HomeMy WebLinkAbout2018 CodeTown of Groton Land Use & Development Code
1
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.
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.
Town of Groton Land Use & Development Code
2
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.
Town of Groton Land Use & Development Code
3
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.
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.
Town of Groton Land Use & Development Code
4
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:
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.
Town of Groton Land Use & Development Code
5
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.”
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
Town of Groton Land Use & Development Code
6
designated as Zone A, AE, AH, AO, A1-99, 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.
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.
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
is maintained as permanent open space. Cluster Subdivisions are permitted in the RA, L,
and M1 districts.
Code: Unless otherwise indicated, the term Code means the Town of Groton Land Use
and Development Code of 2009 or any part thereof.
Town of Groton Land Use & Development Code
7
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, but not limited
to, washing, cleaning, crushing, stockpiling or other processing at the mine location that
makes the material suitable for wholesale or retail sale.
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.
Consolidation: The uniting of one or more parcels of land into one lot. Requests for
consolidation should be made to the Tompkins County Department of Assessment, not
the Town of Groton, and shall meet all Department of Assessment requirements. The
splitting of the consolidated parcels in the future shall require subdivision approval.
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.
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.
Town of Groton Land Use & Development Code
8
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.
Green Energy Production - Small Scale: A solar, wind, or biomass energy system
that has the primary function of serving the building(s) or structure(s) with which it is
associated on the same lot.
Green Energy Production- Large Scale: A solar or wind energy system that has a
primary function of transferring electricity to a public electric grid but may also be for
onsite use.
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.
Town of Groton Land Use & Development Code
9
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.
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.
Town of Groton Land Use & Development Code
10
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 Adjustment: A means by which a boundary line dividing existing and
adjoining lots is adjusted or moved. A lot line adjustment is not a subdivision and may
be granted by the Town of Groton Code Enforcement Officer pursuant to the
Administrative Lot Line Adjustment procedure outlined in Section 218 of this Code.
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.
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.
Town of Groton Land Use & Development Code
11
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
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.
ծ鈰
Town of Groton Land Use & Development Code
12
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.
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
by emphasis on the depiction or description of “specified sexual activities” or
“specified anatomical areas” as defined in this Code; or
տ
Town of Groton Land Use & Development Code
13
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 façade, 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.
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.
ծ
Town of Groton Land Use & Development Code
14
Structure: That which is built or constructed.
Subdivision: Division of a lot into two or more separate lots of record. No distinction is
made between subdivision and re-subdivision. An Administrative Lot Line Adjustment
shall not be considered a subdivision (See Section 218 of this Code.)
Subdivision - Exempt: The division of any parcel into two lots. A 2-lot subdivision
may be considered exempt and granted by the Code Enforcement Officer where each
of the requirements of Section 219 of this Code is strictly met.
Subdivision Major - Level 1 to read: Subdivision of land that results in five 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.
Subdivision Major - Level 2 to read: Subdivision of land that results in five 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.
Subdivision Minor to read: Subdivision of land that results in two to four total 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.
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.
տL
Town of Groton Land Use & Development Code
15
Error!
A: Corner Lot
B: Double Frontage Lot
C: Residential Flag Lot
D. Commercial Flag Lot
Figure 1-A - Lots
Figure 1-B - Yards
A: Front Yard
B: Side Yard
C: Rear Yard
Setback Line
Buildable Area
Of Lot
B/C
B/C
ꁐշ
Town of Groton Land Use & Development Code of 2011
16
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 Groton.
Section 201. Declaration of Policy
201.1 By the authority of the resolution of the Town Board of the Town of Groton and
pursuant to the provisions of Article 16 of the 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.
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.
ս널
Town of Groton Land Use & Development Code of 2011
17
Section 202. Applicability and Legal Effect
202.1 Applicability. These regulations apply to:
a. all division of land into two or more separate lots of record (including flag lots),
whether new streets, public facilities, or utility extensions are involved or not,
b. 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.
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.
ս묰
Town of Groton Land Use & Development Code of 2011
18
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 (l 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
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 Draft 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.
ս묰
Town of Groton Land Use & Development Code of 2011
19
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. Exempt Subdivision, 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:
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 Exempt Subdivision, 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.
ս묰
Town of Groton Land Use & Development Code of 2011
20
Figure 2-A. Subdivision Classification Procedure.
ս묰
Town of Groton Land Use & Development Code of 2011
21
Section 218. Administrative Lot Line Adjustment
218.1 A lot line adjustment is a means by which a boundary line dividing two
contiguous lots is adjusted or moved. A change in the location of the boundary line
effectively creates two lots with new dimensions. However, lot line adjustments may
involve more than two contiguous lots. Adjustments can be made whether the lots are
owned by a single landowner or through an agreement between different owners.
218.2 An Administrative Lot Line Adjustment shall not be considered a Subdivision and
may be granted by the Town of Groton Code Enforcement Officer, without the need to
come before the Town of Groton Planning Board for approval, under the following
conditions:
a. No additional lots shall be created. The same number of lots may be created
with new dimensions, or fewer lots can be created.
b. The adjustment shall not cause a parcel to contain insufficient area or
dimensions that would then be in violation of the area regulations set forth in
Section 342, or any other section, of this Code.
c. The adjustment shall not cause any existing building or structure to be in violation
of the Minimum Yard Depth or Maximum Lot Coverage regulations set forth in
Section 342, or any other section, of this Code
d. If any parcel, building, or structure is nonconforming prior to the adjustment, the
proposed adjustment must not increase the degree of nonconformity.
e. If the involved parcels of land are owned by one or more people, all owners must
be in agreement and all owners shall sign the application for an Administrative
Lot Line Adjustment.
218.3 An application shall be submitted to the Groton Town Clerk’s Office, signed
by all land owners and including a fee set by the Town Board. A sketch plan shall be
attached showing current lot lines for all parcels and proposed adjustments to the lot
lines. Any existing buildings or structures shall be included on the sketch plan together
with all current and proposed distances from lot lines. Alternatively, new signed and
certified survey maps may be submitted that reflect the above information. The Code
Enforcement Officer may require any additional information that is deemed necessary.
218.4 Within 15 days of the date that a complete application, together with the fee, has
been filed with the Town Clerk, the Code Enforcement Officer shall complete the review
of the application and grant either approval, conditional approval, or deny the Lot Line
Adjustment.
218.5 If the applicant has submitted signed and certified survey maps with the
application, the Code Enforcement Officer may approve the Administrative Lot Line
Adjustment and affix a stamp of approval.
If the applicant does not have survey maps, the Code Enforcement Officer may grant
Conditional Approval contingent upon submission of signed and certified survey maps.
The new survey maps shall be submitted for a stamp of approval within 180 days after
the grant of Conditional Approval.
The applicant shall supply at least 3 official survey maps to be stamped by the Code
Enforcement Officer: one for the file, one for the Tompkins County Department of
ս묰
Town of Groton Land Use & Development Code of 2011
22
Assessment and one for the Tompkins County Clerk. The applicant may provide as
many additional copies as they wish to be stamped for their own use.
The approval of the Administrative Lot Line Adjustment authorizes, but does not create,
the new boundary lines. Ultimately the private owner or owners must legally convey the
property. Within 62 days of the Code Enforcement Officer’s stamp of approval, the
survey maps must be filed with the Tompkins County Department of Assessment and
the Tompkins County Clerk. Failure to meet either of these deadlines shall constitute
expiration of approval.
218.6 If for any reason the Code Enforcement Officer believes that the lot line
adjustment doesn’t meet the above requirements, or believes that there are special
circumstances involved such as the intent of a prior subdivision; unique topography; the
effects on adjacent lots, agriculture, or the environment; or any other concern, the
Administrative Lot Line Adjustment may be denied and/or referred to the Planning
Board for further review and a final determination.
218.7 The Code Enforcement Officer’s determination under this Section shall not be
subject to an appeal to the Town of Groton Zoning Board of Appeals. Instead,
applicants denied an Administrative Lot Line Adjustments by the Code Enforcement
Officer shall have the right to apply directly to the Town Planning Board for review and a
determination by said Board.
219. Exempt Subdivision
219.1 The intent of an Exempt Subdivision is to allow, under certain circumstances, for
simple divisions of a parcel into two lots to be approved by the Town of Groton Code
Enforcement Officer without the necessity of appearing before the Town of Groton
Planning Board.
219.2 To be considered exempt, a 2-lot Subdivision shall strictly meet all of the
following criteria:
a. Each of the resulting two lots shall conform to all regulations for Lot Area and
Frontage requirements set forth in Section 342, or any other section, of this
Code.
b. The Exempt Subdivision shall not cause any existing building or structure to be in
violation of the Minimum Yard Depth or Maximum Lot Coverage regulations set
forth in Section 342, or any other section, of this Code. If any building, or
structure is nonconforming prior to the adjustment, the proposed adjustment
must not increase the degree of nonconformity.
c. None of the land shall contain any New York State designated or Federally
designated wetland.
d. The original parcel of land shall not have been part of an Exempt, Minor or Major
Subdivision within the past three years.
e. There have been no variances granted to the original parcel of land.
f. The action shall not trigger a Type I State Environmental Quality Review.
ս묰
Town of Groton Land Use & Development Code of 2011
23
219.3 An application shall be submitted at the Groton Town Clerk’s Office along with
the following:
a. A sketch plan, drawn to scale and showing the current parcel and the proposed
Subdivision with all lot lines, distances, and acreage of each of the two proposed
lots. The sketch plan shall also show any existing buildings or structures, wells,
septic systems, and driveways together with all current and proposed distances
from current lot lines and proposed lot lines. Alternatively, a signed and certified
survey map of the proposed Subdivision may be submitted.
b. Part 1 of the Short-Form Environmental Assessment Form.
c. Any other additional information that the Code Enforcement Officer may deem as
necessary.
d. A fee established by the Groton Town Board.
219.4 Within 15 days of the date that a complete application, together with the fee, has
been filed with the Town Clerk, the Code Enforcement Officer shall complete his review
of the application and grant either approval, conditional approval, or deny the Exempt
Subdivision.
219.5 If the applicant has submitted a signed and certified survey map with the
application, the Code Enforcement Officer may approve the Exempt Subdivision and
affix a stamp of approval.
If the applicant does not have a survey map, the Code Enforcement Officer may grant
Conditional Approval contingent upon submission of a signed and certified survey map.
The new survey map shall be submitted for a stamp of approval within 180 days after
the grant of Conditional Approval.
The applicant shall supply at least 3 official survey maps to be stamped by the Code
Enforcement Officer: one for the file, one for the Tompkins County Department of
Assessment and one for the Tompkins County Clerk. The applicant may provide as
many additional copies as they wish to be stamped for their own use.
Within 62 days of the Code Enforcement Officer’s stamp of approval, the survey map
must be filed with the Tompkins County Department of Assessment and the Tompkins
County Clerk. Failure to meet either of these deadlines shall constitute expiration of
approval.
219.6 The Code Enforcement Officer shall deny the application for an Exempt
Subdivision and refer it to the Planning Board for further review and a final
determination under Minor Subdivision Review in Section 220 of this Code if for any
reason the Code Enforcement Officer believes that the proposed action
a. does not meet all of the above requirements of an Exempt Subdivision, or
b. involves special circumstances, such as the intent of a prior subdivision;
unique topography; the effects on adjacent lots, agriculture or the
environment; or any other concern, or
c. is a Type I Action upon completion of the Short-Form Environmental
Assessment Form.
ս묰
Town of Groton Land Use & Development Code of 2011
24
219.7The Code Enforcement Officer’s determination in regard to this Section shall not
be subject to an appeal to the Town of Groton Zoning Board of Appeals. Instead,
applicants not in agreement with the decision of the Code Enforcement Officer under
this Section shall have the right to apply directly to the Town Planning Board for a Minor
Subdivision under Section 220 of this Code
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 (SEQR) 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.
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.
Town of Groton Land Use & Development Code of 2011
25
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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
26
Sections 225-229: reserved.
Page Left Blank
Town of Groton Land Use & Development Code of 2011
27
Section 230. Major Subdivision - Level 1 - Review Procedure
Major Subdivision Level 1 review procedure may be used for a subdivision with five 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 (SEQR) 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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
28
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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
29
Sections 235-239. Reserved
Page Left Blank
Town of Groton Land Use & Development Code of 2011
30
Section 240. Major Subdivision - Level 2 - Review Procedure
Major Subdivision Level 2 Review Procedure shall be used for a subdivision with five 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 (SEQR) 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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
31
k. Storm drainage plan indicating the approximate location and size of proposed lines
and their profiles. Connection to existing or alternate means of disposal.
l. 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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
32
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
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
ս쬰
Town of Groton Land Use & Development Code of 2011
33
preparation of the Final Subdivision Plat, which will be submitted for approval of the
Planning Board and for recording upon fulfillment of the requirements of this Code.
245.5 Further Changes May Be Required. Prior to approval of the Final Subdivision Plat,
the Planning Board may require additional changes as a result of further study of the
subdivision in final form or as a result of new information obtained at the Public Hearing.
245.6 Failure of the Planning Board to act within the time period prescribed in Section
245.1 shall constitute approval of the Preliminary Plat.
Sections 246-249: reserved.
Section 250. Major Subdivision - 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.
ս쬰
Town of Groton Land Use & Development Code of 2011
34
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.
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
ս쬰
Town of Groton Land Use & Development Code of 2011
35
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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
36
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
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
37
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
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
ս쬰
Town of Groton Land Use & Development Code of 2011
38
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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
39
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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
40
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 (SEQR) 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.
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.
l. 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
ս쬰
Town of Groton Land Use & Development Code of 2011
41
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.
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 l & 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.
ս쬰
Town of Groton Land Use & Development Code of 2011
42
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.
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.
Such reimbursable costs shall be paid to the Town of Groton prior to the issuance of any
Building Permit.
ս쬰
Town of Groton Land Use & Development Code of 2011
43
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.
i. 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 ½ inches high with a ½ 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.
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.
l. 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
ս쬰
Town of Groton Land Use & Development Code of 2011
44
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
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
ս쬰
Town of Groton Land Use & Development Code of 2011
45
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.
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,
ս쬰
Town of Groton Land Use & Development Code of 2011
46
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.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
47
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.
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
ս쬰
Town of Groton Land Use & Development Code of 2011
48
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.
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
ս쬰
Town of Groton Land Use & Development Code of 2011
49
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.
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
ս쬰
Town of Groton Land Use & Development Code of 2011
50
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).
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
ս판
Town of Groton Land Use & Development Code of 2011
51
improvements.
Such money may also be used for the physical improvement of existing parks or
recreation areas serving the general neighborhood in which the land shown on the plat is
situated, providing the Planning Board finds there is a need for such improvements.
278.5 Reserve Strips Prohibited. Reserve strips of land, which might be used to control
access from the proposed subdivision to any neighboring property, or to any land within
the subdivision itself shall be prohibited.
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.
ս쬰
Town of Groton Land Use & Development Code of 2011
52
Page Left Blank
Town of Groton Land Use & Development Code
53
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.
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
ս쬰
Town of Groton Land Use & Development Code
54
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
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.
ս펰
Town of Groton Land Use & Development Code
55
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.
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 ½ inches high with a ½ 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.
ս쬰
Town of Groton Land Use & Development Code
56
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
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;
ս쬰
Town of Groton Land Use & Development Code
57
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;
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
i. 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.
ս퐠
Town of Groton Land Use & Development Code
58
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.
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.
ս쬰
Town of Groton Land Use & Development Code
59
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 (I1), and Industrial Two (I2). 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.
332.3 Regulations. The areas of special flood hazard are regulated by Local Law #2 of
1987 for the Town of Groton entitled “A Local Law for Flood Damage Prevention.” A
copy of the FIRM and the Local Law are provided in Appendix E. Full sized maps are
available for view at the Code Enforcement Office. When an application for
development in a Special Flood Hazard Area is submitted, the Code Enforcement
Officer shall apply all requirements of the Town of Groton Local Law for Flood Damage
Prevention.
In addition, development in areas of special flood hazard shall be subject to any other
applicable rules or regulations pursuant to the New York State Building Code, and to
any other agency having jurisdiction, including but not limited to the Federal Emergency
Management Agency, the State Emergency Management Agency, and the New York
State Department of Environmental Conservation.
332.4 Reservation. The Town Board reserves the right to request a FEMA study, or to
conduct its own study, with regard to areas of special flood hazard which may result in
updates to the FIRM and/or the Local Law for Flood Damage Prevention. This section
shall apply to any updates.
Section 333. Planned Unit Development: (PUD)
A Planned Unit Development District is established when a developer applies for it and
the Planned Unit Development procedure set forth in Section 443 is completed. The
Planning Board reviewing an application may decide that due to the scale, expected
impact, location, or other factors, the application should be resubmitted to the Town
ս쬰
Town of Groton Land Use & Development Code
60
Board as a Planned Unit Development proposal.
Establishment of a Planned Unit Development District constitutes an amendment to this
Code and the Zoning Map, in that it replaces the entire district regulations with the
provisions of the Planned Unit Development Amendment adopted according to the
procedure set forth in Section 443. Planned Unit Development districts shall be
identified individually, e.g., PUD 1, PUD 2, etc. and shall be inserted and described in
Sections 350.
Section 334. Interpretation of the Zoning Map
In determining boundaries of Zoning Districts, the Code Enforcement Officer uses the
following guidelines:
a. Where the Zoning Map indicates a boundary approximately following a stream,
street, or road it shall be interpreted to follow the centerline of said stream, street,
and road as shown on lots of record at the time these regulations became
effective.
b. Where the Zoning Map indicates a boundary approximately following a lot line,
the lot line is the boundary.
c. Where boundaries are shown approximately parallel to a street, highway, or
railroad, they are intended to be parallel and at a distance from the street,
highway, or railroad right-of-way as indicated on the Zoning Map. If no
dimensions are shown, the distance is to be scaled on the Zoning Map.
d. In any case where the location of a Zoning District boundary line is in question
the boundary line shall be determined by the Code Enforcement Officer through
use of the scale on the Zoning Map.
e. When a lot is divided by a district boundary, the regulations and requirements of
either district may be extended as the applicant chooses for a distance of 100
feet beyond the district boundary, but not across any lot line.
Section 335. Town of Groton Zoning Map
For reference, the Town of Groton Zoning Map, adopted under the authority of New
York State New York State Town Law, Section 264, is included here.
Section 336 339: reserved.
ս쬰
Town of Groton Land Use & Development Code
61
Section 340. District Regulations
For the purposes specified in Section 300, the Town of Groton is divided into Zoning
Districts. Within each Zoning District the regulations are uniform, but the regulations
may differ from one Zoning District to another.
Basic Zoning District regulations, which regulate the general pattern of development in
the Town, are found in Sections 342-350.
There are two general kinds of basic Zoning District regulations:
a. Land Use regulations, which are expressed in terms of Land Use Activities.
These regulations are found in tabular form in Section 341.
b. Area regulations, relating to minimum area, yard depth, frontage on a public
road, and maximum height of a structure. These regulations are found in
Sections 342-350
Section 341. Land Use Activities
The following table lists the land use activities permitted in the Town of Groton and
specifies the basic district in which each activity is permitted. Each activity is subject to
all of the general and special regulations related to the basic district in which the land
use activity is located.
341.1 Land Uses Not Listed on the Land Use Table
Land Uses not listed on the Land Use Table are considered to be prohibited pursuant to
Section 302 of this Article. However it is recognized that an applicant may be seeking a
land use that does not clearly fall within any of the categories contained in the Land Use
Table, Section 341. In such cases the Code Enforcement Officer shall:
a. deny the land use being sought as prohibited and/or
b. advise the applicant to make an appeal to the Zoning Board of Appeals for an
interpretation and/or
c. refer the application to the Town Board for review and possible consideration of
an amendment to this Code.
The Code Enforcement Officer may consult with any board or agency before rendering
his/her decision. Notice of such decision shall be made in writing to the applicant, and
copies provided to the Planning Board, the Town Board, the Zoning Board of Appeals,
the Attorney for the Town, and the Town Clerk.
ս퓀
Town of Groton Land Use & Development Code
62
Land Use Table (Amended 1/9/2018)
R - Permitted by Right, SP - Site Plan, TBSP - Town Board Approved Special Permit
Land Uses RA Rural Ag L Low Intensity M1 Med Intensity 1 M2 Med Intensity 2 H Highway Commercial/ Industrial I 1 Industrial 1 I 2 Industrial 2 Accessory apartment R R R R R
Accessory buildings R R R R R R R
Accessory structures R R R R R R R
Adult care 1 - home SP SP SP SP SP
Adult care 2 - group SP SP SP SP SP
Adult care 3 - center SP SP SP SP
Agricultural commercial enterprises SP SP SP SP SP SP
Agriculture/Farming R R R R R R R
Auction establishment SP SP SP SP SP
Automobile, truck, marine or other vehicle
sales & repair services SP SP SP SP SP SP
Banks, insurance agencies & other
financial services SP SP SP SP
Bed & breakfast inns SP SP SP SP SP
Campgrounds & recreational cabins SP SP
Car washes & similar automobile care
establishments SP SP SP SP SP
Cemeteries (Town Board Approval) TBSP TBSP TBSP TBSP
Child care - home SP SP SP SP SP
Child care - group SP SP SP SP SP
Child care - center SP SP SP SP
Churches, mosques, synagogues,
temples and other places of worship ,
offices, convents, rectories, parish houses
SP SP SP SP SP
Commercial excavation/mining TBSP TBSP TBSP TBSP
Commercial gardening, plant nurseries &
greenhouses & retail sales of plant &
gardening Products & equipment
SP SP SP SP SP SP
Commercial indoor recreation SP SP SP SP
Commercial outdoor recreation SP SP SP SP
Community centers SP SP SP SP
Construction & other contractor offices,
fabricating & repair shops, equipment &
materials storage areas
SP SP SP SP SP
Elder cottage SP SP SP SP SP
Fire stations & other public buildings SP SP SP SP SP
Flag lots, residential R R R R
Flag lots, commercial R
Freight trucking enterprises SP SP SP SP
Funeral homes SP SP SP
Golf courses SP
Green Energy Production - Large Scale TBSP TBSP TBSP TBSP
Green Energy Production - Small Scale R R R R R R R
Group quarters SP SP SP SP SP
High density housing (Town Board App.) TBSP TBSP TBSP
Home Occupation SP SP SP SP SP
Town of Groton Land Use & Development Code
63
Land Uses RA Rural Ag L Low Intensity M1 Med Intensity 1 M2 Med Intensity 2 H Highway Commercial/ Industrial I 1 Industrial 1 I 2 Industrial 2 Hospitals, nursing or convalescent homes,
residential care, assisted living,
rehabilitation facilities
SP SP SP SP SP
Hotels & motels SP SP
Junkyards (Town Board Approval) TBSP TBSP TBSP
Kennels SP SP SP SP
Landing strip & Heliport SP SP
Libraries, museums SP SP SP
Light industry SP SP SP
Manufactured Home Parks
(Town Board Approval) TBSP
Manufactured home sales SP SP SP SP
Marine & water oriented sales & services,
incl. boat storage SP SP SP SP SP
Municipal & Private fee parking lots SP
Non-commercial transmitting & receiving
antennae accessory to the principal use of
the lot
R R R R R R R
Outdoor furnaces R R SP SP SP SP SP
Portable accessory storage structure R R R R R R R
Portable tent structure R R R R R R R
Professional offices SP SP SP SP
Parks, playgrounds & Preserves R SP SP SP
Public utilities R R R R R R R
Radio, television & communication
transmission towers &
telecommunications facilities
SP SP SP SP SP
Recreation club SP SP SP SP SP SP
Research, testing & development
enterprises SP SP SP SP
Residences 1 - single-family R R R R R
Residences 2 - two-family R R R R R
Residences 3 - multi-family SP SP SP SP SP
Restaurants, eating & drinking
establishments, diners, taverns, pubs SP SP SP SP
Retail gasoline sales, including
combination with a convenience store or
restaurant
SP SP SP SP SP SP
Retail store SP SP SP SP
Retail services SP SP SP SP SP
Roadside stands R R R R R R R
Sawmills, industrial SP SP SP SP
Sawmills, non-industrial SP SP SP SP SP
Self-servicing storage facilities SP SP SP SP SP
Sexually Oriented Businesses TBSP
Schools, nursery schools, institutions of
higher education SP SP SP
Signs as regulated under Sec. 361 R R R R R R R
Vehicle body repair, reconstruction &
fabrication SP SP SP SP
Veterinary Practices, including veterinary
clinics & hospitals SP SP SP SP
Warehouse facilities for storage &
distribution of goods SP SP SP SP SP
J
Town of Groton Land Use & Development Code
64
Section 342. Rural Agricultural District (RA)
342.1 Intent. The intent of the RA - Rural Agricultural District is to protect the
agricultural land resources and rural character of the Town of Groton, to define and
establish standard regulations for specific areas in the Town of Groton and to promote
the continued economic and operational viability of agriculture enterprises as well as
recognize that a mixed pattern of land uses is an appropriate development pattern. See
Section 341, Land Use Table for allowable land uses in this district. See Section 303,
Right to Farm.
342.2 Area Regulations.
a. Lot without public sewer and public water
1. Lot Area: 1 acre (43,560 square feet) minimum
2. Frontage: 150 feet minimum
See Section 112 concerning nonconforming lots of record.
b. Lot with public sewer and/or public water
1. Lot Area: 1/2 acre (21,780 square feet) minimum
2. Frontage: 100 feet minimum
c. Minimum size dwelling
1. Must meet requirements of the NYS Uniform Building Code (Title 19)
2. No separate dwelling unit within a structure may be less than 200
square feet
d. Minimum yard depth
Front Yard: 30 feet from front lot line.
On corner lots with single family or two-family homes, one
front yard may be 24 feet. All other corner lots shall have 30
feet for both yards.
Side Yard: Primary structure: 8 feet
Detached accessory building or structure: 6 feet
Rear Yard: Primary structure: 25 feet
Detached accessory building or structure: 6 feet
e. Maximum building and structure dimensions
Height: 36 feet
See Section 309 for list of exemptions from height regulations.
f. Maximum lot coverage: 40%
ս팰
Town of Groton Land Use & Development Code
65
Section 343. Low Intensity District (L)
343.1 Intent. The legislative intent of the Low Intensity District and the following
regulations is to define and establish standard regulations for specific areas in the Town
of Groton where residential characteristics are dominant; where a low intensity,
predominantly residential land use is considered appropriate; and where careful
planning of nonresidential development is needed to promote safe, environmentally
sensitive and desirable development patterns. See Section 341, Land Use Table for
allowable land uses in this district. See Section 303, Right to Farm.
343.2 Area Regulations.
a. Lot without public sewer and public water
1. Lot Area: 1 acre (43,560 square feet) minimum
2. Frontage: 150 feet minimum
See Section 112 concerning nonconforming lots of record.
b. Lot with public sewer and/or public water
1. Lot Area: 1/2 acre (21,780 square feet) minimum
2. Frontage: 100 feet minimum
c. Minimum size dwelling
1. Must meet requirements of the NYS Uniform Building Code (Title 19)
2. No separate dwelling unit within a structure may be less than 200
square feet
d. Minimum yard depth
Front Yard: 30 feet from front lot line.
On corner lots with single family or two-family homes, one
front yard may be 24 feet. All other corner lots shall have 30
feet for both yards.
Side Yard: Primary structure: 8 feet
Detached accessory building or structure: 6 feet
Rear Yard: Primary structure: 25 feet
Detached accessory building or structure: 6 feet
e. Maximum building and structure dimensions
Height: 36 feet
See Section 309 for list of exemptions from height regulations.
f. Maximum lot coverage: 40%
ꁐշ
Town of Groton Land Use & Development Code
66
Section 344. Medium Intensity One District (M1)
344.1 Intent. The intent of the M1 - Medium Intensity One District is to provide for
opportunities for village and hamlet-scale residential and commercial developments to
serve the varied needs of local residents and to define and establish standard
regulations for specific areas in the Town of Groton to assert reasonable controls over
such development and to promote safe, environmentally sensitive and desirable
communities. See Section 341, Land Use Table for allowable land uses in this district.
See Section 303, Right to Farm.
344.2 Area Regulations.
a. Lot without public sewer and public water
1. Lot Area: 1 acre (43,560 square feet) minimum
2. Frontage: 150 feet minimum
See Section 112 concerning nonconforming lots of record.
b. Lot with public sewer and/or public water
1. Lot Area: 1/2 acre (21,780 square feet) minimum
2. Frontage: 100 feet minimum
c. Minimum size dwelling
1. Must meet requirements of the New York State Uniform Building Code
(Title 19)
2. No separate dwelling unit within a structure may be less than 200
square feet
d. Minimum yard depth
Front Yard: 30 feet from front lot line.
On corner lots with single family or two-family homes, one
front yard may be 24 feet. All other corner lots shall have 30
feet for both yards.
Side Yard: Primary structure: 8 feet
Detached accessory building or structure: 6 feet
Rear Yard: Primary structure: 25 feet
Detached accessory building or structure: 6 feet
e. Maximum building and structure dimensions
Height: 36 feet
See Section 309 for list of exemptions from height regulations.
f. Maximum lot coverage: Nonresidential lot: 80%
Residential lot: 60%
ս팀
Town of Groton Land Use & Development Code
67
Section 345. Medium Intensity Two District (M2)
345.1 Intent. The intent of the M2 - Medium Intensity Two District is to provide for
opportunities for more intensive residential development and to define and establish
standard regulations for specific areas in the Town of Groton where substantial
restrictions on nonresidential development are needed to promote safe, environmentally
sensitive and desirable communities. See Section 341, Land Use Table for allowable
land uses in this district. See Section 303, Right to Farm.
345.2 Area Regulations.
a. Lot without public sewer and public water
1. Lot Area: 1 acre (43,560 square feet) minimum
2. Frontage: 150 feet minimum
See Section 112 concerning nonconforming lots of record.
b. Lot with public sewer and/or public water
1. Lot Area: 1/2 acre (21,780 square feet) minimum
2. Frontage: 100 feet minimum
c. Minimum size dwelling
1. Must meet requirements of the NYS Uniform Building Code (Title 19)
2. No separate dwelling unit within a structure may be less than 200
square feet
d. Minimum yard depth
Front Yard: 30 feet from front lot line.
On corner lots with single family or two-family homes, one
front yard may be 24 feet. All other corner lots shall have 30
feet for both yards.
Side Yard: Primary structure: 8 feet
Detached accessory building or structure: 6 feet
Rear Yard: Primary structure: 25 feet
Detached accessory building or structure: 6 feet
e. Maximum building and structure dimensions
Height: 36 feet
See Section 309 for list of exemptions from height regulations.
f. Maximum lot coverage: Nonresidential lot: 80%
Residential lot: 60%
ս팰
Town of Groton Land Use & Development Code
68
Section 346 Highway Commercial/Industrial District (H)
346.1 Intent. The intent of the H - Highway Commercial/Industrial District is to provide
appropriate areas on or near State highways encouraging and permitting the
development and use of lands for compatible retail, commercial activities and light
industrial uses adjacent to and in the vicinity of the Village of Groton Industrial Park. It
is also the intent to protect the current and future agricultural and residential uses,
thereby creating neighborhoods of intermixed uses with diverse opportunities for living,
working and shopping. See Section 341, Land Use Table for allowable land uses in this
district. See Section 303, Right to Farm.
346.2 Area Regulations.
a. Commercial Lot without public sewer and public water
1. Lot Area: 3 acres (130,680 square feet)
2. Frontage: 250 feet
See Section 112 concerning nonconforming lots of record.
b. Commercial Lot with public sewer and/or public water
1. Lot Area: 2 acres (87,120 square feet)
2. Frontage: 200 feet
c. Residential Lot without public sewer and public water
1. Lot Area: 1 acre (43,560 square feet) minimum
2. Frontage: 150 feet minimum
See Section 112 concerning nonconforming lots of record.
d. Residential Lot with public sewer and/or public water
1. Lot Area: 1/2 acre (21,780 square feet) minimum
2. Frontage: 100 feet minimum
e. Minimum size dwelling
1. Must meet requirements of the NYS Uniform Building Code (Title 19)
2. No separate dwelling unit within a structure may be less than 200
square feet
f. Minimum yard depth
Front Yard: 30 feet from front lot line.
On corner lots, both shall be 30 feet
Side Yard: Primary structure: 10 feet
Detached accessory building or structure: 6 feet
Rear Yard: Primary structure: 25 feet
Detached accessory building or structure: 6 feet
g. Maximum building and structure dimensions
Height: 36 feet
See Section 309 for list of exemptions from height regulations.
h. Maximum lot coverage: Commercial lot: 80%
Residential lot: 60%
ꁐշ
Town of Groton Land Use & Development Code
69
Section 347. Industrial One District (I1)
347.1 Intent. The intent of the I1 - Industrial District is to delineate those areas of the
Town of Groton best suited for heavier industrial and commercial uses of an intense
nature because of location, existing facilities and existing development and of a nature
that should be confined to remote areas where noise levels, industrial processes or
other characteristics would be considered objectionable to residential areas. See
Section 341, Land Use Table for allowable land uses in this district. See Section 303,
Right to Farm.
347.2 Area Regulations.
a. Lot without public sewer and public water
1. Lot Area: 5 acres (217,800 square feet)
2. Frontage: 300 feet
See Section 112 concerning nonconforming lots of record.
b. Lot with public sewer and/or public water
1. Lot Area: 3 acres (130,380 square feet)
2. Frontage: 200 feet
c. Minimum size dwelling
1. Must meet requirements of the NYS Uniform Building Code (Title 19)
2. No separate dwelling unit within a structure may be less than 200
square feet
d. Minimum yard depth
Front Yard: 30 feet from front lot line.
On corner lots, both shall be 30 feet
Side Yard: Primary structure: 10 feet
Detached accessory building or structure: 6 feet
Rear Yard: Primary structure: 25 feet
Detached accessory building or structure: 6 feet
e. Maximum building and structure dimensions
Height: 36 feet
See Section 309 for list of exemptions from height regulations.
f. Maximum lot coverage: 80%
ս팀
Town of Groton Land Use & Development Code
70
Section 348. Industrial 2 District (I 2)
348.1 Intent. The intent of the I 2 - Industrial 2 District is to delineate those areas of the
Town of Groton best suited for certain industrial and commercial uses of an intense
nature because of location, existing facilities and existing development and of a nature
that should be confined to remote areas where noise levels or industrial processes
would be considered objectionable to residential areas. See Section 341, Land Use
Table for allowable land uses in this district. See Section 303, Right to Farm.
348.2 Area Regulations.
a. Lot without public sewer and public water
1. Lot Area: 4 acres (174,240 square feet)
2. Frontage: 300 feet
See Section 112 concerning nonconforming lots of record.
b. Lot with public sewer and/or public water
1. Lot Area: 2 acres (86,900 square feet)
2. Frontage: 200 feet
c. Minimum size dwelling
1. Must meet requirements of the NYS Uniform Building Code (Title 19)
2. No separate dwelling unit within a structure may be less than 200
square feet
d. Minimum yard depth
Front Yard: 30 feet from front lot line.
On corner lots, both shall be 30 feet
Side Yard: Primary structure: 10 feet
Detached accessory building or structure: 6 feet
Rear Yard: Primary structure: 25 feet
Detached accessory building or structure: 6 feet
e. Maximum building and structure dimensions
Height: 36 feet
See Section 309 for list of exemptions from height regulations.
f. Maximum lot coverage: 80%
Sections 349: reserved.
ꁐշ
Town of Groton Land Use & Development Code
71
Section 350: reserved for Planned Unit Development Districts.
Sections 351 - 359: reserved
ս팀
Town of Groton Land Use & Development Code
72
Section 360. Off-Street Parking Regulations
360.1 Off-street parking facilities must be provided for newly established activities as
specified in this Section. An off-street parking space must be paved or graveled,
drained, maintained, and provided with necessary access driveways. The minimum
size of an off-street parking space is 9 feet by 20 feet. Parking spaces for persons with
disabilities shall include on one side an access aisle that shall be a minimum of four feet
in width and marked as required by law. Off-street parking requirements may not be
met with spaces on the public right-o- way. All required parking spaces are considered
to be required space on the lot on which it is located, unless otherwise stipulated, and
must not be encroached upon in any way that impairs its function as required off-street
parking.
360.2 All two-family residences, multi-family residences, bed and breakfasts, and
home occupations shall have a minimum of two parking spaces per dwelling unit.
360.3 It is recognized that flexibility is desirable when planning off-street parking for
commercial and public land uses due to the wide variety of land uses and their
individual needs. The following table presents minimum standards to refer to during
Site Plan Review. At the discretion of the Planning Board, and on a project-by-project
basis, the number of parking spaces may be increased or decreased to fit the particular
needs of the land use.
Land Use Minimum
Retail such as: store; retail printing,
plumbing, welding, craft or similar shops;
retail lumber and building supplies; and
other retail sales
1 parking space per 100 sq. feet of gross
floor area, excluding storage or equipment
areas, plus 1 space for each employee.
Public assembly such as: restaurant,
tavern, bar, bowling alley, places of
worship, funeral home, theater, auditorium,
community center, indoor recreation, etc.
1 parking space per person as determined
by occupancy load, excluding storage or
equipment areas, plus 1 space for each
employee.
Services such as: bank, financial
institution, beautician, barber, business or
profession office, etc.
1 parking space per 200 sq. feet of gross
floor area, excluding storage or equipment
areas, plus 1 space for each employee.
Adult or child care group or center 1 parking space for every 5 clients and 1
space for each employee.
Hospital, nursing home, residential care,
assisted living, etc.
1 parking space for every 2 beds, plus 1
space for every employee in the largest
work shift.
Hotel, motel, lodge 1 parking space for each guestroom, plus
1 space for every 3 employees.
Industry, manufacturing, research &
development facility, warehouse,
wholesale distribution, etc.
1 space for every employee. (If company
has more than 1 work shift, number may
be adjusted during Site Plan Review.
ս팰
Town of Groton Land Use & Development Code
73
360.4 In addition to the parking spaces required in Section 360.3, there shall be parking
spaces for persons with disabilities provided as required by the New York State Uniform
Fire Protection and Building Code.
360.5 Off-Street Loading Requirements
For any industrial or commercial use in the M1 - Medium Intensity One District, H -
Highway Commercial/Industrial District, and I - Industrial District, there shall be one off-
street loading space for each 20,000 square feet of floor area or portion thereof.
Section 361. Signs
361.1 Purpose. The intent and purpose of this Section is to establish specifications for
the provision of signs in the Town of Groton which will permit proper identification and
preserve the visual character and quality of the area.
361.2 Sign Permit Required. All signs authorized by this Code require the issuance of
a Sign Permit by the Code Enforcement Officer before the installation of said sign and
at a fee set by the Town Board. The following signs are exempt from the requirement of
a Sign Permit:
a. Any sign required by law.
b. Official signs required by a governmental agency or utility.
c. Temporary signs, including but not limited to those advertising a specific
activity or event, real estate signs, contractor signs, political signs, for sale or
rent signs, yard sale signs and “free” signs. All temporary signs shall be
removed as soon as possible following the activity or event.
d. A permanent sign erected on private property, not exceeding six square feet
in area.
361.3 Illumination. No illuminated sign shall be permitted or installed or allowed to
continue which, by its design, would be distracting or hazardous to vehicular traffic or
which would shine, reflect, or flash upon adjoining premises.
361.4 Height. No sign shall be higher than the overall height of the structure of which it
is an accessory, or 25 feet, whichever is higher.
361.5 Maintenance. Any sign that has not been properly maintained may be ordered
removed by the Town Board, after the owner has received written notice.
361.6 Determining the Size of the Sign. For the purpose of this section, the size of a
sign shall be determined by the square footage of the face of the sign. If a sign is
irregular in shape or consists of independent, detached letters or symbols, the area of
the sign face is determined by measuring the square footage of the area within a
polygon completely enclosing the sign or symbol as it is intended to be installed.
361.7 Allowed Size and Number of Signs. All signs, other than those listed as
exempt in Section 361.2, require a sign permit with the maximum size and the
maximum number of signs on any property regulated according to the guidelines
presented in Table 361-A. In determining the maximum allowed size of any sign, only
one side of a two-sided sign need be measured. In zones where two signs are allowed,
the size of the two signs added together shall not exceed the maximum square footage
allowed.
ꁐշ
Town of Groton Land Use & Development Code
74
Table 361-A
Zone
Maximum
Number of
Signs Allowed
Maximum
Square Footage
Allowed
RA 2 50 sq ft
L 2 20 sq ft
M1 2 20 sq ft
M2 1 12 sq ft
H 2 100 sq ft
I1 2 50 sq ft
I2 2 50 sq ft
361.8 Exceptions. Signs shall be addressed by the Planning Board during Site Plan
Review procedures. At the discretion of the Planning Board, and on a project by project
basis, the maximum size and/or number of signs may be increased or decreased to fit
the needs of the particular land use and/or the surrounding community. Any Planning
Board requirements shall be clearly stated in a resolution and included on the Sign
Permit.
361.9 Billboards. Billboard type signs are allowed only along a State highway and
shall be placed in accordance with Title 17, part 150 of New York Codes, Rules and
Regulations (17NYCRR Part 150).
361.10 Nonconforming Signs. Any sign in existence at the time of adoption of this
Code shall be brought into conformance with this Code when modified, reconstructed or
replaced.
Section 362. Outdoor Lighting
Any lights used to illuminate the exterior of a lot, including buildings, structures, signs,
parking and pedestrian areas, landscaping or any other area, shall be designed and
installed so that the light is not directed toward any residential building on adjacent or
nearby land or in a manner that causes glare perceptible to persons operating motor
vehicles.
Section 363. Buffer Areas
Buffer Areas shall be addressed by the Planning Board during Site Plan Review
procedures. At the discretion of the Planning Board, and on a project- by-project basis,
a buffer area may be required. A buffer area may be an area of vegetation that results
in a visual barrier, a fence, a wall, an earthen berm or any combination of these or other
barriers as deemed necessary by the Planning Board to create a visual and/or noise
buffer between the subject property and adjoining properties. Any buffer required by the
Planning Board shall be planted or constructed prior to the issuance of any Certificate of
Completion by the Code Enforcement Officer.
ꁐշ
Town of Groton Land Use & Development Code
75
Section 364. Commercial Excavation Operations
Commercial excavation operations shall meet all development and performance
standards of this Code and all applicable local, State, and Federal regulations. These
standards shall apply to any activities in the Town of Groton defined as commercial
excavation where more than 500 tons or 350 cubic yards, whichever is less, of a
product is removed from the earth during 12 successive calendar months
Section 364.1 Application. The applicant shall submit the following information. This
information shall also be submitted as part of the application made to the New York
State Department of Environmental Conservation.
a. a survey of the entire property on which the commercial excavation activity
is proposed showing topography, the locations of all streams, wetland and
other bodies of water, and existing vegetation;
b. a Site Plan showing the lands to be mined, all proposed buildings or
structures, equipment maintenance, parking or storage areas, access
roadways, and all required buffer areas and visual barriers;
c. a proposed mining plan, including information on type of deposit (e.g.,
glacial, etc.), name of product (sand, gravel, clay, etc.) proposed to be
mined, type of mining operations (surface, unconsolidated, etc.),
proposed mining method, proposed mining sequences and directions,
proposed grades and slopes, location and elevation of mine floor, and
disposition of stockpiles and waste materials;
d. the proposed pollution control measures to address potential air pollution
(dust), noise pollution or water pollution (water-borne sediments); storm
water diversion and containment; hazardous waste liquid spill or run-off
containment.
e. a reclamation plan that, at a minimum, shall clearly show how the site will be
restored to either a condition similar to or compatible with that which existed
prior to any mining; some other productive use of the land: forests, pasture,
crops, wildlife area, etc.; or suitable land for subsequent development or
construction; and shall include an estimated cost of site reclamation upon the
cessation of mining operations;
f. information on the width, bearing capacity and type of road surface of all
Town of Groton roads proposed to be used by truck traffic to or from the
site; the nearest County or State highway; the weight of the vehicles
using the facility; an analysis indicating any necessary improvements to
roads including approval from authority having jurisdiction;
g. any other information deemed reasonable and necessary by the Planning
Board in its consideration of Site Plan Approval.
364.2 Set Back Requirements. In addition to regular Zoning District lot and yard
requirements the following additional set back requirements shall apply:
a. Zoning District setback requirements notwithstanding, any excavation or
quarry wall, and any equipment used for rock, gravel, soil or mineral
crushing or other processing shall be located a minimum of 250 feet from
any property boundary line or public road or highway right-of-way.
ޚ竐
Town of Groton Land Use & Development Code
76
b. Except for ingress and egress roadways, no roadways within the site
shall be closer than 200 feet from a property line.
c. No accessory buildings or structures, or equipment maintenance, parking or
storage areas, shall be closer than 100 feet from any public road or highway
right of way, or other property boundary.
d. No mining activities, buildings, structures, parking areas, equipment or
production storage areas shall be located within 100 feet from a stream or
any wetland as defined by State or Federal law.
364.3 Buffer Areas. A vegetated earthen or rock berm with a crest at least eight feet
above any adjacent public road or highway, and with a side slope not exceeding a
rise of one foot for each 2.5 feet of horizontal distance, shall be constructed and
maintained prior to commencement of mining production or sale activities.
A visual screen comprised of evergreen trees or similar vegetation, shall be planted
along any site boundary line that abuts one or more residential lots. All plantings shall
be at least eight feet in height at time of planting and be spaced so as to form an
opaque vegetative screen. The owner shall be responsible for maintaining this
vegetation buffer.
364.4 Ingress and egress. Truck access to any excavation shall be so arranged as to
minimize danger to traffic and nuisance to surrounding properties. At a minimum, there
shall be 500 feet of sight distance at the entrance to the facility. All ingress and egress
points into the site shall be secured from unauthorized access or trespass.
364.5 Reclamation Assurance. Prior to the commencement of operations the applicant
shall
a. deposit with the Town Clerk a certified check to cover the full cost of
reclaiming the site, or
b. file with the Town Clerk a performance bond to cover the cost of the required
reclamation. 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. The amount of said certified check or performance bond shall be
set by a conference between the Planning Board, the Town Board, the
Highway Superintendent, the Code Enforcement Officer and any other
consultant, engineer, or person of expertise as deemed necessary by the
Town Board.
Section 365. Elder Cottage
365.1 Purpose. It is the purpose and intent of this section to allow by Site Plan Review
the installation of Elder Cottages as accessory uses on the same lots with one-family
and two-family dwellings.
365.2 Use Limitations. An Elder Cottage shall not be occupied by more than two
persons:
a. who shall be the same persons enumerated on the application for the Elder
Cottage unit,
ޚ竐
Town of Groton Land Use & Development Code
77
b. who shall be person(s) 62 years of age or older or who shall have a doctor’s
statement that such person(s) are unable to live independently, and
c. at least one of which shall be related by blood, marriage, or adoption to one of
the owners and occupants of the principal dwelling on the lot where the Elder
Cottage is located. Subsequently, if the Elder Cottage occupant who is related to
one of the owners or occupants of the principal dwelling no longer occupies the
Elder Cottage, the other Elder Cottage occupant may remain, even if the person
is not related.
365.3 Unit Size.
a. The Elder Cottage shall not exceed 900 square feet in total floor area.
b. The minimum size of an Elder Cottage occupied by one person may be reduced
to no less than 250 square feet of enclosed floor area. The minimum size of an
Elder Cottage occupied by two persons may be reduced to no less than 500
square feet of enclosed floor area.
c. The Elder Cottage shall not exceed one story in height and under no
circumstances shall the total height exceed 20 feet.
365.4 Location Requirements.
a. An Elder Cottage shall, subject to the further limitations of this Code, be located
only on a lot where there already exists a one- or two-family dwelling.
b. No Elder Cottage shall be located within the front yard of any lot.
c. No more than one Elder Cottage shall be located on any lot.
d. The Elder Cottage shall be otherwise in conformity with all other provisions of this
Code, including lot coverage and side and rear yard setbacks.
365.5 Building Requirements.
a. An Elder Cottage shall be clearly subordinate to the principal dwelling on the lot.
Its exterior appearance and character shall be in harmony with the existing
principal dwelling.
b. An Elder Cottage shall be constructed in accordance with all applicable laws,
regulations, codes and ordinances, including the New York State Uniform Fire
Prevention and Building Code. If an Elder Cottage is a factory-manufactured
home or component, in addition to complying with any other law, it shall bear an
Insignia of Approval of the United States Department of Health and Urban
Development (HUD).
c. An Elder Cottage shall be constructed so as to be easily removable. The unit’s
foundation shall be of easily removable materials so that the lot may be restored
to its original use and appearance after removal with as little expense as
possible. No permanent fencing, walls, or other structures shall be installed or
modified that will hinder removal of the Elder Cottage from the lot.
d. Adequate water supply and sewage disposal arrangements shall be provided,
which may include connections to such facilities of the principal dwelling and
which must be approved by the Tompkins County Health Department. If an Elder
ޚ蛠
Town of Groton Land Use & Development Code
78
Cottage is located in an area where electrical, cable, and/or telephone utilities
are underground; such utilities serving the unit shall also be underground.
e. Adequate parking shall be provided for residents and visitors with added
consideration for possible access for emergency vehicles.
365.6 Site Plan Approval. The construction or placement of an Elder Cottage on a lot
shall not occur until the Planning Board has granted Site Plan Approval pursuant to the
procedures outlined in Section 440 of this Code.
The Site Plan Approval shall be for an indeterminate period of time. If at any time the
circumstances as submitted on the original application have changed, further Site Plan
Review and approval by the Planning Board may be required.
In addition to the application requirements of Section 440 of this Code, the application
for Site Plan Review for an Elder Cottage shall contain such information as the Planning
Board may require to adequately review the proposed unit, but shall contain at a
minimum:
a. Name, address and phone number of the owner of the lot.
b. Name of the occupants of the principal dwelling. (Address and phone number, if
different than owner of lot)
c. Name of the proposed occupants of the Elder Cottage.
d. Age of the proposed occupants of the Elder Cottage. If occupant is under 62
years of age, a doctor’s statement that such person is unable to live
independently.
e. Relationship of the Elder Cottage occupants to the owners and occupants of the
principal dwelling.
f. Agreement to remove the Elder Cottage when it no longer qualifies as such.
g. Consent for the Town to enter on the property and to remove the Elder Cottage if
the owner fails to timely remove it, as set forth in Section 365.8.
365.7 Issuance of Building Permit. Following approval of the Site Plan Review, the
applicant may apply to the Code Enforcement Officer for a Building Permit.
365.8 Expiration of Site Plan Approval. The Site Plan Approval shall terminate 90 days
after:
a. the death or permanent change of residence of the original occupant or
occupants of the Elder Cottage, or
b. any of the occupancy requirements set forth in this Section are no longer met.
Without limiting other evidence of a permanent change of residence, continuous
absence from the Elder Cottage of a person for a period of 90 consecutive days shall be
considered to be a permanent change of residence.
During the 90-day period following any of the events set forth in 365.8(a) and 365.8(b),
the Elder Cottage, including its foundation, shall be removed, and the site shall be
restored so that no visible evidence of the Elder Cottage and its accessory elements
remains, or a new application for an Elder Cottage shall be submitted.
ޚ竐
Town of Groton Land Use & Development Code
79
If the Elder Cottage has not been removed by the end of the 90-day period, in addition
to the existing sanctions in this Code, actions to insure removal may be taken, including
removal and salvage by the Town and 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 366. Green Energy Production- Small Scale (Amended 1/9/2018)
366.1 Purpose. It is the purpose of this section to provide for and encourage Green
Energy Production installations that allow constituents to be self sufficient but also
minimize adverse impacts on neighboring properties.
366.2 Small Scale Solar Installations. A small scale solar installation includes the
production of electricity through solar photovoltaic cells, panels or arrays, and/or solar
installations for the heating of air or water and has a total surface area not exceeding
4,000 square feet. Energy produced shall be used completely or partially on site and be
secondary to the use of the premises for other lawful purposes. All installations shall
meet all Minimum Yard Depth and Maximum Lot Coverage Regulations required for the
district in which the property is located. (See Sections 342 - 348.)
366.3 Small Biomass Installations. A small scale biomass unit used to produce
electricity shall not exceed 1000 square feet. Energy produced shall be used
completely or partially on site and be secondary to the use of the premises for other
lawful purposes. All installations shall meet all Minimum Yard Depth and Maximum Lot
Coverage Regulations required for the district in which the property is located. (See
Sections 342 - 348.) All installations shall meet all State and/or Federal emission
regulations.
366.4 Small Scale Wind Installations. A small scale wind installation shall be a wind
a wind turbine used to produce electricity to be used completely or partially on site and
be secondary to the use of the premises for other lawful purposes.
For the purpose of this section the Fall Zone is defined as an area having a radius at
least equal to the highest point of the propeller and/or any attached antennas. Said
area shall be located entirely on property owned by the applicant; shall not include
public roads; and shall not contain any structure used as habitable space.
All installations shall meet all Minimum Yard Depth Regulations, plus the distance of the
Fall Zone, as well as Maximum Lot Coverage Regulations required for the district in
which the property is located. (See Sections 342 - 348.)
366.5 Building Permits. No Small Scale Green Energy Production devices and/or
systems shall be constructed or installed without first obtaining a building permit from
the Code Official.
Section 367. Green Energy Production- Large Scale (Amended 1/9/2018)
367.1 Purpose. It is the purpose of this section to allow Large Scale Green Energy
Production as an accessory or primary use to a lot for the means of electricity
production distributed off site while maintaining the health, safety and general welfare of
ޚ稀
Town of Groton Land Use & Development Code
80
the residents of the Town of Groton, and minimizing adverse impacts to neighboring
properties.
367.2 Large Scale Solar Installations. A large scale solar installation shall include
any solar photovoltaic cell, panel, or array over 4000 square feet on any one lot that has
a primary function of transferring electricity to a public electric grid but may also be for
onsite use. All installations shall meet all Minimum Yard Depth and Maximum Lot
Coverage Regulations required for the district in which the property is located. (See
Sections 342 - 348.)
367.3 Large Scale Wind Installations. A large scale wind installation shall include
wind turbines that has a primary function of transferring electricity to a public electric
grid but may also be for onsite use.
For the purpose of this section the Fall Zone is defined as an area having a radius at
least equal to the highest point of the propeller and/or any attached antennas. Said
area shall be located entirely on property owned or leased by the applicant or for which
the applicant has obtained an easement; shall not include public roads; and shall not
contain any structure used as habitable space.
All installations shall meet all Minimum Yard Depth Regulations, plus the distance of the
Fall Zone, as well as Maximum Lot Coverage Regulations required for the district in
which the property is located. (See Sections 342 - 348.)
367.4 Special Permits and Building Permits. No Large Scale Green Energy
Production devices and/or systems shall be constructed or installed without first
applying to the Town Board for a Special Permit and being approved for same.
Following approval, no Large Scale Green Energy Production devices and/or systems
shall be constructed or installed without obtaining a building permit from the Code
Official.
367.5 Requirements for Town Board Special Permit Review:
1. The applicant shall pay a fee set by the Town Board and provide ten (10) copies
of the completed Special Permit Review Application Form, which, in addition to
the requirements of Article 4, Section 442 of this Code, shall include and address
the following:
i. Plans - which shall show the layout of the system, layout of the property
including adjacent lots within 100 feet of the property lines, all existing
structures, equipment specification sheets, any easements and proximity to
the grid. All plans shall bear the seal of a professional engineer licensed in
the State of New York.
ii. Landowner agreement - Proof of the landowner’s consent if the applicant is
not the landowner.
iii. Aesthetics - On-Site electrical interconnection and distribution lines shall be
placed underground, unless otherwise required by the utility. The facility and
equipment shall have the least practical negative visual effect on the
environment as determined by the Town Board. A property operations and
maintenance plan describing continuing system upkeep as well as trimming,
mowing and a mitigation plan to address glare to traffic or residences as well
as noise where applicable.
ޚ蝠
Town of Groton Land Use & Development Code
81
iv. Security / Emergency Response - Ground mounted systems and guide
wires, shall be protected from unauthorized access by the minimum of an 8
foot fence with locking mechanism. There shall be no permanent climbing
pegs within 15 feet of the ground of any tower. Emergency contact
information shall be clearly marked at the site as well as copies of such
issued to the Town Clerk and Tompkins County Emergency Response. This
information is to be updated yearly or in the event of an ownership change.
v. Inspections - A Life Safety Inspection is required every two (2) years.
Facilities requiring a tower over 41 feet shall provide certification of seismic
design and shall be inspected every fifth year for structural integrity by a New
York State licensed engineer at the cost of the applicant, who shall provide a
copy of the inspection report to the Code Official. If an unsafe condition exists
the applicant shall have 10 days to complete the correction or file a written
plan with the Code Official. If the unsafe condition poses a serious risk to
bodily injury or significant property damage, the Code Official shall require the
facility be dismantled as per the decommissioning plan. If it is the intent of the
facility to continue operation, the unsafe system(s) shall be dismantled in
accordance with a demolition permit and a new Special Permit review will be
required.
vi. Decommissioning Plan & Agreement - The applicant shall submit a
decommissioning agreement for the removal at his/her sole expense of all
system equipment or units, structures/buildings and fencing. A list of the
unit(s) and equipment to be recycled or disposed; the destinations of
recycling or disposal; vegetation replacement of excavated ground and an
itemized cost estimate. Should the technology become obsolete or ceases to
perform its originally intended function for more than (6) consecutive months,
the Town Board shall require the removal of the system or unit, including all
associated buildings/structures on the lot to restore it to native ground unless
a new Special Permit Application is submitted.
vii. Surety Bond - At the time of obtaining a building permit, the applicant will
provide a surety bond based on the terms above, naming the Town of Groton
as the obligee, to the Town Clerk. The amount will be subject to the approval
of the Town Board, who may hire at the cost of the applicant, a Professional
Engineer to determine a cost estimate sufficient for the faithful execution of
the decommissioning plan taking into account inflation. If at any time a
Special Permit is modified, the Town Board may adjust the required amount
of the financial surety bond to adequately cover increases in the cost of the
decommissioning plan.
viii. Contract to provide Service - A copy of any contracts entered into or
intended to be entered into which describe the services to be provided by the
system.
ix. Copies of documents submitted to any other governmental agency having
jurisdiction.
b. The Town, at the expense of the applicant, may employ its own consulting
assistance to examine the application and related documentation to make
ޚ竐
Town of Groton Land Use & Development Code
82
recommendations as to whether the criteria for granting the Town Board Special Permit
Application have been met.
Section 368. Outdoor Wood Boilers
368.1 Building Permits. No outdoor wood boiler shall be constructed or installed
without first obtaining a Building Permit from the Code Enforcement Officer.
368.2 Installation. All outdoor wood boilers shall be certified by the New York State
Department of Environmental Conservation (NYSDEC) and installed according to the
NYSDEC 6NYCRR Part 247 Outdoor Wood Boilers effective April 15, 2011 and any
future amendments thereto.
368.3 Use. No outdoor wood boiler shall be used in violation of NYSDEC 6NYCRR
Part 247 Outdoor Wood Boilers.
More information can be obtained from the Code Enforcement Officer or NYSDEC.
Section 369. Roadside Stands
369.1 No roadside stand shall be located within the right-of-way of any public
road or highway. No roadside stand shall occupy more than 240 square feet of
area.
369.2 No roadside stand shall be placed in a manner that limits the sight distance on
any highway or driveway.
369.3 No parking may be provided on the shoulder of the roadway.
Section 370. Sawmills
370.1 Except for sawmills located within the (I1) Industrial One District and (I2)
Industrial Two District, the hours of operation of any sawmill shall be limited to between
7:00 AM and 7:00 PM, Monday through Saturday.
370.2 Access roadways and vehicle and equipment parking areas shall be graded and
surfaced to ensure that they are well drained and provide an all-weather surface.
370.3 Storage of logs, lumber, sawdust, bark, scrap wood, or equipment of any kind
is prohibited within any yard setback area.
370.4 For industrial sawmills, the Planning Board, during Site Plan Review, shall
require an appropriate buffer area which shall be maintained by the owner.
Section 371. Self-Storage Facilities
371.1 All self-service storage facilities shall be well maintained and kept free of litter,
abandoned, or discarded property.
371.2 No outdoor storage of any boats, automobiles, trailers, or recreational vehicles
shall be permitted on the premises.
371.3 All facilities shall be designed to ensure a minimum of 20 feet between all
ޚ稀
Town of Groton Land Use & Development Code
83
storage structures on the site and between any storage structure and any perimeter
fencing.
371.4 No storage structure shall contain more than one story or be greater than
15 feet in height.
371.5 All facilities shall be lighted in a manner that ensures a safe and secure
environment at all times.
371.6 All security fences shall be maintained in good condition.
Section 372. Portable Accessory Storage Structures
No portable accessory storage structure shall be installed or built without first obtaining
a Building Permit. No more than two portable accessory storage structures shall be
allowed on any lot or contiguous lots of the same ownership.
Section 373. Portable Tent Structures
No portable tent structure shall be installed or built without first obtaining a Building
Permit. No more than two portable tent structures shall be allowed on any lot or
contiguous lots of the same ownership.
Section 374. Sexually Oriented Businesses
374.1 Purpose. It is the purpose of this section to regulate Sexually Oriented
Businesses and to promote the health, safety and general welfare of the residents of
the Town of Groton by establishing reasonable regulations to monitor the location and
concentration of Sexually Oriented Businesses within the Town of Groton. The
provisions of this regulation have neither the purpose nor effect of imposing a limitation
on or restriction of sexually oriented materials. Similarly, it is not the intent or the effect
of this section to restrict or deny access by adults to sexually oriented materials or to
deny access by the distributors and exhibitors of sexually oriented entertainment items
to their market.
374.2 Restrictions. Sexually Oriented Businesses, as defined in this Code, shall be
permitted only in an Industrial District (I) within the Town of Groton, provided that a a
Special Permit is obtained from the Town Board and subject to the following
restrictions:
a. No Sexually Oriented Business, as defined in this Code, shall be operated
within one thousand (1000) feet of:
i. A building housing a place of worship; or
ii. A building housing a public or private elementary or secondary school; or
iii. A boundary line of any property zoned as a Low Intensity District (L),
Medium Intensity One District (M1), Medium Intensity Two District (M2) or
any property used for residential purposes as a permitted use; or
iv. A boundary line of any public or private community park, regional park
and preserve; or
ޚ蟐
Town of Groton Land Use & Development Code
84
v. A building housing any child care facility, community center, recreation
facility; or
vi. A municipal boundary line.
b. No Sexually Oriented Business, as defined in this Code, shall be operated
within one thousand (1,000) feet of another Sexually Oriented Business,
as defined in this Code.
c. No Sexually Oriented Business, as defined in this Code, shall be operated in
the same building, structure or portion thereof containing another Sexually
Oriented Business, as defined in this Code.
d. For the purpose of this section, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the nearest
wall of a building within which a Sexually Oriented Business, as defined in
this Code, is conducted, to the nearest property line of the premises of a
place of religious worship, public or private elementary or secondary
school, day care facility, or a public or private community park, regional
park and preserve, or the nearest boundary of a residential district or
residential lot.
e. For the purpose of subsection (b) of this section, the distance between any
two Sexually Oriented Businesses, as defined in this Code, shall be
measured in a straight line, without regard to intervening structures or
objects, from the nearest wall of a building within which each business is
located.
f. All Sexually Oriented Business, as defined in this Code, shall be conducted
in an enclosed building. No specified anatomical area or any specified
sexual activity, as defined in this Code, or any display, decoration, sign or
similar depiction of specified anatomical areas or specified sexual activities,
as defined in this Code, shall be visible from the exterior of any building
containing a Sexually Oriented Business, as defined in this Code, regardless
of location or distance.
374.3 Further Requirements
a. Prior to the commencement of any Sexually Oriented Business as defined in
this Code, or upon the transfer of ownership or control of any Sexually
Oriented Business, as defined in this Code, the premises housing such
business must be inspected and found to be in compliance with all laws,
rules, and regulations enforced by the Tompkins County Health Department,
Town Fire Department, Town Code Enforcement Officer and/or other
applicable enforcement officers/agencies.
b. All inspections made pursuant to this section shall be documented in a written
report within 20 days of said inspection indicating that the Sexually Oriented
Business, as defined in this Code, is or is not in compliance with all laws,
rules and regulations. Said report is to be sent to the Code Enforcement
Officer of the Town of Groton and filed with the Town Clerk.
c. The Code Enforcement Officer of the Town of Groton or other enforcement
official shall have the right to inspect the premises of a Sexually Oriented
ޚ竐
Town of Groton Land Use & Development Code
85
Business, as defined in this Code, for the purpose of ensuring compliance
with any section of this Code or any other applicable law, rule or regulation at
any time said business is occupied or open for business, or at such other
times as may be reasonable.
d. The Town of Groton Code Enforcement Officer and/or the Town of Groton
shall be allowed to take all measures necessary either pursuant to this Code,
or through the laws of New York State and the United States, by the
commencement of a legal proceedings or any other legal means to suspend
the right to conduct any Sexually Oriented Business, as defined in this Code,
in the event one of the following has occurred:
i. The Sexually Oriented Business, as defined in this Code, has violated or
is not in compliance with any section of this Code; or
ii. The owners and/or operators of the Sexually Oriented Business, as
defined in this Code, knowingly allow prostitution or other illegal
activity on the premises; or
iii. The owners and/or operators of the Sexually Oriented Business, as
defined in this Code, knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation or other sexual conduct to occur
on the premises of said business.
Section 375. Telecommunication Facility
375.1 Purpose. The purpose of these regulations is to promote health, safety, and the
general welfare of the residents of the Town; to provide standards for the safe provision
of telecommunications consistent with applicable Federal and State regulations; to
minimize the total number of telecommunications towers in the community by
encouraging shared use of existing and future towers, and the use of existing tall
buildings and other high structures; and to minimize adverse visual effects from
telecommunications towers by requiring careful siting, visual impact, visual impact
assessment and appropriate landscaping.
375.2 Site Plan Review Required. No Telecommunications Facility shall be erected in
any district of the Town unless and until the person or entity seeking to erect the same
shall have obtained approval from the Planning Board in accordance with this section
and the other provisions of this Code governing the approval of Site Plan Reviews.
375.3 General Criteria. No Site Plan Review shall be approved by the Planning Board
unless it finds that, in addition to all the requirements of Section 440 of this Code, such
Telecommunications Facility:
a. is necessary to meet current or reasonably expected demands for service;
b. conforms with all Federal and State laws and all applicable rules or
regulations promulgated by the Federal communications Commission
(hereinafter the "FCC"), the Federal Aviation Administration (hereinafter the
"FAA"), or any other Federal agencies having jurisdiction;
c. is considered a public utility in the State of New York;
d. is sited, designed and constructed in a manner which minimizes visual impact
ޚ舀
Town of Groton Land Use & Development Code
86
to the extent practical and adverse impacts upon migratory birds and other
wildlife as expressed in SEQR Review;
e. complies with all other requirements of this Code, unless expressly
superseded herein;
f. is the most appropriate site among those available within the allowed areas
for the location of a Telecommunications Facility; and
g. when concluding the construction of a tower, such tower is designed to
accommodate future shared use by at least two other telecommunication
service providers.
375.4 Co-Location. The shared use of existing Telecommunications Facilities or other
structures shall be preferred to the construction of new facilities. Any Site Plan Approval
granted shall include proof that reasonable efforts have been made to co-locate within
an existing Telecommunications Facility or upon an existing structure. The Site Plan
Review Application shall contain an evaluation of opportunities for shared use as an
alternative to a new facility.
The applicant must demonstrate that the proposed Telecommunications Facility cannot
be accommodated on existing Telecommunications Facility sites due to one or more of
the following reasons:
a. the planned equipment would exceed the structural capacity of existing and
approved telecommunications facilities or other structures, considering
existing and reasonably anticipated future use for those facilities or
structures;
b. the planned equipment would cause radio frequency interference with other
existing or planned equipment, which cannot be reasonably prevented;
c. existing or approved telecommunications facilities or other structures do not
have space and cannot be modified to provide space on which proposed
equipment can be placed so it can function effectively and reasonably; or
d. the property owner of the existing Telecommunications Facility or other
structure refuses to allow such co-location.
375.5 Dimensional Standards.
a. A fall zone around any tower constructed as part of a Telecommunications
Facility must have a radius at least equal to the height of the tower and any
attached antennas. The entire fall zone may not include public roads and
must be located on property either owned or leased by the applicant or for
which the applicant has obtained an easement, and may not, except as set
forth below, contain any structure other than those associated with the
Telecommunications Facility. If the facility is attached to an existing structure,
relief may be granted by specific permission of the Planning Board on a case-
by-case basis if it is determined by the Planning Board after submission of
competent evidence, that the waiver of this requirement will not endanger the
life, health, welfare or property of any person. In granting any such waiver, the
Planning Board may impose any conditions reasonably necessary to protect
the public or other property from potential injury.
ޚ遐
Town of Groton Land Use & Development Code
87
b. All Telecommunications Facilities shall comply with the setback, frontage,
minimum lot size, and yard standards of the underlying Zoning District as
specified in this Code and the fall zone requirements of this section. To the
extent there is a conflict, the more restrictive provision shall govern. The size
of the leased or owned lot shall be, at a minimum, sufficiently large enough to
include the entire fall zone. All lots leased or owned for the purpose of
construction of a tower as part of Telecommunications Facility shall conform,
at a minimum, to the lot size requirements of the underlying Zoning District or
the size of lot necessary to encompass the entire fall zone, whichever
requirement results in a larger lot
c. Notwithstanding provisions to the contrary in any other article of this Code,
the front, side and rear yard requirements of the underlying Zoning District in
which a Telecommunications Facility is erected shall apply not only to a
tower, but also to all tower parts including guy wires and anchors, and to any
accessory buildings.
375.6 Lighting and Marketing
a. Towers shall not be artificially lighted and marked beyond the requirements of
the FAA, FCC, or other governmental authority regulating telecommunications
facilities.
b. Notwithstanding the preceding paragraph, an applicant may be compelled to
add FAA-style lighting and marking, if in the judgment of the Planning Board,
such a requirement would be of direct benefit to public safety and would not
unduly adversely affect residents of any surrounding property.
375.7 Appearance and Buffering
a. The use of any portion of a Telecommunications Facility for signs, for
promotional or advertising purposes, including but not limited to company
name, phone numbers, banners, streamers, and balloons is prohibited.
b. The facility shall have the least practical negative visual effect on the
environment as determined by the Planning Board. Any tower that is not
subject to FAA marking as set forth above shall otherwise:
i. have galvanized finish, or shall be painted gray above the surrounding
tree line and gray or green below the tree line, as deemed appropriate by
the Planning Board, and/or
ii. be disguised or camouflaged to blend in with the surroundings, to the
extent that such alteration does not impair the ability of the facility to
perform its designed function.
c. Accessory structures shall maximize the use of building materials, colors and
textures designed to blend in with the natural surroundings.
d. Each application for a proposed facility shall be accompanied by a State
Environmental Quality Review ("SEQR").
e. The Planning Board may require additional information, such as line-of-sight
drawings, detailed elevation maps, visual simulations, before and after
ޚ苐
Town of Groton Land Use & Development Code
88
renderings, and alternate tower designs to more clearly identify adverse
impacts for the purpose of their mitigation.
f. Equipment or vehicles not used in direct support, renovations, additions or
repair of any Telecommunications Facility shall not be stored or parked on the
facility site.
375.8 Access and Parking
a. Access ways shall make maximum use of existing public or private roads to
the extent practicable. New access ways constructed solely for
telecommunications facilities must be at least 20, but no more than 60 feet
wide, and closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
b. Parking areas shall be sufficient to accommodate the usual number of service
vehicles expected on the premises at any one time. Space off from public
highways shall be provided to accommodate the greatest number of service
vehicles expected on the premises, at any one time.
c. Driveways or parking areas shall provide adequate interior turn-around, such
that service vehicles will not have to back out onto a public thoroughfare.
375.9 Security
a. Towers, anchor points of guyed towers, and accessory structures shall each
be surrounded by fencing at least eight feet in height, the top foot of which
may, at the discretion of the Planning Board in deference to the character of
the neighborhood, be comprised of three strands of barbed wire to
discourage unauthorized access to the site. The Planning Board may waive
the requirement of fencing if, in its discretion, it determines that other forms of
security are adequate, or that, by reason of location or occupancy, security
will not significantly be compromised by the omission, or reduction in size, of
the otherwise required fencing.
b. Motion-activated or staff-activated security lighting around the base of a
tower or accessory structure entrance may be provided if such lighting does
not project off the site. Such lighting should only occur when the area within
the fenced perimeters has been entered.
c. There shall be no permanent climbing pegs within 15 feet of the ground of
any tower.
d. A locked gate at the junction of the access way and a public thoroughfare
shall be required to obstruct entry by unauthorized vehicles. Such gate must
not protrude into the public right-of-way.
375.10 Engineering and Maintenance
a. Site Plans for all Telecommunications Facilities must bear the seal of a
professional engineer licensed in the State of New York. Every facility shall
be built, operated and maintained to acceptable industry standards, including
but not limited to the most recent, applicable standards of the Institute of
Electric and Electronic Engineers ("IEEE") and the American National
Standards Institute ("ANSI").
ޚ舀
Town of Groton Land Use & Development Code
89
b. Every facility shall be inspected at least every fifth year for structural integrity
by a New York State licensed engineer. A copy of the inspection report shall
be submitted to the Code Enforcement Officer of the Town. Any unsafe
condition revealed by such report shall be corrected within 10 days of
notification of same to the record landowner on which the facility is
constructed. The time period for correction may, on application of the
landowner or owner of the facility, be extended by the Planning Board if it is
impracticable to complete the correction within said 10 days and if there is no
imminent danger to life, limb or other person's property. If the unsafe
condition is not corrected within the applicable time period, or if the required
inspection is not provided to the Town, the Site Plan Approval for the facility
may, after a hearing by the Planning Board on at least 10 days prior notice to
the landowner of record given by certified mail, return receipt requested, or
other equally effective manner of providing notice, be revoked by the
Planning Board. Revocation may occur only if the Planning Board finds
either that the required inspection has not been provided or that there is an
unsafe condition which poses a risk of bodily injury or significant property
damage. Upon such revocation, the facility shall be immediately dismantled
and the bond mentioned in Section 375.11 may be used by the Town to
dismantle and remove the facility if the property owner or Telecommunication
Facility operation does not complete the dismantling.
c. A safety analysis by a qualified professional must accompany any Site Plan
application, renewal, or modification, for the purpose of certifying the general
public that electromagnetic radiation exposure does not exceed standards set
by the FCC.
d. The Town, at the expense of the applicant, may employ its own consulting
assistance to examine the application and related documentation and make
recommendations as to whether the criteria for granting the Site Plan
Application have been met, including whether the applicant's conclusions
regarding co-location, safety analysis, visual analysis, and structural
inspection, are valid and supported by generally accepted and reliable
engineering and technical data and standards.
375.11 Removal
a. At the time of submittal of the application for a Site Plan Approval for a
Telecommunications Facility, the applicant shall submit an agreement to
remove at his/her/its sole expense within 90 days, all antennas, driveways,
structures, buildings, equipment sheds, lighting, utilities, fencing, gates,
accessory equipment, or structures, as well as any tower(s) dedicated solely
for use within a Telecommunications Facility if such facility becomes
technologically obsolete or ceases to perform its originally intended function
for more than 12 consecutive months. Upon removal of said facility, the land
shall be restored to its previous condition, including but not limited to the
seeding of exposed soils.
b. At the time of obtaining a Building Permit, the applicant must provide a
financial security bond for removal of the Telecommunications Facility and
property restoration, with the Town of Groton as the assignee, in an amount
ޚ郀
Town of Groton Land Use & Development Code
90
approved by the Planning Board, but not less than twenty five thousand
dollars ($25,000.00).
c. If at any time a Site Plan is modified, the Town Board may adjust the required
amount of the financial security bond to adequately cover increases in the
cost of removal of the Telecommunications Facility and property restoration.
375.12 Application. The application for a Site Plan for the construction of a
Telecommunications Facility shall include, in addition to the other requirements set forth
in Section 440 of this Code:
a. A completed project application form in such detail and containing such
information as the Town Planning Board may require.
b. Complete application for SEQR.
c. Site Plan in accordance with the requirements of Section 440 of this Code
and in accordance with this section including, without limitation
i. The exact location, including geographic coordinates of the proposed
Telecommunications Facility, including any towers, guy wires and
anchors, if applicable;
ii. The maximum height of the proposed facility, including all appurtenances;
iii. A detail of tower type, if any, including engineering drawings from the
tower manufacturer (monopole, guyed, free-standing, or other);
iv. The location, type, and intensity of any lighting on the tower;
v. Property boundaries and names of all adjacent landowners;
vi. Proof of the landowner's consent to the erection of the facility and
agreement to abide by this Code if the applicant is not the landowner;
vii. The location of all other structures on the property and all structures on
any adjacent property within one 100 feet on the property lines, together
with the distance of these structures from any proposed tower;
viii. The location, nature and extent of any proposed fencing, landscaping and
screening; and
ix. The location and nature of any proposed utility easement and access
roads or driveways.
d. Agreement that the applicant will negotiate in good faith with any
subsequent applicant seeking to co-locate a Telecommunications Facility on
the initial applicant's structures. This agreement shall commit the initial
applicant and landowner and their respective successors in interest to:
i. Respond in a timely, comprehensive manner to a request for information
from a potential shared-use applicant;
ii. Negotiate in good faith for shared use by third parties;
iii. Allowed shared use if an applicant agrees in writing to pay reasonable
charges for same; and
iv. Make no more than a reasonable charge for shared use, based upon
ޚ舀
Town of Groton Land Use & Development Code
91
generally accepted accounting principles. The charge may include but is
not limited to a pro rata share of the cost of site selection, planning,
project administration, land cost, site design, construction and
maintenance, financing, return on equity, and depreciation, and all of the
costs of adapting the tower or equipment to accommodate a shared user
without causing electromagnetic interference or causing uses on the site
to emit electromagnetic radiation in excess of levels permitted by the
FCC.
e. The agreement for removal of the facility as stated in this Section.
f. Copies of all documents submitted to the FCC or any other governmental
agency having jurisdiction.
g. Any applicable application or other fees, including any deposits required by
the Town for the application and the costs of any consultants retained by the
Town as provided in this section to assist in reviewing the application.
375.13 Miscellaneous
a. Any Site Plan Approval granted shall be valid only for the dimensions and
number of structures for the Telecommunications Facility contained in the
original application as approved. Any subsequent changes or modifications
shall require a new application following the procedures set forth in this
Section and Section 440 of this Code.
b. In considering the application, the Planning Board, if the application is
granted, may impose such reasonable conditions as the Planning Board
may deem necessary to minimize any adverse impacts of the facility or its
construction, and/or to assure continued compliance with this Code.
376. Junkyards
376.1 Purpose. The purpose of this section is to regulate and control the storage or
keeping of junk, and to regulate junkyards whether operated for commercial profit or
otherwise. The Town of Groton Town Board hereby declares that a clean, wholesome
and attractive environment is of vital importance to the continued general welfare of the
citizens of the Town and that junk and junkyards can constitute a hazard to property and
persons and can be a public nuisance. Such materials may be, among other things,
flammable, explosive, poisonous, noxious, and environmentally harmful. Junk vehicles
and household appliances can be a alluring and dangerous. The presence of junk and
junkyards is unsightly and tends to detract from the value of surrounding properties. At
the same time it is recognized that the maintenance of junkyards is a useful and
necessary business, that when properly managed, constitutes a benefit to the Town of
Groton.
376.2 Special Permit Required.
a. No person shall establish or maintain a Junkyard within the Town of Groton
unless a Special Permit to operate a Junkyard has been approved by the Town
Board.
ޚ鄐
Town of Groton Land Use & Development Code
92
b. No person owning, having a right to, or any interest in any real property within the
Town of Groton shall rent, lease, or otherwise permit the use of such real
property or any part thereof for a Junkyard unless a Special Permit to operate a
Junkyard has first been approved by the Town Board.
c. All Special Permits to operate a Junkyard shall be issued for a period of one
year, after which an inspection and a renewal, for a fee established by the Town
Board, shall be required.
376.3 Exceptions.
a. This section shall not apply to 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.
b. A retail service specializing in the repair or reconstruction of motor vehicles shall
be allowed junk vehicles for a period of up to six months before having to remove
such vehicles or apply for a Special Permit to operate a Junkyard. The Town
Board, at its discretion, may extend the time period due to special circumstances
or hardship.
376.4 Application and Review. Application for a Special Permit to operate a Junkyard
shall be made to the Town Board. In addition to all requirements and review
procedures in Section 442 of this Code the Town Board shall also consider:
a. Location Requirements. The Town Board shall consider the nature and
development of surrounding property and whether or not the proposed location
can be reasonably protected from disturbing the public health and safety by
reason of offensive or unhealthy noise, odors, pollutants or other causes. No
junkyard shall be located within:
i. 25 feet of any adjoining property line;
ii. 500 feet of any public park, educational facility, nursing home or place of
public assembly; or
iii. 25 feet from the right-of-way of any public highway.
Distance from any stream, lake, pond, wetland or other body of water shall be
subject to New York State Department of Conservation approval.
b. Fencing. Fencing shall be required to completely surround the Junkyard and be
at least eight feet in height and constructed of a material that will create a visual
screen. A locking gate shall be provided to prohibit the entrance of children and
others into the area. Such fence shall be erected not nearer than 25 feet from
the public highway or right-of-way. The Town Board shall require that all
materials of whatever composition stored or deposited by the applicant shall be
kept within the enclosure as well as all wrecking or other work.
c. Buffer Zones. The Town Board, at its discretion, may require an additional buffer
zone. Additionally, where the topography, natural growth of timber or other
considerations accomplish the purpose of the fencing requirements in Section
337.3 (b), the fencing requirements may be reduced by the Town Board
providing that the natural barrier conforms to the purpose of this Section.
ޚ舀
Town of Groton Land Use & Development Code
93
376.5 Inspections. The Code Enforcement Officer shall inspect any Junkyard on a
yearly basis and at any other time at the request of the Town Board. Any violations
shall be noted and a report made to the Town Board.
376.6 Management. The Special Permit holder shall personally manage or be
responsible for the management of the activity or business for which the Special Permit
is granted.
376.7 Additional Restrictions.
a. The burning of any materials of whatever composition is strictly prohibited.
b. No materials of whatever composition shall be buried on the property.
c. No household furniture, included, but not limited to, sofas, chairs, mattresses,
bed frames, desks, table, chairs, and dressers shall be deposited in a Junkyard.
d. No construction debris, garbage, trash or any other item usually deposited in a
landfill shall be deposited in a Junkyard.
e. No hazardous materials shall be deposited in any Junkyard.
f. All polluting or hazardous materials shall be removed from any vehicle or any
other appliance or item and disposed of in a manner which is in conformance
with the New York State Environmental Conservation Law.
376.8 Log. Every manager of a Junkyard shall keep a Log, as required by the New
York State Department of Motor Vehicles, the New York State Department of
Environmental Conservation, and any other regulatory authority. Such Log or shall be
available for review by the Code Enforcement Officer during the annual inspection or
upon request of the Code Enforcement Officer or Town Board.
376.9 Revocation. The Town Board may revoke a Special Permit to operate a
Junkyard upon reasonable cause should the permit holder fail to comply with any
provision of this Code. Before a permit may be revoked, a Public Hearing shall be held
by the Board. Notice of said Public Hearing shall be made in the official newspaper at
least five days prior to the date of the Public Hearing. The permit holder shall be
notified by certified mail at least ten days prior to date of the Public Hearing. At the
Public Hearing the Town Board shall hear the permit holder and any other person
wishing to be heard on the revocation of the Special Permit.
Should the Town Board decide to revoke the Special Permit, the reasons for such
revocation shall be stated in the Town Board minutes and the permit holder shall be
immediately notified of the revocation by certified mail.
Section 377. Mass Gatherings
377.1 Purpose. The purpose of this section is to protect public health, welfare, safety,
peace and tranquility by regulating temporary Mass Gatherings in the outdoors within
the Town of Groton. For the purpose of this section, temporary shall mean the holding
of no more than one event within any calendar year. In addition, for the purpose of this
section, temporary shall mean that each event shall last no longer than one day (24
hour period).
ޚ酠
Town of Groton Land Use & Development Code
94
377.2 Mass Gathering Permit Required. No person, firm, corporation or company shall
hold or promote, by advertising or otherwise, a Mass Gathering unless a Mass
Gathering Permit has been approved and issued by the Town Board of the Town of
Groton.
377.3 Building Permit. The Town Board, at its discretion, may determine that a
Building Permit is required.
377.4 General Application Requirements. An application shall be submitted to the Town
Board no less than 60 days prior to the Mass Gathering, together with an application fee
in the amount set by the Town Board. This application fee and/or any part of this
application may be waived at the discretion of the Town Board. Applications shall be
available at the Town Clerk’s Office. Applications shall include:
a. Name, address, and phone number of applicant(s).
b. Name, address, phone number, and cell phone number of an individual who will
be available and responsible to receive any communication from any officer of
the Town, law enforcement officer, or emergency personnel for the duration of
the Mass Gathering.
c. Name, address, phone number, and signature of the property owner(s) of record,
if different than applicant.
d. If the applicant is a corporation, the name of the corporation and the names and
addresses of its directors shall be stated. Furthermore, if the applicant resides
outside Tompkins County, the applicant shall state the name and address of an
agent, who shall reside in or have a place of business in Tompkins County and
who shall be authorized to and shall agree by an acknowledged statement to
accept notices issued with respect to the application, construction or enforcement
of this section.
e. The proposed dates and hours of such Mass Gathering.
f. The purpose of the Mass Gathering, including the nature of the activity to be
carried on and the admission fee to be charged, if any.
g. The maximum expected number of attendees.
h. A written statement subscribed by the applicant stating that the applicant shall
not allow more persons to attend the event than is specified on the permit.
i. The proposed measures and facilities to limit the number of persons attending to
the maximum expected number.
j. The expected number of automobiles and vehicles intended to use the property
or properties at one time and collectively.
k. Completed SEQR and Agricultural Data forms.
l. Emergency evacuation plan including all free and open lanes for the use of fire
and emergency vehicles.
m. Proposed lighting or illumination.
n. Dust control, if applicable.
o. Noise control.
ޚ舀
Town of Groton Land Use & Development Code
95
p. A statement specifying whether food or beverages are intended to be prepared,
sold or distributed. If food or beverages are intended to be prepared, sold or
distributed, each applicant shall submit a statement specifying the manner of
preparation and distribution of such and the method of disposing of garbage,
trash, rubbish or any other refuse arising there from. All food vendors shall
obtain a temporary food permit from the Tompkins County Health Department.
q. A subscribed authorization from the landowner and the applicant to the Town of
Groton, the County of Tompkins and the State of New York to permit any lawful
agents to go upon the property to inspect the same to determine if there is
compliance with all other State and Local Laws, to provide adequate police and
fire protection and to protect persons and property from danger.
r. Each applicant shall submit a plan or drawing to scale showing:
i. The method and manner in which sanitary facilities are to be provided for the
disposal of human wastes.
ii. The method or manner in which water will be supplied, stored, and distributed
to those persons attending.
iii. The layout of any parking area for motor vehicles, including the means of
egress and ingress to such parking areas. Such plan shall reflect the best
and safest means of traffic control and safety for persons attending and the
general public. All parking for the gathering shall be suitable off-street
parking.
iv. The layout of any overnight camping area for attendees.
v. Any other areas of proposed activity, including but not limited to,
entertainment, amusements, sports, vendors, etc.
377.5 Insurance and bond requirements.
a. Each applicant shall submit proof of an adequate comprehensive liability
insurance policy, for a minimum amount of $1,000,000 (one million dollars),
insuring the Town of Groton, its officers and employees, from liability to persons
or property and naming the Town of Groton, its officers and employees, as being
coinsured persons or as additional insured parties. Such policy shall not be
cancelable by the insurer without a 10-day prior written notice to the Town of
Groton.
b. The Town Board may require the applicant to deposit with the Town Clerk cash
or a bond with sufficient sureties as the Town Board may reasonably require, and
conditioned that all requirements of the permit will be fully performed by the
applicant, that no damage will be done to any pubic or private property and that
the applicant will not permit any litter, debris or other refuse to remain upon any
public or private property by reason of the granting of the permit. The cash shall
be refunded or surety bond canceled upon certification of the Town Board that all
conditions of this section have been complied with. The surety bond or cash
shall serve as an indemnity to save and protect the roads, pavements, bridges,
road signs and other property of the Town of Groton, the County of Tompkins,
any other municipalities within the County of Tompkins, and any other
municipalities contiguous to the Town of Groton from any and all damage that
ޚ醰
Town of Groton Land Use & Development Code
96
may be caused by event vehicles, employees or participants.
377.6 Addition Requirements.
a. The Town Board may, at its discretion, require the applicant to submit a written
certification from the Tompkins County Sheriff, New York State Police, or New
York State Department of Transportation that the traffic control plan is
satisfactory.
b. All additional local, State and Federal laws shall be complied with. The Town
Board may require copies of any additionally required local, State or Federal
permits.
377.7 Review of Application. The Town Board, in its review of the application, shall
consider whether or not the applicant has addressed the following items adequately and
satisfactorily:
a. Parking
b. Traffic control.
c. Crowd control.
d. Noise control
e. Provision for public safety and security.
f. Sanitation facilities.
g. Medical and first aid facilities.
h. Potable water supply.
i. Fire protection.
j. Plans for complete removal of refuse and cleanup of the area and location within
24 hours following the gathering.
k. Water rescue plan, if applicable.
l. Any additional plans, reports, specifications and other material as may be
required by the Town Board with respect to the provisions of water supply,
sewerage facilities, drainage, refuse storage and disposal facilities, food
services, medical facilities, fire protection, traffic control, and security. The Town
Board may, in its discretion, place conditions on any approval given pursuant to
this section as it may deem appropriate to ensure health, safety and welfare of
the public.
377.8 Noise produced at a Mass Gathering.
a. All noise that is audible off-site shall not begin before 10:00 am nor end later than
10:00 pm.
b. When a Mass Gathering that takes place within any Low Intensity, Medium
Intensity One or Medium Intensity Two District, or if the noise source is located
within 500 feet of such district, any noise, at any time, shall not be so loud as to
interfere with the normal conversation of members of the public who are 50 feet
or more from the source of the noise.
ޚ苐
Town of Groton Land Use & Development Code
97
c. When a Mass Gathering takes place within any other Zoning District any noise,
at any time, shall not be so loud as to interfere with the normal conversation of
members of the public who are 300 feet or more from the source of the noise. In
a case where the source of the noise is less than 300 feet from any boundary line
of the property on which the Mass Gathering is taking place, the distance from
the source of the noise to the closest boundary line shall be the measurement
used in lieu of the 300 feet.
d. For the purpose of this section, the noise source shall mean any person, animal,
device, operation, process, activity, or phenomenon which emits or causes
sound.
e. For enforcement purposes, an applicant may be required to place markers at the
distances required by this section of a type and number as deemed appropriate
by the Town Board and/or Code Enforcement Officer. The location any required
markers shall be clearly shown on the plan or drawing required by Part 377.4 (r).
377.9 Revocation of Mass Gathering Permit. Any Mass Gathering Permit may be
revoked by the Town Board if it finds that the Mass Gathering for which a permit was
issued is maintained, operated or occupied in violation of this Code, the Sanitary Code
of the State of New York, or any other applicable local, State or Federal law.
377.10 Denial of application. If the Town Board shall deny any application for a Mass
Gathering Permit, the applicant shall be notified, in writing, of the disapproval and shall
include therein the reasons for such disapproval.
377.11 Transferability of Mass Gathering Permit. No Mass Gathering Permit issued by
the Town Board shall be transferred to, assigned to, or used by any person, firm,
corporation or company other than the person, firm, corporation or company to which it
was issued, nor shall any permit be used on any location other than the location stated
in the permit application.
377.12 Penalties for offenses; additional remedies.
a. A failure to comply with the provisions of Section 377 of this Code shall be
deemed a violation punishable pursuant to Section 402a of this Code.
b. In the event that any person, firm, corporation or company fails to comply with
Section 377 of this Code or if a Mass Gathering Permit has been revoked, no
Mass Gathering Permit shall be issued to said person, firm, corporation or
company for a period of five years following such failure to comply or revocation
of Mass Gathering Permit. Additionally, no Mass Gathering Permit at the same
location or on the same property shall be issued for a period of five years
following such failure to comply or revocation of the Mass Gathering Permit.
c. In addition to the above-provided penalties, the Town Board may maintain an
action in the name of the Town of Groton to an appropriate Court of the State of
New York to compel compliance with or restrain by injunction any violation of
Section 277 of this Code.
Section 378. Fireworks
378.1 Permits for Outdoor Fireworks. Pursuant to New York State Penal Law, Section
ޚL
Town of Groton Land Use & Development Code
98
405, the Town of Groton may grant a permit for the display of outdoor fireworks to
municipalities, fair associations, amusement parks, persons, or organizations of
individuals. Application for a Fireworks Permit shall be made to the Code Enforcement
Officer at least 5 days in advance of the date of the display, and shall be in compliance
with New York State Penal Law, Section 405, New York State Labor Law, Section 462,
the codes, standards and recommended practices promulgated by the most recent
edition of National
Fire Protection Association, NFPA 1123, Standards on Fireworks Displays, and any
other applicable law.
No permit for the display of outdoor fireworks shall be transferable.
378.2 Permits for Indoor Pyrotechnics. Pursuant to New York State Penal Law, Section
405, the Town of Groton may grant a permit for the display of indoor pyrotechnics to
municipalities, fair associations, amusement parks, persons, or organizations of
individuals. Application for an Indoor Pyrotechnics Permit shall be made to the Code
Enforcement Officer at least 10 days in advance of the date of the display, and shall be
in compliance with New York State Penal Law, Section 405, New York State Labor Law,
Section 462, the codes, standards and recommended practices promulgated by the
most recent edition of National Fire Protection Association, NFPA 1126, Use of
Pyrotechnics Before a Proximate Audience, and any other applicable law.
In addition to an Indoor Pyrotechnics Permit, an Operating Permit is required.
Pursuant to Local Law for the Year 2007, (a copy of which is included as Appendix A)
Section10, Operating Permits, the Code Enforcement Officer is charged with the
issuance of an Operating Permit for pyrotechnic devices in assembly occupancies.
Application shall be made 10 days before the display of pyrotechnics.
No Indoor Pyrotechnics Permit and no Operating Permit for indoor pyrotechnic displays
shall be transferable.
378.3 Notification of Emergency and Police Agencies. The applicant for an Outdoor
Fireworks Permit or Indoor Pyrotechnics Permit shall provide a copy of the application
and the approved permit to the New York State Police, the Tompkins County Sheriff,
the Village of Groton Police, Tompkins County EMS, the Groton Ambulance Service,
the Groton Fire Department, the McLean Fire Department and any other agency that
the Code Enforcement Officer or the Town Board deems necessary. The applicant
shall request that the appropriate Fire Department and Ambulance attend the display.
Any cost associated with stand-by police or emergency service shall be paid by the
applicant.
378.4 Bonds. Pursuant to Section 405 of New York State Penal Law, before receiving
a permit for a display of outdoor fireworks or indoor pyrotechnics, the applicant, unless it
is a state park, county park, city, village or town, shall provide a bond, which shall not be
less than one million dollars, conditioned for the payment of all damages, which may be
caused to a person or persons or to property, by reason of the display so permitted and
arising from any acts of the permit holder, his agents, employees, contractors or
subcontractors. Such bond shall run to the Town of Groton and shall be for the use and
benefit of any person or persons or any owner or owners of any property so injured or
damaged, and such person or persons or such owner or owners are hereby authorized
to maintain an action thereon, which right of action also shall accrue to the heirs,
կ闀
Town of Groton Land Use & Development Code
99
executors, administrators, successors or assigns of such person or persons or such
owner or owners. The Town of Groton may accept, in lieu of such bond, an indemnity
insurance policy with liability coverage and indemnity protection equivalent to the terms
and conditions upon which such bond is predicated and for the purposes provided in
this section.
378.5 Assumption of Liability by Permittee. The permittee assumes sole responsibility
for the display site and all related or adjacent areas and lands, and all injuries to
persons and damages to property. The permittee, by making application for a permit, is
and shall be deemed to have agreed to assume all responsibility for any injury or
damage that may or does occur as a result of the transportation, possession, storage,
or use of any fireworks or explosives, together with any injuries or damages caused by
the proximate audience of any such display, or any injury or damage caused in whole or
in any part by the event or display relating to traffic control, the public or private
assembly of persons, the consumption by any persons of alcoholic beverages or
controlled substances, or any construction or clean up activities undertaken in relation
to the site. Such permittee shall defend and indemnify and hold the Town of Groton,
and its officers, employees and agents, harmless from and against any, each and all
actions, causes of action, suits, debts, dues, sums of money, agreements, promises,
variances, trespasses, damages, judgments, extents, executions, claims, and demands
whatsoever, in law, admiralty or equity (all together hereafter referred to as “claims”),
including, but not limited to, reimbursement to the Town of Groton for any amount
expended for any and all experts’, consultants’, attorneys’ and engineering fees and
expenses arising from or in relation to any claim.
378.6 Permits for Manufacturers’ Quality Testing. Permits for the testing of pyrotechnic
devices by the manufacturer shall be issued on a yearly basis. The manufacturer shall
abide by all state and federal laws governing the manufacture, possession,
transportation, and sale of pyrotechnics. The manufacturer shall attest to proper
training of all employees. Yearly permits shall be for testing only. Should the
manufacturer wish to put on an actual display of fireworks, an additional permit for
outdoor fireworks or indoor pyrotechnics shall be obtained and all applicable regulations
followed.
ޚ舀
Town of Groton Land Use & Development Code
100
Article 4. Procedures and Rules
Section 400. Purposes
The provisions of Article 4 are the officially adopted procedures, standards, decision
criteria, and public notice requirements to be observed in administering this Code, and
are an integral part of this Code. They are intended to insure that all interested parties
can effectively participate in land use and development decisions in the Town of Groton.
Section 401. Code Enforcement
This Code shall be enforced by the Code Enforcement Officer, an officer of the Town,
appointed by and serving at the pleasure of the Town Board and operating in accordance
with the provisions of Local Law #1 of the Year 2007 a copy of which is included in
Appendix A. The Town Board may appoint additional officers on a temporary or
permanent basis as it deems necessary.
The Code Enforcement Officer is responsible for issuing Building Permits, Certificates of
Occupancy, Certificates of Completion, Letters of Conformance, Orders to Remedy,
Certificates of Compliance , Operating Permits, and Special Permits; explaining
provisions of this Code; interpreting and reporting to landowners the location of district
boundaries on the Zoning Map; informing applicants of all the Town regulations with
which they must comply; and referring applications to the appropriate bodies for review
or appeal in accordance with the provisions of this Code. The above-stated
responsibilities are not all inclusive, but are intended to provide a general overview of the
duties of the Code Enforcement Officer.
The Code Enforcement Officer shall not issue permits or certificates of any kind for any
building, alteration, or land use which is not in conformance with the provisions and/or
procedures of this Code.
Section 402. Violations and Penalties
a. Any person, firm, corporation, or other entity who disobeys, neglects or refuses to
comply with any provision of this Code, shall be guilty of an offense punishable
by a fine not exceeding $350.00 or imprisonment for a period not to exceed six
months, or both for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable by a fine
not less than $350.00 nor more than $700.00 or imprisonment for a period not to
exceed six months, or both; and, upon conviction for a third or subsequent
offense all of which were committed within a period of five years, punishable by a
fine not less than $700.00 or more than $1000.00 or imprisonment for a period
not to exceed six months, or both. For the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this Code shall be deemed
misdemeanors and for such purposes only all provisions of law relating to
misdemeanors shall apply. Each week's continued violation shall constitute a
separate additional violation.
b. Any structure constructed, reconstructed, altered, converted or maintained in
offense of this Code, or any land use conducted in offense of this Code, may be
removed, closed or halted at once by the Code Enforcement Officer with the
issuance of a stop order.
ޚL
Town of Groton Land Use & Development Code
101
c. The Town may obtain an action to restrain by injunction any offense of this Code
or any failure to comply with any of the provisions of this Code.
Section 403. Permits
403.1 Building Permits. A Building Permit shall be required for any work which must
conform to the New York State Uniform Code, including, but not limited to, the
construction, enlargement, alteration, improvement, removal, relocation or demolition of
any building or structure or any portion thereof, except for structures 144 square feet or
less and any other exemptions listed in Section 4, Part B of Local Law #1 of the Year
2007, included as Appendix A. Additionally, the installation of a solid fuel burning
heating appliance, chimney or flue in any dwelling unit shall require a Building Permit.
No Person shall commence any work for which a Building Permit is required without first
having obtained a Building Permit from the Code Enforcement Officer.
403.2 Sign Permits. No sign in any district shall be built, installed, extended or modified
in any other way without the requisite Sign Permit being issued by the Code Enforcement
Officer.
403.3 Fence Permits. Permits are required for fences higher than 6 feet from ground level
to the top of the fence. The construction or replacement of any swimming pool fence
requires a Building Permit. No fence for which a permit is required shall be built, installed,
extended or modified in any other way without the requisite permit being issued by the
Code Enforcement Officer.
403.4 Demolition Permits. No building, structure or manufactured home in any Zoning
District shall be demolished without the requisite Demolition Permit being issued by the
Code Enforcement Officer. If applicable according to State Labor Law, the appropriate
Asbestos Abatement Plan shall be submitted before issuance of a Demolition Permit.
403.5 Operating Permits. Pursuant to Local Law #1 of the Year 2007, a copy of which is
included in Appendix A, an Operating Permit shall be required for
a. storing, manufacturing, or handling quantities of hazardous materials when
quantities exceed those allowed by the Fire Code of New York State.
b. hazardous processes and activities, including but not limited to, commercial and
industrial operations which produce combustible dust as a byproduct, fruit and
crop ripening, and waste handling;
c. for the use of any pyrotechnic device in any place of assembly.
d. for any place of assembly with an occupant load of 100 persons or more to assure
that life and fire safety concerns are maintained.
e. buildings whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by resolution adopted by the Town Board
of this Town.
Operating Permit applications are available in the Town Clerk’s Office and the Code
Enforcement Office and are issued by the Code Enforcement Officer.
Section 404. Certificate of Occupancy or Certificate of Completion
404.1 Each property owner shall be responsible for compliance with all terms of this
Code affecting his or her property. The Code Enforcement Officer shall issue a
ޚL
Town of Groton Land Use & Development Code
102
Certificate of Occupancy or Completion when he is satisfied that the proposed use
complies with this Code and that structures have been erected and the site developed in
accordance with submitted plans.
404.2 No habitable structure shall be occupied until a Certificate of Occupancy is issued
by the Code Enforcement Officer. Furthermore, no addition to habitable space or the
alteration of non-habitable space into habitable space shall be occupied until an
Certificate of Occupancy is issued.
404.3 Any non-habitable structure shall not be used until a Certificate of Completion is
issued by the Code Enforcement Officer. Such Certificate of Completion shall carry the
same weight as does a Certificate of Occupancy.
Section 405. Letter of Conformance
405.1 Purpose. Letter of Conformance is for the purpose of establishing that certain
existing lots, structures, and activities were in conformance with or not in conformance
with provisions of this Code at the time of adoption or amendment of this Code, and
documenting and recording their legal status for the protection of their owners.
405.2 Applicability. Any person with a legal interest in any lot, structure, or activity in the
Town may request from the Code Enforcement Officer a determination as to whether their
property conforms to this Code. In addition, a determination can be initiated by the Code
Enforcement Officer or by direction of the Planning Board, Zoning Board of Appeals, or
the Town Board.
405.3 Contents. The Letter of Conformance states what, if any, aspects of the lot, facility,
or activity do not conform to this Code; the section numbers of the regulations not
conformed to; and the date on which the letter was issued.
Section 406. Fees
All fees for applications and permits shall be established by resolution of the Town Board.
Section 407. Approval of Tompkins County Health Department
No Site Plan Approval or Special Permit approved under the terms of this Code is valid
unless the action is in compliance with the rules and regulations of the Tompkins County
Health Department.
Section 408. Referral to County Planning Department
Since the Town is in Tompkins County, which has a County Planning Department, the
Zoning Board of Appeals, the Planning Board, and the Town Board must, before taking
final action on certain matters, refer them to the Tompkins County Planning
Commissioner for review, pursuant to Article 12-B, Sections 239 (l, m & n) of the New
York State General Municipal Law.
408.1 Pursuant to an agreement entitled “2004 Inter-governmental Agreement for
Tompkins County Review of Local Zoning and Planning Actions Under New York State
General Municipal Law” (shown in its entirety as Appendix B) the following Variance
Applications shall be referred to the Tompkins County Planning Department for review:
a. Lot frontage, width or depth Variances for non-residential uses;
b. Lot Area Variances for additions to non-residential uses on existing non-
conforming lots;
ޚL
Town of Groton Land Use & Development Code
103
c. Setback Variances abutting County or State property, a State or County road right-
of-way, or a municipal boundary;
d. Sign Variances exceeding local standards by more than 20%.
408.2 Pursuant to an agreement entitled “2004 Inter-governmental Agreement for
Tompkins County Review of Local Zoning and Planning Actions Under New York State
General Municipal Law” (shown in its entirety as Appendix B) the following Site Plan
Review Applications shall be referred to the Tompkins County Planning Department for
review:
a. Site Plan Reviews, except for permitted accessory uses and home occupations on
residential lots;
b. Site Plan Reviews for change of commercial use in an existing building that also
involves any change in building footprint and with no change in vehicular access
on a State or County highway;
c. Site Plan Reviews for change of commercial use in an existing building that also
involves any change in vehicular access on a State or County highway;
In the event that either the Town of Groton or Tompkins County terminates their
agreement all requirements of GML Article B12 (l, m, & n) shall be followed.
408.3 When referral is required to be made to the Tompkins County Planning
Department, within 30 days of receipt of a full statement of such referred matter, the
Tompkins County Planning Department shall make a recommendation, accompanied by
a full statement of the reasons for such recommendations. If the Tompkins County
Planning Department fails to respond within 30 days, the municipal board having
jurisdiction may act without such recommendation. If the County Planning Department
makes a finding of significant impact, the municipal board having jurisdiction shall not
approve the proposed action except by a vote of a majority plus one of all the members.
408.4 When referral is required to be made to the Tompkins County Planning
Department, within seven days after final action by the municipal board having
jurisdiction, the board shall file a report of the final action it has taken with the Tompkins
County Planning Department.
ޚ苐
Town of Groton Land Use & Development Code
104
Section 409: reserved.
Page Left Blank
Town of Groton Land Use & Development Code
105
Section 410. Amendments to this Code
410.1 Authority.
The Town of Groton Land Use and Development Code is a local law. The regulations,
restrictions, and boundaries set forth in this Code may from time-to-time be amended,
supplemented, changed, or repealed by the Town Board in accordance with the
procedural requirements set for in Article 3, Sections 20-27, of Municipal Home Rule Law
of the State of New York for the adoption of local laws in general and shall take effect
upon filing with the Secretary of State. The decision to consider an amendment is made
by the Town Board.
410.2 Referral to Planning Board
The Town Board may, at its discretion, refer any amendment to this Code to the Planning
Board for their review and recommendations. If referral has been made, the Planning
Board shall submit its recommendations within 30 days or the Town Board may act
without such recommendations.
410.3 Referral to County Planning Department
Pursuant to Section 239 (l & m) of New York State General Municipal Law, a complete
copy of the local law or amendment 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 on the local law or amendment until a response has been
received, or unless 30 days has expired without a response.
410.4 Referral to Other Jurisdictions
Written notice, at least 10 days prior to the hearing, must be given to the following
agencies, if the land affected by the amendment lies within 500 feet of land in the
following jurisdictions:
a. Any State park or parkway: the State Regional Park Commission,
b. Any housing authority project area: the housing authority,
c. Any city, village, or town: the clerk of the city, village, or town, and
d. Any other county: the clerk of the legislative body of that county,
410.5 Public Informational Meetings
The Town Board may, at its discretion, hold one or more public informational hearings for
the purpose of informing the public as to the proposed amendments.
410.6 State Environmental Quality Review
A full environmental assessment review shall be completed pursuant to New York State
Department of Environmental Conservation regulations, 6NYCRR, Part 617. The Town
may, as it deems appropriate, integrate the procedures for review and the public hearing
with the review and public hearing on the Local Law.
410.7 Procedure for Adopting or Amending a Local Law
The legal adoption or amendment of a local law must be made pursuant to New York
State Law.
սL
Town of Groton Land Use & Development Code
106
Section 411-419: reserved.
Section 420. Zoning Board of Appeals
420.1 Establishment. The Zoning Board of Appeals, established under Section 267 of
New York State Town Law, is empowered to hear and decide appeals from and review
any order, requirement, decision, or determination made by the Code Enforcement
Officer with regard to this Code.
420.2 Board Members. The members of the Zoning Board of Appeals shall be citizens of
the United States and residents of the Town of Groton of voting age. They are appointed
by the Town Board to serve for staggered, 5-year terms as prescribed by New York State
Town Law, Section 267. Vacancies that may occur shall be filled in the same manner.
420.3 Officers. The Town Board designates the Chair of the Zoning Board of Appeals.
The Zoning Board of Appeals chooses the Vice-Chair, who presides in the absence of the
Chair. In the absence of both the Chair and the Vice-Chair, the Zoning Board of Appeals
chooses one of its members as Acting Chair. The Chair, Vice-Chair, or Acting Chair, may
administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals
may appoint a recording secretary to take minutes of all its meetings. The recording
secretary need not be a member of the Board.
420.4 Rules and Regulations. The Zoning Board of Appeals must adopt rules governing
its procedures and orders for carrying out the provisions of this Code. All its procedures
and orders must be in accordance therewith.
Section 421. Appeals and Variances
The purpose of Sections 422-431 is to set forth procedures and conditions under which
appeals on enforcement of the provisions of this Code can be heard and decided by the
Zoning Board of Appeals.
Procedures set forth herein are intended to ensure that the intent of this Code is
observed, but that unnecessarily rigid restriction on development is avoided.
An appeal may be for a Variance in the regulations as they apply to a specific site, which,
if granted, runs with the site irrespective of future changes in ownership.
An appeal may also be for an interpretation of the language of this Code when the
appellant disputes a decision made by the Code Enforcement Officer. The determination
of the Zoning Board of Appeals establishes the interpretation of the disputed language
wherever it may apply.
An appeal may also be for an interpretation of the language of this Code when the
appellant disputes a decision made by the Code Enforcement Officer. The determination
of the Zoning Board of Appeals establishes the interpretation of the disputed language
wherever it may apply.
Section 422. Power to Hear and Decide Appeals
The Zoning Board of Appeals is empowered to hear and decide appeals of and review
any order, requirement, decision, or determination made by the Code Enforcement
Officer with regard to this Code.
ޚL
Town of Groton Land Use & Development Code
107
In passing upon appeals of actions by the Code Enforcement Officer, the Zoning Board of
Appeals has the power to vary or modify the application of the zoning regulations, so that
the intent of this Code is observed, and the public health, safety, and welfare secured. In
considering the grant of a Variance, the Zoning Board of Appeals shall comply with the
criteria for the granting of such Variances set forth in New York State Town Law, Section
267, as amended from time to time.
Section 423. Parties Who May Appeal
Appeals may be filed by any public body or official of the Town, person, firm, corporation,
or other party aggrieved by an action of the Code Enforcement Officer. Any party may
appeal to the Zoning Board of Appeals if the action of the Code Enforcement Officer
appealed affects adversely a property right or other legal interest of the appellant. An
applicant for a Building Permit may be aggrieved by the refusal of the Code Enforcement
Officer to issue a Building Permit. (For Appeals Procedure see Section 425.)
Section 424. Appeal Procedure by Zoning Board of Appeals
424.1 Time of Hearing of Appeals. The Zoning Board of Appeals shall conduct a hearing
on all appeals within 62 days of the receipt of the appeal application. The receipt of the
appeal application shall be considered to be the date on which the application, complete
and accompanied by the required fee and all data required by Section 428 of this Code,
has been filed with the Town Clerk.
424.2 Notice of Hearing. Notice of a hearing shall be published in the Town’s official
paper. Notices of hearings shall be mailed to the applicant, any others having jurisdiction,
the Regional State Park Commission having jurisdiction over any State park or parkways
within 500 feet of the lot which is the site of the appeal and to the owners of record, as
shown on the current tax role, of all lots within 500 feet of the lot which is the site of the
appeal.
The notice shall state the location of the structure or lot, the general nature of the
question being heard, the date, time, and place of the hearing, and the nature of the relief
being sought and must precede the date of the hearing by at least five days.
424.3 Referral to County Planning Department. Referral to County Planning Department
shall be made in accordance with Section 408.1 of this Code.
424.4 General Rules. Any party may appear in person, by agent, or by attorney.
The Chair, or in the Chair’s absence, the Vice-Chair or Acting Chair, may administer
oaths and compel the attendance of witnesses.
424.5 Rehearing. Upon motion initiated by any member and adopted by unanimous vote
of the members present, but not less than a majority of all the members, the Zoning
Board of Appeals may review at a rehearing any order, decision, or determination of the
Zoning Board of Appeals not previously reviewed, in accordance with Section 267a (12)
of New York State Town Law. Notice must be given as upon an original hearing.
Upon rehearing, and provided that it appears that no vested rights due to reliance on the
original order, decision, or determination will be prejudiced thereby, the Zoning Board of
Appeals may, upon the concurrence of all the members present, reverse, modify, or annul
its original order, decision, or determination.
An application for a rehearing may be made in the same manner as provided for the
ޛԀ
Town of Groton Land Use & Development Code
108
original hearing. The application for rehearing may be denied by the Zoning Board of
Appeals if from the record it appears that there has been no substantial change in fact,
evidence, or conditions.
424.6 Consultant Review. The Zoning Board of Appeals may consult with any local,
County, State, Federal or private individual or agency in the course of its deliberations on
any appeal. Any cost for consultant review may be charged to the applicant.
Section 425. Appeals Procedure by an Applicant
425.1 An Appeal must be made within 60 days of the Code Enforcement Officer’s action
or decision.
425.2 The Appeal Application shall be submitted to the Town Clerk on the application
form provided for that purpose. Application forms shall be available in the Office of the
Town Clerk. The Code Enforcement Officer is responsible for instructing the parties
concerned on the proper manner for completing and filing the forms.
425.3 The Appeal must show what relief is sought or what type of Variance, if any, is
being sought (see Sections 428-430).
425.4 All information required on the forms must be complete and the fee paid before an
Appeal Application is considered received.
425.5 Copies of the completed Appeals Application shall be forwarded to each member of
the Zoning Board of Appeals, the recording secretary, and any other party having
jurisdiction.
425.6 Appeals may be amended prior to the Public Hearing providing that the public has
not been notified either by a Public Notice in the Town’s official newspaper or by the
mailing of notices to the adjoining landowners.
425.7 The appellant must be notified by letter at least five days prior to the hearing that
the appeal is scheduled for the hearing or that the Appeal is incomplete and cannot be
scheduled.
Section 426. Reserved
ޚ苐
Town of Groton Land Use & Development Code
109
Section 427. Decisions by the Zoning Board of Appeals
427.1 Time of Decisions. Decisions by the Zoning Board of Appeals shall be made not
later than 62 days from the close of its hearing.
427.2 Types of Decisions. The Zoning Board of Appeals may reverse or affirm wholly or
partly, or may modify the order, requirement, decision, or determination appealed from;
and shall make such order, requirement, decision, or determination as it sees fit; and to
that end shall have all of the powers of the officer from whom the appeal is taken.
In deciding on an Appeal by an appellant, the Zoning Board of Appeals may grant
Variances as described in Sections 428-430. The Zoning Board of Appeals, in the
granting of Variances, shall grant the minimum Variance that it shall deem necessary and
adequate to address the unnecessary hardships proven by the applicant, and at the same
time preserve and protect the character of the neighborhood and the health, safety and
welfare of the community.
427.3 Form of Decision. The final decision on any matter before the Zoning Board of
Appeals must be made by written order signed by the Chair, Vice Chair or Acting Chair.
The decision must state the findings of fact, which were the basis for the decision, and
any conditions and safeguards necessary to protect the public interest.
427.4 Filing of Decisions. Decisions of the Zoning Board of Appeals must be filed
immediately in the Office of the Town Clerk and are public record. The date of filing of
each decision is to be entered in the official records and minutes of the Zoning Board of
Appeals.
Copies of the decision are to be forwarded to the appellant, and any others having
jurisdiction.
A copy of the decision, including all terms and conditions, is to be transmitted to the Code
Enforcement Officer and is binding upon and observed by the Code Enforcement Officer.
Within 20 days after a decision by the Zoning Board of Appeals, the Code Enforcement
Officer shall take the action directed by the Zoning Board of Appeals. Those actions are
to issue, extend, revoke, or issue with modifications a Building Permit or certificate. The
Code Enforcement Officer must fully incorporate the terms and conditions in the Building
Permit to the appellant whenever a Building Permit is authorized by the Zoning Board of
Appeals.
427.5 Basis for Decisions. In reaching the decision, the Zoning Board of Appeals shall
be guided by standards specified in the applicable sections of this Code as well as the
community goals and policies as outlined in the Comprehensive Plan and by the findings
of the Zoning Board of Appeals in each case.
The Zoning Board of Appeals is expressly prohibited from basing its decisions on:
a. The presence of a nonconforming lot, structure, or activity nearby or in the same
Zoning District, or
b. Any condition, lot, structure, or activity in another Zoning District or another
municipality.
427.6 Findings. The findings of the Zoning Board of Appeals and the supporting facts
shall be stated in detail in the written decision regardless of whether it is based on
evidence submitted or on the personal knowledge of the Zoning Board of Appeals
ޛԀ
Town of Groton Land Use & Development Code
110
members.
The evidence on which the findings are based must be included in outline form in the
written decision.
The Zoning Board of Appeals must show that:
a. It has made an intelligent review of the question,
b. It has considered all of the information or evidence,
c. It has heard all parties in question,
d. Any intimate knowledge it has of the subject under question has been taken into
account, and
e. An inspection by a board member and/or the Code Enforcement Officer of the lot
in question has been made, and from this examination certain findings were made.
These requirements are for the purpose of making judicial review possible.
427.7 Expiration of Orders. Unless substantial progress has been made pursuant to the
written decision and order, or unless the decision and order specifically states otherwise,
the order and any associated Building Permit expires one year after the date of issuance
of the decision and order. If at the expiration date the permitted work is not completed, but
is being pursued and substantial progress is being made, the Code Enforcement Officer
may extend the Building Permit for one year.
If at the expiration date the Code Enforcement Officer finds that the permitted work is not
being diligently pursued and no substantial progress has been made, the order and the
Building Permit become void by letter to the appellant by the Code Enforcement Officer
with copies to the Zoning Board of Appeals and filed with the Town Clerk.
Upon expiration of an order, said order has no legal standing whatsoever. If the applicant
still wishes to pursue the matter, the process shall be started over with application for a
Building Permit, denial by the Code Enforcement Officer, appeal to the Zoning Board of
Appeals and the decision to grant a Variance. In addition, all appropriate fees shall be
paid again.
Section 428. Requirements for Granting Area Variances
In making its determination, the Zoning Board of Appeals shall take into consideration the
benefit to the applicant if the Variance is granted, as weighed against the detriment to the
health, safety and welfare of the neighborhood or community by such grant. The Zoning
Board of Appeals shall also consider (in accordance with Section 267 of New York State
Town Law):
a. Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting of
the Area Variance,
b. Whether the benefit sought by the applicant can be achieved by some alternate
method, feasible for the applicant to pursue, other than an Area Variance,
c. Whether the requested Area Variance is substantial,
ޚL
Town of Groton Land Use & Development Code
111
d. Whether the proposed Variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or Zoning District, and
e. Whether the alleged difficulty was self-created, which consideration shall be
relevant to the decision of the Zoning Board of Appeals, but shall not necessarily
preclude the granting of the Area Variance.
The Zoning Board of Appeals may impose any reasonable condition that will protect the
health, safety and welfare of the neighborhood or community in granting such a Variance,
within the scope and purposes of this Code.
Section 429. Requirements for Granting Use Variances
No Use Variance shall be granted by the Zoning Board of Appeals without a showing by
the applicant that applicable zoning regulations and restrictions have caused
unnecessary hardship. In order to prove such necessary hardship, the applicant shall
demonstrate that (in accordance with Section 267 of New York State Town Law):
a. Under applicable zoning regulations, the applicant is deprived of all economic use
or benefit from the property in question, which deprivation must be established by
competent financial evidence,
b. The alleged hardship is unique and does not apply to a substantial portion of the
district or neighborhood,
c. The requested Use Variance, if granted, will not alter the essential character of the
neighborhood, and
d. The alleged hardship has not been self-created.
The Zoning Board of Appeals may impose any reasonable condition that will protect the
health, safety and welfare of the neighborhood or community in granting such a Variance,
within the scope and purposes of this Code.
Section 430. Requirements for Granting Variances for Building on
Proposed Public Land
Before granting any Variance for building on a site proposed for public acquisition on the
Zoning Map of the Town or County (in accordance with Section 279 of New York State
Town Law and Section 239-j of General Municipal Law), the Zoning Board of Appeals
must make findings on the following points:
a. The lot or structure in question cannot reasonably be used for any activity
permitted or conditionally permitted by the land use regulations,
b. The action sought to be permitted will increase the cost of public acquisition of the
site as little as possible, and
c. The action sought to be permitted will as little as practicable tend to cause a
change in the Zoning Map.
The Zoning Board of Appeals may impose reasonable requirements as a condition of
granting the Variance, which requirements benefit the Town.
ޛ
Town of Groton Land Use & Development Code
112
Section 431. Requirements for Revoking or Modifying a Permit
On appeal from a party aggrieved by the issuance of a Building Permit, the Zoning Board
of Appeals may revoke or modify a Building Permit if it makes the following findings:
a. The issuance of the Building Permit was based on an erroneous interpretation of
this Code or an error in measurement, and
b. The action appealed from does not conform to the letter of this Code.
Sections 432-439. Reserved
ޚ苐
Town of Groton Land Use & Development Code
113
Section 440. Site Plan Review / Planning Board
440.1 Establishment.
There is hereby established for the purpose of carrying out the functions provided for in
Section 274-a of New York State Town Law, a Site Plan Review Board; the Site Plan
Review Board function is hereby delegated to the Planning Board.
440.2 Decisions.
The Planning Board has the authority under this Code to review and approve, approve
with modifications, or disapprove Site Plans submitted under the provisions of this Code.
Planning Board decisions shall be filed with the Town Clerk within 5 days and a copy
mailed to the applicant.
440.3 Rules and Regulations.
The Planning Board may adopt rules and regulations it deems necessary for carrying out
the provisions of this Code. All its procedures and orders must be in accordance
therewith.
440.4 Appeals of Decisions by the Planning Board.
Any person aggrieved by any decision of the Planning Board may apply to an appropriate
Court of the State of New York for review by a proceeding under Article 78 of the Civil
Practice Law and Rules. Such proceedings shall be instituted within 30 days after the
filing of a decision in the Office of the Town Clerk.
Section 441. Site Plan Review and Approval
441.1 Applicability.
Whenever the provisions of Article 3 of this Code require the approval of a Site Plan, a
proposed Site Plan shall be submitted to the Planning Board for its review and approval.
No Site Plan Approval shall be granted for any proposed improvements that would be in
violation of use restrictions, required yard setbacks, lot coverage limits or any other
provisions of this Code unless conditioned upon the granting by the Zoning Board of
Appeals of any required Variance(s). No Building Permit shall be issued prior to the
approval of the Site Plan by the Planning Board and the granting of a Variance by the
Zoning Board of Appeals if needed.
441.2 Sketch Plan Conference.
A Sketch Plan Conference may be held between the Planning Board and the applicant to
review the basic site design concept and generally determine the information to be
required on the Preliminary Site Plan. At the Sketch Plan Conference, the applicant
should provide the data discussed below in addition to a statement or rough sketch
describing what is proposed.
a. An area map showing the parcel under consideration for Site Plan Review, and all
properties, subdivisions, streets, and easements within 200 feet of the boundaries.
b. A map of site topography at no more than 5 feet contour intervals. If general site
grades exceed five percent or portions of the site have susceptibility to erosion,
ޛ
Town of Groton Land Use & Development Code
114
flooding, or ponding, a soils overlay and a topographic map showing contour
intervals of not more than 2 feet of elevation should also be provided.
441.3 Application for Preliminary Site Plan Approval.
An application for Preliminary Site Plan Approval shall be made in writing to the Planning
Board and shall be accompanied by the following information:
a. A completed and signed application form.
b. Two prints of the proposed Site Plan 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.)
c. Completed and signed Part I Section of the Short Environmental Assessment
Form (SEAF) or the Long Environmental Assessment Form (LEAF), as determined
by 6NYCRR Part 617
d. Completed Agricultural Data Statement if property is located within an Agricultural
District.
e. Payment of all application fees as established by resolution of the Town Board.
f. Title block showing name of project, title of each drawing, name and address of
applicant and person responsible for preparation of drawing, and date of drawing.
g. North arrow and drawing scale in graphic form.
h. Boundaries of the property plotted to scale.
i. Existing watercourses and water bodies, both natural and man-made, as well as
wetlands.
j. Proposed grading and drainage plan, showing existing and proposed contours.
k. Size, location, design, construction materials and use of all existing and/or
proposed buildings and structures, access drives, above and below ground utilities
and other improvements to the site.
l. Location and description of all existing vegetation on the site.
m. Location of all adjacent streets and highways, both public and private.
n. Location, design, and construction materials of all parking and truck loading areas,
showing access and egress.
o. Provision for pedestrians.
p. Location, design of outdoor storage areas or facilities.
q. Location, design and construction materials of all proposed site utilities and other
improvements, including drains, culverts, retaining walls, fences, above and below
ground utilities and storm water management facilities.
r. Description of the method of sewerage treatment and disposal and location,
design, and construction materials of such facilities.
s. Description of the method for securing potable water and location, design, and
construction materials of such facilities.
t. Location of fire and other emergency zones, including the location of fire hydrants.
LР
Town of Groton Land Use & Development Code
115
u. Location, design, and construction materials of all energy distribution facilities,
including electrical, gas, and solar or wind energy systems.
v. Location, size, design, and construction materials of all proposed signs.
w. A landscaping plan and plant materials schedule, including locations and types of
planting materials, and all buffer areas.
x. Location and design of outdoor lighting facilities.
y. Designation of the amount and location of building area proposed for each activity
type.
z. Other elements integral to the proposed development as considered necessary by
the Planning Board, including identification of any Federal, State, or County
permits required for the project’s execution.
The Planning Board reserves the right to request additional information related to the
above submission materials as considered reasonably necessary, and may choose to
waive specific requirements in certain situations.
The receipt of the application shall be considered to be the date on which the application
and the Site Plan, complete and accompanied by the required fee and all data required
by this Section of this Code has been filed with the Town Clerk.
441.4 Review of Preliminary Site Plan.
At its next scheduled monthly meeting following the receipt of the application for Site
Plan Review, the Planning Board shall review the Preliminary Site Plan.
Referral to Tompkins County Planning Department shall be made in accordance with
Section 408.2 of this Code.
The Planning Board’s review of a Preliminary Site Plan shall include, as appropriate, the
following general considerations:
a. Compliance with the relevant design standards set forth in Article 3.
b. Adequacy and arrangement of vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers, and traffic controls.
c. Adequacy and arrangement of pedestrian traffic access and circulation, walkway
structures, control of intersections with vehicular traffic, and overall pedestrian
convenience,
d. Location, arrangement, appearance, and sufficiency of off-street parking and
loading,
e. Location, arrangement, size, design, and general site compatibility of buildings,
lighting, and signs,
f. Adequacy of storm water and drainage facilities,
g. Adequacy of water supply, sewage disposal facilities and garbage and waste
disposal.
h. Adequacy, type, and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or noise buffer between the applicant’s and adjoining
ޛ
Town of Groton Land Use & Development Code
116
lands, including the maximum retention of existing vegetation,
i. In the case of multi-family housing, the adequacy of usable open space for
recreation areas,
j. Protection of adjacent or neighboring properties against noise, glare, unsightliness,
or other objectionable features,
k. Adequacy of fire lanes and other emergency zones and the provision of fire
hydrants, and
l. Special attention to the adequacy of structures, roadways, and landscaping in
areas with susceptibility to ponding, flooding or erosion.
441.5 Consultant Review.
The Planning Board may consult with any local, County, State, Federal or private
individual or agency in the course of it deliberations on any application. Any cost for
consultant review may be charged to the applicant.
441.6 Waiver of Certain Application Requirements
When considering a proposed Site Plan, whether it is a Preliminary Site Plan or a Final
Site Plan, the Planning Board may waive one or more items or design details of the plan
that are otherwise normally required under Section 441.3, if they determine that the lack
of such information is not a hindrance to their consideration of the proposed Site Plan,
or in some cases, if they determine that such items or details do not pertain to the
proposed project.
441.7 Short Procedure
In the case of a small, simple, and non-controversial Site Plan Review, the Planning
Board, after careful consideration and at its discretion, may move, by resolution, to
shorten the review procedure for Site Plan Approval, and waive the requirement of a
public hearing, under the following conditions:
a. the Preliminary Site Plan satisfies all Preliminary Site Plan requirements of
Section 441.3 as well as all detailed Final Site Plan requirements of Section
441.9, and
b. no modifications to the Site Plan will be required by the Planning Board, and
c. no new structures will be built and/or the footprint of existing structures are not
being enlarged upon, and
d. the project does not require referral to Tompkins County Planning Department
pursuant to Section 408 of this Code .
Following review of the Site Plan, the Planning Board may approve the Preliminary and
Final Site Plan as one action. Such action shall be in the form of a resolution or other
written statement and shall be filed with the Town Clerk within 5 days and a copy mailed
to the applicant.
LР
Town of Groton Land Use & Development Code
117
441.8 Regular Procedure
If the Short Procedure is not warranted, the Planning Board shall proceed with the
Regular Procedure.
The Planning Board may conduct a Public Hearing on a Preliminary Site Plan. If a
Public Hearing is considered desirable, the Public Hearing shall be scheduled within 62
days of the receipt of the application for Preliminary Site Plan Review. The hearing
shall be advertised in the official Town newspaper at least 5 days before such hearing.
The applicant and any others having interest or jurisdiction shall be notified at least 10
days before such Public Hearing.
Within 62 days of the close of the Public Hearing, or if no Public Hearing is held, within
62 days of the receipt of the application, the Planning Board shall act to approve,
approve with modifications or disapprove the Preliminary Site Plan. If no decision is
made within the 62-day period, the Preliminary Site Plan shall be considered approved.
If the Planning Board, at its discretion, determines that the Preliminary Site Plan is:
a. of a small, simple and non-controversial nature, and
b. any required modifications are determined to be minor, of a technical nature and
will have no impact on the design or character of the project, and
c. any required response from the Tompkins County Planning Department or other
agency has been received, and
d. all final detailed Site Plan requirements of Section 441.9 are met by the
Preliminary Site Plan as submitted,
The Planning Board may, by resolution, move to waive the requirement for a separate
Final Site Plan Review and approve and grant Preliminary and Final Site Plan Approval
as one action.
Alternately, the Planning Board may approve, approve with modifications or disapprove
the Preliminary Site Plan Review and proceed to Final Site Plan Review.
The Planning Board’s resolution or other written statement approving the Preliminary
Site Plan may include reasonable conditions including modifications to the Preliminary
Site Plan and shall be considered a condition of Preliminary Site Plan Approval. Such
resolution shall also state any additional information that shall be included in the Final
Site Plan application.
If the Site Plan is disapproved, the Planning Board’s resolutions or other written
statement shall contain the reason for said action. In such a case, the Planning Board
may recommend further study of the Site Plan 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.
441.9 Submission of Final Detailed Site Plan
After receiving approval, with or without modifications, from the Planning Board on a
Preliminary Site Plan, the applicant shall submit a final, detailed Site Plan to the Planning
܀ޛ
Town of Groton Land Use & Development Code
118
Board for approval. If more than six months have elapsed since the time of the Planning
Board’s action on the Preliminary Site Plan and if the Planning Board finds that conditions
may have changed significantly in the interim, the Planning Board may require a
resubmission of the Preliminary Site Plan for further review and possible revision prior to
accepting the proposed Final Site Plan for review.
The Final Site Plan shall conform substantially to the approved Preliminary Site Plan. It
should incorporate any modifications that may have been recommended by the Planning
Board in its preliminary review. All such compliances shall be clearly indicated by the
applicant on the appropriate submission.
The following additional information must accompany an application for Final Site Plan
Approval:
a. Record of application for and approval status of all necessary permits from
Federal, State, and County officials,
b. Detailed sizing and final material specification of all required improvements,
c. An estimated project construction schedule,
d. A completed and signed application form,
e. Two prints of the proposed Site Plan 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.)
f. Any other written or graphic information that may be necessary to describe the
proposed action, including any revisions or modifications made since receipt of
Preliminary Site Plan Approval, and
g. Payment of all application and advertising fees as established by the Town
Board.
The receipt of the application shall be considered to be the date on which the application
and the Final Site Plan, complete and accompanied by all data required by Section 441.9
of this Code, has been filed with the Town Clerk.
441.10 Public Hearing.
Within 62 days of receipt of an application for Final Site Plan Review, the Planning Board
shall conduct a Public Hearing, which shall be advertised in the official Town newspaper
at least 5 days before such hearing. The applicant and any other person having
jurisdiction shall be notified at least 10 days before the Public Hearing.
441.11 Action on Final Detailed Site Plan.
Within 62 days after the close of the Public Hearing for a Final Site Plan, the Planning
Board shall render a decision. If no decision is made within the 62-day period, the Final
Site Plan shall be considered approved. The decision of the Planning Board with regard
to Final Site Plan shall be in the form of a resolution or other written statement stating
whether or not the Final Site Plan is approved, approved with modifications or conditions,
or disapproved. Such resolution or other written statement shall be filed with the Town
Clerk within 5 days and a copy provided to the applicant.
ޚ
Town of Groton Land Use & Development Code
119
Upon approval of the Final Site Plan, completion of all modifications or conditions, and
payment of the applicant of all fees and reimbursable costs due to the Town, the Planning
Board Chair shall endorse its approval on a copy of the Final Site Plan.
Upon disapproval of a Final Site Plan, the Planning Board shall by its resolution or other
written statement, record for the applicant as well as the public, its reason or reasons for
its action. Such resolution or other written statement shall be filed with the Town Clerk
within 5 days and a copy provided to the applicant.
If referral to the Tompkins County Planning Department was required pursuant to Section
408.2 of this Code, the Planning Board may not take final action on a Site Plan until
referral has been complied with and a response received or 30 days have passed since
the time of referral.
441.12 Reimbursable Costs.
Costs incurred by the Planning Board in connection with the review of a proposed Site
Plan 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 the issuance of any
required Building Permit and/or prior to any commencement of business.
441.13 Performance Guarantee.
No Certificate of Occupancy or Certificate of Completion shall be issued until all
improvements shown on the Final Site Plan as approved by the Planning Board are
completed or a sufficient performance guarantee has been posted for improvements not
yet completed. The sufficiency of such performance guarantee shall be determined by
the Planning Board after consultation with the Code Enforcement Officer, public works
officials, or other competent persons. Said performance guarantee shall be in one of the
following forms:
a. Deposit by the applicant with the Town Clerk of a certified check in an amount
set by the Planning Board to cover the full cost of the required improvements,
or
b. Filing by the applicant with the Town Clerk of a performance bond to cover the
full cost of the required improvements. Any such bond shall comply with the
requirements of Section 274a of New York State Town Law and further, shall
be satisfactory to the Town Board and the Attorney for the Town as to form,
sufficiency, manner of execution and surety. A period of one year, or other
such period as the Planning Board may determine appropriate, not to exceed 3
years, within which required improvements must be completed shall be set
forth in the bond.
441.14 Inspection of Improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site
ޛ
Town of Groton Land Use & Development Code
120
improvements. The applicant shall be responsible for arranging any and all permits and
inspections that are the jurisdiction of any official or agency other than the Code
Enforcement Officer.
441.15 Integration of Procedures.
Whenever the particular circumstances of a proposed development require compliance
with the requirements of these subdivision regulations, the Planning Board shall attempt
to integrate, as appropriate, Site Plan Review as required by this Section with the
procedural and submission requirements for Subdivision 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 Planning Board shall attempt to integrate, as
appropriate, Site Plan Review as required by this Section with the procedural
requirements of SEQRA review.
441.16 Building Permits
Upon approval of the Final Site Plan and payment by the applicant of all fees and
reimbursable costs to the Town of Groton, the Code Enforcement Officer may issue any
necessary Building Permit to the applicant, provided they have met all other requirements
for obtaining said Building Permit beyond those required by this Code. All Building
Permits must be posted without delay at the project site in a conspicuous place, visible
from the public right-of-way and protected so that the permit will be visible and legible for
the duration of the work.
Unless the Code Enforcement Officer determines that substantial progress of the
intended work for which Final Site Plan Approval has been received has been made
within one year of the date of Final Site Plan Approval, the approval shall expire. The
Code Enforcement Officer may extend the expiration date of the Final Site Plan Approval
for one year for any good reason. Such extension shall be noted in the file and a report
made to the Planning Board.
441.17 Stop Work Order and/or Order to Remedy
If the Code Enforcement Officer determines that there has been a deviation from the
plans upon which the Final Site Plan Approval and any subsequent Building Permit were
based in a manner which is significant in terms of the purposes and requirements of this
Code, the Code Enforcement Officer shall issue a stop work order and/or order to
remedy, and shall notify the applicant by official correspondence, place copies in the file
and make a report to the Planning Board.
441.18 Modification of Approved Site Plans
If an applicant or property owner desires to modify an approved Final Site Plan they shall
submit a new application, accompanied by the required fee, and the approval process will
follow all steps as previously presented in this Section.
441.19 Abandonment of Approved Site Plans
Any use for which Final Site Plan Approval has been granted, but has been discontinued
for a period of at least one year, shall not then be re-established without receipt of a new
Final Site Plan Approval from the Planning Board.
ޛ≀
Town of Groton Land Use & Development Code
121
Section 442. Special Permit Review
442.1 Authorization
The Town Board reserves Special Permit review authority to itself pursuant to New York
State Town Law Section 274b and to review and approve, approve with modifications
and/or conditions, or disapprove any proposal to develop land subject to Special Permit
review as set forth in Article 3 of this Code.
442.2 Application
An application for Special Permit approval shall be made in writing to the Town Board and
shall be accompanied by the following information:
a. A completed and signed application form.
b. Two prints of proposed Site Plan 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.)
c. Completed and signed Part I section of the Short Environmental Assessment Form
(SEAF) or the Long Environmental Assessment Form (LEAF), as determined by
6NYCRR Part 617
d. Completed Agricultural Data Statement if property is located within an Agricultural
District.
e. Payment of all application fees as established by resolution of the Town Board.
f. Title block showing name of project, title of each drawing, name and address of
applicant and person responsible for preparation of drawing, and date of drawing.
g. North arrow and drawing scale in graphic form.
h. Boundaries of the property plotted to scale.
i. Existing watercourses and water bodies, both natural and man-made, as well as
wetlands.
j. Proposed grading and drainage plan, showing existing and proposed contours.
k. Size, location, design, construction materials and use of all existing and/or
proposed buildings and structures, access drives, above and below ground utilities
and other improvements to the site.
l. Location and description of all existing vegetation on the site.
m. Location of all adjacent streets and highways, both public and private.
n. Location, design, and construction materials of all parking and truck loading areas,
showing access and egress.
o. Provision for pedestrians.
p. Location, design of outdoor storage areas or facilities.
q. Location, design and construction materials of all proposed site utilities and other
ޛ㔀
Town of Groton Land Use & Development Code
122
improvements, including drains, culverts, retaining walls, fences, above and below
ground utilities and storm water management facilities.
r. Description of the method of sewerage treatment and disposal and location,
design, and construction materials of such facilities.
s. Description of the method for securing potable water and location, design, and
construction materials of such facilities.
t. Location of fire and other emergency zones, including the location of fire hydrants.
u. Location, design, and construction materials of all energy distribution facilities,
including electrical, gas, and solar or wind energy systems.
v. Location, size, design, and construction materials of all proposed signs.
w. A landscaping plan and plant materials schedule, including locations and types of
planting materials, and all buffer areas.
x. Location and design of outdoor lighting facilities.
y. Designation of the amount and location of building area proposed for each activity
type.
z. Other elements integral to the proposed development as considered necessary by
the Town Board, including identification of any Federal, State, or County permits
required for the project’s execution.
The Town Board reserves the right to request additional information related to the above
submission materials as considered reasonably necessary, and may choose to waive
specific requirements in certain situations.
The receipt of the application shall be considered to be the date on which the application,
complete and accompanied by the required fee, all data required by Section 442.2 of
these regulations, and any additional information required by the Town Board has been
filed with the Town Clerk.
442.3 Review Procedure
The Town Board possesses “untrammeled, but of course not capricious, discretion” in
making decisions on Special Permits. The Town Board is not bound by complete or
exclusive standards when reviewing Special Permit applications, however, its actions
must be reasonable and not arbitrary. The Town Board is free to consider any matter
related to the public welfare in determining whether a particular Special Permit use is
appropriate in a particular location.
In addition to applying any standards that may be set forth in Article 3 of this Code, the
Town Board, in its deliberations may consider, among other things, whether
a. The health, safety, and general welfare of the community are being promoted.
b. The proposed land use is in harmony with the intent and general purpose of this
Code.
c. The premises are reasonably adapted to the proposed use and the proposed use
and location and design of any building, structure, or other improvements will be
consistent with the character of the district in which it is proposed to be located.
ޛ
Town of Groton Land Use & Development Code
123
d. The proposed land use will not pose a detriment to the neighborhood character to
the extent sufficient to devalue neighboring property.
e. The proposed land use will not adversely impact quality of life for residents.
f. The proposed land use will not exceed the capacity of community infrastructure
and services, including, but not limited to, roads, water, sewerage, garbage
collection, schools, fire, police, and emergency services.
g. The potential noise, fumes, vibrations, illumination, or other potential nuisances
that may result from the proposed land use will not be more objectionable to
nearby properties than that of any other use permitted within the Zoning District in
which the use is proposed.
442.4 Consultant Review.
The Town Board may consult with any local, County, State, Federal or private individual
or agency in the course of its deliberations on any application. Any cost for consultant
review may be charged to the applicant.
442.5 Referral to County Planning Department
Referral to Tompkins County Planning Department shall be made. 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 (l & m).
442.6 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,
Special Permit 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 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.
442.7 Public Hearing
Within 62 days of the receipt of the application for Special Permit, the Town Board shall
hold a Public Hearing, which shall be advertised in the official Town newspaper at least 5
days before such Public Hearing. The applicant and any others having jurisdiction shall
be notified at least 10 days before such Public Hearing.
442.8 Action on Application for Special Permit
Within 62 days after the close of the Public Hearing, the Town Board shall act, by
resolution, to approve, approve with modifications and/or conditions, or disapprove the
application for Special Permit. A copy of the resolution shall be filed with the Town Clerk
and a copy forwarded to the applicant within 5 days of the decision.
The Town Board’s resolution approving the Special Permit may include reasonable
conditions including modifications or conditions. Conditions and/or modifications
imposed by the Town Board shall be sufficiently clear and definite so that the applicant
and the public are not left in doubt regarding the parameters of the Special Permit and the
ޛ
Town of Groton Land Use & Development Code
124
obligations imposed on the applicant. Conformance with specified modifications and/or
conditions shall be considered a condition of the Special Permit.
If the Special Permit is not approved by the Town Board, the resolution shall clearly state
the reasons why.
442.9 Reimbursable Costs
Costs incurred by the Town Board in connection with the review of a proposed Special
Permit shall be charged to the applicant. These costs shall include:
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 the issuance of any
required Building Permit and/or Special Permit.
442.10 Issuance of Building Permits
Upon approval of the Special Permit and payment by the applicant of all fees and
reimbursable costs to the Town of Groton, the Code Enforcement Officer may issue any
necessary Building Permit to the applicant, provided they have met all other requirements
for obtaining said permit beyond those required by this Code. All Building Permits must
be posted without delay at the project site in a conspicuous place, visible from the public
right-of-way and protected so that the permit will be visible and legible for the duration of
the work.
Unless the Code Enforcement Officer determines that substantial progress in the
intended work for which Special Permit approval has been received has been made
within one year of the date of approval, the approval shall expire. The Code Enforcement
Officer may extend the expiration date of the approval for one year for any good reason.
Such extension shall be noted in the file and a report made to the Town Board.
442.11 Inspection of Improvements.
The Code Enforcement Officer shall be responsible for the overall inspection of site
improvements. The applicant shall be responsible for arranging any and all permits and
inspections that are the jurisdiction of any official or agency other than the Code
Enforcement Officer.
442.12 Issuance of Special Permit
Upon completion of all modifications and/or conditions, the payment of all reimbursable
fees to the Town of Groton, and the issuance of a Certificate of Occupancy or Certificate
of Completion, the Code Enforcement Officer shall issue the Special Permit, which shall
be protected in a visible and legible way and posted in a conspicuous area of the
business.
442.13 Stop Work Order and/or Order to Remedy
If the Code Enforcement Officer determines that there has been a deviation from the
plans upon which the Special Permit approval and any subsequent Building Permit were
ޛ㘀
Town of Groton Land Use & Development Code
125
based in a manner which is significant in terms of the purposes and requirements of this
Code, the Code Enforcement Officer shall issue a stop work order and/or order to
remedy, and shall notify the applicant by official correspondence, place copies in the file
and make a report to the Town Board.
442.14 Modification of Approved Special Permits
If an applicant or property owner desires to modify an approved Special Permit they shall
submit a new application, accompanied by the required fee, and the approval process will
follow all steps as previously presented in this Section.
442.15 Abandonment of Approved Special Permits
Any use for which a Special Permit has been granted, but has been discontinued for a
period of at least one year, shall not be re-established without receipt of a new Special
Permit approval from the Town Board.
Section 443. Planned Unit Development
443.1 Purpose
The purpose of a Planned Unit Development District is to introduce a degree of flexibility
in conventional land use and design regulations which will encourage imaginative and
innovative developments which will insure efficient investment in public improvements, a
more suitable environment, and protection of community interests in accordance with the
Comprehensive Plan. The Planned Unit Development District is intended to encourage
innovation in residential, nonresidential, and combined-use development so that the
demand for residential and nonresidential structures of many different types and prices
can be met.
It is recognized that certain types of nonresidential activities in otherwise residential areas
are beneficial if they observe certain performance and design conditions. The Planned
Unit Development District is to be used to enable developments to occur that may not be
permitted on a lot by lot basis by the basic Zoning District regulations in Sections 342-
349. Where the Planned Unit Development concept is appropriate and the land is
rezoned to a Planned Unit Development District, the regulations set forth in the basic
Zoning District regulations are replaced with regulations adopted specifically for the
Planned Unit Development District under consideration.
443.2 Specific Objectives
The objectives of the Planned Unit Development procedure are to achieve, wherever
practical, the following:
a. A maximum choice in the types of environment, occupancy, tenure (e.g.,
cooperatives, individual ownership, condominium, leasing), types of housing, and
community facilities available to existing and potential Town residents at all
economic levels,
b. More usable open space and recreation areas,
c. More convenience and flexibility in the location of any nonresidential structures,
d. The preservation of trees, drainage ways, outstanding natural topography and
geologic features, and prevention of soil erosion,
ޛ
Town of Groton Land Use & Development Code
126
e. A creative use of land and structures which will produce an orderly transition from
intensive to less intensive use of land,
f. An efficient use of land resulting in smaller networks of utilities and streets, and
thereby, lower community costs,
g. A development pattern in harmony with the long-range objectives of the
Comprehensive Plan of the Town, and
h. A more desirable environment than would be possible through the strict application
of other provisions of this Code.
443.3 General Considerations
a. A Planned Unit Development District may be considered anywhere in the Town.
b. Establishment of a Planned Unit Development district is an amendment to this
Code and therefore must follow the procedures in Section 410, Amendments.
c. The lot area shall not be less than 5 acres.
d. The lot must have a minimum lot frontage of 300 feet.
e. All residential structures and activities are permitted in a Planned Unit
Development District, and any nonresidential structures and activities will be
permitted if the developer can demonstrate that they will promote the long-range
objectives of the Comprehensive Plan of the Town, will contribute to the quality of
the proposed development of the area, and will lead to the direct or indirect
enhancement of the surrounding neighborhood in terms of open space, vehicular
and pedestrian traffic movement, community operative costs, landscaping,
preservation of natural features, and an improved living environment.
f. The Town Board, after its review of the Environmental Assessment Form, may
require an Environmental Review in accordance with New York State
Environmental Quality Review Act (SEQRA).
g. A Planned Unit Development District designed predominantly for commercial or
industrial activities shall be approved only on sites abutting State highways, except
that sites not on State highways will be considered if the lot size is at least 25
acres.
443.4 Consultant Review.
The Town Board may consult with any local, County, State, Federal or private individual
or agency in the course of its deliberations on any application. Any cost for consultant
review may be charged to the applicant.
443.5 Referral to Tompkins County Planning Department
Referral to Tompkins County Planning Department shall be made in accordance with
General Municipal Law, Section 239 (l, & m) 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 (l & m).
443.6 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
ޛ
Town of Groton Land Use & Development Code
127
Quality Review Act (SEQRA), the Town Board shall attempt to integrate, as appropriate,
Planned Unit Development 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 Planned Unit Development 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.
443.7 Reimbursable Costs
Costs incurred by the Town Board in connection with the review of a proposed Planned
Unit Development Application shall be charged to the applicant. These costs shall
include:
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 and considered a condition
of approval.
443.8 Preliminary Proposal
An applicant for a Planned Unit Development District must submit a request to the Town
Board in the form of a Preliminary Planned Unit Development proposal, which must
include:
a. A sketch development plan showing existing and proposed development and the
approximate location of proposed facilities and activities, existing topographic
characteristics, approximate location of streets and easements, and existing
development immediately adjacent to the proposed Planned Unit Development
District.
b. A written explanation of the character and purpose of the Planned Unit
Development District, including the type and density of any housing proposed, the
water and sewage system proposed, a general statement of proposed financing,
and the expected timetable for development.
c. Completed and signed Part I section of the Short Environmental Assessment Form
(SEAF) or the Long Environmental Assessment Form (LEAF), as determined by
6NYCRR Part 617
d. A request to rezone a specific site to a Planned Unit Development District in
accordance with the procedures in Section 410, Amendments.
e. A description of the site boundary suitable for inclusion on the Zoning Map.
f. An outline of the contents of the Planned Unit Development regulations sought,
covering as many as possible of the points in the basic Zoning District regulations
in Sections 342-349.
ޛ㠀
Town of Groton Land Use & Development Code
128
The Town Board may direct the applicant to provide additional information and attend
additional meetings to confer with the Town Board.
443.9 Preparation of Amendmen for Planned Unit Development District
The Town Board takes under advisement the materials and information presented in the
applicant’s preliminary proposal. If the Town Board chooses to act on the application and
proceed with a rezoning to a Planned Unit Development District, an amendment to this
Code is prepared, including an amendment to the Zoning Map, and regulations governing
the proposed Planned Unit Development District. Those amendments are to be inserted
following Section 349 as Sections 350.
The regulations shall, as a minimum, cover the following points, which are the same as
addressed in the basic district regulations, Sections 342-359.
a. Activities to be allowed: mix, magnitude, and location,
b. Minimum lot area and frontage (if the Planned Unit Development District is to be
divided into separate ownership parcels),
c. Minimum yard depth, including space between structures, and
Maximum structure dimensions, including height.
In addition, the regulations for the Planned Unit Development District should include all
those items in Article 3 of this Code that are pertinent. The Town Board may also include
provisions which are not found elsewhere in this Code but which are legitimate exercises
of their zoning power.
443.10 Planned Unit Development Amendment Procedure
An amendment to this Code to provide for a Planned Unit Development District is subject
to the same procedural requirements as any other amendment, including a Public
Hearing. The amendment procedure is found in Section 410.
443.11 Site Plan Review of Newly Established Planned Unit Development
In amending this Code to establish a new Planned Unit Development District, the Town
Board also directs the Planning Board to conduct a Site Plan Review of the Planned Unit
Development in accordance with the procedure in Section 441, Site Plan Review and
Approval, thereby ensuring that the Planned Unit Development District is developed in
accordance with the applicable regulations.
443.12 Performance Guarantee.
The Planning Board shall require a Performance Guarantee pursuant to Section 441.13
of this Code.
443.13 Review
If within one year after approval of the Final Detailed Site Plan by the Planning Board, no
progress is being made on the Planned Unit Development by the developer, the Town
Board may choose to consider amending this Code to delete the Planned Unit
Development District or to meet with the developer to negotiate a new timeline.
ޚ
Town of Groton Land Use & Development Code
129
443.14 Revisions of Final Site Plan for Subdivided Planned Unit Development
All sections of a subdivided Planned Unit Development District are to be controlled by the
Final Detailed Site Plan. The provisions governing amendments to the Final Detailed Site
Plan apply even though subdivision has occurred. The owners or lessees of a subdivided
Planned Unit Development District may jointly or separately make application under these
regulations for an amendment to the Final Detailed Site Plan.
ޜ噐
Town of Groton Land Use & Development Code
130
APPENDICES - INCLUDED FOR REFERENCE PURPOSES
Appendix A.
Local Law # 1 of the Year 2007 PROVIDING FOR THE ADMINISTRATION AND
ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE
SECTION 1. PURPOSE AND INTENT
This local law provides for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town of Groton. This local law is adopted pursuant
to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform
Code, other state law, or other section of this local law, all buildings, structures, and premises,
regardless of use or occupancy, are subject to the provisions of this local law.
SECTION 2. DEFINITIONS
In this local law:
“Building Permit” shall mean a permit issued pursuant to section 4 of this local law. The term
“Building Permit” shall also include a Building Permit which is renewed, amended or extended
pursuant to any provision of this local law.
“Certificate of Occupancy/Certificate of Completion” shall mean a certificate issued pursuant to
subdivision (b) of section 7 of this local law.
“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to
subdivision (b) of section 3 of this local law.
“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.
“Compliance Order” shall mean an order issued by the Code Enforcement Officer pursuant to
subdivision (a) of section 15 of this local law.
“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in
effect and as hereafter amended from time to time.
“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this
local law.
“Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term
“Operating Permit” shall also include an Operating Permit which is renewed, amended or
extended pursuant to any provision of this local law.
“Permit Holder” shall mean the Person to whom a Building Permit has been issued.
“Person” shall include an individual, corporation, limited liability company, partnership, limited
partnership, business trust, estate, trust, association, or any other legal or commercial entity of
any kind or description.
ޛ╠
Town of Groton Land Use & Development Code
131
“Stop Work Order” shall mean an order issued pursuant to section 6 of this local law.
“Temporary Certificate” shall mean a certificate issued pursuant to subdivision (d) of section 7 of
this local law.
“Town” shall mean Town of Groton.
“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as
currently in effect and as hereafter amended from time to time.
SECTION 3. CODE ENFORCEMENT OFFICER
A. The Code Enforcement Officer shall administer and enforce all the provisions of the New
York State Uniform Fire Prevention and Building Code as currently in effect and as hereafter
amended from time to time (hereinafter “Uniform Code”), the State Energy Conservation
Construction Code as currently in effect and as hereafter amended from time to time
(hereinafter “Energy Code”), and any and all applicable local laws of the Town of Groton as
currently in effect and as hereinafter amended or enacted from time to time (hereinafter “Local
Laws”). The Code Enforcement Officer shall have the following powers and duties:
1. to receive, review, and approve or disapprove applications for Building Permits,
Certificates of Occupancy/Certificates of Completion, Temporary Certificates and
Operating Permits, and the plans, specifications and construction documents
submitted with such applications;
2. upon approval of such applications, to issue Building Permits, Certificates of
Occupancy/Certificates of Completion, Temporary Certificates and Operating
Permits, and to include in Building Permits, Certificates of Occupancy/Certificates
of Compliance, Temporary Certificates and Operating Permits such terms and
conditions as the Code Enforcement Officer may determine to be appropriate;
3. to conduct construction inspections, inspections to be made prior to the issuance
of Certificates of Occupancy/Certificates of Completion, Temporary Certificates
and Operating Permits, fire safety and property maintenance inspections,
inspections incidental to the investigation of complaints, and all other inspections
required or permitted under any provision of this local law;
4. to issue Stop Work Orders;
5. to review and investigate complaints;
6. to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local
law;
7. to maintain records;
8. to pursue administrative enforcement actions and proceedings;
9. in consultation with this Town’s attorney, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the Energy
Code and this local law, or to abate or correct conditions not in compliance with
the Uniform Code, the Energy Code or this local law; and
10. to exercise all other powers and fulfill all other duties conferred upon the Code
ޛ㤀
Town of Groton Land Use & Development Code
132
Enforcement Officer by this local law.
B. The Code Enforcement Officer shall be appointed by the Town Board. The Code
Enforcement Officer shall possess background experience related to building construction or fire
prevention and shall, within the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State of New York shall require
for code enforcement personnel, and the Code Enforcement Officer shall obtain certification
from the State Fire Administrator pursuant to the Executive Law and the regulations
promulgated thereunder.
C. In the event that the Code Enforcement Officer is unable to serve as such for any
reason, an individual shall be appointed by the Town Board to serve as Acting Code
Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her
appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement
Officer by this local law.
D. Services of an individual, partnership, business corporation or other similar firm
may be contracted for or one or more Inspectors may be appointed by the Town Board to act
under the supervision and direction of the Code Enforcement Officer and to assist the Code
Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon
the Code Enforcement Officer by this local law. Said individual or firm and each Inspector shall,
within the time prescribed by law, obtain such basic training, in-service training, advanced in-
service training and other training as the State of New York shall require for code enforcement
personnel, and each Inspector shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder. When the services
of such an individual, partnership, business corporation or other similar firm are contracted for,
there may be an additional fee for final inspection which shall be payable directly to the provider
of said services.
E. The compensation for the Code Enforcement Officer and for any services
provided in assistance thereof shall be fixed from time to time by the Town Board.
SECTION 4: BUILDING PERMITS.
A. Building Permits Required. Except as otherwise provided in subdivision (b) of this
section, a Building Permit shall be required for any work which must conform to the Uniform
Code and/or the Energy Code, including, but not limited to, the construction, enlargement,
alteration, improvement, removal, relocation or demolition of any building or structure or any
portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in
any dwelling unit. No Person shall commence any work for which a Building Permit is required
without first having obtained a Building Permit from the Code Enforcement Officer.
B. Exemptions. No Building Permit shall be required for work in any of the following
categories:
1. construction or installation of one story detached structures associated with one-
or two-family dwellings or multiple single-family dwellings (townhouses) which
are used for tool and storage sheds, playhouses or similar uses, provided the
gross floor area does not exceed 144 square feet (13.88 square meters);
2. installation of swings and other playground equipment associated with a one-
one- or two-family dwelling or multiple single-family dwellings (townhouses);
ޚ
Town of Groton Land Use & Development Code
133
3. installation of swimming pools associated with a one- or two-family dwelling or
multiple single-funnily dwellings (townhouses) where such pools are designed for
a water depth of less than 24 inches and are installed entirely above ground;
4. installation of fences which are not part of an enclosure surrounding a swimming
pool;
5. construction of retaining walls unless such walls support a surcharge or impound
Class 1, 11 or IIIA liquids;
6. construction of temporary motion picture, television and theater stage sets and
scenery;
7. installation of window awnings supported by an exterior wall of a one- or two-
family dwelling or multiple single-family dwellings (townhouses);
8. installation of partitions or movable cases less than 5'-9”. in height;
9. painting, wallpapering, tiling, carpeting, or other similar finish work;
10. installation of listed portable electrical, plumbing, heating, ventilation or cooling
equipment or appliances;
11. replacement of any equipment provided the replacement does not alter the
equipment's listing or render it inconsistent with the equipment's original
specifications; or
12. repairs, provided that such repairs do not involve (i) the removal or cutting away
of a load bearing wall, partition, or portion thereof, or of any structural beam or
load bearing component; (ii) the removal or change of any required means of
egress, or the rearrangement of parts of a structure in a manner which affects
egress; (iii) the enlargement, alteration, replacement or relocation of any building
system; or (iv) the removal from service of all or part of a fire protection system
for any period of time.
C. Exemption not deemed authorization to perform non-compliant work. The
exemption from the requirement to obtain a building permit for work in any category set forth in
subdivision (b) of this section shall not be deemed an authorization for work to be performed in
violation of the Uniform Code or the Energy Code.
D. Applications for Building Permits. Applications for a Building Permit shall be
made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.
The application shall be signed by the owner of the property where the work is to be performed
or an authorized agent of the owner. The application shall include such information as the Code
Enforcement Officer deems sufficient to permit a determination by the Code Enforcement
Officer that the intended work complies with all applicable requirements of the Uniform Code
and the Energy Code. The application shall include or be accompanied by the following
information and documentation:
1. a description of the proposed work;
2. the tax map number and the street address of the premises where the work is to
be performed;
ޛb
Town of Groton Land Use & Development Code
134
3. the occupancy classification of any affected building or structure;
4. where applicable, a statement of special inspections prepared in accordance with
the provisions of the Uniform Code; and
5. at least 2 sets of construction documents (drawings and/or specifications) which
(i) define the scope of the proposed work; (ii) are prepared by a New York State
registered architect or licensed professional engineer where so required by the
Education Law; (iii) indicate with sufficient clarity and detail the nature and extent
of the work proposed; (iv) substantiate that the proposed work will comply with
the Uniform Code and the Energy Code; and (v) where applicable, include a site
plan that shows any existing and proposed buildings and structures on the site,
the location of any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures and the
lot lines.
E. Construction documents. Construction documents will not be accepted as part of
an application for a Building Permit unless they satisfy the requirements set forth in paragraph
(5) of subdivision (d) of this section. Construction documents which are accepted as part of the
application for a Building Permit shall be marked as accepted by the Code Enforcement Officer
in writing or by stamp. One set of the accepted construction documents shall be retained by the
Code Enforcement Officer, and one set of the accepted construction documents shall be
returned to the applicant to be kept at the work site so as to be available for use by the Code
Enforcement Personnel. However, the return of a set of accepted construction documents to the
applicant shall not be construed as authorization to commence work, nor as an indication that a
Building Permit will be issued. Work shall not be commenced until and unless a Building Permit
is issued.
F. Issuance of Building Permits. An application for a Building Permit shall be
examined to ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue
a Building Permit if the proposed work is in compliance with the applicable requirements of the
Uniform Code and Energy Code.
G. Building Permits to be displayed. Building permits shall be visibly displayed at the
work site and shall remain visible until the authorized work has been completed.
H. Work to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were submitted with and
accepted as part of the application for the Building Permit. The Building Permit shall contain
such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of
any change occurring during the course of the work. The Building Permit shall contain such a
directive. If the Code Enforcement Officer determines that such change warrants a new or
amended Building Permit, such change shall not be made until and unless a new or amended
Building Permit reflecting such change is issued.
I. Time limits. Building Permits shall become invalid unless the authorized work is
commenced within twelve (12) months following the date of issuance. Building Permits shall
expire twelve (12) months after the date of issuance. A Building Permit which has become
invalid or which has expired pursuant to this subdivision may be renewed once upon application
by the Permit Holder, payment of the applicable fee, and approval of the application by the
Code Enforcement Officer.
ޛ☀
Town of Groton Land Use & Development Code
135
J. Revocation or suspension of Building Permits. If the Code Enforcement Officer
determines that a Building Permit was issued in error because of incorrect, inaccurate or
incomplete information, or that the work for which a Building Permit was issued violates the
Uniform Code or the Energy Code, the Code Enforcement officer shall revoke the Building
Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that
(1) all work then completed is in compliance with all applicable provisions of the Uniform Code
and the Energy Code and (2) all work then proposed to be performed shall be in compliance
with all applicable provisions of the Uniform Code and the Energy Code.
K. Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid at the time of submission of an
application for a Building Permit, for an amended Building Permit, or for renewal of a Building
Permit.
SECTION 5. CONSTRUCTION INSPECTIONS.
A. Work to remain accessible and exposed. Work shall remain accessible and
exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector
authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code
Enforcement Officer when any element of work described in subdivision (b) of this section is
ready for inspection.
B. Elements of work to be inspected. The following elements of the construction
process shall be inspected made, where applicable:
1. work site prior to the issuance of a Building Permit;
2. footing and foundation;
3. preparation for concrete slab;
4. framing;
5. building systems, including underground and rough-in;
6. fire resistant construction;
7. fire resistant penetrations;
8. solid fuel burning heating appliances, chimneys, flues or gas vents;
9. Energy Code compliance; and
10. a final inspection after all work authorized by the Building Permit has been
completed.
C. Inspection results. After inspection, the work or a portion thereof shall be noted
as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to
comply with the Uniform Code or Energy Code. Work not in compliance with any applicable
provision of the Uniform Code or Energy Code shall remain exposed until such work shall have
been brought into compliance with all applicable provisions of the Uniform Code and the Energy
Code, reinspected, and found satisfactory as completed.
LР
Town of Groton Land Use & Development Code
136
SECTION 6. STOP WORK ORDERS.
A. Authority to issue. The Code Enforcement Officer is authorized to issue Stop
Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work
Order to halt:
1. any work that is determined by the Code Enforcement Officer to be contrary to
any applicable provision of the Uniform Code or Energy Code, without regard to
whether such work is or is not work for which a Building Permit is required, and
without regard to whether a Building Permit has or has not been issued for such
work, or
2. any work that is being conducted in a dangerous or unsafe manner in the opinion
of the Code Enforcement Officer, without regard to whether such work is or is not
work for which a Building Permit is required, and without regard to whether a
Building Permit has or has not been issued for such work, or
3. any work for which a Building Permit is required which is being performed without
the required Building Permit, or under a Building Permit that has become invalid,
has expired, or has been suspended or revoked.
B. Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be
dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for
issuance, and (4) if applicable, state the conditions which must be satisfied before work will be
permitted to resume.
C. Service of Stop Work Orders. The Code Enforcement Officer shall cause the
Stop Work Order, or a copy thereof to be served on the owner of the affected property (and, if
the owner is not the Permit Holder, on the Permit Holder) personally or by registered mail. The
Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or
a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other Person taking part or assisting in work
affected by the Stop Work Order, personally or by registered mail; provided, however, that
failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop
Work Order.
D. Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner
of the affected property, the Permit Holder and any other Person performing, taking part in or
assisting in the work shall immediately cease all work which is the subject of the Stop Work
Order.
E. Remedy not exclusive. The issuance of a Stop Work Order shall not be the
exclusive remedy available to address any event described in subdivision (a) of this section, and
the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or
limitation of, the right and authority to pursue any other remedy or impose any other penalty
under section 15 (Violations) of this local law or under any other applicable local law or State
law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time
of, or after the issuance of a Stop Work Order.
SECTION 7. CERTIFICATES OF OCCUPANCY/CERTIFICATE OF COMPLETION
A. Certificates of Occupancy/Certificate of Completion required. A Certificate of
ޛሠ
Town of Groton Land Use & Development Code
137
Occupancy/Certificate of Completion shall be required for any work which is the subject of a
Building Permit and for all structures, buildings, or portions thereof, which are converted from
one use or occupancy classification or subclassification to another. Permission to use or occupy
a building or structure, or portion thereof, for which a Building Permit was previously issued shall
be granted only by issuance of a Certificate of Occupancy.
B. Issuance of Certificates of Occupancy/Certificate of Completion. The Code
Enforcement Officer shall issue a Certificate of Occupancy/Certificate of Completion if the work
which was the subject of the Building Permit was completed in accordance with all applicable
provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building
or portion thereof that was converted from one use or occupancy classification or
subclassification to another complies with all applicable provisions of the Uniform Code and
Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code
Enforcement Officer shall inspect the building, structure or work prior to the issuance of a
Certificate of Occupancy/Certificate of Completion. In addition, where applicable, the following
documents, prepared in accordance with the provisions of the Uniform Code by such person or
persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at
the expense of the applicant for the Certificate of Occupancy/Certificate of Completion, shall be
provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy
/Certificate of Completion:
1. a written statement of structural observations and/or a final report of special
inspections, and
2. flood hazard certifications.
C. Contents of Certificates of Occupancy/Certificate of Completion. A Certificate of
Occupancy/Certificate of Completion shall contain the following information:
1. the Building Permit number, if any;
2. the date of issuance of the Building Permit, if any;
3. the name, address and tax map number of the property;
4. if the Certificate of Occupancy/Certificate of Completion is not applicable to an
entire structure, a description of that portion of the structure for which the
Certificate of Occupancy/Certificate of Completion is Issued;
5. the use and occupancy classification of the structure;
6. the type of construction of the structure;
7. the assembly occupant load of the structure, if any;
8. if an automatic sprinkler system is provided, a notation as to whether the
sprinkler system is required;
9. any special conditions imposed in connection with the issuance of the
Building Permit; and
10. the signature of the Code Enforcement Officer issuing the Certificate of
Occupancy/Certificate of Completion and the date of issuance.
ޛ➐
Town of Groton Land Use & Development Code
138
D. Temporary Certificate. The Code Enforcement Officer shall be permitted to issue
a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion
thereof, prior to completion of the work which is the subject of a Building Permit. However, in no
event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code
Enforcement Officer determines (1) that the building or structure, or the portion thereof covered
by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or
fire protection equipment which has been installed is operational, and (3) that all required
means of egress from the building or structure have been provided. The Code Enforcement
Officer may include in a Temporary Certificate such terms and conditions as he or she deems
necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform
Code. A Temporary Certificate shall be effective for a period of time, not to exceed six (6)
months, which shall be determined by the Code Enforcement Officer and specified in the
Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate,
the Permit Holder shall undertake to bring the building or structure into full compliance with all
applicable provisions of the Uniform Code and the Energy Code.
E. Revocation or suspension of certificates. If the Code Enforcement Officer
determines that a Certificate of Occupancy/Certificate of Completion or a Temporary Certificate
was issued in error because of incorrect, inaccurate or incomplete information, and if the
relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within
such period of time as shall be specified by the Code Enforcement Officer, the Code
Enforcement Officer shall revoke or suspend such certificate.
SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of any fire department providing fire fighting services for a property within this
Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any
structural damage, fuel burning appliance, chimney or gas vent.
SECTION 9. UNSAFE BUILDINGS AND STRUCTURES
Unsafe structures and equipment in this Town shall be identified and addressed in
accordance with local laws as now in effect or as hereinafter amended or enacted from time to
time by the Town.
SECTION 10. OPERATING PERMITS.
A. Operation Permits required. Operating Permits shall be required for conducting
the activities or using the categories of buildings listed below:
1. manufacturing, storing or handling hazardous materials in quantities exceeding those
listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the
publication entitled “Fire Code of New York State”' and incorporated by reference in
19 NYCRR section 1225.1;
2. hazardous processes and activities, including but not limited to, commercial and
industrial operations which produce combustible dust as a byproduct, fruit and crop
ripening, and waste handling;
3. use of pyrotechnic devices in assembly occupancies;
ޛ㴀
Town of Groton Land Use & Development Code
139
4. buildings containing one or more areas of public assembly with an occupant load of
100 persons or more; and
5. buildings whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by resolution adopted by the Town Board of
this Town.
Any person who proposes to undertake any activity or to operate any type of building listed in
this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such
activity or operation.
B. Applications for Operating Permits. An application for an Operating Permit shall
be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer.
Such application shall include such information as the Code Enforcement Officer deems
sufficient to permit a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer
determines that tests or reports are necessary to verify conformance, such tests or reports shall
be performed or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the applicant.
C. Inspections. The Code Enforcement Officer or an Inspector authorized by the
Code Enforcement Officer shall inspect the subject premises prior to the issuance of an
Operating Permit.
D. Multiple Activities. In any circumstance in which more the one activity listed in
subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer
may require a separate Operating Permit for each such activity, or the Code Enforcement
Officer may, in his or her discretion, issue a single Operating Permit to apply to all such
activities.
E. Duration of Operating Permits. Operating Permits shall be issued for such period of
time, not to exceed one (1) year in the case of any Operating Permit issued for an area of public
assembly and not to exceed three (3) years in any other case, as shall be determined by the
Code Enforcement Officer to be consistent with local conditions. The effective period of each
Operating Permit shall be specified in the Operating Permit. An Operating Permit may be
reissued or renewed upon application to the Code Enforcement Officer, payment of the
applicable fee, and approval of such application by the Code Enforcement Officer.
F. Revocation or suspension of Operating Permits. If the Code Enforcement Officer
determines that any activity or building for which an Operating Permit was issued does not
comply with any applicable provision of the Uniform Code, such Operating Permit shall be
revoked or suspended.
G. Fee. The fee specified in or determined in accordance with the provisions set
forth in section 16 (Fees) of this local law must be paid at the time submission of an application
for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an
Operating Permit.
SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
A. Inspections required. Fire safety and property maintenance inspections of buildings
and structures shall be performed by the Code Enforcement Officer or an Inspector designated
by the Code Enforcement Officer at the following intervals:
ޛ
Town of Groton Land Use & Development Code
140
1. Fire safety and property maintenance inspections of buildings or structures which
contain an area of public assembly shall be performed at least once every twelve
(12) months.
2. Fire safety and property maintenance inspections of buildings or structures being
occupied as dormitories shall be performed at least once every twelve (12)
months.
3. Fire safety and property maintenance inspections of all multiple dwellings not
included in paragraphs (1) or (2) of this subdivision, and all non-residential
buildings, structures, uses and occupancies not included in paragraphs (1) or (2)
of this subdivision, shall be performed at least once every twenty-four (24)
months.
B. Inspections permitted. In addition to the inspections required by subdivision (a) of
this section, a fire safety and property maintenance inspection of any building, structure, use, or
occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or
an Inspector designated by the Code Enforcement Officer at any time upon:
1. the request of the owner of the property to be inspected or an authorized agent of
such owner;
2. receipt by the Code Enforcement Officer of a written statement alleging that
conditions or activities failing to comply with the Uniform Code or Energy Code
exist; or
3. receipt by the Code Enforcement Officer of any other information, reasonably
believed by the Code Enforcement Officer to be reliable, giving rise to reasonable
cause to believe that conditions or activities failing to comply with the Uniform
Code or Energy Code exist;
4. provided, however, that nothing in this subdivision shall be construed as
permitting an inspection under any circumstances under which a court order or
warrant permitting such inspection is required, unless such court order or warrant
shall have been obtained.
C. OFPC Inspections. Nothing in this section or in any other provision of this local law
shall supersede, limit or impair the powers, duties and responsibilities of the New York State
Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator under
Executive Law section 156-e and Education Law section 807-b.
1. the Code Enforcement Officer shall not perform fire safety and property
maintenance inspections of a building or structure which contains an area of
public assembly if OFPC performs fire safety and property maintenance
inspections of such building or structure at least once every twelve (12) months;
2. the Code Enforcement Officer shall not perform fire safety and property
maintenance inspections of a building or structure occupied as a dormitory if
OFPC performs fire safety and property maintenance inspections of such
building or structure at least once every twelve (12) months;
3. the Code Enforcement Officer shall not perform fire safety and property
ޛ٠
Town of Groton Land Use & Development Code
141
maintenance inspections of a multiple dwelling not included in paragraphs 1 or 2
of subdivision A of this section if OFPC performs fire safety and property
maintenance inspections of such multiple dwelling, structure, use or occupancy
at intervals not exceeding the interval specified in paragraph 3 of subdivision A of
this section; and
4. the Code Enforcement Officer shall not perform fire safety and property
maintenance inspections of a non-residential building, structure, use or
occupancy not included in paragraphs 1 or 2 of subdivision A of this section if
OFPC performs fire safety and property maintenance inspections of such non-
residential building, structure, use or occupancy at intervals not exceeding the
interval specified in paragraph 3 of subdivision A of this section.
SECTION 12. COMPLAINTS
The Code Enforcement Officer shall review and investigate complaints which allege or
assert the existence of conditions or activities that fail to comply with the Uniform Code, the
Energy Code, this local law, or any other local law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for responding to a
complaint shall include such of the following steps as the Code Enforcement Officer may deem
to be appropriate:
A. performing an inspection of the conditions and/or activities alleged to be in violation,
and documenting the results of such inspection;
B. if a violation is found to exist, providing the owner of the affected property and any
other Person who may be responsible for the violation with notice of the violation and
opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner
described in section 15 (Violations) of this local law;
C. if appropriate, issuing a Stop Work Order;
D. if a violation which was found to exist is abated or corrected, performing an
inspection to ensure that the violation has been abated or corrected, preparing a final written
report reflecting such abatement or correction, and filing such report with the complaint.
SECTION I3. RECORD KEEPING.
A. The Code Enforcement Officer shall keep permanent official records of all
transactions and activities conducted by all Code Enforcement Personnel, including records of:
1. all applications received, reviewed and approved or denied;
2. all plans, specifications and construction documents approved;
3. all Building Permits, Certificates of Occupancy/Certificate of Completion,
Temporary Certificates, Stop Work Orders, and Operating Permits issued;
4. all inspections and tests performed;
5. all statements and reports issued;
6. all complaints received;
ޛᴀ
Town of Groton Land Use & Development Code
142
7. all investigations conducted;
8. all other features and activities specified in or contemplated by sections 4
through 12, inclusive, of this local law, including; and
9. all fees charged and collected.
B. Al1 such records shall be public records open for public inspection during normal
business hours. All plans and records pertaining to buildings or structures, or appurtenances
thereto, shall be retained for at least the minimal time period so required by State law and
regulation.
SECTION 14. PROGRAM REVIEW AND REPORTING
A. The Code Enforcement Officer shall annually submit to the Town Board of this Town
a written report and summary of all business conducted by the Code Enforcement Officer and
the Inspectors, including a report and summary of all transactions and activities described in
section 13 (Record Keeping) of this local law and a report and summary of all appeals or
litigation pending or concluded.
B. The Code Enforcement Officer shall annually submit to the Secretary of State, on
behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of
this Town relative to administration and enforcement of the Uniform Code.
C. The Code Enforcement Officer shall, upon request of the New York State
Department of State, provide to the New York State Department of State, from the records and
related materials this Town is required to maintain, excerpts, summaries, tabulations, statistics
and other information and accounts of the activities of this Town in connection with
administration and enforcement of the Uniform Code.
SECTION 15: VIOLATIONS
A. Compliance Orders. The Code Enforcement Officer is authorized to order in writing
the remedying of any condition or activity found to exist in, on or about any building, structure, or
premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that
any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance
Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code
Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the
Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the
Energy Code, or this local law which is/are violated by the specified condition or activity; (5)
specify the period of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance; (6) direct that compliance be achieved within the specified
period of time; and (7) state that an action or proceeding to compel compliance maybe instituted
if compliance is not achieved within the specified period of time. The Code Enforcement Officer
shall cause the Compliance Order, or a copy thereof to be served on the owner of the affected
property personally or by registered mail. The Code Enforcement Officer shall be permitted, but
not required, to cause the Compliance Order, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any
other Person taking part or assisting in work being performed at the affected property personally
or by registered mail; provided however, that failure to serve any Person mentioned in this
sentence shall not affect the efficacy of the Compliance Order.
ޛ٠
Town of Groton Land Use & Development Code
143
B. Appearance Tickets. The Code Enforcement Officer and each Inspector are
authorized to issue appearance tickets for any violation of the Uniform Code.
C. Civil Penalties. In addition to those penalties proscribed by State law, any Person
who violates any provision of the Uniform Code, the Energy Code or this local law or any term
or condition of any Building Permit, Certificate of Occupancy, Temporary Certificate, Stop Work
Order, Operating Permit or other notice or order issued by the Code Enforcement Officer
pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200
for each day or part thereof during which such violation continues. The civil penalties provided
by this subdivision shall be recoverable in an action instituted in the name of this Town.
D. Injunctive Relief. An action or proceeding may be instituted in the name of this
Town, in a of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation
of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any
term or condition of any Building Permit, Certificate of Occupancy, Temporary Certificate, Stop
Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code
Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of
limitation, where the construction or use of a building or structure is in violation of any provision
of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance
Order or other order obtained under the Uniform Code, the Energy Code or this local law, an
action or proceeding may be commenced in the name of this Town, in the Supreme or in any
other court having the requisite jurisdiction, to obtain an order directing the removal of the
building or structure or an abatement of the condition in violation of such provisions. No action
or proceeding described in this subdivision shall be commenced without the appropriate
authorization from the Supervisor of this Town.
E. Remedies Not Exclusive. No remedy or penalty specified in this section shall be the
exclusive remedy or remedy available to address any violation described in this section, and
each remedy or penalty specified in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work
Orders) of this local law in any other section of this local law, or in any other applicable law. Any
remedy or penalty specified in this section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any other remedy or penalty specified in this section,
in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any
other applicable law. In particular, but not by way of limitation, each remedy and penalty
specified in this section shall be in addition to, and not in substitution for or limitation of, the
penalties specified in subdivision (2) of section 38l of the Executive Law, and any remedy or
penalty specified in this section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any penalty specified in subdivision (2) of section 381 of the
Executive Law.
SECTION 16: FEES
A fee schedule shall be established by resolution of the Town Board of this Town. Such fee
schedule may thereafter be amended from time to time by like resolution. The fees set forth in,
or determined in accordance with, such fee schedule or amended fee schedule shall be charged
and collected for the submission of applications for the issuance of Building Permits, amended
Building Permits, renewed Building Permits, Operating Permits and other actions of the Code
Enforcement Officer described in or contemplated by this local law. All fees shall be made
payable to the Groton Town Clerk and collected by the Town Clerk or Deputy Town Clerk.
SECTION I7. INTERMUNICIPAL AGREEMENTS
ޛᵐ
Town of Groton Land Use & Development Code
144
The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter
into an agreement, in the name of this Town, with other governments to carry out the terms of
this local law, provided that such agreement does not violate any provision of the Uniform Code,
the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
SECTION 18. PARTIAL INVALIDITY
If any section of this local law shall be held unconstitutional, invalid, or ineffective, in
whole or in part, such determination shall not be deemed to affect, impair, or invalidate the
remainder of this local law.
SECTION 19. REPEALER
This local law shall supersede sections two (2) through eleven (11) of local law number
one (1) of 1986.
SECTION 20. EFFECTIVE DATE
This local law shall take effect immediately upon filing in the office of the New York State
Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
LР
Town of Groton Land Use & Development Code
145
Appendix B
Inter-governmental Agreement - Tompkins County Review of Local Zoning and
Planning Actions Under New York State General Municipal Law
I. This agreement is made this 11 day of May 2004 between the Tompkins County Planning
Department and the Town of Groton Planning Board.
A. Authority and Purpose of State Law
The authority for county planning agency review of certain local planning and zoning
actions is provided in Article l2-B, Section 239 (1, m & n) of New York State General
Municipal Law (GML). The purpose as stated in law is "to bring pertinent inter-community
and county-wide planning, zoning, site plan and subdivision considerations to the
attention of neighboring municipalities and agencies having jurisdiction."
B. Current Practice in Tompkins County
The Tompkins County Charter gives responsibility for the implementation of this county
review to the Commissioner of Planning. All matters identified in GML Section 239 (m &
n) are currently subject to review.
C. Authority for Inter-governmental Agreement
GML Section 239 (m) specifically authorizes the county planning agency to "enter into an
agreement with the referring body or other duly authorized body of a city, town or village
to provide that certain proposed actions set forth in this subdivision are oflocal, rather
than inter-community or county-wide concern, and are not subject to referral under this
section." GML Section 239 (n) authorizes the same agreement with respect to subdivision
plats.
II. Items to be Excluded from Review
Pursuant to the authority cited herein the parties to this agreement do hereby agree that the
following items are of local, rather than inter-community or county-wide, concern and are not
subject to referral to the Tompkins County Planning Department under New York State
General Municipal Law Article l2-B Section 239 (1, m & n):
A. Lot frontage, width or depth variances for residential uses;
B. Lot area variances for additions to residential uses on existing non-conforming lots;
C. Special Permits or Site Plan Reviews for permitted accessory uses and home
occupations on residential lots;
D. Residential subdivisions of fewer than 5 lots all of which comply with local zoning
standards and Tompkins County Sanitary Code requirements, and do not involve new
local roads or streets directly accessing a State or County road.
E. Yard setback variances not abutting County or State property, a State or
County road right of way, or a municipal boundary;
F. Site Plan Reviews or Special Permits for change of commercial use in an existing
building not involving any change in building footprint and with no change in vehicular
access on a State or County highway;
G. Sign variances exceeding local standards by 20% or less.
III. Execution, Termination and Modification
A. The undersigned parties attest that they have the authority to enter into this agreement.
This agreement shall become effective upon execution by both parties.
B. The agreement shall remain in effect unless terminated by 60 days advance written notice
by either party. Such notice shall be by certified mail to the Tompkins County
Commissioner of Planning or the authorized local municipal official, as appropriate.
C. The agreement may be modified by mutual agreement of the parties hereto.
ޟ鸀
Town of Groton Land Use & Development Code
146
Appendix C
Town of Groton Right to Farm Law of 1997
SECTION 1. LEGISLATIVE INTENT AND PURPOSE
a. The Town Board of the Town of Groton finds that farming is an essential activity within
the Town of Groton.
b. Farming, as defined herein, reinforces the special quality of life enjoyed by residents of
the Town, provides the visual benefit of open space and generates economic benefits
and social well-being within the community. Therefore, the Town of Groton
emphasizes to newcomers and non-farmers that this Town encourages agriculture and
requests newcomers and non- farmers to be understanding of the nature of day to day
operations.
c. It is the general purpose and intent of this Local Law to maintain and preserve the rural
tradition and character of the Town of Groton, to permit the continuation of agriculture
practices, to protect the existence and operation of farms, and to encourage the
initiation and expansion of farms and agriculture businesses.
d. For the purpose of reducing future conflicts between farmers and non-farmers, it is
important that notice to be given to future neighbors about the nature of agriculture
practices.
SECTION 2. DEFINITIONS
a. "Farm" - includes livestock, dairy, poultry, furbearing animal, aquaculture, fruit,
vegetable and field crop farms, plantations, orchards, nurseries, greenhouses or other
similar operations used primarily for the raising of agricultural or horticultural
commodities.
b. "Agricultural Practices" - includes all activities conducted on a farm, necessary to the
operation of a farm.
SECTION 3. THE RIGHT TO UNDERTAKE AGRICULTURE PRACTICES
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.
SECTION 4. NOTICE TO PROSPECTIVE NEIGHBORS
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 Town Law
Section 276 and the Land Use and Development Code of the Town of Groton:
"This property may border a farm, as defined in Town of Groton Local Law No.2 of
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 or acceptable farm
practices which may generate dust, odor, smoke, noise and vibration."
LР
Town of Groton Land Use & Development Code
147
Appendix D
New York State Agriculture & Markets Law, Article 25AA, Section 301
§ 301. Definitions. When used in this article:
1. "Agricultural assessment value" means the value per acre assigned to land for assessment
purposes determined pursuant to the capitalized value of production procedure prescribed by section
three hundred four-a of this article.
2. "Crops, livestock and livestock products" shall include but not be limited to the following:
a. Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
b. Fruits, including apples, peaches, grapes, cherries and berries.
c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
d. Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and
flowers.
e. Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites,
such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, wool
bearing animals, such as alpacas and llamas, milk, eggs and furs.
f. Maple sap.
g. Christmas trees derived from a managed Christmas tree operation whether dug for transplanting
or cut from the stump.
h. Aquaculture products, including fish, fish products, water plants and shellfish.
i. Woody biomass, which means short rotation woody crops raised for bioenergy, and shall not
include farm woodland.
j. Apiary products, including honey, beeswax, royal jelly, bee pollen, propolis, package bees, nucs and
queens. For the purposes of this paragraph, "nucs" shall mean small honey bee colonies created
from larger colonies including the nuc box, which is a smaller version of a
beehive, designed to hold up to five frames from an existing colony.
3. "Farm woodland" means land used for the production for sale of woodland products, including but
not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used to produce
Christmas trees or land used for the processing or retail merchandising of woodland products.
4. "Land used in agricultural production" means not less than seven acres of land used as a single
operation in the preceding two years for the production for sale of crops, livestock or livestock products of
an average gross sales value of ten thousand dollars or more; or, not less than seven acres of land used
in the preceding two years to support a commercial horse boarding operation with annual gross
receipts of ten thousand dollars or more. Land used in agricultural production shall not include land or
portions thereof used for processing or retail merchandising of such crops, livestock or livestock
products. Land used in agricultural production shall also include:
a. Rented land which otherwise satisfies the requirements for eligibility for an agricultural
assessment.
a-1. Land used by a not-for-profit institution for the purposes of agricultural research that is
intended to improve the quality or quantity of crops, livestock or livestock products. Such land shall
qualify for an agricultural assessment upon application made pursuant to paragraph (a) of subdivision
one of section three hundred five of this article, except that no minimum gross sales value shall be
LР
Town of Groton Land Use & Development Code
148
required.
b. Land of not less than seven acres used as a single operation for the production for sale of crops,
livestock or livestock products, exclusive of woodland products, which does not independently satisfy
the gross sales value requirement, where such land was used in such production for the preceding
two years and currently is being so used under a written rental arrangement of five or more years in
conjunction with land which is eligible for an agricultural assessment.
c. Land used in support of a farm operation or land used in agricultural production, constituting
a portion of a parcel, as identified on the assessment roll, which also contains land qualified for an
agricultural assessment.
d. Farm woodland which is part of land which is qualified for an agricultural assessment, provided,
however, that such farm woodland attributable to any separately described and assessed parcel shall
not exceed fifty acres.
e. Land set aside through participation in a federal conservation program pursuant to title one of
the federal food security act of nineteen hundred eighty-five or any subsequent federal programs
established for the purposes of replenishing highly erodible land which
has been depleted by continuous tilling or reducing national surpluses of agricultural commodities and
such land shall qualify for agricultural assessment upon application made pursuant to paragraph a of
subdivision one of section three hundred five of this article, except that no minimum gross sales
value shall be required.
f. Land of not less than seven acres used as a single operation in the preceding two years for the
production for sale of crops, livestock or livestock products of an average gross sales value of ten
thousand dollars or more, or land of less than seven acres used as a single operation in the
preceding two years for the production for sale of crops, livestock or livestock products of an average
gross sales value of fifty thousand dollars or more.
g. Land under a structure within which crops, livestock or livestock products are produced, provided
that the sales of such crops, livestock or livestock products meet the gross sales requirements of
paragraph f of this subdivision.
h. Land that is owned or rented by a farm operation in its first or second year of agricultural
production, or, in the case of a commercial horse boarding operation in its first or second year of
operation, that consists of (1) not less than seven acres used as a single operation for the production for
sale of crops, livestock or livestock products of an annual gross sales value of ten thousand dollars or
more; or (2) less than seven acres used as a single operation for the production for sale of crops,
livestock or livestock products of an annual gross sales value
of fifty thousand dollars or more; or (3) land situated under a structure within which crops,
livestock or livestock products are produced, provided that such crops, livestock or livestock products
have an annual gross sales value of (i) ten thousand dollars or more, if the farm operation uses seven
or more acres in agricultural production, or (ii) fifty thousand dollars or more, if the farm operation uses
less than seven acres in agricultural production; or (4) not less than seven acres used as a single
operation to support a commercial horse boarding operation with annual gross receipts of ten thousand
dollars or more.
i. Land of not less than seven acres used as a single operation for the production for sale of orchard
or vineyard crops when such land is used solely for the purpose of planting a new orchard or vineyard
LР
Town of Groton Land Use & Development Code
149
and when such land is also owned or rented by a newly established farm
operation in its first, second, third or fourth year of agricultural production.
j. Land of not less than seven acres used as a single operation for the production and sale of
Christmas trees when such land is used solely for the purpose of planting Christmas trees that will be
made available for sale, whether dug for transplanting or cut from the stump and when
such land is owned or rented by a newly established farm operation in its first, second, third, fourth
or fifth year of agricultural production.
k. Land used to support an apiary products operation which is owned by the operation and consists
of (i) not less than seven acres nor more than ten acres used as a single operation in the preceding two
years for the production for sale of crops, livestock or livestock products of an
average gross sales value of ten thousand dollars or more or (ii) less than seven acres used as a single
operation in the preceding two years for the production for sale of crops, livestock or livestock products
of an average gross sales value of fifty thousand dollars or more. The land
used to support an apiary products operation shall include, but not be limited to, the land under a
structure within which apiary products are produced, harvested and stored for sale; and a buffer area
maintained by the operation between the operation and adjacent landowners.
Notwithstanding any other provision of this subdivision, rented land associated with an apiary
products operation is not eligible for an agricultural assessment based on this paragraph.
5. "Oil, gas or wind exploration, development or extraction activities" means the installation
and use of fixtures and equipment which are necessary for the exploration, development or extraction of
oil, natural gas or wind energy, including access roads, drilling apparatus, pumping facilities,
pipelines, and wind turbines.
6. "Unique and irreplaceable agricultural land" means land which is uniquely suited for the production
of high value crops, including, but not limited to fruits, vegetables and horticultural specialties.
7. "Viable agricultural land" means land highly suitable for agricultural production and which
will continue to be economically feasible for such use if real property taxes, farm use restrictions, and
speculative activities are limited to levels approximating those in commercial agricultural areas not
influenced by the proximity of non-agricultural development.
8. "Conversion" means an outward or affirmative act changing the use of agricultural land and shall
not mean the nonuse or idling of such land.
9. "Gross sales value" means the proceeds from the sale of:
a. Crops, livestock and livestock products produced on land used in agricultural production
provided, however, that whenever a crop is processed before sale, the proceeds shall be based upon
the market value of such crop in its unprocessed state;
b. Woodland products from farm woodland eligible to receive an agricultural assessment, not to
exceed two thousand dollars annually;
c. Honey and beeswax produced by bees in hives located on an otherwise qualified farm operation
but which does not independently satisfy the gross sales requirement;
d. Maple syrup processed from maple sap produced on land used in agricultural production in
conjunction with the same or an otherwise qualified farm operation;
e. Or payments received by reason of land set aside pursuant to paragraph e of subdivision four of
this section;
ޛ
Town of Groton Land Use & Development Code
150
f. Or payments received by thoroughbred breeders pursuant to section two hundred fifty-four of the
racing, pari-mutuel wagering and breeding law; and
g. Compost, mulch or other organic biomass crops as defined in subdivision sixteen of this
section produced on land used in agricultural production, not to exceed five thousand dollars
annually.
11. "Farm operation" means the land and on-farm buildings, 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 subdivision thirteen of this section, "timber processing" as defined in
subdivision fourteen of this section and "compost, mulch or other biomass crops" as defined in
subdivision sixteen of this section. For purposes of this section,
such farm operation shall also include the production, management and harvesting of "farm woodland",
as defined in subdivision three of this section. Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
12. "Agricultural data statement" means an identification of farm operations within an agricultural
district located within five hundred feet of the boundary of property upon which an action requiring
municipal review and approval by the planning board, zoning board of appeals, town board, or village
board of trustees pursuant to article sixteen of the town law or article seven of the village law is proposed,
as provided in section three hundred five-a of this article.
13. "Commercial horse boarding operation" means an agricultural enterprise, consisting of at least
seven acres and boarding at least ten horses, regardless of ownership, that receives ten thousand
dollars or more in gross receipts annually from fees generated either through the boarding of horses
or through the production for sale of crops, livestock, and livestock products, or through both such
boarding and such production. Under no circumstances shall this subdivision be construed to include
operations whose primary on site function is horse
racing. Notwithstanding any other provision of this subdivision, a commercial horse boarding
operation that is proposed or in its first or second year of operation may qualify as a farm operation if it
is an agricultural enterprise, consisting of at least seven acres, and
boarding at least ten horses, regardless of ownership, by the end of the first year of operation.
14. "Timber processing" means the on-farm processing of timber grown on a farm operation into
woodland products, including but not limited to logs, lumber, posts and firewood, through the use of a
readily moveable, nonpermanent saw mill, provided that such farm operation consists of at least seven
acres and produces for sale crops, livestock or livestock
products of an annual gross sales value of ten thousand dollars or more and that the annual gross
sales value of such processed woodland products does not exceed the annual gross sales value of
such crops, livestock or livestock products.
15. "Agricultural tourism" means activities conducted by a farmer on-farm for the enjoyment or
education of the public, which primarily promote the sale, marketing, production, harvesting or use
of the products of the farm and enhance the public's understanding and awareness of farming and
farm life.
* 16. "Apiary products operation" means an agricultural enterprise, consisting of land owned by the
operation, upon which bee hives are located and maintained for the purpose of producing,
Town of Groton Land Use & Development Code
151
harvesting and storing apiary products for sale.
* NB There are 2 sb 16's
* 16. "Compost, mulch or other organic biomass crops" means the on-farm processing, mixing,
handling or marketing of organic matter that is grown or produced by such farm operation to rid such
farm operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-
farm generated organic matter that is transported to
such farm operation and is necessary to facilitate the composting of such farm operation's agricultural
waste. This shall also include the on-farm processing, mixing or handling of off-farm generated organic
matter for use only on that farm operation. Such organic matter shall
include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm waste, vegetation,
wood biomass or by-products of agricultural products that have been processed on such farm
operation. The resulting products shall be converted into compost, mulch or other
organic biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding
materials. For purposes of this section, "compost" shall be processed by the aerobic, thermophilic
decomposition of solid organic constituents of solid waste to produce a stable,
humus-like material.
* NB There are 2 sb 16's
LР
Town of Groton Land Use & Development Code
152
Appendix E.
Town of Groton Land Use & Development Code
153
Town of Groton Land Use & Development Code
154
Town of Groton Land Use & Development Code
155
Town of Groton Land Use & Development Code
156
Town of Groton Land Use & Development Code
157
Town of Groton Land Use & Development Code
158
Town of Groton Land Use & Development Code
159
Town of Groton Land Use & Development Code
160
Town of Groton Land Use & Development Code
161
Town of Groton Land Use & Development Code
162
ޛ ȀL
Town of Groton Land Use & Development Code
163
Town of Groton Land Use & Development Code
164
Town of Groton Land Use & Development Code
165
Town of Groton Land Use & Development Code
166
Maps provided for reference only. Full size
maps available for review at Code
Enforcement Office or Town Clerk’s Office.
Town of Groton Land Use & Development Code
167
Maps provided for reference only. Full size
maps available for review at Code
Enforcement Office or Town Clerk’s Office.
Town of Groton Land Use & Development Code
168
ޛ Ȁ
Town of Groton Land Use & Development Code
169
Maps provided for reference only. Full size
maps available for review at Code
Enforcement Office or Town Clerk’s Office.
Town of Groton Land Use & Development Code
170