Halfmoon City Zoning Code
ARTICLE VI
Site Plan Review
§ 165-23 Compliance with approved site plan.
[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.
§ 165-24 Submission of site plan.
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]
§ 165-25 Site plan approval.
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]
§ 165-26 Building permit.
[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.
§ 165-27 Changes.
[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.
§ 165-28 Statute of limitations.
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.
§ 165-29 Public hearings.
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.
§ 165-30 Formal notification.
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.