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HomeMy WebLinkAbout2018 #2 Amend Various section of the 2011 Land Use codeSupervisor (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 November 14, 2018 TOWN OF GROTON 4 TOWN OF GROTON �tiEw YORE 101 Conger Boulevard, PO Box 36, Groton, NY 13073 NYS Department of State Corporations, State Records & UCC 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. 2 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.2 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 November 13, 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, ) - fdul� i C 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 November 28, 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 2 2018, filed on November 20, 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, wwww.dos.nv.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NEWYORK Department STATE OF � OPPORTUNITY, 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 FilingAlbany, NY 12231-0001 www.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 jrtd�06 not use italics or underlining to indicate new matter. s ❑County ❑City ❑x Town ❑Village (Select one:) S-yAT E of Groton _ „ f,-r:. 'i t ,.., - Local Law No. 2 of the year 2018 A local law to Amend Various Sections of the Town of Groton Land Use and Development Code. (Insert Title) Be it enacted by the Town Board of the (Name of Legislative Body) []County ❑City ❑x Town ❑Village (Select one:) of Groton, New York as follows: 1. Amend Section 120. Definitions to delete, add, or amend the following definitions: a. Delete: Boundary Change and the definition b. Add: 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. c. Add: 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. d. Add: 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. Page 1 of 10 e. Amend: Cluster Subdivision to read: 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. f. Amend: Subdivision to read: 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.) g. Amend: 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. h. Amend: 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. i. Amend: 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. 2. Amend Section 202, Part 202.1 to read: 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. 3. Amend Section 210, Part 210.1 to read: 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. Page 2 of 10 4. Amend Section 211 to read: 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. 5. Add Section 218 as follows: 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 Page 3 of 10 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 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. 6. Add Section 219 as follows: 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: Page 4 of 10 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. 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. Page 5 of 10 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. 218.8 The 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. 7. Amend Section 230. Major Subdivision - Level 1 - Review Procedure to read: 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. 8. Amend Section 240. Major Subdivision - Level 2 - Review Procedure to read: 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. Page 6 of 10 9. Amend Figure 2-A. Subdivision Classification Procedure to be as follows: Figure 2-A. Subdivision Classification Procedure. START NO < New streets needed? > YES 1 NO Utility extension needed? > YES 1 � NO Cluster subdivision proposed?. II YES I One or more Flag lots proposed? Residential flag lots NO 1 > How many resulting lots? 2 lots 2-4 total lots I IF Exempt OR Minor Subdivision 01 Subdivision If all criteria are met 0- 10 One or more > Commercial flag lots 01 5+ total lots Major Subdivision OR �' Major Subdivision Level 1 -Level 2 Page 7 of 10 SECTION 2: 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 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 3: 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. Page 8 of 10 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 2018 __of the (Town)(VUM of Groton was duly passed by the Town Board on 13 November 2018 , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) hereby certify that the local law annexed hereto, designated as local law No. of 20 .............. of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 201 1 1, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of on (Name of Legislative Body) (repassed after disapproval) by the (Elective Chief Executive Officer*) and was deemed duly adopted of 20 of was duly passed by the 20 , and was (approved)(not approved) ........................ on 20 Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (gene ral)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Co unty)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. Page 9 of 10 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph . above. C14A of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body %Seal) Date: 1 / V d Ol Page 10 of 10