Town of Farmington, NY Special Permit Uses

§ 165-66 Airports.

Airports may be allowed as special permit uses in the A-80, RR-80, LI and GI Districts with the approval of a special use permit by the Planning Board.

[Amended 7-27-1981 by L.L. No. 4-1981; 5-25-1993 by L.L. No. 2-1993]

No site preparation or construction shall commence, nor shall existing structures be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

An application for the establishment, construction, enlargement or alteration of an airport shall include, in addition to requirements for special use permits outlined in Article VI, the following statements and information:

(1)

Name and address of the proponent.

(2)

Classification of the proposed airport (commercial, noncommercial or restricted).

(3)

Type of aviation activities proposed (aircraft sales and service, flight instruction, crop dusting, air taxi, etc.).

(4)

Number of aircraft expected to be based at the airport initially and within five years.

(5)

Type of aircraft expected to be based at the airport (single-engine, multiengine, turboprop, jet, etc.).

(6)

Whether an instrument approach procedure will be offered.

(7)

Statement as to the anticipated number of daily operations.

(8)

Copy of the airspace clearance granted by the Federal Aviation Administration for this airport, including United States Geological Survey topographic map.

(9)

A copy of the New York State Commissioner of Transportation's determination concerning this airport in accordance with the provisions of § 249 of the New York State General Business Law.

(10)

A site development plan of the airport as approved by the Planning Board, which includes the following:

(a)

Scale no smaller than one inch equals 100 feet.

(b)

Location of existing and proposed structures.

(c)

Alignment of existing and/or proposed runways in exact location and magnetic bearing to the nearest 30 minutes.

(d)

Existing and proposed contours at five-foot intervals.

(e)

Location of aircraft parking and tie-down areas.

(f)

Provision for access and off-street parking.

(g)

Provisions for sanitary waste disposal and water supply.

(h)

Location and method of fuel storage.

(11)

An area map at a scale of no less than one inch equals 500 feet, showing:

(a)

Distances from buildings, roads, natural features, power lines or other possible obstructions within 2,000 feet of the ends of runways shall be accurately plotted.

(b)

Properties within 500 feet shall be plotted and owners identified.

§ 165-67 Camping grounds.

Camping grounds may be allowed as special permit uses in the A-80, RR-80 and LC Districts with the approval of a special use permit by the Town Board.

[Amended 5-25-1993 by L.L. No. 2-1993]

Camping grounds shall be occupied only by travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any travel trailer or other vehicular accommodation parked in a camping ground, and the removal of wheels and placement of a unit on a foundation in a camping ground is prohibited.

Minimum site area shall be 15 acres.

Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

Location and access. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic into any residential district nor require movement of traffic from the camping ground through a residential district. A camping ground shall have a minimum of 150 feet of frontage on a public street.

Site conditions. Condition of soil, groundwater level, drainage and topography shall not create hazards to the property or to the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:

(1)

Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground.

(2)

Such establishments shall be restricted in their use to occupants of the camping ground.

(3)

Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.

(4)

The structures housing such facilities shall not be located closer than 100 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the camping ground.

Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Departments of Health and/or Environmental Conservation and shall receive approval from said agencies.

Streets in camping grounds shall be private, but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway width requirements:

	Type of Street	Travelway Width (feet)
	One-way, no parking	12
	One-way with parking on 1 side or two-way with no parking	18
	Two-way with parking on 1 side	27
	Two-way with parking on both sides	34

Sites. Each travel trailer site shall be at least 2,500 square feet in area and have a minimum width of 40 feet.

Recreation facilities. A minimum of 8% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.

Off-street parking and loading. In connection with use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk or required buffer or right-of-way or on any public grounds or on any private grounds not part of the camping ground unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space so located and scaled that the prohibitions above may be observed, and camping ground owners shall be responsible for violations of these requirements.

An adequate lighting system shall be provided for the camping ground.

All utilities shall be underground.

Not less than one covered twenty-gallon garbage receptacle shall be provided for each campsite. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.

All applicable sanitation standards promulgated by the State of New York shall be met.

Setbacks. Each building or structure within a camping ground shall comply with the setback regulations applicable to the zoning district in which such camping ground is located, except that travel trailers, campers, tents, motor homes and the motor vehicles propelling or carrying the same may be located not closer than 15 feet to any side or rear lot line nor closer than 60 feet to any front lot line.

§ 165-68 Personal wireless communications facilities.

[Added 4-22-1997 by L.L. No. 3-1997]

The Planning Board may approve a special use permit and a site plan for a personal wireless communications facility to be erected and maintained only on a parcel of land located in the A-80 and RR-80 Residential Districts, the GB General Business District, the LI Limited Industrial District and the GI General Industrial District, provided that the following standards and provisions are complied with:

(1)

Approvals required for personal wireless telecommunications facilities.

(a)

Telecommunications facilities comprised of collocated antennas (and accessory structures) shall be permitted on an existing tower or structure in any of the zoning districts listed above, upon the issuance of a site plan by the Planning Board. Where collocation antennas exist, the period of approval for the collocated antenna shall be five years or the authorized franchise period remaining on the permit from the Federal Communications Commission.

(b)

Telecommunications facilities requiring construction of a new tower shall require the following permits and/or approvals:

[1]

On municipal-owned property at any height, a tower shall be permitted upon the issuance of a referral to the Planning Board pursuant to § 165-6 of this Code; or

[2]

On privately owned land where a tower is proposed, both a special use permit and site plan approval are required.

(2)

The minimum lot size shall be four acres.

(3)

Not more than one tower shall be permitted on any parcel of land.

(4)

The minimum setback for each communications tower from any property line shall be the height of the tower to be erected plus 20 feet.

(5)

No tower shall exceed 200 feet above finished grade without evidence that an additional tower located within the cell area will not provide adequate coverage to at least 90% of the population within said cell.

(6)

No tower shall be erected on top of any drumlin area, on actively farmed land, within a federal or state freshwater wetland or on a slope greater than 15%.

(7)

Any cutting of trees which exceed four inches in diameter, measured at a height of four feet above ground, to provide for the placement of a tower shall first be approved by the Planning Board, in consultation with the Conservation Board, as part of any preliminary site plan application. Clear-cutting of trees beyond what is deemed necessary by the Planning Board to install and maintain the tower shall be prohibited.

(8)

The tower shall be designed to withstand a sustained wind or 70 miles per hour with a one-half-inch ice load.

(9)

A minimum radius of 2,000 feet must be maintained between any proposed tower and any existing tower, whether located in the Town of Farmington or in an adjacent municipality.

(10)

All towers shall be enclosed by a fence not less than eight feet in height above ground level with adequate security measures along the top of the fencing to deter vandalism.

(11)

No tower shall contain any signage except that identifying a health, safety or general welfare message, including but not limited to the owner of the tower, an emergency telephone number and tower site identification (i.e., number) and address.

(12)

No tower or accessory structure shall be illuminated unless required by the Federal Aviation Administration (FAA); or else where Mercy Flight Central deems it to be appropriate to identify towers for air-ambulance flights. In the instance where Mercy Flight deems lighting to be warranted, one L 810 double obstruction light shall be provided.

(13)

The tower, all attachments, antennas and accessory equipment and structures shall either be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar color at or below the tree line and designed to blend into the natural surroundings below the surrounding tree line unless other colors are mandated by the FAA for the tower.

(14)

All tower guys shall be designed to provide ice shattering to prevent damage to preforms at guy cable terminus.

(15)

Each personal wireless telecommunications facility base and accessory structure(s) shall be adequately screened from any adjacent public right-of-way. To accomplish this screening, at least one row of native evergreen shrubs or other screening acceptable to the Planning Board which is capable of forming a continuous hedge at least 10 feet in height, within two years of planting shall be required and maintained.

(16)

All utility connections shall, to the greatest extent practical, be buried. This requirement may be waived, in whole or in part, by the Planning Board, if, in its opinion such underground facilities would be impractical due to natural conditions.

(17)

The applicant shall comply with Federal Communications Commission (FCC) regulations. Any determinations by the FCC that radio emissions exceed permitted FCC standards shall immediately terminate the special use permit.

(18)

Unless specified elsewhere in these regulations, a special use permit for the erection and maintenance of a communications tower shall be for a maximum of two years. Such special use permit shall be considered for renewal based upon the terms and conditions imposed with the original permit. Where compliance has been shown, the Planning Board may issue a special use permit for an additional two-year period.

(19)

In the event that a communications tower is no longer used for the purpose specified in the application or the communications facility ceases operation for a period of 90 days, such tower, structures or facilities shall be dismantled and removed from the site within 120 days if found to be in a safe condition. In the event that the Code Enforcement Officer finds the tower not to be in a safe condition, written notice to this effect shall be given to the applicant and to the owner of the property directing removal of said tower within 30 days of receipt of written notice. The applicant and/or the property owner shall be required to restore the site to the condition then existing on the approval date of the initial special use permit, absent grading and plantings required above herein.

(20)

The applicant shall provide an automatically renewing security bond to the Town of Farmington which shall be in an amount adequate to guarantee that the tower and related site improvements are built, maintained and removed in accordance with the conditions imposed by the Town of Farmington and the special use permit. Said security bond shall be in a form and of a sufficient amount which is subject to approval of the Town Attorney. The Town Attorney shall establish an amount of security upon consultation with the Town Engineer.

(21)

All facilities shall have a backup source of power suitable for sustaining uninterrupted service to the public during periods of power outages. The Planning Board shall require either a power generator or battery pack source of energy capable of sustaining 24 hours of service.

(22)

All facilities shall allow shared use of emergency communications equipment, at no charge, provided that the equipment and antennas to be added to the tower do not interfere with the existing equipment or overload the design for the tower.

(23)

Each tower constructed shall be designed to accommodate up to three telecommunications providers.

(24)

Access to towers and facilities shall be from access points established as part of site plan approval.

(25)

Accessory equipment may be located within an existing building or in a newly constructed building when limited to 400 square feet in gross floor area. Where collocation of antennas occur, each separate provider shall be entitled to one to 400 square feet in area.

(26)

Each application for a special use permit or site plan approval for a personal wireless telecommunications facility shall be accompanied by a plan which shall reference all existing personal wireless telecommunications facilities in the applicant's Town of Farmington inventory, any such facilities in the abutting Towns which provide service to areas within the Town of Farmington, any changes proposed within the following twenty-four-month period, including plans for new locations and the discontinuance or relocation of existing personal wireless telecommunications facilities.

(27)

Additional prerequisite which the Planning Board shall consider prior to taking action to issue a special use permit for personal wireless telecommunications facilities: a report from a professional engineer which shall:

(a)

Describe the need in the Town for the proposed structure, its installation and use.

(b)

Describe the appropriateness of the proposed site including factors such as the following:

[1]

Availability of alternative, less intrusive sites or opportunities for collocation.

[2]

Physical features and the general character, present and probably future use and density of development in the neighborhood.

[3]

Distance from existing and planned residential development and public rights-of-way.

[4]

Suitability and adaptability of the site for the proposed structure; considering for example, the topography, natural buffers, screening and fencing.

[5]

Size of the site chosen for the proposed facilities, keeping in mind a parcel with an unoccupied area of sufficient size so that all portions of the site could accommodate a toppled tower.

[6]

Noise, glare, vibration, electrical disturbance or other objectionable consequences of the proposed installation.

[7]

The effect of the proposed facilities and use on the other properties in the neighborhood, whether such installation or use will materially affect the value, use or enjoyment of neighboring properties.

(c)

Identify the geographic coordinates of the tower as further defined on the applicant's FCC license application using either North American Datum (NAD-27) or (NAD-83); and clearly state on the site plan and special use permit application which datum is being used.

(d)

Demonstrate that the tower is structurally sound.

(e)

Describe how many and what kind of antennas are proposed and how many and what kinds of antennas are possible on the tower.

(f)

Demonstrate that the site can contain on-site substantially all icefall or debris from tower failure.

(g)

Include a copy of the applicant's FCC construction permit, including any requirements from the Federal Aviation Administration (FAA).

(h)

Include a copy of the certificate of need issued by the Public Service Commission.

(i)

Include a letter of intent committing the tower owner to negotiate in good faith for shared use by the third parties in the future. This letter, which shall be filed with the Town Development Office prior to the issuance of a special use permit by the Planning Board, shall commit the tower owner and his or her successors in interest to:

[1]

Respond in a timely manner to a request for information from a potential shared-use or collocation antenna;

[2]

Negotiate in good faith for shared use by third parties;

[3]

Allow shared use if an applicant agrees in writing to pay reasonable charges;

[4]

Make no more than a reasonable charge for shared use, based upon generally acceptable accounting principles.

(j)

Evidence that existing facilities do not have space on which planned equipment can be placed so it can function effectively. This shall include, but not be limited to, the following:

[1]

The applicant shall contact the owners of all existing or approved towers.

[2]

The applicant shall provide each contacted owner with the engineer's report required herein.

[3]

The applicant shall request each contacted owner to assess the following:

[a]

Whether the existing tower could accommodate the antenna to be attached to the proposed tower without causing structural instability or electromagnetic interference;

[b]

If the antenna cannot be accommodated, assess whether the existing tower could be structurally strengthened or whether the antennas and related equipment could be protected from interference;

[c]

Whether the owner is willing to make space available; and

[d]

The projected cost of shared use.

(k)

Include a complete environmental assessment and visual addendum which include:

[1]

How the facilities can be blended with the view shed, including any attempts at camouflage; and

[2]

Computer-enhanced photos of the proposed tower, both before and after construction, from all adjacent public rights-of-way.

Additional prerequisites for the Planning Board to consider prior to taking action to issue a site plan approval for personal wireless telecommunications facilities:

(1)

A site plan map shall be prepared, acceptable in form and content to the Planning Board, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:

(a)

The location of property lines and permanent easements;

(b)

The location of the communications tower, together with guy wires and guy anchors and accessory site features such as building, access, power, telephone and landscaping of the site;

(c)

A side elevation or other sketch of the communications tower showing the proposed antennas;

(d)

The locations of all structures on the property and on any adjacent property within 10 feet of the property line, together with the distance of these structures to the proposed communications tower;

(e)

The names of adjacent landowners;

(f)

The location, nature and extent of any proposed fencing, utility easements and access road; and

(g)

A viewshed map or visual simulation showing the view from surrounding properties of the proposed communications tower and antennas.

§ 165-69 Drive-in and fast-food restaurants.

Drive-in and fast-food restaurants may be permitted as special permit uses in the GB, LI and GI Districts upon the approval of a special use permit by the Planning Board.

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

The following information shall be submitted as part of the application for site plan approval and the special use permit for drive-in and fast-food restaurants, in addition to that information required in other sections of this chapter:

(1)

The location and dimensions of all structures, including buildings, screened trash areas, fencing and lighting (show direction and level of illumination).

(2)

The location and dimensions of all off-street parking and ingress and egress locations.

(3)

The location of streams, rock or stone outcroppings, existing trees and other natural features, and detail on the manner in which such features will be treated. Also, include site topography showing contours at an interval no greater than two feet.

(4)

A plan which indicates the building height and roofline, together with detail on exterior materials to be used and lighting to be installed.[1]

[1]

Editor's Note: Original Subsection D, which pertained to drive-in and fast-food restaurants and which immediately followed this subsection, was repealed 5-25-1993 by L.L. No. 1-1993.

All drive-in and fast-food restaurants shall provide suitable storage of trash in areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or onto adjacent properties or public right-of-way and to permit safe, easy removal of trash by truck or hand.

Access.

(1)

The minimum distance of any driveway to property line shall be 15 feet.

(2)

The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveways' curbs.

(3)

The minimum distance from a driveway into the site to a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.

(4)

Drive-in or fast-food restaurants adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

Exterior lighting proposed for the site shall be planned, erected and maintained so that it will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 20 feet.

§ 165-70 Essential services.

Essential services may be allowed as special permit uses, as provided in § 165-68 of this Code, upon the approval of a special use permit by the Planning Board.

[Amended 7-27-1981 by L.L. No. 4-1981; 4-22-1997 by L.L. No. 3-1997]

The Planning Board shall determine the following prior to approving a special use permit:

[Amended 9-23-1996 by L.L. No. 5-1996]

(1)

The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.

(2)

The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.

(3)

Adequate and attractive fences and other safety devices will be provided.

(4)

All other applicable requirements of this chapter shall be met.

§ 165-71 Excavation operations.

Excavation operations may be permitted as special permit uses in the A-80, RR-80, LI and GI Districts upon the approval of a special use permit by the Planning Board.

[Amended 7-27-1981 by L.L. No. 4-1981; 5-25-1993 by L.L. No. 2-1993; 12-12-2000 by L.L. No. 1-2000]

The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27 of Article 23 of the Environmental Conservation Law, when applicable.

The minimum lot area for any such use shall be 10 acres.

All buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property line.

All equipment used for excavations and processing shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noises, vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity.

All operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., with no Sunday or holiday operations and except in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.

All land which has been excavated must be rehabilitated in accordance with reclamation plans approved by the Planning Board as part of the site development plan review and approval process within one year after the termination of operations, at the expense of the operator.

A performance bond or some other financial guaranty shall be required to assure that the conditions stipulated in the approval of the special use permit are carried out.

The Planning Board shall consider the following criteria in its review of the special use permit request:

[Amended 7-27-1981 by L.L. No. 5-1981]

(1)

The current use of the property proposed to be excavated, as well as the proposed use of the area subsequent to completion of the excavation and restoration thereof.

(2)

The potential short-term and long-term effects of the proposal on the aesthetics and environment of the area or of surrounding areas.

(3)

The effect on the property of the proposal that may change the productivity or suitability of the land for agricultural purposes and/or the desirability or feasibility for future development purposes.

(4)

The amount of time, as estimated by the applicant, that will be required for the completion of the proposed excavation and the restoration of the property.

(5)

Noise and/or vibrations that may be created by the proposed operation.

(6)

Additional traffic that may be created by the proposed operation.

(7)

Dust that may be created by the proposed operation.

(8)

Deleterious effects, if any, on the property in the general area of the proposed operation.

(9)

All other criteria which from time to time may be relevant to a proposed operation.

No special use permit for excavation operations shall be granted for a period of more than two years; but such permits may be renewable upon reapplication.

No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use, other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto. Any area of land consisting of more than one acre from which topsoil has been removed or covered over by fill shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.

§ 165-72 Major home occupations.

[Amended 7-27-1981 by L.L. No. 4-1981; 1-4-1988 by L.L. No. 1-1988; 5-25-1993 by L.L. No.2-1993; 12-22-2009 by L.L. No. 6-2009]

It is the intent of this section to allow a variety of major home occupation pursuits as specially permitted uses in residential districts while recognizing the substantial governmental goal of preserving and maintaining the residential atmosphere, appearance and character of residential districts. A major home occupation may be allowed as a special permitted use in the A-80, RR-80, RS-25, R-7.2, R-1-15, R-1-10, R-2, RMF and PD Districts. It is recognized that while major home occupation pursuits are specially permitted under the conditions provided for in this section, it is the primary purpose of this section to preserve and maintain the residential atmosphere, appearance and character of residential districts. It is the stated intent that the special permitted major home occupation use will always be second and subordinate to the principal residential use of the premises and that the major home occupation will not harm other residential uses of the property or adversely affect neighboring premises. Under no circumstance shall a special permitted major home occupation become so extensive that it predominates the principal permitted residential use of the premises. It is further the intent of this section to establish specific performance standards and controls to limit major home occupations so as to minimize the adverse impacts a home occupation could have on a neighborhood or district and to assure that it does not become the predominant use of the property. Finally, it is the intent of this section to exclude family or group family day care as first defined in New York State Social Services Law, § 390, Subdivision 1, Paragraph (d) and (e), which are exempt from the provisions of this chapter, from having to comply with these regulations.

A major home occupation, as defined in Chapter 165 of the Town Code, shall first require the issuance of a special use permit by the Planning Board. The Planning Board may condition or restrict the special use permit for a major home occupation if, in the Board's judgment, such restriction is required to minimize the impact of the use upon the neighborhood or district. No special use permit shall be issued unless the Planning Board makes a finding that all of the following criteria have been met:

(1)

The property is in full compliance with the provisions of the Town Code; and

(2)

The major home occupation is determined to be clearly subordinate to the permitted principal residential use of the premises; and

(3)

No other major home occupation is conducted upon the premises; and

(4)

The special use permit must be issued to the owner of the premises who is an actual resident of the premises; and

(5)

No more than two employees, whether full-time or part-time, whether paid or unpaid, who are not residents of the premises shall be permitted; and

(6)

The major home occupation must be carried on within an existing or proposed building on the premises. A major home occupation located within the principal dwelling unit may not exceed 25% of the total gross floor area or 500 square feet of the principal dwelling unit. A major home occupation may only be located within an accessory structure that is smaller in size than the principal dwelling and may not exceed 50% of the total gross floor area of the principal dwelling; and

(7)

A major home occupation shall not be interpreted to include the following: commercial stables and kennels, restaurants, musical and dancing instruction to groups exceeding four pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles, and other trades and businesses of a similar nature; and

(8)

The major home occupation shall be subject to site plan approval by the Planning Board; and

(9)

The major home occupation must be fairly transparent and unobtrusive. The standard "fairly transparent and unobtrusive" requires that the non-residential character of the home occupation shall not be apparent to the Planning Board. The Planning Board shall consider the following standards when making this determination:

(a)

Noise. The Board must find that the noise produced by the major home occupation is not likely to create any potentially significant adverse impact upon the adjacent neighborhood, and that the type of noise and times of day of noise generation are not inconsistent with the primary residential use of the premises and the adjacent neighborhood.

(b)

Pedestrian traffic. The Board must find that the major home occupation is not likely to produce significantly more pedestrian traffic to and from said premises than would exist in the case of a residence without a major home occupation and that the timing of such traffic is not inconsistent with traffic likely to be generated by the primary residential use.

(c)

Vehicular traffic. The Board must find that the major home occupation is not likely to produce significantly more vehicular traffic to and from said premises than would exist in the case of a residence without a major home occupation, and that timing of such traffic is not inconsistent with the primary residential use.

(d)

Parking. The Board must find that the major home occupation does not create a need for more than three additional off-street parking spaces. In addition, such off-street parking spaces shall not be provided on the lot in such a manner as to create the backing of vehicles onto a public highway. Furthermore, such off-street parking spaces shall be adequately landscaped so as to provide a visual buffer between the parking spaces and adjacent properties or public rights-of-way.

(e)

Lighting. The Board must find that the major home occupation does not create light trespass onto adjacent properties or public rights-of-way which would be inconsistent with the Town's lighting standards.

(f)

Aesthetics. If any change is proposed to the exterior of the building, the Board must find that the change will not materially alter a characteristic architectural feature of the building, such as fascia, window style or roofline.

(g)

Trash. The Board must find that the major home occupation does not create additional waste products that are not properly contained within receptacles normally associated with the principal residential use of the premises. Where additional waste products are found to be associated with a major home occupation and cannot be stored within such receptacles, there must be provision for adequately securing such waste products within a screened and landscaped facility. Such a facility should be located behind the principal dwelling unit or behind the accessory structure used for the major home occupation and must be effectively screened from adjacent properties and the public right-of-way.

(h)

Exterior display. The Board must find that the major home occupation does not involve the exterior display or storage of goods, materials, equipment or inventory.

(10)

One commercial speech sign shall be permitted as provided for elsewhere in this chapter; and

(11)

Any special use permit issued hereunder shall be transferable and will run with the land provided all conditions of approval are complied with. The special use permit shall terminate upon the Planning Board's finding of a change in the performance standards or approved conditions of approval; and

(12)

In applying the above criteria, the Planning Board may consider the following:

(a)

The size of the lot (i.e. acreage, lot width and depth, shape, etc.); and

(b)

The size and/or number of vehicles (including machinery) used in connection with such major home occupation; and

(c)

The density and/or character of the neighborhood and the proximity of neighboring properties and residences; and

(d)

The necessity for screening and/or buffering of the major home occupation from adjacent properties or public rights-of-way; and

(e)

The size and type of highway (i.e. state, county, town) upon which such major home occupation is located.

Revocation of home occupation permits. A major home occupation permit shall be deemed revoked upon the occurrence of any of the following:

(1)

A subsequent major home occupation special use permit is issued; or

(2)

The major home occupation does not meet the conditions of approval by the Planning Board; or

(3)

There is a substantial change in the nature of the major home occupation; or

(4)

The major home occupation is not commenced within six months of the issuance of a permit; or

(5)

The major home occupation ceases operation or is discontinued for a period of one year for any reason.

Application. Each application for a major home occupation permit shall be:

(1)

On a form provided by the Development Office which has first been approved by the Town Board; and

(2)

Accompanied by a complete site plan, drawn to scale, showing the location of all buildings or structures on the premises and the area where the proposed home occupation will be conducted; and

(3)

Accompanied by an application fee, in the amount established by the Town Board, prior to the issuance of the permit.

§ 165-73 Hotels and motels.

Hotels and motels may be permitted as special permit uses in the RB, GB, LI and GI Districts upon the approval of a special use permit by the Planning Board.

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

The minimum lot size for hotels and motels shall be two acres, with a minimum lot width of 200 feet, a minimum front setback of 100 feet and minimum side and rear setbacks of 40 feet.

Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barbershops, hairdressers, gift shops and other personal service shops for the convenience of guests may be permitted as accessory uses. With the exception of an identifying sign for the restaurant, which must comply with § 165-38, no external evidence of these internal commercial activities is permitted.

§ 165-74 Junkyards.

Junkyards may be permitted as special permit uses in the GI District upon the approval of a special use permit by the Planning Board.

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

The minimum lot size for junkyards shall be five acres, with a minimum width of 300 feet and minimum front, side and rear setbacks of 100 feet.

A junkyard shall be completely surrounded by a fence at least eight feet in height which substantially screens the junkyard from public view and with a suitable gate which shall be closed and locked, except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected no nearer than the required setbacks.

All junk stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of business.

Special use permits for the operation of junkyards shall be limited to one year in duration, whereupon reauthorization may be permitted upon reapplication.

§ 165-75 Kennels.

Kennels may be permitted as special permit uses in the A-80, RR-80 and GB Districts upon the approval of a special use permit by the Planning Board.

[Amended 7-27-1981 by L.L. No. 4-1981; 5-25-1993 by L.L. No. 2-1993]

Shelters for animals within kennels shall not be closer than 100 feet to all lot lines other than the front lot line. This shall include all outdoor areas enclosed by fences for the use of animals.

§ 165-76 Manufactured dwellings and manufactured dwelling communities.

[Amended 7-27-1981 by L.L. No. 4-1981; 8-13-1985 by L.L. No. 2-1985;1-22-1991 by L.L. No. 1-1991; 3-31-1992 by L.L. No. 2-1992; 5-25-1993 by L.L. No. 2-1993; 4-27-2021 by L.L. No. 10-2021]

Manufactured dwelling community operating permit and final site plan criteria.

(1)

Manufactured dwelling communities may be allowed in the RMF Residential Multiple-Family District upon the approval of an application for final site plan approval granted by the Planning Board and an operating permit granted by the Town Board. A manufactured dwelling community operating permit issued by the Town Board shall be for a specified period of time and shall expire in the event construction of said manufactured dwelling community is not completed within the time period specified. This provision shall also apply to an application to the Town Board for an amendment to an existing operating permit involving the expansion or alteration of any existing manufactured dwelling community. The Planning Board final site plan approval shall remain valid as long as there continues to be a valid manufacturing dwelling community operating permit.

(2)

No site preparation or construction shall commence until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

(3)

Annual operating permits for the continued operation of manufactured dwelling communities may be renewed for a period of one year in duration, upon application to the Development Office. The Zoning Officer and/or Code Enforcement Officer shall not grant renewals where violations of provisions of this chapter pertaining to manufactured dwelling communities. In such case, the applicant shall appear before the Town Board for a decision on the renewal of said application.

(4)

The minimum site area of proposed manufactured dwelling communities shall be not less than 30 acres.

(5)

Manufactured dwelling units may be placed upon a lot that has a lot area of not less than 7,200 square feet, in any established manufactured dwelling community. Each manufactured dwelling unit parcel shall front only upon an interior community roadway and have a minimum width of 60 feet. An iron stake shall be located and maintained by the manufactured dwelling unit community owner and shall be placed at each corner of each manufactured dwelling unit parcel.

(6)

Minimum front setbacks, for manufactured dwelling units, from the travel lane of an interior community roadway shall be 20 feet; minimum side setbacks shall be five feet on one side, with a minimum total of 20 feet on both sides of the lot; and minimum rear setbacks shall be 10 feet. In no instance shall adjacent parcels have manufactured dwelling units located closer than 10 feet to the common property line.

(7)

The minimum setback of every manufactured dwelling, building or other accessory structure on an approved parcel located within a manufactured dwelling community, from the nearest public street line, shall be 70 feet; and from every other parcel line within the manufactured dwelling community, or from an adjacent parcel or property line, shall be 40 feet.

(8)

Not more than one manufactured dwelling unit shall be located on any one manufactured dwelling parcel. Every manufactured dwelling unit within a manufactured dwelling community shall be located on a manufactured dwelling parcel.

(9)

At least one community service building shall be constructed within each manufactured dwelling community. Said service building shall be adequate to provide for storage of all equipment, tools and materials necessary for the maintenance of the community, and all such equipment, tools and materials shall be stored within said building when they are not in use.

(10)

All manufactured dwelling unit parcels shall be provided with a concrete sidewalk at least three feet wide extending from the parcel's designated parking area to the main door of the manufactured dwelling unit, a patio, or base of the steps to the deck that provides access to the manufactured dwelling unit. Such walkway shall not be used as a parking space. No portion of the manufactured dwelling unit shall be located upon any such patio.

(11)

Each manufactured dwelling unit parcel shall have not less than two off-street parking spaces.

(12)

No boats, campers, travel trailers, recreational vehicles, off-road vehicles or unregistered and unlicensed motor vehicles shall be parked or stored at any place within a manufactured dwelling community except in areas designated for such storage as part of the Planning Board's final site plan approval.

(13)

Every roadway within a manufactured dwelling community shall have a minimum pavement width of 22 feet and a minimum right-of-way width of 50 feet. If culs-de-sac exist, they shall have a minimum radius of 70 feet.

(14)

A complete water distribution system approved by the New York State Health Department and the Town Water Superintendent, including a water service pipe for each manufactured dwelling unit parcel and appropriately spaced fire hydrants, shall be installed and maintained along the community's interior roads.

(15)

A public sanitary sewage disposal system approved by the New York State Health Department and other appropriate agencies shall be installed, including a sewer connection for each manufactured dwelling unit parcel.

(16)

Every roadway and water distribution and sewer disposal system to be constructed within a manufactured dwelling community shall conform to the requirements and specifications set forth in Chapter 144, Subdivision of Land, as amended, of the Code of the Town of Farmington and shall conform with the latest adopted edition of the Town of Farmington site design and development criteria.

(17)

An adequate stormwater drainage system shall be installed and maintained in accordance with the adopted Town of Farmington's stormwater management program plan (SWMP); and Chapter 138 of the Farmington Town Code.

(18)

All public utilities, electric, gas, cable television and telephone lines for the manufactured dwelling community shall be installed underground.

(19)

Appropriate streetlighting shall be installed on interior roadways, with the minimum number of lights being one at each intersection of interior roadways with each other or with abutting public roads and spaced apart at least every 200 feet where such intersections are more than 200 feet apart.

(20)

Pedestrian walkways shall be part of any site plan and provided along at least one side of all interior community roadways, having a sidewalk width of approximately four feet. All walkways are to be delineated.

(21)

A pedestrian access easement extending across the entire frontage of a manufactured dwelling community site, which is adjacent to any public road, shall be provided to the Town for the purpose of constructing and maintaining a public sidewalk.

(a)

The property owner, at the time of application for a manufactured dwelling community operating permit from the Town Board, will be responsible for the installation of all sidewalks located along the frontage portion of the proposed site; and

(b)

As part of any renewal of an annual operating permit from the Code Enforcement Officer, a pedestrian access easement shall be filed with the County Clerk's office and copy thereof provided to the Town Clerk's office within a three-month calendar of the date of renewal of the annual operating permit.

(22)

A landscape plan for the manufactured dwelling community shall be prepared and approved by the Planning Board as part of any final site plan. Said plan is to be planted and maintained by the manufactured dwelling community owner. Said landscape plan will include screening of any approved community service buildings and/or storage areas.

(23)

No manufactured dwelling unit shall be located on a manufactured dwelling unit parcel until the roadways, sanitary sewage disposal system, water supply system, storm drainage system, landscaping and sidewalks serving said manufactured dwelling unit parcel have been installed in accordance with the approved site plan for the manufactured dwelling community.

(24)

Each roadway name located within a manufactured dwelling community shall be approved by Ontario County 911 office and noted upon street signs at each community roadway intersection. Each manufactured dwelling unit parcel shall be assigned a permanent number, made of reflective material, which shall be displayed on the front of the manufactured dwelling unit and in a location clearly visible from the roadway. The address identification numbers shall be at least four inches in height. The numbering of the parcels shall be sequential, and the community roadway signs at each roadway intersection shall prominently display the location and direction of parcel numbers. The community roadways shall also be signed and marked in accordance with the requirements of the Uniform Manual of Traffic Control Devices of the State of New York.

(25)

All fuel heating tanks within a manufactured dwelling community shall be installed in accordance with the latest National Fire Protection Association (NFPA) standards.

(26)

Every manufactured dwelling community shall have a recreational area for use by the occupants of the manufactured dwelling community. Such area shall be as centrally located to complement the site's topography and the design of the overall manufactured dwelling community site. Such area shall not be less than 10,000 square feet or less than 1,000 square feet in area, whichever is greater, per the number of approved manufactured dwelling units located within the manufactured dwelling community site.

(27)

The manufactured dwelling community owner shall provide for the regular collection and disposal of garbage, trash, and rubbish from each approved manufactured dwelling unit parcel.

(28)

Not more than one accessory building shall be permitted to be placed upon any manufactured dwelling unit parcel. Such accessory building shall comply with the requirements within § 165-58 of the Town of Farmington Code.

(29)

Each manufactured dwelling unit shall be enclosed at the bottom with either a metal, wood or vinyl skirt or enclosure within 30 days after the placement of the manufactured dwelling unit on the parcel.

(30)

No enclosure or addition having a ground area greater than 50% of the ground area of the manufactured dwelling unit shall be constructed on or added or attached to the exterior of any manufactured dwelling unit. Any enclosure or addition shall have a concrete floor or other suitable floor on a concrete base. Such enclosure shall be constructed of wood or metal frame and siding and shall be portable as a unit or in sections. The foregoing provisions of this subsection shall not apply to carports. A building permit must be obtained from the Code Enforcement Officer prior to construction of any such enclosure or addition, and the application therefor must show a detailed plan of the proposed construction, showing compliance with the terms of this chapter. Such structure must be completed and a certificate of compliance (C of C) issued by the Town within 12 months of the date of issuance of such building permit or the structure shall be removed from the manufactured dwelling unit parcel.

(31)

No manufactured dwelling unit shall be offered for sale, displayed for sale or sold within a manufactured dwelling community unless such manufactured dwelling unit is located upon an approved manufactured dwelling unit parcel; and at the time of sale offering, connected to an approved electric public utility and to a public sewer and public water supply.

(32)

All manufactured dwelling units shall be anchored in a manner acceptable to the Town Code Enforcement Officer prior to occupancy of the dwelling unit.

Register of occupants and units. The owner of every manufactured dwelling community shall keep a record of the occupants and the manufactured dwellings units located within the community. A copy of such register shall be made available to the Zoning and/or Code Enforcement Officer upon their request. Such records shall contain the following:

(1)

The name of each occupant and the parcel address of each manufactured dwelling unit located within the manufactured dwelling community.

(2)

The make, model, year, and serial number of each manufactured dwelling unit located within the manufactured dwelling community.

Sale of parcels. Any sale of a manufactured dwelling unit parcel, or the combining of approved parcels within a manufactured dwelling community, other than those parcels as shown on the approved final site plan of such community, shall thereupon immediately invalidate the operating permit for such community approved by the Town Board. Any use of any of the parcels within the manufactured dwelling community other than as a manufactured dwelling community shall thereupon immediately invalidate the permit of such community approved by the Town Board.

Applicability of manufactured dwelling community. This section of the Farmington Town Code shall also apply to all property's previously referred to as "trailer homes," "trailer home parks," "trailers" or "mobile home parks."

§ 165-77 Motor vehicle service station, convenience store/petroleum station and petroleum station.

[Amended 7-27-1981 by L.L. No. 4-1981; 3-24-1987 by L.L. No. 1-1987; 8-9-1988 by L.L. No. 8-1988; 12-12-2000 by L.L. No. 1-2000]

Motor vehicle service stations may be permitted as special permit uses in the GB, LI and GI Districts upon the approval of a special use permit by the Planning Board.

In addition to the information required in the special use permit application and enumerated in §§ 165-94 and 165-95 of this chapter, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and the number and location of fuel pumps to be installed. In addition, where applicable, a copy of the application for a bulk storage permit to the New York State Department of Environmental Conservation shall also be provided.

No motor vehicle service station, convenience store/petroleum station or petroleum station shall be located within 1,500 feet of an existing motor vehicle service station, convenience store/petroleum station or petroleum station, or any lot for which a building permit or site plan approval has been issued for the erecting of any of these type stations on the same side of a street. If a motor vehicle service station is located at the intersection of two streets, this distance shall be measured along both streets which abut the property. If a motor vehicle service station, convenience store or petroleum station is located at a signalized intersection, this distance shall not apply, but rather, such motor vehicle service station, convenience store or petroleum station shall comply with all applicable spacing requirements set forth in the MTOD Major Thoroughfare Overlay District and the MSOD Main Street Overlay District regulations contained elsewhere in this chapter. There shall be a maximum of two motor vehicle service stations, convenience store/petroleum stations or petroleum stations at any intersection.

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

No motor vehicle service station shall be located within 500 feet of any public entrance to a church, school, library, hospital or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

No entrance or exit to a motor vehicle service station shall be located closer than the spacing standards contained in § 165-34J(2) of this chapter.

No fuel pump shall he installed within 40 feet of any street or lot line.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

Site lighting shall be in accordance with the lighting regulations contained in § 165-64 of this chapter.

No repairs other than motor vehicle repairs shall be performed on the premises, and any such repairs shall be performed only within the principal building on the premises.

All merchandise available for sale and which is displayed outside shall be maintained in a clean, safe manner as deemed by the CEO and be related to automobile operating needs, including but not limited to oil, antifreeze, windshield fluids, wiper blades, fuses, headlights, etc., other automotive accessories or convenience items.

No partially dismantled or wrecked vehicle or any unlicensed vehicle shall be stored for more than 72 hours outside of a completely enclosed building.

Screening shall be provided along the side yards and the rear yard portions of any site, so as to minimize the view of all operations and stored materials from adjacent residential properties.

Perimeter landscaped open space shall be provided in the required front yard.

All vehicle wash operations shall be so soundproofed that the entire development shall be arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial and industrial uses measured at the same point on said adjacent property. No vehicle washing facility and customary uses or operations associated with the facility shall be located closer than 500 feet to a residential site.

Vacuuming facilities may be provided outside of a building but shall meet the setback requirements. Such area shall be buffered or screened as deemed necessary by the Planning Board.

A fuel spill containment plan will be provided and approved by the Fire Department prior to the issuance of final site plan approval.

§ 165-78 Motor vehicle repair stations.

[Added 12-12-2000 by L.L. No. 1-2000]

Motor vehicle repair stations may be permitted as special permit uses in the GB, LI and GI Districts upon the approval of a special use permit by the Planning Board.

Motor vehicle parts or partially dismantled motor vehicles may be stored outside an enclosed building in accordance with the provisions set forth in Subsection E below.

The proposed uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the boundary line at all times of the year. The Planning Board shall determine on an individual basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said screening becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said screening.

The entire area of the site traveled by motor vehicles shall be hard surfaced and dust-free.

No commercial parking shall be allowed on the premises of a motor vehicle repair station.

No motor vehicle repair shop may display more than five unregistered vehicles for sale or repair outside of an enclosed building at any one time.

No entrance or exit to a motor vehicle repair and/or service station shall be located closer than the spacing standards contained in § 165-34J(2) of this chapter.

Site lighting shall be in accordance with the lighting regulations contained in § 165-64 of this chapter.

No partially dismantled or wrecked vehicle or any unlicensed vehicle shall be stored for more than 72 hours, unless under order of a law enforcement agency or insurance agency, in view from any adjacent residential properties, or public right-of-way. Such vehicles may be stored outside provided further that they are located in the rear yard, are within an enclosed fenced area that does not permit anyone from seeing the stored vehicles; and, there is no evidence of any dripping(s) of any petroleum product from the stored vehicle.

§ 165-79 Multiple-family dwellings.

The maximum gross density shall not exceed eight units per acre.

Apartment buildings shall contain no more than 12 dwelling units.

Townhouse buildings shall contain no more than six dwelling units.

Minimum habitable floor area requirements.

(1)

Townhouse unit, two bedrooms or less: 850 square feet.

(2)

Townhouse unit, three bedrooms or more: 1,000 square feet.

(3)

Apartment unit, efficiency: 550 square feet.

(4)

Apartment unit, one bedroom: 675 square feet.

(5)

Apartment unit, two bedrooms: 800 square feet.

(6)

Apartment unit, three bedrooms: 950 square feet.

Unit distribution. No more than 30% of the total units within a multiple-family dwelling development shall be efficiency units.

[Amended 7-11-1995 by L.L. No. 2-1995]

Setback requirements.

(1)

The minimum front setback from any public street shall be 70 feet.

(2)

The side and rear setbacks shall be 40 feet from all other lot lines.

No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.

All stairways to the second floor or higher shall be located inside the building.

Access to public road.

(1)

All multiple-family dwelling developments must have direct access to a public road.

(2)

If there are more than 12 dwelling units in a multiple-family dwelling development, direct access must be provided to a public road by a private driveway or a road dedicated to the Town by the developer.

(3)

If there are more than 50 dwelling units in a multiple-family development or if, in the opinion of the Planning Board, the location or topography of the site indicates the need for additional access, the Planning Board may require such additional access as a condition of site plan approval.

Requirements for off-street parking as provided in § 165-37 of this chapter shall be met, except that the location of open parking lots may be modified to conform to the approved site plan, provided that such lots shall not be located within the front or side yards.

The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.

The minimum distance between separate buildings in a multiple-family dwelling development shall be as follows:

(1)

Between the front of one building and the front or rear of another building: 1/2 the sum of the heights of opposing buildings, but not less than 40 feet in any case and need not exceed 80 feet.

(2)

Between the rear of one building and the rear of another building: 0.4 the sum of the heights of the opposing buildings, but not less than 40 feet in any case and need not exceed 60 feet.

(3)

Between the front or rear of one building and the end of another building: 0.3 the sum of the heights of opposing buildings, but not less than 30 feet in any case and need not exceed 50 feet.

(4)

Between the end of one building and the end of another building: 1/5 the sum of the heights of opposing buildings, but not less than 20 feet in any case and need not exceed 40 feet.

(5)

Between any part of any two buildings, except as hereinbefore provided: 1/5 the sum of the heights of opposing buildings, but not less than 20 feet in any case and need not exceed 40 feet.

Plans submitted for site development approval shall include sewage disposal, water supply, storm drainage, landscaping and lighting, in addition to any other requirements in § 165-100.

All utility lines shall be located underground.

§ 165-80 Public buildings.

Public buildings and grounds may be allowed as special permit uses in the A-80, RR-80, RS-25, R-1-15, R-1-10, R-2, RMF, NB, GB and LI Districts, as specified in Article IV of this chapter, upon the approval of a special use permit by the Planning Board.

[Amended 7-27-1981 by L.L. No. 4-1981; 5-25-1993 by L.L. No. 2-1993]

A statement setting forth the details of the operation of the use, along with evidence of the proposed activity's eligibility as a "public building" as defined in § 165-10, shall be submitted to the Planning Board.

[Amended 7-27-1981 by L.L. No. 4-1981[1]]

[1]

Editor's Note: This local law also repealed former Subsection D, which immediately followed this subsection and which pertained to minimum width, area and setbacks.

§ 165-81 Rooming houses.

Rooming houses may be permitted as special permit uses in the R-2 and RMF Districts upon the approval of a special use permit by the Planning Board.

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

No rooming house shall provide shelter for more than five tenants who are not family members.

§ 165-82 Adult use entertainment establishments.

[Added 8-27-1996 by L.L. No. 2-1996[1]]

Adult use entertainment establishments may be permitted as special permit uses in the AUO Overlay District upon the approval of a special use permit by the Town of Farmington Planning Board in accordance with the following standards:

All adult uses shall be conducted in an enclosed building.

Regardless of the building location or distance from any public and/or semipublic areas, no one who is passing by an enclosed building having a use governed by the provisions of this chapter shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.

No building, vehicle or other device associated with an adult use entertainment establishment shall be painted in garish colors or such other fashion as will effectuate the same purpose as a sign without the Planning Board's approval.

No loudspeakers or sound equipment shall be used as part of an adult use entertainment establishment that can be discerned by the public from public and/or semipublic areas.

Parking of registered vehicles on the site shall be permitted only during the hours of operation.

No dwelling unit shall be allowed as part of any adult use entertainment establishment.

The requirements referenced herein are in addition to and not in place of any requirements which appear elsewhere in the Code or in any other rule, regulation, or policy of the Town of Farmington which would apply to an application for a special use permit, or as otherwise may apply with regard to the uses discussed herein.

[1]

Editor's Note: This local law also repealed former § 165-75, Adult entertainment, added 4-26-1994 by L.L. No. 2-1994.

§ 165-83 Outdoor storage of materials.

[Added 12-12-2000 by L.L. No. 1-2000]

Outdoor storage of materials, including the use of the storage units, may be permitted as special permitted uses in the LI and GI Districts for a period of time of not more than 18 months upon the issuance of a special use permit by the Town of Farmington Planning Board in accordance with the following standards:

All outdoor storage of materials shall be located in the rear yard portion of the site and within a secured (fenced-in) area.

No material may be stored outdoors that will create debris or dust being blown onto adjacent sites.

All outdoor storage areas shall be effectively screened from adjacent residential sites.

Temporary storage units may be used provided they are effectively screened from adjacent sites. No temporary storage unit may be placed next to a building or within the fire lane of a building. Not more than two temporary storage units may be allowed on a parcel of land unless a special use permit is obtained from the Planning Board.

No flammable material may be stored within a temporary storage unit.

Owned temporary storage units must be well maintained and no advertising will be allowed on the trailers.

All outdoor storage areas shall be lighted for security purposes.

§ 165-84 Private truck terminals; public truck terminals.

[Added 12-12-2000 by L.L. No. 1-2000]

Private truck terminal and public truck terminal[1] may be permitted as special permit uses in the GI General Industrial District upon the issuance of a special use permit by the Town of Farmington Planning Board in accordance with the following standards:

The minimum lot area shall be 10 acres.

A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor trailer on the site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.

A site plan shall be approved showing the location on the property for buildings, loading areas and docks, vehicle servicing, open storage of vehicles and customer parking areas.

There shall be no on-site open storage of materials.

All repairs and service (including vehicle washing) shall be conducted within an enclosed building, except for petroleum and/or other fueling product dispensing units.

All open storage of vehicles shall be located either in the side or rear yards of the site. Open storage areas shall be screened from any adjacent site.

No sleeping on site within a tractor shall be allowed.

Petroleum (fuel) dispensing units may be allowed subject to all federal and state permitting.

[1]

Editor's Note: Terms are defined as "truck terminal, private," and "truck terminal, public," in § 165-10.

§ 165-84.1 Mini-warehouse sites.

[Added 12-20-2005 by L.L. No. 40-2005]

Mini-warehouse sites may be allowed as a special permit use in the GB General Business District, LI Limited Industrial District and GI General Industrial District with the approval of a special use permit and site plan approval by the Planning Board.

No mini-warehouse site shall be located within 1,500 feet of an existing mini-warehouse site.

In the GB General Business District, mini-warehouse sites may be allowed upon a lot only when there is a permitted commercial storefront use that is part of the mini-warehouse structure. The storefront portion shall occupy an area commensurate with the width of the mini-warehouse structure and contain the minimum standard set forth in Subsection F below. Where there is more than one mini-warehouse structure on a lot, there must be a commercial storefront use for each structure. In the event that a commercial storefront use becomes vacant for a period of eight months or more and there is no evidence submitted to the Code Enforcement Officer of the owner's good-faith effort to lease the facility, the Planning Board shall have the right to require a public hearing on whether or not to continue said special use permit. Should it be determined by the Planning Board that this condition of approval is not being addressed, the Planning Board may have the right to make the special use permit null and void for the particular mini-warehouse structure.

In the GB General Business LI Limited Industrial and GI General Industrial Districts, no mini-warehouse structure may be used as part of a storefront use without Planning Board authorization as part of an approved special use permit and site plan.

[Amended 5-24-2022 by L.L. No. 4-2022

In the GB General Business, LI Limited Industrial and GI General Industrial Districts, a portion of a storefront within a mini-warehouse structure may also be designated as the rental office for the mini-warehouse site.

[Amended 5-24-2022 by L.L. No. 4-2022

In the GB General Business, LI Limited Industrial and GI General Industrial Districts, the storefront portion of a mini-warehouse structure shall not be larger than 35% of the total square-foot print of said mini-warehouse structure.

[Amended 5-24-2022 by L.L. No. 4-2022

In the LI or GI Districts, mini-warehouse sites are not required to have a storefront. In those instances where a storefront is proposed, only uses permitted within the respective zoning district may be allowed.

(Reserved)[1]

[1]

Editor's Note: Former Subsection H, regarding storefront area in the LI or GI Districts, was repealed 5-24-2022 by L.L. No. 4-2022.

The minimum lot size for a mini-warehouse site, in either the GB, LI or GI Districts, shall be two acres, with a minimum lot width of 200 feet.

The maximum length for a mini-warehouse structure, including the retail portion, shall be 200 feet.

The maximum size for an unconditioned mini-warehouse structure, not including any storefront portion, shall be 6,000 square feet. A retail portion of a mini-warehouse unconditioned structure used for storefront purposes shall be conditioned space. The maximum lot coverage for a mini-warehouse conditioned structure, including a storefront portion, shall be 35% in the GB General Business, LI Limited Industrial and GI General Industrial Districts.

[Amended 5-24-2022 by L.L. No. 4-2022]

The minimum area for a mini-warehouse unit shall be 100 square feet.

The maximum area for a mini-warehouse unit shall not exceed 300 square feet.

The maximum total percentage of one-hundred-square-foot mini-warehouse units in a mini-warehouse structure shall not exceed 30%. Of this total number, not more than 30% shall be permitted along the exterior portion of a mini-warehouse structure that faces an adjacent residential-zoned property or a public highway.

The minimum front setback for a mini-warehouse structure in the GB General Business District shall be 75 feet and in the LI Limited Industrial and GI General Industrial Districts shall be 80 feet.

[Amended 5-24-2022 by L.L. No. 4-2022]

Outdoor parking of stored travel trailers, trailers, recreational vehicles, boats, etc., may be allowed as part of site plan approval for a mini-warehouse site, provided that:

[Amended 5-24-2022 by L.L. No. 4-2022]

(1)

Such parking is within a designated area of the site that is fully screened by either a solid fence, a berm and/or landscaping, to the greatest extent practical, from view from along adjacent highways, parkland, and residential neighborhoods; and

(2)

Outdoor storage use/area shall be accessory to the mini-warehouse use; and

(3)

Designated off-street parking spaces shall be identified on site plans for mini-warehouse sites and shall not be used for outdoor parking of stored vehicles listed above in this section.

There shall be no outdoor storage of materials or goods on a mini-warehouse site.

Access to all unconditioned mini-warehouse structures located within a mini-warehouse site may be by gated entry point(s). All unconditioned mini-warehouse structures may be fully secured by a six-foot-high fence. A solid wall may be located along those portions of any unconditioned mini-warehouse structure that has an exterior wall facing the rear or side lot lines. All fences/walls visible from adjacent highways, parkland, and residential neighborhoods shall be constructed of decorative material such as slump stone masonry, concrete block, decorative brick or stone, wrought iron, or other similar materials that fully screen the mini-warehouse units. Said exterior wall for the unconditioned mini-warehouse units shall not have any openings for access. Where there is a storefront as part of an unconditioned mini-warehouse structure then a fence may be attached to the side portion of the storefront and extend towards the interior drive aisle portion(s) of the site. Access to a conditioned mini-warehouse structure that has a locked/alarmed exterior entrance door(s) is not required to be further secured by a six-foot-high fence/wall surrounding said structure.

[Amended 5-24-2022 by L.L. No. 4-2022]

All mini-warehouse units and storefronts shall be accessible to the Code Enforcement Officer for fire safety inspections as required under the Uniform Code.

A minimum of 40 feet in length of clear, unobstructed driveway shall be provided from the adjacent highway right-of-way to the primary access gate or principal entry point to any mini-warehouse site. The minimum driveway width between all mini-warehouse structures shall be 25 feet. The minimum driveway width circulating around the mini-warehouse structures and connecting to the internal drive aisles shall be 30 feet when serving two-way traffic movements.

[Amended 5-24-2022 by L.L. No. 4-2022]

All mini-warehouse sites shall have a dust-free surface.

All mini-warehouse sites that have storefronts shall provide adequate parking for said use which is separate from the parking areas for the mini-warehouse units. Said parking areas shall be shown on the site plan approved by the Planning Board. In the event that an applicant proposes the banking of parking spaces on a site, the site plan shall note this and shall delineate the area of the site to be used for banking the parking spaces otherwise required.

All mini-warehouse sites shall have security lighting that is in compliance with the Town's dark sky lighting regulations contained in § 165-64 of this chapter.

All mini-warehouse sites shall be maintained free of litter or debris.

A landscaped area at least six feet in width shall be provided around the mini-warehouse site. Said landscaped area is to be delineated on the approved site plan and shall contain those native plants and trees specified elsewhere within § 165-100C(2) and D. A two-year surety guarantee for maintaining this landscape area shall be required starting at the time of issuance of either a certificate of occupancy or a certificate of completion.

[Amended 5-24-2022 by L.L. No. 4-2022]

All mini-warehouse sites shall provide a sidewalk across the site's frontage when the site is identified on the Town of Farmington Sidewalk/Trail Master Plan Map, Map No. 19, contained in Appendix 2, of the latest edition of the adopted Town of Farmington Comprehensive Plan.

[Amended 5-24-2022 by L.L. No. 4-2022]

AA.

All mini-warehouse sites having more than one structure shall have similar building elevations and colors, and each building shall be identified by either a letter or number that is legible from the adjacent public highway and located on the side of the structure near the entrance to said structure. All other commercial speech signage shall comply with sign regulations contained elsewhere in this chapter of the Town Code.

[Amended 5-24-2022 by L.L. No. 4-2022]

BB.

All mini-warehouse site noncommercial speech signs may identify the property owner(s), their telephone number(s) and/or email address.

[Amended 5-24-2022 by L.L. No. 4-2022]

CC.

All mini-warehouse sites shall have conspicuously posted, near the main entrance to the site, a noncommercial speech sign containing the contact information to be called in the event of a site emergency.

[Amended 5-24-2022 by L.L. No. 4-2022]

DD.

Snow removal from within the mini-warehouse site shall be required unless the owner can demonstrate an area, within said site, where snow storage will not interfere with internal circulation of emergency vehicles and users of the facility.

[Amended 5-24-2022 by L.L. No. 4-2022]

EE.

All mini-warehouse sites shall provide internal roadway circulation designed to accommodate access throughout the site by emergency vehicles.

[Amended 5-24-2022 by L.L. No. 4-2022]

FF.

The parking spaces for conditioned mini-warehouse storage building(s) shall be clearly identified on the approved site plan, marked on pavement near the main entrance to the building and shall not be located greater than 150 lineal feet from the building's main entrance. Each conditioned mini-warehouse storage building shall have designated handicapped parking spaces as required by the State Uniform Code. None of these parking spaces may be used for the outdoor parking of vehicles being stored on the site as is identified above herein. Unconditioned mini-warehouse buildings may have parking alongside the drive aisles for each building.

[Amended 5-24-2022 by L.L. No. 4-2022]

GG.

The maximum height allowed for a conditioned mini-warehouse building shall be three stories in the GB General Business, LI Limited Industrial and GI General Industrial Districts.

[Added 5-24-2022 by L.L. No. 4-2022]

HH.

One loading dock may be allowed to be attached to a conditioned mini-warehouse building, provided the building has a minimum of 10 storage units each sized 100 square feet in area or larger. The loading dock shall be kept clear of all material and debris after each loading/unloading operation.

[Added 5-24-2022 by L.L. No. 4-2022]

II.

All packaging, rubbish, or debris associated with any mini-warehouse storage building/unit shall be stored on-site within an approved trash receptacle and shown on the site plan or immediately removed.

[Added 5-24-2022 by L.L. No. 4-2022]

JJ.

Vehicles, trailers and related equipment may be rented or leased on-site as an accessory use to the mini-warehouse use. However, no more than three vehicles, trailers and related equipment for rent or lease may be parked, displayed or stored in front of any mini-warehouse structure for more than 24 hours. All on-site commercial speech sign(s) must comply with the Town's sign regulations contained elsewhere in Chapter 165 of the Town Code.

[Added 5-24-2022 by L.L. No. 4-2022]

KK.

Mini-warehouse sites are intended for dead storage of personal goods and vehicles. The following activities are prohibited:

[Added 5-24-2022 by L.L. No. 4-2022]

(1)

Furniture, garage and junk sales; and

(2)

Auctions of any kind or retail activity except for such activity conducted by the site's owner for legal purposes. All such auctions are considered to be a special event subject to review and approval by the Town Code Enforcement Officer; and

(3)

Automobile repair and similar uses; and

(4)

Storage of hazardous or flammable materials must comply with New York State Fire Codes; and

(5)

Cabinet making and similar manufacturing, whether it is for sale or for the storage of unit renters' personal use; and

(6)

No dumping of sewage or trash, no washing of laundry, no living within a stored RV or board shall be permitted.

§ 165-84.2 On-site-use wind energy systems.

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

On-site-use wind energy systems may be allowed as special permit uses in the A-80, RR-80, RS-25, GB, LI and GI Districts with the approval of a special use permit and site plan approval by the Planning Board.

The number of on-site-use wind energy systems shall be limited to the number required for on-site energy consumption that is identified as part of any building permit application on a single parcel of land.

On-site-use wind energy systems shall be designed to meet the peak energy demand needs for existing site facilities and any known improvements to be located on the same property as the tower. Where adjacent property is under the same ownership, then wind-generated energy from the tower on one parcel of land may be transferred to those adjacent properties.

On-site-use wind energy systems exemption. Owners of an active farm operation located within an established Ontario County Agricultural Use District are exempt from the requirements to obtain a special use permit and site plan approval as required elsewhere in Chapter 165, § 165-84.2, of the Town Code. Such owners may construct and operate an on-site-use wind energy system as part of normal farm operations by obtaining a building permit from the Code Enforcement Officer. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with Subsections E and F of these regulations and provide the Code Enforcement Officer with a copy of the manufacturer's specifications for the unit being constructed. In addition, the applicant shall provide copies of all other related information requested by the Code Enforcement Officer.

On-site-use wind energy systems shall include the following components:

(1)

Qualified wind generators: listed on the New York State Energy Development Agency (NYSERDA) list of qualified wind generators, which gives consideration to:

(a)

Evidence of certification by a nationally recognized testing laboratory as meeting the safety and performance of a nationally or internationally recognized testing institution; or

(b)

Providing evidence acceptable to NYSERDA.

(2)

Wind generators must not be mounted upon any preexisting structure without engineering analysis showing compliance with the current New York State Building codes and certification by a licensed professional mechanical, structural or civil engineer demonstrating that the tower and foundation meet or exceed requirements withstanding the most stringent wind/ice load conditions for structures as set forth in the Building Code of New York State or other locally adopted code appropriate for the installation within the Town of Farmington.

(3)

Conversion electronics, inverters: certified as meeting the requirements of IEEE Standard 929-2000 and UL 1741, with preference to those listed in the New York State Public Service Commission's list of eligible or type-tested inverters. Inverters not listed may be used if the wind system receives an appropriate interconnection agreement from the utility and the installation meets New York State's standard interconnection requirements.

(4)

Other electrical components: All other electrical components of systems such as charge controllers, batteries, wiring and metering equipment must be certified as meeting the requirements of any relevant national and state codes and standards.

(5)

Interconnection: All applicants proposing grid-connected systems must provide evidence that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. When required, systems must meet New York State standard interconnection requirements. Off-grid systems shall be exempt from this requirement.

(6)

Installers: NYSERDA maintains a list of program-eligible installers which depend on education, training and experience to maintain their listing. The use of installers from the NYSERDA list is required in the interest of safety.

Special use permit criteria. The following criteria are hereby established for purposes of granting a special use permit for an on-site-use wind energy system:

(1)

Noise limitations. The level of noise produced during the operation of an on-site-use wind energy system shall not exceed 50 dBa beyond the present ambient sound levels at pre-construction levels, as measured at the boundaries of the parcel on which the system is located. The applicant will be required to submit technical data to the satisfaction of the Planning Board as to this requirement. This obligation shall be a continuing obligation with exceptions only for short-term events such as utility outages and severe windstorms.

(2)

Height. On-site-use wind energy systems to be located on a lot in the:

(a)

A-80 Agricultural District shall not exceed a total height of 80 feet.

(b)

RR-80 Rural/Residential District shall not exceed a total height of 80 feet.

(c)

RS-25 Residential/Suburban District shall not exceed a total height of 30 feet.

(d)

RB Restricted Business District shall not exceed a total height of 30 feet.

(e)

NB Neighborhood Business District shall not exceed a total height of 30 feet.

(f)

GB General Business District shall not exceed a total height of 80 feet.

(g)

LI Limited Industrial District shall not exceed a total height of 80 feet.

(h)

GI General Industrial District shall not exceed a total height of 80 feet.

§ 165-84.2.1 Federal Aviation Administration (FAA) requirements for on-site-use wind energy systems.

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

On-site-use wind energy systems shall meet all requirements of the Federal Aviation Administration.

§ 165-84.2.2 Ground clearance requirements for on-site-use wind energy systems.

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

The minimum distance between the ground and any part of the rotor blade must be 20 feet.

§ 165-84.2.3 Emergency shutdown/safety requirements for on-site-use wind energy systems.

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

The applicant shall post an emergency telephone number on each on-site-use wind energy system device so that the appropriate entities may be contacted should any on-site-use wind energy 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.

§ 165-84.2.4 Lightning protection for on-site-use wind energy systems.

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

All on-site-use wind energy systems shall have lightning protection as part of each unit.

§ 165-84.2.5 Ownership of on-site-use wind energy systems.

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

Ownership of the on-site-use wind energy system must be either the owner of the fee interest in the real property upon which it is situated or an applicant having written permission from the owner of the fee interest in the real property. In the event of transfer of ownership of the premises, the ownership of the wind energy conversion system must also be transferred to same or the tower must be decommissioned and removed.

§ 165-84.2.6 Utility service connection to on-site-use wind energy systems.

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

All power lines from the on-site-use wind energy system to on-site interconnection equipment shall be located underground and installed by certified professionals and must meet all applicable national, state and local electrical codes.

§ 165-84.2.7 Net metering requirements for on-site-use wind energy systems.

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

The applicant shall certify that he/she will comply with the requirements contained in the New York State net metering law[1] and accompanying regulations unless the applicant intends, and so states on the application, that the on-site-use wind energy system will not be connected to the public utility grid.

[1]

Editor's Note: See Public Service Law § 66-l.

§ 165-84.2.8 Lighting for on-site-use wind energy systems.

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

No on-site-use wind energy 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 prerequisite to the Board's approval with specific respect to existing residential uses located within 2,000 feet of each tower for which such strobe lighting is proposed.

§ 165-84.2.9 Access roads for on-site-use wind energy systems.

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

To the greatest extent possible, existing roadways shall be used for access to the location of the on-site-use wind energy system. In the case of constructing any roadways necessary to access the on-site-use wind energy 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.

§ 165-84.2.10 Anti-climb devices for on-site-use wind energy systems.

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

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

§ 165-84.2.11 Proximity of on-site-use wind energy systems to radio, television, telephone and wireless Internet systems.

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

On-site-use wind energy systems shall not be located in any area where their proximity interferes with existing fixed broadcast, retransmission systems such as cell phone towers or wireless Internet transmission systems.

§ 165-84.2.12 Decommissioning of on-site-use wind energy systems.

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

The applicant shall submit to the Planning Board a letter of intent committing the owner, and his or her successors-in-interest, to notify the Code Enforcement Officer (CEO) within 30 days of the discontinuance of the use of the on-site-use wind energy system. This letter of intent shall be filed with the CEO prior to the issuance of a building permit. The owner, or his/her successors-in-interest, shall have 30 days from the date of the notice to the CEO to prepare a decommissioning plan and to submit it to the CEO for the project files. The CEO shall issue a decommissioning permit based upon the submitted decommissioning plan within five business days of his/her receipt of the notice. The owner shall then have 60 days from the date of issuance of the decommissioning permit to complete the decommissioning process.

The owner, at his/her expense, shall remove the unused on-site-use wind energy system, including turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches and any other accessory structures, within one year of the discontinuance. The date of discontinuance shall be confirmed with records from the local public utility service to the property.

Disturbed earth on the site shall be graded and reseeded, unless the landowner requests, in writing, that the access roads and other land surface areas not be restored. Said request shall be made to the Planning Board and said Board shall make a decision whether or not to grant such request.

An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning (decommissioning costs) without regard to salvage value of the equipment and the cost of decommissioning with the net salvage value of the equipment (net decommissioning costs). Said estimates shall be submitted to the Farmington Town Board after the first year of operation and every fifth year thereafter.

The on-site-use wind energy system operator or owner shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or state-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within New York State and is approved by the Farmington Town Board. The Town shall be named as the insured party for these decommissioning funds.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance which identifies the Town as the insured party in a form as may be acceptable to the Farmington Town Board.

If the facility owner or operator fails to complete decommissioning within the period prescribed in Subsection A above, the landowner shall have an additional 30 days to complete the decommissioning process.

If neither the facility owner or operator nor the landowner completes decommissioning within the periods prescribed in Subsections A and G, then the Town of Farmington may take such measures as necessary to complete decommissioning. In the event that the facility owner or operator is also the landowner, said responsible party is not entitled to any additional time to complete the decommissioning process. The entry into and submission of evidence of a participating landowner agreement to the Town of Farmington shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Town of Farmington may take such action as necessary to implement the decommissioning plan. All expenses incurred by the Town in connection with the proceedings of the decommissioning process shall be assessed against the land on which it is located and shall be levied and collected in the same manner as provided in Article 15 of Town Law for levy and collection of special ad valorem levy.

The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the Town concurs that decommissioning has been satisfactorily completed or upon written approval of the Town Board in order to implement the decommissioning plan.

Should the on-site-use wind energy system be nonoperational for any continuous six-month period, the approvals granted shall be deemed void and the on-site-use wind energy system shall be decommissioned subject to the above provisions in this section unless the property owner notifies the Code Enforcement Officer, in writing, within 10 days of the ceasing of the generation of on-site wind energy. Said notification shall identify the reason for stopping the wind energy generation and further provide any details as may be requested by the CEO. Upon review, the CEO may authorize an extension to the six-month period specified above herein to allow the property owner time to either make necessary repairs or to commence the decommissioning process. A copy of said determination shall be placed in the property file and shall automatically terminate on the date specified in the CEO's determination. The maximum period for such time extension shall be six months beyond the continuous six-month period specified above herein.

§ 165-84.2.13 Setbacks of on-site-use wind energy systems.

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

On-site-use wind energy 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 on adjacent sites. Setback distances shall be measured from the base of the 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.

§ 165-84.2.14 Effect of on-site-use wind energy systems on emergency communications towers.

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

Every on-site-use wind energy system shall not be allowed to compromise the effectiveness of public safety emergency communications towers. As part of each special use permit or building permit, the Ontario County Office of Emergency Preparedness shall be required to provide written confirmation of any on-site-use wind energy system's effect upon the effectiveness of the emergency communications system's being compromised by an on-site-use wind energy system.

§ 165-84.2.15 Site plan review and approval for on-site-use wind energy systems on emergency communications towers.

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

The Planning Board shall review the site plan for any application for an on-site-use wind energy system. 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 an on-site-use wind energy system:

(1)

Completed application form as supplied by the Town of Farmington for site plan approval for an on-site-use wind energy system.

(2)

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

(3)

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

(a)

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

(b)

Location, approximate dimensions and types of existing structures and uses on the site;

(c)

Location and elevation of the proposed on-site-use wind energy system;

(d)

Location of all existing aboveground utility lines on the site;

(e)

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

(f)

Soils at the construction site.

(4)

Placement. All towers shall be located in such a manner as to minimize visual impacts to residential sites located within 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 on-site-use wind energy system will be located.

(5)

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

(6)

Guy wires. Anchor points for guy wires for the on-site-use wind energy 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.

(7)

All applications shall be accompanied by a short-form environmental assessment, with Part 1 completed and signed by the applicant. The following additional material may be required by the Planning Board:

(a)

Project visibility map showing the impact of topography upon visibility of the project from other locations, to a distance of 500 feet from the subject property boundaries.

(b)

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

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

(1)

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

(2)

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

§ 165-84.2.16 Compliance with Uniform Building Code required for installation of on-site-use wind energy systems.

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

All building permit applications shall be accompanied by standard drawings of structural components of the on-site-use wind energy 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.

§ 165-84.2.17 Compliance with state, local and national electric codes required for installation of on-site-use wind energy systems.

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

All building permit applications shall be accompanied by a line drawing identifying the electrical components of the on-site-use wind energy 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 National Electric Code and good engineering practices.

§ 165-84.2.18 Insurance required for installation and operation of on-site-use wind energy systems.

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

The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the on-site-use wind energy system at all times. Said policy shall provide a minimum of $300,000 property and personal liability coverage.

§ 165-84.2.19 Power to impose conditions regarding on-site-use wind energy systems.

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

In granting any site plan approval, special use permit or variance for an on-site-use wind energy system, the Planning Board or Zoning Board of Appeals, as the case may be, may impose reasonable conditions to the extent that such board finds that such conditions are necessary to minimize any adverse effect or impacts resulting from the proposed use on neighboring properties.

§ 165-84.2.20 Fees for on-site-use wind energy systems.

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

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

§ 165-84.3 Large-scale ground-mounted solar (PV) systems.

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

§ 165-84.3.1 Special use permit and site plan approvals.

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

Large-scale ground-mounted solar PV systems, as principal uses, may be allowed upon the issuance of a special use permit and site plan approvals that are granted by the Planning Board, upon lots located within the A-80 Agricultural District, the RR-80 Rural Residential District, the GB General Business District, the LI Limited Industrial District, and the GI General Industrial District and as further provided for in this section.

§ 165-84.3.2 Conditional approval required.

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

No special use permit shall be issued unless the Planning Board finds that the following conditions are met:

The special use permit granted shall be valid only for the anticipated life of the ground-mounted large-scale solar PV system as documented in the application to the Planning Board, or upon abandonment of said system by the operator.

The special use permit may be amended or extended in time upon application to the Planning Board setting forth the reasons for such amendment of time or amendment to the conditions of approval; and a determination by the Planning Board whether any other amendments to the special use permit, the final site plan, the decommissioning plan and the surety on file need to be made as part of the amendment approvals.

The special use permit shall be valid only for the approved period, provided further that the applicant continues compliance with the conditions of special use approval.

The special use permit shall be valid only for as long as the applicant complies with the conditions of final site plan approval.

The special use permit shall be valid only for as long as the applicant has received Town Board acceptance of the decommissioning plan and an acceptable form of surety that remains in effect with the Town.

§ 165-84.3.3 Criteria for accepting special use permit application.

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

No special use permit application shall be deemed to be complete by the Planning Board until the following conditions are met:

Submission of a detailed site-specific operation and maintenance plan that identifies all party(ies) responsible for the operation and maintenance of the proposed large-scale ground-mounted solar PV system(s) on the subject lot(s)/parcel(s).

Identification of the party responsible for decommissioning of a large-scale ground-mounted solar PV system accompanied by a written acknowledgment by the landowner(s) of his/her/their responsibilities.

Written acknowledgment by a public utility to enter into an agreement with the applicant to purchase the electricity to be generated by the proposed large-scale ground-mounted solar PV system on the subject lot(s)/parcel(s).

A description of any agreement(s) regarding decommissioning between the responsible party(ies), the Town and the landowner(s) which includes the duration of the lease for a solar system to enable the Planning Board to assess the likely life cycle of the solar system and plan for possible decommissioning at such time. Disclosure of any agreement regarding decommissioning between the responsible party(ies), the Town and the landowner(s) may redact specific financial terms.

A detailed soils classification map of the entire lot(s)/parcel(s) of land has been prepared in accordance with the requirements of the provisions of the New York State Department of Agriculture and Markets Law for determining agricultural use value exemptions shall be provided for any application involving land being actively farmed, land located within the established Ontario County Consolidated Agricultural Use District No. 1, or land identified on the Strategic Farmland Protection Map, Map No. 8, as contained in the latest edition of the adopted Town of Farmington Farmland Protection Plan.

Where a proposed large-scale ground-mounted solar PV system involves a lot/parcel identified in Subsection E above, a soil sampling program acceptable to the Planning Board is to be provided which establishes relevant benchmark soil conditions over representative sections of the lot/parcel on which the solar system will be sited, and then provides for periodic sampling comparisons to monitor conditions of the soils beneath and around the solar arrays used.

A schedule prepared by a licensed engineer is to be included, reviewed, and accepted by the Planning Board identifying all items to be removed during decommissioning of a large-scale photovoltaic (PV) solar site which identifies the time frame over which decommissioning will occur, including a date for completion of site restoration work.

Cost estimates for both site development and decommissioning of the site are to be prepared by a licensed engineer and then reviewed and accepted by the Town Engineer. These estimates are to include the full cost of constructing the solar site and decommissioning and removal of the solar PV system from the site.

§ 165-84.3.4 Criteria for accepting and approving application for site plan approval.

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

No application for site plan approval for a large-scale ground-mounted solar photovoltaic (PV) system shall be deemed to be complete by the Planning Board until the following conditions are met:

Setbacks to nonresidential districts. Large-scale ground-mounted solar PV systems are subject to the minimum yard and setback requirements for the nonresidential zoning district (e.g., RB, NB, GB, LI and GI Districts) in which the system is located. No part of a large-scale ground-mounted solar PV system shall extend into the required yards and/or setbacks due to a tracking system or short-term or seasonal adjustment in the location, position or orientation of solar PV related equipment or parts.

Setback to residential districts. The location of large-scale ground-mounted solar PV collectors shall meet the setbacks specified below herein but shall not be less than 40 feet from any public highway right-of-way and/or utility easement; and said natural vegetation (e.g., landscaping) buffer shall be provided within this area in a manner to be effectively and exclusively used as a visual barrier between the solar system site and adjacent residential property(ies). The setbacks established herein are intended to provide space for planting a visual buffer of natural vegetation to be created between the large-scale ground-mounted PV solar site's security fence surrounding such a PV solar system and adjacent property lines where residential dwellings either exist or are permitted to exist. Plantings within this area are to be, at the time of installation, at a height to provide, as much as practicable, a visual screening of the large-scale ground-mounted PV system from adjacent residential properties. The species type, location, and planned height of such natural vegetation (landscaping) shall be subject to further approval by the Planning Board as part of the required site plan approval application. Such heights may be further subject to changing topography on the ground-mounted PV solar site from that of adjacent properties.

Large-scale ground-mounted solar PV systems located in a zoning district where residential dwellings are permitted. Such solar PV systems shall be set back an additional 120 feet from the minimum yard setback along all property lines that abut a lot or parcel of land located in the zoning district(s) permitting residential dwellings, unless said property contains soils classified as "prime" or "unique" (Soils Groups 1 through 4) and the land is being actively farmed or used for livestock. In this instance, the minimum setback shall be 40 feet from the property line. This additional setback dimension shall also apply to the front yard portion of the lot or parcel of land located on the opposite side of the street which is also located in a zoning district allowing residential dwellings.

Large-scale ground-mounted solar PV systems located in restricted business, commercial or industrial districts. Such solar PV systems shall be set back an additional 110 feet from the minimum yard setback along all property lines that abut a lot located in the A-80, RR-80 and other zoning districts permitting residential dwellings, or an IZ Incentive Zoning District. This additional setback dimension shall also apply to the front yard setback when the lot on the opposite side of the street is in a residential or an incentive zone district.

Large-scale ground-mounted solar PV systems located upon strategic farmland. Large-scale ground-mounted solar PV systems that are to be developed upon land identified on the Town of Farmington Active Farmland — Strategic Farmland Map, Map Number 8, of the adopted Town of Farmington Farmland Protection Plan shall be allowed on soils classified as Class 1 through 4, as documented upon the Soil Group Worksheets prepared by the Ontario County Soil and Water Conservation District and used by the Town of Farmington Assessor in calculation of the agricultural use exemption values, a part of the New York State Department of Agriculture and Markets Agricultural District Law, once it can be determined, by the Planning Board, that there is no feasible alternative location on the lot/parcel at issue to place the proposed solar system. Where there is no feasible alternative location on the lot/parcel at issue, then the solar system applicant shall provide an agricultural conservation easement (ACE) on another lot/parcel of land, containing Class 1 through 4 soils, which is shown on the above-referenced Map Number 8, and said acreage is to be in the total amount of acreage equal to the acreage of Class 1 through 4 soils that are proposed to be used as part of a proposed large-scale ground-mounted solar PV system. Said ACE shall be placed only upon land having Class 1 through 4 soils and fronting along a public highway and shall not be in some remote interior portion of a lot/parcel. Said ACE shall remain in effect for the same period associated with the time limit specified in the special use permit that is granted for a proposed large-scale ground-mounted solar PV system. Said ACE may be terminated once the subject solar PV system has been decommissioned, or upon a determination by the Town Board that said solar system is no longer operating under the terms of the original submission.

The following standards are to be implemented by the Planning Board as part of site plan approval for any large-scale ground-mounted solar PV system:

(1)

Where large-scale ground-mounted solar PV systems are to be located on Class 1 through 4 soils, then the following shall apply to the construction, follow-up monitoring of a solar PV system during its useful life and restoration of these portions of the site in accordance with the latest Guidelines for Agricultural Mitigation for Solar Energy Projects promulgated by the New York State Department of Agriculture and Markets; and

(2)

Requirement for an environmental monitor (EM). Depending upon the total acreage of the large-scale ground-mounted solar PV system, any system occupying 10 or more acres in total shall have an environmental monitor (EM) retained by the solar PV system operator(s) to oversee the construction, follow-up monitoring of the solar PV system, decommissioning of the system and restoration of the agricultural field(s) to their original state, to the extent practical. The EM is to be on site whenever construction, decommissioning or restoration work is occurring on the Class 1 through 4 soils; and his/her work is to be coordinated with staff at the Ontario County Soil and Water Conservation District, the New York State Department of Agriculture and Markets, and the Town Code Enforcement Officer and other Town officials. Said work is to be based upon a schedule for inspections during each of the above-referenced phases to assure the soils are being protected to the greatest extent possible.

(3)

Solar PV system(s) located upon more than one lot. In the event a large-scale ground-mounted solar PV system is to be located upon more than one lot/parcel, then the total acreage involved as part of such system is to be based upon the overall acreage of the system and not its individual pieces of land.

(4)

Requirement for an EM on more than one lot. Where a large-scale ground-mounted solar PV system is located upon more than one lot/parcel, then each lot/parcel may have its own EM. Where there is more than one EM associated with a large-scale ground-mounted solar PV system, then it shall be the responsibility of the system's operator to coordinate the duties and responsibilities of each EM with the state, county and Town officials referenced above in § 165-84.3.4F(2).

(5)

Security fence. Each large-scale ground-mounted solar PV system site is to be completely enclosed by a security fence having a minimum number of gates and a height not to exceed eight feet above existing ground elevation. Said security fence shall also display the project's contact information sign and safety warning signs to be spaced around the perimeter of the site. Any security fence enclosure shall not unnecessarily interfere with or impede watering systems associated with rotational grazing systems of an established agricultural operation. In addition, such security enclosure shall not create an excessive and unnecessary reduction in the amount of acreage remaining for farmland operations. Design details for the proposed fence are to be shown on the site plan drawings; and photographs showing the perimeter of the installed fence are to be filed in the Town Development Office. Public information signs and warning signs shall be provided on a security fence as further regulated in § 165-84.3.4I below. The site plan drawings shall identify the locations, size and number(s) of such signage.

(6)

Visual simulation site photos. Every application for a proposed large-scale ground-mounted solar PV system on the site shall include photo simulations of the proposed large-scale ground-mounted solar PV system with the site plan drawings.

(7)

Visual simulation landscaping photos. Every application for a proposed large-scale ground-mounted solar PV system shall include a visual simulation of the proposed landscaping plantings, both at the time of installation and as expected to appear in year five of the system's operation. The landscaping area is to be shown surrounding the outside of the security fence for the proposed solar PV system and is to be included with the preliminary site plan drawings and shall be presented to the public early in the site plan application process. A detailed landscaping design and planting schedule are to be provided as part of any site plan application.

(8)

Structures for overhead collection lines. Structures for overhead collection lines for a large-scale ground-mounted solar PV system are to be located upon the nonactive agricultural portions of the site and along field edges wherever possible.

(9)

Access roads. There are hereby established three classes of access roads to be used for any large-scale ground-mounted solar project. They include the following: a) solar system site access road, which is the main point of access to the site extending from the pavement edge of the adjacent public highway. The solar system site access road is to be designed to the Town's industrial road specification and to have a minimum width of 24 feet and shall be paved for 100 feet from the edge of the travel lane of the adjacent public street; b) solar system's PV panel(s) access road(s), which are the access roads within the site that provide access to the solar panels for maintenance purposes. These are "hard surface" access roads and are to be located along the edge of agricultural fields and designed to meet the Town of Farmington's private drive specifications; c) solar system subsurface stabilized maintenance access roads, which involve the space between the solar panels and the perimeter of the solar site's security fence. This area is to be designed to meet the Town's subsurface stabilized maintenance access road specifications. These areas are mainly for emergency access purposes. To the extent practical, the solar system's PV panel(s) access roads and the solar system subsurface stabilized maintenance access roads are to be in areas next to hedgerows and on the nonagricultural portions of the solar PV system site.

(10)

Access gates. There shall be a minimum of one access gate sized to accommodate maintenance equipment and/or emergency response equipment of local public safety agencies. Depending upon the length of each side of each of the sides of the security fence, the Town Fire Marshal shall have the authority to require more than one access gate to be provided for vehicles to and from the solar system's PV panel(s) where it is deemed to be in the interests of promoting public safety of first responders.

(11)

Emergency personnel exit gates. One emergency personnel exit gate is to be provided along the security fence perimeter on all sides of the site to facilitate emergency egress from the enclosed area by system operators and first responders involved with extinguishing a solar panel fire or brush fire within the interior portion of a large-scale ground-mounted solar PV system site. Depending upon the length of each side of the security fence, the Town Fire Marshal shall have the authority to require more than one emergency access gate to be provided around the perimeter of the site where it is deemed to be in the interests of promoting public safety of first responders.

(12)

Access road widths. The width of the large-scale ground-mounted solar system's PV panels access road is to be no wider than 20 feet to minimize the loss of agricultural lands and comply with the design standards of the State of New York Fire Access Code. The width of the solar system access road shall have a minimum width of 24 feet and shall be paved.

(13)

Prohibition on cut and fill. There shall be no cut and fill of a large-scale ground-mounted solar PV system site for creating on-site access roads which would create on-site drainage problems. Any on-site access road, which is proposed to cross agricultural fields is instead to be located along ridge tops and follow existing field contours to the greatest extent possible. The locations of all on-site access roads are to be shown on the site plan drawings.

(14)

Site drainage. All existing site drainage is to be maintained to the greatest extent practical. Any drainage structure(s) and/or erosion control measure(s) to be installed, such as diversions, ditches, and field drainage tile lines, shall take appropriate measures to maintain natural drainage flows and the effectiveness of such structures. Any existing drainage structure that is disturbed or damaged during site construction is to be repaired and the drainage structure is to be returned, as close as possible, to the original condition, unless such structures are to be eliminated based upon the site plan for the large-scale ground-mounted solar PV system.

(15)

Access road profile. The profile of a large-scale ground-mounted solar PV system access road that is to be constructed through agricultural fields is to be level with the adjacent field surface wherever possible. The design for this site improvement is to be shown on the site plan drawings. No access road shall be permitted that alters existing drainage patterns on the site.

(16)

Maintaining natural drainage patterns. Culverts and water bars are to be installed so as to maintain natural drainage patterns within the large-scale ground-mounted solar PV system area. The design for these site components is to be shown on the site plan drawings.

(17)

Topsoil stripping and storage. All topsoil areas stripped for vehicle and equipment traffic, on-site parking and equipment laydown and storage areas are to remain on the site during the useful life of the large-scale ground-mounted solar PV system. The designated area(s) on the site to be used for topsoil stockpiling are to be shown on the site plan drawings. All topsoil stockpiles are to be stabilized and seeded in accordance with the Town's MS 4 Program requirements.

(18)

Site excavation storage. All excavated materials (e.g., rock and/or subsoil) from on-site work areas (e.g., on-site parking area(s), electric cable trenches and site laydown areas, etc.) are to be stockpiled on site and separate from other excavated materials (e.g., topsoil). The design for these site components is to be shown on the site plan drawings.

(19)

Maximum temporary workspace area width. A maximum width of 50 feet for any temporary workspace is to be provided along any open-cut electric cable trench for property topsoil segregation. All topsoil will be stockpiled immediately adjacent to the workspace area where stripped and shall be used for restoration on that portion of the solar PV system site as soon as practical after the installation of the electric cable.

(20)

Electric interconnect cables and transmission lines. Electric interconnect cables and transmission lines are to be buried in agricultural fields wherever practical. All such buried lines are to be shown on the site plan drawings and the record drawings for said large-scale ground-mounted solar PV system.

(21)

Electric interconnect cables and transmission lines. Electric interconnect cables and transmission lines that must be installed above ground shall be located outside agricultural field boundaries. When aboveground cables and transmission lines must cross agricultural fields, then taller support structures are to be used providing longer spanning distances and all such structures are to be located on the edges of the agricultural fields, to the greatest extent practical. Details for all such structures are to be shown on the site plan drawings.

(22)

Buried electric cables and transmission lines. All buried electric cables and transmission lines buried in cropland, hay land and improved pasture shall have a minimum depth of 48 inches of cover. At no time shall the depth of cover be less than 24 inches below the existing soil surface. The location(s) of all buried electric cables and transmission lines is to be shown on the site plan drawings.

(23)

Intercept drain lines. The Ontario County Soil and Water Conservation District is to be consulted concerning the type of intercept drain lines whenever buried electric cable alters the natural stratification of soil horizons and natural soil drainage patterns. Their report shall be taken into consideration and design details shown on the site plan drawings.

(24)

Pasturelands. Where a proposed large-scale ground-mounted solar PV system design affects existing and continued pasture areas, it is necessary to construct temporary or permanent fences around work areas to prevent livestock access which are to be based upon landowner written agreements. Said agreements are to be referenced on the site plan drawings and copies thereof filed with the Town's project file.

(25)

Excess concrete. Excess concrete used in the construction of the large-scale ground-mounted solar PV system site shall not be buried or left on the surface in active agricultural areas of the project. Concrete trucks are to be washed, in documented washout areas, outside of active agricultural areas. A washout site is to be shown on the site plan drawings, along with notes that identify the reclamation of these areas.

(26)

Materials disposal. All permits necessary for disposal of materials brought onto a large-scale ground-mounted solar PV system site, under local, state and/or federal laws and regulations, must be obtained by the contractor with the cooperation of the landowner. Copies of all such permits are to be noted on the site plan drawings and filed with the Town Development Office.

The following restoration requirements for all agricultural areas that are part of a large-scale ground-mounted solar PV system which are temporarily disturbed by construction or decommissioning shall:

(1)

Be decompacted to a depth of 18 inches with a deep ripper or heavy-duty chisel plow. Soil compaction results should be no more than 250 pounds per square inch (PSI) as measured with a soil penetrometer. In areas where the topsoil was stripped, soil decompaction should be conducted prior to topsoil replacement. Following decompaction, remove all rocks that are four inches or greater in size from the surface of the subsoil prior to replacement of topsoil. Replace the topsoil to original depth and reestablish original contours where possible. Remove all rocks sized four inches and larger from the surface of the topsoil. Subsoil decompaction and topsoil replacement shall be avoided between October 1 of each year and May 1 of the following year.

(2)

Regrade all access roads to allow for farm equipment crossing and farm animals and to restore original surface drainage patterns or other drainage pattern incorporated into the approved site design by the Planning Board.

(3)

Seed all restored agricultural areas with the seed mix specified by the landowner to maintain consistency with the surrounding areas.

(4)

All damaged subsurface or surface drainage structures are to be repaired to preconstruction conditions, unless said structures are to be removed as part of the site plan approval by the Planning Board. All surface or subsurface drainage problems resulting from construction of the solar energy project are to be corrected with the appropriate mitigation as determined by the EM, Soil and Water Conservation District and the landowner.

(5)

Postpone any restoration practices until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration is not to be conducted while soils are in a wet or plastic state of consistency. Stockpiled topsoil shall not be regraded, and subsoil shall not be decompacted until plasticity, as determined by the Atterberg field test, is adequately reduced. No project restoration activities are to occur in agricultural fields between the months of October and the following May unless favorable soil moisture conditions exist.

(6)

Following site restoration, remove all construction debris from the site.

(7)

Following site restoration, at which point in time shall be agreed to by the landowner, the project sponsor is to provide a monitoring and remediation period of no less than two years from said agreed-to date to enable the revegetation of cover for the disturbed ground to make sure erosion is controlled. General conditions to be monitored include topsoil thickness, relative content of rock and large stones, trench settling, crop production, revegetation, drainage and repair of severed subsurface drain lines, fences, etc.

(8)

Mitigate any topsoil deficiency and trench settling with imported topsoil that is consistent with the quality of topsoil on the affected site. All excess rocks and stones larger than four inches in diameter shall be removed from the site.

(9)

All aboveground solar array structures are to be removed and all areas previously used for agricultural production are to be restored and accepted by the landowner, the Soil and Water Conservation District, and the State Department of Agriculture and Markets.

(10)

All concrete piers, footers, or other supports are to be removed to a depth of 48 inches below the soil surface. Underground electric lines are to be abandoned in place. Access roads in agricultural areas are to be removed, unless otherwise specified by the landowner.

Utility connections. Utility lines and connections from a large-scale ground-mounted solar PV system shall be installed underground, unless otherwise determined by the Planning Board for reasons that may include poor soil conditions, topography of the site, and requirements of the utility provider. Electric inverters and transformers for utility interconnections may be above ground if required by the utility provider.

Fences. Notwithstanding the provisions found in § 165-61, Fences, of this chapter, fences not exceeding eight feet in height, including open-weave chain-link fences and solid fences, shall be permitted for the purpose of screening or enclosing a large-scale ground-mounted solar PV system, regardless of the district in which the system is located, provided said system is classified as a principal use.

Barbed wire. Notwithstanding provisions for barbed wired found in § 165-61A of this chapter, fences intended to enclose a large-scale ground-mounted solar PV system may contain barbed wire canted out.

Height. Large-scale ground-mounted solar PV systems may not exceed 12 feet in height, excepting weather monitoring equipment, which may extend to a height of 15 feet or such height as the Planning Board finds appropriate and not objectionable under the circumstances, and excepting utility poles and lines needed to transport solar energy to the utility grid and connection facilities of the local utility.

Minimum lot size. Large-scale ground-mounted solar PV systems shall adhere to the minimum lot size requirements for the zoning district in which the system is located, except that for residential districts the minimum lot size shall be one acre.

Lot coverage requirements. Large-scale ground-mounted solar PV systems shall adhere to the maximum lot coverage requirement for principal uses within the zoning district they are located. The lot coverage of a large-scale ground-mounted solar PV system shall be calculated based on the definition of "lot coverage" found in Article II, § 165- 10, of this chapter.

Signs. Large-scale ground-mounted solar PV systems classified as a principal use shall adhere to the sign requirements for the zoning district in which they are located. However, a project information sign and public warning signs shall be affixed to the project fence and the warning signs are to be spaced apart at intervals recommended by the Federal Energy Regulatory Commission (FERC) and shall be of the size recommended in said FERC regulations.

Location in front yard. Notwithstanding the requirements regulating location of accessory structures found elsewhere in this chapter, large-scale ground-mounted solar PV systems classified as an accessory use shall be prohibited in a front yard, including location in any front yard on a corner lot.

§ 165-84.3.5 Periodic soil sampling reports.

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

The periodic soil sampling reports required by the Planning Board as a condition of granting a special use permit for a large-scale ground-mounted solar PV system shall be:

In place prior to the start of construction of a large-scale ground-mounted solar PV system which establishes relevant benchmark soil conditions over representative sections of the lot(s)/parcel(s) on which the solar system will be sited.

Said benchmark soil conditions shall serve as the basis for periodic soil sampling conditions to monitor conditions of the soils beneath and around the solar arrays used.

Significant deviations in the periodic sampling reports from benchmarks shall warrant the Planning Board to investigate the changes and reexamine the special use permit approved and its conditions to determine if changed circumstances reflected in the soil sampling results warrant rescinding the special use permit or continuing it on such new terms and timing as the Planning Board determines to be appropriate under the circumstances. The burden shall be on the system operator and landowner to establish that conditions remain safe for the operation of the solar system on the site so that continuation of the special use permit, as conditioned and with such appropriate additional conditions as may be imposed by the Planning Board, remains warranted.

§ 165-84.3.6 Alterations to approved large-scale ground-mounted solar systems.

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

Any alteration(s) or repair(s) made to solar energy equipment located within an approved large-scale ground-mounted solar PV system site shall comply with the site's special use permit, final site plan, decommissioning plan, and operation and maintenance plan and will require a building permit issued by the Town Code Enforcement Officer. All such permit(s) must comply with all New York State building codes.

Any alteration(s) or repair(s) made to solar energy equipment located within an approved large-scale ground-mounted solar PV system site that is/are determined not to comply with the site's special use permit, final site plan, decommissioning plan, and the site's operation and maintenance plan will require the approval by the Town Planning Board prior to the issuance of a building permit by the Town Code Enforcement Officer.

§ 165-84.3.7 Annual report.

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

The large-scale ground-mounted solar PV system owner shall, on a yearly basis from the date of the certificate of compliance issued by the Code Enforcement Officer (CEO), provide the CEO a written report identifying the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period.

In addition to the above, the annual written report shall show:

(1)

All restrictions, if any, that were placed upon the production of the solar energy imposed by identified factors beyond the control of the system operator; and

(2)

All changes to solar panels used and the reasons therefor; and

(3)

The number, location, and kind (by manufacturer and model) of said changes to solar panels used; and

(4)

Site plantings needing replacement and identify the plan for their replacement; and

(5)

Any change of ownership or operator of the system and/or ownership of the lot/parcel upon which the large-scale ground-mounted solar PV system is located; and

(6)

Any change in the party(ies) responsible for decommissioning and removal of the large-scale ground-mounted solar PV system.

Third-year report. Every third year, since the start of solar generation, the annual report to the CEO, as is to be provided for in the Planning Board's condition of approval for the special use permit for a large-scale ground-mounted solar PV system occurring on lands identified in § 165-84.3.4E above, shall provide the filing of evidence of financial surety and requisite soil sampling. Failure to submit an adequate report as required herein shall be considered a violation subject to the penalties in Article X of Chapter 165 of the Town Code and may be considered evidence of abandonment. The Town Engineer shall review each third-year report and compare it to the surety amount on file with the Town Clerk's Office to determine what, if any, change needs to be made to the surety. Such change shall reflect any structural change to the large-scale ground-mounted solar PV system, and significant increase in the costs of materials associated with the system operations, hourly rate increases associated with Town personnel monitoring of the site, decommissioning and site restoration. The Town Engineer's surety review shall be coordinated with the Town Code Enforcement Officer, the Town Planning Board, the Town Director of Planning and Development, and acted upon by the Town Board. The system operator shall have 30 days, from the date of Town Board action, to file the revised surety instrument with the Town Clerk's Office. Failure to do so shall constitute a violation of the special use permit conditions of approval and result in the Town Code Enforcement Officer initiating the abandonment process described elsewhere in these regulations.

§ 165-84.3.8 Letter of credit.

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

Prior to the Town Code Enforcement Officer (CEO) authorizing the start of construction for any large-scale ground-mounted solar PV system, a letter of credit is to be submitted to the Town Construction Inspector and the Town Engineer for their review and acceptance. The letter of credit shall be based upon the applicant's engineer's estimate of values for the approved site improvements. This estimate is then reviewed by the Town Planning Board and, if accepted, recommended to the Town Board for approval by said Board, and then a letter of credit, in the amount approved, is to be filed with the Town Clerk's Office. Any letter of credit not filed with the Town Clerk's Office within 90 days of the date of the Town Board resolution approving said amount may be subject to reapproval by those identified above herein.

Once the letter of credit is filed with the Town Clerk's Office, then the CEO shall schedule a pre-construction meeting with Town staff, the Town Engineer and other involved agencies wishing to attend. The pre-construction meeting shall identify all involved with the site development along with all procedures expected to be followed with the development of the large-scale ground-mounted solar PV system site.

The letter of credit shall be automatically renewed, if determined necessary by the Town Director of Planning and Development, and shall not be allowed to expire until a maintenance bond has been approved by the Town Board and filed with the Town Clerk's Office and the CEO has issued a certificate of compliance for the site development. At that point, the letter of credit may be released upon Town Board authorization.

In the event that during the ongoing operation of the large-scale ground-mounted PV system it is determined necessary, by the Town Board, that additional site improvements are necessary, the applicant shall provide the Town Construction Inspector and the Town Engineer with a separate engineer's estimate of value for said site improvements. The acceptance process identified in Subsection A above is to be followed along with the pre-construction process identified in Subsection B above prior to any authorization to make such additional site improvement.

§ 165-84.3.9 Decommissioning plan and form of surety.

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

Decommissioning plan and surety for special use permit and site plan applications. All large-scale ground-mounted solar PV systems shall provide as part of any special use permit and/or site plan application a decommissioning plan that is to be accompanied by a proposed form of surety which is ultimately to be based in part upon the conditions of special use permit and final site plan approvals by the Planning Board. The approved surety guarantees among other things the periodic inspection(s) of and reports upon the project site during its useful life and the restoration of the project site in the manner as provided for elsewhere in this chapter.

Acceptance of decommissioning plan. The applicant's decommissioning plan shall be submitted by the Planning Board, after its initial review, to the Town Engineer for his/her review and recommendation. In addition, the applicant's surety shall also be reviewed by the Town Engineer for his/her recommendation and report to the Planning Board. The Planning Board, as part of final site plan approval, shall recommend to the Town Board whether to accept the surety instrument. The Town Board, based upon its review, shall either accept, modify, or deny the form of surety being offered. No further action shall be taken upon the proposed solar PV system until an acceptable form of surety has been favorably acted upon by the Town Board.

Filing of surety. The surety, once approved by the Town Board, is to remain on file in the Town Clerk's Office and shall be available to the Town for the entire existence of the large-scale ground-mounted solar system, including the decommissioning and restoration of the site after the solar system has ceased operating. In the event the anticipated operational life of the large-scale ground-mounted solar system is amended, then a revised acceptable form of surety is to be reviewed and recommended by the Planning Board and finally accepted by the Town Board and filed with the Town Clerk.

Planning Board review and recommendation to Town Board. The Planning Board shall review the applicant's proposed decommissioning plan and proposed form of surety finding that it guarantees for period inspections of (both annually and every third year) and reports upon the project during its useful life. In addition, the Planning Board shall determine that the accepted form of surety is to be used for the reclamation of a site upon its abandonment and decommissioning as provided for elsewhere in this chapter. The Planning Board, based upon its review of the proposed decommissioning plan and proposed form of surety, shall provide the Town Board with a report and recommendation of its findings and make recommendations on whether to accept said documents as submitted. The Planning Board, in making such determinations, shall have the right to employ technical and legal assistance at the applicant's expense.

Surety. The large-scale ground-mounted solar PV system owner and/or landowner shall keep on file with the Town Clerk's Office an approved surety that is to remain in effect throughout the life of the system and shall be in the form of an irrevocable acceptable form of surety or other form of surety acceptable to the Planning Board and approved by the Town Board. The irrevocable acceptable form of surety or other form of surety shall include an auto-extension provision to be issued by at least an A-rated institution solely for the benefit of the Town. The Town shall be entitled to draw upon the acceptable form of surety if the large-scale ground-mounted owner and/or landowner fails to commence or complete decommissioning activities within the time periods specified therein. No other parties, including the system owner or operator or landowner(s), shall have the ability to demand payment under the surety. Upon completion of decommissioning or restoration of the site, the system owner or operator or landowner may petition the Town Board to reduce or terminate the acceptable form of surety. In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of an acceptable financial surety with the Town Board at the time of transfer, and every three years thereafter, as provided for herein.

Surety purpose. The purpose of the surety is to provide for full cost of decommissioning and removal of the large-scale ground-mounted solar PV system in the event the system is not removed by the system owner and/or landowner.

Surety failure. In the event the surety fails for any reason, it shall be promptly replaced within 30 days of the lapse of the surety or else such failure may be found to constitute evidence of abandonment and noncompliance with special use permit conditions, warranting the commencement of enforcement procedures for abandonment of the large-scale ground-mounted solar PV system.

Town Board review and acceptance of decommissioning plan and form of surety. The Town Board, upon its receipt of the above-referenced Planning Board report and recommendation, shall consider said action(s) prior to taking formal action to adopt a decommissioning plan and accept a form of surety for the proposed large-scale groundmounted solar PV system. Once accepted, the decommissioning plan and surety shall be filed with the Town Clerk's Office within 30 days of the date of the Town Board resolution.

Surety reduction. Once a site has been restored and accepted by the Planning Board, then the surety amount could be reduced to an amount sufficient to deal with any issues that might arise during the follow-up two-year period of site monitoring to include, but not be limited to, reseeding, mulching, tackifier, etc.

Decommissioning and removal by Town. If the large-scale ground-mounted solar PV system owner and/or landowner fails to decommission and remove an abandoned system in accordance with the requirements of this chapter, the Town may enter upon the property to start the decommissioning process identified in the filed decommissioning plan and to oversee the removal of the system within six months of the date of decommissioning by the Town. Prior to entering upon the site, the Town shall request the identified utility provider to inspect the system and, if necessary, deenergize the system. The costs associated with this action shall be borne by the landowner. Failure to reimburse the Town for expenses incurred shall result in the cost being added to the property owner's real property tax bill for the coming year.

§ 165-84.3.10 Pre-construction meeting.

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

Prior to the Town Code Enforcement Officer (CEO) scheduling a pre-construction meeting, the final subdivision plat is to be recorded in the Office of the Ontario County Clerk and all signatures shall be affixed to final site plan drawings. Copies of said signed final site plan drawings shall be distributed to all Town departments and the Town Engineer's Office, and an approved letter of credit filed with the Town Clerk's Office, and the approved decommissioning plan is to be filed with the Town Clerk's Office and with the Ontario County Clerk's Office.

Prior to the start of site construction of an approved large-scale ground-mounted solar PV system, a pre-construction meeting shall be scheduled by the Town Code Enforcement Officer and conducted by Town staff and the Town Engineer. In addition to Town staff, the landowner, the applicant, the applicant's EM (when warranted), the applicant's engineer and a representative of the utility provider shall attend this preconstruction meeting. Finally, the approved minutes of said pre-construction meeting shall be filed with the Town Clerk's Office prior to the CEO issuing the order to proceed.

The final pre-construction meeting minutes shall serve to further regulate the site's development and ongoing operation of the large-scale ground-mounted solar PV system.

§ 165-84.3.11 Abandonment.

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

Applicability and purpose. This section governing abandonment shall apply to all large-scale ground-mounted solar PV systems with a rated capacity of 25 kW or more, hereinafter referred to as "large-scale ground-mounted solar PV systems," that are approved after the effective date of these regulations. It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Town of Farmington by requiring abandoned large-scale ground-mounted solar PV systems to be removed pursuant to a decommissioning plan that has been approved by the Town Board. The anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry where multiple solar companies have filed for bankruptey, closed, or been acquired, creates an environment for systems to be abandoned, thereby creating a negative visual impact upon the Town and, in certain instances, the loss of productive farmland soils necessary to sustain continued agricultural operations.

Abandonment. A large-scale ground-mounted solar PV system shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of one year, excluding forced reductions beyond the system operator's control. A large-scale ground-mounted solar PV system shall also be deemed abandoned if any of the conditions of approval for the special use permit, or final site plan approval, are determined to be not complied with by the Planning Board. Other determination(s) of abandonment by the Planning Board shall include, but are not limited to, termination or abandonment of utility interconnection agreement(s); failing to make periodic reports as required; or failing to maintain required surety. Finally, a large-scale groundmounted solar PV system also shall be deemed abandoned if, following the preconstruction meeting date, initial construction of the system has commenced and is not completed within 12 calendar months of issuance of the notice to proceed, or the first building permit for the project is issued.

Determination of abandonment. The Code Enforcement Officer (CEO) shall determine a large-scale ground-mounted solar PV system to be abandoned and shall notify the Town Board, the system owner(s), landowner(s) and permittee by certified mail upon a finding that:

(1)

The facility under construction has failed to complete construction and installation of the system within 12 calendar months from the date of the notice to proceed; or

(2)

In the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity and not caused by a forced reduction in production by the identified utility or other factors beyond the system operator's control; or

(3)

In the case of failure to restore operation of the facility to no less than 80% of rated capacity within 180 days within an established date of abandonment of the system; or

(4)

The system operator has failed to provide written annual reports as required elsewhere in this section of the Town Code.

The system owner, landowner(s) and permittee shall have 30 calendar days from the date of the signed receipt of the certified mail sent to any one of the identified parties to provide a written response to the CEO. Failure to respond within said 30 calendar days shall be deemed to be the established date of abandonment of the system.

Extension of time. The time at which a large-scale ground-mounted solar PV system shall be deemed abandoned may be extended by the Planning Board for one additional period of one year, provided the system owner presents to the Board a viable plan outlining the steps and schedule for placing the system in service or back in service within the time of the extension. An application for an extension of time shall be made to the Planning Board by the large-scale ground-mounted solar PV system operator prior to abandonment as defined herein. Extenuating circumstances as to why the largescale ground-mounted solar PV system has not been operating or why construction has not been completed may be considered by the Planning Board in determining whether to grant an extension. The Planning Board may schedule a public hearing upon such request to receive public testimony concerning matters relating to the project's delay in construction or operation.

Expiration of special use permit and site plan approvals. Upon the determination by the Planning Board that a large-scale ground-mounted solar PV system has been abandoned, both the special use permit and site plan approval granted by the Board shall be formally recalled and made null and void, except for the provisions of the approved decommissioning plan and surety guarantee on file.

Notification to Town Board along with request to commence decommissioning of the site. The Planning Board, upon revoking the special use permit and final site plan approvals, shall notify the Town Board of such action. The Town Board, upon receipt of this notification, may adopt a resolution to cause the removal and restoration of the site at the system owner's and/or landowner(s) expense as provided for in the decommissioning plan.

§ 165-84.3.12 Decommissioning process.

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

Decommissioning process. The decommissioning process for a large-scale ground-mounted solar PV system contains the following general steps provided for in the adopted decommissioning plan: determination of abandonment notice issued; deconstruction permit applied for and issued; physical decommissioning (i.e., dismantling and removal of the physical components of the solar facility); restoration of the land; and follow-up monitoring of the site for two years. Each of these phases shall be in accordance with the approved decommissioning plan on file.

System component(s) removal required. A large-scale ground-mounted solar PV system which has been abandoned shall be decommissioned and the physical site improvements removed and the site restored to its original state. The large-scale ground-mounted solar PV system owner and/or owner of the land upon which the system is located shall be held responsible to physically remove all components of the system within one year of abandonment. Removal of the large-scale ground-mounted solar PV system shall be in accordance with a decommissioning plan that follows the decommissioning process (the written plan) that has been approved by the Town Board.

Town implementation of the decommissioning plan. If after six calendar months of the date of the Town Board's determination of abandonment of the system the system owner or landowner fails to initiate any action to commence decommissioning of the site and/or remove any portion of the system's components, the Town Board shall give notice to the system owner and landowner that they have failed to address the Town Board's decision and that the Town is commencing the abandonment process and will be using funds from the surety to implement the adopted decommissioning plan.

Removal by Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to address abandonment issues and/or decommission and removal of a large-scale ground-mounted solar PV system, and restore the associated land, including legal costs and expenses, shall be reimbursed from the surety posted by the system owner or landowner as provided elsewhere in this section. Any costs incurred by the Town for decommissioning, removal and restoration that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon and shall be enforced and collected, with interest, by the same officer and in the same manner, by the same proceedings, at the same time and the penalties as are provided by law for the collection and enforcement of real property taxes in the Town. This provision does not restrict the Town from proceeding against the responsible parties to collect monies owed by other means, such as by enforcement of a decommissioning plan or other agreement.

Decommissioning of a large-scale ground-mounted solar PV system shall consist of:

(1)

Physical removal of all aboveground and below-ground equipment, structures and foundations, including but not limited to all solar arrays and support structures, buildings, security fence and other site-related fence, electric transmission lines and components, roadways, and other physical improvements to the site.

(2)

Disposal of all solid waste in accordance with local, state, and federal waste disposal regulations. A record of where said solid waste was taken to shall be filed with the Town Clerk's Office within 30 days of removal from the site.

(3)

Restoration of the ground surface and soils in accordance with the criteria established herein and acceptance documented by the Ontario County Soil and Water Conservation District and the State Department of Agriculture and Markets.

(4)

Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) as documented by the EM and approved by the Town Engineers and the Town's MS 4 Officer as accepted practices to minimize site erosion.

Landowner's requested exemption(s). Upon petition to the Town Board, the Board may permit the system owner to leave certain underground or aboveground site improvements in place, provided the landowner can show that such improvements are part of a plan to use or redevelop the site; not detrimental to such redevelopment for other permitted or special permitted uses; and do not adversely affect community character or the environment.

§ 165-84.4 Agricultural/construction equipment repairs and painting operations.

[Added 3-22-2022 by L.L. No. 3-2022]

Agricultural/construction equipment repairs and painting operations may be allowed as a special permit use in the A-80 Agricultural, the RR-80 Rural Residential, LI Limited Industrial and GI General Industrial Districts, and subject further to the following criteria contained below in this section.

No site preparation or construction shall commence, nor shall existing structure(s) be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

An application for a special use permit for the operation, enlargement or alteration of an agricultural/construction equipment repairs and painting operation shall contain the following:

(1)

Name of the applicant, the landowner, and the address of the proposed agricultural/construction equipment repairs and painting operation; and

(2)

A complete Part 1, Short Environmental Assessment Form (SEAF); and

(3)

A preliminary site plan prepared in accordance with the provisions of § 165-100 of the Town Code; and

(4)

Payment for the special use permit and preliminary site plan as established by the Town Board in the Annual Fee Schedule.

Agricultural/construction equipment repairs or the painting of such equipment shall be provided to customers only and shall not be sold to the general public from the site.

All agricultural/construction equipment repairs and painting operations are to be performed within an enclosed facility located within the rear yard portion of the lot or parcel.

Only equipment that is under contract for agricultural/construction equipment repairs and/or painting operations may be stored outdoors on the site and shall be located within a bermed and/or landscaped area that is buffered from view from adjacent residential property(ies) or from along adjacent public highways.

All agricultural/construction equipment repairs and painting operations are classified as an accessory use which are subject further to being located on the same lot or parcel as a principal permitted use within the respective zoning district and the property has been determined by Town Code Officials to be maintained in a good safe condition by the property owner(s).

The minimum lot or parcel size required for issuing a special permit use for an agricultural/construction equipment repairs and painting operation on land located within the A-80 or RR-80 District shall be five acres.

The minimum lot or parcel size required for issuing a special permit use for an agricultural/construction equipment repairs and painting operation on land located within the LI or GI District shall be the minimum lot size required for said district.

The lot coverage for agricultural/construction equipment repairs and painting operation(s) shall not occupy more than 50% of the total area of the lot or parcel.

The design of an existing or proposed driveway that is to provide access to/from the site of an agricultural/construction equipment repairs and painting operation shall first be approved by the respective highway governing official and shall be maintained as approved.

All equipment associated with the agricultural/construction equipment repairs and/or painting operations shall be located within a berm and/or landscaped area that is buffered from view from adjacent residential property(ies) or from along adjacent public highways. No vehicles and or agricultural/construction equipment stored anywhere on the property shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved building.

All petroleum-based materials used in conjunction with a special use permit that is issued for an agricultural/construction equipment repairs and painting operation shall be stored in containers approved by the Town Fire Marshal.

To the extent practicable, all existing structures used in conjunction with an approved agricultural/construction equipment repairs and painting operation shall be located within either a retrofitted agricultural building or a new building designed in the character of other adjacent agricultural buildings in the area.

All agricultural/construction equipment repairs and painting operation sites shall have a dust-free driveway and storage surface.

All agricultural/construction equipment repairs and painting operation sites shall have security lighting that follows the Town's dark sky lighting regulations contained in § 165-64 of the Town Code.

All agricultural/construction equipment repairs and painting operation sites shall be maintained free of litter and debris.

All agricultural/construction equipment repairs and painting operation sites shall provide on-site driveway circulation designed to accommodate access throughout by emergency vehicles.

All on-site vehicle parking for employees or customers shall be located within the rear or side yard portion of the site, and the total number of spaces provided shall not exceed 10, which are to be designed in accordance with the provisions contained in § 165-37 of the Town Code.

All agricultural/construction equipment repairs and painting operation(s) sites shall have an enclosed dumpster that is located in the rear yard portion of the site and is placed upon a concrete surface.