Town of Glenville, NY
Schenectady County
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Table of Contents
Table of Contents
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.
(10) 
Prior to starting a home occupation, the homeowner must apply for and receive a home occupation permit from the Building Department. The fee for a home occupation permit will be in accordance with the fee schedule for the Town of Glenville.[1]
[Amended 9-3-2008 by L.L. No. 4-2008]
[1]
Editor's Note: See Ch. 139, Fees.
[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. 
Purpose.
(1) 
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:
(a) 
Compatible with nearby land uses;
(b) 
Manage rights-of-way so as to ensure traffic safety and coordinate various uses; and
(c) 
Protect the integrity of their historic, cultural, and scenic resources and their citizens' quality of life.
(2) 
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.
B. 
Definitions. As used in this section, the following terms shall mean and include:
ACCESSORY EQUIPMENT
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.
ANTENNA
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.
CO-LOCATION
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.
(1) 
Collectively, the equipment at a fixed location or locations within the public right-of-way or on private property that enables communication services, including:
(a) 
Radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and
(b) 
All other equipment associated with any of the foregoing.
(2) 
"Communications facility" does not include the pole, tower or support structure to which the equipment is attached.
COMMUNICATIONS SERVICE PROVIDER
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).
COMMUNICATIONS SERVICE PROVIDER
A provider of communications services and includes a cable operator, as defined in 47 U.S.C. § 522(5).
DECORATIVE POLE
A pole that is specially designed and placed for aesthetic purposes.
DISTRIBUTED ANTENNA SYSTEM (DAS)
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 FACILITIES REQUEST
Eligible facility request as set forth in 47 CFR 1.40001(b)(3), or as amended.
ELIGIBLE SUPPORT STRUCTURE
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.
ORDINARY MAINTENANCE AND REPAIR
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.
POLE
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.
POLE EXTENDER
An object affixed between a pole and an antenna for the purpose of increasing the height of the antenna above a pole.
PUBLIC RIGHT-OF-WAY (ROW)
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.
PUBLIC UTILITY EASEMENT
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.
REPLACE or REPLACEMENT
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.
SMALL-CELL WIRELESS TELECOMMUNICATIONS FACILITY or SMALL-CELL FACILITY
A facility which meets the following conditions:
(1) 
The facility:
(a) 
Is mounted on structures 50 feet or less in height including its antennas as defined in 47 CFR 1.1320(d); or
(b) 
Is mounted on structures no more than 10% higher than other adjacent structures; or
(c) 
Does not extend an existing structure on which it is located to a height of more than 50 feet or 10%, whichever is greater;
(2) 
Each antenna, excluding associated antenna equipment, is no more than three cubic feet in volume;
(3) 
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;
(4) 
The facility does not require antenna structure registration under 47 CFR Part 17 or similar applicable regulations;
(5) 
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
SUPPORT STRUCTURE
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.
TOWER
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.
UTILITY POLE
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.
WIRELESS TELECOMMUNICATIONS PROVIDER
A wireless telecommunications infrastructure provider or a wireless telecommunications services provider.
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
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.
C. 
Site plan review.
(1) 
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.
D. 
Application requirements.
(1) 
The applicant's name, address, telephone number and e-mail address, including emergency contact information for the applicant.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
Detailed construction drawings regarding the proposed communication facility.
(6) 
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.
(7) 
For any new aboveground facilities or structures, accurate visual depictions or representations, if not included in the construction drawings.
(8) 
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.
(9) 
Submission of an environment assessment form.
E. 
Ordinary maintenance and repair.
(1) 
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.
F. 
Location of small-cell facility approved by the Planning Zoning Commission.
(1) 
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:
(a) 
Existing Town-owned structures or facilities.
(b) 
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.
(c) 
On or adjacent to existing structures or facilities within the Town such as existing water towers, church steeples, silos, etc.
(d) 
On or in a proposed new structure if the requirements below have been met by the applicant.
(2) 
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.
(3) 
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:
(a) 
Conflicts with safety and safety-related codes and requirements;
(b) 
Interferes with line of sight for pedestrian and vehicular traffic;
(c) 
Conflicts with the historic nature or character of a neighborhood or historical district;
(d) 
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;
(e) 
Conflicts with the provisions of this section;
(f) 
Conflicts with the nature and character of the neighborhood.
(4) 
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:
(a) 
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.
(b) 
The furthest point of any antenna may not extend more than 12 inches from the face of the pole.
(c) 
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.
(d) 
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.
(e) 
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.
(f) 
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.
(g) 
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.
(5) 
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:
(a) 
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.
(b) 
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
(c) 
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.
(d) 
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.
(e) 
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.
(f) 
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.
(g) 
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.
(h) 
All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.
(i) 
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.
(j) 
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.
(6) 
New poles in the right-of-way for small-cell wireless facility.
(a) 
New poles within the right-of-way are only permitted if the applicant can establish that:
[1] 
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;
[2] 
The small-cell wireless facility receives approval for a concealment element design;
[3] 
No new poles shall be located in a protected watercourse area or setback from the angle of repose; and
[4] 
The applicant signs a lease agreement listing terms of access, maintenance, future upgrades. indemnification and fees.
(b) 
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.
(c) 
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.
G. 
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.
H. 
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.
I. 
Planning Zoning Commission requirements as to aesthetics and neighborhood impact mitigation for small-cell permits.
(1) 
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.
(a) 
New small-cell facilities shall include concealment element designs, unless the Planning Zoning Commission makes a written determination that such designs are not feasible.
(b) 
The Planning Zoning Commission may consider alternative locations for equipment, whether pole-mounted or ground-mounted.
(c) 
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.
(d) 
Any lighting constructed as part of the installation shall be in conformance with all applicable regulations of the Town of Glenville Code.
(e) 
Antennas, ancillary equipment, and cable shall not dominate the structure or pole upon which they are attached.
(f) 
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.
(g) 
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.
(h) 
Generators located in the rights-of-way are prohibited.
(i) 
No equipment shall be operated so as to produce noise that is considered a nuisance.
(j) 
Except within the public right-of-way, all proposed poles, pole equipment and enclosures shall comply with the designated setback requirement.
(k) 
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.
(l) 
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.
(m) 
No small cell facilities shall obstruct pedestrian or vehicular vehicle traffic in any way.
(n) 
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.
(o) 
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.
(2) 
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.
J. 
Information updates.
(1) 
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.
K. 
Removal, relocation or modification of small-cell facility in the public right-of-way.
(1) 
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.
(2) 
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.
(3) 
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
(4) 
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.
(5) 
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:
(a) 
Entrances and exits from the mine on Town-controlled roads.
(b) 
Routing of mineral transport vehicles on Town-controlled roads.
(2) 
In an advisory capacity, the Town may also make recommendations to the New York State Department of Environmental Conservation as to the operation of the mine. The following items may be considered in the Town's recommendation to the NYSDEC:
(a) 
Setbacks from property lines and rights-of-way.
(b) 
Barriers designed to restrict access.
(c) 
Dust control.
(d) 
Hours of operation.
(e) 
Reclamation.
[1]
Editor’s Note: Former § 270-48, Adult uses, was repealed 12-20-2017 by L.L. No. 13-2017. See now § 270-24.1B.
[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:
(1) 
Commercial logging activities, provided such activities are in compliance with § 270- 60 of this chapter.
(2) 
Mining activities that have a valid mining permit from the New York State Department of Environmental Conservation.
D. 
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:
A. 
Purpose:
(1) 
To minimize the associated hazard of large impoundments of water to those persons and properties located adjacent or down-gradient.
(2) 
To provide an adequate separation between man-made ponds and wells and/or septic systems.
B. 
General requirements.
(1) 
The provisions of this section apply to all man-made ponds or water impoundments, above existing grade, exceeding 500,000 gallons of water.
(2) 
Ponds or water impoundments constructed for any purpose, and which hold or store 500,000 gallons or more of water, are required to be designed by a NYS-licensed engineer and be reviewed by the Schenectady County Soil and Water Conservation District.
(3) 
The course and flow rate of any existing stream is not to be affected by the construction of any pond or water impoundment, unless a permit is issued by the New York State Department of Environmental Conservation authorizing such project.
(4) 
All man-made ponds and water impoundments, regardless of storage capacity, must meet the front, rear, and side yard setbacks applicable to the principal structure of the zoning district in which the pond/impoundment is located.
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.
[1]
Editor's Note: This local law also redesignated former Subsections B through E as Subsections C through F, respectively.
C. 
Residential uses.
(1) 
Fences associated with residential uses will not exceed six feet in height above ground level in the rear yard, or in side yards located to the rear of the front plane of the dwelling.
(2) 
Fences on residential properties will not exceed four feet in height in the front yard, including along side lot lines to the front of the front plane of the dwelling.
(3) 
Barbed wire, electric fences and any other type of fence that may be hazardous to human health are prohibited.
D. 
Between residential and nonresidential uses.
(1) 
Fences will not exceed eight feet in height in the rear or side yard.
(2) 
Fences may be constructed to a height of eight feet along the side property line, even in the front of the dwelling, provided they are constructed for screening purposes only. Otherwise, fences alongside property lines in front of the front plane of the principal structure will not exceed four feet in height.
(3) 
Barbed wire, electric fences and any other type of fence that may be hazardous to human health are prohibited, except as otherwise noted in this section (§ 270-52).
[Amended 9-3-2014 by L.L. No. 4-2014]
E. 
Commercial, industrial and utility-type uses.
(1) 
Fences will not exceed 12 feet in height.
(2) 
Barbed wire and similar types of fencing used for security purposes are only permitted on the upper portion of the fence, above eight feet in height.
(3) 
If the fence is topped with barbed wire or a similar type of security fence, the top portion, if angled, will not intrude into or over neighboring properties.
(4) 
Electric fences are prohibited, except on "Research/Development/Technology" zoned properties within the Glenville Business and Technology Park, subject to the provisions and restrictions noted in Subsection B above.
[Amended 9-3-2014 by L.L. No. 4-2014]
F. 
Agricultural uses.
(1) 
Fences will not exceed 12 feet in height.
(2) 
Barbed wire fences are permitted.
(3) 
Electric fences are permitted but must be clearly identified as such through the placement of signs at intervals of no greater than 75 feet. These signs must face outward and not be obstructed from view by vegetation, structures, etc.
[Amended 9-3-2014 by L.L. No. 4-2014]
The following apply to junkyards:
A. 
Where allowed.
(1) 
Only the junkyards that were legally established at the time of adoption of this chapter are permitted.
(2) 
Legally established junkyards are allowed to expand, provided fencing and gates have been erected per Subsection B below.
B. 
Fencing.
(1) 
Every junkyard, and all activities associated with the junkyard, must be completely contained by a solid fence of at least eight feet in height. The height of the fence can be extended to 12 feet, but only the lower eight feet need to be constructed of a solid material.
(2) 
When not in use, the junkyard must be secured by locking all gates. Further, the gate(s) must be solid so as to screen the contents of the junkyard from the street and all adjacent properties.
C. 
Lighting.
(1) 
Any outdoor lighting associated with the junkyard must be positioned and directed towards the interior of the junkyard.
(2) 
Outdoor lighting is permitted for security purposes only. In other words, outdoor lighting is not to be used so as to allow operation of the junkyard during non-daylight hours.
[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.
(1) 
The entire area used for parking, storage, loading and access must be paved.
(2) 
Grading for the paved areas of the property will be done in such a way as to prevent minor fuel spills from entering nonpaved areas, and to keep the spilled fuel from migrating off the site.
C. 
Vehicle service areas and vehicle storage.
(1) 
All automobile repair and servicing activities, and all equipment associated with repairs and servicing, will be located within a building.
(2) 
All vehicles stored on the property must have a current valid registration, except for new cars for sale not yet purchased and registered.
(3) 
All automobile parts and dismantled vehicles must be stored in a building, or adequately shielded from motorists and adjacent properties via an enclosed, solid-fenced area.
D. 
Access.
(1) 
There will be no more than one driveway on each street abutting the property. Areas not meant for access are to be curbed or landscaped so as to direct traffic to the formal access driveways.
(2) 
Driveways are not to exceed 30 feet in width at the street's pavement edge.
(3) 
On corner lots, no driveways will be permitted within 50 feet of the intersection.
E. 
Other applicable laws. Gasoline service stations and businesses which store and/or dispense petroleum products must comply with all other applicable federal, state and local laws and regulations. This includes compliance with Article VII of this chapter (Intermunicipal Watershed Rules and Regulations).
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 and other fowl, turkeys, goats, minks and all other animals which are kept for the purpose of monetary gain.
(2) 
Agricultural-related animals may only be harbored and raised within the Rural Residential and Agricultural Zoning District.
(3) 
All structures used to house, care for, or feed agricultural-related animals must comply with the setback provisions for agricultural activities/farms, as prescribed for the Rural Residential and Agricultural Zoning District.
(4) 
All new structures used to house, care for, or feed agricultural-related animals, and all structures containing manure, fertilizer, feed and other farm-related chemicals or by-products must be located at least 150 feet from any existing residence. This setback does not apply to any residence located on the same property as the agricultural structure.
(5) 
All agricultural-related animals must be contained on the property via fencing or other means.
B. 
Domestic animals.
(1) 
As used in this chapter, domestic animals include those animals which are typically deemed "pets," and which are usually found sharing a residence or residential accessory structure with people. Such animals include, but are not necessarily limited to: dogs, cats, rabbits, hamsters, gerbils, guinea pigs, songbirds, fish, turtles, frogs, hermit crabs, snakes, salamanders and ferrets.
(2) 
Domestic animals may be kept in any zoning district.
(3) 
Domestic animals are to be confined to the owner's property, or when off the owner's property, shall be controlled in such a manner as to not trespass onto lands of other nonconsenting property owners.
(4) 
All provisions of Chapter 88, Animals, must be complied with. In the event that any provisions of this chapter conflict with provisions of Chapter 88, the provision which is the most restrictive shall apply.
A. 
Intent. It is the intent of these provisions that an atmosphere of acceptance be maintained for agricultural activities within the Town of Glenville. Agriculture is recognized as an important part of the Town's economy, culture and rural atmosphere.
B. 
Accessory buildings and uses. Accessory buildings and uses for agricultural properties must comply with the setback, bulk, and area requirements of the particular zoning district in which the property is located, unless otherwise stated herein.
C. 
Roadside stands. Roadside stands, buildings and structures for the seasonal display and sale of agricultural products are permitted in the RA District under the following conditions:
(1) 
Only agricultural products that are grown on the premises shall be sold.
(2) 
The stand is a seasonal operation, not open to the public more than six months in any calendar year.
(3) 
No such stand shall have a footprint in excess of 600 square feet
(4) 
Off-street parking spaces will be provided in accordance with Schedule A of this chapter (see "produce stand").
(5) 
Such roadside stands may be permitted in the SR District upon conditional use permit approval.
(6) 
All signs shall conform to Article IX of this chapter.
D. 
Farm buildings.
(1) 
Any new building or structure in which farm animals or poultry are kept, or in which manure, odor- or dust-producing substances are stored, shall be located at least 150 feet from any existing residence. This setback does not apply to any residence located on the same property as the agricultural structure. Such uses are permitted only in the RA District.
(2) 
Buildings for agricultural uses in the RA District shall be no greater than 75 feet in height.
E. 
Stables for keeping horses or ponies. Stables in the RA District shall conform to the requirements of farm buildings as noted in Subsection D above.
A. 
Frequency. No garage sale may be established for more than three consecutive days. All garage sales must be established for one specific premises or location, and only once within a six-month period.
B. 
Location. All garage sales must be located on private property with adequate access and parking for such sale.
C. 
Hours of sale. All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
D. 
Signs.
(1) 
One on-site sign for the purpose of advertising the garage sale is permitted, but shall not exceed six square feet in size.
(2) 
Any sign erected or installed for the purpose of advertising such a garage sale shall be removed within 24 hours after the sale has concluded.
E. 
Exemptions. The requirements of this section shall not be applicable to:
(1) 
Sales for bona fide charitable, educational, cultural or governmental institutions, civic groups, service clubs, religious or other tax-exempt organizations.
(2) 
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
(3) 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separated items do not exceed nine in number.
(4) 
Permitted roadside stands for the seasonal display and sale of agricultural products.
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.
I. 
Noise. No use shall operate in violation of Article XIV of this chapter.
J. 
Vibration. No vibration shall be permitted which is detectable without an instrument at the property line.
K. 
Glare. Glare, whether direct or reflected, whether from floodlights or high-temperature processes such as welding or combustion, shall be confined to the property in which it is generated. Temporary glare customarily associated with motor vehicles is exempt from this provision.
L. 
Odor. No emission of any malodorous matter shall be permitted so as to be detected outside the property line of the lot on which the facility is located. Any facility which may involve the emission of any odor shall be equipped with a secondary safeguard system, so that control will be maintained if the primary system should fail. Agricultural activities are exempt from this provision, provided such odors are typical of agricultural operations and not unique to any particular farm or agricultural site.
M. 
Discharge of toxic or noxious matter. No activity shall permit any type of discharge either on- or off-site of any toxic or noxious matter in such concentrations as to be detrimental to or endanger the health of the public or any species of bird or mammal. For the purposes of this provision, "noxious" is defined as that which causes or tends to cause injury to health.
N. 
Other forms of air pollution. No emission of toxic gases or other forms of air pollution shall be permitted which can cause any damage to human or animal health, vegetation or other properties or which may cause any excessive soiling beyond the property line.