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

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

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

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

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

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

Minimum site area shall be 15 acres.

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

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

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

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

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

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

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

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

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

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

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

All utilities shall be underground.

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

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

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

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

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

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

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

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

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

Access.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Manufactured dwelling community operating permit and final site plan criteria.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Apartment buildings shall contain no more than 12 dwelling units.

Townhouse buildings shall contain no more than six dwelling units.

Minimum habitable floor area requirements.

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

Setback requirements.

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

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

Access to public road.

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

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

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

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

All utility lines shall be located underground.

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

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

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

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

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

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

All adult uses shall be conducted in an enclosed building.

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

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

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

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

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

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

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

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

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

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

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

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

All outdoor storage areas shall be lighted for security purposes.

The minimum lot area shall be 10 acres.

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

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

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

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

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

No sleeping on site within a tractor shall be allowed.

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

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

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

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

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

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

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

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

(Reserved)[1]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Planning Board shall review the site plan for any application for an on-site-use wind energy system. The following submission requirements are in addition to the site plan requirements set forth elsewhere in this chapter, in § 165-100, and must be observed regarding a site plan application for an on-site-use wind energy system:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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