All occupations conducted in residential districts shall meet the special permit requirements as outlined in Article XVI and shall conform to the following:

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.

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.

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.

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.

Egg-laying chickens shall be permitted on properties currently utilized as a residence as follows:

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.

Intent:

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

Permit required:

Other requirements:

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.

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:

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.

Sound agricultural practices as defined in Article VIII, § 165-40, Right to farm, are exempt from these requirements.

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.

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.

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.

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.

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.

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: