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.
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.
[Amended 4-5-2006 by L.L. No. 3-2006; 1-22-2014 by L.L. No.
1-2014; 10-1-2014 by L.L. No. 7-2014; 8-19-2020 by L.L. No. 9-2020]
A.
Original
legislation.
(1)
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.
(2)
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.
(3)
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).
(4)
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.
(5)
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%.
(6)
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.
(7)
Materials
to be submitted:
(a)
Completed site plan review for personal wireless service facilities
application form.
(b)
Full environmental assessment form.
(c)
Visual environmental assessment form.
(d)
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.
(e)
Grading plans for new structures and roads.
(f)
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.
(g)
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.
(h)
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 A(15) and (16) of this section].
(i)
A Zone of Visibility Map to determine from where the tower may be
seen.
(j)
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.
(k)
Assessment of alternative facility designs and color schemes [see Subsection A(14) of this section).
(l)
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 A(17) of this section].
(8)
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.
(a)
Lot size of parcels containing a facility will be determined by the
amount of land required to meet the setback requirements.
(b)
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.
(c)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
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.
(14)
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:
(a)
Any new tower shall be designed to accommodate future shared use
by other personal wireless service providers.
(b)
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.
(c)
The maximum height of any new tower shall not exceed that which shall
permit operation without artificial lighting of any kind or nature.
(d)
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.
(e)
Accessory structures must be comprised of materials, colors and textures
designed to blend with the natural surroundings.
(f)
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.
(15)
Shared use of existing tall structures or existing or approved personal
wireless service towers.
(a)
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.
(b)
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.
(16)
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.
(17)
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:
(a)
Respond in a timely, comprehensive manner to a request for information
from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared use
of the new tower, by other personal wireless service providers.
(c)
Allow shared use of the new tower if another personal wireless service
provider agrees in writing to pay charges.
(d)
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.
(18)
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.
(19)
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:
(a)
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.
(b)
Documentation of this notification must be submitted to the Planning
and Zoning Commission at the time of application.
B.
2020 legislation.
(1)
Purpose.
(a)
While the existing wireless infrastructure in the U.S. was erected
primarily using macro cells with relatively large antennas and towers,
wireless networks increasingly have required the deployment of small-cell
systems to support increased usage and capacity. In response to this
demand, the Federal Communications Commission (FCC) has issued a Declaratory
Ruling and Third Report and Order addressing the extent to which state
and local municipalities can regulate the deployment of small-cell
systems in public rights-of-way. The Order permits local municipalities
to adopt aesthetic guidelines to ensure that the design, appearance,
and other features of buildings and structures are:
(b)
The purpose of this section is to establish uniform policies and
procedures for the deployment and installation of small-cell wireless
telecommunication facilities (small-cell facility) in the Town of
Glenville, which will provide a public health, safety, and welfare
benefit consistent with the preservation of the integrity, safe usage,
and visual qualities in the Town. Any installation of a small-cell
facility shall require a building permit from the Town after being
reviewed and approved by the Town of Glenville Planning Zoning Commission.
(2)
ACCESSORY EQUIPMENT
ANTENNA
CO-LOCATION
COMMUNICATIONS FACILITY
COMMUNICATIONS SERVICE PROVIDER
COMMUNICATIONS SERVICE PROVIDER
DECORATIVE POLE
DISTRIBUTED ANTENNA SYSTEM (DAS)
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
ORDINARY MAINTENANCE AND REPAIR
POLE
POLE EXTENDER
PUBLIC RIGHT-OF-WAY (ROW)
PUBLIC UTILITY EASEMENT
REPLACE or REPLACEMENT
SMALL-CELL WIRELESS TELECOMMUNICATIONS FACILITY or SMALL-CELL
FACILITY
(a)
[1]
[2]
[3]
(b)
(c)
(d)
(e)
SUPPORT STRUCTURE
TOWER
UTILITY POLE
WIRELESS TELECOMMUNICATIONS PROVIDER
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
Definitions.
As used in this section, the following terms shall mean and include:
Any equipment servicing or being used in conjunction with
a wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds.
A system of electrical conducts that transmits or receives
electromagnetic waves or radio frequencies signals. Such waves shall
include, but not be limited to, radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
The installation or mounting of a small wireless facility
in the public right-of-way on an existing support structure, an existing
tower, or an existing pole to which a small wireless facility is attached
at the time of the application.
Cable service, as defined in 47 U.S.C. § 522(6);
information service or broadband, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services and includes a cable
operator, as defined in 47 U.S.C. § 522(5).
A pole that is specially designed and placed for aesthetic
purposes.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless service
within a geographic area or structure.
Eligible facility request as set forth in 47 CFR 1.40001(b)(3),
or as amended.
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Town of Glenville.
Inspections, testing and/or repair of existing communications
facilities that maintain functional capacity, aesthetics and structural
integrity of a communications facility and/or the associated support
structure, pole or tower, that does not require blocking, damaging
or disturbing any portion of the pubic right-of-way.
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole made of wood, concrete, metal or other material,
located or to be located within the public right-of-way. A pole does
not include a tower or support structure.
An object affixed between a pole and an antenna for the purpose
of increasing the height of the antenna above a pole.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, and for purposes of this section shall include
public utility easements, but only to the extent the Town has to permit
use of the area or public utility easement for communications facilities
or poles, towers and support structures that support communications
facilities. The term does not include a federal interstate highway
or other areas that are not within the legal jurisdiction, ownership
or control of the Town.
Unless otherwise specified or restricted by the terms of
the easement, the area on, below, or above a property in which the
property owner has dedicated an easement for use by utilities. Public
utility easement does not include an easement dedicated solely for
Town use, or where the proposed use by the provider is inconsistent
with the terms of any easement granted to the Town.
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this section and any other applicable Town
code regulations, in order to address limitations of the existing
structure to structurally support co-location of a communications
facility.
A facility which meets the following conditions:
The facility:
Is mounted on structures 50 feet or less in height including
its antennas as defined in 47 CFR 1.1320(d); or
Is mounted on structures no more than 10% higher than other
adjacent structures; or
Does not extend an existing structure on which it is located
to a height of more than 50 feet or 10%, whichever is greater;
Each antenna, excluding associated antenna equipment, is no
more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume;
The facility does not require antenna structure registration
under 47 CFR Part 17 or similar applicable regulations;
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b) or similar applicable regulations; and
A structure in the public right-of-way other than a pole
or a tower to which a wireless facility is attached at the time of
the application.
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
A pole or similar structure that is used, in whole or in
part, for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Town-owned poles. Such term shall not include
structures supporting only wireless telecommunication service facilities.
A wireless telecommunications infrastructure provider or
a wireless telecommunications services provider.
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small-cell telecommunications
facilities on utility poles in the public right-of-way or property
of the Town of Glenville or of another municipal corporation with
the Town of Glenville and similar structures that employ camouflage
technology, including, but not limited to, structures such as a multistory
building, church steeple, silo, water tower, sign or other similar
structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It is a structure intended for
transmitting and/or receiving radio, television, cellular, personal
telecommunications services, commercial satellite services or microwave
telecommunications, but excluding those used exclusively for dispatch
telecommunications, or exclusively to private radio and television
reception and private citizens' bands, amateur bands, amateur radio
and other similar telecommunications.
(3)
Site
plan review.
(a)
No small-cell wireless facility shall be used, erected, moved, reconstructed, changed or altered except after approval of a site plan by the Planning Zoning Commission in accordance with Chapter 270, Zoning. No existing structure shall be modified to serve as a small-cell wireless facility unless in conformity with this section.
(4)
Application
requirements.
(a)
The applicant's name, address, telephone number and e-mail address,
including emergency contact information for the applicant.
(b)
The names, addresses, telephone number, and e-mail addresses of all
consultants, if any, acting on behalf of the applicant with respect
to the filling of the application.
(c)
A description of the proposed work and the purposes and intent of
the proposed facility sufficient to demonstrate compliance with the
provisions of this section. The applicant shall state whether the
applicant believes the proposed work is subject to administrative
review or discretionary review and if the permit is an eligible facilities
request.
(d)
If applicable, a copy of the authorization for use of the property
from the pole, tower or support structure owner on or in which the
communications facility will be placed or attached.
(e)
Detailed construction drawings regarding the proposed communication
facility.
(f)
To the extent the proposed facility involves co-location on a pole,
tower or support structure, a structural report performed by a duly
licensed engineer evidencing that the pole, tower or support structure
will structurally support the co-location (or that the pole, tower
or support structure will be modified to meet structural requirements)
in accordance with the New York State Building Code.
(g)
For any new aboveground facilities or structures, accurate visual
depictions or representations, if not included in the construction
drawings.
(h)
If new construction, a plan that would show how co-locations on the
new pole, tower or support structure would be possible for other providers
who may wish to deploy small-cell technology in the geographic area
of the subject application.
(i)
Submission of an environment assessment form.
(5)
Ordinary
maintenance and repair.
(a)
A permit shall not be required for ordinary maintenance and repair.
The provider or other person performing the ordinary maintenance and
repair shall obtain any other permits required by applicable law and
shall notify the Town in writing at least 48 hours before performing
the ordinary maintenance and repair.
(6)
Location
of small-cell facility approved by the Planning Zoning Commission.
(a)
The following locational priorities shall apply in the order specified,
consistent with the Town's obligation to create the least amount of
adverse aesthetic impact and to preserve the scenic values of the
Town:
[1]
Existing Town-owned structures or facilities.
[2]
On, in, or adjacent to existing electrical power line transmission
towers or power poles in the municipal right-of-way. If public utilities
are currently located along rear property lines, then a small-cell
wireless facility shall be located within the same rear right-of-way
as those utilities as opposed to the front yard right-of-way.
[3]
On or adjacent to existing structures or facilities within the Town
such as existing water towers, church steeples, silos, etc.
[4]
On or in a proposed new structure if the requirements below have
been met by the applicant.
(b)
If the proposed site is not the highest priority listed above, then
a detailed explanation must be provided as to why a site of higher
priority was not selected. The person seeking such an exemption must
satisfactorily demonstrate the reason or reasons why such a permit
should be granted for the proposed site and the hardship that would
be incurred by the applicant if the permit were not granted for the
proposed use.
(c)
Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, the Planning Zoning
Commission may, if otherwise permitted by law, disapprove an application
for any of the following reasons:
[1]
Conflicts with safety and safety-related codes and requirements;
[2]
Interferes with line of sight for pedestrian and vehicular traffic;
[3]
Conflicts with the historic nature or character of a neighborhood
or historical district;
[4]
The placement and location of a facility would create an unacceptable
risk, or the reasonable probability of such, to residents, the public,
employees and agents of the Town, or employees of the service provider
or other service providers;
[5]
Conflicts with the provisions of this section;
[6]
Conflicts with the nature and character of the neighborhood.
(d)
Small-cell wireless facility attached to light poles and nonwooden
poles. A small-cell wireless facility attached to existing or replacement
nonwooden light poles and other nonwooden poles in the right-of-way
or nonwooden poles outside of the right-of-way shall conform to the
following design criteria:
[1]
Antennas and the associated equipment enclosures (including disconnect
switches and other appurtenant devices) shall be fully concealed within
the pole, unless such concealment is technically infeasible, or is
incompatible with the pole design, in which case the antennas and
associated equipment enclosures shall be camouflaged to appear as
an integral part of the pole or flush-mounted to the pole, meaning
no more than six inches off of the pole, and shall be the minimum
size necessary for the intended purpose, not to exceed the volumetric
dimensions of a small-cell wireless facility. If the equipment cannot
be concealed within the pole and requires an enclosure, the enclosure
should be detached and located behind the pole or underground, provided
that such location does not interfere with roads and sidewalks, underground
infrastructure, or traffic line of sight or is otherwise determined
by the Zoning Board to negatively affect the aesthetics of the premises
or adjacent properties.
[2]
The furthest point of any antenna may not extend more than 12 inches
from the face of the pole.
[3]
All conduit, cables, wires and fiber shall be routed internally in
the pole. Full concealment of all conduit, cables, wires and fiber
is required within mounting brackets, shrouds, canisters or sleeves
if attaching to exterior antennas or equipment.
[4]
An antenna on top of an existing pole may not extend more than six
feet above the height of the existing pole and the diameter may not
exceed 16 inches, measured at the top of the pole, unless the applicant
can demonstrate that more space is needed. The antennas shall be integrated
into the pole design so that it appears as a continuation of the original
pole, including colored or painted to match the pole, and shall be
shrouded or screened to blend with the pole except for canister antennas
which shall not require screening. All cabling and mounting hardware/brackets
from the bottom of the antenna to the top of the pole shall be fully
concealed and integrated with the pole.
[5]
Any replacement pole shall substantially conform to the design of
the pole it is replacing or the neighboring pole design standards
utilized within the contiguous right-of-way.
[6]
Additional height of any replacement pole shall be the minimum additional
height necessary but shall not exceed 10 feet above the pole it replaces;
provided that the height of the replacement pole cannot be extended
further by additional antenna height.
[7]
The diameter of a replacement pole shall comply with all standards
required by the authority having jurisdiction for sidewalk clearance
requirements and shall, to the extent technically feasible, not be
more than a 25% increase of the existing nonwooden pole measured at
the base of the pole, unless additional diameter is needed in order
to conceal equipment within the base of the pole, and shall comply
with the requirements in this section.
(e)
Small-cell wireless facility attached to wooden poles. A small-cell
wireless facility located on a wooden pole shall conform to the following
design criteria:
[1]
The wooden pole at the proposed location may be replaced with a taller
pole for the purpose of accommodating a small-cell wireless facility;
provided that the replacement pole shall not exceed a height that
is a maximum of 10 feet taller than the existing pole, unless a further
height increase is required and confirmed in writing by the pole owner
and that such height extension is the minimum extension possible to
provide sufficient separation and/or clearance from electrical and
wire line facilities.
[2]
A pole extender may be used instead of replacing an existing pole
but the overall height of the extender and all equipment may not increase
the height of the existing pole by more than 10 feet, unless a further
height increase is required and confirmed in writing by the pole owner
and that such height increase is the minimum extension possible to
provide sufficient separation and/or clearance from electrical and
wire line facilities. The pole extender shall be painted to approximately
match the color of the pole and shall substantially match the diameter
of the pole measured at the top of the pole
[3]
Replacement wooden poles shall either match the approximate color
and materials of the replaced pole or shall be the standard new wooden
pole used by the primary pole owner in the Town.
[4]
All ancillary equipment, boxes, and conduit shall be colored or painted
to match the approximate color of the surface of the wooden pole on
which they are attached and appear as an integral part of the pole
or flush-mounted to the pole, and shall be the minimum size necessary
for the intended purpose, not to exceed the volumetric dimensions
of a small-cell wireless facility. All ancillary equipment and boxes
that cannot be mounted to the pole and require an enclosure shall
be located in an enclosure that is detached and located behind the
pole or underground, provided that such location does not interfere
with roads and sidewalks, underground infrastructure, or traffic line
of sight or is otherwise determined by the Zoning Board to negatively
affect the aesthetics of the premises or adjacent properties.
[5]
All small-cell wireless facility antennas on wooden poles should
be of a top-mount canister or omnidirectional type when feasible to
appear as an integral part of the pole. The antenna shall not exceed
16 inches wide, measured at the top of the pole, and shall be colored
or painted to match the pole. The canister antenna shall be placed
to look as if it is an extension of the pole.
[6]
Antennas should be placed in an effort to minimize visual clutter
and obtrusiveness. Multiple antennas are not permitted on a single
wooden pole and shall not be more than three cubic feet in volume
and shall not exceed the height limitation.
[7]
An applicant who desires to enclose both its antennas and equipment
within one unified enclosure may do so, provided that such enclosure
is the minimum size necessary for its intended purpose and the enclosure
and all other wireless equipment associated with the pole, including
wireless equipment associated with the antenna and any preexisting
associated equipment on the pole does not exceed 28 cubic feet. The
unified enclosure shall be placed so as to appear as an integrated
part of the pole.
[8]
All cables shall be concealed either within the canister antenna
or within a sleeve between the antenna and the wooden pole.
[9]
An omnidirectional antenna may be mounted on the top of an existing
wooden pole, provided such antenna is no more than four feet in height
and is mounted directly on the top of a pole or attached to an extender
made to look like the exterior of the pole at the top of the pole.
All cables shall be concealed within the sleeve between the bottom
of the antenna and the mounting bracket.
[10]
The visual effect of the small-cell wireless facility on all other
aspects of the appearance of the wooden pole shall be minimized to
the greatest extent possible.
(f)
New poles in the right-of-way for small-cell wireless facility.
[1]
New poles within the right-of-way are only permitted if the applicant
can establish that:
[a]
The small-cell wireless facility cannot be located on an existing
utility or light pole, electrical transmission tower, or on a site
outside of the public right-of-way such as a public park, public property,
transmission tower, or water tower;
[b]
The small-cell wireless facility receives approval for a concealment
element design;
[c]
No new poles shall be located in a protected watercourse area
or setback from the angle of repose; and
[d]
The applicant signs a lease agreement listing terms of access,
maintenance, future upgrades. indemnification and fees.
[2]
The concealment element design shall include the design of the screening,
fencing or other concealment technology for a tower, pole, or equipment
structure, and all related transmission equipment or facilities associated
with the proposed small-cell wireless facility, including but not
limited to fiber and power connections.
[3]
The concealment element design should seek to minimize the visual
obtrusiveness of the small-cell wireless facility. The proposed pole
or structure should have similar designs to existing neighboring poles
in the right-of-way, including similar height to the extent technically
feasible.
(7)
Duration.
Any permit for construction issued under this section shall be valid
for a period of 90 days after issuance and can be extended for an
additional 90 days upon written request of the applicant, at the sole
consent of the Town.
(8)
Small-cell
facility permit fees. A fee schedule shall be established by resolution
of the Town Board. Such fee schedule may thereafter be amended from
time to time by like resolution. The fees set forth in, or determined
in accordance with, such fee schedule or amended fee schedule shall
be charged and collected for the submission of applications, the issuance
of building permits, amended building permits, renewed building permits,
right-of-way agreement fee, right-of-way use fee, attachment fees,
and other actions of the Building Inspector described in or contemplated
by this section.
(9)
Planning
Zoning Commission requirements as to aesthetics and neighborhood impact
mitigation for small-cell permits.
(a)
In order to preserve the character and integrity of Town neighborhoods,
the Town finds that the following requirements are essential to protect
the public health, safety and welfare, and scenic preservation.
[1]
New small-cell facilities shall include concealment element designs,
unless the Planning Zoning Commission makes a written determination
that such designs are not feasible.
[2]
The Planning Zoning Commission may consider alternative locations
for equipment, whether pole-mounted or ground-mounted.
[3]
All small cells placed on any roof shall be set back at least 15
feet from the edge of the roof along any street frontage, unless the
Planning Zoning Commission makes a written determination waiving the
setback requirement.
[4]
Any lighting constructed as part of the installation shall be in
conformance with all applicable regulations of the Town of Glenville
Code.
[5]
Antennas, ancillary equipment, and cable shall not dominate the structure
or pole upon which they are attached.
[6]
A small-cell wireless facility is not permitted on traffic signal
poles unless denial of the siting could prohibit or effectively prohibit
the applicant's ability to provide telecommunications service in violation
of 47 U.S.C. §§ 253 and 332.
[7]
The Town may consider the cumulative visual effects of small-cell
wireless facilities mounted on poles within the right-of-way when
assessing proposed siting locations so as to not adversely affect
the visual character of the Town. The Zoning Board may require a visual
assessment, use of photo simulations, or other visual analysis tools
to aid in its consideration. This provision shall not be applied to
limit the number of permits issued when no alternative sites are reasonably
available or to impose a technological requirement on the applicant.
[8]
Generators located in the rights-of-way are prohibited.
[9]
No equipment shall be operated so as to produce noise that is considered
a nuisance.
[10]
Except within the public right-of-way, all proposed poles, pole equipment
and enclosures shall comply with the designated setback requirement.
[11]
Up to two small cells will be allowed per utility pole if technically
feasible and if in the determination of the Planning Zoning Commission
there are no safety or aesthetic concerns. Small cells must be designed
and placed in an aesthetically pleasing manner to the reasonable satisfaction
of the approving agency.
[12]
In the event that installation of a proposed small-cell wireless
facility requires disturbance to surrounding land, the applicant shall
be responsible for restoring the site to its original condition.
[13]
No small cell facilities shall obstruct pedestrian or vehicular vehicle
traffic in any way.
[14]
In no event shall any utility pole or wireless telecommunications
support structure, installed in the public right-of-way, exceed 30
feet in height, unless permit approval is obtained from the Planning
Zoning Commission. A shorter pole may be required if the initial proposal
is deemed out of character with the neighborhood as determined by
the Planning Zoning Commission.
[15]
Each new small-cell facility, including antennas or other associated
equipment, installed in the public right-of-way shall not exceed more
than 10 feet above the existing utility pole or wireless telecommunications
support structure on which it is being located, unless permit approval
is obtained from the Planning Zoning Commission.
(b)
The Secretary of the Planning Zoning Commission shall transmit a
copy of the Planning Zoning Commission decision to the Town Tax Assessor
to better assess the utility infrastructure for wireless telephone
facilities.
(10)
Information updates.
(a)
Any amendment to information contained in a small cell building/work
permit application shall be submitted, in writing, to the Town within
30 days after the change necessitating the amendment. On an annual
basis, the wireless telecommunications provider shall provide a list
of existing small-cell locations within the Town.
(11)
Removal, relocation or modification of small-cell facility in the
public right-of-way.
(a)
Notice. Within 90 days following written notice from the Town, the
wireless provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any small facilities within the public right-of-way whenever the
Town has determined that such removal, relocation, change or alteration
is necessary for the construction, repair, maintenance, or installation
of any Town improvement in or upon, or the operations of the Town
in or upon, the public right-of-way.
(b)
The Town retains the right and privilege to cut or move any communications
facility, pole, support structure or tower located within the public
right-of-way of the Town, as the Town may determine, in its sole discretion,
to be necessary, appropriate or useful in response to any public emergency.
If circumstances permit, the Town shall notify the provider and give
the provider an opportunity to move its own facilities prior to cutting
or removing the communications facility, pole, support structure or
tower. In all cases, the Town shall notify the provider after cutting
or removing the communications facility, pole, support structure or
tower as promptly as reasonably possible.
(c)
Abandonment of facilities. Upon abandonment of a small facility within
the public right-of-way of the Town, the wireless provider shall notify
the Town at the time the decisions are made; however, in no case shall
such notification be made later than 30 days prior to abandonment.
Following receipt of such notice, the Town may direct the wireless
provider to remove all or any portion of the small-cell facility if
the Town, or any of its departments, determines that such removal
will be in the best interest of the public health, safety and welfare.
The provider shall remain solely responsible and liable for all of
its communications facilities, poles, support structures and towers
until they are removed from the public right-of-way unless the Town
agrees in writing to take ownership of the abandoned communications
facility, poles, support structures or towers. Upon the issuance of
a permit, the provider shall provide a removal bond in the amount
estimated for the removal of all of the communications facilities
that are the subject of an application, such estimated amount to be
determined by the Building Inspector, after consultation with the
Town Board
(d)
If the provider fails to timely protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter any of its
communications facilities, poles, support structures or towers or
remove any of its abandoned communications facilities, poles, support
structures or towers as required in this subsection, the Town or its
contractor may do so and the provider shall pay all costs and expenses
related to such work, including any delay damages or other damages
the Town incurs arising from the delay.
(e)
As-builts and maps showing the location of equipment in the right-of-way
and as-builts after construction shall be provided to the Town, within
30 days after completion of construction, in conformance to the requirements
of the Building Inspector.
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:
(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:
[Amended 7-15-2020 by L.L. No. 7-2020]
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)
A grading
and land disturbance permit shall be required for:
(a)
All land alterations, including grading, cutting, filling, removal
of trees or removal of any vegetation that is within 100 feet of a
stream, surface water or wetland;
(b)
All land alterations, including grading, cutting, filling, removal
of trees or removal of any vegetation on a slope of 15° or more;
or
(c)
Excavation or filling in excess of 30 cubic yards at any one time
on a parcel.
(2)
These
provisions are applicable, regardless of whether or not planning or
zoning approval is required, or a building permit is necessary.
(3)
Any
permit issued pursuant to this article shall expire one year of the
date of issuance unless renewed.
(4)
Where the activity subject to this chapter also requires a building permit, the Building Inspector shall not issue a building permit until the building permit application has been reviewed and approved for conformance with this section and Article XI of Chapter 270 of the Code of the Town of Glenville.
C.
Exemptions.
The following activities are exempt from the provisions herein:
D.
An application
for a grading and land disturbance permit shall be made to the Building
Inspector and shall include the following information:
(1)
If
the applicant is different from the owner of the property, a completed
application form signed by the applicant and the owner and including
a notarized statement signed by the owner authorizing the applicant
to act as the owner's agent and binding the owner to the terms of
this section and any permit issued hereunder.
(2)
A site
plan for the proposed activity, drawn at a scale as determined by
the Building Inspector that adequately depicts the area of proposed
improvements and/or disturbance using as a base map a current boundary
and topographic survey of the property depicting all existing improvements
and prepared by a New York State-licensed land surveyor. The proposed
plan shall depict all proposed improvements to the property and shall
be prepared and certified by a professional engineer, a landscape
architect, or an architect licensed by the State of New York, showing:
(a)
The location of the proposed area of disturbance and its relationship
to property lines, easements, buildings, roads, walls, and wetlands,
if any within fifty feet of the boundaries of said area;
(b)
Existing topography of the proposed area of disturbance at a contour
interval of not more than two feet. Contours shall be shown for a
distance of fifty feet beyond the limits of the proposed area of disturbance,
or greater than fifty feet if determined necessary by the Building
Inspector in order to fully evaluate the application;
(c)
Proposed final contours at a maximum contour interval of two feet,
locations of proposed structures, underground improvements, proposed
surface materials or treatment, and dimensional details of proposed
erosion and sediment facilities, as well as calculations used in the
siting and sizing of sediment basins, swales, grassed waterways, diversions
and other similar structures;
(d)
The amount of fill to be added, moved, replaced or excavated;
(e)
A work schedule indicating the start date, anticipated number of
working days required and the overall duration of the project.
(3)
A soil
erosion and sedimentation control plan designed utilizing the standards
and specifications contained in the most recent version of the New
York State Standards and Specifications for Erosion and Sediment Control.
The design, testing, installation, maintenance and removal of erosion
control measures shall adhere to these standards and any conditions
of this chapter and the erosion control permit.
(4)
Any
special reports deemed necessary by the Building Inspector to evaluate
the application, including but not limited to detailed soils, geologic
or hydrologic studies.
(5)
Copies
of all applications, permits and approvals required by any other local,
state or federal agency associated with the construction and site
work/ disturbance proposed by the applicant.
(6)
An
application fee in an amount as shall be established by the Town Board.
E.
Review
of a grading and land disturbance permit application.
(1)
The
Building Inspector shall:
(a)
Review each complete application and approve, approve with conditions
or deny applications in accordance with this section.
(b)
Require the applicant and the applicant's contractor (if any) to
execute a notarized statement binding the contractor to the terms
of this section and any permit issued hereunder.
F.
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 or change the direction and/or quantity
of water flow within any established drainage channel, or that would
change the direction and/or quantity of water flow across neighboring
properties.
(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)
The
proposed activity will preserve and protect existing watercourses,
floodplains and wetlands.
(10)
The proposed activity will not result in creep or sudden slope failure.
(11)
The fill used shall be clean, consisting of topsoil, sand, gravel
or stones, and shall be substantially free of degradable or vegetative
material. The fill used shall not contain household appliances or
motor vehicles, or parts thereof, or construction or demolition debris.
(12)
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.
G.
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 G(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.
H.
Inspection
of work; issuance of certificate.
(1)
Inspections.
Work for which a grading permit has been issued shall be subject to
inspections by the Building Inspector at appropriate stages of the
project. Work shall be inspected prior to covering any portion thereof
and upon completion of each stage of the project, including, but not
limited to, site preparation, excavation and regrading. It shall be
the responsibility of the owner, permit holder, or his agent to inform
the Building Inspector that the work is ready for inspection and to
schedule inspections in a timely manner.
I.
Enforcement
and penalties for offenses.
(1)
Notice
of violation. The operator and all contractors and subcontractors
must comply with all conditions of the grading and land disturbance
permit submitted pursuant to this section. In the event that the Town
determines that a land alteration activity is not being carried out
in accordance with the requirements of this section, the Building
Inspector may issue a written notice of violation to the operator/landowner,
applicant and all contractors/subcontractors subject to the provisions
of this section. The notice of violation shall contain:
(a)
The name and address of the operator/landowner, developer, or applicant.
(b)
The address of the site or a description of the building, structure
or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
A description of the remedial measures necessary to bring the land
alteration activity into compliance with this article and a time schedule
for the completion of such remedial action.
(e)
A statement of the penalty or penalties that can be assessed against
the person to whom the notice of violation is directed.
(2)
Within
15 days of notification of violation (or as otherwise provided by
the Town), the violator shall take the remedial measures necessary
to bring the land alteration activity into compliance with this article.
(3)
Stop-work
order. The Building Inspector may issue a stop-work order for violation
of this section. Persons receiving a stop-work order shall be required
to halt all land alteration activities, except those activities that
address the violation(s) identified in the stop-work order. The stop-work
order shall be in effect until the Town confirms that the land alteration
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, and/or monetary penalties in accordance
with this section.
(4)
Revocation
or suspension of building permits. If the Building Inspector determines
that a grading and land disturbance permit was issued in error because
of incorrect, inaccurate or incomplete information, or that the work
for which a building permit was issued violates this section, the
Building Inspector shall revoke the grading and land disturbance permit
or suspend the grading and land disturbance permit until such time
as the permit holder demonstrates that all work then completed is
in compliance with this section.
(5)
Penalties
for offenses. Any person violating any of the provisions of this section
shall be deemed guilty of a violation, and each day during which any
violation of any of the provisions of this article is committed, continued,
or permitted shall constitute a separate offense. Upon conviction
of any such violation, such person, partnership, or corporation shall
be punished by a fine of not more than $250 for each offense. In addition
to any other penalty authorized by this section, any person, partnership,
or corporation convicted of violating any of the provisions of this
article shall be required to bear the expense of such restoration
of the disturbed site resulting in said violation.
The following apply to ponds:
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.
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]
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.
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.
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(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.
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.
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]
The following apply to junkyards:
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.
[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.
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.
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.
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).
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.
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, other fowl, turkeys, goats, minks, and other animals that
are traditionally kept for monetary gain.
[Amended 11-16-2022 by L.L. No. 8-2022]
(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.
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.
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.
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.
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.
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.
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.
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.
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).
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%.
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.
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.
[Added 9-6-2023 by L.L. No. 4-2023]
The following apply to hotels, motels, bed-and-breakfast establishments,
tourist homes, and boardinghouses:
A.
Occupancy limits.
(1)
Occupancy of any hotel, motel, bed-and-breakfast establishment,
tourist home, or boardinghouse by any individual shall be limited
to no more than 28 consecutive days.
(2)
Occupancy of any hotel, motel, bed-and-breakfast establishment,
tourist home, or boardinghouse by any individual shall be limited
to no more than 60 days in any 180-day period.
(3)
Reregistering any guest, or any person sharing or staying in
the same room as a guest, in the same or a different room in the same
hotel, motel, bed-and-breakfast establishment, tourist home, or boardinghouse,
or in a hotel, motel, bed-and-breakfast establishment, tourist home,
or boardinghouse owned and operated by the same entity, or an entity
with any of the same owners having an interest of 5% or more, shall
be considered a single occupancy for the purpose of these time limits.
(4)
The occupancy limitations set forth in § 270-65.1A(1) shall not apply if an individual provides government-issued photo identification that shows that the individual has a permanent place of residence other than the hotel, motel, bed-and-breakfast establishment, tourist home, or boardinghouse at which the individual is registering. The owner or operator of any hotel, motel, bed-and-breakfast establishment, tourist home, or boardinghouse shall photocopy the government-issued photo identification and shall keep such record for a minimum of one year. This record must be available for inspection by the members of the Town of Glenville Police Department, Building Inspector, and/or Building Department, or any of them or their designees, who shall have the authority to inspect the records from time to time without prior notice.
(5)
No person or entity owning, leasing, operating or managing any
hotel, motel, bed-and-breakfast establishment, tourist home, or boardinghouse
shall charge or accept money or other consideration by an hourly rate
or any increment less than one full day's room rental.
(6)
In extraordinary circumstances, a person or entity owning, leasing,
operating or managing any hotel, motel, bed-and-breakfast establishment,
tourist home, or boardinghouse, together with the occupant at issue,
may apply to the Town Board, in writing, by submitting a written request
to the Town Clerk, for an extension of the twenty-eight-day limitation
period upon a showing by clear and convincing proof that a time extension
is required for humanitarian reasons. The application must show not
only that an extraordinary circumstance exists by clear and convincing
proof but also must show all steps that have been taken to find the
occupant suitable permanent housing elsewhere.
