HomeMy WebLinkAbout2018 #1 Amend Various sections of Land Use CodeTOWN OF GROTON
Supervisor (607) 898-5102
Donald F. Scheffler
Town Clerk (607) 898-5035
April L. Scheffler, RMC
Town Board Members
Richard Gamel
Sheldon C. Clark
Randy N. Jackson
Crystal Young
101 Conger Boulevard, PO Box 36, Groton, NY 13073
January 10, 2018
NYS Department of State
Div Corporations, Records & Uniform Com Code
One Commerce Plaza
99 Washington Avenue
Albany, NY 1223 1 -0001
Town Justices (607) 898-5273
John J. Norman
Arthur D. Dawson
Code Official (607) 898-4428
W. Rick Fritz
Supt. of Highways (607) 898-3110
Richard C. Case, Jr.
Fax Number (607) 898-3086
Web Site www.townofgrotonny.org
Re: Town of Groton Local Law No. 1 for the Year 2018 entitled "A Local Law to Amend
Various Sections of the Town of Groton Land Use and Development Code as Enacted by
Local Law # 1 of the Year 2011 "
Ladies and Gentlemen:
Enclosed are clerk certified copies of Town of Groton Local Law No. l for the Year 2018. Said
Local Law was passed by resolution of the Town Board of the Town of Groton at their regular
monthly meeting held January 9, 2018. An additional copy of the law is enclosed, which I
would appreciate being time -stamped with the filing date and returned in the self-addressed,
postage -paid envelope provided.
Sincerely,
Tc_�e-�tj WMC_
April L. Scheffler, RMC
Town Clerk
Enclosures
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
WWW.DOS.NY.GOV
February 8, 2018
April L Scheffler
Town Clerk
101 Conger Boulevard
PO Box 36
Groton NY 13073
ANDREW M. CUOMO
GOVERNOR
ROSSANA ROSADO
SECRETARY OF STATE
RE: Town of Groton, Local Law 1 2018, filed on January 18, 2018
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.nv.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEWYORK Department
STATE OF
OPPORTUNITI of State
New York State Department of State
Division of Corporations.. State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local
Law Albany. NY 12231-9001
Filing vvww.dos.ny.gov
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County [_]City Ljown []Village
(Select One)
of Groton
Local Law No. 1 of the year 2018
A local law to Amend Various Sections of the Town of Groton Land Use and Development Code as
(Insert Title)
Enacted by Local Law #1 of the Year 2011
Be it enacted by the
[County L]City
(Select one )
of Groton
Town Board
(Name of Legislative Body)
[x]Town []Village
SECTION 1: GREEN ENERGY
1. Section 120. Definitions
of the
as follows:
a. Delete: Green Energy and the definition.
b. Add: 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.
c. Add: 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.
Page 1 of 7
2. Section 341. Land Use Activities
a. Amend the Land Use Table to read:
Land Use Table
R - Permitted by Right, SP - Site Plan, TBSP - Town Board Approved Special Permit
Land Uses p,
N
N }'
:
N
a
N
-�
_ EQ E
D
D
C
Green Energy Production - Large Scale TBSP
TBSP
TBSP
TBSP
Green Energy Production - Small Scale R
R R
R
R
R
R
3. Delete: Section 366. Non -Commercial Solar Energy Collecting Fixtures and
replace with:
Section 366. Green Energy Production- Small Scale
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.
Page 2 of 7
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.
4. Delete: Section 367. Non -Commercial Solar Energy Collection Fixtures and
replace with:
Section 367. Green Energy Production- Large Scale
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 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:
a. 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:
Page 3 of 7
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.
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.
Page 4of7
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
recommendations as to whether the criteria for granting the Town Board
Special Permit Application have been met.
SECTION 2: SIGNS
1. Delete Section 361. Signs and replace with:
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.
Page 5of7
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.
Table 361-A
Maximum
Maximum
Zone
Number of
Square Footage
Signs Allowed
Allowed
RA
2
50 sq ft
L
2
20sgft
M1
2
20 sq ft
M2
1
12sgft
H
2
100sgft
11
2
50 sq ft
12
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 3: SEVERABILITY
Severability. If any part or provision of this Local Law or application thereof to
any person or circumstance be adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part or
provision or application directly involved in the controversy in which such judgment
shall have been rendered and shall not affect or impair the validity of the
Page 6 of 7
remainder of this Local Law or the application thereof to the other persons or
circumstances, and the Town Board hereby declares that it would have passed the
Local Law or the remainder thereof had such invalid application provision been
apparent.
SECTION 4: EFFECTIVE DATE
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.
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No.
�
the >36 )j (W)(Town)(XhU�16) of Groton
Town Board of the Town of Groton on 9 January 2018
(Name of Legislative Bodk)
provisions of law.
of 2018 of
was duly passed by the
in accordance with the applicable
(if any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local I w. and was finally adopted in the manner indicated in
paragraph . above_
CI r of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
� 6A6tDate: fG
U
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