Town of Greenville DRAFT Land Development Code Web viewTown of Greenville DRAFT Land Development...

Town of Greenville, NY

Draft Land Development Code

Version Five

September 1, 2012

DRAFT LAND DEVELOPMENT CODE – September 1, 2012 1

Town of Greenville DRAFT Land Development Code - June 5, 2012

Contents

ARTICLE I: TITLE AND PURPOSE...........................................................................................................................5

A. Title........................................................................................................................................................5B. Enacting Clause.....................................................................................................................................5C. Purpose..................................................................................................................................................5D. Application of Regulations.....................................................................................................................6E. Other Laws, Ordinances and Regulations of the Town of Greenville...................................................6

ARTICLE II: ESTABLISHMENT OF DISTRICTS.........................................................................................................7

A. Establishment of Zoning Districts..........................................................................................................7B. Business Development (BD) Floating Zone...........................................................................................7C. Planned Development Districts (PDDs).................................................................................................7D. Zoning Map............................................................................................................................................8E. Interpretation of District Boundaries......................................................................................................8

ARTICLE III: DISTRICT REGULATIONS...................................................................................................................9

A. Purpose..................................................................................................................................................9B. Use Regulations.....................................................................................................................................9C. Dimensional Standards.........................................................................................................................10D. Accessory Structures and Uses.............................................................................................................15

ARTICLE IV: PLANNED DEVELOPMENT DISTRICTS.............................................................................................16

A. Purposes and Objectives......................................................................................................................16B. Residential-Mixed Use Planned Development District........................................................................16C. Golf Course/Resort Community PDD..................................................................................................17D. General Requirements..........................................................................................................................18E. Sketch Plan Application and Review...................................................................................................20F. Procedure for Establishing the PDD Zone............................................................................................21

ARTICLE V: SUPPLEMENTAL REGULATIONS.......................................................................................................23

A. Fences and Walls..................................................................................................................................23B. Freshwater Wetland and Floodplain Permit Requirements..................................................................23C. Height Regulations...............................................................................................................................24D. Parking Regulations.............................................................................................................................24E. Performance Standards.........................................................................................................................26F. Projections into Yards..........................................................................................................................27G. Required Setbacks Along Stream.........................................................................................................27H. Sewer and Water Systems Requirements.............................................................................................27I. Sign Regulations..................................................................................................................................27J. Visibility at Intersections.....................................................................................................................33

ARTICLE VI: DESIGN GUIDELINES AND STANDARDS.........................................................................................34

A. Nonresidential and Multi-Family Building Design Standards..............................................................34B. Accessory Refuse Storage Areas..........................................................................................................38C. Outdoor Lighting.................................................................................................................................38

ARTICLE VII: LANDSCAPING AND SCREENING...................................................................................................40


A. Purpose................................................................................................................................................40B. Applicability........................................................................................................................................40C. General Requirements..........................................................................................................................40D. Site Plan Requirements........................................................................................................................40E. Minimum Planting Requirements........................................................................................................41F. Perimeter Landscaping and Screening.................................................................................................41G. Parking Lot Landscaping.....................................................................................................................41H. Maintenance.........................................................................................................................................41

ARTICLE VIII: ADDITIONAL REGULATIONS RELATING TO SPECIFIC USES...........................................................43

A. Purpose................................................................................................................................................43B. Accessory Apartments and ECHO Housing Units...............................................................................43C. Adult Uses............................................................................................................................................45D. Automotive Repair Service..................................................................................................................46E. Car Wash.............................................................................................................................................46F. Drive-through Window Facilities.........................................................................................................47G. Gasoline Service Station......................................................................................................................48H. Home Occupation................................................................................................................................48I. Kennels................................................................................................................................................49J. Manufactured Home Requirements......................................................................................................49K. Public accommodation uses including schools, assembly places, entertainment and recreation facilities, camps and campgrounds, theaters, community centers..................................................................59L. Public Utility........................................................................................................................................59M. Restaurants and Bars............................................................................................................................59N. Self Storage Units................................................................................................................................60O. Stables..................................................................................................................................................60P. Telecommunication Towers.................................................................................................................60Q. Wind Energy Facilities, Commercial (Wind Farms and Single Commercial)......................................64R. Wind Energy System, Small................................................................................................................70

ARTICLE IX: NON-CONFORMING USES AND STRUCTURES................................................................................73

A. Non-conforming uses and Structures...................................................................................................73B. Existing Undersized Lots.....................................................................................................................74

ARTICLE X: SITE PLAN REVIEW...........................................................................................................................75

A. Applicability........................................................................................................................................75B. Sketch Plan..........................................................................................................................................75C. Application for Detailed Site Plan Approval........................................................................................75D. Preservation Review............................................................................................................................77E. Planning Board Review........................................................................................................................79F. Planning Board Action.........................................................................................................................80G. Miscellaneous Policies.........................................................................................................................80

ARTICLE XI: SPECIAL USE PERMITS....................................................................................................................81

A General Procedures and Provisions......................................................................................................81B. Standards for all Special Use Permits..................................................................................................81

ARTICLE XII: DEMOLITION PERMITS..................................................................................................................83

A. Purpose................................................................................................................................................83B. General Procedures and Provisions......................................................................................................83C. Public Hearing.....................................................................................................................................83


ARTICLE XIII: ADMINSTRATION AND ENFORCEMENT........................................................................................84

A. Enforcement........................................................................................................................................84B. Zoning Permit.......................................................................................................................................84C. Certificate of Occupancy......................................................................................................................84D. Zoning Board of Appeals......................................................................................................................84

ARTICLE XIV: SUBDIVISION OF LAND................................................................................................................87

A. General Provisions...............................................................................................................................87B. Definitions............................................................................................................................................88C. Application and Approval Procedure...................................................................................................91D. General Requirements and Design Standards.......................................................................................98E. Required Data and Documents..........................................................................................................113F. Required Improvements and Agreements.........................................................................................118

ARTICLE XV: DEFINITIONS...............................................................................................................................122

ARTICLE XVI: MISCELLANEOUS........................................................................................................................137

A. Non-Interference and Precedence.....................................................................................................137B. Violation.............................................................................................................................................137C. Severability........................................................................................................................................137D. Amendments......................................................................................................................................137E. Coordination......................................................................................................................................137F. Compliance with the NYS Environmental Quality Review Act.........................................................137G. Compliance with County Referrals and Municipal Notifications.......................................................138H. Effective Date....................................................................................................................................138

APPENDIX A: FORM A: RESOURCE ANALYSIS ASSESSMENT............................................................................139

APPENDIX B: SUBDIVISION DESIGN GUIDELINES.............................................................................................141


ARTICLE I: TITLE AND PURPOSE

A. Title

This Local Law shall be known and may be cited as "The Land Development Code of the Town of Greenville, New York".

B. Enacting Clause

The Town Board of the Town of Greenville in the County of Greene, pursuant to New York State Town Law, hereby ordains, enacts and publishes this Local Law.

C. Purpose

This Law enables Greenville to protect the diverse character of the Town while also giving landowners a range of options and choices for the use, development, and conservation of their land. It is designed to strike a balance between achieving the community’s vision and goals as expressed in the Town’s Comprehensive Plan and protecting the property interests of landowners, providing a development approval process that is predictable, efficient and fair.

The Town of Greenville is committed to establishing high standards that preserve existing property values and attract high quality investment. At the same time it recognizes that the current development economy is especially difficult for small and locally-owned businesses as well as young families and homeowners seeking affordable housing who it welcomes to the community. Rather than abandon community standards, the Town has provided for flexibility in the application of this law.

The Vision Statement contained in the Town of Greenville Comprehensive Plan is:

“Residents will work collectively to conserve and enhance Greenville’s small town rural character and natural beauty. Growth will be well planned and aesthetically pleasing and will create new economic opportunities for all. Desired services will be supported by a productive tax base that is broad, diverse and growing”.

The Goals of the Comprehensive Plan:

1. Greenville will adopt sustainable land use practices, initiate design and aesthetic standards revise its zoning and preserve historic buildings and places

2. Greenville will provide responsive, open and transparent local government. Professional leadership and excellent communication with residents will inspire a collaborative environment for successful implementation of community plans

3. New housing in the hamlets of Greenville will be designed and planned to fit with the Town’s rural and historic character. Greater housing choice, including senior housing, vacation and town homes will be available. Assertive code enforcement and rehabilitation programs will enhance older homes and rental property.

4. Greenville will encourage a knowledge-based, “green” economy that is competitive and prosperous. It will promote commercial expansion, niche retail and specialty farming. Small technology companies will flourish with enhanced


telecommunication infrastructure. New and existing commercial property will be visually attractive and complement community character.

5. Greenville will improve and expand municipal infrastructure including public sewer and water systems to support new and existing development. It will encourage state-of-the-art telecommunications infrastructure (entertainment, phone, wireless internet and high-speed data transfer) to spark technology growth. Excellent transportation will include well-maintained roads, public transit shelters, bike lanes and racks, and a network of sidewalks in the hamlets.

6. Greenville will offer a full array of recreation and cultural resources and high-performing educational facilities that provide opportunities to residents of all ages.

7. Greenville will conserve its environmental resources including the picturesque natural setting, water resources, farms and open spaces.

D. Application of Regulations

l. No structure shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.

2. No structure shall hereafter be erected or altered to accommodate or house a greater number of families or have narrower or smaller rear yards, front yards, or side yards than is herein required for the district in which such a structure is located.

3. No structure shall hereafter be erected or altered to exceed the heights required for the district in which such structure is located.

4. No part of a yard or other open space setback around any one structure that is required under the provisions of this Local Law may be included as part of the yard or other open space setback required for a different structure.

5. No land shall hereafter be used or occupied unless in conformity with the regulations herein specified for the district in which it is located.

E. Other Laws, Ordinances and Regulations of the Town of Greenville

This Local Law is not intended to replace any other Laws, Ordinances and Regulations of the Town of Greenville. All applicants are hereby advised that compliance with all other regulations is required.


ARTICLE II: ESTABLISHMENT OF DISTRICTS

A. Establishment of Zoning Districts

The Town of Greenville is hereby divided into the following zoning districts:

1. Rural Residential/Open Space (RR): The purpose of this district is to address areas have soil conditions which generally are not conducive to intense development. They are located in the more rural areas of the Town and development which has already occurred here has taken place on large lots providing a low intensity of development. While the principal type of development should be residential, agriculture should continue in most areas and open space types of commercial uses are allowed if properly located and designed.

2. Low Density Residential (LR): The purpose of this district is to accommodate growth emanating out from the hamlets. Most of these areas have developable soils, and are located in proximity to established hamlets.

3. Hamlet (H): The purpose of this district is to ensure that future development is sensitive to the residential atmosphere, historic character and scale of the existing hamlets. Since the nineteenth century, these areas have been a mixture of businesses and residences.

4. General Commercial (GC): The purpose of this districts is to maintain commercial uses that are compatible with the surrounding Hamlet and Low Density Residential districts. These areas reflect past trends toward commercial growth.

5. Highway Commercial (HC): The purpose of this district is to encourage highway oriented commercial uses along the heavily traveled principal routes in Town.

6. Business Development (BD): The Purpose of this district is to provide sufficient space, in appropriate locations, to meet the Town’s needs for manufacturing, commercial and related activities. The district is also intended to balance business development with the preservation of the Town’s rural character.

B. Business Development (BD) Floating Zone

The Town of Greenville may consider other locations for the Business Development (BD) zoning district. As such, a Business Development floating zone is established which may be utilized in the future. The floating zone may be anchored to a land area in the Town through a zoning map amendment utilizing the process established in Article XVI, Subsection D, Amendments. Once an area is rezoned BD through a map amendment that area is rezoned BD for purposes of this Law and all of the development regulations of this law regarding the BD district shall apply.

C. Planned Development Districts (PDDs)

1. Two types of Planned Development Districts are hereby established which may considered by the Town of Greenville. The purpose of a Planned Development District (PDD) is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate adequate and economical provisions of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage compatibility with the goals and objectives of the Comprehensive Plan.


2. The two (2) types of Planned Development Districts that may be developed utilizing the process provided in Article IV: Planned Development Districts are:

a. Residential Mixed-Use Planned Development District

b. Golf Course/Resort Community Planned Development District

D. Zoning Map

The areas and boundaries of such districts are hereby established to scale as shown on the map entitled "Town of Greenville Zoning Map," adopted and certified by the Town Clerk and herein referred to as the "Zoning Map." This Zoning Map, together with everything shown thereon, is hereby adopted and declared to be a part of this Law.

E. Interpretation of District Boundaries

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the center lines of streets, highways, alleys, streams, lakes, or other bodies of water shall be construed to follow such center lines.

2. Boundaries indicated as approximately following town limits shall be construed as following such town limits.

3. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

4. In other circumstances not covered by the rules above, the Zoning Board of Appeals shall interpret the district boundaries.


ARTICLE III: DISTRICT REGULATIONS

A. Purpose

For each district established in Article II, the following uses (Schedule A) and dimensional standards (Schedule B) shall apply.

B. Use Regulations

No structure or land shall be used except as provided below and in the Schedule A: Use Regulations. See Article XV for definitions of each use category.

It is the intent of this chapter to group similar or compatible land uses into a specific zoning district, either as Permitted Uses or as uses authorized by a Special Use Permit.

1. Permitted Uses by Right (P): All uses listed shall be permitted by right in the zoning district where the use is listed, provided that all other requirements of this Law are met. All permitted uses are indicated in Schedule A below with a “P”.

2. Permitted Uses with a Special Use Permit (SP): All uses permitted in the zoning district upon issuance of a Special Use Permit by the Planning Board. All Special Use Permit uses are indicated in Schedule A below with a “SP”.

3. Not Permitted Uses: Any use that is not permitted by right or with a Special Use Permit in the zoning district where the use is listed. All Not Permitted uses are indicated in Schedule A below with “NP”.

4. Unlisted Uses: Any use not listed in Schedule A below is initially deemed not permitted unless such principal or accessory uses are expressly permitted elsewhere by this Law, the use is classified as a “materially similar use” (see below), or a use variance is granted in accordance with the provisions of this Law.

a. Materially Similar Uses: Since it is impossible to list all different uses that may be proposed in the Town of Greenville the Planning Board will use generic categories on Schedule A to interpret whether an unlisted use, that is not otherwise prohibited by law, is materially similar and can reasonably fit into a use category where similar uses are described. Should the Planning Board determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed, and the Planning Board’s decision shall be recorded in writing. Should the Planning Board determine that a materially similar use does not exist, permitting the use shall require a zoning amendment as prescribed in Article XVI, Miscellaneous, to establish a specific listing for the use in question. In each and every instance where a use is determined in writing by the Planning Board to be materially similar to a permitted use, The Planning Board shall immediately apprise the Town Board and Zoning Board of Appeals of that determination so that a record of recommended future ammendments to this law can be maintained. Should the Planning Board determine that a materially similar use does not exist, permitting the use shall require a zoning amendment as prescribed in Article XVI, Miscellaneous.


C. Dimensional Standards

Regulations governing lot area and lot width; front, side and rear yards; building coverage and building height for each district are specified below in Schedule B: Dimensional Standards and are supplemented by the regulations of other sections of this Law.


Schedule A – Principal Use RegulationsP = Permitted As of Right SP = Requires a Special Use Permit NP = Not Permitted

Zoning Districts

Principal Uses H LR RR GC HC BDAgriculture/Animal

Agriculture SP SP P P P P

Animal Shelter SP SP SP P P P

Greenhouses and nurseries SP SP P P P P

Kennels NP NP P SP SP SP

Riding academies NP SP SP P P P

Stables NP SP P P P P

Veterinarian Offices/Annual Hospital SP SP SP P P P

CommercialAccessory uses, except drive-throughs P P P P P P

Accessory uses, drive-throughs SP SP SP P P P

Adult uses NP NP NP SP NP SP

Artist Studio P P P P P P

Automobile sales and service NP NP SP P P P

Automobile repair services SP SP SP SP P P

Banks P P P P P P

Bars, night club or cocktail lounge NP NP NP P P P

Car wash NP SP NP P P P

Dry cleaning, retail NP NP NP P P P

Equipment rental or sales yards NP SP SP P P P

Funeral homes P P P P P P

Gasoline stations with or without convenience stores SP NP NP P P P

General & professional offices SP SP SP P P P

Laundromat SP SP NP P P P

Outdoor dining SP SP SP P P P

Restaurants, excluding drive-through facilities P SP SP P P P

Retail establishments P SP SP P P P

Service establishment, personal P SP SP P P P

Shopping centers NP NP NP P P P

Storage facilities NP NP SP P P P

Tattoo Parlor SP SP SP P P P

Theater, drive-in NP NP NP P P P

Community Facilities



Zoning Districts

Principal Uses H LR RR GC HC BDCemeteries SP SP P SP SP P

Clubs, membership SP SP SP P P P

Community centers SP SP SP P P P

Cultural facilities P P P P P P

Daycare, children, family, group family and adult P P P P P P

Emergency Services/Firehouse/Ambulance P P P P P PEntertainment and commercial recreation uses, excluding motorized vehicle race tracks or recreational courses SP NP SP P P P

Governmental offices P P P P P P

Hospitals SP SP SP P P P

Parks and open space P P P P P P

Religious institutions P SP SP P P P

Schools, public and private P P P P P P

Theaters or concert halls P P SP P P PIndustry

Junkyard NP NP NP NP NP P

Light industry SP SP SP P P P

Lumberyard NP NP SP P P P

Mine NP NP SP P P P

Research and development facilities SP SP SP P P P

Warehousing/Distribution NP NP SP P P P

Wholesale businesses and services NP NP SP P P PResidential

Dwellings, single family P P P P P P

Dwellings, single family attached (townhouse) P SP SP SP P P

Dwellings, two family (twin or duplex) P P P P P P

Dwellings, multiple family P SP SP SP P P

Home Occupations P P P P P P

Manufactured homes NP SP P P P P

Manufactured home parks NP SP SP P P P

Nursing or convalescent homes SP SP SP P P P

Tourism/Golf/Resort RelatedBed and breakfast P SP P P P P

Camps NP SP P P P P

Golf courses and country clubs NP P P P P P



Zoning Districts

Principal Uses H LR RR GC HC BDHotels, inns P SP P P P P

Motels SP SP SP P P P

Resorts SP SP SP P P P

Recreation vehicle parks/Campgrounds NP SP SP SP P P

UtilitiesAmateur radio towers over 35 feet SP SP SP SP SP P

Internet service provider SP SP SP P P P

Public utilities SP SP SP P P P

Telecommunications towers NP SP SP P P P

Wind energy facilities, Commercial (wind farm) NP NP SP NP NP NP

Wind energy facilities, Single Commercial SP SP SP SP SP SP

Wind energy system, Small P P P P P P

Telecommunications towers NP SP SP SP SP P


Schedule B - Town of Greenville Dimensional Standards

Minimum Setbacks

Zoning Districts

Minimum Lot Size

Minimum Lot

Width

Maximum Height of Structure

Front Yard1 Side Yard Rear Yard

Hamlet (H)

0.5 acre with sewer and

water; 1 acre without both

sewer and water 75 Feet 35 Feet

0-25 Feet; or the average of the front

yard setbacks on the block on the same side of the

street

0 Feet or the average setback of abutting

structures on both

sides 25 Feet

Low-Density Residential (RR) 2 acres 150 Feet 35 Feet 35 Feet 25 Feet 25 Feet

Rural Residential/Open Space (LR) 5 acres 150 Feet 35 Feet 50 Feet 50 Feet 75 Feet

General Commercial (GC) 0.5 acre 75 Feet 35 Feet 35 Feet 25 Feet 25 Feet

Highway Commercial (HC) 1 acres 100 Feet 35 Feet 35 Feet 25 Feet 25 Feet

Business Development (BD)

10 acres and served by

public sewer and water

150 Feet 35 Feet 60 Feet 50 Feet 50 Feet

Planned Development Districts See Article IV

Note 1: On corner lots, each side which abuts a street shall be deemed a front yard, and the required yard along each street shall be the required front yard subject to the front yard setbacks. The property owner shall decide, when applying for a building permit, which of the remaining yards shall be the required side yard and required rear yard.


D. Accessory Structures and Uses

Accessory structures and uses, as defined herein, are permitted in any zoning district in connection with any principal uses lawfully existing within such district.

1. Permitted as of right - Accessory Structures and Uses

Accessory Structures and uses include, but are not limited to the following list of examples:

a. Garages

b. Storage and Garden Sheds

c. Tennis/Basketball Courts

d. Swimming Pools

e. Small Wind Energy System

2. Special Use Permit - Accessory Structures and Uses

The following accessory structures and uses are permitted by special use permit:

a. Drive through window facilities pursuant to Article VIII, Subsection (E).

3. Bulk and Location Requirements

a. Accessory structures unattached to principal buildings shall be located no closer to the principal building, than 12 feet.

b. Any detached accessory structure is permitted within a required rear or side yard of Schedule B.

c. Setbacks must conform to the requirements of Schedule B except as provided in subsection b above.


ARTICLE IV: PLANNED DEVELOPMENT DISTRICTS

A. Purposes and Objectives

The purpose of Planned Development Districts (PDD) is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate adequate and economical provisions of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage compatibility with the goals and objectives of the Comprehensive Plan. The town of Greenville has designated two types of appropriate PDDs: Residential Mixed-Use and Golf Course/Resort Community.

To realize these purposes, a PDD shall achieve the following objectives:

1. Provide flexibility in the planning and construction of development projects by allowing a combination of uses developed in accordance with an approved plan that protects adjacent properties.

2. Choice in housing environment and type, occupancy tenure, lot sizes and common facilities.

3. More usable open space and recreation areas and, if permitted as part of a project, more convenience in location of accessory commercial and service uses.

4. A development pattern which preserves the Town's rural character, outstanding natural topography and geologic features, scenic vistas, trees, and prevents the disruption of natural drainage patterns.

5. An efficient use of land resulting in smaller networks of utilities and streets.

6. A development pattern in harmony with the land use intensity, transportation, and community facility objectives included in the Comprehensive Plan.

B. Residential-Mixed Use Planned Development District

1. Purpose and Objectives

It is the intent of the residential-mixed use PDD to encourage innovations in residential and nonresidential development so that varying demands may be met by greater flexibility in siting, design and type of structures; and encourage the maximum reasonable conservation and the most efficient possible use of land. This PDD allows for flexible use and design regulations so areas may be developed, incorporating a variety of uses, containing both individual building sites and common property, which are planned and developed as a unit.

2. Location

The Residential-Mixed Use PDD is allowed only in Hamlet, Low Density Residential, General Commercial and Highway Commercial Districts.

3. Permitted Uses

Permitted uses in the Residential-Mixed Use PDD include:

Residential-Mixed Use PDD


Permitted Uses Permitting RequirementsP = Permitted as of Right

Open Space, Parks and Recreation, Private and Public, Indoor and Outdoor P

Single Family Dwellings, attached and detached PTwo-Family Dwellings PMultiple Family Dwellings PCommunity Facilities PMembership Clubs PService Establishments that benefit the residential community of the PDD P

Professional Offices that benefit the residential community of the PDD P

4. Permitted Accessory Uses

Customary accessory or associated uses such as private garages, storage spaces, recreational and community activity centers may be permitted.

C. Golf Course/Resort Community PDD

1. Purposes and Objectives.

The purpose of this Golf Course/Resort Community PDD is to permit residential development as an integral part of golf course and/or resort development; to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate adequate and economical provisions of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage compatibility with the goals and objectives of the Comprehensive Plan.

2. Location

The Golf Course/Resort Community PDD may be located in any zoning district.

3. Permitted Uses

Uses permitted in the Golf Course/Resort Community PDD shall conform to the uses permitted in the preexisting zoning district where the PDD will be located. In addition, the following uses are permitted:

Golf Course/Resort Community PDD


Permitted UsesPermitting Requirements

P = Permitted as of RightSP = Permitted with a Special Use Permit

Accessory uses, except drive-throughs PAmateur radio towers over 35 feet SPArtist Studio PBars, night club or cocktail lounge PBed and breakfast PClubs, Membership PCultural facilities PDwellings, single family PDwellings, single family attached (townhouse) PDwellings, multiple family PEntertainment and commercial recreation uses PGolf courses and country clubs PHotel, inns PLaundromat PMotels POutdoor dining PParks and open space PResorts PRecreation vehicle parks SPRestaurants PRetail establishments PTelecommunications towers SPWind energy facilities, single commercial SP

D. General Requirements

1. Minimum Area

The minimum area for a PDD shall be 10 contiguous acres of land.

2. Ownership

The project land may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. Such ownership may be a public or private corporation. The approved project plan shall be binding on the project land and owner(s). Only the owner or an agent designated in writing shall be allowed to file an application for a PDD.

3. Land Use Density Consideration

In keeping with the intent of this Article, land use intensity shall be an average density of .5 acre per use.

4. Height

No structure in a PDD shall exceed thirty 35 feet in height.

5. Sewer and Water Facilities


Every PDD must be served by public or private communal sewer with a sewage treatment plant and water system that have been approved by the NYS Department of Health and the NYS Department of Environmental Conservation and have been properly shown to meet every requirement of the Town of Greenville and the County of Greene. Sewage treatment must be provided by a governmental agency, a municipality or a sewage disposal corporation formed and regulated pursuant to Article l0 of the NYS Transportation Corporation Law in addition to the Town Sewer Law.

6. Common Property and Open Space

Common property in a PDD is a portion of the land in the PDD, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites.

a. Common property shall comprise a minimum of 30% of any PDD. Such common property shall be either public or private.

b. In cases of common property maintained privately, such lands shall be covenanted, to the satisfaction of the Town Board, to insure that such areas shall not be utilized for future building sites.

c. In the computation and determination of common property areas lands shall be of such location and configuration that they shall adequately serve and be accessible to all building sites within the PDD and comprise land that are suitable for open space use Parking areas, roads, house sites, other impervious surfaces, and their improvements shall not be included in the calculation to determine the amount of available open space. However, the entire tract, apart from these exceptions shall be considered in determining the required amount of open space. The following facilities or improvements may be located on open space land: common septic systems, water systems, stormwater systems, bike paths, walking trails, and other common community facilities that do not involve buildings, such as tennis courts, swimming pools, and playgrounds.

d. The proposed development design shall strictly minimize disturbance of environmentally sensitive areas. The Planning Board shall encourage areas of open space to be connected, where appropriate. Where important open space areas exist contiguous to the subject parcel, every effort shall be made to locate the on-site protected open space adjacent to these open space areas.

7. Design Standards:

All design standards related to supplemental regulations, design standards, and landscaping and buffering found elsewhere in this law shall apply to Planned Development Districts in addition to those listed below.

a. Building Design Standards

Buildings shall be designed in such a way that they are an integral part of the layout and design of the entire development. Individual buildings shall generally be related to each other in design, massing, materials, placement, and connections so as to create a visually and physically integrated development.

b. Landscaping Design Standards


The entire development shall have a coordinated landscape design. Existing trees shall be conserved, wherever possible and integrated into the overall landscape design. Landscaping shall include shrubs, ground cover, and street trees. Street trees shall be provided along all streets and pedestrian walkways. Parking lots shall be landscaped and screened.

c. Circulation Design Standards

Roads, pedestrian walkways and/or sidewalks shall be designed as an integral part of the overall site design and shall be connected to the existing sidewalk network where applicable.

E. Sketch Plan Application and Review

Whenever any PDD is proposed, before any contract is made for the sale of any part thereof, before any zoning and building permit shall be granted, and before any subdivision plat may be filed in the office of the Greene County Clerk, the prospective developer or his authorized agent shall apply for and secure approval of such PDD in accordance with the following procedures.

1. Application for Sketch Plan Approval

a. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Planning Board. The sketch plan shall be approximately to scale and it shall clearly show the following information:

(1) The location of the various uses and their areas in acres;

(2) The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;

(3) Delineation of the various residential areas indicating the number, size and types of dwelling units proposed; and a calculation of the density pursuant to Subsection (D)(3);

(4) The interior open space system;

(5) The overall drainage system;

(6) A topographic map showing contour intervals of at least 10 feet of elevation;

(7) Principal relationships to the community at large with respect to highways, water supply, and sewerage disposal; and

(8) A location map showing uses and ownership of abutting lands.

b. The sketch plan shall be accompanied by the following:

(1) Evidence of how the developer's particular mix of land uses meets existing community demands;

(2) Evidence that the proposal is compatible with the goals of the Town Comprehensive Plan;

(3) A description of how all property will be owned and maintained; and


(4) Evidence of the applicant's ability to carry out the plan both physically and financially.

2. Planning Board Review of the Sketch Plan

The Planning Board shall review the sketch plan and its related documents; and shall render either a favorable report to the Town Board or an unfavorable report to the applicant.

a. Favorable Report

A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering PDD Districting. It shall be based upon the following findings, which shall be part of the report:

(1) The proposal conforms to the Comprehensive Plan.

(2) The proposal meets the objectives as expressed in Subsection (A).

(3) The proposal meets the general requirements of Subsection (D).

(4) Adequate sewer and water services are or will be available when the development is completed.

b. Unfavorable Report

An unfavorable report shall state clearly the reasons therefore, and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for an appeal to the Town Board.

c. Planning Board Certification

The Chairman of the Planning Board shall certify when all of the necessary application materials has been presented and the Planning Board shall submit its report within 30 days of such certification. If no report has been rendered after 30 days, the applicant may proceed as if a favorable report were given to the Town Board.

F. Procedure for Establishing the PDD Zone

1. Town Board Hearing

Upon receipt of a favorable sketch plan report from the Planning Board, or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct a public hearing for the purpose of considering PDD Districting for the applicant's plan in accordance with the procedures established under Section 264 and Section 265 of New York State Town Law or other applicable law. Said public hearing must be conducted within 62 days of the receipt of the favorable report or the decision or appeal from an unfavorable report.

2. Town Board Preliminary Approval

If the PDD Districting is acceptable, the Town Board shall issue a preliminary approval to the applicant and shall refer the application to the Planning Board.

3. Referral to Planning Board/Conditions for Final Zoning Approval


Upon Town Board referral to the Planning Board, the PDD applicant must secure site plan approval in accordance with Article X of this Law. If required, subdivision approval must be obtained in accordance with the Article XIV, Subdivision of Land, of this Local Law. In addition the applicant must comply with all additional conditions and requirements as may be set forth by the Town Board in its resolution granting the PDD District and shall so document to the Planning Board. The Planning Board shall certify to the Town Board when all conditions have been met for final zoning approval.

4. Town Board Approval

Upon certification by the Planning Board that all conditions for final zoning approval have been met, the Town Board shall grant final approval and the Zoning Map shall be so noted. The Town Board may, in order to protect the public health, safety, and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such conditions may include, but are not limited to, the project's visual screening, construction priorities, residential land use mixes, pedestrian and vehicular circulation systems, and protection of natural and/or scenic vistas.

5. Required Timely Commencement of Project.

The applicant of any project within an area zoned as a PDD shall, commence building and construction within 2 years following final approval of the Planning Board Site Plan approval. In the event a building permit is not secured, the Planned Development approval shall terminate and the project parcel(s) shall revert to the district classification.


ARTICLE V: SUPPLEMENTAL REGULATIONS

A. Fences and Walls

The following standards shall apply to fences, walls and hedges for all uses in all districts except agriculture which shall be exempt.

1. Location

(a) Fences and freestanding walls shall not be erected in the right-of-way and shall be setback at least 2 feet from the edge of the road. Hedges greater than 3 feet in height shall be setback 2 feet from the edge of the road.

(b) Fences, freestanding walls and hedges greater than 3 feet in height, shall not be located within 30 feet of a street intersection. The height of 3 feet shall be measured above the curb level, if any, or above the existing road level. In no event, however, shall a hazard to traffic be erected or maintained.

(c) Fences, hedges and freestanding walls shall be set back at least one foot from the property line.

2. Height

(a) No fence or freestanding wall shall exceed 4 feet in height, as measured from the ground, in any front yard except that fencing for horse paddocks may be 5 feet in height.

(b) No fence or freestanding wall shall exceed 6 feet in height, as measured from the ground, in any side or rear yard.

3. Materials and Construction

(a) All fences and freestanding walls shall be so installed so that the finished side shall face the adjoining lot, public right-of-ways and shared private right-of-ways; all bracing shall be on the inside of the fence.

(b) Barbed wire, chicken wire, pallets, tires, plywood and construction fencing shall not be used as a fencing material or as any part of a fence visible from the public right-of-way except when used for agricultural uses.

(c) Retaining walls visible from the public right-of-way should be faced with masonry or other decorative screening, textures, design, or landscaping to minimize the blank appearance of walls and ensure compatibility with existing structures.

(d) All fences, walls and hedges shall be maintained and, when necessary, repaired or replaced.

B. Freshwater Wetland and Floodplain Permit Requirements

Before any zoning permit is issued for property that is noted as a Freshwater Wetland on any NYS Freshwater Wetland Map or is noted as a Flood plain on any National Flood Insurance Program Map,


the applicant must certify or otherwise prove that all of the requirements of the NYS Freshwater Wetlands Law and the Town of Greenville Floodplain Law have been met.

C. Height Regulations

The provisions of this Local Law shall be subject to such exceptions, additions, or modifications as herein provided by the following supplementary height regulations.

1. Height Exceptions

Schedule A establishes the maximum height of structures. The height limitations shall not apply to telecommunication towers, wind energy facilities, church spires, belfries, cupolas, domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20% of the ground floor area of the building.

2. Agricultural Buildings

Silos and agricultural buildings are exempt from the height limitations provided that such buildings above 35 feet in height are at least twice the distance from any residence as the height of the building.

D. Parking Regulations

1. Number of Parking Spaces Required

a. Off-street parking spaces shall be provided in all districts in accordance with the specifications in this section whenever any new use is established or existing use is enlarged. The minimum number of off-street parking spaces required shall be calculated using the standards outlined in Schedule C.

Schedule C - Minimum Parking Space Requirements

Residential UsesMulti-family Dwellings including Apartments and condominiums

1 ½ space per dwelling unit

Home occupations 1 for each employeeCommercial UsesAgriculture 1 per employeeGasoline Stations 5 parking spacesMotels, hotels, resorts, and beds and breakfast 1 space for each unitOffices and banks 1 per 250 square feet of gross space and 1 space for

every 4 employeesRestaurants and eating establishments 1 space for every 4 seats and 1 space for every 2

employeesRetail stores, shops and services 1 space for every 250 sq. ft. of floor area and 1 space

for every 4 employeesIndustrial Uses

Industrial 1 space for each 2 employees, based on the highest expected average employee occupancy


Places of AssemblyReligious Institutions 1 for every 4 seatsTheaters 1 for every 4 seatsInstitutional UsesSchools and Child Care Facilities 1 space for each employeeNursing Care/Assisted Living Facilities 1 space for every 2 beds

b. For a use not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board.

2. Maximum Parking Standards

The maximum number of off-street parking spaces for any building or use shall not exceed more than 120% of the number of spaces required above.

3. Shared Use Parking

a. Shared parking of areas with multiple uses is encouraged. In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board that staggered hours of use would permit reduction of this requirement.

b. Up to 50% of the parking spaces required for places of public assembly with peak attendance on Sundays and/or evenings may be assigned to a use, or uses, which will be closed on Sundays and/or evenings, as applicable.

c. An agreement establishing joint use of a parking area, approved by the Planning Board, shall be recorded with the Town Clerk. Such agreements shall be recorded on the deed for all properties with joint use of parking areas and require Town approval for any change or termination.

4. Design Standards for Off-Street Parking Spaces

a. Each parking space shall comply in size and dimension with the following standards:

Minimum Parking Space and Aisle Dimensions

Parking Angle (A)

Stall Width (B)

Curb Length (C)

Aisle Width (1 Way) (D)

Aisle Width (2 Way) (D)

Stall Depth (E)

0 (Parallel) 9’0” 24’0” 12’0” 24’0” 7’0”30 9’0” 18’0” 12’0” 24’0” 17’0”45 9’0” 12’0” 12’0” 24’0” 17’0”60 9’0” 10’0” 21’0” 26’0” 20’0”90 9’0” 9’0” 26’0” 26’0” 20’0”

Definitions for letters in parenthesis appear in the figure below.

Dimensions of parking spaces for the disabled are regulated by Section 1106 of the Uniform Fire Prevention and Building Code of New York State.


b. Handicap accessible parking shall be provided in accordance with Section 1106 of the Uniform Fire Prevention and Building Code of New York State.

5. Required Off-Street Loading Berths. Off-street loading for all commercial and industrial uses shall be accommodated as deemed necessary by the Planning Board during site plan review. Such off-street loading shall be conveniently located for bulk pick-ups and deliveries and accommodate delivery vehicles.

6. Landscaping shall be in accordance with Article VII, Landscaping and Buffering.

E. Performance Standards

Uses are not permitted which exceed New York State regulations or any of the following standards measured at the individual property line:

1. Emit noise in excess of 70 decibels.

2. Emit any odor which is considered offensive.

3. Emit dust or dirt which is considered offensive.

4. Emit any smoke.

5. Emit any noxious gases which endanger the health, comfort, safety or welfare of any person, or which have a tendency to cause injury or damage to property, business or vegetation.

6. Cause, as a result of normal operations, a vibration which creates displacement of 0.003 of one inch.

7. Lighting or signs which create glare, which could impair the vision of a driver of any motor vehicle.

8. Cause a fire, explosion or safety hazard.

9. Cause harmful wastes to be discharged into the sewer system, streams or other bodies of water.


F. Projections into Yards

The following architectural features of a building may be located within any required setbacks, subject to the limitations provided below:

1. Ordinary projections of window sills, belt courses, cornices, eaves and other architectural features, provided, however, that such features shall not project more than 3 feet into any required yard

2. Chimneys or pilasters

3. Open arbor or trellis

4. Patios and terraces

5. Decks shall not project more than 8 feet into any required yard

6. Awning and canopies

7. An open fire escape may extend not more than 4 feet into any required yard

G. Required Setbacks Along Stream

No structure shall be constructed within 100 feet of the center line of Basic Creek and Greenville Creek. On lots where structures exist at the time of the enactment of this Local Law, this setback requirement is reduced to 25 feet of the center line of Basic Creek and Greenville Creek. Greenville Creek is defined as that tributary of Basic Creek that originates in a wetland on the east side of NYS Route 32 just south of Westerlo/Greenville Town line, flows south through the Greenville hamlet, forming the pond at the intersection of NYS Routes 32 and 8l, flows to the west of the water body known as Barbara Lake and joins the Basic Creek just north of County Route 35.

H. Sewer and Water Systems Requirements

Where required, developments that must be served by public or private communal sewer with a sewage treatment plant and water system shall be approved by the NYS Department of Health and the NYS Department of Environmental Conservation and shall meet every requirement of the Town of Greenville and the County of Greene. Sewage treatment must be provided by a governmental agency, a municipality or a sewage disposal corporation formed and regulated pursuant to Article l0 of the NYS Transportation Corporation Law.

I. Sign Regulations

1. Purpose

The purpose of this section is to provide standards to safeguard life, health, property and public welfare by controlling the number, location, construction, installation, illumination and maintenance of all signs and sign structures in the Town of Greenville. It is the further purpose of this section to control the quality and quantity of signs so as to enhance the identification of the various business and professional enterprises in the Town and improve the visual quality of the community.

2. Definitions


ABANDONED SIGN: A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises which such sign is displayed.

ADVERTISING SIGN: An off-premise sign that advertises or otherwise directs attention to a commodity, business, industry, home occupation, activity or event which is sold, offered, or conducted elsewhere than on the lot upon which the sign is located, e.g. billboard.

AWNING (CANOPY) SIGN: A sign painted on, printed on, or attached flat, against the surface of an awning made of canvas or fabric or similar material, which is affixed to a building and projects therefrom. Such signs may or may not be fixed or equipped with a mechanism for raising and holding an awning in a retracted position against the building. An awning sign shall only display the business name and graphic logo.

DIRECTIONAL SIGN: A sign conveying instructions regarding pedestrian and/or vehicular movement with respect to the premises on which it is located, such as the entrance and exit of a parking area.

ELECTRONIC MESSAGE BOARD: An electronic sign or display which uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes for the purpose of conveying a variety of messages and/or advertisements by means of moving text or image.

EXTERNALLY LIT SIGN: Any sign deriving its illumination from an external light, shielded so that the point source of light is not visible elsewhere than on the lot where said illumination occurs

FREESTANDING SIGN: A self-supporting sign standing alone on its own foundation.

ILLUMINATED SIGN: Any sign illuminated by artificial light, either from the interior or exterior of a sign, and includes reflective and phosphorescent light.

INTERNALLY LIT SIGN: Any sign deriving its illumination from an internal source, and shall include all plastic signs lighted from behind, as well as all neon signs, and all lighted awnings lighted in a way as to give the awning the appearance of being lighted.

MONUMENT SIGN: A freestanding sign attached to a brick, stone, or masonry wall or structure that forms a supporting base for the sign display.

NONCONFIRMING SIGN: Any sign that does not conform to the requirements of this ordinance.

OFF-SITE SIGN: A sign which is located on a parcel of land other than that parcel where the business, service or event advertised is located.

ON-SITE SIGN: A sign which is located on a parcel of land where the business, service or event advertised is located.

PORTABLE SIGN: A sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels, or on its own trailer or otherwise. Examples of


portable signs include, but are not limited to, sandwich boards, menu boards, attached to A-frames or T-frames, and balloons used as signs.

PROJECTING SIGN: A sign that projects more than 12 inches perpendicular to the buildings face.

ROOF SIGN: A sign erected upon or above a roof or parapet wall of a building, and which is wholly or partly supported by that building.

SIGN: Any material, structure, or device, or part thereof, composed of lettered or pictorial matter, which is located out-of-doors or on the exterior of any building or indoors as a window sign, displaying an advertisement, announcement, notice or name, and shall include any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.

SIGN HEIGHT: The distance from the highest portion of the sign to the man grade at the base of the sign. In the case of a sign located on an isolated mound, height shall be measured to the original grade.

TEMPORARY SIGN: A sign advertising a particular event and having a duration of not more than 60 days per year.

VEHICULAR SIGN: Any vehicle and/or trailer to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle’s purpose but becomes the primary purpose of the vehicle.

WALL SIGN: A sign which is painted on or attached to the outside wall of a building with the face of the sign in the plane parallel to such wall.

WINDOW SIGN: A sign mounted or painted on a window, or inside a structure that is intended to be seen through a window from the outside.

3. General Requirements

a. Size and Height of Signs

(1) No sign, except as provided for off-site (billboard) in Subsection 6 of this Section shall exceed 64 square feet in area on each side of the sign, except as provided in Subsection I (6). In the Hamlet and Low Density Residential Districts, signs shall not exceed 32 square feet in area on each side.

(2) No sign shall be erected so that the top of the sign is greater than 6 feet from the ground.

b. Location of Signs

(1) Signs shall not use utility poles or trees, rocks or other natural features as a medium of communication or means of support.

(2) Signs projecting from face of building should be in proportion to the detail of the façade of the building.

(3) No sign shall be located in a public right of way.

(4) No sign shall be so located as to detract from or obstruct public view of


historic buildings, scenic views, or any other recognized natural features such as a waterfall, glen, etc.

c. Number of Signs

(1) Each lot may have one freestanding or monument sign and one sign per business affixed to a structure on a single parcel of real property. A freestanding or monument sign may advertise one or more names or interests.

d. Illumination of Signs

(1) No internally lit signs shall be allowed unless they meet the following standards:

(a) Signs have an automatic dimming technology and illumination is reduced by at least 50% after 9 P.M and the illuminated sign has a maximum light level above ambient light level of 0.3 footcandles; or

(b) Internally lit signs are located in the interior of a building or upon any property containing 12 or more commercial establishments for which one internally lit sign may be allowed upon review and approval by the Zoning Board of Appeals prior to issuance of a sign permit as set forth above if it meets the criteria of subsection (a) above.

(2) Any lighting device shall employ only lights of a constant intensity, and no signs shall be illuminated by a certain flashing or intermittent or moving light or lights or any mechanical fluttering, moving or revolving device. Exempt from this requirement are signs exhibiting time and temperature information.

e. Sign Structure

(1) Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Layout should be orderly and graphics should be of simple shape, such as rectangle, circle or oval. No more than two typefaces should be used on any one sign or group of signs indicating one message. The number of colors used should be the minimum consistent with the design.

(2) Sign support structure shall be adequate to support the load of the sign of which it is supporting. Upon request of the Code Enforcement Officer, an engineered design, paid for by the sign owner, will be necessary.

f. Changes in Signs (Altered Signs)

In the event that the business or activity that a sign promotes changes, said sign will be considered a new sign and thereafter shall comply with all requirements of this article.

4. Prohibited Signs

a. No sign shall, in its construction, employ any mirror or mirror-like surface, nor any day glowing or other florescent paint or pigment.

b. No sign or part thereof shall contain or consist of any banner, pennant, ribbon, streamer, spinner, or other similar moving, fluttering or revolving device. The said devices, as well as strings of lights, shall not be used for advertising or related


functions whether or not they are part of any sign. No sign or part thereof may rotate or move back and forth.

c. No sign shall be erected or maintained upon the roof of any building or structure.

d. No vehicular signs.

e. No permanent or temporary sign shall be erected or placed at or near the intersection of any street in such a manner as to cause a traffic hazard at the intersection or at any location where, by reason of the position, shape, color, or illumination of the sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device.

f. No sign shall make use of the words "STOP", "LOOK", "DANGER", "CAUTION" or any other word, phrase, symbol or character which may tend to confuse, mislead or resemble any governmental or duly authorized sign.

5. Exempt Signs

The following signs are exempt from the requirements of this chapter. These signs may be erected and maintained without a permit or fee, provided that such signs comply with the general requirements of this Law.

a. Providing consent of the property owner is obtained and that placement does not exceed 60 days:

(1) Christmas and holiday decorations, [flags, banners] etc.

(2) Political posters, banners, and similar signs.

(3) Signs or other promotional devices relating to a special event, festival, or similar activity.

(4) Yard or garage sale signs.

(5) All such devices in this category shall be removed within seven days after such activity has ended, except for signs required by law or private traffic control.

b. Safety, directional, historical markers or other types of signs erected and maintained by a public agency.

c. Signs advertising the sale, lease or rental of the premises upon which the sign is located, which sign shall not exceed 6 square feet in area.

d. Professional name plates shall not exceed 4 square feet in area.

e. Signs denoting the name and address of the occupants of the premises, which signs shall not exceed 2 square feet in area.

f. Temporary signs denoting the architect, engineer, or contractor placed on premises where construction, repair, or renovation is in progress, which signs shall not exceed 9 square feet in area.

g. Portable signs, which shall not exceed 8 square feet.

h. Window signs, as long as they conform to the illumination requirements of


Subsection I (3) (d) and do not cover more that 20% of the glass area of the pane to which the sign is affixed or displayed.

i. Gasoline stations signs attached on gasoline pumps, displaying the price of fuel not exceeding 2 square feet; however, the total size of price, logo and any other signage on a pump shall not exceed a combined total of 3 square feet.

6. Off-Site Signs (Billboards)

a. Off-site signs are permitted in the Business Development District.

b. Off-site signs shall not exceed 200 square feet or exceed 20 feet in height.

c. No off-site sign hereafter erected or established shall be within 300 feet of any other off-site sign.

7. Condition and Maintenance

Should any sign be or become unsafe, unsightly, damaged, in danger of falling, or is a menace to the public, the owner thereof or the person maintaining the same, shall upon receipt of written notice from the Code Enforcement Officer proceed at once to put such sign in a safe and secure condition, renovate or remove the sign; provided, however, that if such a situation is not corrected within 90 days from the date of receipt of written notice, the Code Enforcement Officer shall correct the situation or have it corrected, with the costs assessed to the property's town tax bill.

All renovations to any nonconforming sign shall be undertaken in such a manner so as to cause the sign to conform to this Law.

8. Nonconforming Signs

a. Signs which fail to conform to these Sign Regulations as of the effective date of this Law are allowed to continue except that no internally lit signs shall exceed 40 foot-candles measured on a vertical plane one foot from the sign. Internally lit signs that exceed 40 foot-candles shall be removed within 5 years of the effective date of this Law.

b. A nonconforming sign shall not be enlarged or replaced by another nonconforming sign. If the sign is taken down at any point, it will need to be replaced with a conforming sign.

9. Sign Permit and Fee

a. After the effective date of this law and except as otherwise herein provided, no person shall erect any sign without first obtaining a sign permit therefore from the Code Enforcement Officer. Permit fees shall be paid upon filing an application for a permit to erect a sign. For a list of permit fees, refer to the Fee Schedule.

b. In the event the erector of the sign is not the owner thereof, written consent of the owner of the building, structure or land to which or on which a sign is to be erected, is required.

c. Upon the filing of an application for a permit to erect a sign, it shall be the duty of the Code Enforcement Officer to examine such plans, specifications and other data submitted with the application, and, if necessary the building or premises upon


which it is proposed to erect the sign. If the proposed sign is in compliance with the general requirements a permit will be issued for the erection of the proposed sign.

d. Each sign requires a separate permit. In cases where more than one sign is attached to the same support, each requires a separate permit and the sum total area of all individual signs shall not exceed the requirement in Subsection 3(a) of these regulations.

10. Abandoned Signs

Any sign which is located on property which becomes vacant and unoccupied for a period of 90 days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. The sign shall be removed after written notice by the Code Enforcement Officer, to the owner of the property on which the sign is affixed. In the event such sign is not voluntarily removed, subsequent costs of removal by the Town will be assessed against the property owner’s tax bill.

11. Enforcement

The Town of Greenville Code Enforcement Officer or their duly appointed assistants of the Town of Greenville are authorized and empowered to enforce the requirements of this Article.

J. Visibility at Intersections

At all street intersections no obstructions to vision, such as a fence, wall, hedge, sign, or other structure or planting, shall be over 3 feet in height as measured above curb level, within the triangular area formed by the intersecting street lines and a line joining each 35 feet distant from their point of intersection measured along said street lines or projections.


ARTICLE VI: DESIGN GUIDELINES AND STANDARDS

A. Nonresidential and Multi-Family Building Design Standards

1. Purpose

These design standards are intended to ensure that new buildings, additions and alterations are consistent with the Town of Greenville’s vision as described in the Town’s Comprehensive Plan and its rural and historic character.

2. Applicability

The building design standards apply to all new construction, additions and alterations except that single family dwellings, two-family dwellings and agricultural uses shall be exempt.

3. Definitions

ADDITION: New construction added to an existing building or structure.

ALTERATION: Construction or other modification that changes one or more of the exterior features of a structure or building, including, but not limited to, the erection, construction, reconstruction, addition, sand blasting, water blasting, chemical cleaning or removal of any structure, but not including changes to the color of exterior paint.

BELTCOURSE: A molding or projecting row or layer of stones, tile, shingle or brick in a wall running horizontally along the face of a building.

CORNICE: The projection at the top of a wall or the top course or molding of a wall when it serves as a crowning member.

FAÇADE: The exterior walls of a building facing a frontage line.

FULL CUTOFF OR FULL SHIELDED TYPE FIXTURE: An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.

GLARE: Direct light that causes annoyance, discomfort or loss in visual performance and visibility.

LIGHT FIXTURE: The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and a refractor or lens. A light fixture also includes the assembly for luminous tube and fluorescent lighting.

LIGHT POLLUTION: Artificial light which causes a detrimental effect on the environment, enjoyment of the night sky, or causes undesirable glare or unnecessary illumination of adjacent properties.

MASSING: The three-dimensional shape of a building(s) height, width, and depth.

PLINTH: A projecting base of an external wall, or the base of courses of a building collectively, if so treated as to give the appearance of a platform.


Façade broken up with building extensions and

peaksAttractive windows

Entrance accented with use of canopy,

signage & landscaping

PORTICO: A covered walk or porch that is supported by columns or pillars; also known as colonnade.

4. General Building Design Standards

a. New development, additions and alterations shall employ building types and architectural detailing that are compatible with the architecture of the existing community character in their massing and external treatment.

b. New infill development shall be similar in height and size or articulated and subdivided into massing that is more or less proportional to adjacent structures and maintains the existing architectural rhythm.

Example of a retail or service establishment building design.

c. For larger structures, the length of any façade should generally not exceed 50 feet maximum (horizontal dimension). Shop fronts may be broken down even further; 30 feet or less is preferred. Facades may be broken up through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways and other architectural treatments.

5. Building Materials

a. For any new building, addition or alternation, the use of natural materials such as stone, brick, wood siding, shingles, slate, etc. are preferred.

b. Anodized or galvanized metal is prohibited except when used for roofs, agricultural structures, or additions or alterations to existing structures with anodized or galvanized metal exteriors.

c. Muted and traditional colors are generally preferred, with contrasting textures and tones used to add interest. Building colors should emphasize earth tones and colors common to traditional/natural building materials. Strong color may be used sparingly as an accent.

6. Building Orientation and Entrances

a. Buildings shall be parallel to the street frontage property line.

b. The front façade of buildings shall be oriented towards the public right-of-way with an everyday public entrance in this front façade.


Example of a gas station and convenience store with a consistent architectural style for the building and canopy, gas pumps on the side, parking in the back, sidewalks and landscaping.

.

c. All primary building entrances shall be accentuated. Accents may include recessed or protruding entrances or the use of canopies, porticos, or overhangs d. Where rear parking is provided, the provision of a secondary rear entrance is encouraged.

7. Walls

a. Blank facades with no windows or doorways shall not be permitted along any exterior wall facing a street, parking area, or walking area or other public right-of-way.

b. Walls or portions of walls, where windows are not provided, shall have architectural treatments that are similar to the front façade including materials, colors and details. Examples of architectural treatments include but are not limited to: masonry (but not flat concrete block), concrete or masonry plinth at the base of the wall, belt courses of a different texture or color, projecting cornices, projecting canopies, decorative tilework, medallions, translucent glass, vertical/horizontal articulation, lighting fixtures.

8. Windows

a When necessary repair or replacement of windows is required, replacement windows shall match the original window in style, configurations and size.

b. Smoked, reflective, or black glass in windows is prohibited when facing the right-of-way. Energy efficiency window filters are allowed.

9. Roofs

a. Roofs shall be proportional to the rest of the building and for infill development, should be in keeping with the character of adjacent buildings. Hip or gable roofs are


Example of a preferred storefront.

preferred. Flat roofs are discouraged but when used shall have a parapet. False mansard-style roofs shall not be used.

b. Structures with sloping roofs shall take measures to ensure that the fall of snow, ice, or rain does not create a hazard for pedestrians. Sloping roof structures can employ the use of dormers and gables to give the facade a more visual prominence.

Examples of roof types.

10. Storefronts

a. Storefront design should be in keeping with the overall building design. Storefront elements such as windows, entrances and signage provide clarity and lend interest to facades. It is important that the distinction between individual storefronts, the entire building facade, and adjacent properties be maintained by architectural treatment and materials selection.

b. Storefront windows and doors shall be consistent to create a cohesive appearance.

c. Clear, colorless glass without tinting is preferred for all display windows. Stained glass, colored or translucent glass should be used only for design accents.


B. Accessory Refuse Storage Areas

1. The storage of refuse for nonresidential uses shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing. Any refuse area outside of the building shall be sited in the following manner:

a. Refuse areas including all dumpsters and garbage cans shall be located behind the principal building, at least 10 feet from the property line.

b. Refuse areas shall be entirely screened by a fence or enclosure of at least 6 feet high on all 4 sides. A minimum of 25% of the enclosure shall be screened by landscaping.

c. Refuse areas shall be designed to be architecturally compatible with the principal building including the doorway or entrance of the enclosure. The enclosure of the refuse area shall be brick, stockade, wood board fence or materials imitating brick or wood. Enclosures must remain locked, closed and maintained in proper working order.

Example of an enclosed refuse area.

C. Outdoor Lighting

1. Purpose

The purpose of this section is to require and set minimum standards for outdoor lighting that:

a. permit reasonable uses of outdoor lighting for safety, security, and visibility for pedestrians and motorists;

b. minimize glare and obtrusive light by limiting outdoor lighting that is misdirected, excessive or unecessary; and

c. conserves energy and resources to the greatest extent possible.

2. Applicability

a. The lighting standards of this section shall apply to all properties in the Town of Greenville.

b. All outdoor lighting fixtures (luminaires) shall be installed in conformance with this


Law, provisions of the Uniform Fire Prevention and Building Code and the sign regulations of this Article V, Section E, as applicable.

3. Exempt Lighting

The following types of lighting are exempt from the standards of this section.

a. Emergency lighting or temporary construction lighting, as may be required by a public agency.

b. Holiday lighting

c. Lighting in swimming pools and other water features goerned by Article 680 of the National Electrical Code.

d. Low voltage landscape lighting, however, such lighting should be shielded in such a way as to eliminate glare and light trespass.

e. Exit signs, lighting of stairs and ramps and other illumination required by the Uniform Fire Prevention and Building Code.

f. Sports fields lighting, however, glare and light trespass shall be minimized and sensible curfews utilized.

4. Prohibited Lighting

a. Blinking and flashing lights

5. General Requirements

a. The number of light fixtures and the intensity of lighting shall be appropriate to illuminate the location for safety, without glare to adjoining properties.

b. All lighting installation shall be designed and installed to be fully shielded (full cutoff), except as in exceptions above, and shall meet the exterior lighting standards of the current Energy Conservation Construction Code of New York State.

c. Installation of supply wires for lighting shall be placed underground.

d. Automobile-oriented uses such as gasoline stations, service stations and drive through facilities shall install recessed ceiling fixtures in any canopy.

e. Maximum Height

(1) Lighting attached to residential structures should not exceed the height of the eave.

(2) The total height of exterior lighting fixtures, including the base, shall be a maximum of 20 feet and 14 feet for pedestrian walkways and parking lots adjacent to residential uses.

6. Design

a. Exterior lighting shall enhance the building design and adjoining landscape.

b. Decorative style lighting is preferred.


Decorative lighting is preferred.

ARTICLE VII: LANDSCAPING AND SCREENING

A. Purpose

The purpose of these provisions is to ensure that new site development is integrated as much as possible with the adjacent landscape and rural character of the Town of Greenville; to reduce the effects of noise, glare, dust, and heat; to protect against the effects of soil erosion, reduce stormwater runoff, buffer and screen adjacent properties. The preservation and/or transplantation of existing trees and vegetation are encouraged where possible.

B. Applicability

The Landscaping and Screening standards described in this section apply to the following development activities except single family, two-family and agricultural uses which are exempt from the standards of this Article.

1. All new construction 2,000 square feet or greater of gross floor area.

2. Additions and expansions of 1,500 square feet or greater of gross floor area to existing uses other than those exempted above.

3. All retaining walls 6 feet in height or greater measured from finished grade of the lowest side of the wall, shall require a set of stamped plans and specifications by a licensed engineer or landscape architect.

4. The creation of more than 3 parking spaces.

C. General Requirements

1. A landscaping plan shall be prepared as part of Site Plan.

2. The plan shall be prepared and stamped by a licensed landscape architect, engineer or architect unless waived by Planning Board.

3. Landscaping required pursuant to an approved site plan shall be installed or funds deposited in, or a certificate of deposit issued by, a bank or trust company located and authorized to do business in this state, under an agreement approved by the Town Attorney prior to temporary occupancy, and installed before the issuance of final certificate of occupancy.

4. The preservation of existing natural vegetation or stands of trees (particularly native species) may be used toward meeting all or part of the landscaping requirements and is encouraged.

5. Landscaping shall not interfere with overhead power lines.

D. Site Plan Requirements

The following elements shall be included on the landscape plan as part of the Site Plan application presented for Site Plan Review:


1. Existing Vegetation: graphic depiction of existing vegetation “TO REMAIN” and “TO BE REMOVED.” Distinctive (e.g. native) species and colonies of vegetation shall be identified.

2. Species and caliper size for all existing trees 6” DBH and greater to be removed shall be provided in Table form.

3. Proposed Plantings: graphic illustration of the mature tree canopy size, and diameter/spread of shrubs and shrub/herbaceous plant massings.

4. A Plant Schedule shall list the common name, botanical name, minimum recommended USDA Growing Zone, size, quantity, and root condition of all proposed plant material.

E. Minimum Planting Requirements

1. Landscape elements such as trees, shrubs, herbaceous plantings, walls, paving, etc. shall be planned to create pedestrian-scale spaces.

2. The selection of landscaping materials shall be compatible to the local climate, soil types, and water availability.

3. Grass and sod plantings shall use a grass developed for establishment in local conditions.

4. Curbing and paving should be located no closer than the drip line of existing trees to remain unless root bridges, structural soil, or other measures are employed.

5. Mulch shall be natural, organic material.

F. Perimeter Landscaping and Screening

1. Landscaped screening or fencing shall be installed along the perimeter of nonresidential uses abutting a residential use to mitigate noise and light spillage from outdoor lighting and cars.

2 For all required landscaped screening, the plant choice, required mature height and width, and placement of such buffers and screening shall be based upon the site topography, distance from buildings and uses, and other existing conditions and proposed improvements. However, the planted buffer shall be at least 6 feet in height at the time of planting, completely screen the view into adjacent properties and mitigate reasonable noise.

G. Parking Lot Landscaping

1. Landscape areas shall cover a minimum of 15% of the total paved area of the parking lot.

2. Planted buffers shall be provided between parking areas and adjacent lots and streets.

H. Maintenance

1. Any plant material used in the landscaping project shall be maintained in a healthy growing condition. The property owner bears the responsibility for maintenance of required landscaping. The Town of Greenville has the authority to order that dying or dead landscaping be replaced by the current landowner or developer. In addition, the Town will work with a property owner in establishing a realistic replanting plan when


landscaping required by this article is lost due to situations beyond the control of the property owner or other related circumstances.

2 If requested, the applicant shall submit a maintenance agreement describing methods of compliance with the requirements of this Article.

3. Action upon non-compliance: failure, neglect or refusal of owner to perform the required maintenance action shall be taken in accordance with the enforcement provisions of this Law.


ARTICLE VIII: ADDITIONAL REGULATIONS RELATING TO SPECIFIC USES

A. Purpose

The regulations related to specific uses must be satisfied prior to the issuance of a special use permit, site plan approval or building permit.

B. Accessory Apartments and ECHO Housing Units

1. Purpose

The purpose of these regulations is to provide for accessory apartments and ECHO Housing Units to be located in the Town of Greenville.

1. Definition:

Accessory Apartment: An accessory apartment is a habitable living unit added to, created within, or located in a structure detached from a single-family dwelling and subordinate to it, that provides basic requirements for living, sleeping, eating, cooking, and sanitation. The purpose of allowing accessory units is to help families to meet the needs of immediate family members, especially seniors, the handicapped or developmentally disabled to live safely and affordably.

Elder Cottages Housing Unit (ECHO): An ECHO unit is a specially constructed, HUD certified accessory dwelling unit (between 300 and 720 square feet) used for the temporary accommodation of an elderly or disabled occupants.

2. Location:

The installation of an accessory apartment in new or existing single-family dwellings (hereinafter principal units) shall be allowed in single-family zones subject to specific development, design, and owner-occupancy standards. The same provisions shall apply to the location of an ECHO unit on the property associated with the principal unit.

3. Relationship to Principal Structure:

Only one accessory apartment or ECHO Unit, but not both, may be created per residence in single-family zones. The accessory apartment may be attached to, or detached from, the principal unit. An accessory apartment may be developed in either an existing or a new residence.

4. Site Requirements:

The accessory apartment and ECHO Unit shall comply with all front, side and rear yard setback requirements for a principal dwelling within the zoning district. The apartment unit or ECHO Unit shall additionally be located no closer to any front property line than the principal dwelling on the lot or on the lot directly adjacent.

5. Occupancy Requirements:

Occupancy of the accessory apartment or ECHO unit is limited to family members related by blood, marriage, or adoption, or persons providing nursing or domiciliary care or


assistance to the owner in exchange for lodging. The property owner, which shall include title holders and contract purchasers, must occupy the principal unit as their permanent residence, for at least eight months out of the year, and at no time receive rent for the owner-occupied unit. 'Owner occupancy' means a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means.

6. Size:

The accessory apartment or ECHO unit shall be at least 300 square feet and not more than 700 square feet, excluding any related garage area, and may not have more than 2 bedrooms. The Accessory apartment or ECHO unit shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

7. Design:

The Accessory apartment or ECHO unit shall be designed so that it is consistent in style, scale and materials with the appearance of the principal unit. The primary entrance to the accessory apartment or ECHO unit shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the principal unit.

8. Utilities:

An Accessory Apartment of ECHO unit must be connected to the utilities and infrastructure (except telephone and television) of the principal dwelling unit and may not have separate services.

9. Parking:

One off-street parking space, in addition to that which is required by the underlying zone, shall be provided. The Code Enforcement Officer may waive the requirement for the space if topography or existing structures makes provision of the parking spaces unduly burdensome and adequate parking capacity exists.

10. Accommodation for the Disabled:

In order to encourage the development of accessory apartments and ECHO units for disabled and handicapped individuals, and persons with limited mobility, the Code Enforcement Officer may allow reasonable deviation from the prescribed conditions where necessary to install features that facilitate access and mobility of disabled persons.

11. Grandfathering: Units created prior to the date of adoption of this law shall be registered with the Code Enforcement Officer for inclusion into the Certificate of Occupancy program. In addition to the standard requirements for a Certificate of Occupancy the owner of the principal unit shall provide evidence of the date of establishment of the unit, evidence of the use for the six-month period prior to the application for registration. M. Application Procedure:

12. Application for a building permit for an accessory apartment of an ECHO Unit shall be made to the Code Enforcement Officer in accordance with the standard building permit process, and shall also include:


a. A letter of application from the owner(s) stating that the owner(s) shall occupy the primary dwelling unit on the premises for eight months out of each year, except for bona fide temporary absences.

b. Proof that the registration form or other forms as required by the Code Enforcement Officer shall be filed as a deed restriction with the Greene County Clerk to indicate the presence of the accessory apartment, the requirement of owner-occupancy, and other standards for maintaining the unit as described above.

c. Certification by the Greene County Health Department that the water supply and sewage disposal facilities are adequate for the projected number of residents must be provided to the Code Enforcement Officer.

13. Sale of Principal Residence:

Upon sale of the property, a new owner shall be required to sign a new affidavit and to register the Accessory apartment of ECHO Unit.

14. Additional Regulation of ECHO Units:

ECHO units must be properly removed from the premises and the site restored to lawn area within 6 months of the discontinuance of its use as an ECHO unit.

C. Adult Uses

1. Adult entertainment shall be permitted only in the General Commercial (GC) District subject to the conditions contained herein. No adult entertainment use shall be permitted except upon the issuance of a special use permit by the Planning Board including any conditions as said Board may determine are appropriate in connection therewith.

2. Application for a special use permit under this Article shall comply with and be governed by the requirements of Schedule A of this Law.

3. Standards for Special Use Permit.

The following standards shall control the location and operation of adult entertainment uses:

a. No more than one adult entertainment use shall be permitted on any lot, and no such use shall be permitted within 750 feet of any other such use.

b. No adult entertainment shall be permitted in any building used in whole or in part for residential purposes including temporary accommodation of any type.

c. No adult entertainment use shall be permitted on any lot that is located within 750 feet of any lot used for residential purposes or any lot in a residential district despite its current use.

d. No adult entertainment use shall be permitted on any lot that is located within 750 feet of any lot on which is located a school, place of worship, cemetery, medical office, counseling or psychiatric treatment facility, community center, day care center, public park, playing field, bike path, or other area in which large numbers of minors regularly congregate.


e. No adult entertainment use shall be permitted within 750 feet of any established or regularly used school bus stop.

f. Adult entertainment uses shall comply with all other requirements of this Law, as well as all other applicable Town, County, State and Federal Laws and regulations.

g. All building openings, including doorways, windows, etc., shall be located, covered, or screened in such manner as to prevent any view into the adult entertainment use from any public street, sidewalk, or parking area.

h. As a condition to the issuance of a special use permit for any such adult entertainment use, there shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises at any time and for any reason.

i. As further condition of the approval of any adult entertainment use, there shall be no outdoor display or advertising of any kind, other than one business identification sign complying with all signage requirements set forth in the this law. No adult entertainment use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to any sexual act or any part of the anatomy from any public way or from any other property. This provision shall apply to any display, decoration, sign, show, window or other opening.

j. It shall be unlawful to operate an adult entertainment use between the hours of 11:00 p.m. and 9:00 a.m.

2. The distances provided in Section (1) above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult use is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult use is to be separated.

D. Automotive Repair Service

1. All repair work, storage of materials, supplies, and parts shall be located within a structure completely enclosed on all sides (not to be construed as meaning that the doors of any repair shop must be kept closed at all times).

2. For all overnight storage parking associated with automobile repair uses, perimeter landscaping (Article VII, Subsection (G)) shall be provided to screen the parking from the public Right-of-Way and/or neighboring residential uses.

3. The maximum number of parking spaces devoted to overnight storage of vehicles shall be no more than 3 spaces per repair bay. These spaces shall be clearly delineated on all site plan and special permit applications.

E. Car Wash

1. Car washes will comply with all state regulations.

2. No building, parking, or service area shall be closer than 100 feet to any existing residential structure.

3. Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board.


4. In addition to meeting any off-street parking requirements of this law, any car wash shall provide a minimum of four stacking spaces per bay on the lot.

5. As part of Site Plan Approval for car washes, evidence of an adequate long-term source of public or private water shall be submitted to show that water usage will not affect surrounding properties.

F. Drive-through Window Facilities

1. Purpose. Due to potential impacts on traffic volume, vehicular and pedestrian circulation and the environment, the following additional standards are required for the permitting of drive-through windows.

2. Site location criteria. The site of the drive-through window shall meet the following criteria:

a. The use shall not be located within 50 feet of a lot line of a LR or RR zone.

b. The use will not substantially increase traffic on streets in a LR or RR zone;

c. The use will not substantially lessen the usability of adjacent or nearby commercially zoned property or commercial use by interfering with pedestrian traffic;

d. The site will be adequate in size and shape to accommodate said use and to accommodate all yards, parking, landscaping, and other required improvements;

e. The use will not substantially lessen the usability and suitability of an adjacent LR or RR zone for residential use.

3. General design standards. All the following must be provided for the primary use to be granted a building permit for a drive-through window:

a. Lighting: All lighting on the exterior of the building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way;

b. Signs should be placed and waiting lanes should be designed so that waiting cars do not block sidewalks or public streets.

c. Landscaping, waiting-lane devices, and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes.

d. Traffic circulation.

(1) Sites located adjacent to an alley must incorporate the use of the alley as the drive-through lane entrance unless it can be demonstrated that such a configuration would either hinder pedestrian or vehicular circulation off site.

(2) Pedestrians must be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lines.


(3) Waiting lanes shall be designed for the maximum length possible. At a minimum, waiting lanes should accommodate average peak monthly traffic flow, allowing 23 feet per vehicle.

(4) The waiting lane shall be independent of any on-site parking, parking maneuvering areas, public streets, alley or traffic ways serving other on and/or off-site uses.

e. Site plan requirements. In addition to the general requirements for site plan review, drive-through window site plans must also include the following features:

(1) Design and placement of signs to ensure that they facilitate the safe and smooth flow of traffic.

(2) Details of pedestrian and vehicular circulation.

(3) Details of waiting lanes, including location and design of curbs, gates, bollards and chains, pavement markings and similar devices.

G. Gasoline Service Station

1. Gasoline service stations will comply with all state regulations.

2. No building, parking, or service area shall be closer than 100 feet to any existing residential structure.

3. The minimum distance between pump islands and between the building and any pump islands shall be 20 feet.

4. No waste water, oil, toxic or inflammable materials shall pollute, or create hazardous or unsightly conditions.


6. Gasoline service stations will comply with Article VI, Design Standards and Article VII, Landscaping and Buffering.

H. Home Occupation

1. Purpose

The purpose of these regulations is to provide for home occupations to be located in the Town of Greenville

2. Definition

HOME OCCUPATION:

An occupation carried on in a dwelling unit or accessory structure by the resident thereof; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and which does not alter the exterior of the property or affect the residential character of the neighborhood.

3. Compatibility of Use:


Home occupations shall be compatible with the residential use of the property and the neighborhood.

4. Size

The home business shall not utilize more than 15% of the habitable space of the principal dwelling.

5. Compatibility of Design

No alteration to the exterior of the principal residential building or customary accessory building used for the home occupation activity shall be made which changes the character thereof as a residential premise. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting.

6. Signage

One sign not exceeding four square feet in area shall be permitted.

7. Hours of Operation

Recommended hours for customer visits are between 8:00 AM and 6:00 PM but may be extended by approval of the planning board.

8. Sharing, Subletting or Renting

No sharing, renting or subletting of space, for use by others in the conduct of their profession, trade or business is permitted.

9. Environmental Performance

The home occupation shall produce no noise, vibrations, glare, objectionable fumes or electrical interference detectable to normal sensory perception on adjacent lots.

10. Prohibited Uses

If a use is prohibited, under Appendix A: Town of Greenville Use Regulations, it shall additionally be prohibited as a home occupation.

I. Kennels

1. The required minimum lot size for all kennels is 5 acres.

2. All kennels with outdoor exercise pens or kennels shall be located no closer than 150 feet to any adjoining property line.

3. Adequate landscaping and/or fencing shall be provided to create a visual, sound, and odor buffer between such facility and adjacent properties.

4. Adequate provision for the storage and removal of all animal wastes shall be made. In particular, no manure storage area shall be located within 300 feet of any residence or street right-of-way.

J. Manufactured Home Requirements

1. Purpose


These standards provide location and development standards for development of manufactured homes within the Town of Greenville. These standards are intended to provide a quality residential environment for residents occupying individual manufactured homes as well as manufactured homes within manufactured home parks and to ensure compatibility with surrounding residences and buildings.

2. Background

Manufactured housing is a type of housing unit that is largely assembled in factories and then transported to sites of use. In the United States, the term manufactured housing specifically refers to a house built entirely in a protected factory environment under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards 42 U.S.C. § 5402(6). (Commonly known as the HUD Code) went into effect June 15, 1976. Manufactured homes manufactured after July 15, 1976 must display a HUD Seal (also known as a HUD Plate, HUD Data Plate or HUD Insignia) to verify their proper construction. Manufactured housing includes housing commonly referred to as mobile homes, trailers, single-wides, double-wides, factory-built homes and prefabricated homes.

The term Mobile Home describes factory-built homes produced prior to the 1976 HUD Code enactment.

3. Applicability

a. These standards apply to manufactured homes within the Town of Greenville.

b. These standards DO NOT APPLY to recreational vehicles or travel trailers or similar structures that are portable vehicles designed to be transported on their own wheels which is designed for temporary living quarters for travel, recreation or vacation purposes.

c. The standards in this chapter DO NOT APPLY to Elder Cottage Housing Options (ECHO) or Accessory Apartments as described in Section S of this Article.

d. The standards outlined in this chapter DO NOT APPLY to modular homes. In the Town of Greenville, modular homes are built to NYS Building Code, not the Federal HUD standards described above and are permitted exactly the same way as site built homes. For purpose of clarification, New York State defines modular homes as follows:

e. “A modular home shall be constructed in a minimum of two sections, each of which are transported to the building site separately, with installation of heating system and application of siding coming after the erection of the home, and shall be indistinguishable in appearance from conventionally built homes. Modular homes shall have no permanent support frame (chassis). Modular homes shall bear the New York State Building Code certification as factory-manufactured dwellings. They do not bear a HUD insignia.”

f. These standards DO NOT APPLY to the business of manufactured home sales.

4. Definitions


These standards apply to all manufactured homes located on an individual building lot or within a manufactured home park.

MANUFACTURED HOMES: Manufactured homes may be single- or multi-section which are built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality. The HUD Code also sets performance standards for the heating, plumbing, air conditioning, thermal and electrical systems. It is the only federally-regulated national building code.

MANUFACTURED HOME ACCESSORY STRUCTURE: A structure attached to or located adjacent to a manufactured home such as awnings, carport, garages, porches or steps. On-site additions, such as garages, decks and porches, must be built to local, state or regional building codes.

MANUFACTURED HOME PARK is defined as a parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MANUFACTURED HOME STANDARDS: Manufactured Home Standards are defined as standards for individual manufactured homes or manufactured home parks that address the design of the individual manufactured homes and the overall park design (open space, dimensional and lot requirements, etc.)

MANUFACTURED HOME STAND: An adjustable support stand for permanently supporting a manufactured home above the ground, providing a means for leveling the structure during initial installation and also after the home has become established and for mechanically securing the home to a supporting foundation thereby protecting against tip-over in the event of high winds and/or earth vibrations.

MOBILE HOME: The term "mobile home" is used for factory-built homes produced before June 15, 1976, when the HUD code went into effect.

PERMANENTLY AFFIXED: A manufactured home which has the running gear and towing hitch or similar devices removed and is set up per manufacturer’s instructions on a permanent foundation with an anchoring system that is totally concealed under the structure and complies with the Department of Housing and Urban Development standards.

5. Permitting for Individual Manufactured Homes (Outside of Manufactured Home Parks)

a. Permit required; application.

No manufactured home in the Town of Greenville shall be located or remodeled until it has applied for and received a building permit, and met the requirements listed below.

b. Manufactured Home Development Standards

Manufactured homes must meet the development standards of the base zone, except on individual lots in manufactured dwelling parks that were created under the


provisions of this chapter. All manufactured homes outside of a manufactured home park shall conform to the following design and development standards:

(1) Location: No manufactured home may be placed on a lot which is occupied by another manufactured or mobile home or a residential, commercial, industrial, or other building with the exception of accessory buildings which are subordinate and incidental to the manufactured home.

(2) Ownership: The person(s) desiring to place a manufactured home within the Town shall own the real property upon which the home is to be placed.

(3) Nonconforming Manufactured Home: Existing manufactured homes in place and lawfully existing outside of a manufactured home park at the time this law is adopted may continue as a legal nonconforming use.

(4) Relocation: Existing manufactured homes that do not otherwise comply with these standards may be relocated to any other parcel in the Town of Greenville only after proper inspection to certify that they meet proper structural and safety standards.

(5) Design: Manufactured homes put in place in the Town of Greenville, whether new, used or refurbished, must comply with the following design and development standards:

(a) Dimensions. The manufactured home must be at least 900 square feet in floor area. Length must not exceed 5 times the width, which may be calculated using the measurements of a carport or an enclosed porch. Width must be at least 14 feet.

(b) Roof. The pitch of the roof must have a minimum vertical rise of one foot for each three feet of horizontal run. Any roofing material may be used provided it has the appearance of a non metallic shingle, shakes or tile which is commonly used in standard residential construction. Eaves from the roof must extend from the intersection of the roof and the exterior walls.

(c) Foundation. There must be a continuous, permanent foundation, unpierced except for required ventilation and access installed under the home. The foundation may be concrete or other material allowed by the Uniform Building Code. A foundation is anything a manufactured home rests upon including concrete block, poured concrete slab or other comparable materials. Crushed stone is not an acceptable foundation.

(d) Exterior siding. The exterior siding must be comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction such as wood, hardboard, vinyl or metal or any other material allowed by the Uniform Building Code.

(e) Hauling mechanisms. All mechanisms used to transport the manufactured home to the site including, but not limited to, the wheels, hitch, transporting lights and removable towing apparatus must be removed within 30 days of setup.


(6) Enforcement. The Code Enforcement Officer shall enforce all provisions of this ordinance.

c. Revocation of Permit

(1) If the Town Code Enforcement Officer finds that any manufactured home, located outside of a licensed manufactured home park is not being maintained in accordance with the provisions of these regulations, the Town may serve a written order upon the holder of the permit/owner of the manufactured home directing that the condition or conditions be remedied within thirty days after the date of the service of that order.

(2) If such condition or conditions are not corrected within thirty days the Code Enforcement Officer may revoke such permit.

6. Manufactured Home Parks

a. Standards for manufactured home parks

(1) All manufactured home parks constructed after the adoption of this ordinance must conform to the following standards:

(a) HUD Code Compliance: All manufactured homes shall bear an “Insignia of Compliance” indicating compliance with the Federal Manufactured Home Construction and Safety Standards and bear a date of manufacture. See 24 Code of Federal Regulations (CFR) 3280.

(b) Minimum Dwelling Unit Size: All manufactured homes shall exceed 900 square feet of gross floor area.

(c) Location: The manufactured home park must be located in areas where grades and soil conditions are suitable for use as a manufactured home park, on a well-drained site which is properly graded to insure rapid drainage and be free at all times from pools of water.

(d) Accessibility: Each mobile home park will be located so that is it easily accessible from a State or County Road. Where a mobile home park contains more than 16 lots two points of entry are required. Such exits and entrances will be designed at right angles to the existing public highway or street and be designed in such a way as to provide for safe and convenient movement into and out of the park.

(e) Manufactured Home Park Lots: Each Manufactured Home Park will be marked off into manufactured home park lots. Only one (1) manufactured home may be permitted to occupy one lot in a manufactured home park.

(f) Design Requirements: All manufactured home parks shall be subject to site plan review and require a permit which shall be reviewed annually. Site Plan review shall be conducted as part of the licensing process required in Subsection B below.

(g) Density: Housing density for manufactured home parks shall not exceed four units per acre.


(h) Minimum Site Area: The minimum site area shall be 15 acres for a manufactured home park. Clustering using conservation subdivision approach outlined in Article XIV: Subdivision of Land may be used to achieve a smaller footprint for the park.

(i) Lot Coverage: The maximum lot coverage of structures in the park shall not exceed 50% of the gross site area.

(j) Common Recreation Area: A minimum of 25% of the site area of the manufactured home park shall be reserved for recreation facilities to be used in common by park residents.

(k) Yard Requirements – Perimeter: The minimum yard requirements for the perimeter of a manufactured home park shall be as follows:

[1] Front Yard: The minimum front yard shall be 30 feet. Each yard abutting a public street shall be considered a front yard.

[2] Other Yards: All other yards shall be a minimum of 25 feet.

(l) Yard Requirements – Interior: The minimum yard and separation requirements for individual manufactured home lots not within the perimeter yards of a manufactured home park shall be as follows:

[1] Front Yard: The minimum front yard for an individual manufactured home lot shall be 10 feet from the edge of the sidewalk closest to the manufactured home.

[2] Structure Separation: The minimum separation between structures shall be fifty 50 feet.

(m) Streets and Sidewalks: All private streets within a manufactured home park shall conform to the Town road standards as outlined in Article XIV Subdivision of Land and these additional standards.

[1] Street Construction: All private streets shall have a crowned profile and shall be constructed of asphaltic concrete or Portland cement.

(n) Utilities: All utilities required must meet or exceed the regulations or requirements of the New York State Health and Sanitary Code and any other appropriate Federal, State or Local laws.

[1] Plans: All plans for water, sanitary sewer and storm drainage lines shall be approved by the Planning Board.

[2] Water: An adequate supply of pure water for drinking and domestic purposes must be supplied by pipes to all manufactured home lots.

[3] Sewer: Each mobile home lot will be provided with a sewer which will be connected to the mobile home to receive from such home all waste water. The sewer must be connected to a public or private sewer system so as not to present a health hazard. Sewer connections to unoccupied lots will be sealed to prevent the emission of any odors and creation of breeding places for insects.


[4] Storm Drainage: All storm water shall be collected on the site in a piped storm drainage system, unless otherwise approved by the Planning Board. Underground service connection shall be made from each manufactured home to the street gutter. Storm water from the manufactured home park shall be piped to a public storm drain line, if available. The owner/developer may be required to construct an off-site storm drainage system acceptable to the Planning Board.

[5] Electricity, Telephone & Television Cable: All electrical, telephone and television cable lines shall be located underground to the greatest extent possible.

[6] Refuse: Large metal or plastic garbage cans with tight fitting lids must be provided in quantities adequate to permit the disposal of garbage and rubbish. The cans must be kept in sanitary condition at all times. The cans must be located no further than 200 yards from a mobile home lot. Garbage and rubbish must be collected and disposed of on a weekly basis.

[7] Parking: Off-street parking spaces shall be required as follows: 2 space per lot or unit whichever is greater. Such spaces will have a minimum width of nine feet and a minimum length of twenty feet. In addition, one (1) space shall be provided for each vehicle used in connection with the facility. If no parking is provided on private streets, then 2 spaces must be provided for each 5 dwelling units for guest parking. Allowable on-street parking as described below may be counted as guest parking. All driveways for individual manufactured homes and off-street parking areas shall be paved with asphalt, concrete or Portland cement. No parking shall occur in a perimeter yard. All other parking requirements identified in Article XIV: Subdivision of Land also applies.

(o) Recreational Vehicles: Storage areas for vehicles, including motor homes, recreation trailers, boats, boat trailers or other similar vehicles or equipment shall not be located within 100 feet of the perimeter lot lines of a manufactured home park site. Recreation vehicle storage areas shall have a 10 foot yard between the storage area and the nearest structure. Said storage areas shall be screened from the view of adjacent structures by a sight-obscuring fence and landscaping as required in subsection 5.a. (1)(h) (x) and (xi) of this Law. Recreational Vehicles must be registered and insured at all times, under no circumstances may a recreational vehicle be used as storage of any kind.

(p) Landscaping: All land within a manufactured home park not paved or containing a structure shall be landscaped with grass, trees, shrubs or flowers in a manner that will enhance the residential character of the manufactured home park and surrounding neighborhood. All landscaping shall be maintained, said maintenance to include regular irrigation, mowing, removal of weeds and trimming and pruning as necessary.


(q) Perimeter Park Fencing: All yards, except the front yard, shall have a continuous permanently maintained perimeter fence separating the manufactured home park from the adjacent property. Common refuse areas and all other related park structures will also be property fenced. Said fence shall have a minimum height of 42 inches and a maximum height of 72 inches.

(r) Manufactured Home Design: All manufactured homes within a manufactured home park shall conform to the following design standards:

[1] Dimensions. The manufactured home must be at least 900 square feet in floor area. Length must not exceed 5 times the width, which may be calculated using the measurements of a carport or an enclosed porch. Width must be at least 14 feet.

[2] Roof. The pitch of the roof must have a minimum vertical rise of one foot for each five three feet of horizontal run. Any roofing material may be used provided it has the appearance of a non metallic shingle, shakes or tile which is commonly used in standard residential construction. Eaves from the roof must extend from the intersection of the roof and the exterior walls.

[3] Foundation. There must be a continuous, permanent foundation, unpierced except for required ventilation and access installed under the home. The foundation may be concrete or other material allowed by the Uniform Building Code for site built homes that are aesthetically compatible with the home and has the appearance of site built construction such as brick, concrete, or concrete block. A foundation is anything a manufactured home rests upon including concrete block, poured concrete slab or other comparable materials or foundations. Crushed stone is not an acceptable foundation.

[4] Exterior siding. The exterior siding must be comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction such as wood, hardboard or metal or vinyl or any other material allowed by the Uniform Building Code.

[5] Hauling mechanisms. All mechanisms used to transport the manufactured home to the site including, but not limited to, hitch, transporting lights and removable towing apparatus must be removed within 30 days of setup.

[6] Storage Sheds: One storage shed shall be allowed for each manufactured home. Storage sheds shall not exceed 200 square feet of gross floor area and shall be located adjacent to the manufactured home, deck or carport.

[7] Antennas: Satellite signal receiving antennas greater than three feet in diameter shall not be allowed unless such antenna is used to serve a centralized television signal distribution system in the


manufactured home park. Home television antennas and any satellite receiving antennas less than three feet in diameter shall be installed at the rear of the manufactured home to a height not to exceed 5 feet above the roof peak. No antennas shall be located in a perimeter yard.

b. Site Plan Review and Permitting

(1) All manufactured home park developments are subject to Site Plan review.

(2) Application for Site Plan approval and licensing shall be made to the Planning Board using forms supplied by and delivered to the Code Enforcement Officer.

(3) Upon receipt of an application, the Planning Board shall immediately send a copy of the application to the State Department of Health and request that it make an investigation of the proposed project for the purpose of determining if it would meet the standards required by the State Sanitary Code for Temporary Residences.

(4) For Site Plan review and approval, the Site Plan review procedures of Article X Site Plan Review shall be followed. In addition to the information required for Site Plan, the following information shall be required on the Site Plan:

a. The exact layout and dimensions of each manufactured home space.

b. The exact layout of all streets and driveways, their widths and the specifications of proposed construction.

c. The location of all required services and other improvements and facilities, such as playgrounds, swimming pools or recreation areas.

(5) Site Plan approval and issuance of permit

a. The site plan applications must be approved by the State Department of Health and the Planning Board. If such application is not approved, the Planning Board shall certify the reason for its action, and such decision shall be filed with the Town Clerk, who shall immediately notify the applicant of the decision of the Planning Board. A written decision of the Planning board is mandatory for all Manufactured Home Park permit requests.

(6) Assignment of Permit

A permit issued pursuant to the terms of this article shall be assignable only with the consent of the Planning Board.

(7) Issuance of Permit

The Planning Board, in considering approval, may follow the procedure provided in Subsections b (3)-(5) above for the issuance of a permit.

(8) Enforcement

The Code Enforcement Officer shall enforce all provisions of this Law.


(9) Supplemental Permit

Any person holding a permit for a manufactured home park desiring to add additional lots to such park must file for a supplemental permit. The application for such permit will follow all steps outlined in this section related to establishment of a new park.

(10) Revocation of Permit

(a) If the Code Enforcement Officer, upon inspection of a manufactured home park, finds that such park is in violation of any of the conditions of the permit, this law and/or is not being maintained in a clean and sanitary condition he or she shall notify in writing the holder of the permit or person in charge of the park of the specific violations and order immediate remediation. Such violations shall be remedied within 30 days after notification. If, after 30 days, such conditions remain unchanged or are not corrected in accordance with said order, the Code Enforcement Officer shall serve a notice in writing upon the park owner or the person in charge of such park, requiring the holder of the permit to appear before the Planning Board at a time to be specified in such notice and show cause why such permit should not be revoked.

(b) The Planning Board may, after a hearing at which testimony and witnesses of the Code Enforcement Officer and of the holder of such permit have been heard, revoke such permit if the conditions described in the original order have not been corrected in accordance with the terms of such order or if the holder of such permit has violated the regulations applicable to such park or has violated any of the provisions of this article or for other sufficient cause. Upon the revocation of such permit, the premises shall cease to be used for the purpose of such park, and all manufactured homes shall be removed.

7. Mobile Homes

All homes produced prior to June 15, 1976 are referred to in these regulations as mobile homes. The National Manufactured Housing Construction and Safety Standards Act of 1974, as amended June 15, 1976, 42 U.S.C. 5401(The HUD CODE) sets minimal performance standards for roof support strength, mechanical equipment, thermal performance, ventilation, safety, and other construction details that increased the quality of manufactured home units nationwide. The HUD Code went into effect to protect mobile home owners and tenants following significant and prevalent health and safety problems reported with mobile homes. In consideration of the health and safety problems known to be associated with mobile homes the following regulations are in place to protect owners, occupants and the community. The New York State Division of Housing and Community Renewal and Federal Rural Development Agency makes help and grant funds available for owners of mobile homes to replace mobile homes.

a. Inspection: No mobile home constructed prior to June 15, 1976 may be located, replaced, or moved to any lands situated within the Town of Greenville unless it is inspected by an agency or individual acceptable to the Code Enforcement Officer to determine that the home is structurally sound and free of heating and electrical system hazards. Written and signed documentation by the agency or individual


performing the inspection must be provided to the code enforcement officer prior to a building permit being issued. If the Code Enforcement Officer, upon review of the inspection report, finds that said mobile home is not structurally safe and free from heating and electrical system hazards it may not be located in the Town of Greenville. Any replacement mobile home must meet provisions of the manufactured home development standards.

b. Nonconforming Mobile Home: Existing mobile homes in place and lawfully existing in the Town of Greenville at the time this law is adopted may continue as a legal nonconforming use as long as they are structurally safe and free of electrical and heating system hazards.

K. Public accommodation uses including schools, assembly places, entertainment and recreation facilities, camps and campgrounds, theaters, community centers

1. Such use shall be adequately fenced and/or screened from any adjacent residential property, and lighting shall be directed away from adjacent property and the road.

2. The location and situation of all structures shall be satisfactory to the Planning Board relative to the visual character and travel safety along the roadway on which such facility fronts.


L. Public Utility

1. Such facility shall not be located on a residential roadway, unless no other site is available, and shall be so located as to necessitate minimal travel of service vehicles over residential roadways.

2. The location, design and operation of such facility shall not adversely affect the character of the surrounding area or development.

3. Adequate fences, barriers and other safety devices shall be provided, and the facility shall be screen-planted and landscaped in accordance with the provision of Article VII, Landscaping and Buffering.

M. Restaurants and Bars

1. No building or service area shall be closer than 100 feet of any existing residential structure in a LR zone.

2. Such use shall be adequately fenced and/or screened from any adjacent residential property, and lighting shall be directed away from adjacent property and the road.

3. The location and situation of all structures shall be satisfactory to the Planning Board relative to the visual character and travel safety along the roadway on which such use fronts.



N. Self Storage Units

1. No self-service storage structures shall be located within 300 feet from the front lot line in any residentially zoned or developed property.

2. No individual storage compartments shall exceed 8,000 cubic feet.

3. All lighting shall be directed toward and illuminate the site only and shall not intrude on any residentially zoned or developed property.

4. Circulation drives and aisles shall be a minimum of 24 feet in width and all corners shall provide a 50-foot turning radius to provide adequate access for fire-fighting vehicles.

O. Stables

1. The maximum number of horses permitted shall be limited to the keeping of 2 horses per acre of lot area.

2. Any fencing or exercise area or like ancillary facility shall be subject to the review and approval of the Planning Board.

P. Telecommunication Towers

1. General Standards

a. No transmission tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.

b. Transmission towers are permitted in accordance with Schedule A: Use Regulations.

c. Exceptions to these regulations are limited to:

(1) New uses which are accessory to residential uses,

(2) Lawful or approved uses existing prior to the effective date of these regulations,

(3) Amateur Radio Towers. All Amateur Radio Towers exceeding 35 Feet shall require a Special Use Permit.

d. Where these regulations conflict with other laws and regulations of the Town of Greenville, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.

2. Site Plan Application Requirements

a. Site plan review may take place in accordance with Article X of this Law. The site plan shall show all existing and proposed structures and improvements including roads and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennae and justification for any land or vegetation clearing.


b. Additionally, the Planning Board shall require that the site plan include a completed Visual Environmental Assessment Form (Visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the Visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF.

The consideration of alternative designs may be requested as part of the visual assessment such as flagpole technology, camouflaging such as silo, windmill, or simulated tree, installation of antennas on existing structures, or other designs that provide for mitigation of visual imports.

3. Shared Use

a. At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antenna on pre-existing structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other pre-existing structures as an alternative to a new construction.

b. An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes including real property acquisition or lease required to accommodate shared use.

c. In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.

4. Setbacks

A proposed communication or broadcast tower shall be separated from all the boundary lines on the lot on which it is located by a distance equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) according to the requirements for that zone as stated in the Article III, Schedule B: Dimensional Standards of this Law (i.e., the tower height plus the front yard setback equals the total required setback from the front lot line). Additionally, the base of any guy wire shall be subject to the normal setback requirements of the underlying zone in which the proposed tower is to be sited.

5. Visibility

a. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.

b. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall meet all painting standards as required by the FAA. In all cases, structures offering slender silhouettes


(i.e. monopoles or guyed tower) shall be preferable to free-standing structures except where such free-standing structures offer capacity for future shared use. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

c. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

6. Existing Vegetation

Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding 4 inches in diameter (measured at a height of 4 feet off the ground) shall take place prior to approval of the special permit use. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

a. Screening

Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas.

b. Access and Parking

A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the top of fill, the top of cuts, or no more than ten feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objective of this subsection.

c. Height

The maximum permitted height of a communication tower, monopole or any structure constructed for the purpose of locating antennas or telecommunications devices, shall be as follows:

(1) 85 feet for a single user or operator.

(2) 95 feet for two users or operators; and

(3) A maximum height of 135 feet for up to 5 users or operators.

The applicant must demonstrate to the satisfaction of the Planning Board that the proposed height and bulk of a communication or broadcast tower on monopole is the minimum height and bulk necessary to provide service to meet the applicant's communication needs within the Town's boundaries and the visual or aesthetic impact has been minimized to the greatest extent practicable.

Notwithstanding the above, the Planning Board may, in its discretion and where same shall encourage co-location, require that the height of the tower be increased, up to the maximum height allowable herein. The applicant shall


present a long-range conceptual plan for other sites in the vicinity of the proposed facility site to illustrate the effect of variations in tower height and bulk on the number, location and co-location of additional antennas, towers and facilities.

7. Authority to Impose Conditions

The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication tower special use permit or site plan.

a. Removal Upon Abandonment

Such conditions shall include provisions for dismantling and removal of towers and accessory facilities upon abandonment of use. The terms of any approval for a communication tower and facilities, shall require the applicant to deposit with the Town an amount in an escrow account or performance bond sufficient to remove the tower, antenna and associated facilities. Such amount shall be arrived at based upon the recommendation of the Town's engineer and other appropriate professionals, including the applicant's engineer. Said funds shall be deposited in a separate, interest bearing account and shall not be utilized for any purpose except as herein stated. The interest earned on said funds, upon the written request of the applicant, shall be returned to applicant on an annual basis or be utilized by the applicant for the maintenance of the tower and facility. The Town shall review the sufficiency of the amount in escrow to complete the removal of the tower and facility and shall require an additional amount to be deposited in the event a determination is made that the cost of the removal is more than what is currently in the escrow account based upon the recommendation of the Town's engineer and other appropriate professionals including the owner/operator's engineer. The Town shall not utilize the escrow funds herein to remove the tower and facility unless the same has been abandoned and the applicant or its successors in interest failed to remove the facility after more than 30 days following a written demand by the Town to do so. The owner, applicant and/or its affiliate shall be liable for all applicable penalties and fines independent of any amount remaining escrow.

In the event that the use of a communication or broadcast tower and facilities has been discontinued for a period of 120 consecutive days or more, or the owner/operator notifies the Town of its intention to discontinue its use thereof, the facility shall be deemed to be abandoned. If there are two or more operators of users of a communication or broadcast tower facility, then this provision shall become effective only when all users have discontinued use of said facility. The Building Inspector shall make a periodic inspection of the premises, at least annually. The Building Inspector shall make a determination of the date of abandonment and shall request documentation from the owner or operator of the facility regarding usage within 5 business days of the determination of abandonment.

8. Reimbursement of Review Costs

The applicant shall be required to establish an escrow account to reimburse the Town of Greenville for the legitimate costs of review associated with the use of professionals qualified to review the required plans, reports and other technical information submitted in support of an application for a communication or broadcast tower and facility. The


initial amount of the establishment of the escrow account shall be determined on a case-by-case basis as 1% of the estimated overall cost to erect the proposed tower and facility but in no case shall be less than $3,000 or an amount estimated by the Planning Board to be reasonable and necessary to cover the cost of review to be incurred by the Town. An estimate of the approximate costs of review services shall be provided by all necessary reviewing professionals assisting the Town in such reviews. The town shall submit an itemized bill to the applicant at least twenty days prior to any deduction of such amount billed from the escrow account and shall engage in a good faith effort to settle any dispute which may arise regarding such replenishment of the escrow account established hereunder. Upon completion of the application and review process, any balance remaining in the escrow account shall be refunded to the applicant within thirty days of the submission of any payment of finals bill by the Town and payment in full of all application and approval fees.

9. Alteration of an Existing Communication Tower, Antenna or Related Structure

Alteration of an existing communication or broadcast tower or monopole, antenna or any related building or other structure or improvement, including a plan for the co-location of facilities, a change in the use of said facility, or a change in the type(s) of antenna(s), or an increase in the size, height or bulk of the antenna(s) or tower, or an increase in the type or intensity of lighting, or reduction of any of the improvements related to screening of the facility, shall be subject to the requirements of this Article.

10. Change of Identity of Parties

In the event that the identity of any party to the initial or any subsequent application changes or their interest in the project is assigned, conveyed or transferred the Town shall be notified of all parties' names, addresses, and telephone numbers within 120 days of such change, assignment, conveyance or transfer.

Q. Wind Energy Facilities, Commercial (Wind Farms and Single Commercial)

1. Purpose

The purpose of the ordinance is to provide a regulatory scheme for the construction and operation of Commercial or Utility Scale Wind Energy Facilities in the Town of Greenville, subject to reasonable restrictions, which will preserve the public health and safety of the Town’s residents.

The Town of Greenville finds that wind energy is an abundant, renewable and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Wind energy systems also enhance the reliability and the power quality of the power grid, reduce peak power demands and help diversify the state’s energy supply portfolio.

2. Definitions

COMMERCIAL WIND ENERGY FACILITY (WIND FARM): An energy facility that consists of more than one utility scale wind turbines or other such devices producing greater than 100 kilowatts of rated capacity and their related or supporting facilities that


produce electric power from wind. This definition does not include small wind energy systems or a single commercial wind energy system.

SINGLE COMMERCIAL WIND ENERGY SYSTEM. A single wind turbine producing greater than 100 kilowatts of rated capacity.

TEMPORARY METEOROLOGICAL TOWERS (MET TOWERS): Used in the early stages of a large scale wind development project, a Met Tower is equipped with instrumentation, which collect wind data at various heights to ensure suitable wind speeds for wind energy projects.

3. Applicability.

Prior to the issuance of a building permit for a commercial or utility scale wind energy facility in excess of 35 feet in height in the Town of Greenville, a site plan review in accordance with Article X will be required. No commercial wind energy facility shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations and with Article XI, Special Use Permits.

4. Permitted Uses

Commercial Wind Energy Facilities are permitted upon granting of a special permit within the Rural Residential districts. A Single Commercial Energy System is permitted by special permit in all zoning districts.

5. Submission Requirements for a Special Use Permit. The following elements shall be included in the submission:

a. The applicant and landowner’s name and contact information.

b. The tax map numbers, existing use and acreage of the site parcel.

c. A survey map at an appropriate scale showing the proposed location of the wind energy facility (including access roads) as it relates to the boundaries of the parcel, adjacent ownerships and existing structures within 2,000 feet.

d. A survey map at an appropriate scale showing any federal, state, county or local parks, recognized historic or heritage sites, state-identified wetlands or important bird areas as identified in federal, state, county, local or New York Audubon’s Geographic Information Systems (GIS) databases or other generally-available documentation.

e. Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access roads, and including an engineering analysis and certification of the tower, showing compliance with the applicable building code.

f. Data pertaining to the tower’s safety and stability, including safety results from test facilities.

g. Proposal for landscaping and screening. Appropriate landscaping is required to keep the site in a neat and orderly fashion. Appropriate screening is also required to screen accessory structures from adjacent residences.


h. A Full Environmental Assessment Form (“EAF”) (Appendix A to 6 NYCRR 617.20) and Visual EAF Addendum Form (Appendix B to 6 NYCRR 617.20) prepared in accordance with the State Environmental Quality Review Act.

i. Digital elevation model-based project. A project visibility map, based on a digital elevation model, showing the impact of topography upon visibility of the project from other locations, to a radius of three miles from the center of the project. The scale used shall depict the three mile radius as no smaller than 2.7 inches, and the base map used shall be a published topographic map showing man-made features, such as roads and buildings.

j. View representations showing the height and breadth of the commercial wind energy facilities shall be created using pre-construction color photographs. These photographs shall be taken from locations within a three-mile radius from the site and computer-enhanced to simulate the appearance of the post-construction site facilities as they would appear from these locations.

6. Standards of Review

a. Safety

(1) The minimum distance between the ground and any part of the rotor blade system shall be 3030 feet.

(2) All access doors to wind turbine towers and electrical equipment shall be lockable.

(3) Appropriate warning signage shall be placed on wind turbine towers, electrical equipment and wind energy facility entrances.

(4) Use the minimum lighting necessary for safety and security purposes and use techniques that may be available to prevent casting glare from the site, except as otherwise required by the FAA or other applicable authority.

(5) All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

(6) Prior to issuance of a building permit, the applicant shall provide the Town proof of a level of insurance to be determined by the Town Board in consultation with the Town’s insurer, to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility.

(7) Any wind energy system found to be unsafe by the Code Enforcement Officer shall be repaired by the owner to meet federal, state and local safety standards or removed within six months. If any wind energy system is not operated for a continuous period of 12 months due to operational difficulty, the Town will notify the landowner and/or operator by certified mail and provide 45 days for a response. In such a response, the landowner or operator shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Town deems the timetable for corrective action as unreasonable, they must notify the landowner and/or operator and such


landowner and/or operator shall remove the turbine within 120 days of receipt of notice from the Town.

b. Siting and Installation

(1) Commercial wind energy facilities shall use existing roads to provide access to the facility site, or if new roads are needed, minimize the amount of land used for new roads and locate them so as to minimize adverse environmental impacts.

(2) Commercial wind energy facilities shall combine transmission lines and points of connection to local distribution lines.

(3) Commercial wind energy facilities shall be connected to existing substations, or if new substations are needed, minimize the number of new substations.

(4) All wiring between wind turbines and the wind energy facility substation shall be underground.

(5) The wind power generation facility, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility’s current service regulations applicable to wind power generation facilities.

(6) Any construction involving agricultural land shall be done according to the NYS Department of Agriculture and Market guidelines for agricultural mitigation for wind power projects, as available.

c. Setbacks.

(1) Each wind turbine shall be setback from the road, rear and side property lines a minimum of 300 feet plus the height of the structure including the rotor radius. The planning board may waive setback requirements from adjacent property lines if such adjacent properties are also participating in the siting of the wind energy project.

(2) No part of the wind turbine’s support system, including guide wires and anchors may extend closer than 25 feet to the property boundaries of the installation site.

(3) Each wind turbine shall be setback from residential structures, a minimum of 1000 feet unless the residential owner agrees to a lesser setback of 300 feet plus the height of the structure.

(4) The wind power generation facility, if interconnected to a utility system, shall meet the requirements for interconnection and operation, as set forth in the electric utility’s then current service regulations applicable to wind power generation facilities.

d. Sound.

(1) Individual wind turbine towers shall be located so that the level of noise produced by wind turbine operation shall not exceed 55 dBA per turbine,


measured at the site property line. When determining the level of sound, measurements shall be averaged over a twenty-four hour period of time.

(2) The applicant shall minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by any wind energy facility.

(3) No individual tower facility shall be installed in any location where its proximity with fixed broadcast, retransmission or reception antenna for radio, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.

e. Environmental and Visual

(1) Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.

(2) The design of the buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(3) “Appropriate” landscaping shall be provided to screen accessory structures from roads and adjacent residences.

(4) Where wind characteristics permit, wind towers shall be set back from the tops of visually prominent ridgelines to minimize the visual contrast from any public access.

(5) Towers shall be designed and located to minimize adverse visual impacts from neighboring residential areas, to the greatest extent feasible.

(6) Avoid, to the extent practicable, the creation of artificial habitat for raptors or raptor prey, such as a) electrical equipment boxes on or near the ground that can provide shelter and warmth, b) horizontal perching opportunities on the towers or related structures or c) soil where weeds can accumulate.

Wind turbines shall be set back at least 2,500 feet from Important Bird Areas as identified by New York Audubon and at least 1,500 feet from State-identified wetlands. These distances may be adjusted to be greater or lesser at the discretion of the Planning Board, based on topography, land cover, land uses and other factors that influence the flight patterns of resident birds.

7. Authority to Impose Conditions

The authorized board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed wind energy facility special use or site plan.

8. Enforcement and Removal

a. Removal Upon Abandonment

The applicant shall submit to the Planning Board a letter of intent committing the


wind power generating facility owner, and his/her successors in interest, to notify the Building Inspector and/or Code Enforcement Officer within 30 days of the discontinuance of the use of the wind generating facility. This letter shall also be filed with the Building Inspector and/or Code Enforcement Officer prior to issuance of a permit assuring the wind generating facility is approved according to this section by the Planning Board. Obsolete or unused wind turbine towers and accessory structures shall be removed from any site within 4 months of any such notification. Removal shall include any concrete to a depth of 3 feet. Failure to notify and/or remove the obsolete wind turbine tower and associated accessory structures in accordance with these regulations shall be in violation of this chapter and shall be punishable according to this Law. A bond certificate shall be required to be maintained at all times to cover the cost of demolition in the case of abandonment of the wind power generating facility by the owner/operator.

Such amount shall be arrived at based upon the recommendation of the Town's engineer and other appropriate professionals, including the applicant's engineer. The Town shall review periodically the sufficiency of the bond amount to complete the removal of the facilities.

b. In the event that the use of commercial wind energy facilities shall cease to be used for a period in excess of 6 months, the Town Code Enforcement Officer shall issue a Notice to the owner thereof requiring that the owner either remove or recommence use of the facility within 4 months of the date of such Notice.

c. Upon any failure to remove or recommence use of such facility the matter shall be referred to the Town Attorney who shall cause to be served upon the owner a Notice, either personally or by registered mail, addressed to the last known address, if any of the such owner containing a description of the premises and the requirement that the subject matter facility must be removed or use thereof recommenced within 30 days. If such service is made by registered mail, a copy of such Notice shall be posted on the premises by the Code Enforcement Officer.

d. A copy of such notice shall be filed in the office of the County Clerk, which notice shall be filed by the clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and rules and shall have the same effect as otherwise provided therein. The notice shall provide for a hearing before the Town Board, and the time and place thereof shall be specified in the notice. The Town Board shall make a determination whether such facility has not been utilized during the relevant time period and if so, that such facility shall be removed by the Town.

e. Following such determination, the Town Board may cause the removal of such facility without further notice to the owner.

f. All costs and expenses incurred by the Town in connection with any and all of the above proceedings to remove, including the cost of actually removing said facility, shall be assessed against the established bond.

9. Reimbursement of Review Costs.

The applicant shall be required to establish an escrow account to reimburse the Town of Greenville for the legitimate costs of review associated with the use of professionals qualified to review the required plans, reports and other technical information submitted


in support of an application for a commercial wind energy facility. The initial amount of the establishment of the escrow account shall be determined on a case-by-case basis as 1% of the estimated overall cost to erect the proposed tower and facility but in no case shall be less than $3,000 or an amount estimated by the Planning Board to be reasonable and necessary to cover the cost of review to be incurred by the Town. An estimate of the approximate costs of review services shall be provided by all necessary reviewing professionals assisting the Town in such reviews. The Town shall submit an itemized bill to the applicant at least five days prior to any deduction of such amount billed from the escrow account and shall engage in a good faith effort to settle any dispute which may arise regarding such replenishment of the escrow account established hereunder. Upon completion of the application and review process, any balance remaining in the escrow account shall be refunded to the applicant within thirty days of the submission of any payment of finals bill by the Town and payment in full of all application and approval fees.

R. Wind Energy System, Small

1. Purpose and Findings

The purpose of this section is to provide a regulatory scheme for the construction and operation of Small Wind Energy Systems in the Town of Greenville, subject to reasonable restrictions, which will preserve the public health and safety of the Town’s residents.

The Town of Greenville finds that wind energy is an abundant, renewable and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Wind energy systems also enhance the reliability and the power quality of the power grid, reduce peak power demands and help diversify the state’s energy supply portfolio.

2. Definitions

ON GRID SYSTEM: The turbine and load it serves (i.e. house) are connected to the transmission grid. The house receives its electricity from the turbine when wind is available and from the grid when backup is needed.

OFF GRID SYSTEM: The turbine and load it serves are not connected to a larger electrical network. These usually have some form of energy storage device (i.e. batteries) to supply reserve power when energy demand exceeds wind supply.

SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, or similar technology, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce on-site consumption of utility power.

TOWER HEIGHT: The height above grade of the fixed portion of the tower, excluding the wind turbine itself.

3. Applicability

a. Small Wind Energy Systems 60 feet or less are permitted upon granting of a building permit within all zoning districts.


b. Small wind energy systems greater than 60 feet in height shall require Site Plan Approval from the Planning Board.

4. Submission Requirements

The following elements shall be included in the submission:

a. The applicant and landowner’s name and contact information.

b. The tax map numbers, existing use and acreage of the site parcel.

c. Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access roads, and including an engineering analysis and certification of the tower, showing compliance with the applicable building code.

d. Data pertaining to the tower’s safety and stability, including safety results from test facilities.

e. Proposal for landscaping and screening. Appropriate landscaping is required to keep the site in a neat and orderly fashion. Appropriate screening is also required to screen accessory structures from adjacent residences.

f. A Short Environmental Assessment Form (“EAF”) (Appendix C to 6 NYCRR 617.20) prepared in accordance with the State Environmental Quality Review Act.

5. Tower Height.

For property sizes between 0.5 acre and one acre the tower height shall be limited to 80 ft. For property sizes of one acre or more, there is no limitation on tower height, except as constrained by requirements of this article and other regulatory agencies.

6. Setback.

Setbacks shall be a minimum of 50 feet from the center of the road plus the height of the unit (tower and rotor). Side and rear setbacks shall be a minimum of 10 feet plus the height of the unit (tower and rotor).

7. Sound.

Small wind energy systems shall not exceed 55 dBA, as measured at the closest neighboring dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. When determining the level of sound, measurements shall be averaged over a twenty-four hour period of time.

8. Safety

Wind turbine towers shall not be climbable up to 15 feet above ground level.

9. Compliance with Regulations.

a. Small wind turbines must have been approved under any other small wind certification program recognized by the American Wind Energy Association.

b. Compliance with Uniform Building Code: Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the


tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.

c. Compliance with FAA Regulations: Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

d. Compliance with National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.

10. Utility Notification.

No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

11. Multiple Turbines.

In the event of multiple small wind turbines, each turbine, or the resulting aggregate installation, must meet the sound, setback and safety requirements as exist for other structures.

12. Removal

If the small wind energy system is inoperable after 12 months, the owner must remove the tower within 60 days.


ARTICLE IX: NON-CONFORMING USES AND STRUCTURES

A. Non-conforming uses and Structures

1. Continuation.

a. The lawful use of any structure or land existing at the time of the enactment of this Local Law may be continued although such use does not conform with the provisions of this Law.

b. Any building or structure, for which a valid building permit was lawfully issued prior to the adoption of this Law, may be completed and used in accordance with the plans and specifications for such building or structure.

c. Any pre-existing legal use which is allowable by Special Permit under this Law, but which has not been issued a Special Permit, shall be considered a permitted use. The expansion of such a use, other than a single-family or two-family residence, shall require Site Plan approval, unless such expansion has been permitted by a prior site plan approval.

2. Discontinuance.

Whenever a structure or land used for or occupied by a non-conforming use has been discontinued for a period of one year, such use shall not thereafter be used or occupied as a non-conforming use except as provided in Subsection 3(c).

3. Re-establishment, Improvements or Changes.

a. Any change of use, change of building dimensions or addition to an existing non-conforming building, use, or accessory use shall require a special use permit. In acting on such Special Permit, the Planning Board, shall to the extent practicable, apply the current supplemental regulations, design standards and landscaping and buffering which apply to such use.

b. The Planning Board may issue a Special Permit for the re-establishment of a non-conforming use after the one-year period has expired if the applicant has been prevented from continuing the use during the one-year period due to strikes, acts of God, disability, or other similar hardship beyond the applicant's control. In acting on such Special Permit, the Planning Board, shall to the extent practicable, apply the current supplemental regulations, design standards and landscaping and buffering which apply to such use.

c. A non-conforming structure or use may be rebuilt in the event of its total or partial destruction caused by fire, flood, wind or other act of God or man, provided that the structure occupy the same or a lesser footprint including bulk and area, and may not exceed the original height of the totally or partially destroyed structure. The structure may also be rebuilt twenty percent (20%) larger if the structure meets the setback requirements. Such rebuilding shall require Site Plan review by the Planning Board. The restoration or rebuilding shall be commenced within 6 calendar months of such occurrence and be completed within 24 calendar months.

4. Improvements and Expansions.


a. A non-conforming use or structure shall be maintained and shall not constitute a danger to the health, safety or general welfare of the public.

b. Any owner of an existing non-conforming mobile home who desires to substitute a single-family home, a mobile home of superior construction or to improve the facilities for the existing mobile home, such substitution or improvement shall be considered to a continuation of such nonconforming use, and shall comply with the regulations set forth herein.

B. Existing Undersized Lots

Lots of record at the time of adoption of this Local Law whose size or depths are less than the specified minimum requirements set forth herein shall be deemed to meet the minimum size regulations of this law. No new lot shall be created which does not meet the minimum lot size regulations of this Local Law.


ARTICLE X: SITE PLAN REVIEW

A. Applicability

1. In all zones, prior to the issuance of a building permit for any structure or group of structures, excepting a single-family or two-family dwelling and its accessory uses and lands used in agricultural production, as defined by the New York State Agriculture and Markets Law, Article 25AA, Agricultural Districts, §301, Definitions, the Code Enforcement Officer shall require the preparation of a site plan.

2. The requirements of Article X may be waived, however, for applications approved under Article XI, Article IV and Article XIV, Subdivision of Land, when, in the determination of the Planning Board, the requirements of this section have been adequately addressed through other provisions contained in this law.

B. Sketch Plan

A sketch plan conference shall be held between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the detailed site plan. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed.

1. An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets, rights-of-way, and easements within 200 feet of the boundaries thereof.

2. A rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs and other planned features.

3. A map of site topography at no more than 20 feet contour intervals. If general site grades exceed 5 percent or portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than 5 feet of elevation should also be provided.

4. For residential structures or structures accessory to residential uses, the applicant need provide plans with such specificity as will enable the board to determine compatibility in accordance with Subsection (D), Preservation Review below. Such applicants are otherwise not required to comply with the requirement of this paragraph.

C. Application for Detailed Site Plan Approval

An application for detailed site plan approval shall be made in writing to the Chairman of the Planning Board. An application will be considered complete when all the following is received by the Planning Board.

1. A completed "Application for Site Plan Review" form.

2. A completed Environmental Assessment form or Draft Environmental Impact Statement, as required by the Planning Board under the NYS Environmental Quality Review Act (SEQR).

3. Certified property survey with metes and bounds description.


A detailed site plan prepared by a licensed land surveyor or professional engineer or architect which shall contain information from the following checklist, as determined necessary by the Planning Board at the Sketch Plan Conference. Subsection 3,6,7,8,9,14 and 24 below are especially important components of the application for the H zones and where Article VI, Design Standards apply.

a. Site Plan Checklist

(1) Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

(2) North arrow, scale and date.

(3) Boundaries of the property plotted to scale.

(4) Existing watercourses and other existing natural features, i.e. stone walls, etc.

(5) Grading and drainage plan, showing existing and proposed contours.

(6) Location, design, type of construction and proposed use and height of all structures.

(7) The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.

(8) Texture, materials and their relation to similar features of other properties in the neighborhood.

(9) Details of the subject structure, including proportion of the property’s front facade, proportion and arrangement of windows and other openings with the facade, roof shape and the pattern of spacing of properties on street, such as setback distances.

(10) Building elevations, drawn to scale, from all sides.

(11) Location, design and construction materials of all parking and truck loading areas, showing access and egress.

(12) Provision for pedestrian access.

(13) Provision for handicap accessibility.

(14) Location of outdoor storage, if any.

(15) Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.

(16) Description of the method of sewage disposal and location, design and construction materials of such facilities.

(17) Description of the method of securing public water and location, design and construction materials of such facilities.

(18) Location of fire and other emergency zones, including the location of fire hydrants.


(19) Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.

(20) Location, size and design and construction materials of all proposed signs.

(21) Location and proposed development of all buffer areas, including existing vegetative cover.

(22) Location and design of outdoor lighting facilities.

(23) Designation of the amount of building area proposed for retail sales or similar commercial activity.

(24) General landscaping plan and planting schedule.

(25) Location, size and details of any designated wetlands or flood plains on property, if applicable.

(26) Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state, county or local permits required for the project's execution.

(27) Proposed location of all items intended to be stored outside; plan for maintenance of clean and neat appearance of said premises.

b. Required Fee

The required fees are set forth in the Fee Schedule.

D. Preservation Review

Prior to the issuance of a building permit in the Hamlet District, the Code Enforcement Officer shall require a certificate of appropriateness from the Planning Board.

1. The application for a certificate of appropriateness shall contain:

a. Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

b. Boundaries of the property plotted to scale.

c. Location, design, type of construction and proposed use and height of all structures.

d. The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.

e. Texture, materials and their relation to similar features of other properties in the neighborhood.

f. Details of the subject structure, including proportion of the property's front facade, proportion and arrangement of windows and other openings with the facade, roof shape and the pattern of spacing of properties on street, such as setback distances.

g. Building elevations, drawn to scale, from all sides.

h. Location of outdoor storage, if any.


i. The applicant shall pay a fee at the time of application, to be set by the Town Board.

2. Planning Board Review

a. No proposed construction or alteration shall be approved unless it is deemed compatible with the historic architecture of the Hamlet District. The historic architecture of the Hamlet District shall be considered to be Victorian, Colonial, or Colonial Revival, Italianate and Arts & Crafts. In applying the principle of compatibility, the Planning Board shall consider the following:

(1) The general design, character, and appropriateness to the property of the proposed alteration or new construction.

(2) The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.

(3) Texture, materials and their relation to similar features of other properties in the neighborhood.

(4) Visual harmony with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other opening with the facade, roof shape and the pattern of spacing of properties on street, such as setback distances.

(5) The importance of historic, architectural, or other features to the significance of the property.

b. Nothing in this local law shall be construed to prevent any maintenance or repair which does not require a building permit.

c. Strict adherence to the front yard depth requirements shall be waived where the applicant or Planning Board can show that a modified front yard size is more appropriate to preserve the character of the area.

3. Public Hearing

The Planning Board shall conduct a public hearing on the application for certification of appropriateness. Such public hearing shall be conducted within 62 days of the receipt of the complete application for site plan review and shall be advertised in a newspaper of general circulation in the Town at least 5 days before the public hearing. The applicant shall also be required to provide written notice, return receipt requested, of the public hearing to all owners of land adjacent to the subject parcel at least ten days before the public hearing. Adjacent landowners shall include landowners on both sides of the road.

4. Planning Board Action

Within 62 days of the public hearing, the Planning Board shall act on the application. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the detailed site plan is approved, disapproved or approved with modification. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board.

The Planning Board's statement may include recommendations of desirable modifications to be incorporated, conformance with which shall be considered a condition of approval. If


the application plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the proposal and resubmission to the Planning Board after it has been revised or redesigned.

E. Planning Board Review

1. The Planning Board shall consider the following general considerations:

a. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

b. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

c. Location, arrangements, appearance and sufficiency of off-street parking loading.

d. Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

e. Adequacy of storm water and drainage facilities.

f. Adequacy of water supply and sewage disposal facilities.

g. Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including a maximum retention of existing vegetation.

h. In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.

i. Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.

j. Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.

k. Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

2. Consultant Review

The Planning Board may consult with the Building Inspector, Town Engineer, fire commissioners, conservation council, highway superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies including, but not limited to, the Soil Conservation Service, the State Department of Transportation, State Health Department, and the State Department of Environmental Conservation. Costs associated with the review of the site plan by the Planning Board and/or its designated consultants, shall be charged to the applicant. Such costs will be due and payable to the Planning Board prior to the incurrence of said expense. To determine such costs beforehand, the Planning Board will determine the scope of the consultant's review of the site plan and will forward the site plan to the consultant. The consultant will prepare an estimate of the cost of the review and will forward it to the Planning Board. The Planning Board shall charge the applicant accordingly.


3. Public Hearing

The Planning Board shall conduct a public hearing on the detailed site plan. Such public hearing shall be conducted within 62 days of the receipt of the complete application for site plan review and shall be advertised in a newspaper of general circulation in the Town at least 5 days before the public hearing. The applicant shall also be required to provide written notice, return receipt requested, of the public hearing to all owners of land adjacent to the subject parcel at least five days before the public hearing. Adjacent landowners shall include landowners on both sides of the road.

F. Planning Board Action

Within 62 days of the public hearing, the Planning Board shall act on it. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the detailed site plan is approved, disapproved or approved with modifications. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board.

The Planning Board's statement may include recommendations of desirable modifications to be incorporated and conformance with said, modifications shall be considered a condition of approval. If the detailed site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and re-submission to the Planning Board after it has been revised or redesigned. If further study is not recommended, and the Planning Board does not act within 62 days, the detailed site plan is approved.

G. Miscellaneous Policies

1. Performance Guarantee

No certificate of occupancy shall be issued until all improvements shown on the approved detailed site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board after consultation with the Code Enforcement Officer or other competent persons.

2. Inspection of Improvements

The Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate.

3. Preparation of an "As Built Plan"

The applicant shall cause an "as built plan" to be prepared and submitted to the Planning Board by a licensed land surveyor or professional engineer. Such "as built plan" will show, to scale, all proposed site improvements as they were built, as compared to the way they were submitted and approved on the detailed site plan. All cost associated with the preparation and submittal of the "as built plan" shall be the responsibility of the applicant.

4. Integration of Procedures

Whenever the particular circumstances of a proposed development require compliance with any other Town Law, Ordinance, or regulation, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this Article with the procedural and submission requirements for such other compliance.


ARTICLE XI: SPECIAL USE PERMITS

A General Procedures and Provisions

1. All uses of land listed in Schedule A as Special Uses shall be allowed upon issuance of a Special Use Permit by the Planning Board.

2. Applications for Special Use Permits shall be filed with the Code Enforcement Officer, who shall forward the application to the Planning Board for decision.

3. A plan for the development of a Special Use shall be submitted with each Special Use Permit application. The plan shall show the location of all structures, parking areas, traffic access and circular drives, open spaces, landscaping, topography, special features, and any other information, including such information about neighboring properties, as may be necessary to determine and provide for the enforcement of this Law.

4. To cover the cost of processing Special Use Permits and applications, an application fee in accordance with the Schedule of Fees as promulgated by the Town Board of Greenville, New York shall accompany any application for a Special Use Permit, and shall be in addition to the Zoning Permit fee as described in this Law.

5. A Special Use Permit shall be deemed to authorize only one particular Special Use, and such permit shall be considered null and void if, within one year from the date of issue all improvements required for this Special Use are not completed, and if the Special Use shall cease for more than one year for any reason, unless otherwise provided by the Planning Board.

6. The Planning Board may attach conditions, limitations and safeguards to the Special Use Permit as are necessary to assure continual conformance to all applicable standards and requirements.

7. A use authorized by Special Use Permit may be revoked by the Planning Board if it is found and determined that there has been a failure of compliance with any one of the terms, conditions, limitations, and requirements imposed by said permit.

8. The Planning Board shall hold a public hearing on the Special Use within 62 days of the filing of a complete and proper Special Use Permit application. Said public hearing shall be advertised in the newspaper of general circulation in the Town at least 5 days before the public hearing. The applicant shall also be required to send written notice, return receipt requested, of the public hearing to all owners of land adjacent to the parcel at least 10 days before the public hearing. Adjacent landowners shall include landowners on both sides of the road.

9. The Planning Board shall render its decision within 62 days of the public hearing. Decisions of the Planning Board shall be in writing and shall specify the particular conditions for such approval or the grounds for denial.

B. Standards for all Special Use Permits

1. The location, nature and height of the buildings, walls and fences and the nature and intensity of the intended operations, will not discourage the appropriate development and use of adjacent land and buildings nor impair the value thereof.


2. All proposed buildings, structures, equipment, and/or material shall be readily accessible for fire, emergency services and police protection.

3. Safe, convenient and adequate vehicular and pedestrian access to and from the use through adequate, but not excessive, points of ingress and egress having sufficient width, proper grading and alignment, clear visibility and sufficient setback from street corners and places of public assembly.

4. Adequate off-street parking and loading areas in accordance with Article V, Subsection (D), Parking Regulations, so as to provide safe and convenient circulation.

5. Locations and heights of buildings shall be such that the Special Use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

6. Landscaping and screening of parking, loading and service areas so that such areas are screened all seasons of the year from the view of adjacent lots and streets.

7. The character and appearance of the proposed use, buildings, structures, lighting, and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood.

8. Uses shall not be more objectionable to nearby properties by reason of noise, fumes, odors, vibration or light than would the operations of any permitted principal use. In addition, uses shall not adversely affect the general welfare of the inhabitants of the Town of Greenville, such determination to be made by the Town Planning Board.

9. Except for pre-existing non-conforming lots of record, uses shall meet the prescribed area and bulk requirements for the district in which it is located and as further specified in the Use and Bulk Tables.

10. If the land involved in the special permit request lies within 500 feet of a farm operation located in a New York State Agricultural District or the boundary of another municipality, the applicant shall also mail at least 10 calendar days prior to the public hearing to the municipal clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.

11. The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.

12. Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a Special Permit application

13. Expiration: A Special Use Permit shall expire if the use or uses cease for more than one year, or if a time limit imposed on certain Special Use Permits expires without renewal.

Revocation: A special use permit may be revoked by the planning Board, after public hearing, if it is found and determined hat here has been a substantial failure to comply with any of the

terms, conditions, limitations and requirements imposed by the permit.


ARTICLE XII: DEMOLITION PERMITS

A. Purpose

The purpose of this article is to ensure that the historic character of the town’s hamlets and historic buildings is preserved through the retention of the existing contributing buildings. It is therefore the intent of this article to preserve and retain buildings with historic character or features within the hamlet whenever possible through careful review of demolition permits.

B. General Procedures and Provisions

No demolition permit shall be issued by the Building Inspector/Code Enforcement Officer permitting demolition in a Hamlet Zoning district without approval by the Planning Board except where the Building Inspector/Code Enforcement Officer finds that demolition is necessary in the interest of the safety and welfare of the public.

The Planning Board review shall be based on the principle that properties which contribute to the character of the district in which they are located shall be retained and preserved with their historic features altered as little as possible.

An applicant for a proposed demolition may apply for relief on the grounds of hardship. In order to prove the existence of hardship, the applicant shall establish that:

1. The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; and

2. The property cannot be adapted for any other use, whether by the current owner or by a purchaser which would result in a reasonable return; and

3. Good faith efforts to find a purchaser interested in acquiring the property and preserving it have failed.

Reasonable return for a residential property will be defined as (a) return of investment or (b) fair market value as determined by a competent appraiser or appraisers, whichever is lower.

Exemptions from these standards will not be granted for hardship to any property owner who has deliberately allowed property to deteriorate through negligence, lack of upkeep or other factors determined by the planning board. Code enforcement will inform hamlet property owners of deteriorating conditions.

C. Public Hearing

1. The Planning Board shall hold a public hearing on the demolition permit within 62 days of the filing of a complete permit application, which shall be accompanied by a fee to be set by the Town Board. Said public hearing shall be advertised in the newspaper of general circulation the Town at least five days before the public hearing. The applicant shall also be required to send written notice, return receipt requested, of the public hearing to all owners of land adjacent to the subject parcel and the Town Historian at least 10 days before the public hearing. Adjacent shall include landowners on both sides of the road.

2. The Planning Board shall render its decision after public hearing and within 62 days of the public hearing. The 62 days may be extended for good cause and with the concurrence of the applicant.


ARTICLE XIII: ADMINSTRATION AND ENFORCEMENT

A. Enforcement

This Local Law shall be enforced by the Building Inspector/Code Enforcement Officer, who shall be appointed by the Town Board, in the same manner and with the same powers as now or hereafter practiced or provided under the building code.

No zoning permit or certificate of occupancy shall be issued by the Building Inspector/Code Enforcement Officer, and no permit or license for any purpose shall be issued by any official of the Town of Greenville, if the same would be in conflict with the provisions of this Law.

B. Zoning Permit

No building or structure shall be erected, added to, or structurally altered (minor changes excluded) until a permit therefore has been issued by the Code Enforcement Officer in accordance with the provisions of this Law. There shall be no change, expansion or addition in the use of a property until a permit therefore has been issued by the Code Enforcement Officer in accordance with the provisions of this Law. This shall include home occupations.

All applications for zoning permits shall be accompanied by two copies of a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot, an application fee in accordance with the Schedule of Fees as promulgated by the Town Board of Greenville, New York and such other information as may be required by the Building Inspector/Code Enforcement Officer and Planning Board to determine compliance with this Law.

One copy of such plans, when approved by the Building Inspector/Code Enforcement Officer shall be returned to the applicant.

C. Certificate of Occupancy

No land shall be used or occupied and no building or structure hereafter erected, significantly altered the character or extended shall be used or changed in use until a Certificate of Occupancy shall have been issued by the Building Inspector/Code Enforcement Officer in accordance with the provisions of this Local Law.

All Certificates of Occupancy for new or altered buildings or structures shall be applied for coincident with the application for a zoning permit.

Such Certificate of Occupancy shall be issued within l0 days after the erection or alteration shall have been approved as complying with the provisions of this Law.

D. Zoning Board of Appeals

A Zoning Board of Appeals is hereby created in accordance with Section 267 of the Town Law of the State of New York. Said board shall consist of 5 members. The officers of the Board shall consist of Chairman, and Vice Chairman. The Zoning Board of Appeals shall prescribe rules for the conduct of its affairs.

1. Powers and Duties

The Zoning Board of Appeals shall have all the power and duties proscribed by this law which are more particularly specified as follows:


a. Interpretation. Upon appeal from a decision by an administrative official to decide any question involving the interpretation of any provision of this Law, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.

b. Use Variances. The Zoning Board of Appeals, on appeal from the decision or determination of the administration official charged with enforcement of this Law, shall have the power to grant variances, as follows:

(1) A use variance is an authorization by the Zoning Board of Appeals that allows a specified use in a zoning district where such specified use is not allowed. No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located

(a) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

(b) That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

(c) That the requested use variance, if granted, will not alter the essential character of the neighborhood; and

(d) That the alleged hardship has not been self-created.

(2) The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

c. Area variances.

(1) An area variance is an authorization by the Zoning Board of Appeals that allows a departure from the text of this law. Area variances include any departure not covered by a use variance (for example, lot size, yard sizes, and number of parking spaces). In making its determination, on an area variance application the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider:

(a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

(b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;


(c) Whether the requested area variance is substantial;

(d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district;

(e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

(2) The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

d. Impositions of conditions.

The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

2. Application to the Zoning Board of Appeals

a. Appeals from decisions made by the Building Inspector/Code Enforcement Officer shall be filed with the Building Inspector/Code Enforcement Officer and the Secretary of the Zoning Board of Appeals in writing within 30 days of the date of the action specifying the grounds thereof.

b. All applications for variances shall be filed with the Secretary of the Zoning Board of Appeals in writing, shall be made in a form required by the Board, and shall be accompanied by payment of a filing fee as established in the Schedule of Fees which have been promulgated by the Town Board and a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.

c. Decisions of the Zoning Board of Appeals shall be in writing and shall specify the particular conditions for such approval or the grounds for denial.

d. The Zoning Board of Appeals shall hold a public hearing on all appeals or applications within 62 days of filing of a complete and proper appeal or application. Notice of said public hearing shall be advertised in the newspaper of general circulation in the Town at least five days before the public hearing. The applicant shall also be required to send written notice, return receipt requested, of ten days or more of the public hearing to all owners of land adjacent to the subject parcel. Adjacent shall include landowners on both sides of the road. The Zoning Board of Appeals shall render its final decision within 62 days of the public hearing. The 62 day period may be extended as appropriate for good cause or with concurrence of the applicant.


ARTICLE XIV: SUBDIVISION OF LAND

A. General Provisions

1. Legislative authority.

The Town of Greenville Planning Board has the power and authority to approve or disapprove plats for subdivision within the unincorporated area of the Town of Greenville.

2. Policy.

The Town of Greenville Planning Board shall consider land subdivision plats as part of a plan for the orderly, efficient, economic, environmentally sound development of the Town and to that goal require that all land subdivision follow the guidelines under Subsection D, General Requirements and Design Standards and Appendix B: Design Guidelines.

In cases where the Planning Board finds that a proposed subdivision may adversely affect the preservation of natural areas, and/or prime farmland or farmland of statewide importance, according to the soil survey prepared for Greene County by the U.S. Department of Agriculture, the Planning Board may require an applicant to submit a plan for a conservation subdivision as provided for in §278 of Town Law.

These subdivision regulations shall supplement and facilitate the provisions of this Law, the Zoning Map and Town’s Comprehensive Plan. The following objectives shall guide the Planning Board’s decisions:

a. Land is to be subdivided in a way that enhances the natural and scenic resources of the area in which it is located and preserves important scenic viewsheds, environmental resources, tracts of contiguous wildlife habitat, and viable farmland.

b. Subdivided lots shall be of such character that they can be used safely for building purposes without danger to health or peril from fire, flood or other menace.

c. Proper provision shall be made for water supply, drainage, sewage, utilities and other needed improvements.

d. Proposed development shall be planned such that it is compatible with sound development patterns of adjacent and neighboring properties within the Town of Greenville.

e. Proposed public roads shall compose a convenient system and shall be of such width, grade and location as to accommodate present and prospective traffic, and shall meet town highway specifications and other local laws of the Town of Greenville. Rural road standards will be promoted for development within rural areas, with requirements matching the low intensity rural purpose.

f. All development shall be designed to afford adequate light and air, to facilitate adequate fire and emergency protection, and to provide access for fire fighting and other emergency equipment.

g. Provision shall be made for permanent reservations of open spaces and when appropriate, provisions for pedestrian trails, viewing areas, and passive parks as well as for the long term protection of water resources and wildlife habitat. These areas shall be shown on the plat.


h. All reviews of applications specified in these regulations shall be coordinated with involved agencies and boards at the local, County and State levels to ensure consistent, well-designed subdivisions and decision-making that will benefit the Town of Greenville.

i. Proper provision shall be made for leaving undeveloped natural areas and corridors to mitigate adverse environmental impacts of the proposed subdivision and to sustain a diversity of native vegetation and wildlife, to protect water resources, agricultural land, viewsheds and to implement the Town’s policies of protecting its environmental and cultural resources pursuant to this Law, Comprehensive Plan, and other applicable local laws.

j. In their interpretation and application, provisions of these regulations shall be held to the minimum requirements. More stringent provisions may be required if it is demonstrated that different or higher standards are necessary to promote the Town’s public health, safety and welfare.

3. Inconsistencies with Town Law.

Should any of these regulations conflict or be inconsistent with any provision of the Town Law, such provision of the Town Law shall apply.

4. Self-imposed restrictions.

Nothing in these regulations shall prohibit the subdivider from placing self-imposed restrictions, not in violation of these regulations, on the development. Such restrictions, however, shall be indicated on the plat.

B. Definitions

1. Word interpretation.

Words in the singular include the plural, and words in the plural include the singular. The word “persons” includes a corporation and unincorporated association, and “building” includes “structure” and shall be construed as if followed by the words “or part thereof.” The word “street” includes “road,” “highway” and “lane”; and “watercourse” includes “drain,” “ditch” and “stream.” The word “shall” is mandatory unless otherwise indicated.

2. Terms defined.

Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated:

BOND: A performance bond duly issued by a bonding or surety company approved by the Town Board with security acceptable to the Town Board, or a performance bond duly issued by the developer-obligor accompanied by security in the form of cash, certified check or United States Government bearer bonds deposited with the Town Board in the full amount of the obligation.

BUILDING ENVELOPES: The preferred area(s) for development which are identified once the resource analysis and concept discussion on a property has been completed.


CONCEPTUAL DISCUSSION: Initial concepts for a site or building based on the Resource Analysis and input from the reviewing board(s) and the applicant(s).

CONSERVATION EASEMENT: The grant of a property right or interest from the property owner to another person, agency, unit of government, or organization stipulating that the described land shall remain in its natural, scenic, open, or wooded state, precluding future or additional development.

CONSERVATION SUBDIVISION: A conservation subdivision, sometimes known as cluster development, is a subdivision where the applicable zoning law or other local law is modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of the remainder of the land.

CONSTRAINED LAND: Constrained lands include all wetlands of 1/4 acre and over, waterbodies, 100-year floodplains, slopes over 25% which are 2,000 square feet or more of contiguous sloped area, and lands currently under conservation easement. Unconstrained lands are those that do not contain the resources listed above.

EASEMENT: A right granted to use certain land for a special purpose not inconsistent with the general property rights of the owner.

HOMEOWNERS ASSOCIATION (HOA): A group that governs a subdivision, condominium or planned community. The association collects monthly fees from all owners to pay for common area maintenance, handle legal and safety issues and enforce the covenants, conditions, and restrictions set by the developer.

OFFICIAL MAP, TOWN: A map established by the Town Board under §270 of the Town Law, showing the streets, highways and parks theretofore laid out, adopted and established by law and all changes or additions thereto made under the provisions of §273 of the Town Law.

OFFICIAL SUBMITTAL DATE: The date when a sketch plan, a preliminary layout or a subdivision plat shall be considered submitted to the Planning Board, hereby defined to be the date of the meeting of the Planning Board at which all required surveys, plans and data described in Article V are submitted.

OWNER: The owner of the land proposed to be subdivided, or his agent.

PAVEMENT: The paved portion of a street, including paved shoulders and on street parking areas, but not including sidewalks and driveways.

PLAT: The final map or drawing prepared, on a base map prepared by a licensed land surveyor for recording, by a licensed professional engineer, registered architect, licensed land surveyor or licensed landscape architect, which shall have his New York State seal affixed thereon and on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording.

PRELIMINARY PLAT: A plan prepared by a licensed professional engineer, licensed land surveyor, registered architect or a licensed landscape architect, on a base map


prepared by a licensed land surveyor, showing existing features of the land and proposed street utility and lot layout within and adjacent to a subdivision.

PRELIMINARY REVIEW: Preliminary project plans submitted to the Planning Board for review and comment prior to the submission of a formal application.

PRIME FARMLAND SOILS: Prime farmland soils, as defined by the U.S. Department of Agriculture, are soils that are best suited for producing food, feed, forage, fiber, and oilseed crops.

REAR LANE: A strip of land over which there is a right-of-way, publicly or privately owned, on which no building fronts, serving as a secondary means of access to two (2) or more properties.

RESOURCE ANALYSIS: The review and evaluation of the natural, historical and cultural resources on a site, resulting in the identification of resources to be protected and establishing building envelopes.

RESUBDIVISION: A change in a subdivision plat or resubdivision plat filed in the office of the Greene County Clerk, which change affects any street layout shown on such plat, affects any area reserved thereon for public use or diminishes the size of any lot shown thereon.

RIDGE: A ridge is a geological feature that includes a continuous elevational crest for some distance. Ridges can be termed hills or mountains as well, depending on size and shape.

SHARED DRIVEWAY: This privately owned and maintained driveway branches out to serve up to three residences and does not need a turnaround area at the end of the driveway. Driveway access is typically controlled by sight-line, grades, and ecological factors, such as wetlands and stream crossings. Usually a maintenance agreement is drawn up by property owners for a shared driveway.

SIGHT DISTANCE: The distance an object 18 inches off the pavement (a taillight) is visible from an eye level 4 ½ feet above the pavement (average-height driver's eyes).

SIGNIFICANT WILDLIFE HABITATS: Lands that contain significant food, water, or cover for native terrestrial and aquatic species of animals and plants.

SKETCH PLAN: A freehand sketch made on a topographic survey map showing the proposed subdivision in relation to existing conditions.

STATEWIDE IMPORTANT SOILS: Statewide important soils are land that is of statewide importance for the production of crops.

STEEP SLOPES: Surface formation with a vertical incline greater than 22.5 degrees or 25 percent, a sufficient steepness to cause problems such as erosion or increased flooding when disturbed for land development or other purposes.

STREET: A public or private way, which affords the principal means of access to abutting properties including any highway.

The following functional classification is used in these regulations.


a. RESIDENTIAL COLLECTOR ROAD: A residential collector road collects traffic from residential areas and channels it to larger roads, such as county highways, state highways, arterials, and interstates. It is well-traveled and accommodates a variety of vehicles, including large delivery trucks, school buses, pick-up trucks, vans, and cars.

b. RESIDENTIAL AND FARM ACCESS ROAD: This road, used mostly by cars, small trucks and farm vehicles, provides access solely to residences or to residences and farm areas. Traffic on this road is light, but it may include occasional large trucks, school buses and farm equipment.

c. PRIVATE ROAD: This is a paved or unpaved road that serves a limited number of single-family residences or a recreational area. Private roads can be maintained by local highway departments or by a private homeowner association.

d. CUL-DE-SAC or DEAD-END STREET: A minor street with 1 end open for public vehicle and pedestrian access and the other end terminating in a vehicular turnaround.

e. STREET WIDTH: The distance between property lines.

SUBDIVISION, MAJOR: Any subdivision not classified as a Minor Subdivision, including but not limited to, subdivisions of 5 or more lots, or any size subdivision requiring any new street or extension of municipal facilities.

SUBDIVISION, MINOR: Any subdivision containing not more than 4 lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map or this Zoning and Subdivision Law.

SUPERINTENDENT: The duly elected Town Superintendent of Highways or other such authorized official.

VIEWSHED: A viewshed is an area that is visible from a public roadway or public trail which encompasses natural landforms such as valleys, ridges, farm lands and open spaces which may have inherent rural qualities and/or aesthetic values as determined by those who view it.

C. Application and Approval Procedure

1. Compliance required.

Whenever any subdivision or resubdivision of land in the Town of Greenville is proposed, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision before any contract for the sale of any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted. Approval of a proposed subdivision shall be obtained in accordance with the procedure specified in this Subsection.

2. Pre-application procedure.

Prior to filing a formal application for approval of a subdivision plat pursuant to Subsection C (4), Preliminary Plat, the applicant shall participate in the pre-application


procedure. The Planning Board, in its discretion, may also require a resource analysis for a minor subdivision.

The pre-application procedure is a two-part process. The first step is to submit a Resource Analysis and participate in the Conceptual Discussion with the Town of Greenville Planning Board. The second step is to submit a Sketch Plan. The applicant may choose to submit the Sketch Plan simultaneously with the Resource Analysis, or may elect to submit the Sketch Plan at a subsequent meeting. The Sketch Plan must be on a separate map from the Resource Analysis map when such analysis is required.

a. Resource Analysis and Conceptual Discussion Phase – Proposed Major Subdivisions only.

(1) For a Major Subdivisions with a parent parcel (the parcel to be subdivided) of 20 acres or more, prior to the submission of a sketch plan, an applicant must prepare a resource analysis and participate in a discussion with the Planning Board to determine a conceptual plan for the proposed subdivision, as specified in Subsection E (3), Resource Analysis and Conceptual Discussion Phase, of these regulations.

(a) The applicant should become familiar with the Town's Subdivision Regulations and all other relevant provisions of this Law, the Comprehensive Plan and SEQR requirements in order to have a general understanding of the process.

(b) Applications for resource analysis review shall be submitted to the Planning Board in 6 copies. A filing fee as specified by town subdivision fee schedule shall accompany the submission.

b. Study of resource analysis and conceptual discussion.

The Planning Board shall review the applicant's resource analysis submittal. The applicant should be prepared to discuss possible subdivision concepts, based on the site’s resource analysis and the conceptual design discussion. The reviewing board, in conjunction with the applicant, will fill out Form A of the resource analysis question and answer survey. The resource analysis, conceptual design discussion, and survey will form the basis for the design of the subdivision and should be reflected in the sketch plan and preliminary plan.

c. Sketch Plan

(1) Prior to filing a formal application for approval of a subdivision plat pursuant to Subsection C (3), Minor subdivisions or Subsection C (4), Preliminary Plat, the applicant shall:

(a) Determine the requirements of the Town of Greenville Planning Board, the Zoning regulations of this Law, the Greene County Planning Department, the Greene County Health Department and the New York State Department of Public Works, whose approval is required by these regulations, the Sanitary Code of Greene County and the General Municipal Law of the State of New York.


(b) Submit to the Town Planning Board 6 copies each of a sketch plan submission form, sketch plan and general information, as specified in Subsection E (4), Sketch plan, of these regulations and a subdivision plat pursuant Subsection III (3), Minor subdivisions or Subsection C (4), Preliminary Plat. A filing fee as specified by the town subdivision fee schedule shall accompany the submission.

(2) If the subdivision consists of 4 lots or less and does not propose the creation of any new streets, it may be processed as a minor subdivision. In order to determine whether the subdivision is to be processed as a minor subdivision, the subdivider shall submit to the Planning Board sufficient information so that a determination may be made as to whether the proposed subdivision meets the requirements of Subsection D, General Requirements and Design Standards. If these requirements are met, the subdivider shall then make application for subdivision approval according to Subsection C (3), Minor subdivisions. All subdivisions of more than 4 lots and/or those which propose one or more new streets shall be processed according to Subsection C (2), Pre-application procedure, Subsection C (4), Preliminary Plat and Subsection C (5), Final Plat.

d. Review of sketch plan.

The Planning Board shall review the applicant’s sketch plan and within 30 days of the submission date shall inform the applicant, in writing, that the proposed subdivision as submitted, or as modified, will meet the objectives of these regulations. However, in the event the sketch plan is found totally unacceptable, the applicant will be asked to submit a new plan before proceeding with a preliminary plat. Reasons for recommended modifications of the sketch plan or total rejection shall be stated on the records of the Planning Board.

3. Minor subdivisions.

a. Application. Within 6 months after classification of a proposal as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a minor subdivision plat. Said application shall contain the requirements listed in Subsection E (6), Final Plat of these regulations and shall conform to the general requirements and design standards specified in Subsection D of this Article. Fees as specified by the town subdivision fee schedule for each minor subdivision shall accompany the application. Subdivider is only allowed one minor subdivision of said land every 3 years. The Planning Board shall have the authority to modify survey requirements for minor subdivisions such that only the land being subdivided must be surveyed. The balance of the land, so long as the subdivision does not result in an undersized lot, does not need to be surveyed unless requested by the Planning Board.

b. Number of copies. The original and 6 copies of the subdivision plat shall be presented to the Planning Board at least 2 weeks prior to a scheduled monthly meeting of the Planning Board.

c. Public hearing. A public hearing shall be held by the Planning Board within 62 days from the time of submission of the subdivision plat for approval. Said hearing shall be advertised in a newspaper of general circulation in the Town at least 5 days before such hearing.


d. Action on subdivision plat.

(1) The Planning Board shall, within 62 days from the date of the public hearing, act to conditionally approve, conditionally approve with modification, disapprove or grant final approval and authorize the signing of the subdivision plat. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the plat.

(2) Upon granting conditional approval, with or without modification to the plat, the Planning Board shall empower a duly-authorized officer to sign the plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within 5 days of the resolution granting conditional approval, the plat shall be certified by the Chairman or Secretary of the Planning Board as conditionally approved, a copy filed in its office. Upon completion of such requirements, the plat shall be signed by the duly-designated officer of the Planning Board. Conditional approval of a plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally-approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed 2 additional periods of 90 days each.

e. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any plat after approval has been given by the Board. In the event that any plat, when recorded, contains any such changes, the plat shall be considered null and void; and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.

f. Filing of approved plat. Approval of the plat shall expire within 62 days from the date of such approval unless within such 62 day period such plat shall have been duly recorded by the owner in the office of the Greene County Clerk. If the plat is not filed within this period, the approval shall expire as provided in §276 of the Town Law.

4. Preliminary plat – Major Subdivision.

a. Application procedure. Prior to filing an application for the approval of a plat, the applicant shall file an application for the approval of a preliminary plat. The application shall:

(1) Be made on forms available at the office of the Town Clerk.

(2) Include all land which the applicant proposes to subdivide.

(3) Be accompanied by 6 copies of the preliminary plat and supplementary material described in Subsection E (5), Preliminary Plat of these regulations.

(4) Comply in all respects with the requirements specified in Subsection D, General Requirements and Design Standards of these regulations and with the provisions of §276 and 277 of the Town Law.


(5) Be submitted to the Chair of the Planning Board.

(6) Be accompanied by fees as specified by the town subdivision fee schedule.

b. Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration of the the results of the resource analysis and sketch plan discussions, the requirements of the community, the best use of the land being subdivided and the policy set forth in Subsection A (2), Policy. Particular attention will be given to the proposed arrangement, location and width of streets; the relation of proposed streets to the topography of the land; sewage disposal; drainage; proposed lot sizes, shape and layout; future development of adjoining lands as yet unsubdivided; the requirements of the Town Comprehensive Plan and the Official Map; and matters enumerated in §277 of the Town Law.

c. Applicant to attend Planning Board meeting. The applicant should be prepared to attend a regular meeting of the Planning Board to discuss the preliminary plat and the Board’s tentative conclusions.

d. Approval of the preliminary plat.

(1) Within 62 days after the receipt of such preliminary plat by the Secretary of the Planning Board, the Planning Board shall hold a public hearing, which hearing shall be advertised at least once in a newspaper of general circulation in the town at least 5 days before such hearing. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat.

(2) Within 62 days after the date of such hearing, the Planning Board shall approve, with or without modification, or disapprove such preliminary plat; and the ground of a modification, if any, or the ground for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the subdivider and the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing modifications, if any, as it deems necessary for submission of the plant in final form.

(3) Within 5 days of the approval of such preliminary plat it shall be certified by the Chair or Secretary of the Planning Board as granted preliminary approval, a copy filed in its office, a certified copy mailed to the owner and a copy forwarded to the Town Board. Failure of the Planning board to act within the time periods prescribed herein shall constitute approval of the preliminary plat.

(4) When granting approval to a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the preliminary plat; the character and extent of the required improvements for which waivers may have been requested and which in its opinion may be waived without jeopardy to the public health, safety, morals and general welfare; and the amount of improvement or the amount of all bonds therefore which it will require as prerequisite to the approval of the subdivision plat. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the plat, which will be submitted for


approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the subdivision plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.

(5) Approval of the preliminary plat may not be revoked by the Planning Board unless a substantial change in the character of the area or the availability of new information about the site and its surroundings indicate the unsuitability of the development, as shown on the preliminary plat. Before revocation the applicant shall be informed, in writing, of the reasons therefore and shall be given an opportunity to be heard before the Planning Board.

(6) Approval of a preliminary plat shall expire 6 months from the date of approval. Extensions for periods of 6 months may be granted by the Planning Board upon application. Such applications for extensions may be granted unless changed conditions or new information indicate the unsuitability of the development as shown on the preliminary plat.

5. Final plat.

a. Application procedure. Within 6 months after tentative approval of the preliminary plat is granted, the applicant shall file with the Planning Board an application for approval of a plat. The application shall:

(1) Be made on forms provided by the Planning Board at the time tentative approval of the preliminary plat was granted.

(2) Include the entire subdivision or a section thereof which derives access from a street improved to town standards or for which street a bond for such improvement is held by the Town.

(3) Be accompanied by 6 copies of the plat, as described in Subsection E (6), Final Plat, of these regulations.

(4) Comply in all respects with the preliminary layout as tentatively approved.

(5) Comply with the improvement requirements of Subsection F, Required Improvements and Agreements, of these regulations.

(6) Be presented to the Secretary of the Planning Board at least 2 weeks prior to a regular meeting of the Board.

b. Public hearing. Within 62 days of the submission of a plat in final form for approval, a hearing shall be advertised at least once in a newspaper of general circulation in the town at least 5 days before such hearing; provided, however, that when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under Subsection C (4), Preliminary Plat of this Article, and modified in accordance with the requirements of such approval if such preliminary plat has been approved with modification, the Planning Board may waive the requirement for such public hearing.

c. Action on proposed subdivision plat.


(1) The Planning Board shall, by resolution, conditionally approve, conditionally approve with or without modification, disapprove or grant final approval and authorize the signing of such plat within 62 days of its receipt by the Secretary of the Planning board, if no hearing is held, or in the event a hearing is held, within 62 days after the date of such hearing. This time may be extended by mutual consent of the subdivider and the Planning Board. Failure to take action on a final plat within the time prescribed therefore shall be deemed approval of the plat.

(2) Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly-authorized officer to sign the plat upon completion of such requirements as may be stated in the resolution. Within 5 days of such resolution, the plat shall be certified by the Chairman or Secretary of the Planning Board as conditionally approved, a copy filed in his office and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally-approved final plat. Upon completion of such requirements, the plat shall be signed by said duly-authorized officer of the Planning board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally-approved plat may be submitted for signature, if in its opinion, such extension is warranted in the circumstances, for not to exceed 2 additional periods of 90 days each.

d. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made on any plat after approval has been given by the Board. In the event that any plat, when recorded, contains any such changes, the plat shall be considered null and void and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.

e. Filing of approved plat. Approval of the plat shall expire within 62 days from the date of such approval unless within such 62 day period such plat shall have been duly recorded by the owner in the office of the Greene County Clerk. If the plat is not filed within this period, the approval shall expire as provided in §276 of the Town Law.

f. Division of plat into 2 or more sections. The Planning Board may permit the plat to be divided into 2 or more sections, subject to such conditions as it deems necessary to assure orderly development of the subdivision. Approval of the sections shall be granted concurrently with the approval of the plat. The approved plat, or any approved section thereof, shall be recorded within 62 days of approval, subject to any conditions imposed, and shall encompass at least 10% of the total number of lots shown on the plat. Approval of any other sections not recorded shall expire unless recorded before the expiration of the period to which such plat is entitled under the provisions of §265-a of the Town Law. In the event the applicant does not record all approved sections, the entire plat shall be filed with the Town Clerk within 30 days from the recording of the plat or any approved section thereof, and the applicant shall file with the Planning Board a photostatic copy of the plat certified by the County Clerk to be a true copy of the recorded plat.


g. Public acceptance of proposed streets and park areas. The approval by the Planning Board of a plat shall not be deemed to constitute or imply the acceptance by the Town of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area.

h. As-built drawings of required improvements. Drawings showing the location of all required improvements as built shall be certified by a licensed land surveyor and filed with the Planning Board at least 30 days prior to the acceptance of the improvements by the Town.

6. Issuance of building permits.

A building permit for erection of a structure in a development laid out subsequent to the adoption of these regulations shall not be issued unless the street giving access to the proposed building appears on a recorded plat approved by the Planning Board and unless such street has been suitably improved or bonded to cover the full cost of improvement.

7. Improvements in streets.

No public municipal street utility or improvement shall be constructed by the Town in any street or highway until it has become a public street or highway and is duly placed on the Official Map. However, subject to the discretion of the Town Board, a subsurface utility or improvement operated from revenue by the town or by a special district may be constructed by the town in a private street, provided that a public easement satisfactory to the Town Board is obtained for such utility or improvement.

D. General Requirements and Design Standards


The Planning Board, in considering an application for the subdivision of land, shall be guided by the policy considerations specified in Subsection A (2), Policy, of these regulations and the following standards.

2. Preservation of existing features.

Existing features which would add value to residential development, such as scenic views from roadways, scenic views from public trail, ridgelines, water resources, steep slopes, active farmland, rock outcrops, forested areas, stonewalls, hedgerows, wildlife nesting or migration areas and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision.

3. Streets.

a. General planning standards. The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to the proposed uses of the land to be served by such streets.

b. Relation to topography. Streets shall be logically related and conform insofar as possible to the original topography. They shall be arranged so as to obtain as many


as possible of the building sites at or above the grades of the streets. A combination of steep grades and sharp curves shall be avoided.

c. Intersections. Intersections of major streets by other streets shall be at least 1,000 feet apart, but should not exceed 1,200 feet.

d. Visibility at intersections. Within the triangular area formed at corners by the intersecting street lines, for a distance of seventy-five (75) feet from their intersection and the diagonal connecting the end points of these lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility.

e. Layout of minor streets. Layout of minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.

f. Treatment of arterial streets. Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Board may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

g. Minimum curvature. When continuing street lines (projected right-of-way tangents) deflect from each other at any 1 point by more than 10°, they shall be connected by a curve with a radius at the inner street right-of-way line determined from the alignment standards specified in Subsection h below.

h. Alignment standards in relation to design speeds. Alignment standards in relation to design speeds are provided in the following table:

Design Speed

(miles per hour)

Minimum Radius Of Horizontal

Curves (feet)

Maximum Percent

of Grade

Minimum Forward

Sight Distance(feet)

Minimum Length of Vertical Curve for Each 1% of Change in Grade

(feet)20 100 10 150 1025 200 10 175 1530 250 10 200 2035 350 10 250 3040 450 8 275 3545 600 8 325 5550 750 8 350 70

i. Pavement of gutters. Where street grades exceed 5%, gutters shall be paved.

j. Rear Lanes.

(1) Rear lanes may be provided in residential, commercial and industrial districts as private accessways.

(2) Intersections of rear lanes and sharp changes in alignment shall be avoided, but, where necessary, corners shall be cut off sufficiently to permit safe vehicular movements.


(3) Dead-end rear lanes shall be avoided when possible, but, if unavoidable, shall be provided with adequate turn-around facilities at the dead end, as determined by the Planning Board.

k. Design Standards. Subdivision streets shall be designed to reflect the rural character of the Town of Greenville. The following design guides and standards should be referenced in the design of subdivision roads.


RURAL ROAD STANDARDSResidential Collector

Residential Access Private Road Cul-de-sac

Right- of-way width (feet) 50* 50* 50* 110Pavement width (feet)(minimum-maximum)

18-22 18-22 18-22 18-22

Shoulder width (feet)(minimum-maximum)

3 – 6 on 2 sides 1 – 2 on 2 sides 1 – 2 on 2 sides 1 – 2 on 2 sides

Grade (percent)(minimum-maximum)

1-10 1-10 1-10 1-10

Curb Radii (feet)(minimum-maximum)

5-10 5-10 5-10 5-10

Minimum tangent length between reverse curves (feet)

100 100 50 50

Maximum grades within 150 feet of center-line intersections (percent)

1.5 1.5 1.5 1.5

Minimum distancebetween center-line offsets at street jogs (feet)

300 125 125 125

Maximum length ofCul-de-sac (feet)

800**

Minimum outside radius of cul-de-sac pavement (feet)

75

Angle at intersections of street center lines (degrees)

90 90 90 90

* 50’ right-of-way is required by State Highway Law, but grading and clearing should be reduced to the minimum necessary.

**Except where, in the judgment of the Planning Board, the cul-de-sac does not impose any problem and constitutes a positive design feature.

Note: Rear lanes, 12-16 pavement width, are allowed in hamlet areas and where the size and configuration of the subdivision is conducive to rear lanes.

Note: Standards are not given for arterial streets, as they would in all probability be built by the state or county.

RESIDENTIAL COLLECTOR ROAD STANDARDSRight-of-way: 50’ Speed limit: 40-50 mph, depending upon the road’s

vertical and horizontal alignmentPavement width: 18 – 22’, 2 lanes Bike lane: 6’ wide, separated from road by 6’

grassy aisleShoulder width: 3 – 6’, on 2 sides; gravel/grassADT: 50 – 400 vehicle trips per dayAdjacent land uses include:- Agricultural, rural land uses- Open spaces, environmentally sensitive land- Small single-family lots (1 - 5 acres)- Large single-family lots (5+ acres)

Drainage swales:The use of open drainage systems within the right-of-way should be encouraged for rural road systems


RESIDENTIAL ACCESS ROAD STANDARDSRight-of-way: 50’ Speed limit: 35-45 mph, depending upon the road’s

vertical and horizontal alignmentPavement width: 18 – 22’, 2 lanes Bike lane: Generally not neededShoulder width: 1 – 2’, on 2 sides; gravel/grass Pull outs: Provided on one side at appropriate

intervals

ADT: 50 – 400 vehicle trips per dayAdjacent land uses include:- Agricultural, rural land uses- Open spaces, environmentally sensitive land- Small single-family lots (1 - 5 acres)- Large single-family lots (5+ acres)



PRIVATE ROAD STANDARDSRight-of-way: 50’ Speed limit: 25-35 mph, depending upon the road’s

vertical and horizontal alignmentPavement width: 18 – 22’, 2 lanes Bike lane: Generally not neededShoulder width: 1 – 2’, on 2 sides; gravel/grass Pull outs: May be provided on one side at

appropriate intervalsADT: Less than 100 vehicle trips per dayAdjacent land uses include:- Agricultural, rural land uses- Open spaces, environmentally sensitive land- Small single-family lots (1 - 5 acres)- Large single-family lots (5+ acres)



l. Continuation of streets into adjacent property. Streets shall be arranged to provide for the continuation of principal streets between adjacent properties where such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities and particularly, where such continuation is in accordance with the Town Plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way and improvements shall be extended to the property line. A temporary circular turn-around, a minimum of 50 feet in radius, shall be provided on all temporary dead-end streets, with the notation on the plat that land outside the street right-of-way shall revert to abutters whenever the street is continued.

m. Permanent dead-end streets (cul-de-sac). Where a street does not extend to the boundary of the subdivision and it’s not needed for access to adjoining property, it shall be separated from such boundary by a distance of not less than 100 feet.

n. Street names. All streets shall be named, and such names shall be subject to the approval of the Town Planning Board. Names shall be sufficiently different in sound


and in spelling from the other street names in the town so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name.

o. Improvements. Improvements shall be as indicated in Subsection F, Required Improvements and Agreements.

p. Private roads. The Planning Board may approve paved or unpaved private roads to provide access to lots in subdivisions, provided that the Planning Board finds that the proposed subdivision will protect the rural, scenic and natural character of the Town. The private road requirements are as follows:

(1) The maximum number of lots gaining access through any portion of a private road shall be 10.

(2) Written approval from the Town Superintendent of Highways and the Town’s engineer shall be secured before approval of any private roads.

(3) A Homeowners Association (HOA) must be created to own and provide for the perpetual care and maintenance of the private road. The Planning Board shall have discretion to determine whether a performance bond must be posted by the applicant to ensure the proper completion of the private road and, if so, how much the performance bond shall be and what form it shall take.

(4) Such HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the private road. The HOA shall ensure that the road will always be maintained and kept open to permit emergency vehicle access.

(5) In the event that HOA does not ensure that the road is properly maintained, the Town of Greenville may assume maintenance responsibilities and charge the HOA for all reasonable costs thereof. Such costs, if unpaid for more than 60 days, shall, along with attorneys’ fees for their collection, become a lien on the property and enforceable in the same manner as a property tax lien.

(6) The private road can only be offered for dedication to the Town of Greenville if it conforms to Town Highway specifications for private roads in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the road conforms to Town Highway specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the road up to Town Highway specifications shall be borne by the HOA.

(7) The subdivision plat shall show the road clearly labeled “private road.”

(8) Road design shall comply with the standards for private roads in this Code.

(9) The Planning Board may waive the requirement of a private road maintained by a HOA if it finds, after consulting with the attorney for the Planning Board or the Town Attorney, that a common drive maintained pursuant to a recorded maintenance agreement, executed by the applicant as a condition of subdivision approval, will provide the same protections to lot owners and the Town as would a private road owned by a HOA.


q. Mailboxes. Mailboxes must be a minimum of 42 inches high and be located no closer than 5 feet from the road.

r. Pavement Specifications.

Residential Collector and Residential Access Roads: Pavement standards shall include removal of at least 12 inches of top soil or overburden on the entire 28 feet wide and the entire length of the proposed road. The road shall have an 8 inch sub-base of compacted gravel and 4 inches of compacted # 4 crusher run approved by the Highway Superintendent or his/her designated representative.

All necessary culverts of suitable size shall be installed and fitted with metal end pieces or concrete headwalls on both the inlet and outlet ends. There will be a ditch on both sides of the road to provide runoff. The depth of ditches will be determined by the Highway Superintendent along with culvert sizes. All back slopes on cuts or fills will have at least a 1 on 3 grade and will be seeded to prevent erosion. All hills in the roadway will be cut down or filled at the bottom to provide the best possible grade, supervised by the Highway Superintendent.

The top surface will consist of 2 ½ inches of compacted binder and 1 ½ inches of compacted type 6 or type 7 asphalt topping and rolled again the entire width and length of the roadway.

(1) Private Road: A private road shall comply with all specifications of Residential Collector and Access Roads with the exception that the top surfaces does not need to have asphalt binder or top coat.

4. Blocks.

a. General planning standards.

(1) The length, width and shape of blocks shall be determined with due regard to:

(a) Provision of adequate building sites suitable to the special needs of the type of use contemplated.

(b) Zoning requirements as to lot sizes and dimensions.

(c) Need for convenient access, circulation and control safety of street traffic.

(d) Limitations and opportunities of topography.

(2) Irregular-shaped blocks or oversize blocks indented by cul-de-sac, parking courts or loop streets and containing interior block parks or playgrounds will be acceptable when properly designed, as determined by the Planning Board. Such blocks shall include adequate off-street parking, facilities for pedestrian access from streets to all lots, proper easements for utility lines and satisfactory provision for maintenance of park and open space, where included.

(3) Non-residential blocks intended for commercial or industrial use shall be of such length and width as is suitable for their prospective use. Such blocks shall include adequate provisions for off-street parking and servicing.

b. Design standards.


(1) Block lengths shall not exceed 1,200 feet or be less than 400 feet; except, however, that blocks abutting on designated arterial streets shall be not less than 1,000 feet and may exceed 1,200 feet.

(2) Blocks over 800 feet in length may be required to have a crosswalk, if necessary, to facilitate pedestrian circulation to a school, park, recreation area, shopping center or other similar neighborhood facility.

c. Sidewalk Materials. Sidewalks and curbs shall be made of concrete. Sidewalks shall not include crushed stone, asphalt or any other material but concrete.

5. Driveways.

a. The maximum grade for any new driveway accessory to a single-family dwelling and connecting its off-street parking area to a street shall be 10%, except where it can be demonstrated to the satisfaction of the approving authority that, because of unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed 15%.

b. Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that there is a similar view of the automobile in the driveway.

6. Lots and Density.

a. Number of Lots. The maximum density allowed for residential units is calculated by a formula based upon the acreage of “unconstrained land” on the property.

(1) To determine unconstrained acreage, subtract from the total (gross) acreage of the proposed development parcel the acreage of “constrained land.” Constrained land includes all wetlands 1/4 acre and over, waterbodies, 100-year floodplains, slopes over 25% which are 2,000 square feet or more of contiguous sloped area, and lands currently under conservation easement.

(2) To determine the “base” number of allowable residential units on the site, divide the unconstrained acreage by the allowable number of units per acre within the zoning district. Round down fractional units of 0.5 or less. The resulting number is the maximum allowable residential units allowed on the site.

(3) The density permitted by this section shall not be reduced as a result of the resource analysis as may be required for major subdivisions with a parent parcel of 20 acres or more as described in Subsection C and in Subsection E (3), Resource Analysis and Conceptual Discussion Phase, below or as a result of the reservation of parkland during the subdivision process.

(4) Side lot lines shall be substantially at right angles or radial to street lines.

(5) Double-frontage and reverse-frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries


or to overcome specific disadvantages of topography and orientation. An easement of suitable width, across which there shall be no right of access, may be required along the line of lots abutting such traffic artery or other disadvantageous use. As an alternate, where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access driveway in order to limit possible traffic hazard on such street.

(6) The plat shall provide each lot with satisfactory access to an existing public street or to a subdivision street that will be ceded to public use at the time of final plan approval. Private streets may be permitted only by resolution of the Town Board.

(7) Corner lots and lots adjacent to pedestrian crosswalks shall have extra width of at least 10 feet or as required by Article III, Schedule B of this Law, to permit appropriate building setback from the orientation to side streets or crosswalks.

(8) Radius corners shall be provided on the property line substantially concentric with the curb radius corners.

b. Density Bonuses

The maximum density permitted in Subsection D.6.a. above may be increased through density bonuses designed to advance important goals of the Comprehensive Plan. These density bonuses may be combined to result in a total density bonus not exceeding 100%. The density permitted by this section shall not be reduced as a result of the Resource Analysis required for Major Subdivisions with a parent parcel of at least 20 acres or as a result of the reservation of parkland during the subdivision process. Density bonuses are given at the discretion of the Planning Board based upon written findings by the Planning Board documenting the expected public benefit.

Density bonuses are calculated by first determining the allowable base density under Subsection D.6.a above and then multiplying that number by 100% plus the percentages that follow:

(1) If the applicant allows public access to the protected open space on the property and the Planning Board finds that such public access provides a significant recreational benefit to the Town (such as a trail connector or access to an important natural area): a maximum of 25%.

(2) If the applicant preserves at least 60% of the parcel as working farmland (including the creation and preservation of new working farmland): a maximum of 25%.

(3) If the applicant preserves as permanent open space more than the required amount of land: a maximum 10% density bonus per additional 5% of the parcel preserved as open space.

c. Flag (rear) lots. It is the policy of the Town of Greenville to encourage flexibility for development which is screened from public view. Accordingly, it is sometimes desirable to locate development on rear lots without requiring compliance with otherwise applicable road frontage requirements in the Article III, Schedule B:


Dimensional Table. Building permits may be issued for structures on lots that have no public or private road frontage and gain access by right-of-way easement over other lands, under the conditions contained in this section. Rear lots with or without access strips running to public or private roads may be created where there is no other option for providing access to a parcel and they will not endanger public health and safety and will help preserve natural, historic, and scenic resources.

d. Design Standards

(1) There shall be no minimum lot size in a major subdivision, provided that the Greene County Department of Health shall assure that where on-site wells and on-site sewage treatment and disposal systems are planned, adequate minimum lot sizes are provided to assure the health and safety of the residents of the subdivision and the subdivision meets the policies outlined in Subsection A (2), Policy, above.

(2) The minimum individual lot frontage shall meet the standards of Article III, Schedule B of this law unless conservation subdivision has been applied. If conservation subdivision has been applied the minimum road frontage for an individual lot shall be 100 feet and the minimum average road frontage per lot for the subdivision shall be 70 to 150 feet.

(3) Lots gaining access from an existing state or county highway shall comply with minimum road frontage requirements for the district.

(4) Lot width and road frontage requirements of this Article and Article III, Schedule B are applicable to subdivisions with private roads.

(5) There shall be no required area, bulk, or dimensional standards for house siting on lots in a subdivision that meets the policies outlined above in Subsection A (2), Policy, above, except where such subdivision abuts an existing residential lot, a public trail, and/or an agricultural use.

(6) Arrangement of lots. Lots shall be arranged in a manner that protects land of conservation value and protects the scenic resources of the Town. Compact development is encouraged if it advances the protection of significant resources.

(7) Shared driveways are encouraged where appropriate to maintain rural character and provide an economical and attractive method of serving up to three homes.

(8) If the arrangement of lots results in large expanses of preserved open space, the preserved open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot. Such open space may be owned by a homeowner’s association, private landowner(s), utility company, a non-profit organization, or the Town or other governmental entity, as long as it is protected from development by a conservation easement or, in some cases, a deed restriction and noted on the final plat. Open space set aside in a subdivision shall be permanently preserved as required by this Section.

(a) Permanent Preservation by Conservation Easement.


A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to Section 247 of the General Municipal Law and/or Sections 49-0301 through 49-0311 of the Environmental Conservation Law, may be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be approved by the Planning Board and shall be required as a condition of Final Plat approval. The conservation easement shall be recorded in the Greene County Clerk’s Office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk’s Office. In the alternative, a restrictive covenant in the deed, and a map not on the final plat, enforceable by the Town, may be substituted for a conservation easement held in common by a HOA. The Town shall maintain a current map which displays all lands under easement or deed restricted.

The conservation easement or restrictive covenant shall prohibit residential, industrial, or commercial use of open space land (except in connection with agriculture, forestry, and passive recreation). Access roads, driveways, wells, local utility distribution lines, underground sewage disposal facilities, stormwater management facilities, trails, temporary structures for passive outdoor recreation, and agricultural structures may be permitted on preserved open space land with Planning Board approval, provided that they do not impair the conservation value of the land. Forestry shall be conducted in conformity with applicable best management practices.

(b) Ownership of Open Space Land

Open space land may be protected by a conservation easement, but may be owned in common by a homeowner’s association (HOA), offered for dedication to Town, County, or State governments, transferred to a non-profit organization acceptable to the Planning Board, held in private ownership, or held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect its conservation value.

If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:

[1] The HOA must be established before the approved subdivision Final Plat is signed, and must comply with all applicable provisions of the General Business Law.

[2] Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.


[3] The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads.

[4] Property owners must pay their pro rate share of the costs in subsection (2) (iv) above and the assessment levied by the HOA must be able to become a lien on the property.

[5] The HOA must be able to adjust the assessment to meet changed needs.

[6] The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder, or to pay its real property taxes.

[7] Ownership shall be structured in such a manner that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

[8] The attorney for the reviewing board shall find that the HOA documents presented satisfy the conditions in Subsections (i) through (viii) above, and such other conditions as the Planning Board shall deem necessary.

[9] If the arrangement of lots results in large expanses of preserved farm use, as defined by Agricultural and Markets Law §305-a, subd.1, the land shall be contained in a separate agricultural use lot. Such agricultural use will be encouraged by conservation easement or deed restriction and noted on the final plat.

7. Reservations and dedications.

a. Public sites, parks, playgrounds and recreational areas. The Planning Board shall require adequate, convenient and suitable areas for parks and playgrounds, or other recreational purposes, to be reserved on the plat, but in no case more than 10% of the gross area of any subdivision. The area shall be shown and marked on the plat “reserved for park, playground or recreational purposes.” In cases where the Planning Board finds that due to the size, topography or location of the subdivision, land for parks, playgrounds and recreational areas cannot be properly located therein, or if in the opinion of the Board, is not desirable, the Board may waive this requirement. The Board shall then require the payment of a park fee in accordance with the Town’s fee schedule.

b. Dedications.

(1) Where a dedication is required, it shall be accomplished as follows. The subdivider shall provide not less than 10% of the gross area of the subdivision


as shown on the preliminary layout. Where such dedication would amount to less than 2 acres, the subdivider shall, in lieu thereof, pay a fee to the town for each lot in his subdivision, to be computed as follows: average value of 1 acre of undeveloped land adjacent to a public road within 1/4 mile of any point within that subdivision, divided by 50 dwelling units, equals the fees per lot.

(2) Moneys received by the municipality from such payments shall be placed in a parkland acquisition and development fund.

c. Unusable areas or areas bordering watercourses. Unusable areas or areas bordering streams, lakes or other watercourses may be given special consideration by the Planning Board in excess of the minimum established by Subsection 2 above. The Town may accept these areas as a gift or may purchase them should they be desirable for public open spaces.

d. Reservation of areas in excess of minimum dedications. Where such sites and open spaces are not shown on the Town Plan, and where deemed essential by the Planning Board upon consideration of the particular type of development proposed in the subdivision, and especially in large-scale developments, the Planning Board may require the dedication or reservation of areas in excess of the minimum dedication.

e. Realignment or widening of existing streets. Where the subdivision borders an existing street and the Official Map or Town Plan indicates plans for realignment or widening of the street that would require reservation of some land of the subdivision, the Planning Board may require that such areas be shown and marked on the plat “reserved for street alignment (or widening) purposes.”

f. Utility and drainage easements.

(1) Where topography or other conditions are such as to make impractical the inclusion of utilities or drainage facilities within street rights-of-way, perpetual unobstructed easements at least 20 feet in width for such utilities shall be provided across property outside the street lines and with satisfactory access to the street. Such easements shall be centered on rear or side lot lines.

(2) All subdivisions shall be related to the drainage pattern affecting the areas involved, with proper provision to be made for adequate storm drainage facilities. Storm drainage plans shall reflect potential surface runoff within the drainage area after development and shall comply with the requirements of the Town Engineer.

(3) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm easement or drainage right-of-way conforming substantially with the lines of such watercourse, and of such width as to encompass the twenty-five-year flood area of such watercourse.

(4) Right-of-way for storm drainage must be sufficient for facilities to handle not only the anticipated discharge from the property being subdivided, but also the anticipated runoff that will occur when property at a high elevation in the drainage basin is developed.


g. Easements for pedestrian access. The Planning Board may require, in order to facilitate pedestrian access from streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least 20 feet in width.

h. Responsibility for ownership of reservations. Ownership shall be clearly indicated on all reservations.

E. Required Data and Documents


Any subdivider who proposes to develop a subdivision in the Town of Greenville shall submit plats and documents as provided in this Section.

2. General requirements.

The following general requirements are applicable to both the preliminary layout and the subdivision plat submittal.

a. Layouts and plats shall be clearly and legibly drawn on transparent linen tracing cloth with black waterproof ink at a convenient scale of not more than 100 feet to the inch.

b. Drawings shall be submitted on uniform size sheets not larger than 36 x 48 inches. When more than 1 sheet is required to show the plat, an index map of the same size shall be submitted.

c. All submissions shall indicate the proposed subdivision name or identifying title; the words “Town of Greenville, Greene County, New York”; the name and address and seal of the licensed engineer or land surveyor responsible for the plat; and the date, approximate true North point and graphic scale.

3. Resource analysis and conceptual discussion phase.

For proposed major subdivisions whereby the parent parcel to be subdivided is at least 20 acres in size, all parties concerned will benefit from a pre-application discussion at which the applicant must present the following information:

a. Submission of Resource Analysis and Conceptual Discussion Phase.

Prior to, or in conjunction with, a submission of a sketch plan, an applicant for a major subdivision for which at least 20 acres or more are proposed to be subdivided, must submit a resource analysis and participate in a discussion with the Planning Board to determine a conceptual plan for the proposed subdivision. The submission shall include an identification of the site’s assets and liabilities. This will provide an opportunity for the owner and public review bodies to discuss the appropriate range of and intensity of development; the general locations intended for development; areas planned to remain undeveloped; and general access alignment. Prior to submission the applicant should become familiar with the Town’s Comprehensive Plan, Subdivision and Zoning Laws and SEQR requirements in order to have a general understanding of the process. The applicant should have also performed an onsite assessment of the parcel(s).


Pre-applications for subdivision review shall be submitted to the Planning Board in 6 copies. A filing fee as specified by town subdivision fee schedule shall accompany the application. There shall be no statutory time limit for the review of the resource analysis, nor the need to make a determination of whether the application is complete.

At this stage, the applicant should present an analysis of the site, its limitations and its opportunities. The applicant should therefore be prepared to discuss possible subdivision concepts, based on what is learned from the sites resource analysis. No statement, comment or other communication made during this informal review shall be binding upon any party.

The pre-application process is required solely to assure that town development goals are recognized as they may apply to the site in question. This should help expedite the process by getting the review off to a cooperative start, before the applicant has made a substantial investment in the application process.

The resource analysis should contain the following information:

(1) The proposed subdivision name or identifying title, and the words “Town of Greenville, Greene County, New York”

(2) The name of the property owner(s) and the authorized applicant, if different from the property owner(s).

(3) Aerial map at a scale of 1” = 400’, showing the location of the proposed subdivision parcel with respect to all streets and property within 1,000 feet of the applicant’s parcel and superimposed with 10’ contours, DEC wetlands, NWI wetlands, floodplains, streams, water bodies, and public trails.

(4) List of natural features known to exist on the parcel including but not limited to, historic buildings, stone walls, rock outcrops, significant trees and stands of trees, potential wildlife habitats and viewsheds. This list is a preliminary step in identifying natural features and is subject to modification and interpretation of the reviewing bodies.

(5) Provide an 8½ x 11 soils map indicating if Prime and/or Statewide important soils, as defined by the Soil Survey of Greene County New York, exist on the property.

(6) General subdivision information necessary to explain and/or supplement the Aerial Map.

b. Study of Resource Analysis and Conceptual Plan.

The Planning Board shall discuss the proposed subdivision with the applicant. Together they will determine how the subdivision can meet the objectives of town regulations. The Planning Board shall consider the proposed building envelopes on the site and their relation to: one another, the natural constraints of the land and to the provision of buffer areas and other open spaces on the site, and the effects on the viewshed. To verify that all necessary information is discussed and reviewed in this process, the applicant and the Planning Board shall fill out Form A: Resource


Analysis Assessment located in Appendix A of this Law and provide a copy to the applicant upon completion. In its review, the Planning Board members may schedule a field visit to the site, and this site walk may be necessary before the assessment can be completed.

The Planning Board will make recommendations for modification or redesign to be incorporated by the applicant in the next submission to the Planning Board and indicate to the applicant the priority resources to be preserved. Any requirements of these Regulations which the applicant requests to be waived should be discussed at this time.

The Resource Analysis and Conceptual Plan discussion does not allow filing of a plat with the County Clerk or authorize the sale or lease of, or any offer to sell or lease, any lots in such subdivision or any part thereof. Resource Analysis and Conceptual Discussion allows the applicant to proceed with Sketch Plan application.

c. SEQR Classification.

New York State Environmental Quality Review (SEQR) classification should be determined by the Planning Board and discussed with the applicant at completion of the Resource Analysis and Conceptual Plan Review and Sketch Plan pre-application discussion.

d. SEQR.

The Planning Board shall initiate the New York State Environmental Quality Review Act (SEQR) process, as defined in Article 8 of the Environmental Conservation Law and Part 617 of the New York Code of Rules and Regulations, upon completion of the Resource Analysis and Conceptual Discussion stage and Sketch Plan phase of the application process, and when a Preliminary Plat application is determined to be complete. The Planning Board shall review the short or full Environmental Assessment Form, and if applicable, the Draft Environmental Impact Statement submitted by the applicant with the Preliminary Plat application materials. The applicant shall be informed by the Board as to whether the application will be subject to additional environmental review as specified in the SEQR regulations. All requirements of SEQR shall be completed prior to any approval of the Preliminary Plat by the Planning Board.

4. Sketch Plan

All parties concerned with a proposed subdivision of land will benefit from a pre-application discussion at which the applicant should present, in simple sketch, the proposed layout of streets, lots and other features. The sketch plan can be presented following the resource analysis and conceptual discussion. The sketch plan should reflect what was learned from the sites resource analysis. The applicant should present the following for the sketch plan discussion:

a. A vicinity map sketched at a scale of 2,000 feet to the inch, indicating the relationship of the proposed subdivision to existing community facilities which serve it, such as roads, shopping, schools, etc. Such a sketch may be superimposed upon a United States Geological Survey Map of the area.

b. A density calculation as outlined in Subsection D (6), Lots.


c. Sketch plan on a topographic survey of the proposed area to be subdivided showing, in simple sketch form, the proposed layout of streets, lots and other features.

d. General subdivision information necessary to explain and/or supplement the vicinity map and sketch plan.

5. Preliminary plat

The preliminary plat submitted to the Planning Board shall show or be accompanied by the following information, except where requirements have been waived:

a. Data required by Subsection E (2), General Requirements

b. The name of the property owner(s) and the authorized applicant, if different from the property owner(s).

c. Tax number of all parcels to be subdivided.

d. Location, bearings and distances of trace boundary.

e. A vicinity map sketched at a scale of 1”=2,000’, indicating the relationship of the proposed subdivision to existing community facilities which serve it, such as roads, schools, shopping, and public trails. Such a map may be superimposed upon a United States Geological Survey Map of the area.

f. Topography at a contour interval of not more than 5 feet, unless waived by the Planning Board and referred to a datum satisfactory to the Board.

g. The name of the owner of all adjoining property owners and others within 200 feet, including property owners across the road from the proposed development. If the proposed development would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the applicant shall complete an agricultural Data statement, in accordance with NYS Agriculture District Law, which shall contain the name and address of the applicant, a description of the proposed project and its location and the name and address of all property owners within 500 feet of the boundary of the property upon which the project is proposed.

h. Location, name and dimensions of existing streets, easements, deed restrictions, zoning district boundaries, property lines, buildings, parks and public properties.

i. Location of existing sewers, water mains, culverts and storm drains, if any, including pipe sizes, grades and direction of flow.

j. Location of pertinent natural features such as watercourses, wetlands, floodplains, rock outcrops, stone walls, agricultural district lands, contiguous forest, and single trees 8 or more inches in diameter (dbh).

k. Location, width and approximate grade of all proposed streets with approximate elevations shown at the beginning and end of each street, at street intersections and at all points where there is a decided change in the slope or direction.

l. Proposed provision of water supply, fire protection, sanitary waste disposal, stormwater drainage, street trees, streetlight fixtures, street signs and sidewalks.


m. Approximate shape, dimensions and area of all proposed or existing lots, and suggested locations of buildings.

n. Conceptual future plans for the parcel, if any.

o. Approximate location and dimensions of all property proposed to be reserved for park or public uses.

p. Information on all County and State permits required for subdivision plat approval.

q. Other approvals or permits required (Town, County, NYS, and Federal).

r. A written statement of any requests for specific waivers of requirements by the Planning Board.

s. Other data which must be available for consideration of the subdivision at this stage.

6. Final plat

The plat submitted to the Board shall show or be accompanied by the following information:

a. Data required by Subsection E (2), General Requirements and Subsection E (5), Preliminary Plat, subsections b through s.

b. Location, width and name of each proposed street and typical cross sections showing street pavement and, where required, curbs, gutters and sidewalks.

c. Lengths and deflection angles of all straight lines and radii: length, central angles, chords and tangent distances of all curves for each street proposed.

d. Profiles showing existing and proposed elevations along the center line of all proposed streets and the elevations of existing streets for a distance of 100 feet either side of their intersection with a proposed street.

e. Present elevations of all proposed streets shown every 100 feet at 5 points on a line at right angles to the center line of the street, said elevation points being indicated at the center line of the street, each property line and points 30 feet inside each property line (only when required by the Board because of the existence of steep slopes).

f. Setback lines.

g. Location, size and invert elevations of existing and proposed stormwater drains and sanitary sewers; the exact location of utilities and fire hydrants.

h. Location of street trees, street lighting standards and street signs.

i. Areas of all lots in hundredths of an acre; lots numbers as directed by the Town Assessor. Location, material and size of all permanent monuments.

j. Accurate location of all property to be offered for dedication for public use, with the purpose indicated thereon, and of all property to be reserved by deed covenant for the common use of the property owners of the subdivision.


k. Sufficient data, acceptable to the Superintendent, to readily determine the location, bearing and length of all street, lot and boundary lines and to reproduce such lines upon the ground.

l. Necessary agreements in connection with required easements or releases.

m. Formal offers of cession to the town of all streets and public parks.

n. Key map showing the location of the subdivision.

F. Required Improvements and Agreements

1. Completion of improvements or filing of bond required.

Prior to an action by the Planning Board approving a plat, the applicant shall be required to complete, in accordance with the Planning Board’s decision and to the satisfaction of the appropriate town departments, all the street and other improvements specified in the action approving said plat or, as an alternative, to file with the Town Board a bond in an amount estimated by the Planning Board to secure to the town the satisfactory construction and installation of the incomplete portion of the required improvements. All required improvements shall be made by the applicant at his expense without reimbursement by the town or any district therein.

2. Performance bonds.

Performance bonds shall comply with the requirements of §277 of the Town Law and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. A period of 1 year, or such other period as the Planning Board may determine appropriate, within which required improvements must be completed shall be specified by the Planning Board and expressed in the bond. The bond shall also provide that an amount determined adequate by the Planning Board shall be retained for a period of 1 year after the date of completion of the required improvements to assure their satisfactory condition.

3. Required improvements.

a. Monuments. Monuments shall be placed at all block corners, angle points, points of curvature in streets and points of tangency or horizontal curves, and at intermediate points as required by the Town Engineer. However, in no case shall there be less than 4 permanent monuments per block. At least 1 monument in each subdivision shall be related to the United States Geological Survey system and shall bear the true elevation above sea level. In addition, markers shall be placed at all points when street lines intersect the plat boundary and at all lot corners. The monuments and markers shall be of such material, size and length as may be approved by the Town Engineer.

b. Water and sewerage facilities. Facilities for water and sewerage shall be provided in each new subdivision in accordance with the requirements of the appropriate agency having jurisdiction over the planning and installation of these in the area of the subdivision; however, the following minimum requirements of the town shall be met:

(1) Central water supply systems shall be designed with adequate pressures, mains and fire hydrants to meet Association of Fire Underwriters’ specifications for a Class C protected area.


(2) All water mains shall be at least 6 inches in diameter.

(3) Sanitary sewers shall not be used for stormwater drainage.

(4) Central sewerage system shall provide a 4” minimum size connection to each lot.

c. Storm drainage facilities.

(1) Regulation. The New York State Department of Environmental Conservation (NYSDEC) regulates stormwater management practice installation under SPDES General Permit GP-02-01. The technical standards for stormwater practice design are in the New York Stormwater Management Design Manual.

(2) Drainage. The NYSDEC’s, Reducing the Impacts of Stormwater Runoff from New Development, should be consulted. A primary goal is to ensure that the peak rate of surface water flowing off site shall not increase above predevelopment conditions, and shall not adversely affect drainage on adjacent properties or public roads.

(3) General design.

(a) Preferred runoff pattern. Preferred design of streets and grading in relation to storm drainage shall be such that runoff from roofs, driveways and other impervious surfaces will be collected in the ditches and/or gutters along the street in short runs [300 or 400 feet] and will then be diverted from the surface into storm sewers or natural watercourses unless storm sewers are to be installed.

(b) Downstream disposal. Subdivision and development of an area increases and concentrates the runoff of stormwater from the area. Applicants are warned that such increase may cause flood or erosion damage to undeveloped properties lying downstream. Storm drainage channels opening on unimproved land shall empty into natural watercourses unless suitable agreement is reached with the owner of the downstream property for another method of handling. In any instance, the disposal of storm drainage downstream shall be satisfactory to the Planning Board as advised by the Town Engineer.

(4) Open Water courses. The use of open watercourses for drainage may involve problems relating to safety, erosion control, stagnant water, protection of capacity and appearance, all of which shall be given adequate attention by the developer as follows:

(a) Safety. Broad, shallow courses shall be created wherever necessary to increase capacity or eliminate steep banks, except in those areas where natural conditions are such that erosion of banks will not occur. Ditches shall, wherever feasible, be in the shape of a wide-top “V” with rounded or squared invert.

(b) Erosion control. Adequate measure shall be taken to prevent erosion. The Planning Board shall require seeding, sodding, planting, riprap or such other measures as may be necessary to prevent scouring.


(c) Drainage. The developer shall avoid the creation or continuation of swampy areas or stagnant pools. The Planning Board shall require fill and/or channel improvements in order to forestall such problems.

(d) Protection of capacity. The developer shall provide adequate measures for the protection of open drainage channels by establishing drainage easements sufficiently wide [generally 20 feet] to enable the working of the channel by motorized equipment, or, alternately, where authorized by the Planning Board, a center block park of a minimum width of 50 feet. All easements shall prohibit the erection of structures, the dumping of fill or the alteration of obstruction of the watercourses without the written permission of the Town Board. Property lines shall be so drawn as to allow drainage easements alongside and rear lot lines, except that drainage easements may be allowed to cross lots larger than 1 acre.

(e) Appearance. As natural watercourses can be an attractive asset to the subdivision as well as to the community, the developer shall, where possible, improve and beautify the watercourses to this end.

(5) Design of storm sewers.

(a) Size and grade. Storm sewers shall have a minimum diameter of 12 inches and a minimum grade of 0.5%.

(b) Manholes. Manholes shall not be more than 300 feet apart where pipe sizes of 24 inches or less are used, and not more than 540 feet apart where larger sizes are installed.

(c) Change in direction. Special sections with radii of 10 to 15 feet shall be installed where abrupt changes are made in alignment.

(6) Design of ditches and gutters.

(a) Length of flow. Subdivisions shall be so designed that the length of flow of water in a gutter or roadside ditch does not exceed 300 feet, except as permitted by the Planning Board. Runs exceeding the maximum shall be put in storm sewers or diverted to natural drainageways.

(b) Minimum grade. All enclosed drainage courses shall be designed with sufficient grade to create a water flow velocity of 3 feet per second. A lesser grade may be permitted by the Planning Board where such a grade cannot be achieved.

(c) Street crossing. Water in gutters and ditches shall not be allowed to flow over intersecting streets but shall be placed in adequate culverts.

(d) Depth and shape of ditches. Where roadside ditches are permitted for runs of more than 300 feet, or where subgrade drainage is necessary, the bottom of such ditch should be below the subgrade and/at a minimum, should be approximately 18 inches below the crown of the road. Ditches shall be V-shaped or parabolic with sides sloping at approximately 1 inch to 3 inches horizontal, except where another cross-section plan is authorized.


(7) Erosion control. Suitable headwalls, endwalls, ditch seeding or sodding and other procedures or devices to prevent erosion shall be used. Town soil and erosion control regulations should be referenced.

d. Street and other improvements.

(1) Streets shall be graded and improved with pavement, street signs, sidewalks, street lighting standards, curbs, gutters, trees, water mains, sanitary sewers, storm drains and fire hydrants, except where the Planning Board may waive, subject to appropriate conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.

(2) Underground utilities required by the Planning Board shall be placed between the paved roadway and street line to simplify location and repair of the lines, and the subdivider shall install underground service connections to the property line of each lot before the street is paved.

(3) Grading and improvements shall conform to the town minimum road specifications and shall be approved as to design and specifications by the Town Superintendent.

4. Inspection.

The Town may employ an inspector to act as agent of the Planning Board for the purposes of assuring the satisfactory completion of improvements required by the Planning Board, and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the town costs of inspection before the subdivision plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with the approved drawings, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.

5. Public utilities.

The Board may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in writing, addressed to the Board, stating that such public utility company will make the installations necessary for the furnishing of its services within a specified time, in accordance with the approved plat.


ARTICLE XV: DEFINITIONS

Except where specifically defined herein, all words used in this Local Law shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. The word "shall" is always mandatory. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel". The word "person" includes an individual person, a firm, a corporation, a co-partnership and any other agency.

ABANDONMENT: An intent to abandon or to relinquish which may be demonstrated by some overt act, or some failure to act which carries the implication that the owner neither claims nor retains any interest in the subject matter of the abandonment.

ACCESS: A way or means of approach to provide vehicular or pedestrian physical entrance to a property.

ACCESSORY STRUCTURE: A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. The size of the structure shall be kept within the character of the area in which the structure is located. Also ACCESSORY BUILDING

ACCESSORY USE: A use or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ADULT BOOKSTORE: An establishment having 25% or more of its stock in trade books, magazines, periodicals, recording, films, video tapes/cassettes, or other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or sexual anatomical areas, and which establishment excludes minors by reason of age.

ADULT DAY CARE: Provision of daytime care to adults whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment but who do not require the level of care provided by nursing homes or medical facilities. Said care shall be provided for a period of time of more than 3 but less than 12 hours on any given day.

ADULT ENTERTAINMENT CABARET: An establishment that presents topless and/or bottomless dancers, strippers, male or female impersonators, exotic dancers, or other similar entertainers, and excludes minors by reason of age.

ADULT ENTERTAINMENT USE: Any use constituting an adult bookstore, adult motion picture theater, adult entertainment cabaret, adult motel, or massage establishment, as those terms are defined herein.

ADULT MOTEL: A motel that is open to the public generally and makes available to its patrons in their rooms films, slide shows, or video tapes which, if presented in a public movie theater, would exclude minors by reason of age.

ADULT MOTION PICTURE THEATER: An establishment presenting material distinguished or characterized by primary emphasis on matter depicting, describing, or relating to sexual activities or


sexual anatomical areas for observation by patrons, and which establishment excludes minors by reason of age.

AGRICULTURE: Raising of crops, poultry, fowls, animals, and animal products; forestry; other commonly accepted agricultural operations for commercial purposes including the sale of products grown on the premises.

AGRICULTURAL DISTRICT: A district established pursuant to Article 25-AA of the Agriculture and Markets Law.

ALLEY: A public way, which affords generally a secondary means of vehicular access to abutting property.

ALTERATION: As applied to a building or structure, any change or rearrangement in the structural parts or in the exit facilities or any enlargement, either by extending a side or by increasing in height, or the moving from one location or position to another. Also STRUCTURAL ALTERATION

AMATEUR RADIO TOWERS: Radio Towers owned and operated by an amateur radio operator currently licensed by the Federal Communication Commission (FCC) and used solely for noncommercial purposes, without any financial compensation. The height of an amateur radio tower including antennas shall be the minimum necessary as recommended by FCC regulations, but shall not exceed a maximum total height of 100 feet, measured vertically from the average ground level at the foundation to the highest part of the structure including any antennas.

AMENDMENT: A change to any portion of this Law which includes revisions to the zoning text and/or the official zoning map; the authority for any amendment lies solely with the Town Board.

ANIMAL HOSPITAL: An establishment for temporary occupation by sick or injured animals for the purpose of medical diagnosis and treatment. Also VETERINARY HOSPITAL.

ANIMAL SHELTER: Any structure or property which houses stray, abandoned or owner-surrendered animals except for fish for impoundment purposes for future disposition including redemption, adoption, sale or disposal. This use may include facilities for the destruction and disposal of animals. Foster home sites and mobile adoption sites may be utilized in the operation of the animal shelter.

ANTENNA: See WIRELESS COMMUNICATION FACILITY.

ARTIST STUDIO: A workshop or workroom for the creation of fine art and crafts such as painting, sculpturing, photography, or other handmade pieces of art. The space may include a residential unit and it may also include teaching area for small groups of ten or less.

AUTOMOTIVE REPAIR SERVICES: A building on a lot designed and/or used primarily for mechanical repairs, storage, rental or servicing of automobiles, trucks or similar motor vehicles. Servicing shall include lubrication, changing the oil and replacing filters, but shall not include the dispensing of fuel.

AUTOMOTIVE SALES or RENTAL: The use of a building, land area, or other premises or portion thereof, for the display, sale, or lease of automobiles including any warranty repair work and other repair service conducted as an accessory use.


BAR: An establishment used primarily for the serving of alcoholic beverages, including liquor, beer and/or wine, by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use. Also NIGHT CLUB or COCKTAIL LOUNGE.

BASEMENT: A story partly below grade and having a portion of its clear floor-to-ceiling height above the average grade of the adjoining ground.

BED AND BREAKFAST: A dwelling in which overnight accommodations for no more than 65 transient guests and breakfast are provided for compensation. A bed and breakfast must be the primary residence of the owner/proprietor.

BERM: A man-made mound of earth designed for decorative, screening or buffering purposes.

BOWLING ALLEY: A building or structure utilized primarily for the sport of bowling, which may include the incidental sale or dispensing of food and drink and the sale or rental of bowling equipment. It may also include video games/pinball machines as long as such does not comprise more than 2% of the gross floor area.

BUFFER AREA: A strip of land, usually landscaped and open in area, intended to protect one type of land use from the other that may be incompatible or separate and partially obstruct the view of two adjacent land uses or properties from one another. Also SCREENING.

BUILDING: Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or other real or personal property.

BUILDING, ASSEMBLY: A building or portions of a building in which facilities are provided for civic, educational, political, religious, or social purposes.

BUILDING COVERAGE: That portion of a lot covered by the maximum horizontal cross sections of all principal and accessory structures.

BUILDING HEIGHT: The vertical distance measured from the established grade at the curb; or if no grade has been officially established at the curb, measured from the average level of the finished ground surface across the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

CALIPER: The diameter of a tree trunk.

CAMP: Any parcel of land on which are located 2 or more cabins, tents, shelters, or other accommodations of a design or character suitable for seasonal or other more or less temporary living purposes, including summer colony, resort and day camp, but not including a mobile home park, boarding house, hotel or motel. A bus shall not be construed to be a camp.

CAR WASH: Mechanical facilities for the washing, polishing or cleaning of automobiles or trucks.

CEMETERY: Property used for the interring of the dead. This use shall not include facilities for cremation.


CLUSTER DEVELOPMENT: A form of residential development that concentrates buildings or lots on a part of the site to allow the remaining land to be used for common open space, recreation and preservation of environmentally sensitive features. The concentration of lots is facilitated by a reduction in lot size.

COCKTAIL LOUNGE: See BAR or NIGHTCLUB.

COMMUNITY CENTER: A not-for-profit or publicly owned facility providing community facilities such as recreational programs and meeting rooms that are open to the public and designed to accommodate and serve significant segments of the community.

COMPREHENSIVE PLAN: Plans and policy statements prepared by and for the Town of Greenville in accordance with the Town Law identifying land use areas and objectives and public facilities and other community features, and providing for the improvement of the Town and for its future growth, protection, and development. The Comprehensive Plan will be amended from time to time to reflect changing community conditions and needs.

CONDOMINIUM: A building or groups of buildings in which dwelling units are owned individually, and the owners own the structure, common areas, and facilities jointly.

CROSSWALK: A right-of-way, publicly or privately owned, which cuts across a block to furnish access for pedestrians to adjacent street or properties.

CULTURAL FACILITY: An establishment owned or leased by a board of directors, having by-laws and operated for the purpose of exhibiting art and artifacts, conducting educational activities and performances.

DAYCAMP: Non-overnight camp providing recreation, arts and crafts, and other activities for pre-school and school age participants, limited to summer and other school vacation periods.

DAY CARE, FAMILY/CHILD: A program or facility caring for children. Said care shall be provided for a period of time of more than 3 hours per day but less than 24 hours on any given day for any given child by an individual, association, corporation, institution or agency whose activities including providing child day care or operating a facility where child day care is provided as defined in Section 390 of the New York State Social Services Law.

DEED RESTRICTION: A restriction on the use of a property set forth in the deed. Also RESTRICTIVE COVENANT.

DENSITY: The lot area per dwelling unit required in the zoning district regulations.

DRIVE-THROUGH FACILITY: Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. A drive-through facility is considered an accessory use. An automobile service station is not considered a drive-through facility for purposes of this law.

DRY CLEANING, RETAIL: A facility serving consumers directly and operated for the purpose of cleaning garments, fabrics, draperies, etc. with any of various non aqueous agents used in small quantities.


DWELLING: A building designed or used for residential occupancy as the living quarters for one or more households. The term "residence," "single family dwelling,” "two family dwelling" or "multifamily dwelling" shall not be deemed to include BOARDING HOUSES, BED AND BREAKFAST INNS, MOTELS OR HOTELS.

DWELLING, SINGLE-FAMILY ATTACHED: A residential dwelling designed for and occupied by one household only that is located on its own lot and shares one or more common or abutting walls with one or more dwelling units. An attached single family dwelling does not share common floor/ceilings with other dwelling units. Also: ROWHOUSE, TOWNHOUSE.

DWELLING, SINGLE FAMILY DETACHED: A freestanding residential dwelling designed for and occupied by one household only.

DWELLING, MANUFACTURED: See MANUFACTURED HOME.

DWELLING, MULTI-FAMILY: A building containing 3 or more dwelling units which are arranged or designed to be occupied exclusively as a residence for 3 or more households, with separate housekeeping, cooking, and sanitary facilities for each.

DWELLING, TWO FAMILY: A building containing 2 dwelling units which are arranged or designed to be occupied exclusively as a residence for not more than 2 families.

DWELLING UNIT: A building or portion thereof, providing complete housekeeping facilities for one family.

ENTERTAINMENT AND COMMERCIAL RECREATION FACILITY: Any establishment that is operated, maintained, or devoted to amusement of the general public, whether privately or publicly owned, where entertainment is offered by the facility. Entertainment facilities shall include, but not be limited to, the following: arenas, theaters, bowling alleys, billiard parlors, video arcades, skating rinks, batting cages, and miniature golf courses. Entertainment facilities shall not include adult entertainment businesses, bars, night clubs, parks, golf courses, motorized vehicle race tracks or recreational courses.

EQUIPMENT RENTAL OR SALES YARD: Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment.

FAMILY: One or more persons living together as a single nonprofit housekeeping unit, using all rooms and housekeeping facilities of a dwelling unit in common and doing their cooking on the premises, as distinguished from a group occupying a boardinghouse or rooming house.

FARM: A parcel of land used for agricultural activities.

FLOODPLAIN: Those lands, including the floodplain, flood fringe, floodway, and channel, subject to inundation by the 100-year recurrence interval flood or, where such data are not available, the maximum flood of record.

FUNERAL HOME: A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services. Such facilities shall not include crematoriums.


GASOLINE STATION: Any area of land, including any structure or structures thereon that is or are used or designated to be used for the supply of gasoline or other fuel for the propulsion of motor vehicles. For the purpose of this chapter, there shall also be deemed to be included within this term any area to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing and repairs, sales and rentals of all motor vehicles, except tractor-trailer trucks.

GOLF COURSE: A tract of land for playing golf for a fee, improved with tees, greens and fairways and which may include clubhouses, pro shops, food and beverage service and shelters, restaurants and cocktail lounges.

GOLF COURSE COMMUNITY: A residential development that is developed integrally with a new and/or existing golf course.

GOLF COURSE, MINIATURE: Any parcel of land that is used for the game of golf played at a much decreased scale and commonly referred to as "miniature golf."

GREENHOUSE: A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. Also NURSERY.

HOME OCCUPATION: An occupation carried on in a dwelling unit or accessory structure by the resident thereof and not more than two non-resident persons; provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and which does not alter the exterior of the property or affect the residential character of the neighborhood.

HOSPITAL: An institution for the care and treatment of the sick and injured, equipped with technical facilities, medical, nursing and other professional and technical personnel necessary for diagnosis and treatment of persons suffering from sickness or injury who require bed care, out-patient care or emergency room care.

HOTEL: A facility offering transient lodging accommodations on a daily rate to the general public. It may provide additional services such as restaurants, meeting rooms, and recreational facilities. Also INN.

HOUSEHOLD: See FAMILY.

HYDRIC SOIL: Soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper soil.

IMPERVIOUS SURFACE: Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to building roofs, parking and driveway areas (paved or gravel), sidewalks, patios and paved recreation areas.

IMPERVIOUS SURFACE COVERAGE: The percentage of the area of a lot that is covered by impervious surface.

IMPROVEMENT: A physical change to the land necessary to produce usable and desirable lots from raw acreage, including grading, pavement, curb, gutter and utilities, including water supply, together


Flag Lot

with sanitary and storm sewers and drains and betterments to existing watercourses, sidewalks, street signs, crosswalks, shade trees, sodding or seeding, street name signs and monuments.

INSTITUTION: A non-profit, religious or public use, such as a church, library, public and private school, hospital, or government owned or operated building, structure or land used for public purpose.

INTERNET SERVICE PROVIDER: A company that provides access to the internet.

JUNKYARD: A lot, and/or structure, or part of thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal of discarded material; or for the collecting, dismantling, storage and salvaging or machinery or vehicles for the sale of parts. A license is required per the Town’s Ordinance Licensing and Regulating Dealers in Second-Hand Junk and Auto Parts Activities and Businesses.

KENNEL: A commercial establishment in which more than 4 dogs, cats or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

LAUNDROMAT: An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.

LIGHT INDUSTRY: A use which involves the fabrication, reshaping, reworking, assembly, or combination of products, including processing, packaging, incidental storage, sales and distribution of such products, but is exclusive of uses that require offensive, noisy, or otherwise objectionable disturbances, such as vibration, dust, and odors. Light Industry does not include from raw materials, such as but not limited to: asphalt, cement, charcoal, fuel briquettes, chemicals and related products which may be dangerous, offensive, or create nuisances; and processes, whether or not related to such production including but not limited to nitrating, milling, reduction, refining, melting, alloying and distillation.

LOT: A parcel of land, whether owned or leased, which is occupied, or designed to be occupied, by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown on a duly recorded plat. If more than one vacant lot of record is held in common ownership and said vacant lots are contiguous and less than the minimum size required in the zoning district, they shall, for purposes of this Law, be held as one lot or as many lots as shall leave no lot less than the minimum lot size required.

LOT AREA: The total horizontal area included within lot lines, except that no part of the area within a public right-of-way may be included in the computation of lot area.

LOT, CORNER: A lot located at the intersection of and fronting on two or more intersecting streets or alleys.

LOT COVERAGE: The portion of a lot that is covered by the maximum horizontal cross section of all principal and accessory buildings.

LOT DEPTH: The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.


LOT, FLAG: A lot with two distinct parts:

(a)the flag, which is the only building site and is located behind another lot

(b) The pole, which connects the flag to the street, provides the only street frontage for the lot and at any point is less than the minimum lot width for the zone.

LOT FRONTAGE: A lot line, which is coincident with a street line.

LOT, INTERIOR: A lot which has no direct frontage on a public or private street, but which obtains access to such streets by way of a private driveway or access agreement across land owned by another party. The front lot line of an interior lot shall be considered that lot line where the driveway or access point enters the property. The front lot line shall be the line from which the building line and required front yard is established. The rear lot line shall be considered that lot line which runs generally parallel to and does not intersect with the front lot line.

LOT LINE: Any property line dividing one lot from another.

LOT, THROUGH: An interior lot having frontage on two approximately parallel or converging streets.

LOT WIDTH: The distance between side lot lines measured at right angles to the lot depth at a point from the front lot line equal to the front yard specified for the district.

LUMBERYARD: A place for the storage and sale of building products.

MANUFACTURED HOME: A home that is built entirely in the factory under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) went into effect June 15, 1976. Manufactured homes may be single- or multi-section and are transported to the site and installed. The federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality. The HUD Code also sets performance standards for the heating, plumbing, air conditioning, thermal and electrical systems. It is the only federally-regulated national building code. Manufactured Homes will have the HUD plate attached to it. On-site additions, such as garages, decks and porches, often add to the attractiveness of manufactured homes and must be built to local, state or regional building codes. Also DWELLING, MANUFACTURED.

MANUFACTURED HOME PARK: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Also MANUFACTURED HOUSING SUBDIVISION.

MANUFACTURED HOUSING SUBDIVISION: See MANUFACTURED HOME PARK


MANUFACTURING: The making or fabrication of raw material by hand, art, machinery, or combination thereof, into finished parts or products.

MASSAGE: A method of treating the external part of the human body by rubbing, stroking, kneading, tapping, or vibrating with hand or any instrument.

MASSAGE ESTABLISHMENT: An establishment where massages are administered, excluding hospitals, nursing homes, medical clinics, offices of health care practitioners duly licensed in which massages are administered to the scalp, the face, the neck, or the shoulder.

MEMBERSHIP CLUB: An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities, except as required for the membership and purposes of such club. Also FRATERNAL LODGES.

MINE: An area of land upon which operations to extract valuable mineral deposits or other materials—typically, but not limited to, phosphate or sand—have been conducted, are being conducted, or are planned to be conducted.

MIXED USE: The development of a tract of land, building, or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment.

MOBILE HOME: A manufactured home produced prior to June 15, 1976, when the HUD Code went into effect.

MODULAR HOME: A dwelling unit constructed on-site in accordance with the State and Local Codes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Excludes MANUFACTURED HOMES as defined in this Article.

MOTEL: A building or group of detached or connected buildings designed or used primarily for providing transient sleeping accommodations where each accommodation unit maintains a separate outside entrance.

MOTOR VEHICLE: Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically-driven mobility assistance devices operated or driven by a person with a disability, vehicles which run only upon rails or tracks, snowmobiles and all terrain vehicles. The term motor vehicle shall exclude fire and police vehicles, farm type tractors and all terrain type vehicles used exclusively for agricultural purposes, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site.

NIGHT CLUB: A drinking establishment which includes either an area in which patrons may dance, or which provides live entertainment other than by a single, instrumental musician or vocalist. Also BAR.

NON-CONFORMING USE: The prior lawful use of land or of a building or structure which subsequently is prohibited by zoning regulations pertaining to the district in which the building or land is situated.


NURSING CARE, REST OR CONVALESCENT HOME: Any building other than a hospital where persons are housed or lodged and furnished with meals and nursing care for hire.

OFFICE, GENERAL: A building or portion of a building wherein services are performed involving predominantly administrative or clerical operations.

OFFICE, GOVERNMENTAL: A building owned, operated, or occupied by a local, state, or federal agency to provide a governmental service to the public such as a Town hall, fire station, or post office.

OFFICE, PROFESSIONAL: The use of office related spaces for such professional services that are provided by accountants, attorneys, architects, engineers, dentists, physicians and similar professionals.

OFF-SITE SIGN: A sign which is located on a parcel of land other than that parcel where the business, service or event advertised is located.

OUTDOOR WOOD BOILERS: any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space.

PARK: Any land and/or associated structures created and maintained by a municipality for the express use and enjoyment by the general public for recreational purposes.

PLANNED DEVELOPMENT DISTRICT: A tract of land which is developed as a unit with a grouping of residential, commercial and/or industrial buildings, together with their accessory buildings and all appurtenant roadways, parking areas, loading areas, open and/or green spaces, and service buildings and facilities.

PLANNING BOARD: The agency empowered by the municipal legislative body under applicable New York State enabling legislation to act as the Planning Board of the Town of Greenville with respect to subdivision administration.

PUBLIC UTILITIES: Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, cable, fiber optics, transportation, water, or sewage systems.

RECREATIONAL VEHICLE (RV) PARK: Any site, lot, field or tract of ground where two or more recreational vehicles are parked or located.

RELIGIOUS INSTITUTION: An institution that people regularly attend to participate in or hold religious services of any denomination, meetings, and other activities. This definition also includes the terms “PLACE OF RELIGIOUS WORSHIP,” “HOUSE OF WORSHIP,” “TEMPLE,” “MOSQUE,” and “CHURCH”.

RESEARCH AND DEVELOPMENT FACILITIES -- A building or portion of a building in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for manufacturing or sales of products.


RESORT: A building or group of buildings having individual sleeping units for hire which are designed primarily for travelers and/or vacationers which may include a restaurant on the premises, and have recreational facilities or other entertainment. RESTAURANT: A business establishment whose principal business is the selling of prepared food to the customer in a ready-to-consume state. The term restaurant includes sit down restaurants, fast-food restaurants and take-out restaurants.

RETAIL ESTABLISHMENT: An establishment selling goods to the general public for personal and household consumption.

RIDING ACADEMY: Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

RIGHT-OF-WAY: A strip of land between property lines open for use as a street, alley or crosswalk.

SCHOOL, PRIVATE: A private facility furnishing comprehensive curriculum of academic instruction similar to that of a public school on the, pre-kindergarten, kindergarten, primary and/or secondary level.

SCHOOL, PUBLIC: Any place offering instruction in any branch of knowledge under the supervision of the State of New York.

SELF-SERVICE STORAGE FACILITY: A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.

SERVICE ESTABLISHMENT, PERSONAL: An establishment primarily engaged in providing services involving the care of a person or his or her personal goods and apparel such as but not limited to beauty parlors, barber shops, shoe repair, tailor shops.

SETBACK: The distance from the lot line or edge of road, whichever is less, to the structure, building or use.

SEWAGE TREATMENT PLANT: Any plant or facility owned or maintained by any county, city, village, town, district, or by any state department agency or authority, or by any sewer company, corporation, person or group of persons, or by any industry or institution, which subjects sewage to a process for removing or altering the objectionable constituents of sewage for the purpose of making it less offensive or dangerous. It is intended to include a plant treating only domestic sewage. Plants consisting of the following treatment schemes are not considered sewage treatment plants.

1. Septic or settling tanks followed by subsurface leaching facilities with eventual discharge to the ground waters, regardless of design capacity.

2. Septic or settling tanks followed by open or covered intermittent sand filters, regardless of design capacity.

3. Any treatment unit which utilizes biological oxidation process for secondary treatment and is intended to include trickling filters, sand filters, oxidation or stabilization ponds, lagoons, or any device performing the same function, with a designated capacity of less than 50,000 gallons per day.


SHARED PARKING -- Two or more land uses or a multi-tenant building that merge parking needs based on different operating hours to gain a higher efficiency in vehicular and pedestrian circulation, economize space, reduce impervious surface and result in a superior grouping of building(s).

SHED: Any accessory structure used for storage or containment.

SHOPPING CENTER: A group of stores, shops and similar establishments occupying adjoining structures all of which may be deemed one building if designed as an architectural unit and if it has adequate space in the rear for loading and unloading commodities.

SIDEWALKS: Any strip or section of concrete or granite a minimum of five feet in width, the prime purpose of which is a walkway.

SIGN: Any material, structure or device, or part thereof, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any structure, including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, sign boards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public.

SITE PLAN: A plan of a lot on which is shown topography, location of all buildings, structures, roads, rights-of-ways, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.

SPECIAL USE: A use that would not be appropriate generally or without restriction throughout the zoning district but which is controlled as to the number, area, location or relation to the town would promote the public health safety, order, comfort, convenience, appearance, prosperity and general welfare. Such uses shall be permitted when the Planning Board finds that they meet the specific criteria provided in this Local Law for them.

STABLE: Any building or group of buildings with a sole function of the storage and/or raising of horses.

STREET: A public or private way, which affords the principal means of access to abutting properties, including any highway.

STORAGE FACILITY: A structure of no more than l0,000 square feet that is accessory to another use or is directly related and utilized by a business or organization that exists in the Town of Greenville and is used for warehousing. Excludes SELF-SERVICE STORAGE FACILITIES.

STRUCTURAL ALTERATION: Any change in either the supporting members of a building such as load bearing walls, columns, beams or girders or in the roof and exterior walls.

STRUCTURE: Anything built or constructed, including but not limited to, a building, bridge, dam, billboard, or tower. For purposes of minimum yard dimensions, structure shall not include fences or such things as swing sets, basketball hoops, etc.


SUBDIVIDER: Any person, firm, corporation, partnership or association who or which shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or others.

SUBDIVISION: The division of any parcel of land into 2 or more lots, plots, sites or other division of land, with or without streets, for the purpose of immediate or future sale or building development.

TATTOO PARLOR: A business where tattoos are applied to people. A tattoo parlor is not a retail business, service establishment or personal service establishment within the intent of this law.

TELECOMMUNICATION TOWER: A structure on which transmitting and /or receiving antenna(e) are located.

THEATER: A building or part of a building devoted to the presentation of theatrical or other entertainment performances including the showing of motion pictures on a paid admission basis. Also CONCERT HALL.

THEATER, DRIVE-IN: An open lot devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

THIS LAW: Refers to the Town of Greenville, New York Land Development Code. Also LOCAL LAW.

TOWN BOARD - The Town Board of the Town of Greenville.

TOWN ENGINEER - The duly licensed professional engineer or registered architect of the Town of Greenville or, if there is no such official, a licensed professional engineer or registered architect employed by the Town Board for this purpose.

USE: The specific purpose, for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USE, PERMITTED: A specific principal use of a building, structure, lot or land, or part thereof, which the code provides for a particular district as of right. Also PERMITTED USE

USE, PRINCIPAL: The main or primary purpose of which a building, structure and/or lot is designed, arranged or intended, or for which they may be used, occupied or maintained under this code. The use of any other building, other structure and/or land on the same lot and incidental or supplementary thereto and permitted under this code shall be considered an accessory use.

USE, PROHIBITED: Within a district, a use that is specifically disallowed. Said term shall not include the uses subject to a Special Use Permit in the particular district.

VARIANCE, AREA: The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.


VARIANCE, USE: The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. An increase in density or intensity of use shall be deemed to require a use variance if such increase is not allowed by right or by Special Permit.

VETERINARY OFFICE: Any structure where animals or pets are given medical or surgical treatment, including short-term boarding of animals when boarding is for the purpose of monitoring recovery, but not including boarding or kenneling.

WATERBODY - A waterbody is any area that in a normal year has water flowing or standing above ground to the extent that evidence of an ordinary high water mark is established. Wetlands contiguous to the waterbody are considered part of the waterbody.

WATERCOURSE: Any natural or artificial, intermittent, seasonal or permanent, and public or private water body or water segment. A water body is intermittently, seasonally or permanently inundated with water and contains a discernible shoreline and includes ponds, lakes and reservoirs. A watercourse includes rivulets, brooks, creeks, streams, rivers and other waterways flowing in a definite channel with bed and banks and usually in a particular direction.

WETLAND: All areas that comprises hydric soils and/or are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by Federal Interagency Committee for Wetlands Delineation 1989; Federal Manual for Identifying and Delineating Jurisdictional Wetlands; United States Army Corp. of Engineers; Unite States Environmental Protection Agency; United States Fish and Wildlife Service; and U.S.D.A Soil Conservation Service, Washington D.C.; Cooperative Technical Publication. Wetland areas include vernal pools, wet meadows, marshes, swamp, bogs, and similar wet areas. Wetlands also include Jurisdictional and Non-Jurisdictional wetlands as defined by current policy of the United States Army Corp. of Engineers.

WETLAND/WATERCOURSE BUFFER: The wetland/watercourse buffer is a specified area surrounding a wetland or watercourse that is intended to provide some degree of protection to the wetland or watercourse from human activity and other encroachment associated with development. The buffer shall be subject to the regulations for wetlands and watercourses as defined in this ordinance.

WHOLESALE BUSINESS: An establishment or other place of business primarily engaged in selling and/or distributing merchandise to retailers to other wholesalers or to industrial or professional business users or primarily acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

WIND ENERGY FACILITY, COMMERCIAL (WIND FARM): An energy facility that consists of more than one utility scale wind turbines or other such devices producing greater than 100 kilowatts of rated capacity and their related or supporting facilities that produce electric power from wind. This definition does not include small wind energy systems or a single commercial energy system.

WIND ENERGY SYSTEM, SINGLE COMMERCIAL. A single, wind turbine producing greater than 100 kilowatts of rated capacity.


WIRELESS COMMUNICATION FACILITY: A structure or device utilized for the receiving and/or transmitting of radio signals, not enclosed within a building or structure, and any form of satellite receiving dishes. It shall specifically exclude customary VHF and UHF TV antennae and TV/Radio transmission towers licensed for public broadcast by the FCC. Also SATELLITE DISH

YARD: An open space on the same lot with a building, unoccupied or unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Law.

YARD, FRONT: An open area on a lot situated between the main building and the front line of the lot extending the full width of the lot.

YARD, REAR: An open area on a lot extending from the rear lot line to a structure.

YARD, SIDE: An open area extending from the side lot line to a structure.

ZONING DISTRICT: A geographic subdivision of and within the Town as delineated on an official Zoning Map for which the requirements of this Law governing the uses, dimensional standards, etc., are uniform herein.


ARTICLE XVI: MISCELLANEOUS

A. Non-Interference and Precedence

This Local Law shall not interfere with, abrogate, annul or, repeal any ordinance or any rule, regulation, or permit previously or hereafter enacted, adopted, or issued pursuant to law, provided that, unless specifically accepted, where this Law imposes greater restrictions its provisions shall control.

B. Violation

A violation of this Law is an offense punishable by a fine up to $10,000 or by imprisonment for not more than 6 months or both. Violations of this Law shall be deemed offenses and for such purposes only all provisions of law relating to offenses shall apply to such violations. Each week's violation shall constitute a separate additional violation.

C. Severability

If any article, sub-article, paragraph, clause, or other provision of this Law shall be held invalid, the invalidity of such article, sub-article, paragraph, clause, or other provision shall not affect any of the other provisions of this Law.

D. Amendments

The Town Board may amend, supplement or repeal the regulations and provisions of this Law after public notice and hearing in accordance with Municipal Home Rule Law. The Planning Board is charged with reviewing this law at least annually and thereafter recommending any amendments it deems appropriate to the Town Board.

E. Coordination

In the months and years after a substantial revision to a Town’s zoning law is adopted it is particularly important that there be close coordination between the Town Board, Planning Board and Zoning Board of Appeals to ensure that the new law is properly protecting the health, safety, morals and general welfare of the community. The regular and special meeting minutes of each board should be provided directly to each of the other boards and the chairs of each board should discuss any issues related to planning, zoning administration and enforcement. It is especially important that necessary clarifications to definitions and findings regarding materially similar uses that should be reflected on the Schedule A Table of Uses should be discussed with the Town Board as circumstances warrant and at least monthly.

F. Compliance with the NYS Environmental Quality Review Act

Notwithstanding any provisions of this Law or any other laws or regulations to the contrary, the provisions and requirements of Article 8 of the Environmental Conservation Law, § 8-0ll3, Part 6l7,


hereinafter referred to as the New York State Environmental Quality Review (SEQR) regulations, shall be complied with.

G. Compliance with County Referrals and Municipal Notifications

The Planning Board shall comply with §§ 239-m and 239-nn of the New York State General Municipal Law prior to taking action on any variance, special use, and re-zoning requests which are located within the distance requirements as spelled out in §§ 239-m and 239-nn of the General Municipal Law.

H. Effective Date

This Local Law shall take effect upon filing with the Department of State and be in force from and immediately upon such filing.


APPENDIX A: FORM A: RESOURCE ANALYSIS ASSESSMENT

Name of subdivision: ________________________________________________

Address: __________________________________________________________

Yes No Not Sure

Are there streams, wetlands, waterbodies or watercourses that require protective buffer areas?

Is there active farmland on the parcel(s)?

Will the active farmland be preserved?

Is there active farmland contiguous to the subject parcel(s)?

Is this an Agricultural Exempt parcel(s)?

Are there ridgelines that the Town desires to be kept clear of development?

Could development alter the visual character from offsite dramatically?

Could development alter viewshed vantage points within the property?

Have visual mitigation measures been discussed?

Are there high-quality trees and significant groups of trees that should be preserved?

Is there the potential for significant wildlife habitats or wildlife migration areas?

Do any of these significant natural areas extend into abutting properties?

Have mitigation measures been discussed?

Are there stone walls and rock outcrops on the site?

Is the parcel adjacent to a public recreational area?

Are there possibilities for walkway, bikeway and/or trail connections?

Are there special cultural and historic features that should be preserved?

Is the parcel adjacent or within an officially designated historic site or district?


Can the development be connected to a public water supply?

Priority resources that must be preserved on the site:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Recommendations:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Date of Planning Board site visit: __________________________________________________


APPENDIX B: SUBDIVISION DESIGN GUIDELINES

The following guidelines, the Land Development Code and the Town of Greenville Comprehensive Plan shall be consulted for the design and siting of all subdivisions.

Design principles:

A. Identify important natural features and locate the building envelope that will minimize the clearing of vegetation and preserve important natural features.

B. The building envelope should not include the tops of ridge lines, wetlands, floodplains, or areas with slopes in excess of 25%.

C. Look at the property from off site. Try not to alter the area’s visual character from offsite dramatically.

D. Site the house to affect the least amount of change to the landscape will protect the property’s most valuable assets.

E. Limit the areas of disturbance to prevent fragmentation of wildlife habitats.

F. Retain stone walls, hedgerows and other rural landscape elements.

G. Place homes and access roads in tree lines, on mildly sloping ground, or along the edges of fields: avoid construction in open fields to preserve the field’s future agricultural potential, views, and to shelter the house site.

H. Locate structures and septic systems more than 100 feet from streams or ponds to protect water quality.

I. Re-use farm roads or country lanes whenever possible, rather than constructing new wide roads.


J. Limit access drives to at most one per parcel unless a traffic analysis or unique conditions fully justify another curb cut. Share access with neighbors whenever possible.

K. Driveways should follow the natural contour of the land.

L. Sites should not be over-cleared a site.


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