Farmington Town City Zoning Code

General or specialized farming, truck gardening, greenhouses, nurseries and fowl raising, provided that no killing shall be done on the farm other than of animals raised on the farm for the use of the farm residents, and provided further that on land devoted to the housing or breeding of horses, cattle, swine, poultry, sheep, goats, dogs or cats, the kennels or shelters for such animals shall not be closer than 100 feet to all lot lines other than other front lot lines. The storage of manure or other odor- or dust-producing materials shall not be closer than 100 feet to any lot line.

Boarding of animals, excluding the renting or leasing of animals and kennels.

Single-family detached dwellings.

Farm labor housing not exceeding three dwelling units.

Riding academies.[1]

Customary farm buildings and uses.

Roadside stands for the sale of seasonal agricultural products, some portion of which is to be grown by the operator, are allowed as accessory uses. Each roadside stand shall have a suitable off-street parking area, located at least 10 feet from the highway right-of-way, provided for the use of customers. Upon the close of the seasonal sales of the agricultural products, the roadside stand, and all commercial speech signage, shall be removed from along the highway right-of-way. Temporary promotional display signs, both on-site and off-site, may be permitted, subject further to the provisions contained in § 165-47B and C of this chapter.

Private garages.

Customary residential storage structures, subject to the provisions of § 165-58 of this chapter.

Private swimming pools, subject to the provisions of § 165-62 of this chapter.

Signs, subject to the provisions of § 165-38 of this chapter.

Fences, subject to the provisions of § 165-61 of this chapter.

Off-street parking and loading, subject to the provisions of § 165-37 of this chapter.

Domestic pet shelters, subject to the provisions of § 165-55 of this chapter.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Minor home occupations.

Outdoor wood boilers, subject further to compliance with § 165-65.1 of the Farmington Town Code.

Kennels.

Major home occupations.

Public buildings and grounds.

Essential service structures, excluding power plants.

Airports.

Excavation operations.

Large-scale ground-mounted solar PV systems.

Agricultural/construction equipment repairs and painting operations.

The minimum lot width shall be 300 feet.

The minimum lot depth shall be 250 feet.

The minimum lot requirements in this § 165-18E shall not apply upon lands which will allow a standard New York State Department of Health designed septic system. Upon such lands, the dimensional requirements shall be as follows:

In lands which will not allow a standard New York State Department of Health designed septic system, a raised or modified septic system must be utilized in accordance with the following provisions:

General or specialized farming, truck gardening, greenhouses, nurseries and fowl raising, provided that no killing shall be done on the farm other than of animals raised on the farm for the use of the farm residents, and provided further that on land devoted to the housing or breeding of horses, cattle, swine, poultry, sheep, goats, dogs or cats, the kennels or shelters for such animals shall not be closer than 200 feet to any lot line.

Boarding of animals, excluding the renting or leasing of animals and kennels.

Single-family detached dwellings.

Farm labor housing not exceeding three dwelling units.

Accessory uses permitted in the A-80 District.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Special permit uses allowed in the A-80 District.

The minimum lot width shall be 300 feet.

The minimum lot depth shall be 250 feet.

The minimum lot requirements in this § 165-19E shall not apply upon lands which will allow a standard New York State Department of Health designed septic system. Upon such lands, the dimensional requirements shall be as follows:

In lands which will not allow a standard New York State Department of Health designed septic system, a raised or modified septic system must be utilized in accordance with the following provisions:

Single-family detached dwellings.

General or specialized crop farming, excluding the breeding and raising of animals. The storage of odor-or dust-producing materials shall not be closer than 200 feet to any lot line.

Accessory uses permitted in the A-80 District, except for outdoor wood boilers.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Major home occupations.

Public buildings and grounds, excluding those uses described in Subsections E, G, H and I in the definition of "public building" contained in § 165-10 of this chapter.

Essential services and structures, excluding power plants, maintenance yards, storage yards and personal wireless telecommunications facilities.

Cemeteries.

On-site-use wind energy systems.

Single-family detached dwellings with attached or detached private garages.

Dwellings for two or more families, apartments and apartment houses with attached or detached private garages.

Neighborhood shopping facilities consisting of retail sales and service businesses, provided that site plan approval is also required for each change in the type or location of such businesses, structural change of the exterior of the business premises or enlargement of the business premises or area in which the business is conducted.

Accessory uses permitted in the R-1-15 District.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Special permit uses allowed in the R-1-15 District.

The minimum width of lot for a single-family dwelling shall be 60 feet, and the minimum area shall be 7,200 square feet.

Corner lots for single-family dwellings shall have a minimum width of 80 feet and minimum area of 8,000 square feet.

The minimum width of lot for a two-family dwelling or two-family apartment building shall be 80 feet, and the minimum area shall be 9,600 square feet.

Corner lots for two-family dwellings or two-family apartment buildings shall have a minimum width of 90 feet and minimum area of 10,800 square feet.

There shall be no minimum area of lot for an apartment house or dwelling for three or more families.

The minimum habitable floor area of main structure for one-family dwelling units shall be:

The minimum habitable area of main structure for a two-family dwelling shall be:

The minimum unit sizes for an apartment house or dwelling for three or more families shall be 912 square feet for each apartment or dwelling unit therein, exclusive of additional building area required for common uses of the tenants, such as lobbies, corridors, stairways, elevator shafts and storage space or for other building area essential and incidental to the overall primary use.

The minimum front setback for a single-family dwelling shall be 35 feet, except that the minimum yard setback may be 25 feet for not more than 25% of all single-family dwellings and 30 feet for another 25% of all single-family dwellings. The minimum front setback for all corner lots shall be 35 feet from each street or highway. The minimum side setback shall be 7 1/2 feet, but the total minimum side setback shall be 15 feet for each dwelling. The minimum rear setback shall be 30 feet.

The minimum front setback for a two-family dwelling or two-family apartment building shall be 35 feet from each street or highway. The minimum side setback shall be 7 1/2 feet, but the total minimum side setback shall be 15 feet for each building. The minimum rear setback shall be 30 feet.

The minimum front setback for an apartment house or dwelling for three or more families shall be 35 feet. The minimum front setback for all corner lots shall be 35 feet from each street or highway. The minimum side setback shall be 7 1/2 feet, but the total minimum side setback shall be 15 feet for each building. The rear setback shall be 30 feet.

The end walls of apartment houses and dwellings for three or more families shall be not closer to another dwelling than the height of the taller building as measured from the elevation of the average finished grade to the eave line.

The minimum space between the front or rear wall of an apartment house or dwelling for three or more families and another dwelling shall be two times the height of the tallest building or 50 feet, whichever is greater.

For single-family dwellings, dwellings for two or more families, apartments and apartment houses: one garage space and 1 1/2 off-street parking spaces meeting the requirements of § 165-37 herein, except the Planning Board may permit such spaces to be located within the front and side yard setbacks.

For neighborhood shopping facilities: the number of off-street parking spaces and off-street loading and unloading spaces as required in § 165-37 herein, which spaces shall comply with the provisions of that section, except that the Planning Board may permit such spaces to be located within the front and side yard setbacks.

The following minimum areas of open space, exclusive of streets, highways, parking spaces, off-street loading and unloading spaces, building area, front yards, side yards and rear yards, shall be provided:

The area, location, designation as open space and statement of intended use shall be set forth on the subdivision plat as to each open space area.

The location of and access to open spaces shall be reasonably convenient to all residents of the subdivision.

Open spaces shall be suitably developed and maintained for the purposes designated on the subdivision plat. The Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of open spaces as it deems necessary to assure the preservation of such open spaces for their intended purposes.

Single-family detached dwellings.

Private garages.

Customary residential storage structures, subject to the provisions of § 165-58 of this chapter.

Private swimming pools, subject to the provisions of § 165-62 of this chapter.

Signs, subject to the provisions of § 165-38 of this chapter.

Fences, subject to the provisions of § 165-61 of this chapter.

Off-street parking and loading, subject to the provisions of § 165-37 of this chapter.

Domestic pet shelters, subject to the provisions of § 165-55 of this chapter.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Minor home occupations.

Special permit uses allowed in the RS-25 District, except for on-site-use wind energy systems which shall not be a specially permitted use in this district.

Principal uses permitted in the R-1-15 District.

Accessory uses permitted in the R-1-15 District.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Special permit uses allowed in the RS-25 District, except for on-site-use wind energy systems which shall not be a specially permitted use in this district.

Two-family detached dwellings.

Principal uses permitted in the R-1-15 District.

Accessory uses permitted in the R-1-15 District.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Special permit uses allowed in the RS-25 District, except for on-site-use wind energy systems which shall not be a specially permitted use in this district.

Rooming and lodging houses.

Multiple-family dwellings, subject to provisions contained in § 165-79 of this chapter.

Two-family detached dwellings.

Principal uses permitted in the R-1-15 District.

Accessory uses permitted in the R-1-15 District.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Major home occupations.

Public buildings.

Essential services and structures, excluding power plants, maintenance yards, storage yards and personal wireless telecommunications facilities.

Cemeteries.

Rooming and lodging houses.

Mobile home parks.

Business, professional and executive offices, including but not limited to offices for attorneys, architects, engineers, surveyors and accountants, real estate and insurance agents and salespersons, but not including retail sales, manufacturing or servicing of merchandise of any kind on the premises.

Uses for the treatment and care of human beings, including but not limited to medical and dental offices and clinics for physicians, osteopaths, dentists, chiropractors, chiropodists, podiatrists, opticians, optometrists and ophthalmologists, all excluding any overnight occupancy or overnight care.

Banks and lending institutions.

Employment agencies.

Artists of performing arts studio, photography studio, excluding the sale or rental of photographic supplies or equipment.

Public or private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA.

Barbershops, beauty shops, hair salons and other personal service shops or uses.

Public buildings and grounds.

Similar uses to those listed above, which do not involve retail sales or services, may be permitted subject to special use permit approval by the Town Planning Board and a finding by the Board that such use is of the same general character as those permitted in this district and that such use, if permitted, will not cause adverse impacts or be detrimental to other uses within the district or to adjoining land uses.

Banks are permitted to have drive-in tellers if at least 10 reservoir spaces are provided for each drive-in teller's window.

A restaurant, newsstand, pharmacy or accessory storage area incidental to a permitted principal use, but only when conducted and entered from within the building, and provided that no exterior display or advertising, other than permitted signage, is made of such use.

Off-street parking and loading areas, subject to the provisions of § 165-37 of this chapter.

Signs, subject to the provisions of § 165-38 of this chapter.

Residential uses within a structure in combination with other permitted uses, provided that such residential uses are accessory to the business conducted and are located elsewhere than on the street frontage of the ground floor and have a minimum area as required under § 165-79F.

Fences, subject to the provisions of § 165-61 of this chapter.

Swimming pools, subject further to the provisions of § 165-62 of this chapter.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Essential services and structures, excluding power plants, maintenance yards, storage yards and personal wireless telecommunications facilities.

Hotels and motels.

Nursery schools or day-care centers or similar uses.

Hospitals, nursing homes, proprietary homes, health clinics or similar uses.

In order to prevent strip-type development, to produce more harmonious appearance and to promote public safety by reducing access cuts to and from public highways, all development must take place in areas which have a minimum frontage on public highways of 400 feet and a minimum size of 10 acres. Ownership need not be in one owner, but adjacent owners similarly zoned may apply jointly if their aggregate holdings meet those requirements and agree to a coordinated development plan. Individual lots may be used within a development area. Adjacent property owners will be required to give mutual easements for vehicular traffic across their properties to permit vehicles to get to limited points of access to and from public highways.

Accessways to control ingress and egress of motor vehicles shall be regulated as required in § 165-50.

Landscaping and buffering shall be provided in accordance with the requirements of § 165-60 of this chapter.

No business structure shall be permitted within 50 feet of the nearest boundary line of any residential district.

All utilities serving business uses in this district shall be placed underground.

The design of structures must be of uniform architectural style and treatment. Signs should be of a uniform style in both lettering and design. Clear, legible directional signing is encouraged.

Bakery, confectionery, delicatessen and the like, provided that products prepared or processed on the premises shall be sold only at retail and only at the premises.

Barbershops, beauty shops, hair salons and other personal service shops or uses.

Drugstore, newsstand and tobacco shop.

Restaurants, except fast-food, drive-in and those serving liquor.

Boutiques and specialty retail shops, including but not limited to bookstores, florists, card or gift shops, candy stores, secondhand-clothing stores, stationery stores and arts and crafts stores.

Grocery, meat market, fish market, specialty food stores and convenience-type food stores.

Laundry and dry-cleaning establishments, including self-service.

Liquor stores, package only.

Custom dressmaking, millinery, hemstitching, pleating, weaving or mending services, shoe repair and tailor shops.

Banks and lending institutions.

Similar uses to those listed above may be permitted subject to special use permit approval by the Town Planning Board and a finding by the Board that such use is of the same general character as those permitted in this district and that such use, if permitted, will not cause adverse impacts or be detrimental to other uses within the district or to adjoining land uses.

Detached single-family dwellings.

Off-street parking and loading area, subject to the provisions of § 165-37 of this chapter.

Signs, subject to the provisions of § 165-38 of this chapter.

Residential uses within a structure in combination with other permitted uses, provided that such residential uses are accessory to the business conducted and are located elsewhere than on the street frontage of the ground floor and have a minimum area as required under § 165-79F.

Fences, subject to the provisions of § 165-61 of this chapter.

Banks are permitted to have drive-in tellers if at least five reservoir spaces are provided for each drive-in teller's window.

Swimming pools, subject further to the provisions of § 165-62 of this chapter.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Public buildings and grounds.

Uses for the treatment and care of human beings, including but not limited to medical and dental offices and clinics for physicians, osteopaths, dentists, chiropractors, chiropodists, podiatrists, opticians, optometrists and ophthalmologists, all excluding any overnight occupancy or overnight care.

Essential services and structures, excluding power plants, maintenance yards, storage yards and personal wireless telecommunications facilities.

Business, professional and executive offices, including but not limited to offices for attorneys, architects, engineers, surveyors and accountants, real estate and insurance agents and salespersons.

Private nursery schools or day-care centers or similar uses.

Principal uses permitted in RB and NB Districts, except public buildings.

Retail sales, including but not limited to department and discount stores, drugstores and pharmacies, clothing and shoe stores, hardware stores, furniture and home appliance stores, photographic and video sales and rental stores, excluding uses regulated elsewhere in this section as special permit uses.

Commercial schools, such as barber, beauty, art or dancing schools, and driver training schools.

Furniture repair shops and upholstery shops.

Restaurants, except fast-food and drive-in, provided that no adult entertainment will be permitted.

A group of businesses and commercial enterprises, limited industrial and professional activities located within a commercial plaza setting, excluding uses that would have tractor trailers parked at loading docks for an extended period of time, uses where over 65% of a building is used for warehousing of a product that is not produced on the site, uses that would generate loud noises, smoke or objectionable odors, and uses that would not involve any outdoor storage of materials or project.

Accessory uses permitted in the RB and NB Districts.

Manufacturing, servicing and repair activities which are clearly incidental to the retail or service activity conducted on the premises may be permitted, provided that such activity produces no offensive odors, noise, vibration, heat, glare or dust.

Vending machines, only when located wholly within the main building, except that public telephones and newspaper vending machines may be located outside a building.

Outdoor display and storage on the same parcel of land as a principal use situated in a permanent structure, provided that said storage is in accordance with the requirements of § 165-45 of this chapter.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Special permit uses allowed in the RB and NB Districts.

Motor vehicle service stations, self-service gasoline stations and motor vehicle repair work of any kind.

Motion-picture theaters, theaters and auditoriums for the performing arts, roller-skating rinks, miniature golf courses, practice driving ranges, golf courses, bowling alleys, tennis or racquetball clubs, health clubs, pool halls and video game arcades.

New or used motor vehicle, motorcycle, all-terrain vehicle, snowmobile sales or recreational vehicles.

Public garages.

Boat and marine sales.

Laundry and dry-cleaning plants.

Farm implement dealers.

The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a suitable solid fence or wall:

Car washes, provided that no entrance or exit drive shall be located within 100 feet of any street intersection, and provided that there are at least 15 reservoir spaces as defined herein for the first washrack or washlane and 10 reservoir spaces for each additional washrack or washlane, with a maximum number of reservoir spaces needed not to exceed 40 spaces.

Mobile home sales, service and repair establishments and prefabricated home sales or model home sales separate from the development site.

Fast-food and drive-in restaurants.

Commercial greenhouse or plant nursery or similar commercial agricultural uses.

Rentals of automobiles, trucks, trailers or other vehicles.

Mini-warehouse structures, subject further to the provisions of § 165-84.1 of this chapter.

Shopping plazas and shopping malls.

Essential services and structures, excluding power plants, maintenance yards, storage yards and including personal wireless telecommunications facilities.

On-site-use wind energy systems.

Large-scale ground-mounted solar PV systems.

Warehouses for enclosed storage of goods and materials, distribution centers, wholesale businesses, excluding the bulk storage of fuel and other flammable liquids or gases.

Research and development laboratories.

Administrative, banking, professional or executive offices.

Essential services, excluding power plants.

Agricultural operations.

Stables.

Health care facility.

Banks are permitted to have drive-in tellers if at least 10 reservoir spaces are provided for each drive-in teller's window.

A restaurant, newsstand, barbershop, hairdresser or other incidental personal service in connection with a permitted use, but only when conducted and entered from within the building, provided that no exterior display or advertising shall be made of such use.

Off-street parking and loading areas, subject to the provisions of § 165-37 of this chapter.

Signs, subject to the provisions of § 165-38 of this chapter.

Fences, subject to the provisions of § 165-61 of this chapter.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Restaurants, including fast-food and drive-in.

Airports.

Hotels and motels.

Motor vehicle service stations.

Public buildings and grounds.[1]

Assembly and fabrication operations, provided that such uses are conducted entirely in an enclosed building and will not produce smoke, noise, vibration, glare, dust or any other similar emission which may be detectable beyond the property limits of such operations.

A residence for a caretaker of a horse stable for not fewer than 10 horses to be kept on the premises.

Essential services and structures, excluding power plants, maintenance yards, storage yards and including personal wireless telecommunications facilities.

Outdoor storage of materials used in conjunction with a permitted use occurring on the premises as further regulated under § 165-83 of this chapter.

Excavation operations as further regulated under § 165-71 of this chapter.

Mini-warehouse structures, subject further to the provisions of § 165-84.1 of this chapter.

On-site-use wind energy systems.

Large-scale ground-mounted solar PV systems.

Agricultural/construction equipment repairs and painting operations.

Additional provisions and requirements applicable in RB Districts shall apply in LI Districts.

No industrial structure shall be permitted within 100 feet of the nearest boundary line of any residential district.

All utilities serving industries in this district shall be placed underground.

Residential uses are prohibited.

All processes shall take place within an enclosed building. Incidental storage out-of-doors shall be shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.

Any vibration, odor, glare, heat or noises resulting from operations shall not be evident beyond the property line.

Operations shall not result in the dissemination of smoke, dust, chemicals or odors into the air to such a degree as to be detrimental to the health, welfare and safety of the residents of the surrounding areas.

Principal uses permitted in the LI District.

Production and assembly operations, provided that such uses are conducted entirely within an enclosed building and will not produce smoke, noise, vibration, glare, dust or any other similar emission which may be detectable beyond the property limits of such operation.

Agricultural operations.

Stables.

Contractors' storage yards.

Accessory uses permitted in the LI District are permitted accessory uses in the GI District.

Public donation bins, subject to the provisions of § 165-65.2B of this chapter.

Restaurants, including drive-in and fast-food.

Airports.

Hotels and motels.

Motor vehicle repair stations and/or motor vehicle service stations.

Trucking terminals.

Excavation operations.

Junkyards.

Adult use entertainment establishments as further regulated elsewhere in this chapter.

Essential services and structures, excluding power plants, maintenance yards, storage yards and personal wireless telecommunications facilities.

Outdoor storage of materials used in conjunction with a permitted use occurring on the premises as further regulated under § 165-83 of this chapter.

Mini-warehouse structures, subject further to the provisions of § 165-84.1 of this chapter.

On-site-use wind energy systems.

Agricultural/construction equipment repairs and painting operations.

Those additional provisions and requirements applicable in the LI District are applicable in the GI District.

Within districts now existing or which may hereafter be created, it is intended to permit establishment of new PD Planned Development Districts for specialized purposes where tracts of land suitable in location, area and character for the uses and structures proposed are to be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined by reference to the Comprehensive Plan and the existing and prospective character of surrounding development.

PD Districts shall be so related to the general development pattern and the objectives of the Comprehensive Plan as to provide for comfort and convenience of occupants, facilitate protection of the character of surrounding neighborhoods and reduce automotive traffic congestion. Within PD Districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are designed to control unscheduled development on individual lots, and to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design and a better environment.

Relation to major transportation facilities. PD Districts shall be so located in relation to expressways, arterial and collector streets and shall be so designed as to provide direct access without creating traffic along minor streets in residential neighborhoods outside the district.

Relation to public utilities, facilities and services.

Physical character of the site; relation to surrounding property. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, subsidence or slipping of the soil or other dangers, annoyances or inconveniences. Condition of soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. If appropriate to the form of planned development, lands to be included in PD Districts may be divided by streets, alleys, rights-of-way or easements, waterways or other separation, but shall be so located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas.

Applications; materials to be submitted. Applications for PD amendments shall be submitted as for other amendments. Materials submitted with the application or on subsequent request shall include all plans, maps, studies and reports that may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. In particular, the following shall be required:

Preliminary review of application. On receipt of the application and preliminary concept plan and proposals as indicated above, the Planning Board and other agencies and officials, as appropriate in the circumstances of the case, shall study the proposal to determine conformity with the Comprehensive Plan, zoning and other regulations applicable in the case.

Preliminary conferences with applicants.

Planning Board recommendations.

Action by the Town Board.

Planning Board action on approval of final plans.

Expiration of time limits on PD amendments.

Private garages.

Customary residential storage structures, subject to the provisions of § 165-58 of this chapter.

Private swimming pools, subject to the provisions of § 165-62 of this chapter.

Signs, subject to the provisions of § 165-38 of this chapter.

Fences, subject to the provisions of § 165-61 of this chapter.

Off-street parking and loading, subject to the provisions of § 165-37 of this chapter.

Domestic pet shelters, subject to the provisions of § 165-55 of this chapter.

Minor home occupations.

Major home occupations.

WEFD Wind Energy Farm Districts are to be created only on properties that are zoned A-80 Agricultural District or RR-80 Rural/Residential District and upon the applicant obtaining site plan approval from the Town Planning Board for the wind energy farm system; and

Wind energy farms should not be located on property within 500 feet of the Town's municipal boundary line. In addition, wind energy farms should not be located on property located west of County Road 8.

No wind energy farm site shall be established unless there is documentation that the proposed wind energy farm system is to be connected to the commercial electrical utility grid for the purpose of generating and selling electric power for off-site use. The applicant for rezoning and site plan approval shall produce a certificate of need for the proposed wind energy farm system from the New York State Public Service Commission. No action shall be taken to approve a wind energy farm site without such documentation. The electrical energy created on a wind energy farm is not intended to be used primarily for consumption on the premises.

No building permit may be issued for the construction of a wind energy farm until the Town Board has approved a rezoning, the Town Planning Board has approved a site plan and the Town Clerk has certified that the Official Zoning Map has been amended accordingly.

All applications for rezoning, site plan approval and building permits shall be accompanied by fees as determined by the Town Board and contained within the Town's Fee Schedule.[2]

Each wind energy farm site shall be subject to compliance with the approved Wind Energy Farm District zoning resolution and site plan resolution. Any physical modification to an existing and permitted wind energy farm site that alters the size, type and number of wind turbines, buildings, electrical substation or stations, roads or other approved site development matters shall require a permit modification in accordance with the provisions of this chapter.

The applicant, as part of any application for WEFD Wind Energy Farm District rezoning 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 wind energy farm 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 from the site the unused wind farm energy system, including turbines, buildings, cabling, electrical components, roads, foundations to a depth of 42 inches and any other accessory structures, within one year of the discontinuance. All removed material shall be disposed of in a manner approved by the Town Code Enforcement Officer. 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 for its acceptance. The Town Board shall review each decommissioning bond after the first year of operation to determine if any changes are warranted and then every fifth year thereafter. Should the Town Board determine a change is warranted in an existing decommissioning bond, the applicant shall have 30 days from the date of such determination to change the bond or the Town Code Enforcement Officer shall be directed to cite the applicant with a violation to these provisions.

The wind energy farm 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.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance 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 R(1) above, the landowner shall have an additional 30 days to complete decommissioning.

If neither the facility owner or operator nor the landowner completes decommissioning within the periods prescribed in Subsections R(1) and (7), 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.

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.

The property lines of any adult use entertainment establishment must be at least 500 feet from the boundary line of any adjacent municipality; and at least 500 feet from the boundary line of any other adult use entertainment establishment.

The property lines of any adult use entertainment establishment must be at least 500 feet from the property line of any and all residences or residentially zoned land, schools, day-care facilities, churches (or other religious places of worship), parks, playgrounds, open space or recreation areas where large numbers of minors may congregate, or governmental facilities.

No adult use entertainment establishment shall be allowed on the same parcel with another such establishment or within 500 feet of another parcel having an adult use entertainment establishment.

Each adult use entertainment establishment shall have direct access to a public street or highway.

Each Adult Use Entertainment Establishment Overlay Zone shall be in effect only for the time limits established by the Planning Board for such use as a condition of any special use permit that may be issued by said Planning Board. Upon the termination of such special use permit, the Town Board shall commence action within 30 days to amend the Official Zoning Map by eliminating the specified AUO District delineation.

A parcel location map and boundary line survey of the property.

The portion of the parcel proposed to be developed for the adult use entertainment establishment.

An area location map identifying the locations of all uses specified in Subsection F above.

The location of all existing or proposed buildings, site access, off-street parking, signage, site lighting, landscaping, drainage and other features as may be required for the applicant to obtain site plan approval from the Planning Board.

A completed environmental assessment form.

Adult theaters and adult motion-picture theaters are prohibited.

All other adult use entertainment establishments as defined herein may be created, opened, commenced or operated within only GI General Industrial Districts upon the Town Board rezoning and mapping of said site to the AUO District Overlay and subject further to the requirements set forth in Chapter 165 of the Code.

To restrict and control site access for those parcels of land located along those portions of State Routes 96 and 332, and County Roads 8 and 41, that are located within the MTOD Major Thoroughfare Overlay District and the MSOD Main Street Overlay District, as shown on the Town of Farmington Official Zoning Map. The Official MTOD Major Thoroughfare Overlay District and the MSOD Main Street Overlay District are hereby adopted in order to protect the major commitment of public funds that were used to design, construct and maintain the efficiency and safety of these major highways; to prevent the interference of uncontrolled traffic movements entering and exiting sites with the movement of traffic along these heavily traveled major highways by establishing minimum driveway spacing standards; to prevent the creation of potentially significant traffic congestion problems; to minimize vehicular and pedestrian conflict areas upon sites shown upon the drawings that comprise the Town of Farmington Official Major Thoroughfare Overlay District Map and the Town of Farmington NYS Route 96 Corridor Study, Town of Farmington, Ontario County, New York, Streetscape Standards Study Corridor Map, Appendix B of the adopted Town of Farmington Streetscape Design Guidelines Route 96 Corridor Plan. The Official Major Thoroughfare Overlay District Map is designed to identify the appropriate spacing for signalized intersections, both existing and proposed, that will maintain the flows of the heavy volumes of traffic along these major highways. The Town of Farmington Official Map is also designed to permit appropriate commercial, industrial, business and residential uses along these major highways to be compliant with an officially adopted highway map which is entitled "Official Major Thoroughfare Overlay District Map, Town of Farmington, Ontario County, New York." Said Official Map may be amended from time to time based upon a coordinated review with state, county, and Town highway officials, a County Planning Board referral and recommendation, public hearing and adoption by the Town Board of a local law amending said Official Map.

The regulations contained within this Major Thoroughfare Overlay District are not intended to be substituted for other general zoning district provisions but can be superimposed over such district provisions and should be considered as additional requirements to be met by the applicant or developer, prior to final project approval. This Major Thoroughfare Overlay District is intended to provide the Town of Farmington with an additional level of review and regulation that will control how land development permitted by the Town's primary zoning districts will take access to and will impact the major transportation routes within the Town.

Side yard: 30 feet.

Setback from an access road: 50 feet.

Setback from State Route 96, County Road 8 and County Road 41: 70 feet; and setback from State Route 332: 100 feet.

Regulations applicable to all zoning districts within the MTOD Overlay District:

Spacing standards. Regulations relate to the required separation, location and standards for driveways providing access to and from roads listed in the MTOD Overlay District. Each driveway constructed within the MTOD shall comply with the following:

Corner clearance.

Driveway location.

Driveway design.

Driveway movements.

Changes in access.

Medians.

For purposes of this section, large developments shall include residential developments and mixed-use subdivisions whose combined trip generation from all lots exceeds 150 peak hour trips; commercial, retail and industrial developments whose trip generation exceeds 300 peak hour trips; and any use which will, in the opinion of a qualified traffic engineer, detrimentally impact the safe and efficient movement of traffic along public roads.

Large developments may be required to mitigate the traffic impacts of their development. Required mitigation may include but is not limited to the construction of traffic signals, turning lanes, medians, combined and shared driveways, internal service or access roads and implementation of public transit improvements and/or traffic demand management strategies. This requirement may be waived with:

Required mitigation will be identified through a SEQRA review or transportation impact study.

Planned access shall be provided for lots which are the result of subdivisions occurring after the effective date of this section.

Planned access shall address the provisions of this section and the following:

Shared driveways, cross-access driveways, interconnected parking and private roads constructed to provide access to lots internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities should be recorded with the deed.

There are site improvements to ensure the safe and efficient movement of traffic along a road and between the road and properties abutting the road which include, but are not limited to, shared driveways, cross-access driveways, access and service roads, effective internal circulation systems, interconnected parking, separate vehicular and pedestrian systems, bike lanes and public transportation defined areas.

The Town Board, based upon a Town Planning Board recommendation which is first based upon an application for approval of a preliminary site development plan, or preliminary subdivision plat, may grant adjustments to the permissible density, area, height or open space otherwise required in the zoning district; and as further determined to be in compliance with the provisions in § 165-34.1 of this chapter.

The Town Board, in considering such incentives, may also consider accepting a cash payment in lieu of amenity to be used to pay for any off-site transportation-related improvements within the mapped MTOD Major Thoroughfare Overlay District area, to include, but not limited to, installation of sidewalks, delineation of bike lanes, installation of public transportation facilities, including pedestrian signals and crosswalks, and streetscape improvements such as those identified in Appendix B of the adopted Town of Farmington Streetscape Design Guidelines Route 96 Corridor Plan.

In addition to the standards and criteria for development set forth elsewhere in the Town of Farmington Code, the Town Board hereby enacts the following additional standards for the granting of variances associated with development within the MTOD Overlay District:

Additional provisions and requirements.

To protect highly valued ecological resources, geological features and environmentally sensitive areas;

To protect active farmland operations;

To preserve greenways and important open spaces, including access to the Auburn Bikeway and Hiking Trail;

To preserve historic and/or archaeological resources;

To protect high-quality scenic resources;

To secure important public works improvements which would not otherwise be provided to planned development areas of the community and which are in excess of that necessitated by immediate project demand; and

To provide a more desirable environment than what would be possible through the strict application of existing zoning regulations.

Increase in dwelling unit density for a site.

Changes in lot area and dimensional requirements.

Changes of use.

Agricultural conservation, open space, scenic, ecological, historic or other permanent conservation easements.

Donation of land in fee simple for either conservation or other community benefit purposes.

Construction of recreation amenities, serving a Town-wide need, accessible to the general public, above and beyond that required elsewhere in the Town Code.

Construction or improvement to public works facilities, which are above and beyond that required to mitigate proposed impacts in accordance with the Town Code and the State Environmental Quality Review (SEQR) Regulations.

Preservation and improvement of historical or cultural sites or structures.

Provision of cross access easement or shared access.

Other facilities or benefits to the residents of the community, as determined by the Town Board.

Any combination of the above-listed community benefits or amenities.

The proposed amenity.

The value of the proposed amenity.

A narrative which:

The first sketch plan.

The second sketch plan. The second sketch plan should meet the requirements of § 165-100, Site development plan, and/or § 144-10, Sketch plan requirements, and show existing development, property owner's names and tax account numbers for all property within 200 feet of the property line of the project site or such other distance as specified by the Town Board, but shall only show how the site would be developed exclusive of any amenity or incentive.

The applicant shall also submit such additional information and plans as may be required by the Planning Board, which, in its judgment, are necessary in order to perform a thorough evaluation of the proposal.

First, serve the remaining vacant land in the district as though it were developed to its fullest potential under the district regulations in effect at the time of the amenity/incentive proposal; and

Then, serve the on-site amenity and incentive, given the development scenario in Subsection K(1) above.

Side yard: 30 feet.

From a Town access road: 50 feet.

From State Route 96: 70 feet from highway right-of-way.

From County Road 8 or 41: 70 feet from highway right-of-way.

From State Route 332: 100 feet from highway right-of-way.

Front yard setback shall be that portion of a parcel which provides access to and from an adjacent public highway.

No structure, other than an approved streetscape fixture, may be placed within a thirty-foot-wide grassed and sidewalk buffer area that is to be located across the property's frontage and as measured from the adjacent highway's edge of pavement.

All ground-mounted (freestanding) commercial speech business identification signs are to be located a minimum of 45 feet from the right-of-way line of the adjacent state highway or 30 feet from the right-of-way line of the adjacent Town highway.

The minimum clearance between the bottom of a ground-mounted (freestanding) commercial speech business identification sign shall be seven feet above existing grade.

The maximum height for a ground-mounted (freestanding) commercial speech business identification sign shall be 12 feet above existing grade.

No ground-mounted (freestanding) commercial speech business identification sign may be placed on top of any landscape berm located on the site.

Pedestrian-scaled area lighting of the site is required.

Light fixture style shall be those identified in the adopted "Streetscape Design Guidelines Route 96 Corridor," referenced above in this section. Light fixtures shall be no higher from the finished grade than 12 feet for pedestrian-scaled lighting, and no higher than the greater of 25 feet for a parking lot areas lighting.

The light source shall not be visible from any angle from adjacent streets or properties or the sky. Light fixtures shall be designed and installed so as not to cause illumination to spill beyond the boundaries of the site.

To provide optimum color rendition of site lighting along the main street corridor, all lamps are to be LED-types not exceeding 4,000 K.

Area lighting located within parking lots shall have a minimum of 0.5 footcandles and have a light uniformity ratio of 5:1 or lower in all areas, including driveways and pedestrian access routes.

The following standards for commercial speech signs associated with development occurring within the mapped MSOD Main Street Overlay District when only one principal building, use or activity is proposed upon a single parcel of real property.

The following standards for commercial speech signs are required for all associated site development occurring within the mapped MSOD Main Street Overlay District where there is more than one building, use or activity proposed upon a single parcel of real property.

Where the front facade of a building faces an access road and site access to and from said access road is provided from this portion of the parcel, then the rear yard portion of the parcel shall be defined as that portion of the parcel located between the right-of-way line of the State Route 96 to the building's facade.

Where the front facade of a building faces State Route 96 and site access is obtained from said state road, then the front yard portion of the parcel shall be defined as that portion of the parcel between the right-of-way line of the State Route 96 to the front facade of the building.

Where the side facade of a building faces a portion of an access road where site access is not provided, then the side yard portion of the parcel shall be defined as that portion of the parcel between the building facade which is parallel to the access road and facing the right-of-way line of the access road.

Where a site development plan proposes a building to be located upon a through lot, then the architectural treatment of the facade(s) of such a building shall be the same for both portions of the building.

Where a site development plan located on a through lot proposes a drive-through service window and/or an automatic banking machine service, then the design of the drive-through service window and/or banking machine service shall complement the facade of the building. In addition, whenever there is to be a drive-through service window and/or an automatic banking machine service that is/are located in close proximity to an adjacent public highway, then a densely planted landscape treatment shall be provided along the entire length of the drive-through aisle(s) that will adequately screen vehicle headlights using these on-site services from adjacent public highways. Said screening shall not exceed 48 inches in height above existing grade of the drive aisle(s).

Where site development is to be located on a through lot, then any commercial speech sign shall be permitted as a building-mounted commercial speech sign(s) and placed upon either side of the building and in accordance with the criteria contained elsewhere in this chapter of the Farmington Town Code. In addition, a single freestanding commercial speech sign may be permitted on a through lot, but shall only be allowed within the front yard portion of the parcel.

A thirty-foot buffer area from the edge of pavement along the lot width of a parcel is to be provided. Depending upon underground utilities and future highway lane widening, or turn lanes required by the New York State Department of Transportation or the Ontario County Department of Public Works, a thirty-foot minimum buffer area shall be provided from the edge of the turning lane pavement along the lot width of a parcel.

A five-foot-wide concrete sidewalk is to be provided across the lot frontage of any parcel involved with a site development or special use permit review and approval. Sidewalks within each parcel are to connect the principal building to the main sidewalk(s) located along State Route 96 or the adjacent public highway. All sidewalks to be located within state or Ontario County rights-of-way are to be built to Town site design and development criteria standards.

Streetlamps, described in Appendix A of the report entitled "Town of Farmington Streetscape Design Guidelines Route 96 Corridor," which is referenced above herein, are to be installed across the frontages of properties within the MSOD. Streetlamps to be located along State Route 96, or the two County Highways (C.R. 8 and C.R. 41), shall be located, wherever possible, outside the right-of-way of these highways. Said streetlamps are to be placed no further apart than 70 feet along the sidewalks located along adjacent public highways. Streetlamps may be located within Town highway rights-of-way, but only with approval from the Town Highway Superintendent.

Sidewalks and crosswalks that are installed at major street intersections within the MSOD Main Street Overlay District shall be in accordance with design criteria required by either the New York State Department of Transportation, or the Town Highway Superintendent, depending upon the highway jurisdiction. "Major street intersections" with State Route 96 are defined as the following intersections: Elizabeth Way; Mertensia Road; Mercier Boulevard; Commercial Drive and Hook Road/Beaver Creek Road. Should additional public roads be approved as part of any site development plan to intersect with State Route 96 within the MSOD, then those public highways shall be added to the above listing of major street intersections and required sidewalk/crosswalk improvements made. In addition, at these major street intersections, decorative street planting rails and pedestrian area lights are to be provided.

Streetscape furniture (e.g., benches, trash receptacles, etc.) shall be spaced apart at 500-foot intervals, starting at the intersection of State Routes 96 and 322 extending in two directions, both east and west, and along both sides of the State Route 96 highway. The furniture is to match the wood/steel bench design contained in Appendix A of the above-referenced "Town of Farmington Streetscape Design Guidelines Route 96 Corridor."

A separate site landscaping plan shall be provided for all site development and special use permit applications. The landscaping plan shall include a keyed planting schedule specifically detailing the quantity, species and size of all plant materials. Landscaping plans shall substantially conform to other landscaping existing within the MSOD Main Street Overlay District, so as to create a uniform appearance. Plant materials shall be liberally located throughout the site. Massing of multiple plants is preferable to the installation of individual plants. A successful site landscaping plan will feature a variety of types (e.g., trees, shrubs, ground covers, perennials, deciduous, evergreen, etc.) and sizes of plant materials. Native plant species shall be used in or near proposed stormwater management areas and near environmentally sensitive areas (e.g., freshwater wetlands). Additionally, vegetated buffers between varied uses should consist primarily of native plant species such as white pine and white spruce. The use of nonnative invasive species is prohibited. These include Japanese Barberry, Norway Maple, Russian Olive and Autumn Olive.

Street tree specifications. Street trees to be installed shall have a minimum of 2 1/2-inch caliper. Street trees to be installed along the State Route 96 frontage are to be a flowering variety tree having a height to complement the adjacent pedestrian corridor. For site specific street tree plantings guidelines, the Planning Board shall reference those guidelines contained in the above-referenced "Town of Farmington Streetscape Design Guidelines," Pages 4, 5, 6 and 7.

Existing site trees. Existing trees shall be preserved wherever practical, provided the trees are not diseased or abnormally subject to disease, structurally unsound or misshapen. Any site development plan or special use permit application shall detail existing trees on the parcel under consideration. No site clearing shall be permitted without Planning Board approval and filing of surety with the Town Clerk's office.

Berms, shrubs and ground covers. Planted berms (not exceeding two feet to three feet in height) shall be provided within the MSOD Main Street Overlay District and planted with shrubs of sufficient height to screen parking lots and drive aisles from the street. Berms and trees are not intended to be located over Town or other private utilities. Shrubs and ground covers shall provide visual interest in all seasons.

Water features. Unless located in a hardscape (e.g., plaza, courtyard, etc.), water features (including ponds and wet areas created as part of the site's stormwater management system) shall be organically shaped and be sympathetic to the site's natural topography. Such facilities should be designed to blend in with the general flow of the landscape and site grading so as not to present abrupt changes in grade, slope, or direction.

Stormwater design features. Detailed landscaping plans for stormwater management areas consistent with design guidelines and the New York State Stormwater Management Design Manual. Establishing a diverse range of vegetative cover types with suitable plant species for limiting the spread of nuisance and invasive species. Therefore, care shall be taken to incorporate a mixture of trees, shrubs and herbaceous species consistent with naturally occurring ponds, wetlands and streams.

Weed control fabric and mulches. Weed control fabric and mulches shall be provided as appropriate. All mulch beds within the MSOD Main Street Overlay District shall be of a natural color mulch (e.g., brown or black only). No stone or other colors are to be provided within these areas.

Large, decorative rocks. Large, decorative rocks or aesthetically pleasing rocks are to be strategically placed within the streetscape buffer areas outside of the rights-of-way and along the walkways to help fill empty space. Clustering of landscaping shall also be considered.