Each application for site plan review and approval
by the Town of Maine Planning Board shall:
A. Contain a statement of development intent containing
the names and addresses of the owners, developers, and agents,
B. Include all the information set forth in this article,
and
C. Include all the information set forth on the appropriate
forms to be provided by the Town of Maine Building and Code Inspector.
The Town of Maine Planning Board is authorized to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in Article
IX, Site Plan Review, of this chapter. Prior to the issuance of a building permit, the site plan relating thereto must be approved by the Town of Maine Planning Board. The issuance of such building permit is conditioned upon such site plan approval.
The Town Planning Board shall comply with the
provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law
and its implementing regulations as codified in 6 NYCRR 617.
In the case of a home occupation use, the following
additional requirements shall apply:
A. The Secretary of the Town Planning Board shall mail
a written notice to the owners of any land immediately adjacent to
the parcel where the proposed home occupation is to be conducted or
carried on, extending 500 feet therefrom. Said written notice shall
be mailed within seven days after the Town Planning Board receives
the application for such site plan review and approval, shall contain
a brief description of said application, and shall indicate that such
adjacent owners may furnish written or oral comments to the Town Planning
Board with respect to said application.
B. In order to achieve the objective of assuring a harmonious relationship between the proposed home occupation use and the uses located in adjacent and neighboring properties as reflected in this Chapter
450, Zoning, and in order to achieve the objective of promoting the health, safety and general welfare of the Town of Maine, the Town Planning Board shall take into consideration the following factors, in addition to the other applicable factors set forth in this Chapter
450, Zoning, in passing upon said application for site plan review and approval for a home occupation:
(1) Whether or not the applicant proposes to use any machinery
or equipment, including vehicles, other than machinery or equipment
normally used in residential, household, domestic or general office
use,
(2) Whether or not the proposed home occupation will produce,
create, allow or generate any offensive noise, traffic, odor, smoke,
vapors, fumes, gases, vibrations, dust, dirt, heat, glare, light or
electric or radio disturbances outside of the dwelling, garage, barn
or other accessory building in which the home occupation is conducted
or carried on,
(3) Whether or not more than 400 square feet of ground
floor area will be devoted to such home occupation, and
(4) Whether or not the home occupation will involve or
include the use, storage, possession, repair, manufacture or sale
of any firearms, munitions, explosives, fireworks, motor vehicles,
alcoholic beverages, radioactive materials, toxic substances, hazardous
substances, alcohol, dye, rubber, acid products, or alkali products.
C. No home occupation shall be enlarged or expanded beyond
what has been approved by the Town Planning Board in the course of
the site plan review and approval process unless the Town Planning
Board shall approve such enlargement or expansion following the submission
of a new site plan for review and approval by the Town Planning Board.
D. Three years after the date that the Town Planning
Board approves a site plan in connection with a home occupation, and
every three years thereafter, the person who conducts or carries on
said home occupation shall personally appear before the Town Planning
Board and indicate whether there has been any enlargement of, expansion
of, or change to, the home occupation, or whether the use of the premises
remains unchanged. The Secretary of the Town Planning Board shall
mail to such person a reminder letter to advise such person of his
or her responsibilities hereunder. If the Town Planning Board determines,
following such an appearance, that the home occupation has been enlarged
or expanded, the Town Planning Board shall notify such person in writing
that he or she shall have 90 days to:
(1) Remedy the unauthorized enlargement or expansion,
(2) Submit a new application to the Town Planning Board
for site plan review and approval, or
(3) Apply to the Town Zoning Board of Appeals for a use and/or area variance. If, at the end of said ninety-day period, the home occupation use of the subject property is not in compliance with applicable provisions of this Chapter
450, Zoning, the person or persons who are then violating this chapter shall be subject to the penalties set forth in §
450-36 of this chapter.
Where a proposed site plan contains one or more
features which do not comply with this chapter, application may be
made to the Town of Maine Zoning Board of Appeals for an area variance
pursuant to § 267-b of the Town Law, without necessity of
a decision or determination of the Town of Maine Building and Code
Inspector charged with the enforcement of this chapter.
The Town of Maine Planning Board shall have
the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to a proposed site plan.
Upon its approval of said site plan, any such conditions must be met
in connection with the issuance of permits by applicable enforcement
agents or officers of the Town of Maine.
The Town of Maine Planning Board is empowered,
when reasonable, to waive any requirements for approval, approval
with modification or disapproval of site plans submitted for approval.
Any such waiver may be exercised in the event any such requirements
are found not to be requisite in the interest of the public health,
safety or general welfare or inappropriate to a particular site plan.