Design requirements.

Location. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest public entrance of the building that such facility is required to serve.

Surfacing. All parking areas, passageways and driveways, except when provided in connection with one- and two-family residential uses, shall be surfaced with a dustless, durable, all-weather pavement such as asphalt or portland cement. Parking areas shall be so graded and drained as to dispose of all surface water accumulation. The Planning Board may alter this requirement at the time of site plan approval when surface water drainage or other special requirements exist.

Screening and landscaping.

Lighting. No lights shall be erected, operated or maintained in connection with off-street parking in such a manner as to create an annoyance to surrounding properties.

Units of measurement.

Change in use, additions and enlargements. Whenever in any building there is a change in use or an addition in floor area, in the number of seats or other unit of measurement specified hereinafter to indicate the number of required off-street parking spaces and such change or addition creates a need for an increase of more than 10% in the number of off-street parking spaces as determined by the requirements in this section, additional off-street parking spaces shall be provided on the basis of the increased requirements of the new use or on the basis of the increase in floor area or in the number of seats or in other unit of measurement; provided, however, that in case a change in use creates a need for an increase of less than five off-street parking spaces, no additional parking facilities shall be required.

Mixed occupancies and uses not specified. In any case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. In the case of a use not specifically mentioned in this section, the requirements for off-street parking facilities for a use which is so mentioned and to which said use is similar shall apply. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use.

Collective provision of parking facilities. Nothing in this section shall be construed to prevent collective provisions for off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking places supplied collectively shall not be less than the sum of the requirements for the various uses computed separately.

Joint use.

Required parking spaces.

For every building, structure or part thereof erected as a business, industry, hospital, place of public assembly or other similar uses involved in the receipt and/or distribution of materials or merchandise by motor vehicles, there shall be provided and properly maintained adequate space for standing, loading and unloading of such motor vehicles in order to avoid undue interference with the public uses of streets, alleys or off-street parking areas.

Design requirements.

Access to leading spaces shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of vehicles.

Surfacing. Off-street loading spaces shall be surfaced with a dustless, durable, all-weather pavement such as asphalt or portland cement. Loading areas shall be so graded and drained as to dispose of all surface water accumulation. The Planning Board may alter this requirement at the time of site plan approval when surface water drainage or other special requirements exist.

Screening and landscaping. When a loading area adjoins a residential area, a planted buffer strip at least 20 feet wide shall be provided between the loading area and the adjoining residential area. Such buffer strips shall include a fence of acceptable design, unpierced masonry wall, earthen berm or compact evergreen hedge of not less than six feet in height, which shall be maintained in good condition without any advertising thereon.

Lighting. No lights shall be erected, operated or maintained in connection with loading areas in such a manner as to create an annoyance to surrounding properties.

Collective provision of loading facilities. Nothing in this section shall be construed to prevent collective provisions for off-street loading facilities for two or more buildings or uses, provided that the total of such off-street loading places supplied collectively shall not be less than the sum of the requirements for the various uses computed separately.

Loading space as required under this section shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.

Required loading space.

A sign for which no permit was heretofore issued.

A sign that is made nonconforming by the enactment of the regulations contained in this section, for which a permit or site plan approval was obtained under the provisions of the Town Code.

A sign that conforms to the standards contained in this section for which a sign permit has been issued by the Code Enforcement Officer.

A sign that conforms to the standards contained in this section but for which no sign permit is required from the Code Enforcement Officer.

Alteration of nonconforming signs. Nonconforming signs shall not be altered, rebuilt, enlarged, extended or relocated, unless such action changes a nonconforming sign to a conforming sign as provided herein. The failure to keep any such nonconforming sign in good repair within a period of 30 days after due notification by the Code Enforcement Officer shall constitute abandonment of the sign. An abandoned sign shall not be reused and shall be removed by or at the expense of the property owner.

Early termination of nonconforming signs. If a project subject to development review is proposed for a parcel upon which a nonconforming sign is located, the reviewing board shall require that said nonconforming sign be brought into compliance as a condition of approval of the proposed development review.

On-site signs. Lawfully erected on-site nonconforming signs, with the exception of any sign found to be a traffic hazard by virtue of an inadequate setback from a public right-of-way, shall be allowed to continue until March 1, 2002. After that date, any such nonconforming sign shall be considered to be a violation of the Farmington Town Code, Chapter 165, and subject to removal pursuant to regulations contained in § 165-48.

Off-site signs. Lawfully erected off-site nonconforming signs and lawfully erected multiple on-site nonconforming signs shall be allowed to continue for the period defined in Subsection D(5) (amortization period) below. At the termination of that amortization period, said signs shall be considered to be in violation of the Town of Farmington Code, Chapter 165, § 165-38 and subject to removal pursuant to § 165-48.

Nonconforming signs not lawfully erected shall be considered to be in violation of the Town of Farmington Town Code and subject to removal pursuant to § 165-48 herein.

Within 180 days of the effective date of Local Law No. 6 of the year 1998 (effective date), the owner of a premises, or such owner's agent or designee (owner), upon which there is a lawfully erected off-site nonconforming sign or a lawfully erected multiple on-site nonconforming sign shall file with the Code Enforcement Officer an appraisal report prepared by a certified appraiser showing the fair market value of said sign upon the effective date. Whereupon the Code Enforcement Officer shall issue a letter to said owner indicating the number of years applicable to said sign as referenced in § 165-39D(5). Failure to file said report within the required time period shall render the sign subject to the three-year amortization period.

Amortization schedule for the removal of off-site signs shall be as follows:

In the event that any nonconforming sign is damaged or destroyed to the extent that said damage has reduced the fair market value of said sign by at least 51%, said sign shall be removed in accordance with the provisions contained in § 165-48.

All commercial speech signs except those listed in Subsection B of this section.

Noncommercial speech signs provided that said signs comply with the requirements in §§ 165-41 and 165-42 and elsewhere in this chapter.

Commercial speech temporary signs erected as ground signs or affixed to a building which meet the following standards:

A conforming commercial speech sign may be repainted.

Replacement of commercial speech copy on a conforming commercial speech sign with noncommercial speech copy.

Credit card signs. Credit card advertisements or trade association emblems, which are displayed together and the area of which does not exceed one square foot, may be displayed. Such signs shall be displayed flat on window or door surfaces. The purpose of these signs is to offer a service and not to advertise the business.

Sale, lease or open-for-inspection signs.

Vehicular signs. Commercial speech signs on licensed/registered motor vehicles used in conjunction with a business, provided that the primary purpose of such sign copy is not to direct the traveling public's attention to the business location.

Temporary identification signs of development sites. Upon any parcel identified in a valid site development permit as the site of an active construction or development project a single temporary sign may be erected and maintained during the duration of such project, which sign may identify the primary contractor or owner of the premises and the street address, provided that such sign does not exceed 32 square feet in sign area and does not exceed seven feet in height above the adjacent ground.

A temporary sandwich board sign identifying a promotional event being conducted on the premises may be allowed without a sign permit, for a period not to exceed 14 consecutive days, provided the size of said sign does not exceed three feet by four feet in size. Said sign shall be located outside the right-of-way for the highway fronting along the site, unless said highway is under construction. When said highway is under construction, said sandwich board sign may be allowed within the right-of-way, provided it is in close proximity to the driveway that provides access to the site and does not interfere with motorists' line of sight to oncoming traffic.

The Code Enforcement Officer shall have the authority to issue a sign permit in accordance with § 165-40.

The Code Enforcement Officer shall refer all applications for commercial speech sign permits that involve more than one sign per building or site to the Town of Farmington Planning Board for sign site plan approval. The Town of Farmington Planning Board shall have the authority to approve all sign permit applications requiring sign site plan approval. The sign site plan approval procedures are set forth in § 165-44 of these regulations.

The Code Enforcement Officer shall have the authority to approve a modification to an approved sign site plan, provided that there is no change in either the number, location or total area of each sign.

All applications for a sign permit shall be made in writing, upon forms prescribed and provided by the Code Enforcement Officer, and shall contain the following information:

The Code Enforcement Officer's review of all sign permits shall be based on the completed application form, any accompanying photos, drawings and a site inspection.

Upon receipt of an application, the Code Enforcement Officer shall:

Architectural harmony. Commercial speech signs and their supporting structure should be in harmony architecturally with both the surrounding structures and signs.

Changeable-copy signs. Changeable-copy commercial speech signs (commonly known as "bulletin boards"), not exceeding 20 square feet in area, of any public, religious or charitable organization located within the Town shall be allowed when such signs are in conformance with all other restrictions for that district. All changeable-copy commercial speech signs require a sign permit.

Lighting angle. If exterior sign lighting is provided, it shall be arranged to reflect away from the surrounding property and away from public ways. No lighting of any sign shall cause glare to extend on to any public right-of-way or adjacent property.

Lighting intensity. The intensity of the light source shall not exceed that necessary to illuminate and make legible a sign from the public ways. Signs constituting a traffic hazard are prohibited.

Maintenance. All signs and structures which support a sign shall be adequately maintained. Maintenance of a conforming sign or a legally nonconforming sign shall not be considered an erection or alteration so long as a structural change is not made.

Attention devices. No sign shall consist of banners, balloons, pennants, ribbons, streamers, spinners or similar fluttering devices or flashing lights. No sign shall consist of animated or moving parts.

Attachments. No sign shall be attached to fences, street lights, utility poles or trees.

Pertinent advertising. Thirty business days after a sign no longer advertises a bona fide business conducted, product sold or activity being conducted, said sign shall be removed by the owner, agent or person having the beneficial use of the building, structure or lot.

Uniform Building Code. All signs shall comply with the applicable regulations of the State of New York Uniform Fire Prevention and Building Code.

Utility lines clearance. No permit for any sign shall be issued, and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the laws of the State of New York.

Public safety signage. Every principal building or structure shall have Arabic numerals (street identification numbers) at least four inches in height, permanently attached to the building near the main entrance and clearly visible from the public way. Where said principal building or structure is located more than twice the minimum front setback required or where street address identification numbers attached to the building are not clearly visible from the public way or where said principal building or structure is located along State Highway Routes 96 and 332, there shall be erected (within 10 feet of the property line, next to the site's access point and perpendicular to the road) a motel post, which shall have affixed at the top a vertical noncommercial speech sign with a green background that contains only the street identification number(s) in white lettering. The exact dimensions for said sign and its location on the property shall be in accordance with the plan drawing located in the Town Development Office and identified as "Street Identification Signs," drawing number 99-0 1, as may be revised from time to time.

Public safety clearance. No sign shall be allowed to be attached in any form, shape or manner to a fire escape or to any door or window giving access to any fire escape.

Projecting signs. No commercial speech sign shall be permitted to project into any public right-of-way. No portion of any projecting sign shall be less than 10 feet above grade level. There shall be no more than one projecting sign for any building, unless the building has public entrances to two or more public ways, in which case one projecting sign may be erected for and toward each public way.

Of the total number of signs, only one may be a window sign. No window sign shall exceed 25% of the total window opening, or four square feet, whichever is smaller.

A building-mounted sign may not exceed four square feet in total area. Any building-mounted sign shall be located in proximity to an exterior entrance.

A ground-mounted sign shall be subject to the following criteria:

Noncommercial speech signs may be placed on a lot up to 21 days prior to an event and must be removed within 48 hours after the event.

Noncommercial speech signs not relating to an event may be erected and remain for an indefinite period as long as the sign is maintained in a safe manner and a good state of repair.

A sign may not exceed 20 square feet in area.

A freestanding sign must be located in the front yard portion of a lot, may not be closer than 15 feet to any property line and shall have a maximum height above grade level of six feet.

A building-mounted sign must be located on the first-floor front facade of the structure.

Noncommercial speech signs may be placed on a lot up to 21 days prior to an event and must be removed within 48 hours after the event.

Noncommercial speech signs not relating to an event may be erected and remain for an indefinite period as long as the sign is maintained in a safe manner and a good state of repair.

A single double-sided freestanding commercial speech sign identifying a permitted home occupation, not larger than three square feet per side, may be permitted in any A-80 Agricultural Zoning District and in any RR-80, RS-25, R-7.2, R-1-15, R-1-10 and R-2 Residential Zoning Districts.

The following additional sign standards shall guide the regulation of all signs associated with projects located in the Main Street Overlay District and any underlying Restricted Business, Neighborhood Business, General Business, Planned Development, Limited Industrial, General Industrial or Incentive Zoning District when only one principal building, use or activity is proposed or exists on a single parcel of real property.

The following standards shall guide the regulation of all commercial speech signs associated with a site located in any zoning district specified in Subsection B(1) above where more than one principal building, use or activity is proposed or exists upon a single parcel or related parcels such as in the case of a shopping center, plaza, office complex or other multiple-use facility:

The following regulations apply to all commercial speech signs in any zoning district:

A single freestanding double-sided commercial speech sign, identifying permitted wholesale or retail sales of agricultural products as defined in Chapter 117, Right To Farm, of the Town Code, not larger than 20 square feet per side, may be permitted in the A-80 Agricultural District and the RR-80 Rural/Agricultural District; or

A building-mounted single-sided commercial speech sign, identifying said permitted use, the total square footage of which shall be the lesser of:

Posted advertisements. Posted advertisements are not allowed in any district.

Moving signs. Signs which move or simulate motion are prohibited. This shall include flashing, blinking, animated, rotation signs or signs whose illumination or projected surfaces change with time, but shall not include time-and-temperature signs.

Pertinent advertising. No commercial speech sign shall be displayed unless such sign advertises a bona fide business conducted in or on the premises.

Price signs. Signs other than window signs, specifying price, cost or value, are not allowed, unless advertising the price of gas at a gasoline station, as required by county law.

Product, trade names or logos. Product names, trade names or logos are permitted as a part of a sign only when the product name, trade name or logo is integral to the use of the premises. No more than 10% of the area of such sign may be used to display the brand name of any product(s) or commodities actually sold on the premises.

Reflective surfaces. Signs with reflective surfaces which create a glare to motorists traveling along the public rights-of-way are not allowed.

Roof signs. No signs, banners, flags or other like advertising devices shall be permitted on the roof of any building or structure or be mounted so as to project above the eaves line.

Sandwich boards. A sandwich board sign is allowed, as provided in § 165-40B(6)(a) and (b) of this chapter, on a daily basis, for a period not to exceed 14 consecutive days, to identify premises for sale or rent and bearing a legend such as "Open" or "Open for Inspection" and to identify a promotional event being conducted on the premises. No sandwich board sign shall be left outside during non-daylight hours or will be allowed within or on any public way unless said public way is under construction and the sandwich board sign is being used primarily to identify the location of the temporary driveway that provides access to the site.

Statuary signs. Statuary signs are not permitted.

Temporary signs. Temporary signs, other than those specified in § 165-42, are prohibited.

Traffic hazard. No permanent or temporary sign shall be erected or placed at or near the intersection of any street in such a manner as to cause a traffic hazard at the intersection, or at any location where, by reason of position, shape, color or illumination of the sign, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device which makes use of the words "stop," "look," "drive-in," "danger," "go slow," "caution," "warning," "right," "left" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse vehicle operators.

Off-premises commercial speech signs. No off-premises commercial speech sign shall be permitted either within 660 feet of, or which is intended to be viewed from, Interstate Highway I-90 (Thruway) or primary state highways (Routes 96 and 332).

Window advertising or window identification signs shall cover no more than 25% of the total window area.

A window advertising space is considered to be the total area of any single window pane or series of window panes with a width of 12 inches or less separated by mullions. A single window sign which identifies only the name of the business and hours of operation, no more than four square feet in sign area, may be displayed without issuance of any permit or approvals of any board at any commercial use lawfully conducted under the provisions of this chapter.

Such displays shall only be erected and maintained for a maximum cumulative duration of 30 days within any given calendar year. Although no permit shall be required to be issued for such displays, an informational form briefly describing the display and the dates thereof shall be filed with the Code Enforcement Officer. Should no such form be provided or should the maximum cumulative duration of 30 days be exceeded, then this subsection shall be deemed to be of no effect and such display shall in that event be considered to be in violation of this chapter of the Town Code; and

Such displays shall conform to any standards and limitations identified for that purpose by a resolution of the Farmington Planning Board. Any display failing to conform to such standards and limitations shall be deemed to have failed to comply with the provisions of this subsection and consequently to be in violation of the Town Zoning Law. Should the Planning Board fail to impose by resolution such standards or limitations, then such displays shall continue to be permitted, provided that they comply with the other provisions of this subsection.

Each site desiring to have an on-site temporary promotional sign for the seasonal sales of agricultural products and/or off-site temporary promotional directional signs shall complete, on the forms provided by the Town, an application for temporary promotional signs and file a complete application with the Town Code Enforcement Officer (CEO).

The CEO review of said application shall determine the location of the temporary on-site promotional sign, the number of off-site temporary promotional signs, the locations of said off-site temporary promotional signs, the number of single- and double-sided signs that are to be allowed by the permit and the description of each sign, including sign size and message. Upon review of this information, the CEO shall either issue or deny a temporary sign permit for any temporary promotional sign(s) for the seasonal sales of agricultural products within 10 business days of the receipt of a completed application.

All temporary promotional sign permits issued by the CEO shall specify the maximum period of time for the signs to be erected. At the end of the specified period of time the signs shall be removed by the applicant within 48 hours.

Of the five total off-site freestanding signs allowed, only one single-sided or one double-sided off-site freestanding commercial speech sign, identifying the seasonal agricultural product being sold, the name of the business and a directional arrow, may be allowed along the rights-of-way of each of the following major highways: State Routes 96 and 332; and County Roads 8, 28 and 41. Prior to the issuance of a temporary sign permit, the applicant shall first obtain written approval from either the New York State Department of Transportation or the Ontario County Department of Public Works for the placement of said signs within the respective rights-of-way jurisdiction.

Where a seasonal sales of agricultural products site is to be located along a Town highway, temporary promotional display signs may be allowed that are determined to be necessary by the CEO to guide the traveling public from along the above-cited state and county highways to the agricultural products site. All temporary promotional display signs that are to be located within the Town highway right-of-way shall be subject to the Town Highway Superintendent’s written approval. Furthermore, there may be either one single- or one double-sided freestanding on-site commercial speech sign and up to a maximum of five off-site commercial speech signs identifying the directions to each seasonal agricultural products site. In the event there are off-site commercial speech directional signs located along the state or county highways listed above, then the number of signs allowed along the Town highway right-of-way shall be reduced accordingly.

Each seasonal agricultural products sign shall not be less than 42 inches in height measured from the ground to the bottom of the sign, and said sign shall not be taller than 78 inches in height from the ground to the top of the sign. Said signs shall not exceed nine square feet in total sign area and may be double-sided.

A fee for processing and administering the temporary promotional signs shall be established by the Town Board and shall be paid at the time of issuance of the seasonal agricultural products sign permit.

It shall be the duty of the Code Enforcement Officer or his delegate to administer and enforce the provisions of this chapter.

When violations occur under this chapter, the Code Enforcement Officer shall cause notice to be given to the owner or occupant of the premises on which the sign is located or to the agent of either or to the person receiving the benefits from the offending sign. Said notice may be given by first-class mail or by issuance and service of a notice of violation. If any of said persons fails to abate said violation within five days after such notice has been personally served upon them or within 10 days after such notice has been sent to said person by first class mail at their home or business, said person shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Code Enforcement Officer in the name of the Town and to be retained by the Town.

The Code Enforcement Officer or authorized representative may serve a written stop-work order upon the applicant or other person who commits or assists in any such violation requiring the correction of any violation of this chapter.

The Code Enforcement Officer, on behalf of the Town, may maintain an action for an injunction to enjoin violations of these regulations.

A permit issued pursuant to this chapter may be revoked by the Code Enforcement Officer if it appears that the sign erected pursuant to the permit no longer conforms to the provisions of these regulations.

The remedies provided herein shall be cumulative and shall be in addition to any other remedies provided by law.

Signs not permitted.

Signs causing immediate peril. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily upon written notice to that effect. Failure to comply within five days of such notice will serve as an authorization to the Code Enforcement Officer to remove or cause removal of such sign, with all costs and expenses charged as provided for above.

Any structure which is defined as whose use includes vehicle storage; and

Any structure for private garages shall have a noncombustible floor surface; and

Not more than one private garage or carport shall be permitted per lot; and

Carports are to be securely mounted to the ground to prevent movement caused by weather and/or wind conditions; and

Private garages/carports shall be constructed in accordance with all applicable uniform codes; and

Private garages/carports are to be kept in good repair and in a safe and sanitary condition.

A security fence that is accessory to a permitted personal wireless telecommunications facility, or a wind farm, or a large-scale solar (PV) system shall be allowed, provided that said fence does not exceed 15 feet above existing grade; and

A security fence that is accessory to a permitted principal business, commercial or industrial use of the property.

In the case of corner lots or through lots, a front yard of the required depth from the street line shall be provided.

Otherwise yard measurements shall be measured in accordance with the definitions contained in § 165-10.

The Town Board finds that proper outdoor lighting is necessary for the safety of motorists and pedestrians as well as aiding in police functions and reducing crime. The Board also finds that the proper design and use of outdoor lighting will insure a nighttime appearance consistent with overall community goals of enhancing the attractiveness of businesses, streets and other portions of the environment.

The purpose of this section is to provide the regulatory framework to insure the installation of safe and attractive outdoor lighting needed to protect the health, safety and welfare of the residents and visitors to the community. It is also declared to be the purpose of these regulations to provide more specific guidelines for site plan applications and standards in regard to lighting, in order to maximize the effectiveness of site lighting, to avoid unnecessary upward illumination and illumination of adjacent properties and to reduce glare. This section will control unwanted glare and light trespass onto neighboring properties, roadways and night sky.

All outdoor lighting fixtures, including display lighting, shall be shielded, turned off after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary and may operate on motion detectors/sensors.

Petroleum stations. Island canopy ceiling fixtures shall be recessed.

Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to the requirements set forth in Subsection D below.

All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective.

Any spot or flood luminaire having initial source lumens of 900 or less, provided that no direct light is focused so as to cause avoidance glare on adjoining property or roadways. Such luminaire may be redirected or its light output controlled so as to eliminate this glare and be eligible for exemption under this section.

Temporary circus, fair, carnival or civic uses.

Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

Temporary lighting.

Lighting associated with agricultural pursuits within an established State Agricultural District.

All moving, revolving and flashing lights.

Laser source lighting or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizon is prohibited.

Lighting in conformance with this section is required for all parking lots having five or more cars. Light levels shall be designed to meet but not to exceed the latest recommended levels from IESNA for the type of activity/area being lighted except light levels for ATMs which shall be in accordance with the New York State ATM Safety Act.[1] Where no standard is available from IESNA, the applicable standard shall be determined by the Planning Board taking into account the levels for the closest IESNA activity.

Uniform light levels shall be achieved on the site. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas nor 4:1 for pedestrian areas.

Design should establish a hierarchy of lighting to insure a smooth transition from bright areas to those with subdued lighting.

Maximum to average light levels should be kept within a 6:1 ratio. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.

Nonresidential zones. Direct light shall not be visible above six feet at the adjoining public roadway pavement edge, or 25 feet beyond the property line, except no such restriction for lighting site entrances.

Residential zones and where adjacent property is in a residential zone. Direct light shall not be visible above ground level at the adjoining public roadway pavement edge, or 25 feet beyond the property line or at the dwelling unit, whichever is less except no restriction for lighting site entrances.

Have a cutoff angle of 90º or less.

Wall-pack units are required to be opaque shielded or have optics that provide a cutoff angle of 70º or less.

Canopy lights must be recessed or have side shields.

Roof-mounted area lighting is prohibited.

Mounting heights shall be no higher than 30 feet.

In all zoning districts, at the pavement edge of adjoining public roads: a maximum of 0.5 footcandle, except for site access points where a maximum of one footcandle at the pavement edge is permitted.

Residential districts and where an adjacent property is in a residential district: a maximum of 0.2 footcandle 25 feet beyond the property line or at the dwelling unit, whichever is less.

Nonresidential districts: no maximum limit; however, light trespass shall be based upon adjoining uses and light levels to insure that IESNA standards are not exceeded.

No installation of new luminaries (e.g., fixture and bulbs) shall be permitted unless in conformance to this section.

All outdoor lighting that, in the opinion of the Code Enforcement Officer (CEO), is causing a glare on adjoining roadways or properties shall be required to submit lighting details to the CEO showing that the existing lighting meets the requirements of this section or how such lighting will be brought into conformance.

Two hundred feet from the nearest lot line;

Three hundred feet from a property boundary line of a residential zoned property (e.g., any residential district other than A-80 or RR-80);

One thousand feet from a school or day-care facility.

The PDB shall be placed outside of an enclosed building located on either an approved lot within the GB General Business District or, within any other zoning district, on an approved lot on which the PDB's sponsor owns or operates a principal use that complies with the chapter.

The PDB shall not be located within the front yard portion of a lot.

The PDB shall not be located anywhere on a lot on which a residential dwelling is located.

The PDB is hereby identified as an accessory use and structure subject to all setback criteria for said use and structure as provided elsewhere in this chapter of the Town Code except as otherwise set forth in this section.

The PDB shall be placed upon a solid, dust-free surface and anchored.

The PDB shall be located so as to preserve adequate sight lines, on-site parking and driveway space, pedestrian access and any other elements determined by the CEO to preserve safe and adequate vehicle and pedestrian circulation on the premises.

The PDB shall be entirely enclosed except for an opening that is the minimum size necessary to allow for the deposit of donations. There shall be a door used to access the PDB which shall be locked so that the contents may not be accessed by anyone other that those responsible for the retrieval of the contents. No PDB shall be allowed that involves a one-way trap-door device.

The maximum size of a PDB shall not exceed eight feet by 16 feet, nor exceed 10 feet in height.

Signs inviting donations may be placed on each of the sides of the public donation bin (PDB), provided that no such sign shall be placed on a side that faces a lot line of an abutting residential district. Each sign shall identify the PDB's sponsor and the charitable, religious, scientific, literary, sporting, educational or governmental purpose of the sponsor that will be advanced by donations to the PDB. Each sign shall also contain the current telephone number for the public to contact in the event said PDB is not being adequately maintained in the manner specified in Subsection B(11) below. Such authorized signs shall not exceed two feet by four feet in dimension and shall not be illuminated.

Each PDB shall also be clearly posted with a sign that specifies what types of items may and may not be deposited therein. Such posting may be included on the signs identified in Subsection B(9) above, or on an additional sign on the PDB near the opening for the deposit of donations. Any sign additional to that authorized in Subsection B(9) above shall not exceed one foot by two feet in dimension and shall not be illuminated.

Every PDB shall be maintained on a regular basis to prevent overflow, the accumulation outside the PDB of discarded items, deterioration or malfunction of the PDB, or other unsightly, unsafe or unhealthy conditions. There shall be no overflow of a PDB allowed. In the event of overflow, or other problem condition cited above, the Code Enforcement Officer shall immediately notify the contact person that is designated by the PDB's sponsor to correct the problem. All such problems shall be corrected within 24 hours of a violation notification. A permit issued for a PDB shall be revoked and the PDB removed within 48 hours of notice being provided if, within 24 hours after delivery of the third violation notice, the designated contact person fails to correct the problem condition or otherwise indicates by word, action or inaction that the sponsor is no longer willing or able to maintain the PDB.

The name and contact information for the sponsor; and

A description of the not-for-profit status of the sponsor and the charitable, religious, scientific, literary, sporting, educational or charitable purpose to be served by the collection of items donated to the PDB; the name and contact information of the owner of the lot where the PDB is proposed to be located; the name and contact information of the sponsor's designated contact person who is responsible for the sponsor's maintenance of the PDB; and

Information on the dimension, design, signage, and location of the proposed PDB.

Permit number. Each approved application shall be given a drop-off bin permit number issued by the Town Code Enforcement Officer that shall be affixed to the bin as required elsewhere by this chapter.

A PDB permit shall be affixed to every public donation bin device used by a permittee for the collection and storage of new or used clothing, toys or other items, and the permit shall be affixed to the bin prior to placement of the bin.

The permit shall be placed on the same side of the bin as the chute used for the deposit of donated items. Upon the sale or transfer of a bin, a new permit shall be required and shall be affixed to the bin prior to placing it in service.

A permit issued under this section shall be valid from the date of issuance until February 28 of the following odd-numbered year.

The owner, lessee, or other person or legal entity in control of the property where a public donation bin is being maintained in violation of this section and the person or entity which owns, maintains, or operates a bin in violation of this section shall be jointly and severally liable therefore.

Code Enforcement Officer(s) of the Town Development Office and the Ontario County Sheriff's Department are hereby authorized to issue summonses or appearance tickets, returnable to Town Court, for any violations of this section.

Additionally, the Town Attorney may, in an appropriate case, institute an injunction action in the name of the Town to assure compliance with the terms of this section.

Any person, owner, tenant, lessee and/or agent having a legal interest in the subject property who has upon his/her property a Personal Donation Bin without a valid permit or which is overflowing or has items located on the ground around the bin shall be in violation of this section and punishable subject to the penalties for offenses set forth in § 65-113 of this Code.

Meet the goals and objectives of the Town of Farmington Comprehensive Plan (hereinafter referred to as the "Plan") to enhance continued agricultural operations and protect viable agricultural land resources; and provide public utilities, facilities and energy services that efficiently meet present needs and anticipate future needs of residents in accordance with the goals and objectives of the Plan; and

Support green economy innovations; and

Support New York State in meeting its renewable energy goals established by the 2015 New York State Energy Plan as implemented through the Reforming the Energy Vision Institute; and

Support the New York State Climate Leadership and Community Protection Act (hereinafter referred to as "CLCPA"), which went into effect January 1, 2020.

This section applies to building-mounted, building-integrated and ground-mounted solar photovoltaic (PV) systems installed and constructed after the effective date of this section of the Code.

This section also applies to any upgrade, modification or structural change that alters the physical size, electric generation capacity, location or placement of an existing solar PV system.

Nonconforming solar PV systems. Nonconforming solar PV systems existing on the effective date of this section may be altered or expanded, provided such alteration or expansion does not increase the extent or degree of nonconformity.

Properties with approved site plan. Notwithstanding the requirements of §§ 165-84.3 and 165-100 of this chapter, for any lot or parcel of land that has an approved special use permit and an approved site plan, the installation of a by-right solar PV system on the lot shall not be considered a change to the special use permit or the approved site plan. This provision shall be interpreted to exempt lots with an approved site plan from other requirements of this chapter.

Prohibition. Solar PV systems attached to the side of a building are prohibited unless they are designed as a building-integrated system.

By-right solar PV systems. To encourage use of solar PV systems in the Town of Farmington, the following building-integrated and building-mounted solar PV systems shall be permitted by right as an accessory structure in any zoning district, provided the system is generating electricity only for the land use located on the same lot as the system, and further provided that the system is in the following yard areas:

Standards for by-right solar PV systems. Any by-right solar PV system shall meet the following standards:

By-right building-mounted solar PV systems. For a building-mounted solar PV system installed on a sloped roof, the following design requirements shall be met:

By-right building-integrated solar PV systems. For a by-right building-integrated solar PV system:

By-right building-mounted and building-integrated solar PV systems. Notwithstanding the area, lot and bulk requirements of this chapter, building-mounted and building-integrated solar PV systems may be installed on nonconforming buildings as follows:

Except as provided in § 165-65.3D, solar PV systems permitted by right, above, no other type of large-scale ground-mounted solar PV system shall be constructed or installed without first obtaining a special use permit and site plan approval from the Planning Board, pursuant to Articles VI and VIII of this chapter. In addition, all large-scale ground-mounted solar PV systems shall require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include, but not be limited to:

Classifications. Solar PV systems requiring a special use permit may be classified as either principal or an accessory use as set forth below.

Building-mounted and building-integrated large-scale solar PV systems that have a system capacity greater than 25 kW or generate more than 110% of the kWh of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel of land where the system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electric usage over said twelve-month period.

Building-mounted solar PV systems, regardless of size, mounted on carports or canopy structures covering parking facilities.

Permit applications for major renewable energy facilities, as defined by the State of New York, pursuant to Chapter 388 of the Laws of 2011 enacted Article 10 of the New York State Public Service Law. Article 10 provides for the siting review of new and repowered or modified major electric generating facilities in New York State by the State Board on Electric Generation Siting and the Environment. Under the provisions of Chapter 388, a major renewable electric generating facility is defined as facilities capable of generating annually 25 megawatts or more. Additionally, new large-scale ground-mounted solar PV system projects, generating between 20 and 25 MW, and existing projects in the initial phases of the Article 10 review process may opt in to the state-level siting process administered by the Office of Renewable Energy Siting (ORES).

Permit applications for major renewable energy facilities as defined in Subpart 900-1.2 (a through f) of Chapter XVIII, Title 19 of NYCRR Part 900, Office of Renewable Energy Siting, requires applications for permits for the siting, design, construction, operation, compliance, enforcement, and modification of such facilities pursuant to § 94-c of the New York State Executive Law.