[Amended 7-16-2014 by L.L. No. 3-2014; 11-16-2022 by L.L. No. 8-2022]
No building permit shall be issued by the Enforcement Officer
for the erection or alteration of any building or use, except as detailed
herein, on any lot or tract of land in a C-1, P-OR, LI-C, NB-1, or
M-1 District, except in compliance with a site plan for such lot or
plot duly approved by the Town Planning Board in accordance with the
following procedure. Temporary event permits may be issued by the
Building, Planning and Development Department for a nonresidential
use in any zoning district upon approval of the Town Supervisor and
submission of a site plan or sketch detailing the placement of any
tents, parking, tables, etc., required for the temporary event upon
a determination of the Building, Planning and Development Department
that the event is consistent with the last approved use of the site
and that the temporary event will not negatively affect public safety
based upon the proposed event and the current site constraints, if
any. The Town Board shall set the fee for the temporary event permit
annually. This fee may be waived by the Town Board or Town Supervisor
for nonprofit or nonprofit-sponsored events, including school events,
upon proof from the applicant detailing the percentage of profit that
will be retained by the nonprofit.
Prior to the issuance of a building or use permit
or for any extension or expansion of a nonconforming use, there shall
be submitted to the Town Planning Board an application for site plan
approval for such lot or tract including the following information:
A.
Application form prescribed by the Town.
B.
Map at a scale of one inch equals 50 feet or a scale
less to the inch, including thereon or therewith the following information:
(1)
The use, location, size, description and dimensions
of proposed buildings, outdoor storage areas, temporary storage structures
and open spaces.
[Amended 2-1-2005 by L.L. No. 2-2005]
(2)
The proposed layout of accessways and other vehicular
and pedestrian circulation facilities, including the location and
widths of driveways on the site and access to existing and prospective
roads and highways.
(3)
The amount, location and dimensions of off-street
parking and loading areas and access thereto.
(4)
The location and arrangement of any landscaping and
transitional areas.
(6)
Plans for water and sewage facilities.
(7)
The location of signs.
(8)
Stamp of a professional engineer.
(9)
All improvements shall be designed in accordance with the Town of Halfmoon Design and Construction Standards, Chapter 74 of the Town's Code.
[Added 2-1-2005 by L.L. No. 2-2005]
(10)
A stormwater pollution prevention plan consistent with the requirements of Article XVIII, Stormwater Control, of this chapter and Article II, Erosion and Sediment Control, of Chapter 140, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XVIII of this chapter.
[Added 11-20-2007 by L.L. No. 7-2007]
C.
Environmental assessment form and/or draft environmental
impact statement as determined by the Planning Board.
D.
The Planning Board may request additional information
as may be required to complete the review.
E.
It should be noted that an incomplete application
may not be accepted for review, and its acceptance for review does
not determine the application is complete.
F.
Upon a determination by the Zoning Enforcement Officer that the application
submitted for the proposed site plan does not comply with the setback/area
requirements or uses permitted by the local laws of the Town of Halfmoon,
the Zoning Enforcement Officer may issue a written decision denying
the application. Such decision must provide a detailed description
of the reason for the denial. The Planning Board of the Town of Halfmoon
retains sole jurisdiction to approve a site plan in accordance with
the local laws of the Town of Halfmoon. Any application not denied
by the Zoning Enforcement Officer shall proceed for review to the
Town Planning Board for the Town of Halfmoon.
[Added 3-4-2015 by L.L.
No. 3-2015]
The Town Planning Board shall review such plan
and any additional pertinent information and shall approve, approve
with stated conditions, or disapprove such site plan with regard to
the achievement, without limitation, of the following objectives:
A.
A harmonious relationship between such uses located
in adjacent districts.
B.
The maximum safety of vehicular entry to and exit
from the site to existing and prospective streets and highways.
C.
The adequacy of interior circulation, parking and
loading facilities with particular attention to vehicular and pedestrian
safety including emergency vehicles.
D.
The adequacy of transitional landscaping and setbacks
in regard to achieving maximum compatibility and protection to adjacent
properties and residential districts.
E.
The structure shall be aesthetically compatible with
existing and planned uses of adjacent properties and districts.
F.
A stormwater management plan which minimizes runoff
impacts.
G.
The Planning Board may require that changes be made
and/or facilities added to, or deleted from, such site plan and may
make its approval conditional upon compliance therewith.
H.
Prior to final approval for land development activities,
the applicant or developer shall certify that the appropriate stormwater
permits have been obtained for stormwater discharges associated with
construction activities and that the SWPPP has been prepared in accordance
with the effective SPDES requirements and certified by a qualified
professional as defined by the permit.
[Added 11-20-2007 by L.L. No. 7-2007]
[Amended 6-17-2008 by L.L. No. 2-2008; 11-16-2022 by L.L. No. 8-2022]
No building permit shall be issued except in accordance with
a site plan approved by the Planning Board. Following approval or
conditional approval of a site plan by the Planning Board, the Secretary
of such Board shall forthwith transmit such site plan and notice of
such approval to the Enforcement Officer. Prior to the issuance of
a building permit, the proposed construction must meet the applicable
requirements of the Uniform Code, Energy Code, and state and local
laws.
[Amended 7-16-2014 by L.L. No. 3-2014]
An applicant wishing to make a significant change
in a duly approved site plan including but not limited to a change
of use or a change in tenant must apply to the Planning Board and
obtain its approval of the change and must also apply for a new building
permit, except those changes that are allowable through the use of
a temporary event permit.
Any Planning Board site plan approval shall
be valid for one year from the date of issuance. If there is no substantial
change in the condition of the site and/or its environs, the site
plan approval may be extended by the Planning Board for one additional
one-year period upon written request by the applicant and after due
consideration by the Planning Board. This written request must be
made prior to expiration of the original approval.
In its discretion, the Planning Board may schedule a public hearing on any site plan application submitted to it for the purpose of obtaining public input. Notice of such public hearing shall be advertised in a newspaper of general circulation in the Town at least five days before such hearing. In addition, The Planning Board shall provide written notification of the hearing to all owners of property who abut, are adjacent to or are situated across an established road from the boundary lines of the property which is before the Planning Board. Such notification shall be made by certified or registered mail at least 10 days in advance of the hearing. If a public hearing is held and proper notification is provided for such hearing under this section of the chapter, notification required under § 165-30 shall not be required.
The Planning Board will provide notification
if the proposed project is adjacent to a residential zone or use or
represents a substantial change in use or if other circumstances,
as determined by the Planning Board, indicate such notification is
necessary. Upon receipt of a complete application, the Planning Board
shall provide written notification that such application has been
made to all owners of property who abut, are adjacent to or are situated
across an established road from the boundary lines of the property
which is before the Planning Board. Such notification shall be made
by certified or registered mail.
