Groton, N.Y., Code of Ordinances ch. 127 (eCode360 ed. 2026) § 127-46

A. From time to time, these regulations may be amended by the Village of Groton. It is the intention of this section to allow the owner of a manufactured housing park which is not in compliance with this chapter due to such amendments to develop a plan or schedule of compliance with the Village Planning Board to bring the manufactured housing park into compliance with the amended chapter. If the owner of the manufactured housing park maintains that compliance is impossible, the plan for compliance shall fully set forth the basis for that conclusion. It shall be within the discretion of the Planning Board, subject to review by the Village Board, to determine whether the waiver of any provision of this chapter is appropriate. Such waiver shall no longer apply if, at any time in the future, the manufactured housing park subject to the waiver later is expanded or significantly modified. B. The following items are required for all plans or schedules of compliance unless the Planning Board expressly waives, in writing, one or more of the following requirements. The Planning Board may request such additional information as it deems necessary. (1) A list of all sections of this chapter that the existing manufactured housing park is not in compliance with. (2) A scope of work that needs to be completed for the manufactured housing park to come into compliance with these regulations, including a description of the work and a work schedule. (3) The estimated cost of the work needed. C. In such cases, the owner of the manufactured housing park may submit a plan for compliance to the enforcement officer no less than 186 days before an application for renewal is filed. The enforcement officer shall review the proposed plan for compliance and, before acting thereon, shall immediately forward a copy to the Village Planning Board for its review and recommendations. The Village Engineer shall review the estimated costs submitted with the plan for compliance. D. A public hearing shall be held by the Planning Board within 62 days from the date the plan for compliance is filed. Notice of such hearing shall be published in the official village newspaper at least five days before such hearing. Within 62 days after the hearing, the Planning Board shall forward its recommendation to the Village Board. In determining whether to recommend the approval of a plan for compliance to the Village Board, the Planning Board shall consider: (1) Whether the plan for compliance will be initiated within one year of the adoption of the amended manufactured housing park regulations by the Village Board. (2) Whether the plan for compliance will be completed within a reasonable time, not in excess of five years, as to further the purposes of the amended manufactured housing park regulations. (3) Whether the plan for compliance reasonably assures that the health, safety, comfort, convenience and general welfare of the residents of the manufactured housing park will be protected during the completion of the plan for compliance. (4) Whether the plan for compliance places an unreasonable financial burden on residents of the manufactured housing park in increased rents or other costs to compensate the owner for expenses of coming into compliance. (5) Whether the plan for compliance would create conditions which would unnecessarily inconvenience or burden the residents of the manufactured housing park. (6) Whether the plan for compliance will adversely affect abutting property owners. (7) Whether any requests for waiver of compliance with the requirements of the amended manufactured housing park regulations are adequately supported with evidence of particular difficulties or unnecessary hardship in meeting strict compliance with this chapter such as costs for compliance being so excessive as to prevent the park owner from realizing a reasonable financial return from the investment in the park. (8) Whether the plan for compliance sets forth reasonable alternatives to compliance to fulfill the purposes of the amended manufactured housing park regulations, including concerns of protecting the public health, safety and welfare, where strict compliance is proven to be impossible. (9) Whether any requests for waiver of compliance adequately address obligations for future compliance if the manufactured housing park is expanded or significantly modified. (10) Such other matters as the Planning Board, in reasonable exercise of its discretion, deems reasonably appropriate to effectuate the intent of the amended manufactured housing park regulations. E. The Village Board, within 62 days after receipt of the Planning Board's recommendation, shall approve the plan for compliance or shall disapprove the plan for compliance in consideration of the above factors applied by the Planning Board, or shall return the application to the Planning Board for further study and a report to the Village Board within such time period, of not more than 62 days, as the Village Board may direct. Upon receipt of the report from the Planning Board, the Village Board shall either disapprove the plan for compliance or shall approve it with or without conditions. The Village Board, before making any final determination, may, but shall not be required to, hold a public hearing at least five days after publication of a notice in the official village newspaper. If the plan for compliance is approved, the Village Board shall forward to the enforcement officer a copy of its final determination, which shall incorporate all applicable recommendations and conditions. Compliance with time schedules in such approved plans shall be a condition for issuance of occupancy certificates. Approval of any such plan for compliance shall not be unreasonably denied nor shall conditions be imposed without written explanation of the reasons for the plan's failure to satisfy the considerations applied by the Planning Board. F. The village shall not grant any variances from the approved plan for compliance. A plan for compliance may be amended or updated.