Junkyard: The outdoor storage or deposit of any of the following: a. More than one junk motor vehicle b. One or more junk mobile/manufactured homes that are no longer inhabited and/or no longer habitable under the New York Sate Uniform Fire Prevention and Building Code. This includes, but is not limited to, travel trailers and campers. c. Three or more abandoned or inoperable appliances, including, but not limited to, washers, dryers, dishwashers, stoves, refrigerators, freezers, hot water heaters, grills and other items of scrap metal. d. Any combination of the above that totals more than five items. Junk Motor Vehicle: An unregistered, unlicensed, or uninspected motor vehicle, no longer intended or in condition for legal use on the public highways; a vehicle that is either abandoned, wrecked, stored, discarded, dismantled, or partly dismantled; or the used parts or waste material from motor vehicles. X Town of Groton Land Use & Development Code of 2011 Landing Strip/Heliport: A portion of a parcel developed and maintained for the taking off and landing of single engine aircraft owned, rented or leased by the owner or lessee of the premises and his/her guests, including, but not limited to, auxiliary facilities such as hangars, tie -downs, fuel dispensing equipment and meteorological equipment, but excluding lighting to illuminate runways and any other lighting installed for the purpose of guiding aircraft on the ground or in flight. Light Industry: An industrial and/or manufacturing establishment specializing in manufacture of finished products of parts including, but not limited to, processing or fabrication, assembly, treatment, packaging, incidental storage, or sales and distribution of such products; which does not produce a high volume of polluting waste; and is compatible with other uses of the district. Lot: A portion of land bounded and described by a deed or proposed to be created through the subdivision of an existing lot. Lot Area: The area of a lot, measured in square feet and/or acres, excluding any portion of a public or private right-of-way that may be included in the deed description of said lot. Lot Coverage: The portion of a lot that is covered by an impermeable surface. Lot Depth: The distance from the front lot line to the rear lot line of a parcel measured in a straight line extending from and perpendicular to the front lot line. Lot Line: The boundary line of a lot. Lot Line, Front: The lot line or lines of a parcel of land that are a. adjacent to a right-of-way of a public or private street, or b. in the case of a flag lot or interior lot, approximately parallel to the nearest right-of- way of a public or private street as determined by the Code Enforcement Officer. Lot Line, Rear: The lot line or lines of a parcel of land on the opposite side of the parcel from a font lot line or lines. (Or as determined by the Code Enforcement Officer) Lot Line, Side: Any lot line or lines that is not a front or rear lot line. Lot of Record: A lot for which there is a map on file in the Tompkins 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. Major Subdivision - Level 1: Subdivision of land that results in six or more lots, which does not involve new public rights-of-way, utility extensions, or other new public facilities. See Section 211, Figure 2A for further classification criteria. 10 Town of Groton Land Use & Development Code of 2011 Major Subdivision - Level 2: Subdivision of land that results in six or more lots, which does involve either new public rights-of-way, utility extensions, or other new public facilities. Any other subdivision which deviates from this Code, the Zoning Map, or other Town Comprehensive Plan will generally be considered a Major Subdivision - Level 2. See Section 211, Figure 2A for further classification criteria. Manufactured Home: A factory -manufactured dwelling unit build on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one or more sections, which in the traveling mode, is 8 feet or more in width or 40 feet or more in length, or, when erected on site is 320 square feet minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled or tow -behind recreational vehicle. Manufactured Home Park: A parcel of land that has been improved for the purpose of renting or leasing sites for the placement of manufactured homes and which may also include related accessory facilities for the use of residents and their guests. (Requires Town Board Special Permit approval.) Mass Gathering: Any outdoor assemblage or gathering of people at a public or private event of a temporary nature, whether or not any charge is made either to participants or spectators, however, such term, "mass gathering," shall not include any activity having fewer than 350 people in attendance. Minor Subdivision: Subdivision of land that results in two to five total lots. See Section 211, Figure 2A for further classification criteria. Nonconforming Use: A building or use of land existing on the date of enactment of this Code which does not comply with the permitted use, set -back, height, yard or other regulations of the Zoning District in which said building or use is located. Notice: The Board members and the staff of the Town of Groton shall give notice of Public Hearings as indicated in this Code. The number of days notice required shall be defined as the number of calendar days. The day of the said hearing shall not be included in the count of days. Planned Unit Development: A diversified development project, which does not fit the basic Zoning 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 Zoning District 11 Town of Groton Land Use & Development Code of 2011 regulations in this Code. The Planned Unit Development requirements and procedure are found in Section 443. Portable Accessory Storage Structure: A structure or container designed and intended for the shipping or storage of goods which is brought onto a property as a self-contained unit and used as storage by a resident or business located on the premises. Portable Accessory Storage Structures do not include motorized vehicles originally intended for driving or old mobile/manufactured homes. Portable Tent Structure: A structure commonly purchased at a retail store with the intent to be used as a temporary one -car garage, storage or similar shelter. Portable tent structures usually have a framing made of metal or plastic pipe and an attached canvas or plastic tarp -like covering, but may be constructed of other materials. Preliminary Plat: A drawing, clearly marked "Preliminary Plat," showing the features of a proposed subdivision. Principal Building: The building or group of buildings in which the activity on the lot is concentrated; generally the largest, most valuable, and most conspicuous building or buildings on the lot. Principal Frontage: On lots with two or more frontages, the frontage considered as the main access to the lot. Professional Office: A place of business of a duly licensed professional(s). Public Utility: One or more persons or corporations and their physical plant(s) and appurtenances all of which are subject to the jurisdiction of the Public Service Commission of the State of New York. Recreational Club: A building, facility and/or lands owned and maintained by a membership organization for the purpose of providing outdoor and/or indoor recreational opportunities for members and their guests. Recreational Cabin: A residential building containing a rooming unit or a dwelling unit, not exceeding 300 square feet, built for the purpose of temporary occupancy on a transient basis. Retail Services: A business occupancy which including, but not limited to, the use of a building or structure or a portion thereof for office, professional, or service type transactions, including storage of records and accounts. Retail Store: Any building or structure in which one or more articles or merchandise are sold at retail to the general public and rendering services incidental to the sale of such goods. 12 Town of Groton Land Use & Development Code of 2011 Roadside Stand: A temporary structure for a resident of the property to sell seasonal produce and goods that have been grown or made on premises, for a period of time not to exceed 90 days in any calendar year. Rooming Unit: A dwelling unit without a kitchen. Sawmill, Industrial: A facility constructed for the processing of timber logs into forestry products on a full-time basis, including retail sales of products produced on the premises. Sawmill, Non -Industrial: A facility constructed for the processing of timber logs into forestry products on a part-time basis, including retail sales of products produced on the premises. Secondary Frontage: On lots with two or more frontages, all those frontages other than the principal frontage. Self -Storage Facility: A multi -unit structure designed to be used for storage where individual units are rented to the public Sexual Anatomical Areas: Less than completely covered and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and human male genitals in a discernible turgid state even if completely and opaquely covered. Sexually Oriented Business: Shall be defined as and include the following a. an adult arcade where, for any form of consideration one or more motion picture projectors, slide projectors, digital projectors or similar machines are used to show films, motion pictures, video cassettes, slides or other film, analog or digital photographic reproductions which are characterized by emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined in this Code; or b. an adult bookstore having a substantial or significant portion (25% or more of merchandise in number, value or bulk and/or 10% or more of floor area) of its stock in trade and offers for sale, for any consideration, any of the following: i. books, magazines, periodicals or other printed matter or photographs, films motion pictures, video cassettes, slides or other film, analog or digital representations, which are characterized by emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined in this Code; or ii. devices, equipment, instruments or paraphernalia which are designed for use in connection with "specified sexual activities" as defined in this Code; or c. an adult cabaret, nightclub, bar, juice bar, restaurant or similar establishment which regularly features live performances characterized by "specified sexual activities" as defined in this Code, or films, motion pictures, video cassettes, slides or other film, analog or digital photographic reproductions which are characterized 13 Town of Groton Land Use & Development Code of 2011 by emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined in this Code; or d. an adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other film, analog or digital photographic reproductions are shown an in which a substantial portion of the total presentation time is devoted to the showing of material characterized by emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined in this Code; or e. an adult theater, concert hall, auditorium or similar establishment, which for any form of consideration, regularly features live performances characterized by the exposure of ""specified anatomical areas" as defined in this Code or by "specified sexual activities" as defined in this Code; or f. an adult video store where any explicit sexual films are sold and/or rented; or g. an escort agency or sexual encounter center where sexual services are provided to clientele; or h. a massage parlor where, for any form of consideration, i. massage, alcohol rub films, motion pictures, video cassettes, slides or other film, analog or digital photographic reproductions which are characterized by emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined in this Code; or ii. fomentation, electric or magnetic treatment or other manipulation of the human body is administered, unless done by a physician, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York, or except where massage or similar manipulation of the human body is offered as an incidental accessory service by an athletic club, health club, school, gymnasium, spa or similar establishment. Side Yard: The yard between each side building line and the side lot lines, extending from the front yard in a direction away from the principal and secondary frontages (see Figure 1-B). Sign: Any exterior device, object or building fagade, or portion thereof, which is used to advertise or call attention to a place, business, person, event, product or service offered. Sketch Plat: The first -stage submission to the Code Enforcement Officer, sufficient for the proposal to be classified as to type of review required. Special Permit: An authorization of a particular land use which may be permitted in a specified Zoning District but which may be subject to conditions imposed by the Town of Groton. Special Permit applications are reviewed by the Town Board_ 14 Town of Groton Land Use & Development Code of 2011 Specified Sexual Activities: Human genitals in a State of sexual stimulation or arousal, or acts of human masturbation, sexual intercourse, sodomy, nude dancing or lap dancing, or fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. Street: A term used interchangeably with road, avenue, lane, and highway, among others; a public right-of-way improved or intended to be improved for traffic. Street Line: A line dividing a lot from a public street right-of-way. Structure: That which is built or constructed. Subdivision: Division of a lot (divisions resulting in two (2) or more lots requires Town Planning Board review), 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 quasi -public rights-of-way) into separate lots of record without new boundary alignment. No distinction is made between subdivision and re -subdivision. Telecommunications Facility: Any commercial equipment used in connection with the provision of two-way wireless communication services, including cellular telephone services, personal communications services, and private radio communication services, regulated by the Federal Communications Commission in accordance with the Telecommunications Act of 1996 and other laws. A Telecommunications Facility shall include monopole, guyed or latticework towers, as well as antennas, switching stations, principal and accessory telecommunications equipment and supporting masts, wires, structures, and buildings. Temporary Building: A nonpermanent structure placed on a site during the construction phase. Variance: Written authority to deviate from any of the zoning regulations, said authority to be granted by the Zoning Board of Appeals in accordance with the provisions in Article 4. Yard: The part of a lot which is open to the sky and which lies between the building line and the lot line (see Figure 1-B). Yard, Front: That area of a lot extending a specified distance inward from, contiguous to and parallel to the front lot line or lines of any lot. Yard, Rear: That area of a lot extending a specified distance inward from, contiguous to and parallel to the rear lot line or lines of any lot. Yard, Side: That area of a lot extending a specified distance inward from, contiguous to and parallel to the side lot lines of any lot. Zoning District: An area of land, with precise boundaries, established for the purpose of regulating development. 15 Town of Groton Land Use & Development Code of 2011 Figure 1-A - Lots Public 'treet ....::. Figure 1-B -Yards F7 �:. ......... 1=���1ic:tret f ':I 16 A: Corner Lot B: Double Frontage Lot C: Residential Flag Lot D. Commercial Flag Lot A: Front Yard B: Side Yard C: Rear Yard — — — Setback Line j Buildable Area [ ! Of Lot Town of Groton Land Use & Development Code of 2011 Article 2: Land Subdivision Regulations Section 200. Purposes The purpose of this section is to provide rules, regulations, and standards to guide the orderly subdivision of land in the Town of Groton in order to promote the public health, safety, convenience, and general welfare of the Town. It shall be administered to insure the orderly growth and development, the conservation, protection and proper parceling of land, the adequate provision of services, and the safe movement of vehicles in the Town of G roto n. Section 201. Declaration of Policy 201.1 By the authority of the resolution of the Town Board of the Town of Groton and pursuant to the provisions of Article 16 of the New York State Town Law of the State of New York, the Planning Board of the Town of Groton is authorized and empowered to: a. Approve plats showing lots, blocks, or sites, with or without streets or highways, b. Approve the development of entirely or partially undeveloped plats already filed in the Office of the Tompkins County Clerk, and c. Amend the lot frontage requirements in a proposed subdivision only for the purpose of reducing the frontage of lots located along the turn -around area of a cul-de-sac, for permitting flag lots, or for lots located in a Cluster Development. Such an amendment must be in accordance with the considerations outlined in Section 201.2. 201.2 It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things: a. that land to be subdivided shall be of such character that it can be used safely for building purposes, b. that proper provision shall be made for drainage, water supply, sewerage, and other needed improvements, c. that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties, d. that the proposed streets shall 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 shall be acceptable to the Highway Superintendent, and e. that proper provision shall be made for open spaces for parks and playgrounds. 17 Town of Groton Land Use & Development Code of 2011 201.3 In order that land subdivisions may be made in accordance with this policy, these regulations have been adopted by the Planning Board and approved by the Town Board. Section 202. Applicability and Legal Effect 202.1 Applicability. These regulations apply to: a. all division of land into one or more Flag Lots or two or more total lots, whether new streets, public facilities, or utility extensions are involved or not, b. any Boundary Change (Boundary Changes fall under Minor Subdivision review procedures as provided for in Sections 220-224 of this Article). Furthermore, if a lot is created for the purpose of consolidation with another contiguous lot as part of any subdivision such lot shall be counted when classifying the subdivision type, and c. any other land transaction which requires filing of a plat with the Tompkins County Clerk. 202.2 Legal Effect: Land Use Regulations. Whenever any subdivision of land is proposed to be made, and: a. before any site modifications are made, and b. before any permit for the erection of a structure in such proposed subdivision is granted, The subdivider or a duly authorized agent must apply for in writing and receive approval of the proposed subdivision in accordance with this Code. 202.3 Legal Effect: Filing of Plats with Tompkins County Clerk. Before any plat of land in the Town of Groton is filed with the Tompkins County Clerk, the plat must be approved by the Town Planning Board in accordance with the procedures of this Article. This is a requirement of Section 279 of New York State Town Law. 202.4 Plat Void if Revised After Approval. No changes, erasures, modifications, or revisions shall be made in any Subdivision Plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board and the Board agrees to any modifications. In the event that any such Subdivision Plat is recorded without complying with this requirement, it may be considered null and void, and the Planning Board may institute proceedings to have the plat stricken from the records of the Tompkins County Clerk. 18 Town of Groton Land Use & Development Code of 2011 Section 203. All Subdivisions The types of subdivision presented herein are subject to the review and approval procedures described in this Article. Section 204. Coordination with Tompkins County Health Department The provisions of the Tompkins County Sanitary Code do not replace nor are they replaced by the provisions of these Land Subdivision Regulations. When a Sketch Plat is first reviewed by the Code Enforcement Officer and classified as to subdivision type, the Code Enforcement Officer may indicate to the subdivider the applicability of the Sanitary Code, however, the determination of applicability of the Sanitary Code is made by officers of the Tompkins County Health Department. Section 205. Referral to the Tompkins County Planning Department Pursuant to the "2004 Inter -governmental Agreement for Tompkins County Review of Local Zoning and Planning Actions Under New York State General Municipal Law" (this agreement shown in its entirety in Appendix B) the following subdivision applications shall be referred to the Tompkins County Planning Department for review: a. Residential subdivisions of five or more lots. b. Any subdivisions for commercial purposes. c. Subdivisions that involve new local roads or streets directly accessing a State or County road. d. Any subdivisions that does not comply with local zoning standards and/or the Tompkins County Sanitary Code requirements. When referral to Tompkins County Planning is required, no decision shall be made until a response has been received or a 30 -day timeframe for commenting has expired as provided by General Municipal Law Section 239 (1 and m). Section 206. Planning Board Use of Consultants and Services of County and Regional Planning Staff The Planning Board may choose, at any point in the subdivision review process, to retain consultants or refer to the County or regional planning staffs for review, comment, and advice on any aspect of the approval process, subdivision design, engineering specifications, or other pertinent matters. Section 207. State Environmental Quality Review Whenever the review of the New York State Environmental Assessment Form reveals that a full Environmental Review is required in accordance with the New York State 19 Town of Groton Land Use & Development Code of 2011 Environmental Quality Review Act (SEQRA), the Planning Board shall attempt to integrate, as appropriate, Subdivision review as required by this Section with the procedural requirements of SEQRA review. In the event that the procedures are not integrated, the time period for holding a Public Hearing on the subdivision application does not commence until a negative declaration has been adopted or a Drs::ift Environmental Impact Statement accepted as being sufficient to commence the public comment period. Section 208. Reimbursable Costs. Costs incurred by the Planning Board in connection with the review of a Subdivision Application shall be charged to the applicant. a. The cost of advertising fees for Public Hearings. b. Costs incurred by the Town of Groton for engineering, planning, legal and other necessary expenses for the purpose of reviewing any application. c. Costs incurred by the Town of Groton for the review and/or preparation of an Environmental Impact Statement if said Statement is necessary. Such reimbursable costs shall be paid to the Town of Groton prior to final approval of any subdivision. Section 209. Plat Review of Undeveloped Subdivisions The Planning Board may, on direction of the Town Board, review, for purposes of revision, those undeveloped plats which were filed with the Tompkins County Clerk prior to the appointment of the Planning Board. "Undeveloped" applies to those plats where twenty percent or more of the plat is unimproved for reasons other than terrain, drainage, soil conditions, or the like. Legislative authority for such review is found in Section 276 of New York State Town Law. Section 210. Initiation of Subdivision Review: Submission of a Sketch Plat 210.1 The first stage of subdivision is classification. Classification requires that a subdivider submit a Sketch Plat of the proposed subdivision to the Code Enforcement Officer that provides sufficient detail for the Code Enforcement Officer to classify the action as to the type of review required, i.e. Minor Subdivision, Major Subdivision Level 1 or Major Subdivision Level 2 review. The Code Enforcement Officer may confer with the Chair of the Planning Board for comments and general recommendations as to any adjustment needed to satisfy the objectives of these regulations. 210.2 The Sketch Plat initially submitted to the Code Enforcement Officer shall be based on tax map information or on some other similarly accurate map at a scale that enables the entire tract to be shown on one sheet. A submitted Sketch Plat shall show the following information: 20 Town of Groton Land Use & Development Code of 2011 a. The location of that portion which is to be subdivided in relation to the entire tract, and the distance to the nearest existing street intersection. b. All existing structures, wooded areas, streams, wetlands, flood hazard areas, and other significant physical features, within the portion to be subdivided. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet. c. The name of the owner and of all adjoining property owners as disclosed by the current tax role. d. The tax map, block, and lot numbers of all lots shown on the plat. e. All the utilities available and all streets as they appear on the Zoning Map f. The proposed pattern of lots and dimensions, street layout, recreation areas, and systems of drainage, sewerage, and water supply within the subdivided area. g. All existing restrictions on the use of land, including easements, covenants, and Zoning District boundary lines. h. Minor Subdivision, Major Subdivision Level 1, and Major Subdivision Level 2 review procedures may require additional information as specified in this document. 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 Code Enforcement Officer as to whether it is subject to the Minor Subdivision, Major Subdivision Level 1, or Major Subdivision Level 2 review procedures of these regulations. The Code Enforcement Officer or the Planning Board may require, when it is deemed 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 - Level 1 or Major Subdivision - Level 2 procedures. Consequently, they may deem it necessary that a Major Subdivision - Level 1 procedure include some of the requirements specified for the Major Subdivision - Level 2 procedure. See Figure 2-A for the subdivision classification procedure. 21 Town of Groton Land Use & Development Code of 2011 Figure 2-A. Subdivision Classification Procedure. I START No New streets needed? YES I. No Utility extension needed' YES Any conflict with No Comprehensive Plan, Official Map, or jo- YES Land Use & Development Code? No Cluste r s ubdivi si on proposed' > YES One or more V Residential flag lots � Flag lots proposed? No Hors many res a Iti ng lots? 2- 5 tota I lots + tota I lots Minor Subdivision Major Subdivision Level 1 22 One or more Commercial flag lots Major Subdivision 4 Level Town of Groton Land Use & Development Code of 2011 Section 212-219: reserved Section 220. Minor Subdivision - Review Procedure If the review of the Sketch Plat provided for in Sections 210 and 211 results in the determination that the Minor Subdivision review procedure applies, the provisions in Sections 221-224 are to be followed. Review includes required submissions by the subdivider and may include a Public Hearing if considered desirable by the Planning Board. Section 221. Minor Subdivision - Submission of Plat 221.1 Within six months after classification of the Sketch Plat as a Minor Subdivision by the Code Enforcement Officer, 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 Code Enforcement Officer for classification. The plat shall conform to the layout shown on the Sketch Plat plus any recommendations made by the Code Enforcement Officer and/or Planning Board Chair. 221.2 The application shall also include the following information: a. Completed Agricultural Data Statement and Part One of State Environmental Quality Review (SEAR) Short Environmental Assessment Form. b. Copies of such covenants or deed restrictions as are intended to cover all or part of the tract. c. 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 or a similar map drawn to scale and accurately depicting bearings and distances of all existing and proposed boundaries. d. All on-site sanitation and water supply facilities (if any) shall be designed to meet the minimum specifications of the Tompkins County Sanitary Code. e. The date, north point, map scale, and the name and address of the owner of record and the subdivider. f. Two copies of the subdivision plat shall accompany the application and shall be clear and legible reproductions no larger than 11 by 17 inches. (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) 221.3 All applications for plat approval for Minor Subdivisions shall be accompanied by a fee established by resolution of the Town Board. 23 Town of Groton Land Use & Development Code of 2011 221.4 The receipt 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 221.2 of this Code, has been filed with the Town Clerk. Section 222. Minor Subdivision - Subdivider to Attend Planning Board Meeting The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board at which the Minor Subdivision plat is presented. Section 223. Minor Subdivision - Public Hearing on Plat If the Planning Board decides that a Public Hearing is needed, the Public Hearing shall be held within 62 days from the receipt of the subdivision plat for approval. The hearing shall be advertised in the Town's official newspaper at least five days before such hearing. The applicant and any other person having jurisdiction shall be notified at least 10 days before the Public Hearing. Section 224. Minor Subdivision - Planning Board Action on Plat 224.1 The Planning Board shall, within 62 days from the receipt of the subdivision plat, or if a Public Hearing is held, within 62 days of the close 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. 224.2 Upon approval, conditional approval, or denial, the Planning Board Chair shall sign and date the application and indicate the decision granted. 224.3 The Planning Board's resolution or other written statement approving or conditionally approving the plat may include reasonable conditions including modifications to the plat and shall be considered a condition of final approval. If the plat is disapproved, the Planning Board's resolution or other written statement shall contain the reason for the disapproval. In such a case, the Planning Board may recommend further study of the plat and resubmission after it has been revised or redesigned. The Planning Board shall file a copy of its resolution or other written statement with the Town Clerk within 5 days of its decision and a copy shall be forwarded to the applicant. 224.4 Upon completion of the requirements in the resolution of conditional approval, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted by the circumstances, for not more than two additional periods of ninety days each. 24 Town of Groton Land Use & Development Code of 2011 224.5 The plat to be filed with the Tompkins County Clerk shall meet the standards for filing as set by Tompkins County or as prescribed by law. The owner shall file in the Office of the Tompkins County Clerk such approved Final Plat within 62 days from the date of final approval or such approval shall become null and void. Final approval shall be considered to be the date on which the duly authorized officer of the Planning Board signs the plat as provided in this section or the date on which the Town Clerk certifies the failure of the Planning Board to act as provided in Section 224.1. Sections 225-229: reserved. Section 230. Major Subdivision - Level 1 - Review Procedure Major Subdivision Level 1 review procedure may be used for a subdivision with six or more lots which does not include plans for new streets, utility extension or other major improvements. If it is determined in the Sketch Plat classification process in Sections 210 and 211 that the Major Subdivision Level 1 review procedure applies, the provisions of Sections 231-234 are to be followed. Review requires the submission by the subdivider of a Preliminary Plat and a Final Plat and one Public Hearing by the Planning Board. Section 231. Major Subdivision - Level 1 - Submission of Plat 231.1 Within six months after classification of the Sketch Plat as a Major Subdivision requiring Level 1 Review by the Code Enforcement Officer, the subdivider shall submit an application for approval of a subdivision plat. Failure to do so shall require re- submission of the Sketch Plat to the Code Enforcement Officer for classification. The plat shall conform to the layout shown on the Sketch Plat plus any recommendations made by the Code Enforcement Officer and/or Planning Board Chair. 231.2 The application shall also include the following information: a. Completed Agricultural Data Statement and Part One of State Environmental Quality Review (SEAR) Short Environmental Assessment Form. b. Copies of such covenants or deed restrictions as are intended to cover all or part of the tract. c. 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 or a similar map drawn to scale and accurately depicting bearings and distances of all existing and proposes boundaries. d. 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 Tompkins County Health Department. e. Proposed subdivision name (if any), and the name of the Town and County in which the proposed subdivision is located. NR Town of Groton Land Use & Development Code of 2011 f. The date, north point, map scale, and the name and address of the owner of record and the subdivider. g. Two copies of the subdivision plat shall accompany the application and shall be clear and legible reproductions no larger than 11 by 17 inches. (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) 231.3 All applications for plat approval shall be accompanied by a fee established by resolution of the Town Board. 231.4 The receipt of the subdivision plat shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Section 231.2 of these regulations, has been filed with the Town Clerk. Section 232. Major Subdivision - Level 1- Subdivider to Attend Meeting The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board at which the subdivision plat is presented. Section 233. Major Subdivision - Level 1- Public Hearing on Plat A Public Hearing shall be held within 62 days from the receipt of the subdivision plat for approval. The hearing shall be advertised in the Town's official newspaper at least five days before such hearing. The applicant and any other person having jurisdiction shall be notified at least 10 days before the Public Hearing. Section 234. Major Subdivision - Level 1- Planning Board Action on Plat 234.1 The Planning Board shall, within 62 days from the date of the Public Hearing, act to conditionally approve, conditionally approve with modification, disapprove, or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat. 234.2 Upon approval, conditional approval, or denial, the Planning Board Chair shall sign and date the application and indicate the decision granted. 234.3 The Planning Board's resolution or other written statement approving or conditionally approving the plat may include reasonable conditions including modifications to the plat and shall be considered a condition of final approval. If the plat is disapproved, the Planning Board's resolution or other written statement shall contain the reason for the disapproval. In such a case, the Planning Board may recommend further study of the plat and resubmission after it has been revised or redesigned. 26 Town of Groton Land Use & Development Code of 2011 The Planning Board shall file a copy of its resolution or other written statement with the Town Clerk within 5 days of its decision and a copy shall be forwarded to the applicant. 234.4 Upon completion of the requirements in the resolution of conditional approval, the plat shall be signed by the duly designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not more than two additional periods of ninety days each. 234.5 The plat to be filed with the Tompkins County Clerk shall meet the standards for filing as set by Tompkins County or as prescribed by law. The owner shall file in the Office of the Tompkins County Clerk such approved Final Plat within 62 days from the date of final approval or such approval shall become null and void. Final approval shall be considered to be the date on which the duly authorized officer of the Planning Board signs the plat as provided in this section or the date on which the Town Clerk certifies the failure of the Planning Board to act as provided in Section 234.1. Sections 235-239. Reserved Section 240. Major Subdivision - Level 2 - Review Procedure Major Subdivision Level 2 Review Procedure shall be used for a subdivision with six or more lots which include plans for new streets, utility extension or other major improvements. If it is determined in the Sketch Plat classification process in Sections 210 and 211 that the Major Subdivision Level 2 review procedure applies, the provisions of Sections 241-259 are to be followed. Review requires the submission by the subdivider of a Preliminary Plat and a Final Plat and at least one Public Hearing by the Planning Board. Section 241. Major Subdivision - Level 2 - Submission of Preliminary Plat 241.1 Prior to the filing of an application for the approval of a Major Subdivision Plat, the subdivider shall file an application for the approval of a Preliminary Plat of the proposed subdivision. Such Preliminary Plat shall be clearly marked with the words "Preliminary Plat," and the following documents shall be submitted for approval: a. Completed Agricultural Data Statement and Part One of State Environmental Quality Review (SEAR) Short Environmental Assessment Form. b. Proposed subdivision name, name of Town and County in which the proposed subdivision is located, date, true north point, scale, and name and address of the owner of record, the subdivider, and the engineer or surveyor, including license number and seal. c. The name of all subdivisions immediately adjacent and the name of the owners of record of all adjacent property. 27 Town of Groton Land Use & Development Code of 2011 d. Zoning District, including exact boundary of districts, where applicable, and any proposed changes in the Zoning District lines or this Code text applicable to the area to be subdivided. e. All parcels of land proposed to be dedicated to public use and the condition of such dedication. f. Location of existing property lines, easements, buildings, water courses, marshes, rock outcrops, wooded areas, and other significant existing features for the proposed subdivision and adjacent property. g. Location of existing sewers, water mains, culverts, and drains on the property, with pipe sizes, grades, and directions of flow. h. Contours with intervals of 5 feet 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. i. The width and location of any streets or public ways or places shown on the Zoning Map or the Comprehensive Plan, within the area to be subdivided, and the width, location, grades, and street profiles of all streets or public ways proposed by the developer. j. The approximate location and size of all proposed water lines, valves, hydrants, sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Tompkins County Sanitary Code. k. Storm drainage plan indicating the approximate location and size of proposed lines and their profiles. Connection to existing or alternate means of disposal. 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, and the location of manholes, basins, and underground conduits. m. Preliminary designs of any bridges or culverts which may be required. n. The proposed lot lines with dimensions and area of each lot. o. 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 in width, and which shall provide satisfactory access to an existing public highway or other public open space shown on the subdivision map or the Zoning Map. 28 Town of Groton Land Use & Development Code of 2011 p. An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by the land surveyor. q. If the application covers only a part of the subdivider's holding, a map of the entire tract showing an outline of the platted area with its proposed streets, an indication of the probable future street system with its grades and drainage in the remaining portion of the tract, and the probable future drainage layout of the entire tract shall be submitted so that the part of the subdivider's holding submitted can be considered in light of the entire holding. The Preliminary Plat shall, in all respects, comply with the requirements set forth in the provisions of Sections 276 and 277 of New York State Town Law and this Section of this Code, except where a waiver may be specifically authorized by the Planning Board. 241.2 Two copies of the subdivision plat shall accompany the application and shall be clear and legible reproductions no larger than 11 by 17 inches. (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) 241.3 The application for approval of the Preliminary Plat shall be accompanied by a fee to be established by resolution of the Town Board. 241.4 The receipt of the Preliminary Plat shall be considered to be the date on which the application for approval of the Preliminary Plat, complete and accompanied by the required fee and all data required by Section 241.1 of this Code, has been filed with the Town Clerk. The Town Clerk shall note the date on the Preliminary Plat. Section 242. Major Subdivision - Level 2 - Subdivider to Attend Meeting The subdivider, or a duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Plat. Section 243. Major Subdivision - Level 2 - 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 un - subdivided, and the guidelines of the Comprehensive Plan, the Zoning Map, and this Code. Section 244. Major Subdivision - Level 2 - Public Hearing and Review Within 62 days after receipt of a Preliminary Plat, the Planning Board shall hold a Public Hearing, which hearing shall be advertised at least once in the Town's official newspaper 29 Town of Groton Land Use & Development Code of 2011 at least five days before such hearing. The applicant and any other person having jurisdiction shall be notified at least 10 days before the Public Hearing. Section 245. Major Subdivision - Level 2 - Action on Preliminary Plat 245.1 Within 62 days after the date of the close of the Public Hearing, the Planning Board shall approve with or without modification or disapprove the Preliminary Plat. The grounds of a modification, if any or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. Upon approval, conditional approval, or denial the Planning Board Chair shall sign and date the application and indicate the decision granted. 245.2 Conditional Approval of Preliminary Plat. When granting approval of a Preliminary Plat, the Planning Board shall state the terms of such approval, if any, with respect to: a. Modifications to the Preliminary Plat, which shall be stated in writing, b. The character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, and welfare, and c. The amount of improvement or the amount of all bonds which it will require as a prerequisite to the approval of the final subdivision plat. 245.3 The Planning Board's resolution or other written statement approving or conditionally approving the Preliminary Plat may include reasonable conditions including modifications to the Preliminary Plat and shall be considered a requirement for the Final Subdivision Plat Application. If the Preliminary Plat is disapproved, the Planning Board's resolution or other written statement shall contain the reason for the disapproval. In such a case, the Planning Board may recommend further study of the Preliminary Plat and resubmission after it has been revised or redesigned. The Planning Board shall file a copy of its resolution or other written statement with the Town Clerk within 5 days of its decision and a copy shall be forwarded to the applicant. 245.4 Effect of Approval of Preliminary Plat. Approval of a Preliminary Plat shall not constitute approval of the Final Subdivision Plat, but rather it shall be deemed an expression of approval of the design submitted on the Preliminary Plat as a guide to the preparation of the Final Subdivision Plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of this Code. 245.5 Further Changes May Be Required. Prior to approval of the Final Subdivision Plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the Public Hearing. 30 Town of Groton Land Use & Development Code of 2011 245.6 Failure of the Planning Board to act within the time period prescribed in Section 245.1 shall constitute approval of the Preliminary Plat. Sections 246-249: reserved. Section 250. Major Subdivision - Level 2 - Final Plat Application 250.1 The subdivider shall, within six months after the approval of the Preliminary Plat, file an application for approval of the final subdivision plat, using the application available from the Town Clerk's office. If the Final Subdivision Plat is not submitted for approval within six months after the approval of the Preliminary Plat, the Planning Board may refuse to approve the Final Subdivision Plat and require 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 a copy of the application and two copies of the plat which shall be clear and legible reproductions no larger than 11 by 17 inches, the original and one copy of all offers of cession, covenants, and agreements, and two prints of all construction drawings. (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) 250.3 The receipt of the Final Subdivision Plat shall be considered to be the date on which the application for approval of the Final Plat, complete and accompanied by the required fee and all data required by Section 250.4 of this Code, has been filed with the Town Clerk. 250.4 The Final Plat shall show: a. Proposed subdivision name or identifying title, the name of the Town and County in which the proposed subdivision is located, the name and address of the owner of record, the name and address of the subdivider if different, and the name, license number, and seal of the licensed land surveyor. b. Street lines, pedestrian ways, lots, reservations, easements, and areas to be dedicated to public use. c. Sufficient data acceptable to the Town Engineer to determine readily the location, bearing, and length of every street line, lot line, and boundary line. d. The length and bearing of all straight lines, radii, length of curves, central angles of curves, and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale, and true north point. 31 Town of Groton Land Use & Development Code of 2011 e. The plat shall also show 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 therefore. f. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with the prevailing Town practice. g. All lot corner markers shall be permanently located satisfactorily to the Town Engineer. h. 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. i. 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, catch basins, and other facilities. Section 251. Major Subdivision - Level 2 - Endorsement of State and County Agencies Water and sewer facility proposals contained in the Final Subdivision Plat shall be properly endorsed and approved by the Tompkins County Department of Health. Applications for approval on plans for sewer or water facilities will be filed by the subdivider with all necessary Town, County, and State agencies. Endorsement and approval by the Tompkins County Department of Health shall be secured by the subdivider before official submission of the Final Subdivision Plat for approval by the Planning Board. Section 252. Major Subdivision - Level 2 - Public Hearing and Review of Final Plat Within 62 days of the receipt of the Final Plat for approval, a Public Hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the Town's official newspaper at least five days before the hearing. The applicant and any other person having jurisdiction shall be notified at least 10 days before the Public Hearing. However, when the Planning Board deems the Final Plat to be in substantial agreement with a Preliminary Plat approved under Section 245, and modified in accordance with any conditions of such approval, the Planning Board may waive the requirement for such Public Hearing. 32 Town of Groton Land Use & Development Code of 2011 Section 253. Major Subdivision - Level 2 - Action on Final Plat 253.1 Actions by Planning Board. The Planning Board action shall be by resolution to conditionally approve with or without modification, disapprove, or grant final approval and authorize the signing of the plat by the Chair of the Planning Board. The action is to be taken within 62 days after the close of the Public Hearing, if one was held, and if no Public Hearing was held, within 62 days of receipt of the Final Plat by the Planning Board. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a Final Plat within the time prescribed therefore shall be deemed approval of the plat. 253.2 Upon approval, conditional approval, or denial, the Planning Board Chair shall sign and date the application and indicate the decision granted. 253.3 The Planning Board's resolution or other written statement approving or conditionally approving the plat may include reasonable conditions including modifications to the plat and shall be considered a condition of final approval. If the plat is disapproved, the Planning Board's resolution or other written statement shall contain the reason for the disapproval. In such a case, the Planning Board may recommend further study of the plat and resubmission after it has been revised or redesigned. The Planning Board shall file a copy of its resolution or other written statement with the Town Clerk within 5 days of its decision and a copy shall be forwarded to the applicant. 253.4 Expiration of Approval. Conditional approval of a Final Plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not more than two additional periods of ninety days each. Section 254. Major Subdivision - Level 2 - Required Improvements Before the Planning Board grants final approval of the Final Subdivision Plat, the subdivider shall follow the procedure set forth in either Section 254.1 or 254.2 below. 254.1 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 New York State 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. 33 Town of Groton Land Use & Development Code of 2011 254.2 The subdivider shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the subdivider shall file with the Town Clerk a bond or certified check covering the costs of such improvements not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. 254.3 The required improvements shall not be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground utilities as actually installed. If the subdivider completes all required improvements according to Section 254.2, then the map shall be submitted prior to endorsement of the plat by the appropriate Planning Board officer. However, if the subdivider elects to provide a bond or certified check for all required improvements as specified in Section 254.1, such bond shall not be released until such a map is submitted. Section 255. Major Subdivision - Level 2 - Modification of Design Improvements If at any time before or during construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of the required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board's approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this Section in writing and shall transmit a copy of such authorization to the Planning Board at their next regular meeting. Section 256. Major Subdivision - Level 2 - Inspection Fee At least five days prior to commencing construction of required improvements the subdivider shall pay to the Town Clerk the inspection fee required by the Town Board and shall notify the Town Board in writing of the time when they propose to commence construction of the improvements so that the Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements, and to assure the satisfactory completion of improvements and utilities required by the Planning Board. Section 257. Major Subdivision - Level 2 - Installation and Inspection of Improvements If the Town Engineer finds, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Code Enforcement Officer, and Planning Board. The Town Board shall then notify the subdivider and, if necessary, the bonding company, and 34 Town of Groton Land Use & Development Code of 2011 take all necessary steps to preserve the Town's rights under the bond. No subdivision plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved subdivision plat. Section 258. Major Subdivision - Level 2 - Final Approval of Plat 258.1 Signature from Planning Board. Upon completion of the requirements in Sections 250- 257 and notation to that effect upon the Subdivision Plat, it shall be deemed to have Final Approval and shall be properly signed by the duly designated officer of the Planning Board and shall be filed by the applicant in the Office of the Tompkins County Clerk. 258.2 Prompt Filing. The plat to be filed with the Tompkins County Clerk shall meet the standards for filing as set by Tompkins County or as prescribed by law. The owner shall file in the Office of the Tompkins County Clerk such approved Final Plat within 62 days from the date of Final Approval or such approval shall become null and void. Final Approval shall be considered to be the date on which the duly authorized officer of the Planning Board signs the plat as provided in this section or the date on which the Town Clerk certifies the failure of the Planning Board to act as provided in Section 253.1. 258.3 Plat Void if Revised After Approval. No changes, erasures, modifications, or revisions shall be made in any Subdivision Plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Board and the Board approves any modifications. In the event that any such Subdivision Plat is recorded without complying with this requirement, it shall be considered null and void, and the Planning Board shall institute proceedings to have the plat stricken from the records of the Tompkins County Clerk. Section 259. Major Subdivision - Level 2 - Public Streets and Recreation Areas 259.1 Public Acceptance of Streets. The approval of the Planning Board of a Subdivision Plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement, or other open space shown on the Subdivision Plat. A request for such acceptance shall be made to the Town Board. 259.2 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 260. Cluster Development 260.1 Authorization and Purpose. Due to the unique character of Cluster Development the Town Board may, by resolution, authorize the Planning Board to review Cluster Development applications on a case-by-case basis. Said resolution will empower the Planning Board to modify applicable provisions of Articles 3 and 4 of this Code in 35 Town of Groton Land Use & Development Code of 2011 accordance with the provisions of Section 278 of New York State Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities, and to preserve the natural and scenic qualities of open lands. The following shall be the procedure and standards. 260.2 Request by Developer. A developer may request the use of Section 278 of New York State Town Law simultaneously with or subsequent to presentation of the Sketch Plat as described in Sections 210 and 211. Any submission subsequent to preliminary approval of a plat shall require a reapplication for Sketch Plat review. Cluster Developments are permitted only in the RA, L, and M1 districts. 260.3 Sketch Plat. A developer shall present along with a proposal in accordance with the provisions of Section 278 of New York State Town Law, a standard Sketch Plat which is consistent with all the criteria for a Major Subdivision, Level 2, application as established by this Code in Section 240 - 259, including streets and lots being consistent with street and lot requirements. The Code Enforcement Officer shall then submit the Sketch Plat to the Town Board for their review. The Town Board may then pass a resolution authorizing the Planning Board to proceed. 260.4 Plat Submission. Upon determination that such Sketch Plat is suitable for the procedures under Section 278 of New York State Town Law and subsequent to the Town Board resolution authorizing the Planning Board to proceed, a Preliminary Plat meeting all of the requirements of the resolution shall be presented to the Planning Board and thereafter the Planning Board shall proceed with the required submissions, Public Hearings and other requirements of this Code pursuant to Major Subdivision, Level 2 review procedures. 260.5 Additional Conditions. Cluster Development shall be subject to the following additional conditions: a. A Cluster Development shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this Code applicable to the Zoning District in which such land is situated and conforming to all other applicable requirements. Provided, however, that where the plat falls within two or more contiguous Zoning Districts, the Planning Board may approve a Cluster Development representing the cumulative density as derived from the summing of all units allowed in all such Zoning Districts, and authorize actual construction to take place in all or any portion of one or more of such Zoning Districts. b. The total number of lots permitted on a particular parcel of land is placed on a portion of the parcel and the remaining area shall be maintained as park, recreation, open space or other municipal purposes subject to the requirements of Section 278 of this Code. 36 Town of Groton Land Use & Development Code of 2011 c. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use, and maintenance of such parks, recreation areas or open spaces shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands. In addition, the Planning Board may require that such conditions shall be approved by the Town Board before the plat may be approved for filing. d. The plat showing such Cluster Development may include areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and any other features required by the Planning Board. In the case of a residential plat, the dwelling units permitted may be, at the discretion of the Planning Board, in detached, attached, or multi -story structures. 260.6 Filing: Notation on Zoning Map. On the filing of the plat in the Office of the Tompkins County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto on the Town of Groton Zoning Map required to be maintained pursuant to Section 264 of New York State Town Law. Section 261. Manufactured Home Parks It shall be unlawful to construct, alter or extend a Manufactured Home Park in the Town of Groton unless a Manufactured Home Park Special Permit has been approved by the Town Board. Once construction of the Manufactured Home Park is complete and has received a Certificate of Occupancy issued by the Code Enforcement Officer, application for Building Permits for individual manufactured homes may commence. 261.1 Sketch Plan Conference. A Sketch Plan Conference shall take place between the applicant, the Code Enforcement Officer and the Town Board. A Sketch Plan shall be submitted which shall be based on tax map information or on some other similarly accurate map at a scale that enables the entire tract to be shown on one sheet. A submitted Sketch Plan shall show the following information: a. The location of the proposed Manufactured Home Park in relation to the entire tract, and the distance to the nearest existing street intersection. b. All existing structures, wooded areas, streams, wetlands, flood hazard areas, and other significant physical features within the proposed Manufactured Home Park and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than 10 feet. c. The name of the owner and of all adjoining property owners as disclosed by the current tax roll. d. The tax map, block, and lot numbers of all lots shown on the plat. 37 Town of Groton Land Use & Development Code of 2011 e. All existing utilities and streets. f. The proposed pattern and dimension of manufactured home lots not to exceed seven manufactured homes per acre. g. Minimum distance between homes shall be 30 feet. h. Minimum distance of homes from the centerline of any interior street shall be 30 feet. i. Minimum distance of homes from any front, side or rear yard line of the Manufactured Home Park shall be 35 feet. j. Internal street layout, recreation areas, accessory structures, and systems of drainage, sewerage, and water supply within the Manufactured Home Park. k. All existing restrictions on the use of land, including easements, covenants, and Zoning District boundary lines. The Town Board shall either accept the Sketch Plan and move to proceed with review procedures or deny the Sketch Plan outright. 261.2 Application. An application and plan for a Manufactured Home Park shall be submitted to the Town Board which shall include the following documents: a. Completed Agricultural Data Statement and Part One of State Environmental Quality Review (SEAR) Short Environmental Assessment Form. b. Proposed Manufactured Home Park name, name of Town and County in which the proposed Manufactured Home Park is located, date, true north point, scale, and name and address of the owner of record, the applicant, and the engineer and/or surveyor, including license number and seal. c. The name of all Manufactured Home Parks immediately adjacent and the name of the owners of record of all adjacent property. d. Zoning District, including exact boundary of districts, where applicable, and any proposed changes in the Zoning District lines or this Code text applicable to the area to be developed. e. Land proposed to be dedicated as recreational area. f. Location of existing property lines, easements, buildings, water courses, marshes, rock outcrops, wooded areas, and other significant existing features for the proposed Manufactured Home Park. W Town of Groton Land Use & Development Code of 2011 g. Contours with intervals of five feet or less as required by the Town Board, including elevations on existing roads. Approximate grading plan if natural contours are to be changed more than two feet. h. The width and location of any streets or public ways or places shown on the Zoning Map or the Comprehensive Plan, within the area to be developed, and the width, location, grades, and street profiles of all streets or public ways proposed by the developer. i. Tompkins County Health Department permits for water and septic/sewage systems. j. Storm water management plan. k. Preliminary designs of any bridges or culverts which may be required. I. An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. The corners of the tract shall also be located on the ground and marked by the land surveyor. m. The proposed pattern and dimension of manufactured home lots not to exceed seven manufactured homes per acre. Minimum distance between homes shall be 30 feet. Minimum distance for the centerline of any interior street shall be 30 feet. Minimum distance from any front, side or rear yard line of the Manufactured Home Park shall be 35 feet. n. Location of any servicing, maintenance, management, facilities for resident use, or any other similar structure. Minimum distance form any home shall be 30 feet. Front, side and rear yard setbacks shall meet Zoning District requirements except for when a buffer zone is required no structures shall be located within said buffer zone. Location of internal streets, driveways and parking areas. Plan shall also include method of construction. o. All proposed landscaped areas shall be clearly indicated on the plan and the type of treatment i.e. grass, shrubs, trees, ground cover, etc, shall be specified. This would include any buffer area required by the Town Board. p. Each manufactured home shall be provided with a walkway leading from the home to a street, driveway or parking area. Such walkway shall have a smooth, hard surface and shall be a minimum of two feet wide. q. Plan for property maintenance, including, but not limited to, snow removal, grounds keeping, garbage and trash collections, and recycling, r. Manufactured Home Parks designed to accommodate 20 or more homes shall include in their plan one or more recreation areas which shall be developed and maintained by the park owner and easily accessible to all park residents. 39 Town of Groton Land Use & Development Code of 2011 Two copies of the Manufactured Home Park Plan shall accompany the application and shall be clear and legible reproductions no larger than 11 by 17 inches. (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) The application for approval of the Manufactured Home Park Plan shall be accompanied by a fee to be established by resolution of the Town Board. 261.3 Receipt of Application. The receipt of the application shall be considered to be the date on which the application for approval, complete and accompanied by the required fee and all data required by Section 261.2 of this Code, has been filed with the Town Clerk. The Town Clerk shall make note of the date on the application. 261.4 Review of Application. The owner, or a duly authorized representative, shall attend the meeting of the Town Board to discuss the application and plan. The Town Board shall study the practicability of the Manufactured Home Park Plan, taking into consideration the requirements of the community and the best use of the land. Particular attention shall be given to the design of the proposed Manufactured Home Park in relation to the topography of the land, water supply, sewage disposal, drainage, and arrangement home sites the future development of adjoining lands, and the of the Comprehensive Plan, the Zoning Map, and this Code. 261.5 Referral to County Planning Department. Pursuant to Section 239 1 & m of New York State General Municipal Law, a complete copy of the Manufactured Home Park Plan shall be forwarded to the Tompkins County Commissioner of Planning at least 30 days before the Public Hearing. No action may be taken by the Town Board until a response has been received, unless 30 days has expired without a response. 261.6 Consultant Review. The Town Board may consult with any local, County, State, Federal, private individual or agency in the course of its deliberations on any application. Any cost for consultant review may be charged to the applicant. 261.7 State Environmental Quality Review. Whenever the review of the Environmental Assessment Form reveals that a full Environmental Review is required in accordance with the New York State Environmental Quality Review Act (SEQRA), the Town Board shall attempt to integrate, as appropriate, the review of the Manufactured Home Park Plan with the procedural requirements of SEQRA review. 40 Town of Groton Land Use & Development Code of 2011 In the event that the procedures are not integrated, the time period for holding a Public Hearing on the Special Permit application does not commence until a negative declaration has been adopted or a Draft Environmental Impact Statement accepted as being sufficient to commence the public comment period. 261.8 Public Hearing. Within 62 days after receipt of a plan, the Town Board shall hold a Public Hearing, which shall be advertised at least once in the Town's official newspaper at least five days before such hearing. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the Preliminary Plat. The applicant and any other person having jurisdiction shall be notified at least 10 days before the Public Hearing. 261.9 Action on Application for Manufactured Home Park. Within 62 days after the date of the close of the Public Hearing, the Town Board shall do one of the following: a. Approve: Plat shall be signed by Town Supervisor as approved and the applicant may apply to the Code Enforcement Officer for a Building Permit providing that all reimbursable costs pursuant to Section 261.10 of this Code have been paid. b. Conditionally Approve With Modifications: Modifications shall be made and resubmitted to the Town Board for further review. Within 62 days of the receipt of said modifications, the Town Board shall hold a second Public Hearing, duly advertised as required in Section 261.8. Within 62 days of the close of the second Public Hearing, the Town Board shall either approve or disapprove the application. c. Disapprove The time in which the Town Board must take action on such plan may be extended by mutual consent of the applicant and the Town Board. 261.10 Reimbursable Costs. Costs incurred by the Town Board in connection with the review of a Manufactured Home Park shall be charged to the applicant. a. The cost of advertising fees for Public Hearings. b. Costs incurred by the Town of Groton for engineering, planning, legal and other necessary expenses for the purpose of reviewing any application. c. Costs incurred by the Town of Groton for the review and/or preparation of an Environmental Impact Statement if said Statement is necessary. 41 Town of Groton Land Use & Development Code of 2011 Such reimbursable costs shall be paid to the Town of Groton prior to the issuance of any Building Permit. 261.11 General Requirements. a. Once the Manufactured Home Park has been constructed and a Certificate of Occupancy has been issued by the Code Enforcement Officer, the placement of homes may commence. b. A Building Permit shall be required for the installation or replacement of any manufactured home within the park. c. No manufactured home shall be occupied until a Certificate of Occupancy has been issued by the Code Enforcement Officer. d. All manufactured homes shall conform to the requirements outlined in Section 120 of this Code. e. All manufactured home installations shall conform to all sections of the New York State Code for Construction and Installation of Manufactured Homes; and the Standards, Rules, Regulation for Manufactured Homes; and the New York State Fire Prevention Code; or any State and Federal Code. f. All manufactured homes shall be completely skirted within 60 days of the issuance of the Certificate of Occupancy. g. There shall be no outdoor storage of garden equipment, tools, furniture, machinery, appliances, etc. Individual storage sheds and other structures are subject to Zoning District setback requirements and Building Permit requirements pursuant to Section 403 of this Code. h. The owner of the Manufactured Home Park shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition. The park owner or management shall control the growth of brush, weeds and grass and shall see that manufactured homes and lots are maintained in sightly condition at all times. j. All homes shall be numbered in a sequential manner. Said numbers shall be of a contrasting color and displayed where they can be clearly seen from the street. Said numbers shall be at least 4 1/2 inches high with a 1/2 inch stroke. The park owner or management shall maintain a register containing all home numbers and the names of all occupants. Such register shall be filed with the Town Clerk yearly. tV Town of Groton Land Use & Development Code of 2011 k. The park owner or management shall notify park occupants of all applicable provisions of this Code and inform them of their duties and responsibilities pursuant to this Code. I. The park occupant shall comply with all applicable requirements of this Code and shall maintain his/her manufactured home, lot, and additional structures in good repair and in a clean and sanitary condition. 261.12 Inspection and Enforcement. The Code Enforcement Officer shall inspect the Manufactured Home Park every three years or as necessary to determine satisfactory compliance with this Code. The Code Enforcement Officer shall investigate all legitimate complaints made pursuant to this Code. The Code Enforcement Officer shall take appropriate legal action on all violations of this Code. Sections 262-269: reserved. Section 270. Design Standards For Subdivisions In considering applications for the subdivision of land, the Planning Board shall be guided by the standards set forth in the following sections of this Article. The standards shall be considered minimum requirements and may be waived by the Planning Board under circumstances set forth in Section 280. Section 271. General Considerations 271.1 Character of Land. Land to be subdivided shall be of such character that it can be used safely for building purposes. 271.2 Conformity to Zoning Map and Comprehensive Plan. Subdivisions shall conform to the Zoning Map of the Town and shall be in harmony with the Comprehensive Plan. 271.3 Conformity of Street Layout and Design. All street layout and design standards shall conform to the Town Highway Specifications and to the requirements outlined in Sections 272 and 273. The applicant and the Planning Board should contact the Town Highway Superintendent or the Town Engineer to obtain the most current Town Highway Specifications. Section 272. Street Layout 272.1 Angle of Intersection. In general, all streets shall join each other so that the street is approximately at right angles to the street it joins. 272.2 Arrangement. The arrangement of streets in a subdivision shall provide for the 43 Town of Groton Land Use & Development Code of 2011 continuation of principal streets of adjoining subdivisions and for proper projection of principal streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic, and the construction or extension, presently or when later required, of needed utilities and public services such as sewers, water lines, and drainage facilities. No more than 19 lots shall be located on a street that does not have at least two street connections with existing public streets or with streets on an approved subdivision plat for which a bond has been filed. 272.3 Block Size. Blocks generally shall not be less than 400 feet nor more than 1200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of an easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify at its discretion that a paved foot path be included. 272.4 Circle Drives and Loop Streets. The creation of a circle drive or loop residential streets (see Section 273.4 and 273.11) will be encouraged wherever the Planning Board finds that such types of streets are needed or desirable. The Planning Board may require the reservation of an easement to provide for continuation of pedestrian traffic and utilities to the next street. 272.5 Future Re -Subdivision Provision. Where a tract is subdivided into lots substantially larger than the minimum size required in the Zoning District, the Planning 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. 272.6 Intersections with Collector or Major Arterial Roads. Intersections of minor or secondary streets with collector or major arterial roads shall be located far enough apart so as to provide for the safe movement of traffic. 272.7 Major Arterial Streets - Special Treatment. When a subdivision abuts or contains an existing or proposed major arterial street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a non -access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. 272.8 Minor Streets. Minor streets shall be laid out so that their use by through traffic will be discouraged. 272.9 Other Required Streets. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 44 Town of Groton Land Use & Development Code of 2011 272.10 Street Jogs. Street jogs without at least 125 feet centerline offsets shall not normally be permitted. 272.11 Topography - Relation to. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. 272.12 Width, Location, and Construction. Streets shall be of sufficient width, suitably located, and adequately constructed to conform to the Comprehensive Plan, to accommodate the prospective traffic, and to afford access for fire fighting, snow removal, and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system. Section 273. Street Design 273.1 As Stated in Section 271.3, all required improvements shall be constructed or installed in conformance with the Town Highway Specifications. Current specifications and consultation may be obtained from the Town Highway Superintendent or the Town Engineer. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, storm drainage facilities, water mains, sewers, street lights and signs, street trees, and fire hydrants, except where waivers may be requested. The Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety, and general welfare. Pedestrian easements shall be improved as required by the Town Highway Superintendent or the Town Engineer. Such grading and improvements shall be approved as to design and specifications by the Town Highway Superintendent or the Town Engineer. 273.2 Acceptance. Roads will be accepted only if they are free and clear of all liens, encumbrances, easements, and/or rights-of-way and are built in accordance with the approved plans. A written statement of acceptance must be filed by the Highway Superintendent and the Town Attorney before any road shall be accepted by the Town Board. 273.3 Crown on road. Road crown shall meet all requirements of the Town Highway Specifications. 273.4 Circle Drive Streets. Circle drive streets shall be constructed in conformance with the Town Highway Specifications. 273.5 Culverts shall be placed in natural waterways, at low spots in grade, and in other spots where required. The builder will furnish culverts and install head walls if requested by the Highway Superintendent. All culvert sizes and lengths shall be determined and culvert designs approved by the Highway Superintendent before installation. 45 Town of Groton Land Use & Development Code of 2011 273.6 Curve Radii. Curve radii shall meet all requirements of the Town Highway Specifications. All street right-of-way lines at intersections shall be rounded by curves as required by the Town Highway specifications, and curbs shall be adjusted accordingly. 273.7 Ditches. Adequate ditches shall be provided by the builder. 273.8 Fire Hydrants. Installation of fire hydrants shall be in conformity with all requirements of the local Fire Department. 273.9 Flow of Vehicular Traffic Abutting Commercial Developments. In front of areas zoned and designed for commercial use, or where a change of zoning to a district which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles, and to provide adequate and safe parking space for such commercial or business district. 273.10 Grades. Grades of all streets shall conform in general to the terrain, and shall be in conformance with the Town Highway Specifications. A combination of steep grades and curves shall be avoided. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Highway Superintendent or the Town Engineer so that clear visibility shall be provided for a safe distance. 273.11 Loop Streets. The two intersections of a loop street with the main road must meet all requirements of the Town Highway Specifications including distance separation. 273.12 Materials. All streets shall be constructed of the materials indicated in the Town Highway Specifications. 273.13 Right -of -Way Width. Streets shall have the right-of-way and pavement widths indicated in the Town Highway Specifications. The classification of streets shall be determined by the Town Board. Additional right-of-way may be required where deep cuts or fills are needed. 273.14 Service Streets or Loading Space in Commercial Development. Paved rear service streets, or in lieu thereof, adequate off-street loading space, suitably dust free surfaced, shall be provided in connection with lots designed for commercial use. 273.15 Shoulder Width. Shoulder width shall conform to the Town Highway Specifications. 273.16 Sight Distance: Sight distance at intersections shall be at least 300 feet to provide for the safe flow of traffic. 46 Town of Groton Land Use & Development Code of 2011 273.17 Under -drains shall be placed in low wet areas where hill seepage is encountered or in other areas where required. 273.18 Utility Easements. Where topography is such to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements shall be otherwise provided with satisfactory access to the street. Wherever possible, easements shall be continuous from block -to -block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required. 273.19 Utilities in Streets. The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved. 273.20 Visibility at Intersections. For reasons of traffic safety, no structure, fence, vegetation, or agricultural crop over three feet in height and no branches less than 10 feet from the ground are permitted on any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) within a triangular area formed by the lot lines along the streets to the points on the lot lines a distance of 20 feet from their intersections and a line connecting the points. Any fence or planting that does not conform to the requirements of this Section and which results in an obstruction to the vision of motorists must be made to conform within one year from the effective date of this Code. 273.21 Watercourses. Where a watercourse separates a proposed street from an abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Town Highway Superintendent or the Town Engineer. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way as required by the Town Highway Superintendent or the Town Engineer. Section 274. Street Names 274.1 Type of Name. All street names shown on a Preliminary Plat or subdivision plat shall be approved by the Planning Board. In general, streets shall have names and not numbers or letters. 274.2 Names to be Substantially Different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names in this County, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction sharply or at a corner without a change in street name. Section 275. Lots 275.1 Lots to be Buildable. The lot arrangement shall be such that in constructing a building in compliance with this Code, there will be no foreseeable difficulties for reasons of topography or other natural conditions. 47 Town of Groton Land Use & Development Code of 2011 All lots shall conform to the minimum dimension regulations for the Zoning District in which said lots are located (See Sections 342-348). However, a lot created for the purpose of consolidation with another contiguous lot (i.e. boundary line change) need not conform to minimum dimension regulations. A resolution approving any subdivision plat which includes a lot created for the purpose of consolidation shall clearly state which lot has been created for this purpose. 275.2 Side Lines. All reasonable efforts should be made to make side lines of lots at right angles to street lines. 275.3 Corner Lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site, and to avoid obstruction of free visibility at the roadway intersection (see Section 273.20). 275.4 Driveway Access. Driveway access and grades shall conform to specifications of the applicable State, County, or State law. See Section 276 of this Code for additional driveway specifications for Flag Lots. 275.5 Access from Private Streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this Code. 275.6 Monuments and Lot Corner Markers. Permanent monuments meeting specifications approved by the Town Engineer as to size, type, and installation, shall be set at such block corners, angle points, points of curves in streets, and other points as the Town Engineer may require, and the location of such monuments shall be shown on the subdivision plat. Section 276. Flag Lots 276.1 Residential and Commercial Flag Lots may be approved by the Planning Board whenever the land involved is of a peculiar shape or size, is subject to unreasonable property or parcel limitations, is affected by unusual topographical location or extraordinary topographical conditions, or is devoted to such use that it is impossible, impractical, or undesirable for the subdivider to fully conform to the requirements for conventional lots. In addition, the Planning Board may approve one or more Flag Lots where the use of the Flag Lot configuration would permit the efficient use of land while avoiding the need for a new public street or road or minimize the loss of agricultural land. 276.2 Lot Area. The buildable part of any Flag Lot shall meet the minimum lot area and yard requirements of the Zoning District within which it is located. The flagpole, as defined in Section 120, is excluded from any calculations related to lot area, lot width and lot depth. 276.3 Flagpoles. The flagpole of a Residential Flag Lot, as defined in Section 120, shall have a minimum road frontage of 20 feet. Accessory structures may be permitted within the flagpole of a Residential Flag Lot if all district setback requirements can be met and a continuous minimum 20 foot clear area is maintained for the length of the flag pole. 48 Town of Groton Land Use & Development Code of 2011 The flagpole of a Commercial Flag Lot, as defined in Section 120, shall have a minimum road frontage of 60 feet and shall be free of any structures with the exception of walls, fences, public transportation shelters, gate houses, or signs. No flagpole shall exceed 1,000 feet in length as measured from the public right-of-way. The length of the flagpole shall be determined by the distance from the public right-of-way to the point where the minimum lot width requirement is met for the Zoning District within which it is located. 276.4 Driveways. Adjoining Flag Lots should be platted in a manner that encourages shared driveway access points along public roads and highways whenever practicable. 276.5 All driveways serving Commercial Flag Lots shall meet the construction requirements of the Town of Groton Highway Superintendent. Section 277. Drainage Improvements 277.1 Removal of Spring and Surface Water. The subdivider may be required by the Planning Board to carry away by pipe or watercourse any spring or surface water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width. 277.2 Drainage Structure to Accommodate Potential Development Upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential run-off from the entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of the facility based on anticipated run-off from a ten-year storm under conditions of total potential development permitted by this Code in the watershed. 277.3 Responsibility for Drainage Downstream. The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Town Engineer. Where it is anticipated that the additional run-off incident to the development of the subdivision will overload an existing downstream drainage facility during a five-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of such condition. 277.4 Land Subject to Flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life, or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation, or improved in a manner satisfactory to the Planning Board to remedy the hazardous conditions (see Town of Groton Local Law #2 of 1987 concerning regulation of development in Flood Hazard Areas provided in Appendix E). 49 Town of Groton Land Use & Development Code of 2011 Section 278. Parks, Open Spaces, and Natural Features 278.1 Parks and Playgrounds. 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. 278.2 The Board shall require that not less than 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 by the subdivider if the Town Board approves such dedication. 278.3 Information to be Submitted. In the event that an area to be used for a park or playground is required, the subdivider shall submit, prior to final approval, two prints drawn in ink, no larger than 11 by 17 inch (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) and showing the following features: a. The boundaries of the area, giving lengths and bearing of all straight lines, radii, lengths, central angles, and distances of all curves. b. Existing features such as brooks, ponds, clusters of trees, rock outcrops, and structures. c. Existing, and if applicable, proposed changes in grade and contours of the area and of areas immediately adjacent. 278.4 Waiver of Plat Designation of Area for Parks and Playgrounds. In cases where the Planning Board finds that due to the size, topography, or location of the subdivision, land for park, playground, or other recreation purpose cannot be properly located therein, or if in the opinion of the Planning Board it is not desirable, the Planning Board may waive the requirement that the plat show land for such purposes. The Planning Board may then require as a condition to approval of the plat a payment to the Town of Groton of two hundred dollars ($200) per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Section 278.1. Such amount shall be paid to the Town Board at the time of Final Plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that: a. Is suitable for public park, playground, or other recreational purposes, and b. Is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies, and c. Shall be used for park, playground, or other recreational land acquisition or improvements. 50 Town of Groton Land Use & Development Code of 2019 Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, providing the Planning Board finds there is a need for such improvements. 278.5 Reserve Strips Prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself shall be prohibited. 278.6 Preservation of Natural Features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, water courses and falls, historic spots, vistas, and similar irreplaceable assets. Sections 279: reserved. Section 280. Waivers of Certain Required Improvements Where the Planning Board finds that due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety, and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Zoning Map, the Comprehensive Plan, or this Code. 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. 51 Town of Groton Land Use & Development Code of 2011 Article 3. Land Use Regulations Section 300. Purposes The Land Use and Development Code is made in accordance with the Comprehensive Plan for the Town of Groton as adopted and amended from time -to -time. The purpose of this Code is to lessen congestion in the streets, to secure safety from fire, flood, panic, and other dangers; to promote health and general welfare; to prevent the overcrowding of land; to avoid undue concentration of population; to make provision for, so far as conditions may permit, the accommodation of green energy systems and equipment; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. This Code has been made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town (New York State New York State Town Law, Section 263). Section 301. Development and Occupancy The provisions of this Code apply throughout the Town of Groton, unless identified as district regulations, in which case the regulations apply only in the specified district. No lot in the Town of Groton may be developed, built upon, used, occupied, or enlarged, and no activity may be established on any lot unless it is done in conformance with all of the general regulations and all the district regulations of the district in which the activity or action occurs. Section 302. Land Use Activities Land Use activities appear in one of the following categories in each district: Permitted: The establishment of the activity type is allowed by right under this Code, pending acquisition of any required permit or permits from any agency having jurisdiction over the activity. Permitted with Site Plan Review and Approval: Permission for the activity type is issued only on direction of the Planning Board to an applicant whose proposal meets all the general regulations, applicable district regulations, and the criteria for Site Plan Approval (see Section 441) Permitted with Special Permit: A Special Permit for the activity type is issued only on direction of the Town Board, to an applicant whose proposal meets all the general regulations, applicable Zoning District regulations, and the criteria for Special Permit Approval (see Section 442). Prohibited: Any land use activity not in one of the three categories above, or listed elsewhere in this article, is expressly prohibited. 52 Town of Groton Land Use & Development Code of 2011 Section 303 Right to Farm. 303.1 Any agricultural practice determined to be a sound agricultural practice by the New York State Commissioner of Agriculture and Markets pursuant to Article 25AA, Section 308 of the New York State Agriculture and Markets Law, including but not limited to the practices necessary for on-farm production, preparation and marketing of agricultural commodities, such as the operation of farm equipment, proper use of agricultural chemicals and other crop protection methods, direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on- farm, and construction and use of farm structures, shall not constitute a private nuisance. 303.2 Pursuant to Town of Groton Local Law #2 for the Year 1997, entitled "A Local Law That Acknowledges the Right to Undertake Agricultural Practices in the Town of Groton" (included in this Code as Appendix C) the following shall apply: a. Farmers, as well as those employed, retained or otherwise authorized to act on behalf of farms, may lawfully engage in farming practices within the Town of Groton at any and all such times and all such locations as are reasonably necessary to conduct the business of farming. For any activity or operation, in determining the reasonableness of the time, place and methodology of such operation, due weight and consideration shall be given to both traditional customs and procedures in the farming industry as well as to advances resulting from increased knowledge and improved technologies, and b. The following notice shall be included in Building Permits, Special Permits, permits issued in Site Plan Review and in any other situation where a permit is required to be issued by the Town of Groton and on plats or subdivisions submitted for approval pursuant to New York State Town Law Section 276 and this Code: "This property may border a farm, as defined in Town of Groton Local Law #2 for the Year 1997, a Local Law known as "The Right to Farm Law." Residents should be aware that farmers have the right to undertake good and acceptable farm practices, which may generate dust, odor, smoke, and vibration." Section 304. Health Department Approval Minimum lot sizes specified in this Code are subject to approval and modification by the Tompkins County Health Department to meet applicable Health Department regulations. In areas where public sewer and/or water facilities are not available, the Health Department may require a lot to be larger than required by this Code. Section 305. Anticipation of Sewers In areas where public sewers are scheduled on a Capital Improvement Program, if one 53 Town of Groton Land Use & Development Code of 2011 exists, to be provided within five years, the lot size regulations for area "with public sewers available" (see Sections 342-350) 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 Tompkins County Health Department approval for such a delayed development proposal. Section 306. Mixed Use of Lots If residential and nonresidential activities 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 307. Yard Requirements Yard area or off-street parking space provided about a building or structure 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 or structure. Section 308. Clear Vision Area For reasons of traffic safety, this Code requires a Clear Vision Area at intersections. It is the property owner's responsibility to insure that Clear Vision Areas be maintained. Upon complaint, or direct observation, the Code Enforcement Officer is authorized to address each situation, on a case by case basis, in a manner he/she deems most appropriate, including, but not limited to, requesting that the situation be remedied or issuing a Notice of Violation and/or Order to Remedy. Section 309. 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, telecommunication towers, radio and television antennae, and similar structures. Section 310. Rubbish, Junk and Vehicles All yards must be kept free of abandoned, inoperable, or unregistered vehicles and machinery, discarded appliances and furniture, all forms of rubbish and junk, and disorderly or unsightly piles of building materials, with the exception of those items associated with work in progress. No more than one unregistered vehicle is permitted on any lot or contiguous lots of the same ownership. Section 311. Fuel Tanks No above -ground fuel tanks of any kind installed to serve a residential building shall be permitted in the front yard. 54 Town of Groton Land Use & Development Code of 2011 Section 312. Street Number The Code Enforcement Officer shall assign or approve all street address numbers. All principal buildings shall have conspicuously displayed street numbers. Said numbers shall be of a contrasting color and displayed where they can be clearly seen from the street. Said numbers shall be at least 4 1/2 inches high with a 1/2 inch stroke. When the principal buildings are not visible from, or are located at a distance from the street, such street numbers shall be displayed in a visible area close to the street. Section 313. Porches, Patios and Decks When determining the maximum amount of lot coverage allowed in the district regulations (Section 342-350), a porch, patio or deck which has a roof, even if it is open on the sides, is included in the lot coverage but is not counted in the square footage of the building. Unroofed porches, decks, and permeable patios, as well as steps, are not included when determining maximum lot coverage. - This section does not replace the requirements of Section 308, Clear Vision Areas, where it applies. Section 314. Fences and Walls Fences and Walls are not included when determining maximum lot coverage. Fences and walls over 6 feet high and all pool fences or pool fence replacements require a building permit. This section does not replace the requirements of Section 308, Clear Vision Areas, where it applies. Section 315. Excavations, Abandoned Construction, and Destroyed Structures 315.1 No construction excavations shall remain open or uncovered for more than 30 days after the date on which the construction work ceased, as determined by the Code Enforcement Officer. 315.2 Any abandoned construction determined by the Code Enforcement Officer to be unsafe (and therefore a hazard to the health, safety, and general welfare of the community) must be demolished or substantial progress must be made to bring the structure in conformance to the New York State Uniform Building Code within thirty days of the date on which the owner is notified by official correspondence that the facility is unsafe. A Demolition Permit must be obtained and, if applicable according to State Labor Law, the appropriate asbestos abatement plan shall be submitted before issuance of such Demolition Permit. 315.3 Any excavation or exposed basement remaining after the destruction of a 55 Town of Groton Land Use & Development Code of 2011 structure from any cause must be covered or filled within 30 days except that in the case of a structure being deliberately demolished, any excavation or exposed basement must be filled or covered at the time of demolition work. 315.4 Fencing or similar safety measures shall be provided around excavations, unsafe buildings, damaged structures, construction sites, and other hazardous sites, immediately upon the determination by the Code Enforcement Officer that it is necessary in the interest of public safety. Section 316. Unsafe Structures 316.1 Purpose. Unsafe structures pose a threat to life and property in the Town of Groton. Structures may become unsafe by reason of damage by fire, the elements, age, or general deterioration. Vacant buildings and structures not properly secured also serve as a tempting and dangerous nuisance, as well as serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this section to provide for the safety, health protection, and general welfare of persons and property in the Town of Groton by requiring that unsafe structures be repaired and/or secured or demolished and removed. 316.2 Investigation and Report. The Code Enforcement Officer shall make an inspection of a structure and report in writing to the Town Board as to his findings and recommendations in regard to the repair or demolition and removal when in the opinion of the Code Enforcement Officer or upon receipt of information that a structure a. is or may become dangerous, unsanitary, or unsafe to the general public; b. is open at the doorways, windows, or any other possible point of entry, making it accessible to and an object of temptation to trespassers; c. is or may become a place of rodent infestation, d. presents any other danger to the health, safety, and general welfare of the public; or e. is unfit for the purpose for which it was intended to be used. 316.3 Town Board Order. The Town Board shall consider the report and if it makes a determination that the structure is unsafe and/or dangerous, shall pass a resolution stating that the structure is unsafe and dangerous and order its repair, if it can be safely repaired, or its demolition and removal. The resolution shall order that a notice be served upon the owners of record pursuant to this section. 316.4 Contents of Notice. The notice shall contain the following: a. owner of record; b. mailing address; 56 Town of Groton Land Use & Development Code of 2011 c. physical address of property, d. tax map number, e. a statement as to why it has been determined that the structure is unsafe and/or dangerous; f. an order outlining the manner in which the structure is to be made safe and/or secure or demolished and removed, g. a statement that the securing or removal of such structure shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter, unless the time is extended by consent of the Town Board; h. a date, time, and place for a hearing before the Town Board in relation to such unsafe structure, which shall be scheduled not less than five business days from the date of service of the notice; and a statement that in the event of neglect or refusal to comply with the notice an application shall be made to an appropriate Court of the State of New York for an order determining the structure to be a public nuisance and directing that it shall be repaired and/or secured or demolished and removed, and that the expenses of the proceeding, including the actual cost of securing or removing such structure shall be assessed against the land on which it is located. 316.5 Service of Notice. The notice shall be served by personal service upon the owner, executor, administrator, agent, lessee, or any person having a vested or contingent interest in such unsafe structure as shown by the current tax roll. If no such person can be reasonably found, two copies of the notice shall be mailed, one by regular mail and one by registered, return receipt mail, to such person's last known address as shown on the current tax roll; and by personal service of a copy of the notice upon any adult person residing in or occupying said premises if such person can be reasonably found; and by securely affixing a copy of the notice upon the unsafe structure. 316.6 Refusal to Comply; Application to Court. In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board, and after the hearing, the Town Board may, by resolution, direct the Attorney for the Town of Groton to make an application to an appropriate Court of the State of New York for an order determining the structure to be a public nuisance and directing that it shall be repaired and/or secured or demolished and removed. 316.7 Assessment of Expenses. All expenses incurred by the Town of Groton in connection with the proceedings to repair and/or secure or demolish and remove the unsafe structure, shall be assessed against the land on which such structure is located and shall be levied and collected in the same manner as a special district levy, one time charge pursuant to New York State Town Law. 57 Town of Groton Land Use & Development Code of 2011 316.8 Emergency Cases. Where it reasonably appears that there is a present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe structure is immediately repaired and/or secured or demolished and removed, the Town Board may by resolution authorize the Code Enforcement Officer to immediately cause the repair and/or securing or demolition and removal of such unsafe structure. All expenses shall be a charge against the land on which such structure is located and shall be levied and collected in the same manner as a special district levy, one time charge pursuant to New York State Town Law. section 317. Disability Ramps Where a disability ramp is needed at a residence, the Code Enforcement Officer may, at his discretion, decrease or eliminate the area requirements (primarily set -back requirements) for the district in which the residence is located. Although a Building Permit shall be required, no fee shall be charged. Sections 318-329: reserved. Section 330. Establishment of Districts For the purposes specified in Section 300 of these regulations and in accordance with Section 262 of New York State Town Law, the following districts are hereby established in the Town of Groton. Districts are mapped as shown on the Zoning Map. Section 331. Basic Districts Basic districts regulate the general pattern of development in the Town. All of the Town is in one or another of these basic districts: Rural Agricultural (RA), Low Intensity (L), Medium Intensity One (M1), Medium Intensity Two (M2), Highway Commercial/ Industrial (H), Industrial One (11), and Industrial Two (12). These districts are further defined in Sections 342-350 Section 332. Flood Hazard Area Combining District (FH) 332.1 Intent. The intent of the FH - Flood Hazard Area Combining District is to provide for sensible controls over future development in the flood hazard areas so as to minimize public and private losses due to flood conditions in specified areas. 332.2 Zones Designations. The Federal Emergency Management Agency (FEMA) has identified the areas of special flood hazard on Flood Insurance Rate Map (FIRM) 01-06, Community Number 361217A, dated October 5, 1984. FEMA has determined that the Town of Groton's special flood hazard area is small in size, with minimal flooding problems, and that existing conditions indicate that the area is unlikely to be developed in the foreseeable future. Most of the Town of Groton falls within the C Zone - Areas outside the 500 -year flood. The special flood hazard areas are in the A Zone - Areas of 100 -year flood in which base flood elevations and flood hazard factors have not been determined. 58