[Amended 4-5-2006 by L.L. No. 3-2006; 2-21-2007 by L.L. No. 1-2007; 1-20-2010 by L.L. No. 1-2010; 8-18-2010 by L.L. No. 5-2010; 7-18-2012 by L.L. No.
3-2012; 8-21-2013 by L.L. No. 5-2013; 1-22-2014 by L.L. No. 1-2014; 7-16-2014 by L.L. No. 2-2014; 10-1-2014 by L.L. No. 7-2014; 5-27-2015 by L.L. No. 2-2015; 2-15-2017 by L.L. No. 3-2017; 12-20-2017 by L.L.
No. 13-2017; 7-18-2018 by L.L. No. 2-2018; 12-4-2019 by L.L. No. 7-2019; 2-19-2020 by L.L. No. 3-2020; 11-18-2020 by L.L. No. 17-2020]
The following apply to the RA Rural Residential and Agricultural
District:
A.
Purpose: to maintain low-density residential and agricultural development
in areas that are considered rural, and to accommodate outdoor recreation
facilities and other land uses which are dependent on a rural setting.
D.
Uses permitted by conditional use permit.
F.
Dimensional regulations. The Table of Dimensional Regulations is included at the end of this chapter.
The following apply to the SR Suburban Residential District:
A.
Purpose: to accommodate relatively dense single-family development,
and related uses, in those areas of Glenville where public water is
available, where soil conditions are generally favorable for the siting
of a septic system and where adequate roads, drainage systems and
related infrastructure are already in place.
C.
Uses permitted by site plan review.
(1)
Day-care centers.
(2)
Churches, synagogues, rectories and other religious uses and institutions.
(3)
Personal wireless service facilities.
(4)
Not-for-profit recreation facility.
(5)
Roadside produce stands located on a county highway and/or on a road
with speed limits greater than 30 miles per hour (but not exceeding
a building footprint of 600 square feet).
E.
Dimensional regulations. The Table of Dimensional Regulations is included at the end of this chapter.
The following apply to the RM Multi-Family Residential District:
A.
Purpose: to provide for a form of housing, other than conventional
single-family housing, in those areas where multifamily development
already exists, or in areas where infrastructure and services are
readily available and can accommodate dense residential growth.
D.
Dimensional regulations. The Table of Dimensional Regulations is included as an attachment to this chapter.
The following apply to the PR Professional Residential District:
A.
Purpose: to provide for a compatible mixture of private residences
and professional offices in areas currently in transition from residential
to commercial, and in areas, particularly along busy roads, where
new single-family home development is unlikely to occur. It is further
intended that the scale and layout of both new development and converted
structures in this district do not significantly increase traffic
volumes, nor introduce traffic conflicts via an increase in the number
of driveways.
C.
Uses permitted by site plan review.
(1)
Medical offices (i.e., doctors, dentists, chiropractors, psychiatrists,
etc.).
(2)
Law offices.
(3)
Engineering offices.
(4)
Architect/landscape architect offices.
(5)
Accountant/financial planning offices.
(6)
Real estate offices.
(7)
Insurance/brokerage offices.
(8)
Instructional services.
(9)
Computer consultants.
(10)
Churches, synagogues, rectories and other religious uses and
institutions.
(11)
Day-care centers.
(12)
Museums.
(13)
Libraries.
(14)
Accessory apartments.
(15)
Bed-and-breakfast establishments.
(16)
Personal wireless service facilities.
(17)
Beauty salons and barber shops.
(18)
Contractor's office.
D.
Dimensional regulations. The Table of Dimensional Regulations is included as an attachment to this chapter.
The following apply to the CB Community Business District:
A.
Purpose: to provide for the basic community services, employment,
convenience shopping and recreation for persons residing in nearby
residential areas and the local community. It is further intended
to provide additional housing opportunities within mixed-use buildings.
B.
Uses permitted by site plan review.
(1)
Retail businesses, not to exceed 20,000 square feet of gross floor
area.
(2)
Banks, professional, medical, governmental and general offices not
to exceed 20,000 square feet of gross floor area.
(3)
Personal services.
(4)
Public and private clubs, fraternities and lodges.
(5)
Day-care centers.
(6)
Residential dwelling units within the same building as any other
use permitted within this district, provided the residence(s) is (are)
not located on the ground floor.
(7)
Bed-and-breakfast establishments.
(8)
Nurseries, garden shops and florists.
(9)
Museums.
(10)
Libraries.
(11)
Personal wireless service facilities.
(12)
Microbreweries, microwineries and microdistilleries.
(13)
Contractor's offices.
(14)
Restaurants, cafes and other eating establishments.
[Amended 9-6-2023 by L.L. No. 4-2023]
C.
Uses permitted by conditional use permit which also require site
plan review.
(1)
Indoor recreation facilities.
D.
Dimensional regulations. The Table of Dimensional Regulations is included as an attachment to this chapter.
The following apply to the GB General Business District:
A.
Purpose: to provide for a wide variety of commercial uses that serve
both local and regional needs in those areas where easy access is
available, and where residential neighborhoods will not be significantly
disturbed.
B.
Uses permitted by site plan review.
(1)
Retail businesses.
(2)
Offices.
(3)
Personal and general services.
(4)
Public and private clubs, fraternities and lodges.
(5)
Museums.
(6)
Libraries.
(7)
Day-care centers.
(8)
Shopping centers.
(9)
Indoor and outdoor recreation facilities.
(10)
Human services/social services offices.
(11)
Hotels, motels, bed-and-breakfast establishments, tourist homes
and boardinghouses.
(12)
Residential dwelling units within the same building as any other
use permitted within this district, provided the residence(s) is (are)
not located on the ground floor.
(13)
Personal wireless service facilities.
(14)
Indoor, outdoor and not-for-profit recreation facilities.
(15)
Laundromats.
(16)
Microbreweries, microwineries and microdistilleries.
(17)
Contractors' offices.
(18)
Food and beverage processing and distribution facility not to
exceed 10,000 square feet of gross floor area.
(19)
Restaurants, food services, taverns and nightclubs.
C.
Uses permitted by conditional use permit.
(1)
Veterinary clinics, animal training facilities, kennels and animal
hospitals with completely enclosed pens or kennels.
E.
Dimensional regulations. The Table of Dimensional Regulations is included as an attachment to this chapter.
The following apply to the HC Highway Commercial District:
A.
Purpose: to establish a hybrid commercial/light industrial zoning
district along the western Route 5 corridor of Glenville in an effort
to attract a variety of land uses, including those that are best suited
for rural highway corridors.
C.
Uses permitted by site plan review.
(1)
Retail businesses.
(2)
Offices.
(3)
Restaurants, food services, taverns and nightclubs.
(4)
Personal and general services.
(5)
Public and private clubs, fraternities and lodges.
(6)
Museums.
(7)
Boarding stables and riding academies.
(8)
Indoor, outdoor, and not-for-profit recreation facilities.
(9)
Campgrounds.
(10)
RV parks.
(11)
Hotels and motels.
(12)
Microbreweries, microwineries and microdistilleries.
(13)
Contractors' offices, shops and yards.
(14)
Personal wireless service facilities.
(15)
Printing and publishing offices and shops.
(16)
Research and development facilities.
D.
Uses permitted by conditional use permit.
(1)
Churches, synagogues, rectories and other religious uses and
institutions.
(2)
Veterinary clinics, animal training facilities, kennels, and
animal hospitals with completely enclosed pens or kennels.
(3)
Auction businesses and inventory facilities/yards.
(4)
Vehicle and equipment rental agencies.
(5)
Enclosed warehousing and distribution facilities.
The following apply to the RDT Research, Development and Technology
District:
A.
Purpose: to accommodate emerging technology firms, manufacturing,
assembly, warehousing and similar uses in areas where industrial and
warehousing uses have historically located, and where infrastructure
is already in place to serve such uses. Additionally, this zoning
district is designed to accommodate certain commercial uses that complement
research, development, and technology-related uses.
B.
Uses permitted by site plan review.
(1)
Light assembly.
(2)
Retail outlets associated with warehousing or light assembly.
(3)
Offices.
(4)
Enclosed warehousing and distribution facilities.
(5)
Enclosed manufacturing.
(6)
Vehicle and equipment rental agencies.
(7)
Automobile dealerships.
(8)
Automobile repair shops.
(9)
Gasoline service stations.
(10)
Car washes.
(11)
Food and beverage processing and distribution facilities.
(12)
Printing and publishing offices and shops.
(13)
Indoor, outdoor, and not-for-profit facilities.
(14)
Personal wireless service facilities.
(15)
Microbreweries, microwineries and microdistilleries.
C.
Uses permitted by conditional use permit which also require site
plan review.
D.
Dimensional regulations. The Table of Dimensional Regulations is included at the end of this chapter.
The following apply to the LC Land Conservation District:
A.
Purpose: to minimize the construction and placement of buildings
and structures in areas that are sensitive to development due to the
presence of regulated wetlands, flood-prone areas, steep slopes, etc.
B.
Uses permitted by right.
(1)
Public and private parks, preserves and open spaces.
(2)
Bird sanctuaries and wildlife refuges.
(3)
Bike and pedestrian trails.
(4)
Interactive structures associated with the above uses.
(5)
Agricultural activities. (Permitted activities are restricted to
those allowed by the New York State Department of Environmental Conservation
permit, or similar activities permitted by state and/or federal agencies.
Clear-cutting is not permitted.)
(6)
Private docks. (Permitted activities are restricted to those allowed
by the New York State Department of Environmental Conservation permit,
or similar activities permitted by state and/or federal agencies.
Clear-cutting is not permitted.)
(7)
Commercial logging. (Permitted activities are restricted to those
allowed by the New York State Department of Environmental Conservation
permit, or similar activities permitted by state and/or federal agencies.
Clear-cutting is not permitted.)
C.
Dimensional regulations. The only dimensional regulations that apply
are those relating to accessory structures. The regulations pertaining
to location, height, yards and site coverage of such accessory use
in the Suburban Residential District shall apply.
The following apply in the PPL Public Park Lands District:
A.
Purpose: to identify publicly owned parks, preserves, recreation
areas and open spaces, and to preserve and enhance those very features
which led to the acquisition/establishment of these publicly owned
properties.
C.
Dimensional regulations. Dimensional regulations do not apply within
the Public Park Lands District.
The following apply in the RRC Riverfront Recreation/Commercial
District:
A.
Purpose: to provide for public and privately sponsored water-dependent
or water-enhanced development which promotes and supports recreational
opportunities and commerce on the Mohawk River/Barge Canal and its
adjacent shoreline, while at the same time preserving the riverfront
environment as much as possible.
E.
Dimensional regulations. The Table of Dimensional Regulations is included at the end of this chapter.
The following apply to the AZ Airport Zoning District:
A.
Purpose: to provide for continued private and public use of the Schenectady
airport and for potential expansion within the current boundaries
of the airport. Further, the airport district has been established
to encourage certain types of ancillary development, which is often
associated with publicly owned airports.
B.
Uses permitted by right.
(1)
Fixed-base operator facilities.
(2)
Passenger terminals and associated parking lots.
(3)
Aircraft fueling operations and facilities.
(4)
Control towers, weather-monitoring stations and similar airport structures
and uses.
(5)
Offices in association with aviation activities.
(6)
Charter operations.
(7)
Aircraft hangars.
E.
Dimensional regulations. The Table of Dimensional Regulations is included at the end of this chapter.
[Amended 2-3-2021 by L.L.
No. 3-2021; 2-3-2021 by L.L. No. 6-2021]
Four separate and distinct overlay zoning districts exist within
the Town of Glenville. One is the Town Center Overlay District, second
is the Adult Use Overlay District, third is the Storage Overlay, and
fourth is the Large-Scale Solar Energy Farm Overlay.
B.
Adult Use Overlay District.
(1)
Purpose.
(a)
To provide for limited establishment of adult-oriented land
uses, as well as other land uses which, by their very nature, have
objectionable characteristics, while limiting their location and operation
to an industrial area of Glenville where community impacts associated
with these uses will be minimized.
(b)
To promote the health, safety, moral or general welfare of the
community, including the protection and preservation of property,
and the maintenance of property values.
(c)
It is further declared that the location of these uses, in regard
to where our youth may regularly assemble, and the general atmosphere
encompassing their operation, is of significant concern to the Town
of Glenville. Therefore, these regulations shall accomplish the purpose
of preventing and restricting accessibility to minors.
(2)
Applicability. All applications for the land uses identified in Subsection B(4) below involving new building construction, changes in tenancy, exterior modifications/renovations, and additions are subject to the provisions of this section.
(3)
Location of overlay district. Land uses permitted within the
Adult Use Overlay District are limited to property and buildings within
the boundaries of the overlay district, which in turn is delineated
on the Town of Glenville Zoning Map. The Adult Use Overlay Zoning
District is roughly a nineteen-acre rectangular area within the Glenville
Business and Technology Park, along the northern boundary of the center
portion of the Park, north of the 500-series of buildings and generally
bounded by the railroad line to the north and Patent Parkway to the
south.
(4)
Uses allowed. All uses of land allowed within the underlying zoning district are permitted by site plan review and/or a conditional use permit, per the regulations of the underlying district. Additionally, the uses of land identified in Subsection B(4)(a) through (e) below are allowed within the Adult Use Overlay District only, subject to both site plan review and a conditional use permit. These uses are not permitted within any other zoning district of the Town of Glenville:
(a)
Adult uses, including but not limited to adult bookstores, adult
theaters, and adult entertainment cabarets.
(b)
Pawn shops.
(c)
Secondhand dealers.
(d)
Cannabis or tobacco retail and consumption.
[Amended 9-6-2023 by L.L. No. 4-2023]
(e)
Massage parlors.
(f)
Marijuana dispensaries, including CBD products.
(g)
Hookah shops, cafes or bars.
(5)
Minimum lot size, minimum yard setbacks, and all other dimensional requirements. All of the dimensional requirements of the underlying zoning district apply to the overlay district uses defined in Subsection B(4) above, with the exception of the maximum height requirement, which is limited to 35 feet, regardless of the maximum height provision of the underlying zoning district.
(6)
Parking requirements. The off-street parking requirements for the uses identified in Subsection B(4) above are prescribed in Schedule A (Off-Street Parking Standards) of this chapter.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(8)
(9)
Visibility and display. No adult use shall be conducted in any
manner that permits the observation of any material depicting or relating
to sexual activities or anatomical areas customarily covered in clothing
while in public from any public way or other property. This provision
applies to any display, decoration, sign, banner, show window, screen
or other building opening.
(10)
Application and review procedures. All uses of land identified in Subsection B(4) above subject to the provisions herein require both site plan review/approval and a conditional use permit. The application and review procedures for site plan review and conditional use permits are detailed in Articles XVI and XVII of this chapter, respectively.
C.
Storage Overlay District.
(1)
Purpose.
(a)
The intent of this subsection is to accommodate storage of automobiles
associated with automobile dealerships, automobile towing operations
and automobile rental operations and provide for self-storage. However,
in accommodating such activities, it is the intent that there be no
appreciable degradation of the character of the surrounding neighborhoods
in which these activities occur.
(b)
The implementation of this district shall be established as
an overlay district which imposes additional criteria on the underlying
zoning districts. The overlay district shall be a floating zone in
the HC District as additional permitted uses provided the following
conditions are met herein.
(2)
Specific regulations. Storage of automobiles for automobile dealerships, automobile towing operations, automobile rental operations, and self-storage are permitted by site plan review in the HC District as detailed in Article XVI of this chapter, provided the use meets all of the following conditions:
(a)
Lot requirements. The site shall be a minimum of one acre, shall not be located in a floodplain or flood-prone area as defined by Chapter 151, Flood Damage Prevention, and shall not take primary access, nor provide for deliveries, from a predominantly residential street.
(b)
With the exception of automobile dealerships where vehicles
are parked on the sales lot, parking lots will not be used to display
vehicles for sale.
(c)
For self-storage uses, all storage shall be inside a building.
(d)
For automobile towing operations, the storage permitted is temporary
only; no vehicle may be stored longer than 30 days. This use does
not permit the site to be used as a junkyard or a salvage yard.
(3)
Materials to be submitted:
(a)
Site plan with all the items spelled out in the site plan checklist portion of the application packet included on the plan/map. (See § 270-106D.)
(b)
Additionally, the site plan must show all proposed improvements,
including driveways, parking, fencing, landscaping, lighting, and
area for snowstorage.
(d)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with Article XI of this chapter shall be required for site plan approval. The SWPPP shall meet the performance, design criteria and standards set forth in Article XI. The approved site plan shall be consistent with the provisions of Article XI.
(4)
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.
(5)
Screening and landscaping. A combination of deciduous and evergreen tree plantings shall be required to screen the parking lot from nearby residential properties and on the perimeter of the parking lot. Landscaping requirements for landscaping within the parking lot shall conform to Article XIX of this chapter. Interior landscaped parking islands and peninsulas are encouraged, but where they are used, the preferred layout is that of larger islands and peninsulas instead of numerous small islands.
(6)
Paving and stormwater management.
(a)
The entire area used for parking must be paved. The use of permeable
or porous pavement where practicable is preferred. Surfaces shall
provide dust-free, all-weather material and will be graded and drained
so as to dispose of all surface water without erosion, flooding, or
negative impacts onto neighboring properties.
(b)
All parking areas shall address stormwater on the site subject to stormwater requirements in Article XI. Where practical, stormwater management facilities should utilize green infrastructure best management practices (BMPs) to reduce impervious surfaces in the site design using on-site infiltration practices including rain gardens, vegetated swales, filter strips, stormwater planters, permeable pavement, and porous pavement. Further details about site infiltration practices can be found in the Capital District Regional Planning Commission Green Infrastructure Toolkit found atcdrpc.org.
(7)
Setbacks. Setbacks for self-storage units shall follow the setbacks for the underlying districts; however, in no case shall parking lots be located closer than 25 feet to any street right-of-way, nor closer than 10 feet to the rear or side property lines, and they may not be located any closer than 40 feet from the property line of residential properties. Additionally, with the exception of entrance and exit driveways, only green space and vegetation will be permitted within the twenty-five-foot strip/setback between the parking lot and street right-of-way and must conform to the requirements set forth in Article XIX.
(8)
Access management. Off-street parking should be designed to
minimize traffic conflicts and utilize combined access drives where
feasible.
(9)
Lighting. Any lighting associated with parking areas will be
directed into the parking area and away from adjacent properties and
public rights-of-way.
(10)
Initiation of application. Any person or corporation having
ownership of the property, or a possessory interest entitled to exclusive
possession, or a contractual interest or future ownership, may file
a request for use of the overlay district.
(11)
Preliminary application.
(a)
The applicant shall submit 23 copies of a preliminary site plan
as required above with a written application for a change in district
to a Storage Overlay District.
(b)
Review by the Town Board.
[1]
Findings required. The Town Board may recommend
establishment of a Storage Overlay District, provided that the preliminary
site plan establishes that:
[a]
The uses proposed will not be detrimental to surrounding
uses, but will have a beneficial effect, which could not be achieved
in another district.
[b]
Land surrounding the proposed development can be
planned in coordination with the proposed development and that it
be compatible in use.
[c]
The proposed zoning change is in conformance with
the general intent of this chapter and the Town of Glenville Comprehensive
Plan.
[d]
The proposed location does not create any adverse
visual impacts to surrounding uses.
(c)
Public hearing by the Town Board. The Town Board shall conduct
a public hearing on the proposed change of zoning. The public hearing
on the proposed zoning map amendment to the Storage Overlay District
shall be given public notice as required for all zoning map amendments.
After the public hearing, the zoning map may be amended, but such
action shall only have the effect of granting permission for preparing
site plans for development of the specific proposal incorporating
any conditions or modifications requested by the Town Board. The Town
Board may deny approval of the zoning map amendment and any preliminary
development plans.
(d)
Review by the Planning and Zoning Commission. Upon approval
by the Town Board for amendment(s) to the zoning map, an application
for said approved use through an overlay shall be submitted to the
Planning and Zoning Commission for review and approval as required
by Town Code.
D.
Solar Energy Farm Overlay District.
(1)
Authority. The Solar Energy Farm Overlay District is adopted
pursuant to §§ 261 to 263 of the Town Law and § 20
of the Municipal Home Rule Law of the State of New York, which authorize
the Town to adopt zoning provisions that advance and protect the health,
safety and welfare of the community, and, in accordance with the Town
Law of New York State, "to make provision for, so far as conditions
may permit, the accommodation of solar energy systems and equipment
and access to sunlight necessary therefor."
(2)
Statement of purpose. The purpose of the Solar Energy Farm Overlay
District is to allow installation of solar energy farms as a source
of renewable energy that serves the community. It provides for the
responsible development of parcels adequately sized that are located
near substations but are otherwise difficult to develop. The development
of solar energy farms requires consideration of the neighborhood's
needs including but not limited to aesthetics, safety and private
investment into community amenities, such as the park system. Furthermore,
this overlay district is adopted to advance and protect the public
health, safety, and welfare of the Town by creating regulations for
the installation and use of solar energy generating systems and equipment,
with the following objectives:
(a)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(b)
To foster low-impact development of sites that are otherwise
difficult to develop located near existing substations;
(c)
To increase employment and business development in the Town,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(d)
To broaden the economic tax-base without further depleting or
drawing on limited resources:
(e)
To lessen the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
(f)
To create synergy between solar and other community goals pursuant
to the Comprehensive Plan, such as to responsibly create vibrant neighborhoods,
revitalize business growth, manage land uses, create walkable communities,
and encourage investment into Town services.
(3)
Definitions. Terms pertaining to the Solar Energy Farm Overlay District are defined in Town Code § 270-163, Definitions.
(4)
Applicability.
(a)
The requirements of this subsection shall apply to all solar
energy farms permitted, installed, or modified in Town after the effective
date of this subsection, excluding general maintenance and repair.
(b)
Solar energy farms constructed or installed prior to the effective
date of this subsection shall not be required to meet the requirements
of this subsection.
(c)
Modifications to an existing solar energy farm that increase
the solar energy farm area by more than 5% of the original area of
the solar energy farm (exclusive of moving any fencing) shall be subject
to this subsection.
(d)
All solar energy farms shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Town Code.
(5)
General requirements.
(a)
A building permit shall be required for installation of all
solar energy farms.
(b)
Local land use boards are encouraged to condition their approval
of proposed developments on sites adjacent to solar energy farms so
as to protect their access to sufficient sunlight to remain economically
feasible over time.
(c)
Issuance of permits and approvals by the Town Board, Planning
Zoning Commission (PZC) and Glenville Environmental Conservation Commission
(GECC) shall include review pursuant to the State Environmental Quality
Review Act ECL Article 8 and its implementing regulations at 6 NYCRR
Part 617 ("SEQRA").
(d)
Fees and costs.
[1]
For each application for a zoning change, site
plan or subdivision, the Town of Glenville shall collect a fee from
the applicant. The schedule of these fees is established by resolution
of the Town Board and updated from time to time.[2] In addition to the fees which are designed to reimburse the Town for expenses of review by the Planning and Zoning Commission, the Town Board may authorize the charging of plan-specific fees for engineering review, SEQRA review and legal review for site plans and subdivisions submitted to the Planning and Zoning Commission. No permit or certificate of any kind shall be issued for any parcel of land for which there are monies due to the Town of Glenville pursuant to this chapter and resolutions enacted hereunder. Said fees shall be subject to the provisions of Article V herein.
(6)
Permitting requirements.
(a)
Initiation of application. Any person or corporation having
ownership of the property, or a possessory interest entitled to exclusive
possession, or a contractual interest or future ownership, may file
a request for use of the overlay district.
(b)
All solar energy farms are permitted through Glenville Environmental
Conservation Commission (GECC) for Type I SEQR review, Town Board
zoning change review and Planning and Zoning Commission (PZC) site
plan review subject to requirements set forth in this subsection.
(c)
Preliminary applications for the installation of solar energy
farms shall be:
[1]
Reviewed by the Zoning Enforcement Officer for
completeness. Applicants shall be advised within 10 business days
of the completeness of their application or any deficiencies that
must be addressed prior to substantive review;
[2]
Reviewed by the Glenville Environmental Conservation
Commission (GECC) for a Type I SEQR review recommendation Planning
and Zoning Commission;
[3]
Reviewed by the Town Board for consistency with
the objectives of the overlay district;
[4]
Subject to a public hearing to hear all comments
for and against the application. The Town Board of the Town shall
have a notice printed in a newspaper of general circulation in the
Town at least five days in advance of such hearing. Applicants shall
have delivered the notice by first class mail to adjoining landowners
or landowners within 200 feet of the property at least 10 days prior
to such a hearing. Proof of mailing shall be provided to the Town
Board at the public hearing;
[5]
Referred to the Schenectady County Planning Department
pursuant to General Municipal Law § 239-m if required;
[6]
Approved or denied within 62 days of the public
hearing. The Town Board shall take action on the application, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Town Board and applicant;
and
[7]
Subject to site plan approval by the planning and
Zoning Commission.
(d)
Findings required for a zoning change:
[1]
The Town Board may recommend establishment of a
Solar Overlay District, provided that the preliminary site plan establishes
that:
[a]
The uses proposed will not be detrimental to surrounding
uses, but will have a beneficial effect, which could not be more effectively
achieved in another district.
[b]
The proposal preserves vegetation on the parcel
and the parcel is otherwise difficult to develop.
[c]
Land surrounding the proposed development can be
planned in coordination with the proposed development and that it
be compatible in use.
[d]
The proposed zoning change is in conformance with
the general intent of this chapter and the Town of Glenville Comprehensive
Plan.
[e]
The proposed location does not create substantially
adverse visual impacts to surrounding uses.
[2]
Public hearing by the Town Board. The Town Board
shall conduct a public hearing on the proposed change of zoning. The
public hearing on the proposed zoning map amendment to the Solar Farm
Overlay District shall be given public notice as required for all
zoning map amendments. After the public hearing, the zoning map may
be amended, but such action shall only have the effect of granting
permission for preparing site plans for development of the specific
proposal incorporating any conditions or modifications requested by
the Town Board. The Town Board may deny approval of the zoning map
amendment and any preliminary development plans.
(e)
Review by the Planning and Zoning Commission. Upon approval
by the Town Board for amendment(s) to the zoning map, an application
for said approved use through an overlay shall be submitted to the
Planning and Zoning Commission for review and approval as required
by Town Code.
[1]
Site plan application. Application for any solar energy farm requiring site plan approval shall include site plan submittal requirements listed in § 270-106A to E in addition to the following information:
[a]
Property lines and physical features, including
roads, for the project site.
[b]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, and
screening vegetation or structures.
[c]
A one- or three-line electrical diagram detailing
the solar energy farm layout, solar collector installation, associated
components, and electrical interconnection methods, with all National
Electrical Code compliant disconnects and over current devices.
[d]
A preliminary equipment specification sheet that
documents all proposed solar panels, significant components, mounting
systems, and inverters that are to be installed. A final equipment
specification sheet shall be submitted prior to the issuance of building
permit.
[e]
Name, address, and contact information of proposed
or potential system installer and the owner and/or operator of the
solar energy farm. Such information of the final system installer
shall be submitted prior to the issuance of building permit.
[f]
Name, address, phone number, and signature of the
project applicant, as well as all the property owners, demonstrating
their consent to the application and the use of the property for the
solar energy farm.
[g]
Zoning district designation for the parcel(s) of
land comprising the project site.
[h]
Property operation and maintenance plan. Such plan
shall describe continuing photovoltaic maintenance and property upkeep,
such as mowing and trimming.
[i]
Erosion and sediment control and stormwater management
plans prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
[j]
Prior to the issuance of the building permit or
final approval by the Planning and Zoning Commission, but not required
as part of the application, engineering documents must be signed and
sealed by a New York State (NYS) Licensed Professional Engineer or
NYS Registered Architect.
[k]
Standard for Planning and Zoning Commission review.
[i]
Proximity to existing substation. Boundary line
of a parcel proposed for a solar energy farm must be within 1/2 mile
of an existing substation.
[ii]
Lot size. The property on which the solar energy
farm is placed shall be a minimum of 30 acres.
[iii]
Setbacks. Solar energy farms shall comply with
the setback requirements of the underlying zoning district for principal
structures, except those solar energy farms adjacent to properties
with existing housing or commercial structures shall sit 100 feet
from the front, side and rear property lines.
[iv]
Height. Solar energy farms shall comply with the
building height limitations for principal structures of the underlying
zoning district.
[v]
Lot coverage. The following components of a solar
energy farm shall be considered included in the calculations for lot
coverage requirements:
[A]
Foundation systems, typically consisting of but
not limited to driven piles or monopoles or helical screws with or
without small concrete collars.
[B]
All mechanical equipment of the solar energy farm,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[C]
Paved access roads servicing the solar energy farm.
[D]
Lot coverage of the solar energy farm, as defined
above, shall not exceed 50%.
[vi]
Underground requirements. All on-site utility
lines shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including, without limitation any poles, with new easements and right-of-way.
[vii]
Vehicular paths. Vehicular paths within the site
shall be designed to minimize the extent of impervious materials and
soil compaction.
[viii]
Signage. No signage or graphic content shall
be displayed on the solar energy farms except the manufacturer's name,
equipment specification information, safety information, and twenty-four-hour
emergency contact information. Said information shall be depicted
within an area no more than eight square feet.
[ix]
As required by National Electric Code (NEC), disconnect
and other emergency shutoff information shall be clearly displayed
on a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
[x]
Glare. All solar panels used in solar energy farms
shall have antireflective coating(s).
[xi]
Lighting. Lighting of the solar energy farms shall
be limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
[xii]
Fencing requirements. All mechanical equipment,
including any structure for storage batteries, shall be enclosed by
a grounded seven-foot-high fence, as required by NEC, with a self-locking
gate to prevent unauthorized access.
[xiii]
Screening and visibility. Solar energy farms
shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms,
landscaping, or other screening methods that will harmonize with the
character of the property and surrounding area.
[xiv]
Applicants seeking to install solar energy farms
shall be required to:
[A]
Conduct a visual assessment of the visual impacts
of the solar energy farm on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including for example a digital
viewshed report, shall be required to submitted by the applicant.
[B]
Submit a screening and landscaping plan to show
adequate measures to screen through landscaping, grading, fencing
or other means so that views of solar panels and solar energy equipment
shall be minimized as reasonably practical from public roadways and
adjacent properties to the extent feasible.
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The screening and landscaping plan shall specify the locations,
elevations, height, plant species, and/or materials that will comprise
the structures, landscaping, and/or grading used to screen and/or
mitigate any adverse aesthetic effects of the system. The landscaped
screening shall be comprised of a minimum of one evergreen tree, at
least six feet high at time of planting, plus two supplemental shrubs
at the reasonable discretion of the Planning Zoning Commission, all
planted within each 10 linear feet of the solar energy farm. Existing
vegetation may be used to satisfy all or a portion of the required
landscaped screening. The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screening and/or mitigate any adverse aesthetic effects of the
system, following the applicable rules and standards established by
the Town Landscape Guide.
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Tree cutting. No more than 30% of existing tree stands - measured
by lot coverage of tree stands - should be removed.
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Solar energy farm owners shall develop, implement, and maintain
native vegetation to the extent practicable pursuant to a vegetation
management plan by providing native perennial vegetation and foraging
habitat beneficial to game birds, songbirds, and pollinators. To the
extent practicable, when establishing perennial vegetation and beneficial
foraging habitat, the owners shall use native plant species and seed
mixes.
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[xv]
Agricultural resources. For projects located on
agricultural lands:
[A]
Any solar energy farm located on the areas that
consist of prime farmland or farmland of statewide importance shall
not exceed 50% lot coverage of the area of prime farmland or farmland
of statewide importance on the parcel.
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Any solar energy farm located on the areas that consist of prime
farmland or farmland of statewide importance shall not exceed 50%
of the entire lot; and/or
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Solar energy farms on prime farmland or farmland of statewide
importance shall be required to seed 20% of the total surface area
of all solar panels on the lot with native perennial vegetation designed
to attract pollinators.
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[B]
To the maximum extent practicable, solar energy
farms located on prime farmland shall be constructed in accordance
with the construction requirements of the New York State Department
of Agriculture and Markets.
[xvi]
Public benefit contribution (PBC) is required
at a one-time rate of $7,000 per acre of developed land to include
all structures, equipment and infrastructure for each application.
After one year if the project does not start, the applicant forfeits
the PBC as it becomes nonrefundable and nontransferable. A subsequent
applicant will be required to pay the PBC for proposed development
of the same parcel.
[xvii]
Ownership changes. If the owner or operator
of the solar energy farm changes or the owner of the property changes,
the special use permit shall remain in effect, provided that the successor
owner or operator assumes in writing all of the obligations of the
special use permit, site plan approval, and decommissioning plan.
A new owner or operator of the solar energy farm shall notify the
Zoning Enforcement Officer of such change in ownership or operator
within 30 days of the ownership change.
[xviii]
The applicant has one year from site plan approval
to complete work.
(7)
Decommissioning.
(a)
Solar energy farms that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in Subsection D(8)(b) herein.
(b)
A decommissioning plan (see Appendix)[3] signed by the owner and/or operator of the solar energy
farm shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy farm.
[2]
The time required to decommission and remove the
solar energy farm and ancillary structures.
[3]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy farm.
[4]
Statement of disposal location.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c)
The decommissioning plan shall be reviewed and approved by a
third-party design professional. Such review shall be paid through
an escrow account funded by money submitted to the Town from the applicant
based on the third party's estimate of review costs.
(8)
Security.
(a)
The deposit, executions, or filing with the Town Clerk of cash,
bond, letter of credit or other form of security reasonably acceptable
to the Town attorney, Comptroller and Town Board shall be in an amount
sufficient to ensure the good faith performance of the terms and conditions
of the permit issued pursuant hereto and to provide for the removal
and restorations of the site subsequent to removal. The amount of
the bond, security or letter of credit shall be 125% of the cost of
removal of the solar energy farm and restoration of the property with
an escalator of 2% annually for the life of the solar energy farm.
The decommissioning amount shall be reduced by the amount of the estimated
salvage value of the solar energy farm.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
(9)
Safety.
(a)
Solar energy farms and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(b)
Solar energy farms shall be maintained in good working order
and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the solar energy farm is located in an ambulance district,
the local ambulance corps.
(c)
If energy storage systems are included as part of the solar
energy farm, they shall meet the requirements of any applicable fire
prevention and building code when in use and, when no longer used,
shall be disposed of in accordance with the laws and regulations of
the Town and any applicable federal, state, or county laws or regulations.
(10)
Permit time frame and abandonment.
(a)
The Town Board zoning change and PZC site plan approval for
a solar energy farm shall be valid for a period of 12 months, provided
that a building permit is issued for construction. In the event construction
is not completed in accordance with the final site plan, as may have
been amended and approved, as required by the PZC, within 12 months
after approval, the applicant or the Town may extend the time to complete
construction for 180 days. If the owner and/or operator fails to perform
substantial construction after 12 months, the approvals shall expire.
(b)
Upon cessation of electricity generation of a solar energy farm
on a continuous basis for 12 months, the Town may notify and instruct
the owner and/or operator of the solar energy farm to implement the
decommissioning plan. The decommissioning plan must be completed within
360 days of notification.
(c)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy farm and
restoration of the site in accordance with the decommissioning plan.
(11)
Enforcement. Any violation of the requirements pertaining to
the Solar Energy Farm Overlay District shall be subject to the same
enforcement requirements, including the civil and criminal penalties,
provided for in the zoning or land use regulations of Town.
(12)
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any
court of competent jurisdiction to be unconstitutional, shall not
affect the validity or enforceability of any other section, subsection,
paragraph, sentence, clause, provision, or phrase, which shall remain
in full force and effect.
A.
Purpose. The purpose of the Freemans Bridge Road Corridor District
is as follows:
(1)
To provide a destination gateway to Glenville, consistent with
the Freemans Bridge Road Complete Streets Concept Plan, safely connecting
the riverfront to Thomas Corners and the Town Center while providing
accommodations for all users, including pedestrians, bicyclists, and
vehicles.
(2)
Economic development will be encouraged through mixed use, research
and technology, retail, and office development.
B.
Objectives. The following are objectives for the Freemans Bridge
Road Corridor District:
(1)
The size and scale of buildings in the Freemans Bridge Road
Corridor should be complementary to a pedestrian- and bicycle-friendly
environment.
(2)
The architectural character of new and renovated buildings should
be harmonious with the surrounding area.
(3)
Improve pedestrian and bicycling infrastructure and conditions
along the Corridor. Amenities shall be provided to promote pedestrian
and bicycling usage.
(4)
Improve safety, better manage congestion, and implement access
management along the Corridor.
(5)
Increase the potential for transit service to destinations along
the Corridor.
(6)
Incorporate green infrastructure and sustainability into future
development along the Corridor.
(7)
Provide streetscape amenities that give Freemans Bridge Road
an identity.
(8)
Accommodate retail development, research and development, medical
and office uses and foster economic development.
C.
Uses permitted by site plan review.
(1)
Offices and professional offices.
(2)
Bed-and-breakfast establishments.
(3)
Hotels and motels.
(4)
Microbreweries, microwineries, and microdistilleries.
(5)
Sidepaths and bike paths.
(6)
Roadside produce stands.
(7)
Restaurants, food services, taverns, and nightclubs.
(8)
Restaurants.
[Amended 9-6-2023 by L.L. No. 4-2023]
(9)
Retail businesses.
(10)
Medical offices.
(11)
Personal wireless service facilities.
(12)
Personal and general services.
(13)
Indoor, outdoor, and not-for-profit recreation facilities.
(14)
Shopping centers.
(16)
Publicly owned parks, recreation areas, and open spaces.
D.
Uses permitted by conditional use permit which also require site
plan review.
[Amended 11-16-2022 by L.L. No. 8-2022]
E.
F.
(Reserved)
G.
Off-street parking. The off-street parking requirements outlined
in Schedule A[2] of this chapter apply to all land uses within the Freemans
Bridge Road Corridor District.
(1)
Off-street parking is preferred to be located to the side and
rear of the principal building and/or to the rear of the lot.
(2)
Access management. Off-street parking should be designed to
minimize traffic conflicts and utilize combined access drives where
feasible. Off-street parking areas shall be interconnected by access
driveways for commercial and mixed-use developments and may be connected
between residential and commercial uses.
(4)
Commercial developments shall supply bicycle racks at a rate
of one bicycle parking stall per 15 parking spaces. Racks can consist
of any size as long as they meet the total number of stalls required.
(5)
Landscaping shall be used on the perimeter of all parking lots
with 10 or more spaces in an effort to soften the visual impact of
parking lots from the street and neighboring land uses, particularly
from residential uses. Interior landscaped parking islands and peninsulas
are allowed, but, where they are used, the preferred layout is that
of larger islands and peninsulas instead of numerous small islands.
Each development site and parking lot is unique, with proposed landscaping
to be evaluated and determined by the Planning and Zoning Commission
on a case-by-case basis.
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
H.
Pedestrian and bicycle accommodations and streetscape amenities.
(1)
Purpose. The purpose of these standards is to promote the pedestrian
environment along the Freemans Bridge Road Corridor through the provision
of appropriate amenities.
(2)
Applicability. The standards in this section are applicable to all actions proposed within the Freemans Bridge Road Corridor District that are subject to site plan review as specified in Article XVI. In addition to the materials regularly submitted for site plan review, the items discussed in Subsection H(3) below shall also be addressed.
(3)
The following criteria shall be utilized for site designs.
(a)
Sidewalks and sidepaths. Sidewalks and/or sidepaths are to be
constructed and located pursuant to the Freemans Bridge Road Complete
Streets Concept Plan. Wayfinding and directional signage should be
provided.
[1]
A minimum of six feet in width shall be provided
for sidewalks and 10 feet in width for sidepaths. Placement of such
facilities shall be consistent with the Freemans Bridge Road Complete
Streets Concept Plan.
[2]
Sidewalks and crosswalks shall be distinguished
from vehicular surfaces using durable, low-maintenance surface materials
such as pavers, bricks, stamped concrete, or scored concrete to enhance
pedestrian safety and the area's identity.
[3]
A minimum of four feet for a grass strip shall
be provided between the sidewalk/sidepath and the street edge.
[4]
Sidewalks shall be installed and connect to building
entrances from parking areas, outdoor dining, transit stops/shelters
and other destinations that generate pedestrian traffic.
[5]
Sidewalks shall connect to existing sidewalks on
adjacent properties, and the sidewalk pattern shall continue across
all driveways and come up to the sidewalk.
I.
Green infrastructure best management practices. Where practical,
stormwater management facilities should utilize green infrastructure
best management practices (BMPs) to reduce impervious surfaces in
the site design using on-site infiltration practices, including rain
gardens, vegetated swales, filter strips, stormwater planters, permeable
pavement, and porous pavement. Further details about site infiltration
practices can be found in the Capital District Regional Planning Commission
Green Infrastructure Toolkit found at cdrpc.org.
J.
Additional design guidelines and standards. Design guidelines and standards shall comply with Article XVIII, Commercial Development Design Guidelines, of this chapter.
L.
Sunset provision. With respect to the exclusion of laundromats as
a permitted use, the Code shall be stayed until January 1, 2021, subject
to the following limitations:
