Town of Glenville, NY
Schenectady County
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Table of Contents
Table of Contents

§ 270-44 Multiple-family dwellings.

A. 
Zoning district and lot requirements.
(1) 
Multifamily dwellings are permitted in the Multi-Family District and the five different Planned Development Districts.
[Amended 1-18-2017 by L.L. No. 1-2017]
(2) 
A minimum lot size of three acres is required for all multifamily developments.
(3) 
Density of development over the entire site shall not exceed 10 units/acre.
[Amended 5-15-2013 by L.L. No. 3-2013]
(4) 
Total building coverage will not exceed 35% of the entire parcel.
(5) 
No building or structure will be located closer than 30 feet to any street lot line.
(6) 
No building or structure will be located closer than 40 feet to any side or rear property line.
(7) 
No building or structure will be located closer than 20 feet to the edge of the pavement of any interior access drive, except where such drive is designed for loading or maintenance purposes.
(8) 
No building or structure will be located closer than 30 feet to any other building or structure.
B. 
Building requirements.
(1) 
No building will exceed 35 feet in height.
(2) 
No apartment or other multifamily dwelling unit will be constructed which contains less than 800 square feet of gross floor area.
[Amended 5-15-2013 by L.L. No. 3-2013]
(3) 
No more than six dwelling units will be permitted per townhouse building.
(4) 
No more than eight dwelling units will be permitted per condominium building.
(5) 
No more than 18 dwelling units will be permitted per garden apartment.
(6) 
No more than 32 dwelling units will be permitted within any apartment building occupied exclusively by senior citizens.
C. 
Requirements for projects that mix multifamily and commercial uses.
[Added 5-15-2013 by L.L. No. 3-2013]
(1) 
For projects that involve two or more construction phases and that include a combination of multifamily and commercial uses, the first phase or phases of development cannot be dedicated exclusively to multifamily. In other words, during the first phase in which some or all of the multifamily units are to be constructed, a portion of the commercial component of the project must be constructed at the same time. Further, the amount of commercial development to be constructed during the first phase involving multifamily must be equal to or exceed half of the multifamily units being constructed during that phase. For example, if Phase 1 is to include 50% of the total number of multifamily units of the entire project, 25% or more of the total commercial square footage must be constructed during Phase 1 as well.

§ 270-45 Home occupations.

A. 
Purpose. The intent of this section is to accommodate small-scale owner-occupied businesses, trades or professions within residential areas. However, in accommodating such activities, it is the intent that there be no appreciable degradation of the character of residential neighborhoods in which these activities occur.
B. 
Specific regulations. Home occupations are permitted by right in the RA, SR, RM, PR and HC Districts, provided the occupation meets all of the following conditions:
[Amended 8-21-2013 by L.L. No. 5-2013]
(1) 
A home occupation shall be deemed to include the following:
(a) 
The office of an engineer, lawyer, architect, certified public accountant or other similar professional occupations (with the exception of physicians and dentists) which do not generally involve a significant amount of parking demand or client turnover, and in which such office may only employ one person in addition to that resident individual engaged in the home occupation; and
(b) 
A craft shop, an artist, dressmaker, teacher and tutor, in which no person other than that resident individual engaged in the home occupation will be employed.
(2) 
The home occupation must be clearly incidental and accessory or secondary to the residential use of the property.
(3) 
In the event that the home occupation involves teaching, tutoring, or similar personal instruction and/or care, no more than two students or clients will be permitted in the dwelling at any one time.
(4) 
In no case will more than one person, in addition to that resident individual engaged in the home occupation, be employed at any one time.
(5) 
No more than 15% of the gross floor area of the dwelling unit nor 20% of the gross floor area of the dwelling unit and accessory structures will be used in the operation of the home occupation.
[Added 9-3-2008 by L.L. No. 4-2008]
(6) 
There will be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, nonilluminated and not exceeding four square feet in area.
(7) 
No additions or alterations to the residence's driveway or parking area will be permitted in association with the home occupation.
(8) 
No more than 40 vehicle trips per day will result from the operation of the home occupation. For the purposes of this chapter, an arrival counts as one vehicle trip, as does a departure.
(9) 
No equipment or process will be used in such home occupation that creates noise, vibration, glare, fumes, odors, or electrical interference above and beyond what is expected of a typical single-family home.
(10) 
Prior to starting a home occupation, the homeowner must apply for and receive a home occupation permit from the Building Department. The fee for a home occupation permit will be in accordance with the fee schedule for the Town of Glenville.[1]
[Amended 9-3-2008 by L.L. No. 4-2008]
[1]
Editor's Note: See Ch. 139, Fees.

§ 270-46 Personal wireless service facilities.

A. 
Purpose. The purpose of these regulations is to promote the health, safety and general welfare of the residents and landowners of the Town of Glenville; to provide standards for the safe provision of personal wireless service facilities consistent with applicable federal and state regulations; to minimize the total number of personal wireless service towers in the Town by encouraging shared use of existing tall buildings and other high structures; and to minimize adverse visual effects from personal wireless service towers by requiring careful siting, visual impact assessment and appropriate landscaping.
B. 
Zoning districts in which permitted. Personal wireless service facilities are permitted in all zoning districts except Land Conservation, Public Park Lands, Riverfront Recreational Commercial, Airport and Town Center Overlay districts, subject to site plan review and all other provisions outlined herein.
C. 
Performance bond or other security. Prior to site plan approval, a performance bond or other security sufficient to cover the full cost of the removal and disposal of the personal wireless service facility must be provided by the owner/operator. This cost will be determined by an estimate of the Town-designated engineer. Any such security must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution. The form of security shall be limited to those permissible under New York State Town Law § 277, Subdivision 9(c)(i) through (v).
D. 
Site plan review. The construction of any new personal wireless service facility is subject to the Town of Glenville's site plan review procedures, as detailed in Article XVI of this chapter, as well as all other provisions outlined herein.
E. 
Site plan review exception. Provided a personal wireless service tower has been approved by the Planning and Zoning Commission and built in accordance with the approved plans, site plan review is not required for the erection of new antenna platforms on approved towers or for the construction of additional accessory buildings. However, site plan review is required if the mounting of an additional antenna platform or platforms increases the height of the tower by more than 10%.
[Amended 1-22-2014 by L.L. No. 1-2014]
F. 
Public hearing and notice. Prior to a decision being made on the site plan review application, the Planning and Zoning Commission must conduct a minimum of one public hearing. Notice of said hearing is to be advertised in the official newspaper of the Town at least five days prior to the hearing. Additionally, all landowners whose property is located within 1,000 feet of the property line of the parcel on which a new personal wireless service facility is proposed must be notified of the hearing, by mail, at least five days prior to the hearing.
[Amended 4-5-2006 by L.L. No. 3-2006]
G. 
Materials to be submitted:
(1) 
Completed site plan review for personal wireless service facilities application form.
(2) 
Full environmental assessment form.
(3) 
Visual environmental assessment form.
(4) 
Site plan or map with all the items spelled out in the site plan checklist portion of the application packet included on the plan/map. (See § 270-106D.) Additionally, the site plan must show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires, anchors, parking and landscaping. Landscaping plans shall conform to Article XIX of this chapter.
(5) 
Grading plans for new structures and roads.
(6) 
Documentation on the proposed intent and capacity of the facility, as well as a justification for the height of the tower and the amount of clearing to be undertaken.
(7) 
Map and documentation showing the anticipated signal coverage of the facility, and discussing the expected needs for additional facilities within the Town over the next three years.
(8) 
Documentation that the applicant has explored usage of existing towers, tall structures and tower sites as an alternative to a new tower at a new tower site. Said documentation must include the financial, technical and/or physical reasons for not selecting an alternative tower, tall structure or tower site (see Subsections O and P of this section).
(9) 
A Zone of Visibility Map to determine from where the tower may be seen.
(10) 
Pictorial representations of “before” and “after” views from key viewpoints both inside and outside of Glenville. Key viewpoints include, but are not limited to: interstate and state highways and other major roads, state, county and local parks and preserves, other public lands, historic sites normally open to the public, areas with a large concentration of residences and any other location where the site is visible to a large number of visitors or travelers. The Planning and Zoning Commission will determine the appropriate key sites at a presubmission conference with the applicant.
(11) 
Assessment of alternative facility designs and color schemes (see Subsection N of this section).
(12) 
A letter of intent from the applicant that the current facility owner and his/her successors will negotiate in good faith for shared use of the proposed facility by future personal wireless service providers, and that the tower will be designed to accommodate additional users (see Subsection Q of this section).
(13) 
A letter of intent from the applicant committing the current facility owner and his/her successors to notify the Building Inspector within 30 days of the discontinuance of use of the facility (see Subsection R of this section).
(a) 
Documentation that the applicant has notified the legislative bodies of every municipality that borders Glenville of its application for a new facility [see Subsection S(1) of this section].
H. 
Lot size and setbacks. All proposed personal wireless service facilities and accessory structures must be located on a single parcel and must be set back from abutting parcels and street lines a distance sufficient to substantially contain on-site all ice-fall or debris from tower failure.
(1) 
Lot size of parcels containing a facility will be determined by the amount of land required to meet the setback requirements.
(2) 
Personal wireless service towers must comply with all existing setback requirements of the underlying zoning district, or must be located with a minimum setback from any property line equal to 1 1/4 times the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements for principal structures in the underlying zoning district.
(3) 
A waiver from the minimum setback may be granted by the Planning and Zoning Commission if such waiver would allow the new facility to be located on or adjacent to an existing tall structure or existing tower.
I. 
Existing vegetation. Existing on-site vegetation must be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter at breast height (DBH) shall take place prior to the approval of the site plan.
J. 
Screening. Deciduous or evergreen tree plantings may be at breast height (DBH) required to screen portions of the tower and accessory structures from nearby residential properties as well as from public sites known to include important views or vistas. Where a tower site abuts a residential property or public property, screening is mandatory.
K. 
Access. Adequate emergency and service vehicle access will be provided. Maximum use of existing roads, public or private, will be made. Road construction must, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill or no more than 10 feet beyond the edge of any pavement, whichever is less. Road grades must closely follow natural contours to minimize visual impacts and soil erosion potential. In instances where a steeper road grade would result in a lesser visual impact, the Planning and Zoning Commission can waive the requirement of closely following existing contours. However, the applicant must demonstrate that soil erosion will be minimized in instances where steeper road grades are being sought.
L. 
Parking. Parking must be provided to assure adequate emergency and service access, and placed in a location that minimizes vegetation removal. The Planning and Zoning Commission will determine the number of required spaces based upon a recommendation from the Economic Development and Planning Department and/or applicant.
[Amended 10-1-2014 by L.L. No. 7-2014]
M. 
Fencing. Sites of proposed new personal wireless service facilities must be adequately enclosed by a fence, the design of which shall be approved by the Planning and Zoning Commission, unless the applicant demonstrates to the Planning and Zoning Commission that such measures are unnecessary to ensure the security of the facility.
N. 
New tower design. Alternative designs shall be considered for new personal wireless service towers, including lattice and monopole structures, as well as camouflaged or simulated tree-type towers. The design of a proposed new tower must comply with the following:
(1) 
Any new tower shall be designed to accommodate future shared use by other personal wireless service providers.
(2) 
Unless specifically required by other regulations, all personal wireless service towers must be comprised of materials, colors and textures designed to blend with natural surroundings.
(3) 
The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature.
(4) 
The Planning and Zoning Commission may request a review of the application by a qualified engineer in order to evaluate the need for, and the design of, any new personal wireless service facility. The cost of the engineer's review is to be borne by the applicant.
(5) 
Accessory structures must be comprised of materials, colors and textures designed to blend with the natural surroundings.
(6) 
No portion of any facility or accessory structure shall be used for a sign or other advertising purpose, except for purposes of displaying the property owner or tenant's name, address, telephone number, etc.
O. 
Shared use of existing tall structures or existing or approved personal wireless service towers.
(1) 
At all times, shared use of existing tall structures (for example: municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers shall be preferred to the construction of new towers.
(2) 
The Planning and Zoning Commission may consider a new personal wireless service facility when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant will be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a documented search ring (both within and outside of Glenville) of the proposed site and outlining opportunities for shared use of these existing facilities as an alternative to a proposed new facility. The report shall demonstrate good-faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use must be provided. The applicant may be required to provide maps of coverage areas in and around Glenville.
P. 
Shared usage of an existing personal wireless service tower site for new tower. Where shared use of existing tall structures, and existing or approved towers is found to be impractical, the applicant must investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Any new personal wireless service tower proposed for an existing tower site will also be subject to the requirements of this section.
Q. 
Future shared use of new personal wireless service towers. The applicant must design a proposed new personal wireless service tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Planning and Zoning Commission a letter of intent committing the new facility owner, and his/her successors, to negotiate in good faith for shared use of the proposed tower by other personal wireless service providers in the future. This letter, which shall be filed with the Building Inspector prior to issuance of a building permit, shall commit the new facility owner and his/her successors in interest to:
(1) 
Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.
(2) 
Negotiate in good faith concerning future requests for shared use of the new tower, by other personal wireless service providers.
(3) 
Allow shared use of the new tower if another personal wireless service provider agrees in writing to pay charges.
(4) 
Make no more than a reasonable charge for shared use, based on 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 costs, 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.
R. 
Removal of personal wireless service facilities and accessory structures. The applicant shall submit to the Planning and Zoning Commission a letter of intent committing the facility owner, and his/her successor in interest, to notify the Building Inspector within 30 days of the discontinuance of use of the facility. This letter must be filed with the Building Inspector prior to issuance of a building permit. Obsolete or unused facilities, accessory structures and aboveground utilities must be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused facility in accordance with these regulations will be a violation of this article and shall be punishable in accordance with § 270-157 of this chapter.
S. 
Intermunicipal notification for new personal wireless service facilities. In order to keep neighboring municipalities informed, and to facilitate the possible sharing of personal wireless service facilities, the Planning and Zoning Commission will require that:
(1) 
An applicant who proposes a new personal wireless service facility must notify in writing the legislative body of each municipality that borders the Town of Glenville (Towns of Clifton Park, Niskayuna, Charlton, Ballston, Rotterdam and Amsterdam, Village of Scotia and City of Schenectady). Notification must include a map showing the exact location of the proposed facility, and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
(2) 
Documentation of this notification must be submitted to the Planning and Zoning Commission at the time of application.

§ 270-47 Mining and excavation.

A. 
Where mining and excavation permitted. Only those mining operations that were active at the time of the adoption of this chapter are permitted within the Town of Glenville. Those mining operations that were active and operating under a valid NYSDEC permit at the time of the adoption of this chapter are allowed to expand, subject to NYSDEC approval and a conditional use permit from the Town of Glenville.
B. 
Mining elements which can be considered.
(1) 
In evaluating conditional use permit applications for the expansion of mining/excavation operations, the Zoning Board of Appeals can only consider the following items when placing conditions on the expansion of the mine:
(a) 
Entrances and exits from the mine on Town-controlled roads.
(b) 
Routing of mineral transport vehicles on Town-controlled roads.
(2) 
In an advisory capacity, the Town may also make recommendations to the New York State Department of Environmental Conservation as to the operation of the mine. The following items may be considered in the Town's recommendation to the NYSDEC:
(a) 
Setbacks from property lines and rights-of-way.
(b) 
Barriers designed to restrict access.
(c) 
Dust control.
(d) 
Hours of operation.
(e) 
Reclamation.

§ 270-48 Adult uses.

Adult uses shall be permitted in Research, Development and Technology Zoning Districts, following site plan review and approval and the issuance of a conditional use permit.
A. 
Purpose.
(1) 
In the execution of this section, it is recognized that there are some adult uses which, due to their very nature, have serious objectionable characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Glenville, these regulations are intended to restrict adult uses to nonresidential areas of the Town. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas; therefore, these regulations are intended to promote the health, safety and general welfare of the residents of the Town of Glenville by regulating the concentration of such uses. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2) 
To promote the health, safety, morals or general welfare of the community, including the protection and preservation of property, and the maintenance of property values.
(3) 
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble, and the general atmosphere encompassing their operation, is of great concern to the Town of Glenville; therefore, these regulations shall accomplish the primary purpose of preventing and restricting their accessibility to minors.
B. 
Types of adult uses. For the purposes of this chapter, the following are considered adult uses:
(1) 
Adult bookstores.
(2) 
Adult entertainment cabarets.
(3) 
Adult theaters.
(4) 
Juice bars.
C. 
Restrictions and conditions. The adult uses identified in Subsection B above are to be restricted as to location in the following manner, in addition to any other requirements of this chapter:
(1) 
These uses are permitted only within the Research, Development and Technology Zoning District.
(2) 
Adult uses may not be located within a seven-hundred-fifty-foot radius of any dwelling.
(3) 
Adult uses shall not be located within a thousand-foot radius of another such use.
(4) 
Adult uses shall not be located within a thousand-foot radius of any school, church, or other place of worship, park, playground or playing field, youth center, bike path, public library or place of public assembly and recreation, or of a public or private recreational facility, restaurants or similar enterprises catering to or frequently attended by minors.
D. 
Visibility and display of signs.
(1) 
No adult use shall be conducted in any manner that permits the observation of any material depicting or relating to specified sexual activities or specified anatomical areas from any public way or property. This provision shall apply to any display, decoration, sign, banner, show window, screen or other opening.
(2) 
Sign prohibiting minors required. A sexually oriented business shall display one exterior sign giving notice that the premises is off limits to minors.
E. 
Buffer area. Every building which houses a sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings; location, type and size to be determined by the Planning and Zoning Commission.

§ 270-49 Grading and site preparation.

The following apply to grading and site preparation:
A. 
Purposes:
(1) 
To minimize soil erosion and sedimentation and the potential impacts of erosion and sedimentation on streams, water bodies, and neighboring properties.
(2) 
To avoid excessive and/or unnecessary tree and vegetation removal from properties being considered for development.
(3) 
To minimize air quality degradation that can occur as a result of windblown sand and sediment associated with properties that are being cleared and graded for development.
B. 
Applicability.
(1) 
The provisions of this section apply to all land alterations, including grading, cutting, filling, removal of trees or removal of any vegetation that is presently stabilizing soil on slopes or along water bodies, and building construction in which one acre or more of land is to be altered.
(2) 
These provisions are applicable, regardless of whether or not planning or zoning approval is required, or a building permit is necessary.
C. 
Exemptions. The following activities are exempt from the provisions herein:
(1) 
Commercial logging activities, provided such activities are in compliance with § 270-60 of this chapter.
(2) 
Mining activities that have a valid mining permit from the New York State Department of Environmental Conservation.
D. 
General standards.
(1) 
Cuts, fills, grading, excavation, vegetation disturbance, utility installation, and building construction shall be substantially confined to the designated building envelope, utility easements, and driveway and parking footprint.
(2) 
Disturbed areas shall be restored as natural-appearing landforms, and shall blend in with the terrain of adjacent undisturbed land. Abrupt, angular transitions and linear slopes shall be avoided.
(3) 
As necessary, cuts and fills shall be supported by retaining walls, made of stone, wood, or other materials that blend with the natural landscape.
(4) 
Disturbed areas shall be contoured so that they can be revegetated using native species. No land areas shall be left open or unstabilized.
(5) 
Development shall preserve existing vegetation that aids the screening of the buildings and structures, softens its appearance, and reduces the potential for erosion and sedimentation from development.
(6) 
Grading shall not significantly alter natural drainage patterns.
(7) 
Any properties to be altered must be managed such that stormwater runoff following grading, filling, vegetation removal, etc. does not exceed runoff from predevelopment conditions.
(8) 
No soil shall be allowed to leave the construction site through surface erosion.
(9) 
Topsoil stripped from the site shall be stockpiled for future use or revegetation. Stockpiles must be located at least 100 feet from any stream, wetland, surface water body, or drainage ditch.
E. 
Standards in areas of steep slopes (15% or greater). Land disturbance in areas of steep slopes must comply with the standards outlined above in Subsection D, in addition to the provisions outlined in Subsection E(1) and (2) below:
(1) 
In areas where slopes fall between 15% and 30%, site disturbance shall not exceed 25% of the total area within this range of slopes.
(2) 
In areas where slopes exceed 30%, site disturbance is not permitted within this range of slopes.
(3) 
Any proposed disturbance on slopes that exceed 15% cannot occur until a geologic and engineering analysis has been prepared by an appropriately licensed professional. The analysis must demonstrate the following:
(a) 
The slope area's ground surface and subsurface are not prone to instability or failure.
(b) 
The proposed land disturbance will not cause greater instability or increase the potential for slope failure.
(c) 
The proposed land disturbance will not increase erosion that removes underlying support or surface material.
(d) 
The proposed land disturbance will not increase the hazard to adjoining properties or structures.

§ 270-50 Ponds.

The following apply to ponds:
A. 
Purpose:
(1) 
To minimize the associated hazard of large impoundments of water to those persons and properties located adjacent or down-gradient.
(2) 
To provide an adequate separation between man-made ponds and wells and/or septic systems.
B. 
General requirements.
(1) 
The provisions of this section apply to all man-made ponds or water impoundments, above existing grade, exceeding 500,000 gallons of water.
(2) 
Ponds or water impoundments constructed for any purpose, and which hold or store 500,000 gallons or more of water, are required to be designed by a NYS-licensed engineer and be reviewed by the Schenectady County Soil and Water Conservation District.
(3) 
The course and flow rate of any existing stream is not to be affected by the construction of any pond or water impoundment, unless a permit is issued by the New York State Department of Environmental Conservation authorizing such project.
(4) 
All man-made ponds and water impoundments, regardless of storage capacity, must meet the front, rear, and side yard setbacks applicable to the principal structure of the zoning district in which the pond/impoundment is located.

§ 270-51 Accessory apartments.

The following apply to accessory apartments:
A. 
Purposes:
(1) 
To provide homeowners with a means of obtaining, through rental income, companionship, security and income, and thereby enabling them to stay in their current home and neighborhood.
(2) 
To add an inexpensive housing option to the Town's housing stock so as to meet the needs of small households of one or two people.
(3) 
To make housing units available to individuals and couples, including relatives of the homeowner, who might otherwise have difficulty finding suitable housing within the Town.
(4) 
To provide an affordable housing option while at the same time maintaining the character of residential neighborhoods by ensuring that any exterior changes made to a principal dwelling will, to a degree reasonably feasible, maintain the appearance of the dwelling unit.
B. 
Specific regulations.
(1) 
Accessory apartments will be permitted only in single-family dwellings.
(2) 
The principal dwelling unit in which the accessory apartment is located must be owner-occupied.
(3) 
The accessory apartment unit cannot have a gross floor area which exceeds 750 square feet.
(4) 
No more than one accessory apartment will be permitted on any one parcel.
(5) 
No more than two individuals will be allowed to live in any one accessory apartment.
(6) 
The accessory apartment must be entirely self-contained, with separate cooking, sanitary and sleeping facilities for the exclusive use of the accessory unit's occupant(s).
(7) 
The accessory apartment unit's entrance and the principal dwelling shall share a common entrance. A vestibule, or such similar design feature, may then be utilized to provide separate entrances. There will be no new front entrance to the principal dwelling as a result of the establishment of an accessory apartment.
(8) 
One off-street parking space will be provided for each accessory apartment. No additional driveways are permitted. Existing driveways may be widened or lengthened to accommodate the additional parking space.
(9) 
The accessory apartment will conform to all the dimensional regulations of the principal dwelling as outlined in Article V of this chapter.
(10) 
The applicant/owner must demonstrate that the existing septic system (if applicable) has the capacity to accommodate the additional tenant(s). In doing so, the applicant/owner shall consult with staff of the Town's Engineering Department.
(11) 
Within 30 days of the completion of the accessory apartment, the owner(s) must record at the Schenectady County Clerk's office an amendment to the subject property's deed, noting that an accessory apartment unit is located on the premises, and that the right to let the accessory apartment ceases upon transfer of title. (The new title holder may re-lease the apartment, however, subject to the provisions herein.) Prior to the Town Building Inspector or Code Enforcement Officer issuing a certificate of occupancy, the owner shall provide proof of the amended deed. The Town Assessor will note existence of an accessory apartment on the record of the property.
[Amended 10-1-2014 by L.L. No. 7-2014]

§ 270-52 Fences.

A. 
General.
(1) 
Fences are permitted anywhere on a lot or parcel of land, provided the finished or ornamental side of the fence faces away from the lot on which it is located.
(2) 
Fences are to be located entirely within the owner's property.
(3) 
Fences will be maintained in good condition and will not be allowed to become dilapidated or deteriorate to a condition where they become a hazard to human health, or to the point where they negatively impact the character of the neighborhood.
B. 
Electric fences.
[Added 9-3-2014 by L.L. No. 4-2014[1]]
(1) 
Electric fences are permitted in two locations/circumstances only: on properties used for agriculture, and on properties zoned "Research/Development/Technology" within the Glenville Business and Technology Park.
(2) 
On properties used for agriculture, the electric fence must be clearly identified as such through the placement of signs, at intervals of no greater than 75 feet. These signs must face outwards and not be obstructed from the view by vegetation, structures, etc.
(3) 
On properties zoned "Research/Development/Technology" within the Glenville Business and Technology Park, the following restrictions apply:
(a) 
Electric fences can only be placed on the inside of completely enclosed nonelectric fences or walls.
(b) 
Electric fences cannot exceed the height of the nonelectric perimeter fence or wall.
(c) 
Electric fences are to be used for security purposes only and must employ a pulse-type system and comply with the safety standards of the International Electrotechnical Commission.
(d) 
Any exterior audible alarms associated with the fence must not exceed 75 dB(A) at the property line and must shut off automatically after two minutes.
(e) 
Signs are to be placed on the outside of the perimeter fence or wall, at intervals of no greater than 75 feet, alerting the public to the fact that an electric fence is in use. These signs must face outward and must be placed at a height between five feet and seven feet above finished grade. These signs are not to be obstructed from view by vegetation, structures, etc.
[1]
Editor's Note: This local law also redesignated former Subsections B through E as Subsections C through F, respectively.
C. 
Residential uses.
(1) 
Fences associated with residential uses will not exceed six feet in height above ground level in the rear yard, or in side yards located to the rear of the front plane of the dwelling.
(2) 
Fences on residential properties will not exceed four feet in height in the front yard, including along side lot lines to the front of the front plane of the dwelling.
(3) 
Barbed wire, electric fences and any other type of fence that may be hazardous to human health are prohibited.
D. 
Between residential and nonresidential uses.
(1) 
Fences will not exceed eight feet in height in the rear or side yard.
(2) 
Fences may be constructed to a height of eight feet along the side property line, even in the front of the dwelling, provided they are constructed for screening purposes only. Otherwise, fences alongside property lines in front of the front plane of the principal structure will not exceed four feet in height.
(3) 
Barbed wire, electric fences and any other type of fence that may be hazardous to human health are prohibited, except as otherwise noted in this section (§ 270-52).
[Amended 9-3-2014 by L.L. No. 4-2014]
E. 
Commercial, industrial and utility-type uses.
(1) 
Fences will not exceed 12 feet in height.
(2) 
Barbed wire and similar types of fencing used for security purposes are only permitted on the upper portion of the fence, above eight feet in height.
(3) 
If the fence is topped with barbed wire or a similar type of security fence, the top portion, if angled, will not intrude into or over neighboring properties.
(4) 
Electric fences are prohibited, except on "Research/Development/Technology" zoned properties within the Glenville Business and Technology Park, subject to the provisions and restrictions noted in Subsection B above.
[Amended 9-3-2014 by L.L. No. 4-2014]
F. 
Agricultural uses.
(1) 
Fences will not exceed 12 feet in height.
(2) 
Barbed wire fences are permitted.
(3) 
Electric fences are permitted but must be clearly identified as such through the placement of signs at intervals of no greater than 75 feet. These signs must face outward and not be obstructed from view by vegetation, structures, etc.
[Amended 9-3-2014 by L.L. No. 4-2014]

§ 270-53 Junkyards.

The following apply to junkyards:
A. 
Where allowed.
(1) 
Only the junkyards that were legally established at the time of adoption of this chapter are permitted.
(2) 
Legally established junkyards are allowed to expand, provided fencing and gates have been erected per Subsection B below.
B. 
Fencing.
(1) 
Every junkyard, and all activities associated with the junkyard, must be completely contained by a solid fence of at least eight feet in height. The height of the fence can be extended to 12 feet, but only the lower eight feet need to be constructed of a solid material.
(2) 
When not in use, the junkyard must be secured by locking all gates. Further, the gate(s) must be solid so as to screen the contents of the junkyard from the street and all adjacent properties.
C. 
Lighting.
(1) 
Any outdoor lighting associated with the junkyard must be positioned and directed towards the interior of the junkyard.
(2) 
Outdoor lighting is permitted for security purposes only. In other words, outdoor lighting is not to be used so as to allow operation of the junkyard during non-daylight hours.

§ 270-53.1 Contractor's yards.

[Added 8-21-2013 by L.L. No. 5-2013]
The following shall apply to contractor's yards:
A. 
Storage of equipment and materials.
(1) 
All equipment and materials associated with the contractor's business shall be stored either inside an enclosed building, or within an outdoor storage area that is confined on all sides by either solid fencing or a solid wall.
(2) 
There shall be no outdoor storage or holding of construction and demolition materials.
B. 
Setbacks for outdoor storage areas.
(1) 
Outdoor storage areas and the walls or fences that confine these areas must comply with the front, rear and side yard setbacks that are prescribed for the principal use.
C. 
Landscaping to supplement fences/walls along public streets and residential properties.
(1) 
In instances where a contractor's yard abuts a public street and/or a property currently being used for residential purposes, the outside of the fence/wall facing the public street and/or residential property shall be landscaped to soften the visual appearance of the fence/wall and storage area. The type of plantings, size, spacing, and density is to be determined by the Planning and Zoning Commission during the site plan review process.

§ 270-54 Private swimming pools.

The following apply to private swimming pools:
A. 
Location.
(1) 
An in-ground or aboveground swimming pool containing 24 inches or more water in depth at any point will be permitted as an accessory structure, and shall comply with all the required yard restrictions of the zoning district in which it is located.
(2) 
Swimming pools will not be permitted in front yards.
B. 
Size and lot coverage. The area of a swimming pool, including any raised deck, apron or platform and all accessory structures associated with the pool, is to be included when calculating lot coverage.
C. 
Enclosures and lighting.
(1) 
The ornamental or decorative side of any enclosure, if applicable, will face away from the pool.
(2) 
Any lighting associated with swimming pools will be directed towards the pool and/or deck, and in no case will lighting be installed in such a way as to directly shine upon neighboring properties or streets.
D. 
Compliance with other regulations/laws. At the time that an individual acquires a building permit application form for a swimming pool, he/she will be given a copy of the applicable state regulations pertaining to the construction and maintenance of swimming pools.

§ 270-55 Gasoline service stations, petroleum products and automobile repair businesses.

A. 
General. Any business or use of land that involves the dispensing of petroleum products to the general public (with the exception of marinas or the waterfront sale of fuel to boaters) is subject to the regulations of this section, as is any business which services or repairs automobiles, including car dealerships.
B. 
Paving, curbing and grading.
(1) 
The entire area used for parking, storage, loading and access must be paved.
(2) 
Grading for the paved areas of the property will be done in such a way as to prevent minor fuel spills from entering nonpaved areas, and to keep the spilled fuel from migrating off the site.
C. 
Vehicle service areas and vehicle storage.
(1) 
All automobile repair and servicing activities, and all equipment associated with repairs and servicing, will be located within a building.
(2) 
All vehicles stored on the property must have a current valid registration, except for new cars for sale not yet purchased and registered.
(3) 
All automobile parts and dismantled vehicles must be stored in a building, or adequately shielded from motorists and adjacent properties via an enclosed, solid-fenced area.
D. 
Access.
(1) 
There will be no more than one driveway on each street abutting the property. Areas not meant for access are to be curbed or landscaped so as to direct traffic to the formal access driveways.
(2) 
Driveways are not to exceed 30 feet in width at the street's pavement edge.
(3) 
On corner lots, no driveways will be permitted within 50 feet of the intersection.
E. 
Other applicable laws. Gasoline service stations and businesses which store and/or dispense petroleum products must comply with all other applicable federal, state and local laws and regulations. This includes compliance with Article VII of this chapter (Intermunicipal Watershed Rules and Regulations).

§ 270-56 Kennels, veterinary clinics and hospitals.

The following apply to kennels, veterinary clinics and hospitals:
A. 
General.
(1) 
Adequate landscaping and/or fencing shall be provided to create a visual, sound and odor buffer between such facility and adjacent properties.
(2) 
All animal and medical wastes shall be disposed of in a sanitary and environmentally safe manner, consistent in all respects with the requirements of the County and State Health Departments. On-site incineration is prohibited.
(3) 
No burial site shall be located closer than 100 feet to any lot line, nor shall any such site be within 200 feet of any residence, stream or other water body or source of private or public water supply.
B. 
Location.
(1) 
Veterinary clinics, animal training facilities, animal hospitals, and kennels with unenclosed exercise pens or kennels are permitted in the RA District upon conditional use permit approval.
(2) 
Veterinary clinics, animal training facilities, and animal hospitals with completely enclosed exercise pens or kennels may be located in the HC and GB Districts upon conditional use permit approval.
[Amended 8-21-2013 by L.L. No. 5-2013]
C. 
Setbacks.
(1) 
All veterinary clinics, animal training facilities, animal hospitals, and kennels with unenclosed exercise pens or kennels shall be located no closer than 100 feet to any adjoining property line.
(2) 
All veterinary clinics, animal training facilities, animal hospitals, and kennels with enclosed exercise pens or kennels shall be located no closer than 50 feet to any adjoining property line.

§ 270-57 Harboring of animals.

A. 
Agricultural-related animals.
(1) 
As used in this chapter, agricultural-related animals include, but are not necessarily limited to: cows, pigs, horses, sheep, chickens and other fowl, turkeys, goats, minks and all other animals which are kept for the purpose of monetary gain.
(2) 
Agricultural-related animals may only be harbored and raised within the Rural Residential and Agricultural Zoning District.
(3) 
All structures used to house, care for, or feed agricultural-related animals must comply with the setback provisions for agricultural activities/farms, as prescribed for the Rural Residential and Agricultural Zoning District.
(4) 
All new structures used to house, care for, or feed agricultural-related animals, and all structures containing manure, fertilizer, feed and other farm-related chemicals or by-products must be located at least 150 feet from any existing residence. This setback does not apply to any residence located on the same property as the agricultural structure.
(5) 
All agricultural-related animals must be contained on the property via fencing or other means.
B. 
Domestic animals.
(1) 
As used in this chapter, domestic animals include those animals which are typically deemed "pets," and which are usually found sharing a residence or residential accessory structure with people. Such animals include, but are not necessarily limited to: dogs, cats, rabbits, hamsters, gerbils, guinea pigs, songbirds, fish, turtles, frogs, hermit crabs, snakes, salamanders and ferrets.
(2) 
Domestic animals may be kept in any zoning district.
(3) 
Domestic animals are to be confined to the owner's property, or when off the owner's property, shall be controlled in such a manner as to not trespass onto lands of other nonconsenting property owners.
(4) 
All provisions of Chapter 88, Animals, must be complied with. In the event that any provisions of this chapter conflict with provisions of Chapter 88, the provision which is the most restrictive shall apply.

§ 270-58 Agricultural-related uses.

A. 
Intent. It is the intent of these provisions that an atmosphere of acceptance be maintained for agricultural activities within the Town of Glenville. Agriculture is recognized as an important part of the Town's economy, culture and rural atmosphere.
B. 
Accessory buildings and uses. Accessory buildings and uses for agricultural properties must comply with the setback, bulk, and area requirements of the particular zoning district in which the property is located, unless otherwise stated herein.
C. 
Roadside stands. Roadside stands, buildings and structures for the seasonal display and sale of agricultural products are permitted in the RA District under the following conditions:
(1) 
Only agricultural products that are grown on the premises shall be sold.
(2) 
The stand is a seasonal operation, not open to the public more than six months in any calendar year.
(3) 
No such stand shall have a footprint in excess of 600 square feet
(4) 
Off-street parking spaces will be provided in accordance with Schedule A of this chapter (see "produce stand").
(5) 
Such roadside stands may be permitted in the SR District upon conditional use permit approval.
(6) 
All signs shall conform to Article IX of this chapter.
D. 
Farm buildings.
(1) 
Any new building or structure in which farm animals or poultry are kept, or in which manure, odor- or dust-producing substances are stored, shall be located at least 150 feet from any existing residence. This setback does not apply to any residence located on the same property as the agricultural structure. Such uses are permitted only in the RA District.
(2) 
Buildings for agricultural uses in the RA District shall be no greater than 75 feet in height.
E. 
Stables for keeping horses or ponies. Stables in the RA District shall conform to the requirements of farm buildings as noted in Subsection D above.

§ 270-59 Garage sales.

A. 
Frequency. No garage sale may be established for more than three consecutive days. All garage sales must be established for one specific premises or location, and only once within a six-month period.
B. 
Location. All garage sales must be located on private property with adequate access and parking for such sale.
C. 
Hours of sale. All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
D. 
Signs.
(1) 
One on-site sign for the purpose of advertising the garage sale is permitted, but shall not exceed six square feet in size.
(2) 
Any sign erected or installed for the purpose of advertising such a garage sale shall be removed within 24 hours after the sale has concluded.
E. 
Exemptions. The requirements of this section shall not be applicable to:
(1) 
Sales for bona fide charitable, educational, cultural or governmental institutions, civic groups, service clubs, religious or other tax-exempt organizations.
(2) 
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
(3) 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separated items do not exceed nine in number.
(4) 
Permitted roadside stands for the seasonal display and sale of agricultural products.

§ 270-60 Commercial logging.

A. 
Commercial logging is permitted only in the Rural Residential and Agricultural (RA) Zoning District and the Land Conservation District. Within the Land Conservation District, commercial logging within freshwater wetlands is subject to approval by the New York State Department of Environmental Conservation in the case of state wetlands, and the Army Corps of Engineers in the case of federal wetlands.
B. 
No commercial logging is to occur within 50 feet of any property line or public right-of-way, except if tree removal is necessary for access to the property or for the construction of a haul road.
C. 
No commercial logging or construction of haul roads is to occur within 150 feet of any residence or year-round stream, river, pond or lake.
D. 
Commercial logging and any other activities associated with logging (i.e., loading of haul vehicles, construction of haul roads, sawing of downed trees, etc.) is to occur only from 7:00 a.m. to 7:00 p.m.
E. 
Clear cutting provisions for commercial logging.
(1) 
Clear cutting is not allowed within Land Conservation zoned areas.
(2) 
Clear cutting is not allowed on slopes which exceed 10%.
(3) 
Clear cutting is not allowed within 200 feet of any year-round stream, river, pond, lake, state-regulated wetland or federal-regulated wetland.
(4) 
Areas which have been clear cut will be replanted with any type of native vegetation that stabilizes the soils in the area in which clear cutting has occurred. Replanting of vegetation must commence within one week of the completion of the clear cut.

§ 270-61 Receive-only antennas.

A. 
No receive-only antennas will be placed in any front yard.
B. 
All receive-only antennas will comply with the same rear and side yard setback requirements as the principal structure for the particular zoning district in which the property is located.
C. 
All receive-only antennas will comply with the same maximum height requirements as the principal structure for the particular zoning district in which the structure is located.
D. 
For receive-only antennas located in side yards, the antenna will be screened from public streets and adjacent properties to the maximum extent practical, while still allowing for unhindered signal reception. Screening may either be in the form of evergreen vegetation or fencing; or a combination thereof.
E. 
Building permits are required for receive-only antennas. Applications for building permits will include construction drawings which show the proposed method of installation and a site plan depicting the location of the antenna relative to property lines and structures on the property.

§ 270-62 Unregistered and abandoned vehicles. [1]

A. 
Purpose. The outdoor storage or placement of unregistered, abandoned, or junked motor vehicles, or parts thereof, can jeopardize public health, safety, and welfare. Such vehicles and junk constitute an attractive nuisance to children, which can result in injuries. Their outdoor storage is a blight on the Town's landscape, and their existence tends to depreciate the value of property in the neighborhood. Therefore, the purpose of this section is to ensure the health, safety, and welfare of the public through the prohibition and regulation of junked and/or abandoned motor vehicles and parts.
B. 
Prohibition of outdoor storage.
(1) 
It shall be unlawful for any person, firm, or corporation to store or place, or cause to be stored or placed, any unregistered, abandoned, or junked motor vehicles, or parts thereof, anywhere, except within a wholly enclosed building or lawfully established junkyard, pursuant to § 270-53 of this chapter.
(2) 
Any unregistered, abandoned, or junked motor vehicles, or used parts thereof, shall be removed by the owner, occupant, lessee, agent, tenant, or other person, firm or corporation occupying, managing, or controlling the property on which the vehicle or junk is located.
C. 
Auto repair and servicing facilities: no exceptions. Auto repair facilities, servicing operations, body shops, and gas stations must abide by the provisions of this section. Any and all unregistered or junked vehicles, or parts thereof, in association with an auto repair facility, servicing operation, body shop, or gas station must be stored indoors. Any outdoor storage of said vehicles and junk shall constitute a junkyard, which is prohibited unless already lawfully established at the time of adoption of this chapter.
[1]
Editor's Note: See Ch. 251, Abandoned Vehicles.

§ 270-63 Temporary/mobile trailers for commercial use.

A. 
Purpose. The placement and usage of trailers for temporary or permanent retail, office, restaurant, and other commercial uses can and does degrade the visual quality of commercial properties. Further, the haphazard siting of trailers can negatively impact on-site traffic circulation, off-street parking, green space, landscaping, etc. Consequently, the purpose of this section is to ensure that trailers are only used on a temporary basis, and that they are situated and sized so as to minimize aesthetic and site impacts.
B. 
Duration of use. Only one trailer can be used on any given commercial property, and then only for a maximum of six months in any consecutive five-year period.
C. 
Size in relation to the principal structure. The trailer's footprint (lot coverage) may not exceed 1/3 the footprint of the principal structure which it serves.
D. 
Location and setbacks. Trailers may only be located in side or rear yards. Further, the trailer must comply with the side and rear yard setbacks prescribed for the principal building in the zoning district in which it is located.
E. 
Maintenance of landscaping and trees. Trailers shall be located in such a way as to not necessitate the cutting down or removal of any trees or the removal or relocation of any landscaping vegetation (i.e., shrubs, flowers, hedges, trees, etc.). Trailers should not be located within the dripline of trees over 10 inches in diameter at breast height (DBH).

§ 270-64 Preservation of Mohawk Riverfront.

A. 
General. The Town of Glenville Comprehensive Plan calls for additional access to and usage of the Mohawk River by the public. It is recognized, however, that the Mohawk Riverfront is a sensitive resource worthy of preservation. And while certain types of development are permitted within some of the zoning districts that abut the Mohawk River, it is important that vegetation along the riverfront be preserved to the extent practicable.
B. 
Vegetation and tree retention within 100 feet of the top of the riverbank.
(1) 
No more than 30% of this hundred-foot-deep strip shall be clear-cut on any one property.
(2) 
In the remaining 70% length of this strip, the only cutting and clearing allowed is for the purpose of removing dead trees and vegetation, or trees that may pose a threat to human health, or for the installation of foot paths or bicycle paths, not to exceed 15 feet in width.
(3) 
No clear-cut shall be wider than 100 feet.
(4) 
Clear cutting is not allowed on slopes that exceed 10%.

§ 270-65 Performance standards.

A. 
Compliance required. All uses of lands or buildings in the Town of Glenville shall comply with the performance standards as described in this section.
B. 
Evaluation. The Building Inspector or Code Enforcement Officer may require independent expert evaluation to determine the compliance of a proposed use with these performance standards at the expense of the applicant before issuing a permit.
[Amended 10-1-2014 by L.L. No. 7-2014]
C. 
Determination of violation. The Building Inspector or Code Enforcement Officer shall investigate any written or alleged violation of performance standards. If reasonable evidence of a violation exists, the Building Inspector may then revoke the certificate of occupancy.
[Amended 10-1-2014 by L.L. No. 7-2014]
D. 
Certain nuisances prohibited. No use shall be established or operated in a manner so as to create hazards, vibration, glare or air, water or ground pollution, or nuisance elements in excess of the limits established under this section.
E. 
Determination of nuisance elements. The determination of any nuisance shall be made at:
(1) 
The interior of the property for fire, explosion and other safety hazards.
(2) 
The property lines of the use creating noise, vibration, glare, dust, electrical disturbance and safety hazards.
(3) 
Anywhere in the Town of Glenville for elements involving radioactivity, air, water and ground pollution.
F. 
Fire and explosion hazards; open burning. All activities involving, and all storage of, flammable and explosive materials shall implement adequate safety devices against the hazard of fire and explosion and shall be required to have installed on-site fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited.
G. 
Electrical disturbance. No electrical disturbance which adversely affects the operation of any equipment on any other property shall be permitted.
H. 
Radioactivity. There shall be no possession of radioactive materials without issuance of a current license from one of the following: New York State Department of Health, New York State Department of Labor, New York State Department of Environmental Conservation or the Schenectady County Department of Health. Products and devices customarily used in residences and businesses that exhibit minute quantities of radiation (i.e., smoke detectors) are exempt from this provision.
I. 
Noise. No use shall operate in violation of Article XIV of this chapter.
J. 
Vibration. No vibration shall be permitted which is detectable without an instrument at the property line.
K. 
Glare. Glare, whether direct or reflected, whether from floodlights or high-temperature processes such as welding or combustion, shall be confined to the property in which it is generated. Temporary glare customarily associated with motor vehicles is exempt from this provision.
L. 
Odor. No emission of any malodorous matter shall be permitted so as to be detected outside the property line of the lot on which the facility is located. Any facility which may involve the emission of any odor shall be equipped with a secondary safeguard system, so that control will be maintained if the primary system should fail. Agricultural activities are exempt from this provision, provided such odors are typical of agricultural operations and not unique to any particular farm or agricultural site.
M. 
Discharge of toxic or noxious matter. No activity shall permit any type of discharge either on- or off-site of any toxic or noxious matter in such concentrations as to be detrimental to or endanger the health of the public or any species of bird or mammal. For the purposes of this provision, "noxious" is defined as that which causes or tends to cause injury to health.
N. 
Other forms of air pollution. No emission of toxic gases or other forms of air pollution shall be permitted which can cause any damage to human or animal health, vegetation or other properties or which may cause any excessive soiling beyond the property line.