Town of Farmington, NY Administration and Enforcement

Editor's Note: This local law further provided that it was enacted pursuant to the authority in § 10 of the Municipal Home Rule Law and was intended to supersede the residency requirement which applies to the Town Zoning Enforcement Officer as found in § 3 of the Public Officers Law and § 23 of Town Law and any other statute, case law, rule or regulation now or hereafter in effect regarding the contents thereof.

§ 165-94 Certificates and administrative permits.

The certificates and permits enumerated herein are established for the equitable enforcement and administration of the provisions of this chapter.

Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Enforcement Officer authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by Article IX.

Zoning permit.

No building or structure shall be erected, enlarged, structurally altered or moved until a building permit therefor has been issued by the Building Inspector, and no alterations to an existing building shall be made without a building permit, unless such alterations shall cost less than $10,000; shall not materially affect structural features; shall not affect firesafety features, such as smoke detectors, sprinklers, required fire separations and exits; shall not involve the installation or extension of electrical systems; and shall not include the installation of solid-fuel-burning heating appliances and associated chimneys for flues. No building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this Zoning Chapter, or where any necessary Town Planning Board subdivision approval has not been granted. No zoning permit shall be issued by the Building Inspector except in conformity with the provisions of this chapter, unless he receives a written order from the Board of Appeals and/or Planning Board in the form of an administrative review, special use permit or variance, as provided by this chapter.

[Amended 7-27-1981 by L.L. No. 4-1981; 7-26-1988 by L.L. No. 7-1988]

Time limits for commencement and completion.

If the work described in any zoning permit has not begun within 12 months from the date of issuance thereof, said permit shall expire, it shall be canceled by the Zoning Enforcement Officer, and written notice thereof shall be given to the persons affected.

If the work described in any zoning permit has not been substantially completed within 18 months of the date of issuance thereof, said permit shall expire and be canceled by the Zoning Enforcement Officer, and written notice thereof shall be given to persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new zoning permit has been obtained.

Within a subdivision, no zoning permit shall be issued for the construction of any building until all underground utilities (electric, gas, water, sanitary sewer and storm sewer lines, mains and laterals), storm gutters and the binder course of proposed streets have been installed. In the event that the subdivision plat was approved in sections, no zoning permit shall be issued for the construction of any building in a section until all underground utilities, storm gutters and the binder course of proposed streets have been installed in such section.

Certificate of occupancy.

[Amended 7-2-1988 by L.L. No. 7-1988]

No building erected subject to the Uniform Fire Prevention and Building Code and this chapter shall be used or occupied until a certificate of occupancy has been issued. No building enlarged, extended or altered or upon which work has been performed which required the issuance of a building permit shall be occupied unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate authorizing the change has been issued. The owner or his agent shall make application for a certificate of occupancy.

A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance but may be renewed an indefinite number of times.

No certificate of occupancy shall be issued except upon an inspection which reveals no uncorrected deficiency or material violation of the Uniform Code in the area intended for use and upon payment of the appropriate fee.[1]

Editor's Note: Original Subsection E, Special use permit, which immediately followed this subsection, was repealed 3-24-1987 by L.L. No. 1-1987, and 8-9-1988 by L.L. No. 8-1988.

§ 165-95 Application procedures and details.

Zoning permits.

All applications for zoning permits shall be made in triplicate to the Zoning Enforcement Officer on forms supplied by him and shall be accompanied by plans, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Enforcement Officer, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.

One copy of the plans shall be returned to the applicant by the Zoning Enforcement Officer after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the Zoning Enforcement Officer.

Where the proposed use is farm-related, a single-family or two-family residence or an accessory to a single-family or two-family residence, the Zoning Enforcement Officer shall carefully consider the application for compliance with this chapter and may either issue or deny the zoning permit applied for. When the application is for any other permitted use in any zone, the Zoning Enforcement Officer shall require the applicant to apply for site development plan approval from the Planning Board as described in § 165-100.

Certificate of zoning compliance.

All applicants, upon application for a zoning permit, shall make application to the Zoning Enforcement Officer on forms supplied by him for a certificate of zoning compliance.

Within 10 days after the erection or alteration shall have been completed, the applicant shall so notify the Zoning Enforcement Officer, who shall conduct a final inspection of the premises to determine whether the erection or alteration complies with the requirements of this chapter.

No nonconforming use shall be maintained, renewed, changed or extended without a certificate of zoning compliance (certificate of existing use) having first been issued by the Zoning Enforcement Officer. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this chapter, provided that upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of zoning compliance. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this chapter.

Special use permit.

All applications for special use permits shall be made in triplicate to the Zoning Enforcement Officer on forms provided by him.

The Zoning Enforcement Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Planning Board for action thereon.

[Amended 7-27-1981 by L.L. No. 4-1981]

A copy of the complete application and supporting documents shall also be transmitted to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.

The applicant shall prepare a site plan of the special permit use and subject parcel after discussing the proposal with the Planning Board. The site plan to be submitted shall, at the discretion of the Planning Board, contain any or all of the data required in § 165-100 of this chapter. The Planning Board shall refer such site plan to the Conservation Board for its review and recommendation whenever such site plan is located in an open area listed in the Open Space Index of the Town and may also refer such site plan to the Town Engineer for review and recommendation thereon. If the Conservation Board or Town Engineer fails to report to the Planning Board within 45 days of such referral, the Planning Board may act without any such report of recommendations.

[Amended 7-27-1981 by L.L. No. 4-1981]

The Planning Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:

[Amended 7-27-1981 by L.L. No. 4-1981]

By publishing a notice in the official newspaper of the Town at least five days prior to the date thereof.

The Clerk of the Board shall mail a copy of such notice thereof to the applicant and to all agencies, municipalities, authorities, etc., as prescribed in §§ 264 and 267 of the Town Law.[1]

Editor's Note: Town Law § 267 referred to herein was repealed by L. 1991, c. 692; see now Town Law § 267-a.

By requiring the applicant to erect a sign or signs giving notice of such public hearing and the purpose thereof, which sign(s) shall be prominently displayed on the premises facing each public street or road on which the property abuts. The sign(s) shall be furnished to the applicant for this purpose by the Town and shall be set back 15 feet from the property line and shall not be less than two nor more than six feet above the grade at said property line. Said signs shall be displayed for a period of not less than 10 days immediately preceding the public hearing date or any adjournment date thereof. The applicant shall file an affidavit with the Town prior to the public hearing that he has complied with the provisions of this section and that the sign(s) will be removed from the premises and returned to the Town within three days after such public hearing is held.

The Planning Board shall, within 60 days after the public hearing at which the application was considered, advise the applicant, the Zoning Enforcement Officer and the Town Clerk of its findings regarding the factors considered and other problems which can be anticipated from the proposed activity, and of its approval, with any condition the Planning Board may find necessary, or of its disapproval with its reasons in writing. A copy of the appropriate minutes may suffice for this notice. The Planning Board may direct the applicant to comply with any condition which it deems necessary to provide for the public health, safety, and welfare of present or prospective occupants of the special permit use and of any lands contiguous to the proposed use.

[Amended 7-27-1981 by L.L. No. 4-1981]

The Planning Board may, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans and special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth by the Planning Board as part of its public record, 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 or special use permit application.

[Added 12-12-2000 by L.L. No. 1-2000; amended 1-8-2002 by L.L. No. 1-2002]

The Zoning Enforcement Officer shall, upon receipt of notice of approval and upon application by the applicant, collect all required fees and issue a zoning permit for the approved special permit use, subject to all conditions imposed by such approval.

§ 165-96 Appointment of Conservation Board; powers and duties.

[Amended 9-26-2023 by L.L. No. 5-2023]

In accordance with the provisions contained in Chapter 9, Article III, of the Town Code of the Town of Farmington, the Town of Farmington Environmental Conservation Board (ECB) is reestablished with the powers and duties, the procedures applicable to their review(s) of applications, membership, officers, other procedures, and reports.

§ 165-97 Powers and duties of Board of Appeals.

Pursuant to the provisions of the Town Law applicable thereto, the Town Board shall appoint a Board of Appeals consisting of the number of members and for the term of years set forth in § 267 of the Town Law. Said members are hereby vested with the powers and duties and are made subject to the limitations set forth in § 267 of the Town Law, as the same may be amended from time to time, or any sections subsequently adopted pertaining to boards of appeals.

The Board of Appeals shall establish such rules and regulations as are required by law and the provisions of this chapter for the transaction of its business, and may amend, modify and repeal the same from time to time.

Whenever the Board of Appeals, after hearing all the evidence presented upon an application for appeal under the provisions of this chapter, denies or rejects the same, said Board shall refuse to hold further hearings on the same or substantially similar application for appeal by the same applicant, his successors or assigns for a period of one year, except and unless the Board shall find and determine from the information supplied in the request for a rehearing that changed conditions have occurred relating to the promotion of public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing may be granted only upon the favorable vote of a majority of the Board plus one.

Administrative review.

The Board of Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative officer or body in the enforcement of this chapter.

The Board of Appeals may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(Reserved)[1]

Editor's Note: Former Subsection E, which pertained to special use permits, was repealed 7-27-1981 by L.L. No. 4-1981.

Variances.

The Board of Appeals is empowered to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the provisions of this chapter would result in unnecessary hardship (use variance) or practical difficulties (area variance).

As used in this chapter, a variance is authorized for height, area, size of structure, size of yards and open spaces or establishment or expansion of a use otherwise prohibited.

A variance shall not be granted solely because of the presence of nonconformities in the zoning district or uses in ether zoning districts.

In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.

Variances granted shall be the minimum which will accomplish the purpose of providing for reasonable use of land or buildings.[2]

[2]

Editor's Note: Original Subsection G, Temporary use authorization, which immediately followed this subsection, was repealed 12-12-2000 by L.L. No. 1-2000.

§ 165-98 Variance and appeals procedure.

Variance procedure.

The applicant may arrange with the Clerk of the Board of Appeals for an informal discussion with the Board to determine any and all of the data to be included in the application.

All applications for variances shall be made in triplicate to the Clerk of the Board of Appeals on forms provided by said Clerk and shall be accompanied by plans as specified in § 165-95A(1), in addition to such other information as may lawfully be required by the Board of Appeals.

The Clerk of the Board, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Board of Appeals for action thereon.

A copy of the complete variance application and supporting documents shall also be transmitted to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.

The Board of Appeals shall fix a time and place for a public hearing thereon and shall provide for the giving of notice as follows:

By publishing a notice in the official newspaper of the Town at least five days prior to the date thereof.

The Clerk of the Board shall mail a copy of such notice thereof to the applicant and to all agencies, municipalities, authorities, etc., as prescribed in §§ 264 and 267 of the Town Law.[1]

Editor's Note: Town Law § 267 referred to herein was repealed by L. 1991, c. 692; see now Town Law § 267-a.

By requiring the applicant to erect a sign or signs giving notice of such public hearing and the purpose thereof, which sign(s) shall be prominently displayed on the premises facing each public street or road on which the property abuts. The sign(s) shall be furnished to the applicant for this purpose by the Town and shall be set back 15 feet from the property line and shall be not less than two nor more than six feet above the grade at said property line. Said signs shall be displayed for a period of not less than 10 days immediately preceding the public hearing date or any adjournment date thereof. The applicant shall file an affidavit with the Town prior to the public hearing that he has complied with the provisions of this section and that the sign(s) will be removed from the premises and returned to the Town within three days after such public hearing is held.

[Amended 7-27-1981 by L.L. No. 4-1981]

In its review, the Board of Appeals may consult with the Town Engineer and any other town, county and state officials or boards.

The Board shall approve, with or without conditions, or disapprove the application within the time limit specified in § 267 of the Town Law[2] and shall communicate its action, in writing, to the applicant, the Town Clerk, the Zoning Enforcement Officer and other appropriate boards within one week of the time of the meeting at which it decided the application. When applicable, compliance shall be required in accordance with the provisions of § 239-m of the General Municipal Law.

[2]

Editor's Note: Town Law § 267 referred to herein was repealed by L. 1991, c. 692; see now Town Law § 267-a.

The Zoning Enforcement Officer shall, upon receipt of the notice of approval and upon application by the applicant, collect all required fees and issue a zoning permit or such other approval permitting the variance, subject to all conditions imposed by such approval.

Appeals procedure.

An appeal specifying the grounds for the appeal shall be filed with the officer from whom the appeal is taken and with the Board of Appeals.

Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Town, county or state.

The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official.

The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the appeal is taken, provided that such action is within 30 days of the date of the determination appealed from.

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

If the Board determines that a public hearing is necessary, the Board shall fix a time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable length of time thereafter. At the time of the hearing, any party may appear in person, by agent or by attorney.

Any action by the Board shall be stated in writing.

§ 165-99 Appointment of Planning Board; powers and duties.

[Added 7-27-1981 by L.L. No. 4-1981; amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988; 8-11-1998 by L.L. No. 4-1998; 3-23-2021 by L.L. No. 6-2021]

Pursuant to the provisions of the Town Law applicable thereto, the Town Board shall appoint a Planning Board consisting of the number of members and for the term of years set forth in § 271 of the Town Law. Said members are hereby vested with the powers and duties and are made subject to the limitations set forth in §§ 272, 274-a (Site plan review), 274-b (Approval of special use permits), 276, 277, 278, 279 and 280-a of the Town Law, as the same may be amended, modified or changed from time to time, or any sections subsequently adopted pertaining to the powers and duties of the Planning Board.

The Planning Board shall establish rules of procedure as are required by law and the provisions of this chapter for the transaction of its business, and may amend, modify and repeal the same from time to time.

Special use permits. The Town of Farmington Planning Board, in accordance with provisions of §§ 274-a and 274-b of the New York State Town Law, and this Town Code, shall have the authority to issue special use permits for those uses listed in Article VI, Special Permit Uses, of this chapter of the Town Code for such property or portion thereof, and for such duration, and with such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use of the land at issue, as the Planning Board determines to be appropriate under the circumstances. Requests for special use permits shall be subject to the following provisions:

[Added 1-25-2022 by L.L. No. 2-2022]

An application for special use permit review and approval shall be made, in writing, on the appropriate forms and shall be filed with the Administrator in the Town Development Office, who shall forward such application to the Town Planning Board, after consulting with the Town Code Enforcement Officer, the Town Zoning Inspector and the Town Director of Planning and Development. An application for special use permit review and approval shall require and be made in tandem with an application for site plan review and approval for the proposed project. These two applications shall be subject to the same information submission requirements and shall follow one review and approval process as outlined in § 165-100. The application for site plan review and approval shall be considered during the public hearing on the special use permit. In the event an application for site plan approval necessitates granting of an area variance by the Town Zoning Board of Appeals (ZBA), no decision may be made upon either the site plan or the special use permit by the Planning Board until the ZBA has acted. Additional fees shall be required of the applicant to process the special use permit application, the site plan review and approval, and any requested area variance from the ZBA. Such fees shall be established by the Town Board and made part of the Town's Fee Schedule.

In addition to the information submission requirements of § 165-100, the Town Planning Board may require an application for special use permit review and approval to be accompanied, in the following cases, by a transportation impact analysis (TIS), and reviewed by the respective state or county agency, the Town Engineer and Town Planning Board:

Any retail, commercial or industrial development which proposed direct access to a collector or arterial classified road located outside the boundaries of the mapped MTOD Major Throughfare Overlay District and/or the mapped MSOD Main Street Overlay District.

Any large development to be located on property within the boundaries of the mapped MTOD Major Thoroughfare Overlay District and/or the mapped MSOD Main Street Overlay District.

Any residential development which proposed to have five or more dwelling units with individual driveways, or more than 25 dwelling units having access to a state or county highway, by means of a proposed or existing Town highway located within the mapped MTOD Major Thoroughfare Overlay District and/or the mapped MSOD Main Street Overlay District.

Any other use which may, in the opinion of the Town Highway Superintendent, the Town Engineer, or a qualified traffic engineer, detrimentally impact the safe and efficient movement of traffic along public roads.

The transportation impact statement shall include the following:

A description of the proposed site and the existing highway network within one mile of the site, including relationship of the site to existing and proposed access roads.

A detailed description of road conditions and characteristics, including but not limited to grades, pavement widths, sight distances (or restrictions), observed speeds, accidents, and surface conditions in the vicinity of the site.

The locations of intersections, traffic signals, and public transportation facilities in the vicinity of the site.

The locations of sidewalks, bike lanes and trails in the vicinity of the site.

A description of existing traffic conditions, including average daily traffic volumes, design hour volumes, roadway and intersection capacities and levels of service for each road or highway impacted by the project.

A determination of the development's anticipated transportation impact using standard trip-generation rates and accepted traffic modeling methodologies that consider effects on adjacent development and the need for access controls or additional traffic control devices.

Compliance with the driveway spacing standards contained in Chapter 165, § 165-34, of the Farmington Town Code.

For development located on property within the boundaries of the mapped MTOD Major Thoroughfare Overlay District and/or the mapped MSOD Main Street Overlay District, an analysis of the project's potential transportation impacts on proposed future transportation and impacts on proposed future access roads to the development site.

Approval by the Town Planning Board of any special use permit shall be contingent on a finding by the Board, based on information submitted and testimony given by the applicant at the public hearing, testimony received by the public at the public hearing, referral comments and recommendations received from the Ontario County Planning Board, and Town staff comments, that the project or development will, as applicable:

Provide adequate and safe site access for vehicles as well as pedestrians and bicyclists.

Provide adequate site utility service, including water supply, sewage, refuse disposal, stormwater control and signage.

Be compatible with and enhance, to the greatest extent possible, the existing natural features of the site and surrounding areas.

Comply with the specific requirement(s) for granting a special use permit as set forth in Article VI of this chapter, unless the Planning Board, as permitted by New York State Town Law § 274-b[5], determines by written resolution to waive a special use permit requirement.

Protect prime and unique classified agricultural soils and not conflict with nearby established agricultural operations.

Avoid harm or destruction to unique natural features found on the site, such as drumlins, freshwater wetlands, floodplains, established mature trees and wood lots, etc.

Protect historic structures located on the site.

Provide adequate landscaping, screening or buffering between adjacent uses which may be incompatible with the proposed project.

(i)

Provide adequate mitigation measures for identified adverse environmental impacts determined by the Town Planning Board as part of the environmental review of said special use permit application.

The Town Planning Board shall review the application for special use permit approval based upon the criteria and considerations listed above as well as those listed in Article VI of this chapter. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed above or those listed in Article VI, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, then the request for approval of a special use permit shall be denied. Should the applicant, based on the findings of the Board, meet all the criteria or requirements listed, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for special use permit approval shall be granted. The Town Planning Board may approve an application for a special use permit, subject to appropriate conditions and/or the inclusion of mitigating measures that will ensure compliance with the criteria and requirements listed above and in Article VI of this chapter.

A special use permit granted for a special use activity on property shall lapse upon abandonment of such activity on such lot or after one year of nonuse of the lot for such permitted activity, and warrant revocation of the special use permit upon action by the Planning Board after notice and hearing.

§ 165-100 Site development plan.

Town Planning Board site plan review authority.

[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]

The Town of Farmington Planning Board, in accordance with the provisions of § 274 of New York State Town Law,[1] shall have the authority to review and approve site development plans for the following uses prior to the issuance of any zoning permits:

Principal uses:

[Amended 5-25-1993 by L.L. No.2-1993; 12-22-2009 by L.L. No. 6-2009]

All principal uses permitted in this chapter are subject to site development plan approval, with the only exceptions being as follows:

[Amended 2-26-2013 by L.L. No. 2-2013; 3-23-2021 by L.L. No. 6-2021]

[a]

A single-family or two-family dwelling unit; and

[b]

A subdivided lot that is defined as a nonbuildable lot due to the lack of details shown on the subdivision plat for the provision of water and on-site wastewater treatment; and

[c]

General farming or nursery uses permitted by right on land located within the established Ontario County Consolidated Agricultural Use District No. 1; and

[d]

A change in use of a previously allowed use within a previously approved building or structure provided that there is no change in required parking, site drainage, access, lot coverage, or exterior alteration of the building or structure; and

[e]

Additions or structural alterations that are less than 1,000 square feet of ground coverage, provided that such additions or alterations do not affect site parking requirements, site drainage, and do not involve single-family detached or two-family dwellings.

Accessory uses:

[Added 5-25-2010 by L.L. No. 4-2010]

All necessary uses, with the exception of those accessory uses permitted for single-family and two-family dwellings; and

[2]

On-site-use wind energy systems.

[3]

Building-mounted, building-integrated and ground-mounted solar photovoltaic (PV) systems designed for on-site consumption of electrical energy.

[Added 3-23-2021 by L.L. No. 6-2021]

Editor's Note: Town Law § 274 was repealed by L. 1992, c. 663. See now Town Law § 271.

Prior to the issuance of any zoning permits for any uses which require site development plan approval under this section, the Town Zoning Enforcement Office shall require the preparation of a site plan and shall refer such plan to the Town of Farmington Planning Board for its review and approval in accordance with the standards and procedures set forth in this section.

Request for preapplication sketch plan conference. At the same time of application for site plan approval, the applicant shall indicate whether or not an optional sketch plan conference with the Town Planning Board is desired. The Town Planning Board may require such a conference with the applicant, depending on the nature and complexities of the proposed project. The sketch plan conference shall be conducted at a regularly scheduled meeting of the Town Planning Board, but shall not be a public hearing. The purpose of the sketch plan conference shall be for the applicant to present to the Town Planning Board, for initial review, discussion and comment a design concept or plan for the development of a parcel or parcels of land within the Town. During the conference, the applicant and the Town Planning Board shall review and discuss the basic site design concept and generally determine any additional information to be required on the preliminary site plan.

[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]

At the sketch plan conference, the applicant shall provide a written statement outlining the proposed project, along with a conceptual design sketch and the following additional information:

Title of drawing.

An area map showing the parcel under consideration for site plan review and all existing and proposed properties, subdivisions, utilities, streets and easements within 500 feet of the boundaries thereof.

Internal street pattern, if any, of the proposed development.

Location of all existing and proposed structures on the site and designated uses for each.

Existing zoning classification(s) of the property and all properties within 1/4 mile and any restrictions on land use of the site.

Existing natural features on the site and the future use of the same.

Contour intervals at 10 feet, including 200 feet of adjacent property.

Names of the owner and owners of adjacent properties.

The Planning Board may, at this stage, suggest changes in the sketch plan involving the street layout, traffic patterns, lot size or shape, preservation of natural features or other matters which, in its opinion, will improve the layout in keeping with the best interests of the Town.

The Planning Board shall be permitted a reasonable time to review, but in no instance longer than 45 days.

Applications for preliminary site plan approval. All preliminary applications for site plan approval shall be made in writing to the Town Code Enforcement Officer (CEO), on appropriate forms, and shall include, as required by the CEO or the Town Planning Board at the sketch plan hearing, drawings, maps or other relevant documents that present the necessary information, taken from the following list (maps and drawings submitted as a part of preliminary site plan applications shall be prepared by a New York State licensed engineer, architect, landscape architect or land surveyor with exemption, and shall be certified by the seal or signature of such engineer, architect or surveyor):

[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988; 3-23-2021 by L.L. No. 6-2021]

Preliminary site plan checklist:

Title of drawing, including name and address of the applicant and person responsible for preparation of such drawing.

North arrow, scale, original date and last revision date for all maps.

An area or location map showing that portion of the applicant's property under consideration, the applicant's entire adjacent holdings and all properties, subdivision, streets and easements within 200 feet of the applicant's property.

Identification of the boundaries of the property, plotted to scale; dimensions of the site and total acreage.

The current zoning of the property and any proposed zoning changes.

Existing watercourses.

A grading and drainage plan showing existing and proposed contours and methods of on-site drainage and/or water retention and detention.

The location, proposed use and height of all buildings.

(i)

Typical floor plans and elevations for all buildings.

(j)

The location, design and traffic circulation patterns for all parking areas and truck delivery areas, showing all parking areas and truck delivery areas, showing all ingress and egress points, driveways, drive aisles, location and the size of all curb cuts, etc.

(k)

For projects located on property located with the MTOD Major Thoroughfare Overlay District or the MSOD Main Street Overlay District, descriptions and locations of existing and proposed means of ingress and egress from the property to State Routes 96 or 332, including provisions for required access from the site to future access roads.

(l)

A description of provisions for pedestrian access and circulation, including sidewalks, handicapped parking areas and ramps, crosswalks, pavement markings, etc.

(m)

The size, nature and location of any outdoor storage area; the location of any outdoor fencing, including size, height and type of construction.

(n)

The location, design and construction materials of all existing or proposed site improvements, such as drains, culverts, retaining walls, outdoor storage tanks, retention ponds, air conditioning units and waste disposal units, etc.

(o)

A description of the method of sewage and stormwater disposal and location, design and construction materials of such facilities.

(p)

A description of the method of securing public water and location, design and construction materials of such facilities.

(q)

The location of fire and other emergency zones, including the location of fire hydrants.

(r)

The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.

(s)

The location, size, design and construction materials of all proposed signs.

(t)

The location and proposed development of all buffer areas, including existing and proposed vegetative cover; the location of all existing stands of trees.

(u)

The location and design of outdoor lighting facilities.

(v)

A designation of the amount of building area to be used for retail sales or similar commercial activity, if any; an estimate of the maximum number of employees to be on the site at any one time.

(w)

The general landscaping plan and planting schedule.

(x)

Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution.

(y)

A tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. The overlay shall also include an outline and description of existing vegetation for areas with potential erosion problems.

(z)

Any proposed homeowners' agreement

For projects located on parcels within the MTOD Major Thoroughfare Overlay District or the MSOD Main Street Overlay District, a written statement shall be provided by the applicant, which outlines the project's conformance or nonconformance with the standards and criteria for site design within the underlying zoning district; and the design standards for site access contained within the intent and objectives of the Route 96/Route 332 Corridor Development Plan, as adopted and maintained by the Farmington Town Board.

A letter of intent, prepared by the applicant or his designated representative or agent, shall accompany the preliminary site plan application and shall include a statement outlining the proposed project, the owner of the property and any proposed buildings, the project builder or contractor, if known, and a proposed construction schedule. Additional information may include data on the nature and legal status of existing and proposed easements, access agreements, a description of all deed restrictions or covenants applicable to the property, principals involved in the financing of the project, and any other information deemed necessary by the Code Enforcement Officer or Town Planning Board.

Planning Board review of preliminary site plans located within the mapped MTOD Major Thoroughfare Overlay District and the MSOD Main Street Overlay District is to be based upon uniform architectural and landscaping standards that promote tourism, protect the public welfare and preserve uniform site development by requiring new construction which is located along this Gateway to the Finger Lakes Corridor of our community to adhere to the provisions contained in the Town Planning Board's adopted site design guidelines and to the following provisions:

[Added 3-24-1987 by L.L. No. 1-1987; amended 8-9-1988 by L.L. No. 8-1988; 10-9-2007 by L.L. No. 6-2007; 12-22-2009 by L.L. No. 6-2009; 3-23-2021 by L.L. No. 6-2021]

General considerations.

The adequacy and arrangement of vehicular access and circulation into and through the site, including separation of vehicular and pedestrian traffic, location and design of driveways, drive aisles, intersections, traffic control devices and curb cuts.

For projects located on parcels within the MTOD Major Thoroughfare Overlay District or the MSOD Main Street Overlay District, the adequacy of provisions for required access to adjacent public streets and the impact of required future access changes on internal parking and vehicular circulation patterns.

The adequacy and arrangement of pedestrian and bicycle access and circulation into and through the site, including separation of pedestrian and vehicular traffic, location and design of walkways, bike lanes, sidewalks, control of pedestrian/vehicular conflicts at intersections and overall pedestrian convenience and safety within the site; the adequacy of facilities designed to assist handicapped persons using the facility.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

Adequacy of stormwater and drainage facilities.

Adequacy of water supply and sewage disposal facilities.

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.

(i)

In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.

(j)

Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.

(k)

Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

(l)

Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

(m)

Adequacy of provisions to control erosion from the site, maintain existing vegetation and wildlife habitats within the site, deal with peculiar soil types on the site and other similar site environmental problems.

(n)

Adequacy of provisions for snow storage and/or removal.

(o)

The proposed construction schedule or phasing of the project and its relationship to overall project design; for projects located within the MTOD Major Thoroughfare Overlay District or the MSOD Main Street Overlay District, the relationship of the proposed construction schedule or phasing of the project with the establishment of future nearby access roads for site access.

(p)

General project conformance with accepted planning, engineering and site design standards and criteria.

(q)

Stormwater pollution prevention plan (SWPPP). A stormwater pollution prevention plan consistent with the stormwater requirements of Article IX of this chapter and § 144-13, Subdivision of Land, of the Code of the Town of Farmington shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article IX of this chapter. The approved site plan shall be consistent with the provisions of Article IX of this chapter and § 144-13, Subdivision of Land, of the Code of the Town of Farmington.

In its review, the Planning Board may consult with the Town Engineer, Parks and Recreation Commission, Conservation Board, Town Fire Departments, Ontario County Planning Department and other Town and county officials, as well as with representatives of federal and state agencies.

The Town Planning Board is hereby authorized to require, as part of site plan approval, that the exterior design of all structures, buildings and landscaping on property located within the mapped MTOD Major Thoroughfare Overlay District and the mapped MSOD Main Street Overlay District, excluding single-family detached or two-family dwellings, be made in accordance with the Town site design guidelines for State Route 332 and State Route 96.

The Town Planning Board shall require a separate landscaping plan to be presented for all sites located within the mapped MTOD Major Thoroughfare Overlay District and the mapped MSOD Main Street Overlay District, excluding single-family detached or two-family dwellings, to be made in accordance with the adopted site design guidelines by the Town Planning Board.

Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 45 days of the receipt of a complete application for preliminary site plan approval and shall be advertised in the official newspaper of the Town at least five days before the public hearing. Following the close of a public hearing, the Planning Board shall make a decision upon said application within 62 days.

Required referral. Prior to taking action on the preliminary site development plan, the Planning Board shall refer the plan to the County Planning Board when necessary for advisory review and a report in accordance with § 239-m of the General Municipal Law.

Planning Board action on preliminary site plan.

[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]

Within 60 days of the receipt of an application for preliminary site plan approval, the Town Planning Board shall act on it. If no decision to deny such an application is made within said sixty-day period and upon completion of all other requirements by the applicant, the preliminary site plan shall be considered approved. The sixty-day time limit for action on the preliminary site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved or approved with conditions. The Planning Board shall incorporate a statement of findings into the decision and must clearly state the reasons for the action being taken.

The Town Planning Board may approve an application for preliminary site plan approval when, based on the information presented to the Board, it has determined that the project will adequately and appropriately address the considerations and criteria listed in this section. The Planning Board's statement of approval may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned. The Planning Board's decision shall refer to a specific site plan drawing by date and number.

No modification of existing stream channels, filling of lands with a moderate-to-high susceptibility to flooding, grading or removal of vegetation in areas with a moderate-to-high susceptibility to erosion or excavation for construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, final site plan approval may require the modification, restoration or removal of unapproved site changes.

Application for final detailed site plan approval.

After receiving conditional approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval, except that if more than six months has elapsed from the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.

The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. If a landscape plan was not submitted on prior applications, such a plan must be submitted with the application for final approval.

The following additional information shall accompany an application for final site plan approval:

[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988]

Detailed sizing and final material specifications of all required improvements.

An estimated project construction schedule.

Submission of all proposed easement agreements required for the project.

Submission of evidence of firm financial commitments for construction and permanent financing projects.

For projects to be located on parcels within the MTOD Major Thoroughfare Overlay District, submission of a signed statement from the applicant indicating his acceptance of and agreement to the requirements for provision of future access to the project site, as shown and designed in the preliminary site plan and as outlined in the Route 96/Route 332 Corridor Development Plan, as adopted and amended by the Town of Farmington.

Letter of credit. The Town Board, based upon the recommendation of the Town Engineer, may require a letter of credit or bond for any facility or improvement that is indicated as part of the plan, and including but not limited to such items as parking areas and buffer and screen devices.

Action of final detailed site plan application.

[Amended 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L., No. 8-1988]

Within 60 days of the receipt of the application for final site plan approval, the Planning Board shall render a decision to the Zoning Enforcement Officer. If no decision is made within the sixty-day period, the final site plan shall be considered approved. However, the sixty-day time period may be extended by mutual consent of the Town Planning Board and the applicant. The Planning Board's decision shall clearly refer to a specific site plan by drawing number and date.

Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Zoning Reinforcement Officer, who shall then issue a zoning permit to the applicant if the project conforms to all other applicable requirements.

Upon disapproving an application, the Planning Board shall so inform the Zoning Enforcement Officer, and he shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.

In taking action on applications for final site plan approval, the Town Planning Board shall ensure that, to the maximum extent possible, the minimum requirements of this chapter have been met or that appropriate variances have been granted by the Town Zoning Board of Appeals. The Town Planning Board may impose additional restrictions or conditions on applications for final site plan approval beyond the general requirements of the Town Zoning Law but within the scope and authority of this section if it determines that such restrictions or conditions are necessary to ensure project conformance with generally accepted planning, engineering and design standards and criteria, to minimize the project's adverse impact on adjacent land uses, transportation network or other physical or environmental features or are directly related to the health, safety or general welfare of the community. Such additional restrictions or conditions shall be in the form of a resolution of approval, to be signed by the applicant as a condition of final site plan approval. For projects to be located on parcels within the MTOD Major Thoroughfare Overlay District or the MSOD Main Street Overlay District, the resolution of approval shall include the statement indicating acceptance of and agreement with the requirements for provision of future access to the project site, as shown and designed in the final site plan and as outlined in the Route 96/Route 332 Corridor Development Plan, as adopted and as may be amended from time to time by the Farmington Town Board.

[Amended 3-23-2021 by L.L. No. 6-2021]

Final site plan approval cannot be granted for any project until all necessary variances from the Town Zoning Board of Appeals have been granted, any letter of credit required by the Town Board executed and any required review or referral has been received from the Ontario County Planning Department in accordance with the provisions of § 239-m of the General Municipal Law.

An application for preliminary or final site plan approval which has been denied by the Town Planning Board may not be resubmitted to the Board for a period of one year from the date of such decision, unless such plan has been changed or revised to reflect the concerns and recommendations of the Planning Board indicated in its notice of denial.

Expiration of site plan approval. Such site plan approval will automatically terminate two years after the same is granted unless significant work has been commenced on the project.

Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense shall be charged to the applicant.

[Amended 3-24-1987 by L.L. No. 1-1987; 1-4-1988 by L.L. No. 1-1988; 8-9-1988 by L.L. No. 8-1988]

Performance guaranty. No certificate of zoning compliance shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Planning Board after consultation with the Zoning Enforcement Officer, Town Engineer, Town Attorney or other competent persons.

Inspection of improvements. The Zoning Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Town Engineer and other officials and agencies, as appropriate.

Integration of procedures. Whenever the particular circumstances of a proposed development require compliance with either the special use procedure in this chapter or the requirements of Chapter 144, Subdivision of Land, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.

§ 165-100.1 WEFD Wind Energy Farm District site plan review and approval.

[Added 5-25-2010 by L.L. No. 5-2010]

Application. The Planning Board shall review the accompanying site plan for any application for WEFD Wind Energy Farm District rezoning. The following submission requirements are in addition to the site plan requirements set forth elsewhere in this chapter, in § 165-100 and must be observed regarding a site plan application for a wind energy farm system:

Completed application form as supplied by the Town of Farmington for site plan approval for a wind energy farm system; and

Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application; and

A plot plan and development plan drawn in sufficient detail, as prepared by a licensed engineer or surveyor, clearly describing:

Property lines and physical dimensions of the proposed site, including contours at five-foot intervals; and

Properties adjacent to the site where the wind energy farm system will be located; and

Location, approximate dimensions, and types of existing structures and uses on the site, including all setbacks from property lines; and

Location and elevation of each proposed wind farm energy farm system; and

Location of all substations, electrical cabling from the wind energy farm system to the substations, ancillary equipment, including permanent meteorological towers, associated transmission lines and layout of all structures within the geographical boundaries of any applicable setback required on the site; and

Location of all roads and other service structures proposed as part of the installation; and

Soils at the construction site.

Placement. All towers shall be located in such a manner as to minimize visual impacts to residential sites located within 2,500 feet of the subject property lines, taking into account the locations of existing structures as well as the size and configuration of the parcel on which the wind energy farm system will be located.

Color. Neutral paint colors (i.e., grays) to achieve visual harmony with the surrounding area.

Guy wires. Anchor points for guy wires for the wind energy farm system tower shall be located within the required setback lines for accessory structures and not on or across any aboveground electric transmission or distribution lines. All anchor points of guy wires and along guy wires from the ground up to a height of 10 feet shall be visible, reflective, colored objects, such as flags, reflectors or tapes.

All wind energy farm systems shall not be climbable up to 15 feet above existing ground.

All wind energy farm system access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

(9)

All applications shall be accompanied by a completed Part 1, signed by the applicant, of the State Environmental Quality Review Regulations Full Environmental Assessment Form. The following additional material may be required by the Planning Board:

Project visibility map showing the impact of topography upon visibility of the project from other locations, to a distance of five miles from the subject property boundaries; and

No fewer than four color photos taken from locations within the distance of 2,500 feet specified above herein.

(10)

All site plan applications shall be accompanied by a detailed noise analysis prepared by a competent acoustical consultant documenting the noise levels associated with the proposed wind energy farm. The analysis shall document noise levels at the property lines and the nearest residence not on the site. The noise analysis shall include low-frequency noise.

(11)

All site plan applications shall be accompanied by a shadow flicker analysis. Said analysis shall identify locations where shadow flicker may be caused by the wind energy farm system and the expected durations of the flicker at these locations. The analysis shall also identify where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate or mitigate the problems.

(12)

All site plan applications shall be accompanied by a lighting plan showing illumination patterns on the site which are to be in accordance with the Town's lighting standards set forth in § 165-64 of the Town Code.

(13)

Documentation from the wind energy farm system's manufacturer that includes specifications and installation and operation instructions.

(14)

Certification by a registered professional engineer that each wind energy farm system tower and base design is sufficient to withstand wind and ice load requirements.

(15)

Documentation on the drawings certifying that all necessary access easements and utility easements shall be recorded in the Office of the Ontario County Clerk prior to the issuance of any building permits.

(16)

A revegetation plan that complies with the New York State Department of Agriculture and Markets restoration guidelines and that addresses how areas that are temporarily disturbed during construction will be restored, as well as restoration after decommissioning.

(17)

A drainage plan for construction and operation as well as an erosion plan.

(18)

A written plan for storage, usage and disposal of all hazardous materials, lubricants, cleaning supplies, etc., in accordance with the New York State Department of Environmental Conservation (DEC) regulations and the written plan shall be approved by the DEC.

(19)

No wind energy farm system under this provision shall be artificially lighted, unless so required by the FAA. Use of nighttime, and overcast daytime conditions, stroboscopic lighting to satisfy tower facility lighting requirements for the FAA may be subject to on-site field testing before the Planning Board as a pre-requisite to the Board's site plan approval with specific request to existing residential uses located within 2,000 feet of each tower for which such strobe lighting is proposed.

Public safety emergency communications towers. Every wind energy farm system shall not be allowed to compromise the effectiveness of public safety emergency communications towers. As part of each site plan approval, the Ontario County Office of Emergency Preparedness shall be required to provide written confirmation of any wind energy farm system's effect upon the effectiveness of the emergency communications system's being compromised.

Wind energy farm system site plan review criteria. In addition to the above, no site plan shall be approved unless the Planning Board determines that the proposed wind energy farm system is oriented in its location upon the site as to layout, coverage, screening, means of access and aesthetics so that:

There shall be reasonable compatibility in all respects with any structure or use in the neighborhood, actual or permitted, which may be directly substantially affected.

There should not be any unreasonable detriment to any structure or use, actual or permitted, in the neighborhood.

The design of each wind energy farm system shall not allow for climbing by the public for a minimum height of 15 feet above existing ground level.

All guy wires or cables shall be marked with high-visibility orange or yellow sleeves from the ground to a point 10 feet above the ground. Setbacks for anchor points, guy wires or cable shall be 50 feet from any property line.

To the greatest extent possible, existing roadways shall be used for access to the location of the wind energy farm system. Where these roadways are used, any damage caused by heavy construction equipment and/or damage resulting from the ongoing use of said roadways shall be documented by the Town. The property owner of the wind energy farm shall be notified, in writing, of any such roadway damage. All repairs required to return the roadway to its original condition shall be charged against the property owner on the following year's tax bill. In the case of constructing any roadways necessary to access the wind energy farm system, they shall be constructed in a way that allows for the passage of emergency vehicles in the event of an emergency. Each application shall be accompanied by correspondence from the responding fire department and emergency care provider as to the acceptability of the proposed ingress and egress to the tower unit.

Wind energy farm systems shall be set back a distance equal to twice the height of the tower plus blade length from all property lines, public roads, power lines, easements and existing structures. Setback distances shall be measured from the base of each tower. Additional setbacks may be required by the Planning Board in order to provide for the public's safety, including the possibility of ice thrown from the unit's blades.

No lettering or logo advertisement shall be allowed on either the blades or other structural portion of a wind energy farm system that can be seen by a person of normal vision in normal daylight from more than 50 feet away.

Each wind energy farm system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. This shall be documented on the site plan and stamped by a licensed professional engineer.

(9)

Each wind energy farm system shall be located so that shadow flicker caused by the blades interrupting sunlight will not strike off site residences or adjacent site residences located within 2,500 feet of the wind energy farm property line for more than five minutes per day. Shadow flicker of longer duration may be allowed if the owners of such property where shadow flicker occurs sign an agreement with the wind energy farm owner that they accept the proposed duration of such shadow flicker, and a description of the duration of such shadow flicker on their property calculated and bearing the signed stamp of a licensed professional engineer. Such agreement shall be filed in the office of the Ontario County Clerk prior to the issuing of any building permit. Such agreement shall remain in effect and shall not be removed as long as the shadow flicker effect remains from the wind energy farm system.

(10)

No wind energy farm system shall:

Operate along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation; and

Operate where its proximity with existing fixed broadcast transmission or reception antennas (including residential reception antennas) for radio, television or wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.

(11)

All pad-mounted transformers and substations shall have a clearly visible warning sign concerning voltage at the base of each unit.

(12)

In the event a meteorological (MET) tower is to be placed upon a wind energy farm system site, said tower shall be monopole rather than lattice construction.

(13)

The minimum distance between the existing ground and any part of the rotor blade for a wind energy farm structure must be 20 feet.

(14)

The applicant shall post an emergency telephone number on each wind energy farm structure device so that the appropriate entities may be contacted should any wind energy farm system turbine need immediate repair or attention. This telephone number should be clearly visible on a permanent structure or post located outside of the fall zone of the tower. The location should be convenient and readily noticeable to someone likely to detect a problem. Further, no wind turbine shall be permitted which lacks an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower instruments, rotor blades and turbine components or enclosed shelter.

(15)

All wind energy farm systems shall have lightning protection as part of each unit.

(16)

All wind energy farm systems shall have a maintenance plan that is to include proper disposal of used/broken/defunct components of the wind energy generating system.

Compliance with Uniform Building Code and National Electric Code.

All building permit applications shall be accompanied by standard drawings of structural components of the wind energy farm system, including support structures, tower, base and footings. Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer that the system complies with the New York State Fire Prevention and Building Code. This certification may be supplied by the manufacturer.

Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State registered professional engineer for compliance with the seismic and structural design provisions of the New York State Fire Prevention and Building Code.

All building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind energy farm system to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the current New York State adopted National Electric Code. The applicant shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electric Code, as well as applicable state and local electrical codes. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.

Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the current New York State adopted National Electric Code and good engineering practices.

Insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy, with a duplicate insurance policy or a certificate issued by an insurance company, naming the Town of Farmington as an additional insured and certificate holder of a level to be determined by the Town Board in consultation with the Town's insurer to cover damage or injury which may result from the failure of a tower or towers or any other parts of the generation and transmission facility. Said policy shall provide a minimum of $3,000,000 property and personal liability coverage.

Power to impose conditions. In granting any site plan approval for a wind energy farm system, the Planning Board may impose reasonable conditions to the extent that such Board finds that such conditions are necessary to minimize any adverse effects or impacts resulting from the proposed use on neighboring properties.

Fees. Fees for applications and permits under this article shall be established by resolution of the Farmington Town Board.

Maintenance and inspections.

The owner or operator of a wind energy farm system must submit, on an annual basis, a summary of the operations and maintenance reports to the Farmington Town Board. In addition to the summary of operations, the owner or operator must furnish such operation and maintenance reports as the Town Board reasonably requests. Copies of all summary reports shall be filed with the Town Clerk and the Town Code Enforcement Officer. A copy of each annual summary report shall be placed in the property files.

Any physical modification to the wind energy farm system that alters the mechanical load, mechanical load path or major electrical components shall require an amended site plan approval by the Planning Board. Like-kind replacements shall not require an amended site plan approval by the Planning Board. Prior to making any physical modification (other than a like-kind replacement), the owner or operator shall confer with the Code Enforcement Officer to determine whether the physical modification requires formal Town Board or Town Planning Board action.

The Town Code Enforcement Officer, along with licensed third-party professionals retained by the Town for the specific purpose of conducting inspections of the wind energy farm system, shall have the right, once annually and with sufficient prior notice, to accompany the owner or operator, or his/her agent, on the premises where a wind energy farm system has been constructed to inspect all parts of said wind energy farm system and to require that repairs or alterations be made. The owner or operator of a wind energy farm system may retain a licensed third-party professional engineer familiar with the specific wind facility system to prepare and submit to the Town Board a written report which addresses the repairs or alterations requested and which suggests alternate methods for addressing the concerns or provides evidence that said repairs or alterations are unnecessary. This report must be submitted within 30 days after receiving notice from the Town Code Enforcement Officer that repairs or alterations are requested unless both parties have agreed to a longer period of time. The Town of Farmington Town Board will consider any such written report and determine whether the repairs or alterations should be made as originally requested in the Code Enforcement Officer's written report or as suggested in the owner's or operator's report.

Inspections, at a fee determined by the Town of Farmington and paid by the applicant, may be made by the Town of Farmington Code Enforcement Officer, or by a qualified inspector for equipment of this type selected by the Town Board, no more than once annually to certify the safety and maintenance of the wind energy farm system and accessory structures.

§ 165-101 Average density development plans.

[Added 3-16-1992 by L.L. No. 1-1992]

Purpose.

The purposes of this section are to permit modification in lot size and setback criteria as provided in accordance with § 278 of the New York State Town Law, as may be amended from time to time.

[Amended 12-12-2000 by L.L. 1-2000]

These purposes are achieved by permitting lot sizes to be reduced in a subdivision tract if the overall density does not exceed that which is otherwise permitted in the applicable zoning district and the land thus gained is preserved as open space for the use and enjoyment of the residents of the area.

General conditions and requirements.

If a subdivider makes written application for the use of this procedure, it may be followed at the discretion of the Planning Board if, in the Board's judgment, its application at the particular location is desirable and would contribute to the general well-being of the neighborhood and community and would benefit the Town.

These procedures shall be applicable to the RR-80, RS-25, R-1-15, NB, RB, GB, LI and GI Districts, and its application shall result in a permitted number of units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the conventional minimum lot size and density requirements of the respective districts.

[Amended 5-25-1993 by L.L. No. 2-1993; 12-12-2000 by L.L. 1-2000]

Upon determination of the Planning Board, based upon its findings of specific site conditions, neighborhood character or the existence of unique natural features, that granting the use of the cluster provisions set forth in § 278 of the New York Town Law, as may be amended from time to time, is in the Town's best interest, the Planning Board is hereby empowered to grant subdivision plan approval in accordance with the procedures set forth in § 278 of Town Law and Chapter 144 of the Farmington Town Code.

[Amended 12-12-2000 by L.L. 1-2000][1]

Former Subsections C through G, as amended 12-12-2000 by L.L. No. 1-2000, which immediately followed this subsection, were repealed 5-27-2003 by L.L. No. 3-2003.

§ 165-102 Fees.

Fees, charges and expenses shall be assessed as part of the application for special use permits, variances, appeals, site plan approval, zoning permits and amendments to defray expenses incurred in processing such applications.

The Town Board shall establish a schedule of fees, charges and expenses and a procedure for their collection.

The schedule of fees, charges and expenses shall be conspicuously posted in the Town Hall.