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HomeMy WebLinkAbout2024 Code Town of Groton Land Use & Development Code Originally Adopted September 13, 2011 Amended January 9, 2018 Amended November 11, 2018 Amended January 30, 2024 Copies available at the Groton Town Clerk’s Office 101 Conger Boulevard, Groton, NY 13073 May be viewed online at townofgrotonny.org Cover Photo: “Spring Pasture at Millbrook Farms” By Robin Cargian, Groton Town Clerk Town of Groton Land Use & Development Code Article 1: Introduction Section 100. Legislative Authority 1 Section 101. Title 1 Section 102. Planning Basis 1 Section 103. Interpretation 1 Section 104. Conformance with New York State Law 1 Section 105. Severability 2 Section 106. Effective Date 2 Section 107. Repeal 2 Section 108. Availability 2 Section 110. Nonconformance 3 Section 111. Statement of Nonconformance Policy 3 Section 112. Nonconforming Lots of Record 3 Section 113. Nonconforming Activities 4 Section 119. Use of Certain Words 5 Section 120. Definitions 5 Figures 1A & 1B 15 Article 2: Land Subdivision Regulations Section 200. Purposes 16 Section 201. Declaration of Policy 16 Section 202. Applicability and Legal Effect 17 Section 203. All Subdivisions 17 Section 204. Coordination with Tompkins County Health Dept 17 Section 205. Referral to the Tompkins County Planning Dept 17 Section 206. Planning Board Use of Consultants 18 Section 207. State Environmental Quality Review 18 Section 208. Reimbursable Costs. 18 Section 209. Plat Review of Undeveloped Subdivisions 18 Section 210. Initiation of Subdivision Review: Submission of a Sketch Plat 19 Section 211. Classification as to Type of Subdivision Review Procedure 19 Figure 2-A Subdivision Classification Procedure Chart 20 Section 218. Administrative Lot Line Adjustment 21 Section 219 Exempt Subdivision 22 Section 220. Minor Subdivision - Review Procedure 24 Section 230. Major Subdivision - Level 1 - Review Procedure 27 Section 240. Major Subdivision - Level 2 - Review Procedure 30 Section 260. Cluster Development 38 Section 261. Manufactured Home Parks 39 Section 270. Design Standards For Subdivisions 46 Section 271. General Considerations 46 Section 272. Street Layout 46 Section 273. Street Design 47 Section 274. Street Names 49 Section 275. Lots 49 Section 276. Flag Lots 50 Section 277. Drainage Improvements 51 Section 278. Parks, Open Spaces, and Natural Features 51 Town of Groton Land Use & Development Code Section 280. Waivers of Certain Required Improvements 53 Article 3. Land Use Regulations Section 300. Purposes 55 Section 301. Development and Occupancy 55 Section 302. Land Use Activities 55 Section 303. Right to Farm. 55 Section 304. Health Department Approval 56 Section 305. Anticipation of Sewers 56 Section 306. Mixed Use of Lots 56 Section 307. Yard Requirements 57 Section 308. Clear Vision Area 57 Section 309. Height Limits Exemption 57 Section 310. Rubbish, Junk and Vehicles 57 Section 311. Fuel Tanks 57 Section 312. Street Numbers 57 Section 313. Porches, Patios and Decks 57 Section 314. Fences and Walls 58 Section 315. Excavations, Abandoned Construction, and Destroyed Structures 58 Section 316. Unsafe Structures 58 Section 317. Disability Ramps 60 Section 330. Establishment of Districts 61 Section 331. Basic Districts 61 Section 332. Flood Hazard Area Combining District: FH 61 Section 333. Planned Unit Development: (PUD) 61 Section 334. Interpretation of the Zoning Map 62 Section 335. Town of Groton Zoning Map Section 340. District Regulations 63 Section 341. Land Use Activities 63 Land Use Table 64 Section 342. Rural Agricultural District (RA) 66 Section 343. Low Intensity District (L) 67 Section 344. Medium Intensity One District (M1) 68 Section 345. Medium Intensity Two District (M2) 69 Section 346 Highway Commercial/Industrial District (H) 70 Section 347. Industrial One District (I1) 71 Section 348. Industrial Two District (I2) 72 Section 360. Off-Street Parking Regulations 74 Section 361. Signs 75 Section 362. Outdoor Lighting 76 Section 363. Buffer Areas 76 Section 364. Commercial Excavation Operations 77 Section 365. Elder Cottage 78 Section 366. Energy Production 81 Section 367. Energy Production - Large Scale 84 Section 368. Outdoor Wood Boilers 91 Section 369. Roadside Stands 92 Section 370. Sawmills 92 Town of Groton Land Use & Development Code Section 371. Self-Storage Facilities 92 Section 372. Portable Accessory Storage Structures 92 Section 373. Portable Tent Structures 93 Section 374. Sexually Oriented Businesses 93 Section 375. Telecommunications Facility 95 Section 376. Junkyards 101 Section 377. Mass Gatherings 103 Section 378. Fireworks 107 Article 4. Procedures and Rules Section 400. Purposes 110 Section 401. Code Enforcement 110 Section 402. Violations and Penalties 110 Section 403. Permits 111 Section 404. Certificate of Occupancy or Certificate of Completion 111 Section 405. Letter of Conformance 112 Section 406. Fees 112 Section 407. Approval of Tompkins County Health Department 112 Section 408. Referral to County Planning Department 112 Section 410. Amendments to this Code 115 Section 420. Zoning Board of Appeals 116 Section 421. Appeals and Variances 116 Section 440. Site Plan Review / Planning Board 123 Section 442. Special Permit Review 130 Section 443. Planned Unit Development 135 Appendices Appendix A - Administration & Enforcement of NYSUFP&BC 140 Appendix B - Items excluded from County review under GML Sect 239 (l & m) 155 Appendix C - Right to Farm Law 156 Appendix D - Ag & Markets Law, Article 25AA, Section 301 157 Appendix E - Flood Damage Prevention Law & Flood Insurance Rate Map (FIRM) 162 Town 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. Town of Groton Land Use & Development Code 4 c. The applicant must receive the Tompkins County Health Department’s approval, if required, for the development of a nonconforming lot. Section 113. Nonconforming Activities 113.1 Uses in structures that do not conform to the permitted uses listed in this Code for the Zoning District in which the structure is located may be continued, and regular maintenance and repair may be done, subject to the following provisions: 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 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. Energy Production: For solar, wind, or biomass energy production, see Sections 366 and 367. 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. Group: Any number of persons occupying group quarters or six or more unrelated persons occupying a dwelling unit. Group Quarters: A structure in which parts of the living accommodations, such as sleeping, studying and bathroom accommodations, may be discreet units and parts, such as kitchen, dining and recreational, and other facilities may be shared amongst the residents, including, but not limited, to barracks, dormitories, group homes, monasteries and prisons. Height: The vertical distance from lowest point of the finished grade, as determined by the Code Enforcement Officer, in contact with the building or structure to the highest point of said building or structure, excluding chimneys and other minor projections. High Density Housing: More than six dwelling units on any lot or contiguous lots of the same ownership. (Requires Town Board Special Permit Approval.) Town of Groton Land Use & Development Code 9 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. 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 pu rsuant to the Town of Groton Land Use & Development Code 10 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. 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. Town of Groton Land Use & Development Code 11 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 includes, but not limited to, the use of a building or structure or a portion thereof for office, professional, or service type transactions, including storage of records and accounts. Retail Store: Any building or structure in which one or more articles or merchandise are sold at retail to the general public and rendering services incidental to the sale of such goods. 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. Town of Groton Land Use & Development Code 12 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 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 Town of Groton Land Use & Development Code 13 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. 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.) Town of Groton Land Use & Development Code 14 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: 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: 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: 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. Town of Groton Land Use & Development Code 15 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 Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 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 do 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. Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 20 Figure 2-A. Subdivision Classification Procedure. Town of Groton Land Use & Development Code 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 mus t 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 landowners 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 Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 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 approva l, 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. Town of Groton Land Use & Development Code 24 219.7 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. 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 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. Town of Groton Land Use & Development Code 26 Sections 225-229: reserved. Page Left Blank Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 29 Sections 235-239. Reserved Page Left Blank Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 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 Town of Groton Land Use & Development Code 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. Town of Groton Land Use & Development Code 34 Section 250. Major Subdivision - Level 2 - Final Plat Application 250.1 The subdivider shall, within six months after the approval of the Preliminary Plat, file an application for approval of the final subdivision plat, using the application available from the Town Clerk’s office. If the Final Subdivision Plat is not submitted for approval within six months after the approval of the Preliminary Plat, the Planning Board may refuse to approve the Final Subdivision Plat and require re-submission of the Preliminary Plat. 250.2 A subdivider intending to submit a Final Plat for the approval of the Planning Board shall provide a copy of the application and two copies of the plat which shall be clear and legible reproductions no larger than 11 by 17 inches, the original and one copy of all offers of cession, covenants, and agreements, and two prints of all construction drawings. (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) 250.3 The receipt of the Final Subdivision Plat shall be considered to be the date on which the application for approval of the Final Plat, complete and accompanied by the required fee and all data required by Section 250.4 of this Code, has been filed with the Town Clerk. 250.4 The Final Plat shall show: a. Proposed subdivision name or identifying title, the name of the Town and County in which the proposed subdivision is located, the name and address of the owner of record, the name and address of the subdivider if different, and the name, license number, and seal of the licensed land surveyor. b. Street lines, pedestrian ways, lots, reservations, easements, and areas to be dedicated to public use. c. Sufficient data acceptable to the Town Engineer to determine readily the location, bearing, and length of every street line, lot line, and boundary line. d. The length and bearing of all straight lines, radii, length of curves, central angles of curves, and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The plat shall show the boundaries of the property, location, graphic scale, and true north point. 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 ma de 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 Town of Groton Land Use & Development Code 35 intermediate points as shall be required by the Town Engineer. i. Construction drawings including plans, profiles, and typical cross-sections as required, showing the proposed location, size and type of streets, sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavements and sub-base, manholes, catch basins, and other facilities. Section 251. Major Subdivision - Level 2 - Endorsement of State and County Agencies Water and sewer facility proposals contained in the Final Subdivision Plat shall be properly endorsed and approved by the Tompkins County Department of Health. Applications for approval on plans for sewer or water facilities will be filed by the subdivider with all necessary Town, County, and State agencies. Endorsement and approval by the Tompkins County Department of Health shall be secured by the subdivider before official submission of the Final Subdivision Plat for approval by the Planning Board. Section 252. Major Subdivision - Level 2 - Public Hearing and Review of Final Plat Within 62 days of the receipt of the Final Plat for approval, a Public Hearing shall be held by the Planning Board. This hearing shall be advertised at least once in the Town’s official newspaper at least five days before the hearing. The applicant and any other person having jurisdiction shall be notified at least 10 days before the Public Hearing. However, when the Planning Board deems the Final Plat to be in substantial agreement with a Preliminary Plat approved under Section 245, and modified in accordance with any conditions of such approval, the Planning Board may waive the requirement for such Public Hearing. 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. Town of Groton Land Use & Development Code 36 253.4 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. 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. Town of Groton Land Use & Development Code 37 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. 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. Town of Groton Land Use & Development Code 38 259.2 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 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, Town of Groton Land Use & Development Code 39 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. 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. Town of Groton Land Use & Development Code 40 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. 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. Town of Groton Land Use & Development Code 41 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 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. Town of Groton Land Use & Development Code 42 261.3 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 have expired without a response. 261.6 Consultant Review. The Town Board may consult with any local, County, State, Federal, private individual or agency in the course of its deliberations on any application. Any cost for consultant review may be charged to the applicant. 261.7 State Environmental Quality Review. Whenever the review of the Environmental Assessment Form reveals that a full Environmental Review is required in accordance with the New York State Environmental Quality Review Act (SEQRA), the Town Board shall attempt to integrate, as appropriate, the review of the Manufactured Home Park Plan with the procedural requirements of SEQRA review. 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: Town of Groton Land Use & Development Code 43 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. 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 Town of Groton Land Use & Development Code 44 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 to this Code. The Code Enforcement Officer shall take appropriate legal action on all violations of this Code. Town of Groton Land Use & Development Code 45 Sections 262-269: reserved. Town of Groton Land Use & Development Code 46 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 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 Town of Groton Land Use & Development Code 47 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, 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, streetlights 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 Town of Groton Land Use & Development Code 48 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. 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. Town of Groton Land Use & Development Code 49 273.15 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 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. Town of Groton Land Use & Development Code 50 All lots shall conform to the minimum dimension regulations for the Zoning District in which said lots are located (See Sections 342-348). However, a lot created for the purpose of consolidation with another contiguous lot (i.e. boundary line change) need not conform to minimum dimension regulations. A resolution approving any subdivision plat which includes a lot created for the purpose of consolidation shall clearly state which lot has been created for this purpose. 275.2 Side Lines. All reasonable efforts should be made to make side lines of lots at right angles to street lines. 275.3 Corner Lots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site, and to avoid obstruction of free visibility at the roadway intersection (see Section 273.20). 275.4 Driveway Access. Driveway access and grades shall conform to specifications of the applicable State, County, or State law. See Section 276 of this Code for additional driveway specifications for Flag Lots. 275.5 Access from Private Streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with this Code. 275.6 Monuments and Lot Corner Markers. Permanent monuments meeting specifications approved by the Town Engineer as to size, type, and installation, shall be set at such block corners, angle points, points of curves in streets, and other points as the Town Engineer may require, and the location of such monuments shall be shown on the subdivision plat. Section 276. Flag Lots 276.1 Residential and Commercial Flag Lots may be approved by the Planning Board whenever the land involved is of a peculiar shape or size, is subject to unreasonable property or parcel limitations, is affected by unusual topographical location or extraordinary topographical conditions, or is devoted to such use that it is impossible, impractical, or undesirable for the subdivider to fully conform to the requirements for conventional lots. In addition, the Planning Board may approve one or more Flag Lots where the use of the Flag Lot configuration would permit the efficient use of land while avoiding the need for a new public street or road or minimize the loss of agricultural land. 276.2 Lot Area. The buildable part of any Flag Lot shall meet the minimum lot area and yard requirements of the Zoning District within which it is located. The flagpole, as defined in Section 120, is excluded from any calculations related to lot area, lot width and lot depth. 276.3 Flagpoles. The flagpole of a Residential Flag Lot, as defined in Section 120, shall have a minimum road frontage of 20 feet. Accessory structures may be permitted within the flagpole of a Residential Flag Lot if all district setback requirements can be met and a continuous minimum 20-foot clear area is maintained for the length of the flag pole. 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 Town of Groton Land Use & Development Code 51 to the point where the minimum lot width requirement is met for the Zoning District within which it is located. 276.4 Driveways. Adjoining Flag Lots should be platted in a manner that encourages shared driveway access points along public roads and highways whenever practicable. 276.5 All driveways serving Commercial Flag Lots shall meet the construction requirements of the Town of Groton Highway Superintendent. Section 277. Drainage Improvements 277.1 Removal of Spring and Surface Water. The subdivider may be required by the Planning Board to carry away by pipe or watercourse any spring or surface water that may exist either previous to, or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easements of appropriate width. 277.2 Drainage Structure to Accommodate Potential Development Upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential run-off from the entire upstream drainage area, whether inside or outside the subdivision. The Town Engineer shall approve the design and size of the facility based on anticipated run-off from a ten-year storm under conditions of total potential development permitted by this Code in the watershed. 277.3 Responsibility for Drainage Downstream. The subdivider’s engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Town Engineer. Where it is anticipated that the additional run-off incident to the development of the subdivision will overload an existing downstream drainage facility during a five-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of such condition. 277.4 Land Subject to Flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life, or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation, or improved in a manner satisfactory to the Planning Board to remedy the hazardous conditions (see Town of Groton Local Law #2 of 1987 concerning regulation of development in Flood Hazard Areas provided in Appendix E). 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. Town of Groton Land Use & Development Code 52 278.3 Information to be Submitted. In the event that an area to be used for a park or playground is required, the subdivider shall submit, prior to final approval, two prints drawn in ink, no larger than 11 by 17 inch (If the project is of such size and/or intricacy that it can not be clearly shown on 11 by 17 inch paper, it may be presented on larger paper.) and showing the following features: a. The boundaries of the area, giving lengths and bearing of all straight lines, radii, lengths, central angles, and distances of all curves. b. Existing features such as brooks, ponds, clusters of trees, rock outcrops, and structures. c. Existing, and if applicable, proposed changes in grade and contours of the area and of areas immediately adjacent. 278.4 Waiver of Plat Designation of Area for Parks and Playgrounds. In cases where the Planning Board finds that due to the size, topography, or location of the subdivision, land for park, playground, or other recreation purpose cannot be properly located therein, or if in the opinion of the Planning Board it is not desirable, the Planning Board may waive the requirement that the plat show land for such purposes. The Planning Board may then require as a condition to approval of the plat a payment to the Town of Groton of two hundred dollars ($200) per gross acre of land which otherwise would have been acceptable as a recreation site. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Section 278.1. Such amount shall be paid to the Town Board at the time of Final Plat approval, and no plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that: a. Is suitable for public park, playground, or other recreational purposes, and b. Is so located that it will serve primarily the general neighborhood in which the land covered by the plat lies, and c. Shall be used for park, playground, or other recreational land acquisition or improvements. 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. Town of Groton Land Use & Development Code 53 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. Town of Groton Land Use & Development Code 54 Page Left Blank Town of Groton Land Use & Development Code 55 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 speci fied 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 Town of Groton Land Use & Development Code 56 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 o n 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 fron tage requirements for the residential activity apply and the applicable yard size, parking, sign requirements, and any other conditions for the nonresidential activity also apply. Town of Groton Land Use & Development Code 57 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 situ ation 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. Town of Groton Land Use & Development Code 58 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 p roperly 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; Town of Groton Land Use & Development Code 59 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. Town of Groton Land Use & Development Code 60 316.6 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. Town of Groton Land Use & Development Code 61 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 ha s 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 Feder al 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 Town of Groton Land Use & Development Code 62 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. Town of Groton Land Use & Development Code 63 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 develop ment 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 p ublic 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. Town of Groton Land Use & Development Code 64 Land Use Table (Amended 1/9/2018) R - Permitted by Right, SP - Site Plan, TBSP - Town Board Approved Special Permit Land Uses RA Ru r a l A g L Lo w In t en s i t y M1 Me d In t e n s i t y 1 M2 Me d In t e n s i t y 2 H Hi g h w a y Co m m e r c i a l / In d u s t r i a l I 1 In d u s t r i a l 1 I 2 In d u s t r i a l 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 Energy Production - Large Scale TBSP Energy Production - Small Scale R R R R R R R Fire stations & other public buildings SP SP SP SP SP TBSP TBSP Flag lots, residential R R R R TBSP Flag lots, commercial R Freight trucking enterprises SP SP SP SP Funeral homes SP SP SP Golf courses SP 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 65 Land Uses RA Ru r a l A g L Lo w In t e n s i t y M1 Me d In t e ns i t y 1 M2 Me d In t e n s i t y 2 H Hi g h w a y Co m m e r c i a l / In d u s t r i a l I 1 In d u s t r i a l 1 I 2 In d us t r i a l 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 Town of Groton Land Use & Development Code 66 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% Town of Groton Land Use & Development Code 67 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% Town of Groton Land Use & Development Code 68 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% Town of Groton Land Use & Development Code 69 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% Town of Groton Land Use & Development Code 70 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 reside ntial 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 lo ts 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% Town of Groton Land Use & Development Code 71 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% Town of Groton Land Use & Development Code 72 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 lo ts 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. Town of Groton Land Use & Development Code 73 Section 350: reserved for Planned Unit Development Districts. Sections 351 - 359: reserved Town of Groton Land Use & Development Code 74 Section 360. Off-Street Parking Regulations 360.1 Off-street parking facilities must be provided for newly established act ivities as specified in this Section. An off-street parking space must be paved or graveled, drained, maintained, and provided with necessary access driveways. The minim um 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. Town of Groton Land Use & Development Code 75 360.4 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 requiremen t 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. Town of Groton Land Use & Development Code 76 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. Town of Groton Land Use & Development Code 77 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 nece ssary 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. Town of Groton Land Use & Development Code 78 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 strea m 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 allo w 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, Town of Groton Land Use & Development Code 79 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 arrangem ents 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 Town of Groton Land Use & Development Code 80 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 adde d 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. Town of Groton Land Use & Development Code 81 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. Energy Production 366.1 Purpose. It is the purpose of this section to provide for and encourage Energy Production installations that allow constituents to be self-sufficient but also minimize adverse impacts on neighboring properties. 366.2 Definitions: The following definitions shall apply to this Section 366 and Section 367. Building-Mounted Solar Energy System: A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity. A Building-Mounted Solar Energy System may be used to offset on-site energy needs and/or be intended to produce excess energy to sell to the grid. A Building-Mounted Solar Energy System shall include any related Solar Thermal Energy Systems located on a roof, building, or structure. Ground-Mounted Solar Energy System: A Solar Energy System that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure. A Ground-Mounted Solar Energy System shall include any related Solar Thermal Energy Systems. Large-Scale Solar Energy System: A Solar Energy System that feeds electricity directly into the grid, is ground mounted and is larger than four thousand (4,000) square feet in total area, including solar collectors, the enclosure and/or fence surrounding the Solar Energy System per each lot or per adjacent lots under common ownership or under common operation. A Large-Scale Solar Energy System shall include any Solar Thermal Energy Systems. Large-Scale Wind Installation: Shall include wind turbines that have a primary function of transferring electricity to a public electric grid but may also be for onsite use. Permittee: The party holding a Town Board Special Permit- granted pursuant to this Solar Energy Law. Qualified Solar Installer: A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed t o be qualified solar installers for the purposes of this definition. Small Biomass Installation: A small-scale biomass unit used to produce electricity shall be used completely or partially on site and be secondary to the use of the premises for other lawful purposes. Small-Scale Solar Energy System: A Small-Scale Solar Energy System is a Ground- Town of Groton Land Use & Development Code 82 Mounted or Building Mounted Solar Energy System which 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 to offset on-site energy demands by producing electricity designed to meet the energy nee ds for on-site users and shall be secondary to the use of the premises for other lawful purposes. Small-Scale Wind Installation: A small-scale wind installation shall be a wind turbine used to produce electricity to be used completely or partially to offset on-site energy demands by producing electricity designed to meet the energy needs for on-site users and shall be secondary to the use of the premises for other lawful purposes. Solar Energy Equipment: Electrical energy storage devices, material, hardware, inverters, or other electrical equipment, infrastructure, and conduit of photovoltaic devices associated with Solar Panels and with the production of electrical energy. Solar Energy System: An electrical generating system composed of a combination of both Solar Panels and Solar Energy Equipment. Solar Panel: A photovoltaic device capable of collecting and converting solar energy into electrical energy. Solar Thermal Energy Systems: Solar hot water technology consisting of solar thermal equipment and any related Solar Energy Equipment. Thermal energy is transferred to a heat transfer system via a collector and heat exchanger. Storage Batteres: Devices that store energy and make it available in an electrical form. Storage Battery Systems: One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. Not to include a stand-alone 12-volt car battery or an electric motor vehicle. Town Board Special Permit: A permit issued by the Town Board pursuant to the provisions of Section 366 and in accordance with Section 442. TCLP: The Toxicity Characteristic Leaching Procedure 366.3 Small Scale Solar Energy Systems. A Small- Scale Solar Energy System shall be subject to the following requirements: a. Height. A Ground Mounted Solar Energy System shall not exceed twenty (20) feet in height b. Setback. Solar Energy System fencing shall be Seventy-five (75) feet from the side and back lot lines of the property owner’s lot and Energy System panels must but be at least Twenty-five (25) feet from the fence to the closest edge of the panel. The front lot lines shall be One Hundred Fifty (150) feet from the centerline of the road to the fence. 366.4 Building-Mounted Solar Energy Systems. Building-Mounted Solar Energy Systems shall be exempt from Town Board Site Plan Review. a. Building-Mounted Solar Energy Systems are permitted through a building permit as an accessory use, when attached to any lawfully permitted building or primary Town of Groton Land Use & Development Code 83 structure that has been issued a Certificate of Completion, a Certificate of Occupancy or has been certified by a New York State Engineer to be New York State Building Code Compliant. b. Height. Shall not result in an increase of the overall structure height by six (6) feet or more. 366.5 Small Biomass Installations. A small-scale biomass unit used to produce electricity shall not exceed 1,000 square feet. 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. 366.6 Small Scale Wind Installations. For the purpose of this section 366, 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. The Fall Zone 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.) Facilities requiring a tower over 41 feet shall provide certification of seismic design and shall be inspected every five years 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 Enforcement Officer. 366.7 Storage Batteries Systems shall be installed with an additional building permit and shall be placed in a secure container or enclosure when in use. Battery systems requiring cooling, shall be situated away from residences so noise is minimized, unless other mitigating measures are arranged. Storage Batteries no longer in use, must be disposed of in a timely manner in accordance with the laws and regulations of the Town of Groton, Tompkins County, New York State, and all other applicable laws and regulations. 366.8 Building Permits. No Solar Energy Systems, Storage Batteries Systems, Small Biomass Installation, and/or Small-Scale Wind Installation shall be constructed or installed without first obtaining a building permit from the Code Enforcement Officer and shall be installed by a qualified installer. 366.9 Miscellaneous. The installation of any Solar Energy System, as provided by this law, does not carry with it a right to a clear line of sight to the sun. It is the responsibility of the applicant, installer or developer to gain any and all permits, easements or agreements to maintain a line of sight to the sun, if necessary. Town of Groton Land Use & Development Code 84 Section 367. Energy Production Large-Scale 367.1 Purpose. It is the purpose of this section to advance and protect the public health, safety, and welfare of Town of Groton, including: a. Protecting our environment and resources for future generations by allowing alternative energy sources while minimizing the potential for negative impacts of Energy Systems on environmental resources such as agricultural lands, wetlands, streams, forests, wildlife, and other valued resources. b. Managing commercial renewable energy development to provide a balance between energy needs that provide energy alternatives while respecting our rural agricultural landscape; and allow for alternative Landowner Income Stream. c. Maintaining a balance between property rights of individual landowners, property rights and property values of adjacent landowners, and the rights of community at large. d. Minimize the potential for unintended consequences of State and Federal energy policies that may not have considered the unique qualities and charact er of our community. 367.2 Applicability The requirements of this Section, as amended, shall apply to all Energy Systems installed or modified after the effective date of the local law to amend this Section, excluding general maintenance and normal repairs of such Energy Systems. Any repairs that are material in nature, in the judgment of the Town Board, shall be subject to the requirements of this law. The requirements of this law must be met and a Town Board Special Permit issued as required by this Section unless otherwise exempt, prior to or simultaneously with the application for or receipt of any required building permits. 367.3. Definitions. The definitions of Section 366 shall apply unless otherwise defined herein. 367.4 Large-Scale Wind Installations. Shall include wind turbines that have 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 antenna s, plus setbacks as required in Sections 342-348 and the length of one foot (1’) for every ten feet (10’) of tower height. 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. Facilities requiring a tower over 41 feet shall provide certification of seismic design and shall be inspected every five years 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 Enforcement Officer. 367.5 Large-Scale Solar Energy 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. Town of Groton Land Use & Development Code 85 367.6. Special Permit Requirements. a. A Special Permit shall be required for a Large-Scale Solar Energy System. b. A Special Permit shall cease to be valid if Energy System is not fully operational within two (2) years from the date of the issuance of the Solar Permit In the event a Town Board Special Permit for a Large-Scale Solar Energy System ceases to be valid pursuant to this Section, any construction to date shall be deemed to be abandoned. c. A Town Board Special Permit shall cease to be valid if a building permit is not issued within one (1) year from the date of the issuance of the Special Permit. A permit may be extended for up to a year by ap proval of the Town Board. 367.7 Application Requirements for Large-Scale Solar Energy Systems Large-Scale Solar Energy Systems are permitted through the issuance of a Town Board Special Permit, subject to the requirements set forth in Section 442 of the Town of Groton Land Use & Development Code and shall include the following provisions below. Notwithstanding anything in the Town of Groton Land Use & Development Code to the contrary, applications for the installation of a Large -Scale Solar Energy System shall be reviewed by the Town Board which can include approval, approval with conditions, or denial. Application Requirements: a. Equipment Specifications: The equipment specification sheets shall be documented and submitted for all significant components, including but not limited to, photovoltaic panels, mounting systems, and inverters that are to be installed. b. EPA TCLP Certification: All Panels to be installed shall have undergone EPA TCLP Certification and Documentation of such shall be provided to the Town Board. c. Nameplate Capacity: provide the nameplate capacity of the system for a one- year period. d. Stormwater Pollution Prevention Plan (SWPPP): Shall be submitted regardless of the claimed soil disturbance acreage, meeting the requirements set forth in the New York State Department of Environmental Conservation SPDES General Permit For Stormwater Discharges from Construction Activity e. A Decommissioning Plan in accordance with the provisions of this Section 367 and shall include a Panel End of Life Plan that inc ludes but is not limited to replacement due to defect, malfunction, or upgrade by project proponent and any and all subsequent operators of the facility. f. Host Community Agreement that is mutually agreed upon between the applicant and the Town Board. The requirement for a Host Community Agreement may be waived by the Town Board. g. Agricultural Activity: If an applicant intends to include agricultural activities in conjunction with Ground Mounted Solar, applications shall include a detailed site plan with the dimensions and clearances that define allowance (s) for access of agricultural equipment, facilities to maintain animal care and feasibility of Town of Groton Land Use & Development Code 86 agricultural related activities on the site. For buried utilities and conduit, 30 inches or more of soil cover is recommended to allow for adequate root growth for desired agricultural use. 367.8 Special Permit Standards (Large-Scale Solar) a. Height. Large-Scale Solar Energy Systems shall not exceed twenty (20) feet in height. b. Setback. Energy System fencing shall be Seventy-five (75) feet from the side and back lot lines of the property owner’s lot and Energy System panels must but be at least Twenty-five (25) feet from the fence to the closest edge of the panel. The front lot lines shall be One Hundred Fifty (150) feet from the centerline of the road to the fence. c. Lot Size. Large-Scale Energy Systems shall be located on lots with a minimum lot size of 5 acres. d. Lot Coverage. The enclosed or fenced in area of a Large-Scale Solar Energy System shall not exceed 75% of the lot on which it is installed. e. Storage Batteries Systems. When Storage Batteries are included as a part of the Solar Energy System, they are required to be installed with an additional building permit and must be placed in a secure container or enclosure when in use. Battery systems requiring cooling, shall be placed on the farthest portion of the lot away from neighboring homes to minimize noise, unless other mitigating measures are arranged. Storage Batteries no longer in use, must be disposed of in a timely manner in accordance with the laws and regulations of the Town of Groton, Tompkins County, New York State, and all other applicable laws and regulations. f. Fencing. All Large-Scale Solar Energy Systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the emergency contact information shall be placed on the entrance and perimeter of the fencing as required in the judgment of the Town Board. The type of fencing shall be approved by the Town Board and shall be a maximum of 8 feet and a minimum of 6 feet in height. All Fencing shall be interior to require Vegetation Visual and Sound Screening. g. Utility Connections: To the extent reasonably practicable, all utility connections for any Large-Scale Solar Energy Systems shall be placed underground, depending upon the appropriate soil conditions, shape and topography of the site and any requirements of the National Electrical Code utility. Electrical transformers for utility connections may be above ground if required by the utility provider. For overhead powerlines and utility power pole installation, ensure that pole placement and the height of the wire will not interf ere with the ability to access lands with harvest equipment. Buried Utilities along Town Right -of-Ways are subject to a Commercial Road Work Permit. h. Lighting: All Lighting on site shall be Dark-sky compliant. The Town Board may permit motion-activated or staff-activated security lighting around the equipment of a Large-Scale Solar Energy System or accessory structure. Such lighting should only be activated when the area within the fenced perimeter has been Town of Groton Land Use & Development Code 87 entered. Lighting shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. i. Notifications: Notwithstanding anything to the contrary in the Site Plan Review Law or SEQRA, any notifications required pursuant to the Site Plan Review Law or SEQRA with respect to any Solar Energy System shall be sent to all landowners within one (1) mile of the boundary of the parcel on which the proposed site is located. j. The project must be installed by a Qualified Solar Installer and 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. k. Inspections: The Town may cause to inspect all facets of said System’s placement, construction, modification, and maintenance. Any inspections required by the Town Board that require specialized solar expertise and are beyond the Code Enforcement Officer’s scope or ability shall be at the expense of the applicant and/or the operator of the System. l. Location: Large-Scale Solar Energy Systems shall not be located in the following areas unless otherwise approved by the Town Board in conjunction with the Solar Permit approval process provided in this section: i. Areas of potential environmental sensitivity, including Unique Natural Areas as designated by the Tompkins County Environmental Management Council, flood plains, historic sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Tompkins County, the New York State Department of Environmental Conservation or the United States Army Corps of Engineers; and ii. On slopes of greater than fifteen percent (15%). m. Other. The Town Board may impose conditions on its approval of any Town Board Special Permit under this Section in order to enforce the standards referred to in this Section or in order to discharge its obligations under SEQRA. n. Ownership Changes. If the owner or operator of the Large-Scale Solar Energy System changes, the Special Permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the decommissioning plan. A new owner or operator of the Large -Scale Solar Energy System shall notify the Code Enforcement Officer of such changes in ownership or operator within 30 days of the ownership change. 367.9 Financial Surety Prior to the issuance of a building permit and every two years thereafter, the Large - Scale Solar Energy System owner and/or operator shall file with the Town evidence of financial security to provide for one hundred twenty five percent (125%) of the full cost of decommissioning and removal of the system, which amount shall be subject to an annual escalator of 2%, and shall be revisited every five years to account for any adjustments in the projected costs of decommissioning. Evidence of financial security Town of Groton Land Use & Development Code 88 shall be in effect throughout the life of the system and shall be, in the sole discretion of the Town Board, in a bond or other form of security reasonably acceptable to t he Town Board. In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of financial security with the Town at the time of transfer. Failure to keep a surety in place as required by this law shall result in the revocation of the Special Permit and the termination of the project unless and until such surety is restored; provided, however, that any lapse of a surety in excess of 180 days shall be deemed an abandonment of the project pursuant to Section 367.11 herein and subject to complete decommissioning in accordance with this law. Any applicant for a Special Permit pursuant to this Section 367 shall provide written acknowledgment by the landowner of the decommissioning plan, which acknowledgment shall include authorization for the town or its representative to enter upon the land to carry out the decommissioning in the case it is not decommissioned in accordance with the plan. 367.10 Decommissioning and Removal. A Large-Scale Solar Energy System which has been abandoned shall be decommissioned and removed. The Large-Scale Solar Energy System owner and/or owner of the land upon which the system is located shall be held responsible to physically remove all components of the system within one year of abandonment. Removal of the Large-Scale Solar Energy System shall be in accordance with a decommissioning plan approved by the Town Board. A schedule of fines shall be approved and adopted by the Town Board to be imposed on the Landowner in the eve nt there is a failure to comply. Decommissioning and removal of a Large-Scale Solar Energy System shall consist of: a. Physical removal of all above ground and below ground equipment, structures and foundations, including but not limited to all solar arrays, buildings, towers, blades, security barriers, fences, electric transmission lines and components, roadways and other physical improvements to the site related to the Large-Scale Solar Energy System; b. Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations; c. Restoration of the ground surface and soil; d. Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) to minimize erosion ; e. Upon petition to the Town Board, the Town Board shall permit the system owner and/or landowner to leave certain underground or above ground improvements in place, provided the owner can show that such improvements are part of a plan to redevelop the site, are not detrimental to such redevelopment, and do not adversely affect community character or the environment; f. An estimate of the anticipated operational life of the system; g. Identification of the party responsible for decommissioning; h. Description of any agreement with the landowner regarding de commissioning; Town of Groton Land Use & Development Code 89 i. A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work; j. A certified and sealed cost estimate prepared by a qualified structural engineer or professional engineer, who shall be reasonably acceptable to the Town Board, estimating the full cost of decommissioning and removal of the system, including, but not limited to, the cost of solid waste disposal and the cost to clean -up any hazardous waste leakage on the property. No scrap value shall be taken into account for purposes of estimating these decommissioning and removal costs. The Town Board shall have the sole discretion to require a structural engineer or a professional engineer and regardless of which type of engineer is chosen, such engineer shall be licensed by the State of New York. The Town Board shall have the right, in its sole discretion, to have this estimate reviewed by an independent structural engineer at the system owner’s and/or operator’s expense; k. A financial plan to ensure that financial resources will be available to fully decommission the site. 367.11 Abandonment Applicability and purpose. This section governing abandonment and decommissioning shall apply to Large-Scale Solar Energy Systems. 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 the Town requiring abandoned Large -Scale Solar Energy Systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry where multiple solar companies have filed for bankruptcy, closed, or been acquired creates an environment for systems to be abandoned, thereby creating a negative visual impact on the Town. Abandoned commercial systems may become unsafe by reason of their energy-producing capabilities, serve as an attractive nuisance and/or may create an environmental hazard. a. Abandonment. A Large-Scale Solar Energy System shall be deemed abandoned if the system fails to generate and transmit electricity over a continuous period of one year. A Large-Scale Solar Energy System also shall be deemed abandoned if following special permit approval, construction of the system is not completed within 18 months of issuance of the first building permit for the project. b. Extension of time. The time at which a Large-Scale Solar Energy System shall be deemed abandoned may be extended once, by the Town Board, for an additional period of up to one year. 367.12 Decommissioning and removal by Town If the Large-Scale Solar Energy System owner and/or landowner fails to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system. Procedure. Upon a determination by the Town Board that a Large-Scale Solar Energy System has been abandoned, the Code Enforcement Officer shall notify the system owner, landowner and permittee by certified mail: (a) in the case of a facility under construction, failure to complete construction and installation of the facility within 180 Town of Groton Land Use & Development Code 90 calendar days; or (b) in the case of a fully constructed facility that has ceased to generate electricity for a continuous period of 12 months the Town Board will deem the system abandoned and commence action to revoke the Special Permit, and require removal of the system. Being so notified, if the system owner, operator, landowner and/or permittee fails to perform as directed by the Code Enforcement Officer within the 180-day period, the Code Enforcement Officer shall notify the system owner, operator, landowner and permittee, by certified mail, that the Large-Scale Solar Energy System has been deemed abandoned and the Town intends to revoke the Special Permit within 60 calendar days of mailing said notice. The notice shall also state that the permittee is entitled to appeal the decision of the Town Board to the Town Board. The Town Board shall schedule an appeal hearing no later than 60 calendar days from the receipt of any such written request for an appeal hearing. Upon a determination by the Town Board that a Special Permit has been revoked, the decommissioning plan must be implemented, and the system removed within one year of having been deemed abandoned or the Town may cause the removal at the owner and/or landowner's expense. If the owner and/or landowner fails to fully implement the decommissioning plan within one year of abandonment, the Town may collect the required surety and use said funds to implement the decommissioning plan. Removal by Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a Large-Scale Solar Energy System, including legal costs and expenses, shall be reimbursed either from the financial surety posted by the system owner or landowner as provided in section 367.9 Decommission and Removal Plan herein and/or by the owner of t he land upon which such Large-Scale Energy System is located. The Large-Scale Solar Energy System owner and/or landowner shall be responsible for any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs. 367.13 Enforcement Any violation of this law shall be fully subject to the enforcement provisions of Section 402 of this code or any successor provisions thereunder; provided, however, that in lieu of the monetary fines and/or civil penalties specified in Section 402 for a First, Second or Third Violation, the monetary fines and/or civil penalties for any such violations shall be Five Hundred Dollars ($500) per day. 367.14 Application Fee An application fee, as determined by the Town Board, shall accompany the application for a Large-Scale Energy System. The amount of such required Large -Scale Energy System fees may be revised from time to time by the Town Board in the future by resolution. 367.15 Escrow Account After an application for a Large-Scale Solar Energy system has been submitted and the Town Board determines by resolution that significant review costs will be incurred, the applicant shall deliver an amount as determined by the Town Board as specifically Town of Groton Land Use & Development Code 91 agreed upon between the Town and the applicant, to be held in escrow during the application review process. The sum shall be held by the Town in a non -interest-bearing account and these funds shall be available to the Town to pay for the costs of reviewing the application, including, but not limited to, the costs of consultants engaged by the Town to assist in any review of the application as well as any costs related to any related notices and/or hearings. Following grant or denial of the application, the Town shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds as are then necessary for the Town to pay any outstanding fees be fore the Town is required to proceed with any further review of the project. 367.16 PILOT Agreements Nothing in this Law shall be read as limiting the ability of the Town Board to enter into Payment in Lieu of Taxes (PILOT) agreements or other agreements with any applicant to compensate the Town for expenses or impacts on the community. 367.17 Miscellaneous. The installation of any Large-Scale Energy System, as provided by this law, does not carry with it a right to a clear line of sight to the sun. It is the respon sibility of the applicant, installer, or developer to gain any and all permits, easements or agreements to maintain a line of sight to the sun, if necessary. 367.18 Building Permits. Large-Scale Solar Energy Systems, Storage Batteries Systems, Large -Scale Wind Installation shall be constructed or installed without first obtaining a building permit from the Code Enforcement Officer and shall be installed by a qualified installer. 367.19 Storage Batteries Systems. When Storage Batteries are included as a part of the Large-Scale Solar Energy System, they are required to be installed with an additional building permit and must be placed in a secure container or enclosure when in use. Battery systems requiring cooling, shall be placed on the farthest portion of the lot away from neighboring homes to m inimize noise, unless other mitigating measures are arranged. Storage Batteries no longer in use, must be disposed of in a timely manner in accordance with the laws and regulations of the Town of Groton, Tompkins County, New York State, and all other applicable laws and regulations. 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. Town of Groton Land Use & Development Code 92 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 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 t han 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. Town of Groton Land Use & Development Code 93 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 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 Town of Groton Land Use & Development Code 94 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 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 Town of Groton Land Use & Development Code 95 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 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 Town of Groton Land Use & Development Code 96 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. 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 Town of Groton Land Use & Development Code 97 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 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, additio ns 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 us ual number of service Town of Groton Land Use & Development Code 98 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 ga te 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"). 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 Town of Groton Land Use & Development Code 99 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 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. Town of Groton Land Use & Development Code 100 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 t he 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 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 Town of Groton Land Use & Development Code 101 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. b. No person owning, having a right to, or any interest in any real property wit hin 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. Town of Groton Land Use & Development Code 102 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 consi der: 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 o r 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. 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. Town of Groton Land Use & Development Code 103 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 L og 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, safet y, 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). 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). Town of Groton Land Use & Development Code 104 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 pro perty 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. 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: Town of Groton Land Use & Development Code 105 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 distribute d 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 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: Town of Groton Land Use & Development Code 106 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. 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). Town of Groton Land Use & Development Code 107 377.9 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 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 Stat e 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 Town of Groton Land Use & Development Code 108 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 Bo ard 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, 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 indemni ty 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 Town of Groton Land Use & Development Code 109 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. Town of Groton Land Use & Development Code 110 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 ensure 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. Town of Groton Land Use & Development Code 111 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 Town of Groton Land Use & Development Code 112 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; Town of Groton Land Use & Development Code 113 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. Town of Groton Land Use & Development Code 114 Section 409: reserved. Page Left Blank Town of Groton Land Use & Development Code 115 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. Town of Groton Land Use & Development Code 116 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. Town of Groton Land Use & Development Code 117 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. 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 Town of Groton Land Use & Development Code 118 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 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 Town of Groton Land Use & Development Code 119 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 Town of Groton Land Use & Development Code 120 evidence submitted or on the personal knowledge of the Zoning Board of Appeals 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, Town of Groton Land Use & Development Code 121 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. Town of Groton Land Use & Development Code 122 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 Town of Groton Land Use & Development Code 123 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, Town of Groton Land Use & Development Code 124 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. Town of Groton Land Use & Development Code 125 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 lands, including the maximum retention of existing vegetation, Town of Groton Land Use & Development Code 126 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. 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 Town of Groton Land Use & Development Code 127 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 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 Town of Groton Land Use & Development Code 128 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. 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. Town of Groton Land Use & Development Code 129 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 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 Town of Groton Land Use & Development Code 130 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. 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 274-b 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. Town of Groton Land Use & Development Code 131 442.2 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. Incomplete applications, not meeting the requirements stated herein, or which are otherwise incomplete, shall be notified of the information required for completeness. If, after notification, no additional information is forthcoming and the file has remained inactive for a period exceeding 90 days, the Town Board may reject the application for neglect to proceed. b. Two prints of the proposed project site plan on no larger than 11 by 17-inch paper. c. Where the project that is the subject of the Special Permit involves any construction, modification, alteration to the property where the project will be located, the applicant for the Special Permit shall provide the following, as applicable: i. 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. ii. North arrow and drawing scale in graphic form. iii. 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. iv. Location and design of outdoor storage areas or facilities. v. Location of any proposed illuminated area and design of outdoor lighting facilities. vi. Description of the method for securing potable water and location, design, and construction materials of such facilities if applicable. vii. Location, size, design, and construction materials of all proposed signs. viii. Designation of the amount and location of building area(s) proposed for each activity type. ix. Location, size, design and materials of proposed security such as fencing or gates. x. Description of the method of sewerage treatment and disposal and location, design, and construction materials of such facilities. xi. Location, design, and construction materials of all energy distribution facilities, xii. including electrical, gas, and solar or wind energy systems. d. Water/Stormwater i. Existing watercourses and water bodies, both natural and man- made, as well as wetlands. Town of Groton Land Use & Development Code 132 ii. Using two-foot contour topographic data, the proposed grading and drainage plan, showing existing and proposed contours iii. Completed Stormwater Pollution Prevention Plan (SWPPP) e. Street Design i. Location and design of new roads, streets, intersections, and access according to sections 272 of the Land Use code. ii. Location of all adjacent streets and highways, both public and private. iii. Location, design, and construction materials of all parking and truck loading areas, showing access and egress. iv. Provision for pedestrians. v. Location, design and construction materials of all proposed site utilities and other improvements, including drains, culverts, retaining walls, above and below ground utilities and storm water management facilities. vi. Location of emergency vehicle access, turnarounds, emergency zones, and proposed fire hydrant. f. Landscaping/Property maintenance i. Location and description of all existing vegetation on the site. ii. The Town Board may request a completed Visual Impact and Screening Plan prepared by a Registered Landscape Architect to include line of sight height for impacted neighboring properties and roadways, regardless of topographical extremes. The screening plan will consider the soil, climate, topography, maturity and longevity for vegetative buffers to avoid adverse aesthetic impacts and glare. iii. For any Energy Production installations as described in Sections 366 and 367, a property maintenance plan detailing scheduled mowing, trimming, and beautification planting or copies of post construction recommendations; monitoring, remediation and maintenance consideration plans provided to the landowner. g. The Town Board has the discretion to request a completed Noise Impact Study to include sound impacts at multiple locations as identified by a registered professional engineer. The study must identify locations that include multiple topographical elevations where applicable. Proposed mitigation measures shall include vegetation suitable to reduce consistent, periodic, or intermittent operational sounds. This may require tight shrubbery or hedge type configuration with little or no ground clearance. h. Completed Fire Safety Plan approved by the Fire Department having jurisdiction to provide for adequate fire suppression services to the site. i. If applicable, completed and signed Part I section of the Short Environmental Assessment Form SEAF) or the Long Environmental Assessment Form (LEAF), as determined by 6 NYCRR Part 617. Town of Groton Land Use & Development Code 133 j. Completed Agricultural Data Statement if property is located within an Agricultural District. k. Payment of all application fees as established by resolution of the Town Board. l. 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 in its discretion or upon recommendation of the Code Enforcement Officer. 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 In reviewing Special Permit applications, the Town Board is free to consider any matter related to 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. 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 the 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 reserves the right to have an applicant’s engineering drawings, opinions, plans, or conclusions reviewed by an engineer hired by the Town, the cost of which shall be reimbursed by the applicant. The Town Board may consult with any local, County, Town of Groton Land Use & Development Code 134 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 as required pursuant to New York General Municipal Law. If referral 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 & m). 442.6 State Environmental Quality Review The Town Board shall attempt to integrate, as appropriate, Special Permit review as required by this Section to be done in parallel with the procedural requirements of SEQRA review. 442.7 Public Hearing Within 62 days of the receipt of the application for the 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 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 Permits Upon approval or approval with modifications of a special permit, copies of permits issued by other government agencies, payment of all applicable fees and reimbursement costs to the Town of Groton, the Code Enforcement Officer may proceed with any Building Town of Groton Land Use & Development Code 135 Permit applications. No building permit or Certificate of Completion or Certificate of Occupancy shall be issued in connection with a Special Permit until the Code Enforcement Officer is satisfied that all conditions and requirements set forth in this article have been met or that a variance thereof has been duly granted. 442.11 Inspection of Improvements and Emergency Contact The Code Enforcement Officer shall be responsible for the overall inspection of site improvements. With respect to Large-Scale Solar Energy Systems, 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. 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. An Operating Permit may be required for certain land uses and shall follow the inspection schedule set by the code official. 442.12 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, subsequent Building Permit or Operating 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 Town Board. 442.13 Term Limitations A new Special Permit approval shall be required for abandoned, discontinued, or modified plans. Extensions may be granted by a Town Board resolution. 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- Town of Groton Land Use & Development Code 136 349. 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, 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 Town of Groton Land Use & Development Code 137 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 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 Town of Groton Land Use & Development Code 138 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. 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 Amendment 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 Town of Groton Land Use & Development Code 139 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. 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. Town of Groton Land Use & Development Code 140 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. Town of Groton Land Use & Development Code 141 “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 Town of Groton Land Use & Development Code 142 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); Town of Groton Land Use & Development Code 143 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; Town of Groton Land Use & Development Code 144 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. Town of Groton Land Use & Development Code 145 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. Town of Groton Land Use & Development Code 146 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 Town of Groton Land Use & Development Code 147 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. Town of Groton Land Use & Development Code 148 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; Town of Groton Land Use & Development Code 149 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: Town of Groton Land Use & Development Code 150 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 twelv e (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 Town of Groton Land Use & Development Code 151 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; Town of Groton Land Use & Development Code 152 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. Town of Groton Land Use & Development Code 153 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 Town of Groton Land Use & Development Code 154 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. Town of Groton Land Use & Development Code 155 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. Town of Groton Land Use & Development Code 156 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." Town of Groton Land Use & Development Code 157 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, pro polis, 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 product ion" 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 Town of Groton Land Use & Development Code 158 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 p receding 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 co ntains 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 thous and 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 Town of Groton Land Use & Development Code 159 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 prod uction 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 approx imating 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; Town of Groton Land Use & Development Code 160 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 operati ons 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, consis ting 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 161 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 suc h 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 fertiliz ers, 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 Town of Groton Land Use & Development Code 162 Appendix E. 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 Town of Groton Land Use & Development Code 167 Town of Groton Land Use & Development Code 168 Town of Groton Land Use & Development Code 169 Town of Groton Land Use & Development Code 170 Town of Groton Land Use & Development Code 171 Town of Groton Land Use & Development Code 172 Town of Groton Land Use & Development Code 173 Town of Groton Land Use & Development Code 174 Town of Groton Land Use & Development Code 175 Town of Groton Land Use & Development Code 176 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 177 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 178 Town of Groton Land Use & Development Code 179 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 180