A. 
All occupations conducted in residential districts shall meet the special permit requirements as outlined in Article XVI and shall conform to the following:
(1) 
The home occupation shall be carried on only by a member(s) of the family residing in the dwelling unit. One employee who is not part of the family is permitted.
(2) 
The home occupation shall be carried on wholly within the principal or accessory structures and shall not exceed 30% of the total building floor space.
(3) 
Exterior displays or signs other than those permitted under Article X, exterior storage of materials and exterior indication that a home occupation exists, or variation from the residential character of the principal structure shall be prohibited.
(4) 
Objectionable circumstances, including those which are visual, together with dust, electrical disturbance, odors, noise, heat or glare, shall not be produced.
(5) 
Parking shall be provided off street and shall not be located in front yards except for a maximum of three cars.
(6) 
Seasonal services may be permitted, provided that those services are personal in nature and are offered within the dwelling occupied by the same, i.e., income tax preparation.
A. 
Intent. The Town of Halfmoon recognizes the importance of agricultural operations both to the local economy and in the preservation of open space and rural character. The intent of this section is to formally recognize the Town's commitment to and support of the provisions of NYS Agricultural and Markets Law Articles 25AA and 25AAA and § 283-a of Town Law. This section applies to both existing and future agricultural operations.
B. 
Specifically, Article 25AA § 308 recognizes an individual's "right to farm" using sound agricultural practices and that these sound agricultural practices shall not constitute a private nuisance. "Sound agricultural practices," as identified in Article 25AA § 308, refers to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of activities which entail sound agricultural practices include, but are not limited to, operation of farm equipment; proper use of agricultural chemicals and other crop protection methods, and construction and use of farm structures. The Commissioner of the New York State Department of Agriculture and Markets shall consult appropriate state agencies, the New York State College of Agriculture and Life Sciences, the USDA Soil Conservation Service and any guidelines recommended by the Advisory Council on Agriculture. Such practices shall be evaluated on a case-by-case basis.
C. 
The Town may exercise its power to enact chapters that apply to farm operations that do not necessarily restrict or regulate farm practices in contravention of Agricultural and Markets Law Article 25AA.
D. 
In accordance with § 283-a of Town Law, any application for an action on or within 500 feet of farming operations in an agricultural district or any operation which has applied and qualified for an agricultural assessment must include an agricultural data statement. The content of the agricultural data statement is outlined in § 283-a.
E. 
Egg-laying chickens shall be permitted on properties currently utilized as a residence as follows:
[Added 3-1-2023 by L.L. No. 4-2023]
(1) 
Lots that have a minimum of 20,000 square feet and a maximum of 79,999 square feet shall be permitted to have up to six egg-laying chickens.
(2) 
Lots that are greater than 80,000 square feet shall be considered "farms" as that term is defined herein.
F. 
An operating permit must be obtained from the Building, Planning and Development Department prior to egg-laying chickens and/or any physical structures related to raising egg-laying chickens being placed on any property that is less than 80,000 square feet. The egg-laying chickens shall be kept in an enclosed area and not be permitted to free-roam on the property. A physical structure/coop for the egg-laying chickens shall be required and shall only be placed in the rear yard of the residentially used property, shall require minimum setbacks of 15 feet from the side and rear property lines, and 10 feet from the residence, and shall have a maximum size of 30 square feet with a maximum height of six feet.
[Added 3-1-2023 by L.L. No. 4-2023]
A. 
Intent:
(1) 
To protect mineral extraction operations permitted by the NYSDEC and/or meeting any standards required by the Town.
(2) 
To protect adjacent properties from the effects of noise, traffic and dust which may result from mineral extraction operations.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
MINERAL EXTRACTION ACTIVITIES
Activities which involve the construction of a pit or excavation of earth to remove sand and gravel deposits.
C. 
Permit required:
(1) 
No person will engage in any mineral extraction activities without first gaining a valid NYSDEC permit if applicable.
D. 
Other requirements:
(1) 
Any person wishing to develop or subdivide lands adjacent to properly permitted mining operations for residential use must identify buffer areas on any required subdivision plans and must indicate on the subdivision plans that an adjacent mining operation exists. The subdivision plans must show a minimum fifty-foot buffer from the property line of the adjacent property with an existing mining operation.
(2) 
Any person wishing to sell property for residential use adjacent to properly permitted mining operations must include a written statement to that effect in the contract or purchase of sale.
(3) 
The Town will develop and maintain a map designating all existing sand and gravel operations and property boundaries for these operations.
A. 
A permit from the Code Enforcement Officer or other designated person shall be required for soil-disturbance activity, as defined in § 165-5, affecting one acre or more or less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct soil-disturbance activities may take place at different times on different schedules. No soil-disturbance permit will be issued prior to final approval and after a preconstruction meeting has occurred.
[Amended 7-16-2014 by L.L. No. 3-2014; 8-3-2016 by L.L. No. 7-2016; 6-19-2019 by L.L. No. 8-2019; 2-21-2024 by L.L. No. 1-2024]
B. 
If a permit is required for the specific soil disturbing activity, the preparation and submission of a soil and erosion control plan will be required. This determination will include the following:
(1) 
Potential for windborne erosion onto adjacent properties or roadways.
(2) 
Potential for soil erosion of adjacent properties.
(3) 
Potential for sedimentation of watercourses, drainage ditches or water bodies of adjacent properties.
(4) 
Amount of trees or other vegetation to be removed.
(5) 
Distance to structures on adjacent properties.
C. 
The applicant must submit a plan based on NYS guidelines for erosion and sedimentation control to the Planning Board for review prior to the start of any soil disturbing activities. The Planning Board will notify the Code Enforcement Officer and the applicant of the adequacy of this plan and what additional steps, if any, must be taken to gain approval by the Planning Board.
D. 
Sound agricultural practices as defined in Article VIII, § 165-40, Right to farm, are exempt from these requirements.
E. 
The Code Enforcement Officer may determine at any time after the start of soil disturbance activities that a soil and erosion control plan is necessary.
F. 
Activities which hold a valid curb cut permit or highway access permit for the purpose of the permitted activity only from the Town/county/state, as applicable, are exempt.
G. 
If a soil-disturbance permit is issued by the Town, the applicant shall submit a monetary amount on a per-acre-of-disturbance basis, either through cash placed in escrow, bond, letter of credit or other means deemed acceptable by the Town. The per-acre amount shall be established by resolution of the Town Board. These funds shall be used to ensure the final stabilization of lawns or property through a perennial vegetative cover or equivalent stabilization measures deemed acceptable to the Town, such as permanent landscape mulches, rock rip-rap or washed/crushed stone, applied on all disturbed areas that are not covered by permanent structures, concrete, pavement or other impervious surface materials. These funds shall only be released back to the applicant when a notice of termination associated with the stormwater pollution prevention plan (SWPPP) is filed by the applicant.
[Added 6-19-2019 by L.L. No. 8-2019]
H. 
The Town Engineer or other Town official authorized by the Town Board shall review the proposed grading submitted pursuant to § 71-5B(2)(e) and/or any other site plan or subdivision plan approved by the Town of Halfmoon. The Town Engineer or other designated Town official shall inspect the lot grading following submittal of the grading plan pursuant to § 71-5B(2)(e) and in coordination with the Code Enforcement Officer. The first inspection shall occur following installation of the foundation. A second inspection shall be conducted by the Town Engineer or other designated Town official prior to issuance of the certificate of occupancy. Payment for the services of the Town Engineer or other designated Town official for this review and inspections shall be at a rate and manner established by resolution of the Town Board.
[Added 6-19-2019 by L.L. No. 8-2019]
[Amended 11-16-2022 by L.L. No. 8-2022]
A. 
Intent: to allow the operation of bed-and-breakfast homestays in residential zones, provided that the use does not adversely affect the residential character of the neighborhood. Bed-and-breakfast homestays are defined in Article III, Definitions.
B. 
Requirements: Bed-and-breakfast homestay uses may be permitted in all residence districts upon issuance of a special permit as outlined in Article XVI. In addition, the following conditions must be met:
(1) 
The property must be owner-occupied and the primary use shall remain residential.
(2) 
No more than three guest rooms shall be used for sleeping areas for guests.
(3) 
Serving of meals shall be limited to breakfast served to overnight guests only.
(4) 
One off-street parking area shall be provided for each sleeping area designated for guests.
(5) 
Exterior alterations to structures which impact the residential character of the neighborhood are prohibited.
(6) 
The structure must meet all the requirements of the Uniform Code, Energy Code, and state and local laws.
[Added 2-1-2005 by L.L. No. 2-2005]
No commercial vehicle of any type shall be parked outside on any public or private property in the A-R, R-1, R-2, R-3 and Residential PDD Zones in Town unless temporarily in connection with a bona fide commercial service, sales or delivery, except those used by the homeowner for personal transportation. Operating or permitting the operation of any motor vehicle or any auxiliary equipment attached to such vehicle for a period of longer than five minutes in any sixty-minute period while the vehicle is stationary for reasons other than traffic congestion or emergency work in a public right-of-way or public space within 150 feet of a residential area is prohibited.
[Added 2-1-2005 by L.L. No. 2-2005]
No portion of any site shall be used for temporary and/or permanent storage, display of any product or material, parking of any vehicles and/or storage containers unless approved by the Planning Board during site plan review. Outdoor storage containers shall require issuance of a temporary building permit for a period not to exceed four months and payment of a building permit fee upon each request for renewal or extension.
[Added 7-16-2014 by L.L. No. 3-2014]
The Code Enforcement Officers shall enforce regulations as set forth by the New York State Department of Environmental Conservation as it relates to open burning. Any violation of the regulations set forth by the New York State Department of Environmental Conservation shall be a violation of the local laws of the Town of Halfmoon.