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Codeof the

Village of Farnham

COUNTY OF ERIE

STATE OF NEW YORK

SERIAL NO. …………17………..

GENERAL CODE PUBLISHERS CORP.72 Hinchey Road

Rochester, New York 14624

1988

Codeof the

Village of Farnham

COUNTY OF ERIESTATE OF NEW YORK

Editor of this CodeP. J. FOLEY

Consulting EditorsV. M. BUTLER D. J. KRESST. B. CLANCY J. G. KRESSK. A. DALEY G. C. LETTERE. M. FIKE R. D. SQUIRESJ. E. FLINT M. E. SZCZESNIAKH. H. HENRY M. T. VERSPRILLEJ. S. KITT C. C. WIGHT



1988

OFFICIALS

OF THE

VILLAGE OF FARNHAM

Village Hall

526 Commercial StreetFarnham, New York 14061Telephone: 716/549-0890

_____1988

__________

DR. ANNA A. MARTORANAMayor

Trustees

MARC BARGEEUGENE CZYZ, SR

GEORGE L. CORDIA, JR.RONALD N. KOBEL

ANTHONY J BARONE, JR., ESQ. JOYCE M. RAUKER, CMC. Village Attorney Village Clerk-Treasurer

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C E R T I F I C A T I O N

VILLAGE OF FARNHAM

Office of the Village Clerk

I, JOYCE M RAUKER, Village Clerk of the Village of Farnham, hereby certify that the chapters contained in this volume are based upon the original local laws, ordinances and resolutions of the Board of Trustees of the Village of Farnham, and that said local laws, ordinances and resolutions, as revised and codified, renumbered as to sections and rearranged into chapters, constitute the Code of the Village of Farnham, County of Erie, State of New York, as adopted by local law of the Board of Trustees on May 13, 1989.

Given under my hand and the Seal of the Village of Farnham, County of Erie, State of New York, this 16th day of May 1989, at Farnham, New York.

s/JOYCE M. RAUKER

+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +7 – 25 – 89

PREFACE

The Village of Farnham has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the village, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the village. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Board of Trustees ordered the following codification of the village’s legislation.

Contents of Code

The various chapters of the Code contain all currently effective legislation (local laws, ordinances and certain resolutions) of a general and permanent nature enacted by the Board of Trustees of the Village of Farnham, including revisions or amendments to existing legislation deemed necessary by the Board of Trustees in the course of the codification.

Division of Code

The Code is divided into parts. Part I, Administrative Legislation, contains all village legislation of an administrative nature, namely, that dealing with the administration of government, that, establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part II, General Legislation, contains all other village legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not.

i

Grouping of Legislation andArrangement of Chapters

The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the chapter enttled “Streets and Sidewalks.” In such chapters, use of Article or Part designations had preserved the identity of the individual items of legislation.

Table of Contents

The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, titles of the several facilitate location of the individual item of legislation.

Reserved Chapters

Space has been provided in the Code for the convenient insertion, alphabetically, of later enactments. In the Table of Contents such space appears as chapters entitled “(Reserved).” In the body of the Code, reserved space is provided by breaks in the page-numbering sequence between chapters.

Pagination

A unique page-numbering system has been used, in which each chapter forms an autonomous unit. One hundred pages have been allotted to each chapter, and the first page of each is the number of that chapter followed by the numerals “01.” Thus, Chapter 6 begins on page 601, Chapter 53 on page 5301, etc. By use of this system, it is possible to add or to change pages in any chapter without affecting the sequence of subsequent pages in other chapters, and to insert new chapters without affecting the existing organization.

ii

Numbering of Sections

A chapter-related section-numbering system is employed, in which each section of every item of legislation is assigned a number which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 is § 6-1, while the fourth section of Chapter 53 is § 53-4. New sections can then be added between existing sections using a decimal system. Thus, for example, if two sections were to be added between §§ 53-4 and 53-5, they would be numbered as §§ 53-4.1 and 53-4.2.

Scheme

The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text.

Histories

At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters containing Parts or Articles derived from more than on item of legislation, the source of each Part or Article is indicated in the History. Amendments to individual sections or subsections are indicated by histories where appropriate in the text.

CodificationAmendments and Revisions

New chapters adopted or sections amended or revised during the process of codification are specifically enumerated in chapter Histories with reference to “Ch. 1, General Provisions,” where the legislation adopting this Code and making such revisions will appear after final enactment. Sections so amended or revised are also indicated in the text by means of Editor’s Notes referring to the chapter cited above.

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General References; Editor’s Notes

In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader’s attention to such related chapters. Editor’s Notes are used in the text to provide supplementary information and cross-references to related provisions in other chapters.

Appendix

Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this Code is reserved for such legislation and for any other material that the community may wish to include.

Index

The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code.

Instructions forAmending the Code

All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new sections as decimal numbers (e.g., a new section between §§ 45-5 and 45-6 should be designated § 45-5.1). New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New

iv

chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled “Vehicles, Abandoned” under “V” in the table of contents, and a new enactment on coin-operated amusement devices should be “Amusement Devices” or “Amusement Devises, Coin-Operated” under “A” in the table of contents). Where a reserved number is not available, an “A” chapter should be used (e.g., a new chapter to be included between Chapters 45 and 46 should be designated Chapter 45A). New Articles may be inserted between existing Articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the use of “A” Articles (e.g., a designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with § 45-30 and Article XVII begins with § 45-31, Article XVIA should contain §§ 45-30.1 through 45-30.6).

Supplementation

Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages removed, in accordance with the Instruction Page which accompanies each supplement.

Acknowledgment

The preparation of this Code has required considerable time and effort on the part of village officials, particularly in the review and discussion of existing and proposed legislation. The assistance of Dr. Anna A. Martorana, Mayor; Anthony J. Barone Jr., Esq., Village Attorney; and the entire Board of Trustees is gratefully acknowledged by the editor. Special acknowledgment is given to the Village Clerk-Treasurer Joyce M. Rauker for her continuing help in this undertaking. The dedication to the tasks involved in the preparation of this Code by all concerned makes it an outstanding achievement of the Village of Farnham.

The codification of the legislation of the Village of Farnham reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code Publishers Corp. that this Code will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, “The law is the last result of human wisdom acting upon human experience for the benefit of the public.”

vT A B L E O F C O N T E N T S

PART IADMINISTRATIVE LEGISLATION

CHAPTER PAGE

1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . 101Article I Adoption of CodeArticle II Definition of TermsArticle III General Penalty

2. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2013. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3014. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4015. Boundaries, Village . . . . . . . . . . . . . . . . . . . . . . . . 5016. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6017. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7018. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8019. Ethics, Code of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90110. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100111. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110112. Fire Department . . . . . . . . . . . . . . . . . . . . . . . . . . 120113. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130114. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140115. Local Laws, Adoption of . . . . . . . . . . . . . . . . . . . . 150116. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160117. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170118. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180119. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190120. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200121. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210122. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220123. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2301

vi 6-25-93

FARNHAM CODECHAPTER PAGE

PART IIGENERAL LEGISLATION

24. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240125. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250126. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260127. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270128. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280129. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290130. Bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300131. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310132. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320133. Bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330134. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340135. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350136. Brush, Grass and Weeds . . . . . . . . . . . . . . . . . . . . 360137. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370138. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380139. Buildings, Unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . 390140. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400141. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410142. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420143. Curfew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430144. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440145. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450146. Dogs and Other Animals . . . . . . . . . . . . . . . . . . . . 4601

Article I Sanitary RequirementsArticle II Domestic Animals

47. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470148. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480149. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 490150. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500151. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510152. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520153. Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530154. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540155. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5501

vii 6-25-93

TABLE OF CONTENTSCHAPTER PAGE

56. Fire Prevention and Building Construction . . . . . 560157. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570158. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580159. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590160. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600161. Games of Chance . . . . . . . . . . . . . . . . . . . . . . . . . . 610162. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620163. Garbage, Rubbish, Refuse and Recycling . . . . . . . 630164. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640165. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650166. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660167. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670168. Licensed Occupations . . . . . . . . . . . . . . . . . . . . . . 680169. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690170. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700171. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 710172. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 720173. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730174. Peace and Good Order . . . . . . . . . . . . . . . . . . . . . 740175. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 750176. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 760177. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 770178. Records, Public Access to . . . . . . . . . . . . . . . . . . . 780179. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 790180. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 800181. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 810182. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 820183. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 830184. Streets and Sidewalks . . . . . . . . . . . . . . . . . . . . . . 8401

Article I General ProvisionsArticle II Sidewalk Construction or Repair

85. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 850186. Subdivision of Land . . . . . . . . . . . . . . . . . . . . . . . . 860187. Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8701

Article I Gross Receipts Utility TaxArticle II Termination of Status as Assessing Unit

xiii 6-25-93


88. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 880189. Trailers and Trailer Camps . . . . . . . . . . . . . . . . . . 890190. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 900191. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910192. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 920193. Vehicles and Traffic . . . . . . . . . . . . . . . . . . . . . . . . 9301

Article I General ProvisionsArticle II Speed LimitsArticle III Overnight Parking

94. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 940195. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 950196. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 960197. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9701

Article I General ProvisionsArticle II Rules and RegulationsArticle III Meters

98. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 980199. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9901100. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10001101. Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10101102. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10201103. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10301104. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10401105. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10501106. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10601

New laws created can be found following the last chapter.

ix 6-25-93


APPENDIX

A107. (Reserved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A10701A108. Table of Required Licenses and Permits . . . . . . . A10801

INDEX

X 6-25-93

P A R T I

ADMINISTRATIVELEGISLATION

GENERAL PROVISIONS

Chapter 1

GENERAL PROVISIONS

ARTICLE IAdoption of Code

§ 1-1. Legislative intent§ 1-2. Distribution of local laws, ordinances and resolutions.§ 1-3. Continuation of existing provisions.§ 1-4. Repeal of enactments not included in Code.§ 1-5. Enactments saved from repeal; matters not affected.§ 1-6. Severability.§ 1-7. Copy of Code on file.§ 1-8. Amendments to Code.§ 1-9. Code book to be kept up-to-date.§ 1-10. Sale of Code book; supplementation.§ 1-11. Penalties for tampering with Code.§ 1-12. Changes in previously adopted legislation.§ 1-13. Incorporation of provisions into Code.§ 1-14. When effective.

ARTICLE IIDefinitions of Terms

§ 1-15. Terms defined.

ARTICLE IIIGeneral Penalty

§ 1-16. Penalties for offenses.

101 7-23-89

§ 1-1 FARNHAM CODE § 1-2

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham: Art. I, 5-13-89 as L.L. No. 1-1989; Art. II, 8-22-55 as Art. I of the 1955 Compilation; Art. III, 8-22-55 as Art. III of the 1955 Compilation; amended in its entirety at time of adoption of Code 5-13-89 by L.L. No. 1-1989 (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]

ARTICLE IAdoption of Code

[Adopted 5-13-89 as L.L. No. 1-1989]

Be it enacted by the Board of Trustees of the Village of Farnham, County of Erie, New York, as follows:

§ 1-1. Legislative intent.

In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Village of Farnham referred to in § 1-2 below shall be known collectively as the “Code of the Village of Farnham,” hearafter termed the “Code,” and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this Article. Wherever reference is made in any of the local laws, ordinances and resolutions contained in the “Code of the Village of Farnham” to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, Article number or section number appearing below, as if such local law, ordinance or resolution had been formally amended to so read.

§ 1-2. Distribution of local laws, ordinances and resolutions.

Derivation Table

(Sections providing for severability of provisions, repeal of conflicting legislation and effective dates which are covered by provisions of this local law have been omitted from the Code, and such sections are indicated as “Omitted” in the table which follows.)

102 7-25-89

§ 1-2 GENERAL PROVISIONS § 1-2

New Number(chapter, title, Old Number Adoption orArticle, section) (source) Amendment Date

Ch. 1, General Provisions

Art. II, Definition of Terms Art. I 8/22/55§ 1-15 § 1

Art. III, General Penalty Art. III 8-22-55; amended in its entirety itsentirety at time of adoption of Code

§ 1-16

Ch. 5, Boundaries, Village Art. II 8-22-55

§ 5-1 § 1

Ch. 9, Ethics, Code of L.L. No. 1-1970 6-22-70

§ 9-1 Art. I, § 1§ 9-2 Art. I, § 2§ 9-3 Art. II, § 1 Amended at time of adoption of

Code§ 9-4 Art. II, § 2§ 9-5 Art. II, § 3§ 9-6 Art. II. § 4§ 9-7 Art. III§ 9-8 Art. IV Amended at time of adoption of

CodeOmitted Art. VOmitted Art. VI

Ch. 12, Fire Department L.L. No. 2-1972 9-12-72

§ 12-1 First, second and third Amended at time of paragraphs paragraphs adoption of Code

§ 12-2 Fourth paragraph§ 12-3 Fifth paragraph

103 7 – 25 – 89



Omitted Sixth paragraph

Ch. 15, Local Laws, Adoption of L.L. No. 1-1967 4-10-67

§ 15-1 § 1 Amended at time of adoption of Code

§ 15-2 §§ 2 and 3§ 15-3 § 4§ 15-4 § 5Omitted § 6

Ch. 30, Bicycles Art. VIII 8-22-55

§ 1 Deleted at time of adoption of Code

§ 30-1 § 2§ 30-2 § 3 Amended at time of adoption of

CodeCh. 33, Bingo Ordinance 2/24/58, approved 3-18-58§ 33-1 § 1 Amended at time of adoption of

Code§ 33-2 § 2, Subd. 1 through 5 and 7 Amended at time of adoption of

Code § 33-3 § 3§ 33-4 § 2, Subd. 6Omitted § 4

Ch. 36, Brush, Grass and Weeds Adopted at time of adoption of Code

§ 36-1§ 36-2§ 36-3§ 36-4§ 36-5§ 36-6§ 36-7

104 7 – 23 – 89



Ch. 39, Buildings, Unsafe L.L. No. 1-1976 12-21-76

§ 39-1 UNSAFE BUILDING DEFINED

§ 39-2 STANDARDS FOR REPAIR, Amended at time of adoption of Code

DEMOLITION

§ 39-3 UNSAFE BUILDINGS: NUISANCES

§ 39-4 DUTIES OF BUILDING Amended at time of adoption of Code

INSPECTOR

§ 39-5 DUTIES OF BOARD OF Amended at time of adoption of Code

TRUSTEES

§ 39-6 VIOLATION AND PENALTIES Amended at time of adoption of Code

§ 39-7 EMERGENCY CASES Amended at time of adoption of Code

§ 39-8 WHERE OWNER ABSENTFROM THE VILLAGE

§ 39-9 ADMINISTRATIVE LIABILITY

§ 39-10 DUTIES OF FIREMEN and Amended at time of adoption of Code

DUTIES OF POLICE DEPARTMENT

105 7 – 25 – 89



Ch. 43, Curfew Art. XII 8-22-55

§ 43-1 § 1, first paragraph Amended at time of adoption of Code

§ 43-2 § 1, second and third Amended at time of adoption of paragraphs Code

Ch. 46, Dogs and Other Animals

Art. I, Sanitary Requirements Art. XI § 2 8-22-55§ 46-1 § 2§ 46-2 Added at time of adoption of Code

Art. II, Domestic Animals L.L. No. 1-1975 9-23-75§ 46-3 § 1§ 46-4 § 2§ 46-5 § 3§ 46-6 § 4§ 46-7 § 5§ 46-8 § 6§ 46-9 § 7§ 46-10 § 8§ 46-11 § 9§ 46-12 § 10§ 46-13 § 11§ 46-14 § 12§ 46-15 § 13 Amended at time of adoption of

CodeOmitted § 14

Ch. 53, Firearms Art. XIII 8-22-55

§ 53-1 § 1, first sentence§ 53-2 § 1, second sentence Amended at time of adoption of

Code

106 7 – 25 – 89



Ch. 56, Fire Prevention and L.L. No. 3-1985 5-21-85Building Construction


Omitted § 2§ 56-2 § 3 Amended at time of adoption of

CodeOmitted § 4§ 56-3 § 5 Amended at time of adoption of

Code§ 56-4 § 6 Amended at time of adoption of




Code§ 56-8 § 10



Ch. 61, Games of Chance L.L. No. 1-1977 1-11-77, approved 3-15-77

§ 61-1 § I§ 61-2 § II§ 61-3 § III§ 61-4 § IV§ 61-5 § V§ 61-6 § VIOmitted § VII

107 7 – 25 - 89



Ch. 68, Licensed Occupations Art. X 8-22-55; amended in its entirety at time of adoption of Code

§ 68-1§ 68-2§ 68-3§ 68-4§ 68-5§ 68-6§ 68-7

Ch. 74, Peace and Good Order Art. IV 8/22/55

§ 74-1 § 1§ 74-2 § 2§ 74-3 § 3§ 74-4 § 4§ 74-5 § 5 Amended at time of adoption of

Code§ 74-6 § 6


§ 74-7 §§ 8 and 9§ 10 Deleted at time of adoption of

Code§ 74-8 § 11§ 74-9 § 12 Amended at time of adoption of

Code§ 74-10 § 13§ 74-11 Added at time of adoption of Code

Ch. 78, Records, Public Access to Adopted at time of adoption of Code

§ 78-1§ 78-2

108 7 – 25 – 89



§ 78-3§ 78-4 § 78-5§ 78-6§ 78-7§ 78-8§ 78-9

Ch. 84, Streets and Sidewalks

Art. I, General Provisions Art. VI 8-22-55

§ 84-1 § 1§ 84-2 § 2§ 84-3 § 3§ 84-4 § 4§ 84-5 § 5§ 84-6 Added at time of adoption of Code

Art. II, Sidewalk Construction or Art. V 8-22-55Repair

§ 84-7 § 1§ 84-8 § 2§ 84-9 § 3§ 84-10 § 4§ 84-11 § 5§ 84-12 § 6§ 84-13 § 7 Amended at time of adoption of

Code

Ch. 86, Subdivision of Land Adopted at time of adoption of Code

Art. I§ 86-1§ 86-2

109 7 – 25 - 89



§ 86-3§ 86-4

Art. II§ 86-5§ 86-6§ 86-7§ 86-8§ 86-9§ 86-10§ 86-11§ 86-12

Art. III§ 86-13§ 86-14§ 86-15 § 86-16§ 86-17§ 86-18§ 86-19§ 86-20§ 86-21§ 86-22

Art. IV§ 86-23§ 86-24

Art. V§ 86-25§ 86-26

Art. VI§ 86-27§ 86-28

110 7 – 25 – 89



Ch. 89, Trailers and Trailer Parks Ordinance 1-23-61


§ 89-2 § 2§ 89-3 § 3 Amended at time of adoption of


Code§ 89-5 § 5§ 89-6 § 6§ 89-7 § 7 Amended at time of adoption of

Code

Omitted § 8

Ch. 93, Vehicles and Traffic

Art. I, General Provisions Art. VIII 8-22-55 § 1 Deleted at time of adoption of

Code§ 93-1 § 2§ 93-2 § 3§ 93-3 § 4 § 93-4 § 5§ 93-5 § 6§ 93-6 § 7§ 93-7 § 8§ 93-8 § 9§ 93-9 § 10



111 7 – 25 - 89



Art. II, Speed Limits Ordinance 7-20-59§ 93-11 § 1§ 93-12 § 2§ 93-13 § 3 Amended at time of adoption of

Code

Art. III, Overnight Parking L.L. No. 2-1968 11-25-68§ 93-14 § 1Omitted § 2 § 93-15 § 3 Amended at time of adoption of

Code

Ch. 97, Water

Art. I, General Provisions Adopted at time of adoption of Code

§ 97-1 § 97-2§ 97-3§ 97-4§ 97-5§ 97-6§ 97-7§ 97-8§ 97-9§ 97-10§ 97-11§ 97-12§ 97-13§ 97-14

Art. II, Rules and Regulations Resolution 9-17-85§ 97-15 Item 1§ 97-16 Items 2, 3, 4, 5, 6 and 8 Amended at time of adoption of

Code§ 97-17 Item 7

112 7 – 25 - 89



§ 97-18 Item 9§ 97-19 Item 10§ 97-20 Unnumbered item

Art. III, Meters Motion 6-16-87§ 97-21 Unnumbered paragraph

Ch. 101, Zoning L.L. No. 1-1979 3-27-79

Art. I§ 101-1 Art. I, first paragraph Amended at time of adoption of

Code§ 101-2 § 1-1 Amended at time of adoption of

Code§ 101-3 § 1-2§ 101-4 § 2-1 Amended at time of adoption of

Code§ 101-5 § 2-2 Amended 5-21-85 by L.L. No. 1-

1985;5-21-85 by L.L. No. 2-1985; 3-17-87 by L.L. No. 1-1987; at time of adoption of Code

§ 101-6 § 3-1§ 101-7 §§ 3-2, 3-4, 3-5 and 3-3 Deleted at time of adoption of

Code§ 101-8 §§ 3-7 and 3-8§ 101-9 § 3-9

Art. II§ 101-10 § 4-1§ 101-11 § 4-2 Amended at time of adoption of


Code

113 7 – 25 - 89



Art. III§ 101-13 § 5-1§ 101-14 § 5-1.1 Added 3-17-87 by L.L. No. 2-1987§ 101-15 § 5-2 Amended at time of adoption of

Code§ 101-16 § 5-3§ 101-17 § 5-4§ 101-18 § 5-5§ 101-19 § 5-6§ 101-20 Art. VI

Art. IV§ 101-21 § 8-1§ 101-22 § 8-2 Amended at time of adoption of

Code§ 101-23 § 8-3§ 101-24 §§ 8-4 and 8-5 Amended at time of adoption of

Code

Art. V§ 101-25 § 9-1§ 101-26 § 9-2§ 101-27 § 9-3§ 101-28 § 9-4§ 101-29 § 9-5§ 101-30 § 9-6§ 101-31 § 9-7

Art. VI§ 101-32 § 10-1 Amended at time of adoption of

Code§ 101-33 § 10-2§ 101-34 § 10-3.1, 10-3.2 and 10-3.3 Amended at time of adoption of

Code§ 101-35 § 10-3.4

114 7 – 25 - 89



Art. VII Amended 5-21-85 by L.L. No. 1-1985; 3-17-87 by L.L. No. 1-1987

§ 101-36 § 11-2§ 101-37 § 11-3§ 101-38 § 11-3.1§ 101-39 § 11-3.2 Amended at time of adoption of

Code§ 101-40 § 11-4§ 101-41 § 11-5 Amended at time of adoption of

Code

Art. VIII§ 101-42 §§ 12-1, 12-2, 12-3, 12-4, Amended at time of adoption of

Code12-5, 12-6, 12-7, 12-8 and12-9

§ 101-43 § 12-10 Amended at time of adoption of Code




Art. IX§ 101-47 § 13-1 Amended at time of adoption of




Code§ 101-51 §§ 13-5 and 13-6 Amended at time of adoption of

Code

115 7 – 25 - 89





§ 101-54 § 13-9§ 101-55 §§ 14-1, 14-2 and 14-3§ 101-56 § 15-1 Amended at time of adoption of

Code§ 101-57 § 16-1Omitted § 16-2Omitted § 17-1Omitted § 17-2Schedule of Area, Lot and Bulk Schedule of Area, Lot and Amended at time of adoption of Requirements Bulk Requirements Code

§ 1-3. Continuation of existing provisions.

The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, as distributed and renumbered in § 1-1 above, are intended as a new continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Trustees of the Village of Farnham, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-4 below.

116 7 – 25 – 89


§ 1-4. Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Village of Farnham in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.

§ 1-5. Enactments saved from repeal; matters not affected.

The repeal of local laws and ordinances provided for in § 1-4 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal.

A. Any right or liability established, accrued or incurred under any legislative provision of the Village of Farnham prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.

B. An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Village of Farnham, or any penalty, punishment or forfeiture which may result therefrom.

C. Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Village of Farnham.

D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Village of Farnham.

E. Any local law of ordinance of the Village of Farnham providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Village of Farnham or any portion thereof.

117 7 – 25 – 89


F. Any local law or ordinance of the Village of Farnham appropriating money or transferring funds, promising or guaranteeing the payment of money or

authorizing the issuance and delivery of any bond of the Village of Farnham or other instruments or evidence of the village’s indeptedness.

G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

H. The levy or imposition of special assessments or charges.

I. The dedication of property.

J. Any legislation relating to salaries.

K. Any local law or ordinance amending the Zoning Map.

L. All legislation adopted subsequent to June 16, 1987.

§ 1-7. Copy of Code on file.

A copy of the Code, in loose-leaf form, has been filed in the office of the Village Clerk of the Village of Farnham and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified to by the Village Clerk of the Village of Farnham by impressing thereon the Seal of the Village of Farnham, and such certified copy shall remain on file in the office of said Village Clerk to be made available to persons desiring to examine the same during all times while the said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

118 7 – 25 - 89


§ 1-8. Amendments to Code.

Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the “Code of the Village of Farnham.” or any new local laws or resolutions, when enacted or adopted in such form as to indicate the intention of the Board of Trustees to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, in the loose-leaf book containing said Code, as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Board of Trustees deems desirable.

§ 1-9. Code book to be kept up-to-date.

It shall be the duty of the Village Clerk to keep up-to-date the certified copy of the book containing the Code of the Village of Farnham required to be filed in the office of the Village Clerk for use by the public. All changes in said Code and all local laws and resolutions adopted by the Board of Trustees subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws or resolutions until such changes, local laws or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-10. Sale of Code book; supplementation.

Copies of the Code may be purchased from the Village Clerk of the Village of Farnham upon the payment of a fee to be set by resolution of the Board of Trustees, which Board may also arrange by resolution for procedures for the periodic supplementation thereof.

119 7 – 25 – 89


§ 1-11. Penalties for tampering with Code.

Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Farnham, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Farnham to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment for a term of not more than fifteen (15) days, or both.

§ 1-12. Changes in previously adopted legislation.

A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Village of Farnham, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) or more of said pieces of legislation. It is the intention of the Board of Trustees that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.

B. In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)1

___________________1 Editor’s Note: Pursuant to § 1-12B, the following chapters, Articles and sections were added,

amended or adopted: Ch. 1, Art. III: §§ 9-3, 9-8C, 12-1, 33-1 and 33-2; Ch. 36; §§ 43-1B, C and D, 46-15, 56-1, 56-2, 56-3, 56-4A, 56-5A, 56-6A, 56-7 and 56-9; Ch. 68; §§ 74-5 and 74-9; Chs. 78 and 86; §§ 89-1, 89-4B, 93-10, 93-13B and 93-15; h. 97, Art. I; §§ 101-1, 101-2, 101-4, 101-5, 101-11B(8) through (13), 101-12B(7) through (19), 101-15A, 101-24D(4), Requirements. The following sections were deleted; former Sec. 1 of Art. VIII of the 1955 Compilation; former §§ 6.4 and 11 of L.L. No. 3-1985; former §§ 7 and 10 of Art. IV of the 1955 Compilation; former §§ 1 and 11 of Art. VII of the 1955 Compilation; and former § 3-3 of L.L. No. 1-1979.

120 7 – 25 - 89


C. In addition to the changes enumerated in Subsections A and B above, the following sections are hereby amended to delete specific fees and to provide that such fees shall be as set forth from time to time by resolution of the Board of Trustees. 2

D. In addition to the changes enumerated in Subsections A, B and C above, the following sections are hereby amended to change “Building Inspector,” “Zoning Officer” and “Zoning Inspector” to “Code Enforcement Officer.”3

E. Penalties. In addition to the changes enumerated in Subsections A, B, C and D above:

(1) New §§ 46-2, 74-11, 84-6 and 89-7 are hereby added to read as follows:

Penalties for offenses.

Any person who violates any provision of this Article shall, upon conviction thereof, be subject to the penalties set forth in § 1-16 of this Code.

(2) The following sections are hereby amended to delete the specific penalty and to refer to the general penalty in § 1-16 of the Code.4

§ 1-13. Incorporation of provisions into Code.

The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Village of Farnham, such local law to be entitled “General Provisions, Article I, Adoption of Code,” and the sections of this local law shall be numbered §§ 1-1 to 1-14, inclusive.

_________________ 2 Editor’s Note: Pursuant to § 1-12C, the following sections were amended: §§ 89-3, 97-16, 101-39B and 101-52A. 3 Editor’s Note: Pursuant to § 1-12D, the following sections were amended: §§ 39-2, 39-4, 39-5A, B and E, 39-7, 39-10, 101-22, 101-24A(8), B(5), and G(2)(h), 101-32G, H and J(1), 101-42I, 101-44A, 101-47, 101-48, 101-49. 101-50, 101-51A, B(3) and (4), C(1) and (2), D(3) and (4) and E(6), 101-53 and 101-56B and C. 4 Editor’s Note: Pursuant to § 1-12E(2), the following sections were amended: §§ 30-2, 39-6, 43-2, 53-2, 84-13, 101-41A and 101-56A.

121 7 – 25 – 89


§ 1-14. When effective.

This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

ARTICLE IIDefinition of Terms

[Adopted 8-22-55 as Art. I of the 1955 Compilation]

§ 1-15. Terms defined.

As used in this Code, the following terms shall have the meanings indicated:VILLAGE – The Village of Farnham, Erie County, New York, a municipal corporation.

ARTICLE IIIGeneral Penalty

[Adopted 8-22-55 as Art. III of the 1955 Compilation;amended in it entirety at time of adoption

of Code 5-13-89 by L.L. 1-1989]


Except as otherwise provided in this Code, any person who violates any provision of this Code shall, upon conviction thereof, be subject to a fine not to exceed two hundred fifty dollars ($250.) or to imprisonment for a term not to exceed fifteen (15) days or both.

122 7 – 25 – 89

§ 5-1 BOUNDARIES, VILLAGE § 5-1

Chapter 5

BOUNDARIES, VILLAGE

§ 5-1. Designation of applicability of Code provisions.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 8-22-55 as Art. II of the 1955 Compilation. Amendments noted where applicable.]

§ 5-1. Designation of applicability of Code provisions.

The boundaries of the village within which this Code is applicable are shown on the map of the Village of Farnham on file in the Village Clerk’s office.

501

§ 9-1 ETHICS, CODE OF § 9-1

Chapter 9

ETHICS, CODE OF

§ 9-1. Intent.§ 9-2. Applicability.§ 9-3. Definitions.§ 9-4. Conflicts of interest prohibited.§ 9-5. Standards of conduct.§ 9-6. Penalties for offenses§ 9-7. Board of Ethics§ 9-8. Administration of provisions.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 6-22-70 as L.L. No. 1-1970. Sections 9-3 and 9-8C amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 9-1. Intent.

The Village Board of the Village of Farnham recognizes that there are state statutory provisions authorizing towns to establish rules and standards of ethical conduct for public officers and employees which, if observed, can enhance public confidence in local government. In the light of a tendency today on the part of some people to downgrade our local governments and to discredit our public servants and our free institutions generally, it appears necessary that every effort be made to assure the highest caliber of public administration of this village as part of our state’s important system of local government. It is the purpose of this chapter to implement this objective through the establishment of standards of conduct, to provide for punishment of violation of such standards and to create a Board of Ethics to render advisory opinions to the village’s officers and employees as provided for herein.

901


§ 9-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

VILLAGE – Any board, commission, district, council or other agency, department or unit of the government of the Village of Farnham.

VILLAGE OFFICER OR EMPLOYEE – An officer or employee of the Village of Farnham, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a “village officer or employee” solely by reason of being a volunteer fireman or civil defense volunteer, except a Fire Chief or Assistant Fire Chief.1

§ 9-4. Conflicts of interest prohibited.

No village employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties in the public interest.

__________________1 Editor’s Note: Amended at time of adoption of Code; see Ch. 1. General Provisions, Art. I.

902


§ 9-5. Standards of conduct.

A. No village employee shall accept other employment which will impair his independence of judgment in the exercise of his official duties.

B. No village employee shall accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority.

C. No village employee shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others.

D. No village employee shall engage in any transaction as representative or agent of the village with any business entity in which he has a direct or indirect financial interest that might reasonably tend to conflict with the proper discharge of his official duties.

E. A village employee shall not by his conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official duties, or that he is affected by the kinship, rank, position or influence of any party or person.

F. Each village employee shall abstain from making personal investments in enterprises which he has reason to believe may be directly involved in decisions to be made by him or which will otherwise create substantial conflict between his duty in the public interest and his private interest.

G. Each village employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.

H. No village employee employed on a full-time basis nor any firm or association of which such employee is a member nor corporation a substantial portion of the stock of which in owned or controlled directly or indirectly by such employee shall sell goods or services to any person, firm, corporation or

903


association which is licensed or whose rates are fixed by the village in which such employee serves or is employed.


In addition to any penalty contained in any other provision of law, any such village employee who shall knowingly and intentionally violate any of the provisions of this chapter may be fined, suspended or removed from office or employment in the manner provided by law.

§ 9-7. Board of Ethics.

A. There is hereby established a Board of Ethics consisting of three (3) members to be appointed by the Village Board, all of whom reside in the Village of Farnham and who shall serve without compensation and at the pleasure of the Village Board of the Village of Farnham. A majority of such members shall be persons other than village employees, but shall include at least one (1) member who is an elected or appointed village employee of the Village of Farnham.

B. The Board of Ethics established hereunder shall render advisory opinions to village employees on written request and, upon request of the Village Board, make recommendations to such Village Board as to any amendments of this chapter. The opinions of the Board of Ethics shall be advisory and confidential and in no event shall the identity of the village employee be disclosed except to authorized persons and agencies. Such opinions shall be on the advice of counsel employed by the Board of Ethics or, if none, of the Village Attorney.

C. Such Board of Ethics, upon its formation, shall promulgate its own rules and regulations as to its form and procedures and shall maintain appropriate records of its opionions and proceedings.

904


§ 9-8. Administration of provisions.

A. Upon the adoption of this chapter, the Village Mayor shall cause a copy thereof to be distributed to every village employee of this village. Failure to distribute any such copy or failure of any village employee to receive such copy shall have no effect on the duty of compliance with this Code, nor the enforcement of provisions hereof. The Village Mayor shall further cause a copy of this chapter to be kept posted conspicuously in each public building under the jurisdiction of the village. Failure to so post this chapter shall have no effect on the duty of compliance herewith, nor the enforcement of provisions hereof.

B. Within thirty (30) days of the adoption of this chapter, the Village Clerk shall file a copy thereof in the office of the State Comptroller.

C. The Village Board may appropriate moneys from the general village funds for the maintenance of any staff for personnel services to the Board of Ethics established hereunder, but such Board of Ethics may not commit the expenditure of village moneys except within the appropriations provided herein.2

__________________2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

905

§ 12-1 FIRE DEPARTMENT § 12-1

Chapter 12

FIRE DEPARTMENT

§ 12-1. Annual meeting and election of officers.§ 12-2. Certification of election results.§ 12-3. Applicability of state law.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 9-12-72 as L.L. No. 2-1972. Section 12-1 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention and building construction – See Ch. 56.

§ 12-1. Annual meeting and election of officers.1

Section 10-1010 of the Village Law is hereby amended to change the time of the annual election to the first Tuesday in January in each year, and to read as follows in respect to election of company or department officers and delegates, qualifications and terms of office:

A. The members of the Farnham Volunteer Fire Company No. 1, Incorporated, of said village shall hold an annual meeting on the first Tuesday in January 1973 and in each year following, unless said first Tuesday is a holiday, then said election would be held on the next Tuesday following said holiday.

B. At such meeting, the members shall elect by ballot from their own members as officers of the Farnham Volunteer Fire Company, Incorporated, the following officers:

_____________1 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

1201


(1) Chief.

(2) First Assistant Chief.

(3) Foreman.

(4) Captain.

(5) Lieutenant.

(6) President.

(7) First Vice President.

(8) Second Vice President.

(9) Secretary.

(10) Treasurer.

§ 12-2. Certification of election results.

Immediately following such election, the person acting as Secretary of the annual meeting shall certify the results of the election in writing to the Board of Trustees.

§ 12-3. Applicability of state law.

All other provisions of the Village Law in respect to firemen not inconsistent herewith are hereby ratified and confirmed.

1202

PART II

GENERALLEGISLATION

§ 15-1 LOCAL LAWS, ADOPTION OF § 15-2

Chapter 15

LOCAL LAWS, ADOPTION OF

§ 15-1. Public hearing required; notice.§ 15-2. Posting of copies.§ 15-3. Proof of publication and posting.§ 15-4. Numbering.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 4-10-1967 by L.L. No. 1-1967. Amendments noted where applicable.]

§ 15-1. Public hearing required; notice. [Amended 5-13-1989 by LL. No. 1-1989]

No local law shall be adopted by the Village Board of the Village of Farnham, until a public hearing has been held thereon in its final form before such Village Board not less than three days after public notice has been given of the time and place of the holding of such public hearing. Such notice shall be given by the Village Clerk by causing the same to be published once in the official newspaper of the village. Such notice shall contain the title of the proposed local law and a brief explanatory statement thereof.

§ 15-2. Posting of copies.

The Village Clerk shall cause to be printed or otherwise reproduced copies of such proposed local law and shall, not later than the day such notice is published, post one such copy, together with the notice of hearing on the signboard at her office and shall also make copies of such proposed local law available at her office for inspection by and distribution to any interested person during business hours.1

1501 4 – 20 - 2001


§ 15-3 Proof of publication and posting. [Amended 2-20-2001 by L.L. No. 1-2001]

Proof of publication of the notice of the public hearing required by § 15-1 hereof shall be filed in the office of the Village Clerk.

§ 15-4. Numbering.

Each local law shall be numbered consecutively beginning with the Number One for each calendar year. When a local law if finally adopted, and certified copies thereof are required by § 27 of the Municipal Home Rule Law to be filed in the offices of the Village Clerk, the State Comptroller and the Secretary of State, the Village Clerk shall accordingly assign to such local law its appropriate number.

_____________________1 Editor’s Notes: Former Subsection B, regarding posting and publication of adopted local laws, which immediately followed this section, was repealed 2-20-2001 by L.L. No. 1-2001.

1502 4 – 20 – 2001

§ 30-1 BICYCLES § 30-2

Chapter 30

BICYCLES

§ 30-1. Operation and parking on sidewalks.§ 30-2. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 8-22-55 as Art. VIII of the 1955 Compilation. Section 30-2 amended at time of adoption of Code; see Ch. 1, General Provsions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCESGeneral penalty – See Ch.1, Art. III.Streets and sidewalks – See Ch. 84.Vehicles and traffic – See Ch. 93.

§ 30-1.1 Operation and parking on sidewalks

No bicycle shall be operated on any sidewalk in the village, and no bicycle shall be parked on any sidewalk or crosswalk by operators over sixteen (16).

§ 30-2. Penalties for offenses.2

Every person violating any provision of this chapter shall be subject to the penalties set forth in § 1=16 of this Code.

______________1 Editor’s Note: Former Sec. 1, dealing with required equipment, which immediately preceded this section, was deleted at time of adoption of Code: see Ch. 1. General Provisions.Art. I2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

3001

§ 33-1 BINGO §

Chapter 33

BINGO

§ 33-1. Conduct of games authorized.§ 33-2. Restrictions on conduct of games.§ 33-3. Applicability of statute.§ 33-4. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 2-24-58, passed at referendum 3-18-58. Sections 33-1 and 33-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCESGames of change – See Ch. 61.

§ 33-1. Conduct of games authorized.1

The conduct of bingo games by an authorized organization within the territorial limits of the Village of Farnham shall be lawful subject to the provisions of this chapter and also the provisions of Article 14-H of the General Municipal Law and the provisions of the State Bingo Control Law of the State of New York.2

§ 33-2. Restrictions on conduct of games.3

A. No person, firm, association, corporation or organization, other than a licensee under the provisions of Article 14-H of General municipal Law, shall conduct such game, or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.

___________________1 Editor’s Note: Amended at time of adoption of Code; see Ch. 1. General Provisions, Art. I.2 Editor’s Note: See § 43 et seq. of the Executive Law.3. Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

3301


B. No bingo games shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such games.

C. No authorized organization licensed under the provisions of Article 14-H of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law4 or from another authorized organization.

D. The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.

E. No prize shall exceed the sum or value of two hundred fifty dollars ($250.) in any single game of bingo.

F. No series of prizes on any one (1) bingo occasion shall aggregate more than one thousand dollars ($1000.).

G. No person except a bona fide member of any such organization shall participate in the management or operation of such game.

H. No person shall receive any remuneration for participating in the management or operation of any game of bingo.

I. Limited-period bingo shall be conducted in accordance with the provisions of Article 14-H of the General Municipal Law and the rules and regulations of the commission.

§ 33-3. Applicability of statute.

All of the provisions of §§ 475 to 499, inclusive, of the General Municipal Law of the State of New York and amendments thereto are hereby made a part of this chapter.

__________________4 Editors Note: See § 430 et. seq. of the Executive Law.

3302

§ 33-4 BINGO § 33-4


The unauthorized conduct of a bingo game and any willful violation of any provisions of this chapter shall constitute and be punishable as a misdeameanor.

3303

§ 36-1 BRUSH, GRASS AND WEEDS § 36-1

Chapter 36

BRUSH, GRASS AND WEEDS

§ 36.1. Removal of weeds and other vegetataion.§ 36-2. Determination of existence of hazard or nuisance.§ 36-3. Notice to owner.§ 36-4. Noncompliance.§ 36-5. Removal by village; cost as lien.§ 36-6. Enforcing authority.§ 36-7. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

GENERAL REFERENCES

General penalty – See Ch. 1, Art. III.

§ 36-1. Removal of weeds and other vegetation.

Every owner of any lot, land or place in the Village of Farnham is hereby required to cut, trim or otherwise remove or to cause to be cut, trimmed or otherwise removed all weeds, grass, brush or other uncultivated vegetation or accumulation of dead weeds, grass or brush, as shall constitute a health hazard, fire hazard, safety or traffic hazard or public nuisance.

3601


§ 36-2. Determination of existence of hazard or nuisance.

The Board of Trustees or its duly designated representative shall determine if any such growth of weeds, grass, brush or other such uncultivated vegetation or accumulation of dead weeds, grass or brush constitutes a health hazard, fire hazard, safety or traffic hazard or public nuisance.

§ 36-3. Notice to owner.

After it has been determined that a health hazard, fire hazard, safety or traffic hazard of public nuisance exists as a result of the existence of weeds, grass, brush or other uncultivated vegetation or accumulation of dead weeds, grass or brush, the Village Clerk shall give notice to the owner of such lot, land or place that such condition exists, by mailing to such owner a written notice at his last known address.

§ 36-4. Noncompliance.

A person upon whom notice has been served to cut, trim or remove such noxious long grass or rank growths and who for five (5) days after service shall neglect or fail to comply with the provisions of any such notice shall be deemed to have violated this chapter.

§ 36-5. Removal by village; cost as lien.

If, after the expiration of ten (10) days from the date of mailing the notice provided in § 36-4, the owner shall fail to comply with the requirements of § 36-1, the Board of Trustees by its duly designated representative shall have the power to cut, trip or remove such weeds, grass, brush or other uncultivated vegetation or accumulateion of dead weeds, grass or brush on any such lot, land or place in the Village of Farnham, and the experience thereof shall be charged to the property so affected by including such expense in the next annual tax levy against the property, pursuant to the Village Law of New York.

3602

§ 36-6 BRUSH, GRASS AND WEEDS § 36-7

§ 36-6. Enforcing authority.

Any member of the Board of Trustees or any duly authorized officers or agents of the Board of Trustees are hereby empowered to enforce the provisions of this chapter.


Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-16 of this code.

3603

§ 39-1 BUILDINGS, UNSAFE § 39-1

Chapter 39

BUILDINGS, UNSAFE

§ 39-1. Definitions.§ 39-2. Standards for repair, vacation or demolition.§ 39-3. Declaration of nuisance.§ 39-4. Duties of Code Enforcement Officer.§ 39-5. Duties of Board of Trustees.§ 39-6. Penalties for offenses.§ 39-7. Emergency actions.§ 39-8. Absentee owners.§ 39-9. Liability.§ 39-10. Duties of Fire and Police Department.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 12-21-76 as L.L. No. 1-1976. Sections 39-2, 39-4, 39-5A, B and E, 39-6, 39-7 and 39-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

General penalty – See Ch. 1, Art, III.Fire prevention and building construction – See Ch. 56.



3901


UNSAFE BUILDING – All buildings or structures which have any or all of the following defects shall be deemed “unsafe buildings”:

A. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

B. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or covering.

C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.

D. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village of Farnham.

E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fall to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those living therein.

F. Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein.

G. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of escape.

H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

3902


I. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of this village.

J. Any building or structure which remains vacant and unattended continuously for a period of five (5) years.

§ 39-2. Standards for repair, vacation or demolition.1

The following standards shall be followed in substance by the Code Enforcement Officer and the Board of Trustees in ordering the repair, vacation or demolition of unsafe buildings.

A. If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.

B. If the unsafe building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated.

C. In any case where an unsafe building is fifty percent (50%) damaged or decayed, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist, in violation of the terms of this chapter, it shall be demolished. In all cases where an unsafe building is a fire hazard existing or erected in violation of the terms of this chapter or any other provisions of this Municipal Code or statute of the State of New York, it shall be demolished.

§ 39-3. Declaration of nuisance.

All unsafe buildings within the terms of the definition of “unsafe building” set forth in § 39-1 of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.

________________________1 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

3903


§ 39-4. Duties of Code Enforcement Officer.2

The Code Enforcement Officer shall:

A. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter.

B. Inspect any building, wall or structure reported (as hereinafter provided for) by the Fire or Police Departments of this village as probably existing in violation of the terms of this chapter.

C. Notify, personally or in writing, the owner or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail or certified addressed to the last known address, if any, of the owner or some one of the owner’s executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in the definition of “unsafe buildings” set forth in § 39-1 of this chapter.

(1) The owner must vacate or repair or demolish said building in accordancewith the terms of the notice and this chapter.

(2) The occupant or lessee must vacate said building or may have it repaired, in accordance with the notice, and remain in possession.

(2) Any mortgagee, agent or other persons having an interest in said building may, at his own risk, repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein.

__________________2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1. General Provisions, Art. I.

3904


D. Set forth in the notice provided for in Subsection C hereof, a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable.

E. Report to the Board of Trustees any noncompliance with the notice provided for in Subsections C and D hereof.

F. Appear at all hearings conducted by the Board of Trustees, and testify as to the condition of unsafe buildings.

G. Place a notice on all unsafe buildings reading as follows: “This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance

with the notice which has been given the owner or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner’s executors, legal representatives, agents, lessees or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by me to be an unsafe building within the standards set forth in the definition of ‘unsafe building’ in § 39-1 of the Village of Farnham Code. It is unlawful to remove this notice until such notice is complied with.”

§ 39-5. Duties of Board of Trustees.

The Board of Trustees shall:

A. Upon receipt of a report of the Code Enforcement Officer as provided for in § 39-4E hereof, give written notice to the owner, or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner’s executors, legal representatives, agents, lessees or other person having a vested

3905


or contingent interest in the same, as shown by the records of the Assessor or in the office of the County Clerk, of any building found by him to be an unsafe building within the standards set forth in the definition of “unsafe building” in § 39-1 of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer’s notice provided for herein in §39-4D.3

C. Make written findings of fact from the testimony offered pursuant to the Subsection B as to whether or not the building in question is an unsafe building within the terms of the definition of “unsafe building” in § 39-1 hereof.

D. Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner or some one of the owner’s executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property as shown by the records of the Assessor or in the office of the County Clerk, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except that the owners shall have the privilege of either vacating or repairing said unsafe building; or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building at his own risk to prevent the acquiring of a lien against the land upon which said unsafe building stands by the village as provided in Subsection E hereof.

___________________3 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art, I.4 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art, I.

3906


E. If such person fails to comply with the order provided for in Subsection D hereof, within ten (10) days, the Board of Trustees shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in § 39-2 and shall, with the assistance of the Village Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety or general welfare of the people of this village, the Code Enforcement Officer shall notify the Village Attorney to take legal action to force the owner to make all necessary repairs or demolish the building.5

F. Report to the Village Attorney the names of all persons not complying with the order provided for in Subsection D of this section.


The violation of any of the provisions of this chapter is hereby declared to be a violation pursuant to the Penal Law and shall be subject to the penalties set forth in § 1-16 of this Code.

§ 39-7. Emergency actions.7

In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building, as defined herein, is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Board of Trustees, and the Board of Trustees shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair,

______________5 Editor’s Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.6 Editor’s Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.7 Editor’s Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

3907


vacation or demolition of such unsafe building shall be collected in the same manner as provided in § 39-5E.

§ 39-8. Absentee owners.

In cases, except emergency cases, where the owner, occupant or lessee is absent from the village, all notices or orders provided for herein shall be sent by registered mail or certified to the party in interest as described in § 39-4C to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service.

§ 39-9. Liability.

No officer, agent or employee of the Village of Farnham shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Village of Farnham as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Village Attorney until the final determination of the proceeding therein.

§ 39-10. Duties of Fire and Police Departments.8

A. Duties of firemen. Any volunteer fireman of the Village Fire Department may make a report in writing to the Code Enforcement Officer of any buildings or structures which are, may be or are suspected to be unsafe buildings within the terms of this chapter.

B. Duties of police Department. All employees of the Police Department or any other law enforcement official shall make a report in writing to the Code Enforcement Officer of unsafe buildings within the terms of this chapter. Such reports must be delivered to the Code Enforcement Officer within twenty four (24) hours of the discovery of such building.

_______________________8 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General provisions, Art. I.

3908

§ 43-1 CURFEW § 43-1

Chapter 43

CURFEW

§ 43-1. Imposition of curfew.§ 43-2. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 8-22-55 as Art. XII of the 1955 Compilation. Section 43-1B, C and D added and § 43-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

General penalty – See Ch. 1, Art. III.Peace and good order – See Ch. 74.

§ 43-1. Imposition of curfew.

It shall be unlawful for any child under fifteen (15) years of age to loiter, wander or stroll about the streets, alleys or public grounds of the village in the nighttime after the hour of 10:00 p.m. standard time, unless:

A. Such child shall be accompanied by its parents or adult guardian having legal custody and control of such child.

B. Such child is on an emergency errand directed by the parent, guardian or other adult having care or custody of the child.1

C. Such child is on legitimate business directed by the parent, guardian or other adult having care or custody of the child.2

_______________________1 Editor’s Note: Added at time of adoption of Code: see Ch. 1, General Provisions, Art. I.2 Editor’s Note: Added at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

4301

§ 43-1 FARNHAM CODE §43-2

D. Such child is traveling, directly to or from any adult-sponsored activities sponsored by any school, church, civic or nonprofit organization.3


A. Any child under fifteen (15) years of age who violates the provisions of this chapter shall be dealt with in accordance with Family Court Law and procedure.

B. Any parent or guardian who shall knowingly or willfully permit any future violation of the provisions of this chapter by such child shall be liable to the penalties set forth in § 1-16 of this Code.

_________________________3 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.4 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

4302

DOGS AND OTHER ANIMALS

Chapter 46

DOGS AND OTHER ANIMALS

ARTICLE ISanitary Requirements

§ 46-1. Keepting swine, livestock and fowl.§ 46-2. Penalties for offenses.

ARTICLE IIDomestic Animals

§ 46-3. Definitions.§ 46-4. Dangerous animals.§ 46-5. Noisy animals.§ 46-6. Female dogs in heat.§ 46-7. Dogs chasing vehicles.§ 46-8. Animals which attack other animals.§ 46-9. Animals which destroy property§ 46-10. Nuisances by animals.§ 46-11. Dogs running at large.§ 46-12. Dog Wardens.§ 46-13. Complaints filed.§ 46-14. Summons.§ 46-15. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham: Art. I, 8-22-55 as Art. XI, Sec. 2, of the 1955 Compilation; Art. II, 9-23-75 as L.L. No. 1-1975. Section

4601


46-2 added and § 46-15 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES


ARTICLE ISanitary Requirements

[Adopted 8-22-55 as Art. XI, Sec. 2of the 1955 Compilation]

§ 46-1. Keeping swine, livestock and fowl.

Swine, livestock or fowl shall not be kept within the village limits unless kept under sanitary conditions so as not to become a health hazard or nuisance.



ARTICLE IIDomestic Animals

[Adopted 9-23-75 as L.L. No. 1-1975]


As used in this Article, the following terms shall have the meanings indicated:

DOMESTIC ANIMALS – Pets and farm animals, including but not limited to domesticated cast, dogs, sheep, horses, cattle, goats, swime, fowl, ducks, geese, turkeys and chickens.

__________________1 Editor’s Note: Added at time of adoption of Code: see Ch. 1. General Provisions, Art. I.

4602

§ 46-4 DOGS AND OTHER ANIMALS § 46-9

§ 46-4. Dangerous animals.

No person shall suffer or permit any domestic animal to attack any person peaceably conducting himself in any place where such person may lawfully be. Any such animal which attacks any such person may be considered an animal of a dangerous disposition.

§ 46-5. Noisy animals.

No person shall keep or suffer to be kept on the premises occupied by him, any domestic animal in the habit of continually barking, howling or whining.

§ 46-6. Female dogs in heat.

Proper precautions should be taken when a female dog is in heat, and said female dog shall not be allowed to run at large.

§ 46-7. Dogs chasing vehicles.

No person shall keep or suffer to be kept a dog in the habit of continually chasing or barking at automobiles, bicycles or moving vehicles.

§ 46-8. Animals which attack other animals.

No person shall keep or suffer to be kept any domestic animal which maims, attacks or kills any other domestic animal.

§ 46-9. Animals which destroy property.

No person shall keep or suffer to be kept any domestic animal which destroys property of another.

4603

§ 46-10 FARNHAM CODE § 46-13

§ 46-10. Nuisances by animals.

No person shall keep or suffer to be kept any domestic animal which commits a nuisance in a public highway, public building, public park or any private property except with the consent of the owner of the property thereof.

§ 46-11. Dogs running at large.

No person shall keep or suffer to be kept any dog which continually runs at large with a pack of other dogs or chases other animals or children.

§ 46-12. Dog Wardens.

The Village of Farnham shall appoint a Dog Warden or Wardens, as needed, pursuant to the appropriate statutes of the State of New York. It shall be the duty of such Dog Warden or Wardens of the Village of Farnham to enforce the appropriate provisions of the statutes of the State of New York in the Village of Farnham and to enforce this Article. Police officers from the Village of Farnham, state Police and Erie County Police shall have similar powers with respect to all sections of such statutes and of this Article.

§ 46-13. Complaints filed.

Any person who observes a domestic animal causing damage or destruction to property of a person other than its owner or committing a nuisance upon the promises of a person other than its owner under any section of this Article may file a signed complaint, under oath, with a Village Justice of the Village of Farnham specifying the objectionable conduct of such domestic animal, the date thereof, the damage caused, a description of such domestic animal and the name and residence, if known, of the owner or other person harboring said domestic animal.

4604

§ 46-14 DOGS AND OTHER ANIMALS § 46-15

§ 46-14. Summons.

Upon receipt by the Village Justice of any complaint pursuant to the foregoing section with respect to any domestic animal, the Village Justice may summon the alleged owner or other person harboring said domestic animal to appear in person before him. If such summons is disregarded, the Village Justice may permit the filing of an information and issue a warrant for the arrest of such person.


Any person who violates this Article or knowingly permits the violation of this Article or of any of the provisions thereof shall be deemed to have committed an offense against this Article, and any person convicted of any such violation after investigation and hearing shall be subject to the penalties set forth in § 119 of the Agriculture and Markets Law.

_____________________2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

4605

§ 53-1 FIREARMS § 53-2

Chapter 53

FIREARMS

§ 53-1. Discharge restricted.§ 53-2. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 8-22-55 as Art. XIII of the 1955 Compilation. Section 53-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCESGeneral penalty – See Ch. 1, Art. III

§ 53-1. Discharge restricted.

No person, otherwise than in self-defense or in the discharge of his official duty or to protect property, shall willfully discharge any firearms or other dangerous weapon or throw any deadly missile in any place in the village.


Any person convicted of any violation of this chapter shall be subject to the penalty set forth in § 1-16 of this Code.

___________________1 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

5301

§ 56-1 FIRE PREV. & BLDG. CONST. § 56-1

Chapter 56

FIRE PREVENTION AND BUILDING CONSTRUCTION

§ 56-1. Applicability.§ 56-2. Code Enforcement Officer.§ 56-3. Rules and regulations.§ 56-4. Permits.§ 56-5. Inspections.§ 56-6. Compliance required; violation orders.§ 56-7. Penalties for offenses.§ 56-8. Records.§ 56-9. Review Board.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 5-21-85 as L.L. No. 3-1985. Sections 56-1, 56-3, 56-4A, 56-6A and B, 56-7 and 56-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Fire Department – See Ch. 12.Unsafe buildings – See Ch. 39.Subdivision regulations – See Ch. 86.Trailers and trailer camps – See Ch. 89.Zoning – See Ch. 101.

§ 56-1. Applicability.1

This chapter shall provide the basic method for administration and enforcement of the State Uniform Fire Prevention and Building Code in the Village of Farnham and shall establish powers, duties and responsibilities in connection therewith.


5601


§ 56-2. Code Enforcement Officer.2

There is hereby designated the Code Enforcement Officer to administer and enforce the State Uniform Fire Prevention and Building Code within the Village of Farnham.

§ 56-3. Rules and regulations.3

A. The Village Board may adopt rules and regulations for the administration and enforcement of the State Uniform Fire Prevention and Building Code. Such rules and regulations shall not be in conflict with the State Uniform Fire Prevention and Building Code, this local law or any other provision of law.

B. The Village Board shall publish all rules and regulations at least 10 (10) days prior to the effective date thereof in a newspaper of general circulation within the Village of Farnham.

§ 56-4. Permits.4

A.5 Upon payment of fee as prescribed in the schedule of fees adopted by the Board of Trustees, permits shall be issued by and bear the name and signature of the Code Enforcement Officer and shall specify:

(1) The activity or operation for which the permit is issued.

(2) The address or location where the activity or operation is to be conducted.

(3) The name and address of the permittee.

(4) The permit number and date of issuance.____________________2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.3 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.4 Editor’s Note: See also § 101-14. Building permits of this Code.5 Editor’s Note: Amended at time of adoption of Code; see Ch.1. General Provisions, Art. I.

5602§ 56-4 FIRE PREV. & BLDG. CONST. § 56-5

(5) The period of permit validity.

B. Permits shall not be transferable, and any change in activity, operations, location, ownership or use shall require a new permit.

C. Permits shall continue until revoked or for a period of time designated at the time of Issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.6

D. Consolidated permits. When more than one (1) permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit for specific hazardous materials or operation shall not invalidate the remainder.

E. Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder.

F. Revocation of permits. Permits may be suspended or revoked when it is determined there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.

§ 56-5. Inspections.

A. The Code Enforcement Officer shall conduct periodic inspections for compliance with the provisions of the State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.7

B. If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer may apply for a warrant to make an inspection to any court

_______________________6 Editor’s Note: Former Sec. 6.4, enumerating specific uses for which permits are required, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.7 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

5603§ 56-5 FARNHAM CODE § 56-6

of competent jurisdiction.

§ 56-6Compliance required; violation orders.

A. A person owning, operating, occupying or maintaining property or premises within the scope of the State Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the State Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.8

B. Whenever the Code Enforcement Officer finds that there has been a violation of the State Uniform Fire Prevention and Building code, this chapter or any rule or regulations adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsibility.9

C. Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.

D. Violation orders may be served by personal service, by mailing by registered or certified mail or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.

E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Farnham Court of the Village of Farnham.

___________________________8 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.9 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

5604§ 56-7 FIRE PREV. & BLDG. CONST. § 56-9


A. Failure to comply with any provision of the State Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than one thousand dollars ($1,000.) or imprisonment for a term not to exceed one (1) year, or both, and each day such violation continues shall constitute a separate violation.

B. An action or proceeding in the name of the Village of Farnham may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the State Uniform Fire Prevention and Building Code, this chapter, rule or regulation adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.

§ 56-8. Records.

The Code Enforcement Officer shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.11

§ 56-9. Review Board.12

The Regional Board of Review, as established by the State of New York, shall grant variances where the enforcement of any provision or requirement of the State Uniform Fire Prevention and Building Code results in practical difficulties or unnecessary hardship.

___________________10 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.11 Editor’s Note: Former Sec. 11. Removal of Dangerous Buildings or Structures, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1. General Provisions, Art. I. For current provisions regarding unsafe buildings or structures, see Ch. 39, Buildings, Unsafe.12 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

5605

§ 61-1 GAMES OF CHANCE § 61-2

Chapter 61

GAMES OF CHANCE

§ 61-1. Title.§ 61-2. Definitions.§ 61-3. Authorization for conduct of games.§ 61-4. Restrictions.§ 61-5. Games on Sunday.§ 61-6. Enforcement.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 1-11-77 as L.L. No. 1-1977, approved at referendum 3-15-77. Amendments noted where applicable.]

GENERAL REFERENCESBingo – See Ch. 33.

§ 61-1. Title.

This chapter shall be known as the “Games of Chance Law of the Village of Farnham.”



AUTHORIZED ORGANIZATION - An authorized organization as defined in Subdivision 4 of § 186 of the General Municipal Law.

6101§ 61-2 FARNHAM CODE § 61-6

GAMES OF CHANCE – A game of chance as defined in Subdivision 3 of § 186 of the General Municipal Law.

VILLAGE – The Village of Farnham, New York.

§ 61-3. Authorization for conduct of games.

Authorized organizations many, upon the obtainment of a license from the Clerk of the Village of Farnham, conduct games of chance within the Village of Farnham as provided in Article 9-A of the General Municipal Law and as provided further in this chapter. Such games of chance shall be conducted in accordance with the general state law, with the rules and regulations of the New York State Racing and Wagering Board and this chapter.

§ 61-4. Restrictions.

The conduct of games of chance shall be subject to the restrictions upon such games as are found in § 189 of the General Municipal Law.

§ 61-5. Games on Sunday.

Games of chance on the first day of the week, commonly known as “Sunday,’ may be conducted pursuant to this chapter and appropriate statute and regulation.

§ 61-6. Enforcement.

The chief law enforcement officer shall exercise control over and supervision of all games of chance conducted under an appropriately issued license. Such officer shall have all those powers and duties set forth in Article 9-A of the General Municipal Law.

6102GARBAGE, RUBBISH AND REFUSE

Chapter 63

GARBAGE, RUBBISH, REFUSE AND RECYCLING

§ 63-1. Title.§ 63-2. Purpose.§ 63-3. Definitions.§ 63-4. Village responsible for collection.§ 63-5. Unlawful placement of solid waste; penalties for offenses.§ 63-6. Placement of yard and other solid waste and recyclables for § 63-7. Unacceptable materials.§ 63-8. Collection schedule.§ 63-9. Fees and charges.§ 63-10. Vehicle requirements.§ 63-11. Disposal at designated areas only.§ 63-12. Accumulation prohibited.§ 63-13. Unlawful collection.§ 63-14. Source separation of recyclable materials.§ 63-15. Collection of recyclable materials placed at curbside.§ 63-16. Private collection.§ 63-17. Collection of recyclables at municipal facility.§ 63-18. Authorized collectors; license required; requirements.§ 63-19. Approval, denial, suspension or revocation of license; noncompliance.

6301 6 – 25 - 93§ 63-1 FARNHAM CODE § 63-2

§ 63-20. Notice of failure to comply.§ 63-21. Hearing procedure.§ 63-22. Determinators, decisions and orders.§ 63-23. Enforcement; penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 7-21-1992 as L.L. No. 1-1992. Amendments noted where applicable.]

§ 63-1. Title.

This chapter shall be known as the “Mandatory Recycling Law of the Village of Farnham.”

§ 63-2. Purpose.

A. The reduction, reuse and recycling of solid waste are important public concerns and will aid in the protection and preservation of the environment.

B. The Solid Waste Management Act of 1988 mandates passage of a source-separation ordinance or law to be passed by each local municipality within New York State by September 1, 1992, to require that solid waste which has been left for collection or which is delivered by the facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist.

C. The Village of Farnham hereby establishes mandatory recycling within this municipality effective September 1, 1992.

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§ 63-3 GARBAGE, RUBBISH AND REFUSE § 63-3



AUTHORIZED COLLECTOR – A person, individual partnership or corporation or employer or agent thereof authorized by contract or license with the municipality to collect solid waste from residential, commercial and institutional properties as herein defined under the terms and conditions of this chapter. In the event of municipal collection, this definition shall include the governing body and employees thereof.

BULKIES – Large items such as sofas, upholstered chairs, mattresses and box springs but excluding large appliances (white goods) such as refrigerators, stoves, dishwashers, dryers, etc., which are considered recyclable.

COLLECTOR – The person, firm agency or public body or employee or agent thereof who is engaged in the collection of and/or transportation of solid waste.

COMMERCIAL OPERATIONS – All properties used for industrial or commercial purposes, including but not limited to retail and wholesale establishments, apartments with four (4) or more units, trailer courts, offices, garages, gas stations, manufacturing and repair establishments, banks, motels, restaurants and other similar related facilities.

CONTAINER – Any can, bin, bag or other unit used for storage of recyclable materials.

FACILITY – Any solid waste management-resource facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage, processing or disposal of solid waste or the recovery by any means of any material or energy product of resource therefrom, including recycling centers.

6303 6 – 25 – 93


HAZARDOUS WASTE – Solid waste that is especially harmful or potentially harmful to public health. This shall include, but not be limited to explosives, toxic materials and medical waste. For purposes of this chapter, “hazardous waste” does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).

INSTITUTION – An organization or establishment devoted to the promotion of a particular object or cause, including homes, health facilities, governmental facilities, libraries, fire halls, etc.

MUNICIPAL SOLID WASTE (MSW) – All putrescible and nonputrescible materials, including garbage, refuse and other discarded solid materials, including but not limited to solid waste materials resulting from industrial and agricultural operations and from community activities. Liquids, semisolids and contained gaseous materials are hereby defined as “solid waste.” It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste.

PERSON – Any individual, firm, partnership, association, corporation, institution or other entity.

PRIVATE COLLECTOR - A person, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials. To operate in the Village of Farnham, they shall be required to obtain a license from the village and be subject to the rules and regulations of the village.

PRIVATE SUBSCRIPTION – The collection of MSW, and recyclable materials where the resident contracts directly with the private collector of the subscribers choice.

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RECYCLABLE MATERIALS – Those materials specified by the municipality for separate collection in accordance with the recycling regulations. Such materials may include, but are not limited to:

A. ALUMINUM – Aluminum products and containers fabricated of aluminum and commonly used for soda, beer, beverages or other food or drink.

B. METAL CANS – Containers fabricated primarily of steel or tin and/or aluminum.

RESIDENTIAL PROPERTY – Properties used as dwellings, including buildings having up to four (4) dwelling units in one (1) building. Multiple dwelling residential buildings containing more than four (4) dwelling units, for the purpose of this chapter, shall be treated as commercial properties.

SOLID WASTE MANAGEMENT – The purposeful systematic control of the storage, collection, transportation, processing and disposal of solid waste.

SOURCE SEPARATE – The separation of recyclable materials from the MSW stream at the point of waste generation.

YARD WASTE – Organic yard and garden waste, leaves, grass clippings and brush.

§ 63-4. Village responsible for collection.

The Board of Trustees shall have the responsibility for the operation, disposal and collection of municipal solid waste by the authorized collector that is chosen by the Village Board. The Board of Trustees is hereby given empowerment to make and publish regulations impacting this chapter concerning such matters as the days for the collection of municipal solid waste which it deems advisable, provided that such regulations are not contrary to the provisions of this chapter.

6305 6 – 25 – 93


§ 63-5. Unlawful placement of solid waste; penalties for offenses.

A. No person shall place, deposit or store any municipal solid waste on or in any street, highway, avenue, drain, ditch, watercourse or body of water or other place within the Incorporated Village of Farnham, unless properly contained.

B. In the event of a violation of any of the provisions of this section which shall, in the opinion of the Code Enforcement Officer of the Board of Trustees, be a hazard to the health, safety or well-being of the community, a notice directed to the occupant of residential, commercial or institutional properties upon which such violation occurs may be served, either personally or by posting said properties, directing the removal of all material in violation of this section within twenty-four (24) hours from the date of service or posting of said notice. The Board of Trustees of their representatives may enter cost of said removal against the property.

§ 63-6. Placement of yard and other solid waste and recyclables for collection.

Not withstanding anything contained in this chapter to the contrary, the occupants of residential, commercial and institutional properties shall place or cause to be placed at the street curbline yard waste and municipal solid waste originating on said premises and resulting from the delivery of household goods and furnishings, subject to the following rules and regulations:

A. All yard waste shall be placed in closed bags or in containers or bundled in lengths no larger than three (3) feet and tied together. No more than five (5) one-gallon containers of yard waste shall be placed out for the collection in any one (1) week. No item or container shall weigh more than seventy (70) pounds.

6306 6 – 25 - 93§ 63-6 GARBAGE, RUBBISH AND REFUSE § 63-7

B. No municipal solid waste shall be stored or accumulated on any propertieswithin the village except as permitted by this chapter. Municipal solid waste may not be placed or stored in the street or gutters. Municipal solid waste may not be stored on sidewalks or in any public place except as directed herein or by the Board of Trustees.

C. Maintenance of municipal solid waste, yard waste and recyclable materials shall be free from odor and kept in clean and good condition by the owner thereof. The recycling container stays with the house. Any stolen or damaged containers will be charged to the owner of the residential, commercial and institutional property.

D. The authorized collector shall collect and dispose of all municipal solid waste acceptable for collection from all properties with not more than five (5) families living independently of each other. Every owner or occupant of such properties is hereby required to make use of the municipal solid waste collection system provided by the Village of Farnham.

E. The authorized collector may also collect from businesses so long as there are no more than 10 (10) to fifteen (15) one-gallon or seventy (70) one-pound containers placed for collection.

§ 63-7. Unacceptable materials.

The following materials shall not be considered acceptable by the regular weekly collection:

A. Materials resulting from repair, construction, alteration or excavation of buildings or structures, streets or sidewalks, such as earth plaster, mortar concrete, bricks, lath and roofing materials, also known as “construction and demolition debris and bulkies.”

6307 6 – 25 – 93


B. Dangerous materials or substances, such as poison, acids, caustics, infected materials, explosives, ashes, medical waste and hazardous waste.

C. Materials which have not been prepared in accordance with the provisions of this chapter.

§ 63-8. Collection schedule.

A. All municipal solid waste materials shall be collected by the authorized collector according to the following schedule:

(1) Municipal solid waste and recyclables: days set by the authorized collectors.

(2) Spring and fall cleanup days for the collection of bulkies will be designated by the authorized collector.

B. A location will be provided for large appliances to be deposited for recycling.

§ 63-9. Fees and charges.

A. The charge for collection and disposal of municipal and recyclable materials and the schedule shall be as deemed necessary by the Board of Trustees.

B. Municpal solid waste and recyclable materials service charge shall be billed to the owners of the premises and shall be payable at the Village Clerk’s office.

C. The Board of Trustees may negotiate rates and services for commercial, industrial and public agencies within the village, provided that such rates shall in all instances cover at a minimum the incremental full costs for providing such services.

D. In the event that the municipal solid waste and recyclable materials service charge bill is not paid within one (1) month from the date it is due and payable, then in that event, a penalty equal to ten percent (10%) of the total charge shall

6308 6 – 25 - 93§ 63-9 GARBAGE, RUBBISH AND REFUSE § 63-10

be added to and become a part of the village tax statement.

E. All municipal solid waste and recyclable materials service charges, penalties and interest there on shall be a lien upon the real property benefited by the municipal solid waste collection and disposal service from the date that the municipal solid waste any recyclable materials service charge is due and payable, and such lien shall be prior and superior to every other lien or claim, except the lien of an existing tax or local assessment. The Board of Trustees may certify to the Village Clerk the amount of any such lien which has been paid at the time and in the manner prescribed by such Board, with a description of the real property affected thereby, and the Board of Trustees may include such amount in the annual tax levy and shall levy the same upon the real property in default.

§ 63 – 10. Vehicle requirements.

A. Every vehicle used for collection and/or disposal of municipal solid waste and recyclable materials shall have an enclosed body or suitable provision for covering the body. Provision and use of tarpaulin or canvas to enclose the open body of such a vehicle may be permitted when specifically approved by the Board of Trustees.

B. Every vehicle used for the collection and/or disposal of municipal solid waste and recyclable materials shall have a watertight body and shall be kept clean and sanitary and in good running condition and shall have the licensee’s name plainly painted on each side in letters at least four (4) inches high.

C. No vehicle used for the collection and/or disposal of municipal solid waste shall be operated on any street, avenue or highway in the Incorporated Village of Farnham in an overload condition or in such a manner as to spill the contents

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§ 63-10 FARNHAM CODE § 63-12

thereof on to the street, avenue or highway.

D. The Superintendent of Public Works/Code Enforcement Officer or any person authorized by the Board of Trustees shall make inspection of the vehicle used for collection and/or disposal of municipal solid waste whenever deemed necessary.

§ 63-11. Disposal at designated areas only.

A. No municipal solid waste and/or recyclable materials shall be disposed of within the Incorporated Village of Farnham, except at such places as may permitted by the Board of Trustees.

B. No municipal solid waste collected from outside the Incorporated Village of Farnham shall be disposed of at the place designated except with the permission of the Board of Trustees.

§ 63-12. Accumulation prohibited.

A. No person shall permit any municipal solid waste to accumulate for a period of longer than seven (7) days upon property owned or occupied by said person in the municipality.

B. Owners and occupiers of residential property are hereby required to make accumulated municipal solid waste available for collection as scheduled under the terms hereof.

C. This section does not apply to owners, occupiers and tenants of farm property.

D. All municipal solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by the municipality or by an authorized collector under contract with the municipality (or by a licensed

6310 6 – 25 – 93


private collector under private subscription) and in accordance with the provisions of this chapter.

E. All municipal solid waste accumulated on commercial and industrial properties shall be collected, conveyed and disposed of by authorized collectors under contract with, or licensed by, the Village of Farnham. In such a case where a commercial or industrial establishment contracts directly with a collector, the fee or payment shall be a matter of private agreement between the owners or occupiers and the collector. When approved by the municipality, owners of nonresidential properties may collect, convey and dispose of privately generated municipal solid waste by their own containers and/or trucks, provided that they comply with the provisions of this chapter applicable thereto and New York State Department of Environmental Conservation regulations.

§ 63-13. Unlawful collection.

It shall be unlawful for any person to collect and dispose of any municipal solid waste within the Village of Farnham except as provided in this chapter.

§ 63-14. Source separation of recyclable materials.

Municipal solid waste generated or originated within the Village of Farnham which has been left for collection or which is delivered by the generator of such waste to a facility shall be handled in the following manner:

A. Prior to initial collection or transport, source separation shall be required of each and every person or party discarding municipal solid waste and/or recyclable materials. Recyclable materials shall not be commingled with other solid waste during collection, transport or storage following collection.

B. Collectors collecting residential, commercial and/or industrial MSW generated within the village shall refuse to collect MSW from any person who has clearly

6311 6 – 25 - 93§ 63-14 FARNHAM CODE § 63-17

failed to source separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person or party for the reason of the refusal for the collection of the materials by the collector.

§ 63-15. Collection of recyclable materials placed at curbside.

Only the authorized collectors who are acting under authority of the Village of Farnham shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection’ provided, however, that where the authorized collector has refused to collect certain recyclable materials because they have not been separated, placed or treated on accord with the provisions of this chapter, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side.

§ 63-16. Private collection.

Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the curbside.

§ 63-17. Collection of recyclables at municipal facility.

Any person(s) shall bring all source-separated recyclable materials to the Town/Village of Farnham/Brant’s owned and operated solid waste management facility. These recyclable materials shall be prepared to the specifications of the Town/Village of Farnham/Brant and will placed in the designated storage containers, the recyclable materials become the property of the Town/Village of Farnham/Brant.

6312 6 – 25 – 93


§ 63-18. Authorized collectors; license required; requirements.

A. All authorized collectors must obtain a solid waste collection license from the Village of Farnham. A fee for such license shall be set by the governing body on an annual basis, and all licenses shall be issued for the calendar year or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.

B. An authorized collection sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.

C. Authorized collector applications may be denied if the applicant or licensees have been adjudged or administratively determined to have committed one (1) or more violations of this chapter during the preceding calendar year.

D. All authorized collectors licensed by the Village of Farnham shall indemnify and hold harmless the Village of Farnham for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this chapter.

E. All authorized collectors shall offer collection services for all recyclable materials to all customers for whom they provide MSW collection services at the same times and on the same days as services are provided to their customers for the solid waste collection.

F. Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the MSW and recyclable materials from it’s residential, commercial and industrial and institutional customers. Each collector shall maintain records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector which include the following information:

6313 6 -25 – 93§ 63-18 FARNHAM CODE § 63-20

(1) The municipality or geographical area and number of units in which the solid waste or recyclable materials were generated.

(2) The quantity, by ton, of solid waste and each type of recyclable material collected.

(3) The quantity, by ton, of recycled material delivered to a recycling facility and the location of the recycling facilities.

§ 63-19. Approval, denial, suspension or revocation of license; noncompliance.

When the designated public official determines that a failure to comply with this chapter may have occurred, he/she shall recommend to the municipality that the authorized collector application or the license be denied, suspended or revoked or its holder be subjected to a reprimand or fine or that the generator or originator of the solid waste recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the imposition of a sanction, fine or penalty.

§ 63-20. Notice of failure to comply.

The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include the following:

A. A statement of the condition of alleged violation, referring to the pertinent ordinance, law, rule or regulation.

B. A short and plain statement of the alleged misconduct.

C. A statement of the time, place and nature of the hearing.

6314 6 – 25 – 93§ 63-21 GARBAGE, RUBBISH AND REFUSE § 63-23

§ 63-21. Hearing procedure.

A. Hearings shall be held before the Village Justice within a reasonable period, which shall be at least ten (10) days after service of notice.

B. The generator, applicant or licensee may be represented by the counsel at the hearing and may offer evidence and or cross-examine witnesses.

C. Within twenty (20) days after the close of the hearing, the Village Justice shall:

(1) Determine whether the alleged failure to comply with this chapter has occurred; and

(2) If the Village Justice determines that such failure has occurred, decide whether the generator or applicant shall be denied or an existing solid waste license or authorized collector status be suspended or revoked or its holder subjected to a reprimand and issue an order carrying out this decision.

§ 63-22. Determinators, decisions and orders.

A. Disposition may be made by stipulation, agreed settlements, consent order, default or other informal method.

B. The Village Justice shall promptly notify the applicant licensee, in writing, of the final determination, decision or order.

§ 63-23. Enforcement; penalties for offenses.

A. Inspections and appearance tickets. All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this chapter by any police officer, peace officer, Code Enforcement Officer

6315 6 – 25 - 93

§ 63-23 FARNHAM CODE § 63-23

and any other public official designated by the Village of Farnham. Police officers, Code Enforcement Officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violation of this chapter.

B. During any twelve (12) consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Village of Farnham or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a violation, punishable by a fine of net less than two hundred dollars ($200.) and not exceeding the sum of one thousand dollars ($1,000.) or by imprisonment for a term not exceeding fifteen (15) days, or both. Each day such violation occurs or continues shall constitute a separate offense.

C. Failure of a waste generator to comply with the provisions in this chapter designated as violations shall be punishable as follows: to be determined by the Village of Farnham.

D. Any penalties or damages recovered or imposed under this chapter are in addition to any other remedies available at law or equity.

E. No penalties, fines, civil sanctions or other enforcement action will be commenced prior to January 1, 1993 in order to permit persons regulated hereunder to come into compliance with this chapter.

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§ 68-1 LICENSED OCCUPATIONS § 68-1

Chapter 68

LICENSED OCCUPATIONS

§ 68-1. Hawking, peddling and soliciting.§ 68-2. Circuses, carnivals or theaters.§ 68-3. Issuance and revocation of license.§ 68-4. Fees.§ 68-5. Assignment of licenses.§ 68-6. Reports.§ 68-7. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 8-22-55 as Art. X of the 1955 Compilation; amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]

GENERAL REFERENCES


§ 68-1. Hawking, peddling and soliciting.

No person, either for himself or as an agent or servant for another, shall hawk or peddle any merchandise or solicit any trade from any person, firm or any corporation within the corporate limits of the village without first having obtained a license therefor and having paid the fee therefor as hereinafter stated, but this provision shall not apply to the peddling of farm produce, other than milk, by farmers of the vicinity who produce such merchandise, nor shall it apply to the hawking or peddling of merchandise or the soliciting of trade by an honorably discharged soldier, sailor or marine of the United

6801


States or his widow who is a resident of Erie County, provided that such soldier, sailor or marine or his widow shall have complied with the provisions of § 32 of the General Business Law of the State of New York.

§ 68-2. Circuses, carnivals or theaters.

No person or persons shall conduct or carry on any circus, carnival or theater without first obtaining a license therefor.

§ 68-3. Issuance and revocation of license.

A. All licenses under any of the provisions of this chapter shall be issued by the Mayor or his designee. No such license shall be issued without the payment of the prescribed fee therefor, the amount of which shall be entered on the license and a record of the same shall be kept by the Village Clerk.

B. Either the Mayor or his designee may at any time revoke or suspend any such license which may have been issued, in which event the proportionate part of the license fee which was paid therefor will be refunded. No license shall be issued for a period longer than the last day of the calendar year in which the license shall be issued.

§ 68-4. Fees.

Fees for licenses for hawking and peddling or circuses and carnivals shall be as set forth from time to time by resolution of the Board of Trustees.

§ 68-5. Assignment of licenses.

No license issued under any of the provisions of this chapter shall be assignable or transferable.

6802§ 68-6 LICENSED OCCUPATIONS § 68-7

§ 68-6. Reports.

All licenses issued, revoked or suspended under the provisions of this chapter shall be reported to the Board of Trustees at the next regularly scheduled Board meeting.


Any person convicted of any violation of any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set for in § 1-16 of this Code.

6803PEACE AND GOOD ORDER

Chapter 74

PEACE AND GOOD ORDER

§ 74.1. Fighting or riotous demonstrations.§ 74-2. Disturbance of lawful meetings.§ 74-3. Obstruction of traffic.§ 74-4. Noise.§ 74-5. Sound trucks and loudspeakers.§ 74-6. Obscene language or conduct.§ 74-7. Destruction of private or public property.§ 74-8. Dangerous deposits on streets and sidewalks.§ 74-9. Obstruction of enforcement of legislation.§ 74-10. Injuries to sidewalks or streets.§ 74-11. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 8-22-55 as Art. IV of the 1955 Compilation. Sections 74-5 and 74-9 amended and § 74-11 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicatble.]

GENERAL REFERENCES

General penalty – See Ch. 1, Art. III.Curfew – See Ch. 43.Streets and sidewalks – See Ch. 84.Vehicles and traffic – See Ch. 93.

7401§ 74-1 FARNHAM CODE § 74-5

§ 74-1. Fighting or riotous demonstrations.

No person shall make any disturbance or indulge in any fighting, brawling or riotous demonstration on or near any public or private street or place within the village.

§ 74-2. Disturbance of lawful meetings.

No person shall in any manner disturb, molest, or interrupt any of the persons composing any lawful meeting, congregation, audience or other public gathering or any school society or association, either while so assembled or while going to or returning from the same.

§ 74-3. Obstruction of traffic.

Persons shall not unnecessarily congregate on the sidewalks, street corners or streets so as to obstruct the free and uninterrupted passing of any person or persons or vehicles.

§ 74-4. Noise.

No person shall at any time make or contribute to the making of any unnecessary loud or unusual noise.

§ 74-5. Sound trucks and loudspeakers.1

A. No person shall use or cause to be used a sound truck or a loudspeaker attached to any vehicle on the public streets or in connection with any building within this village without first obtaining a permit therefor from the Mayor or his designee.

B. The fee for such permit shall be as set forth from time to time by resolution of the Board of Trustees.

_______________________1 Editor’s Notes: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

7402§ 74-6 PEACE AND GOOD ORDER § 74-9

§ 74-6. Obscene language or conduct.

No person shall use or engage in any profane, vulgar or obscene language in or upon any public street or public place or within any building so that such language or conduct can be heard or seen by any person not within such building.2

§ 74-7. Destruction of private or public property.

A. Malicious destruction of property. No person shall maliciously or willfully break, tear, injure or in any way deface any building, fence, lamp, electric light pole or telephone pole, sign, signal post, traffic sign, traffic light, board, tree, shrubbery, fountain or other ornamental thing in the village, and no person shall tear down or mutilate any notice, sign or handbill lawfully posted in the village.

B. Destruction or use of village property. No person shall injure or destroy any village property or take or use any of the same without first obtaining the consent of the Mayor or the Village Clerk.3

§ 74-9. Obstruction of enforcement of legislation.4

No person shall interfere with any officer, inspector or other person or persons appointed to carry out the provisions of the legislation of the village while they are engaged in carrying out the same.

______________2 Editor’s Note: Former Sec. 7, Intoxication, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1. General Provisions, Art. I.3 Editor’s Note: Former Sec. 10, Soliciting Alms, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.4 Editor’s Note: Amended at time of adoption of Code; see Ch. 1. General Provisions, Art. I.

7403§ 74-10 FARNHAM CODE § 74-1

§ 74-10. Injuries to sidewalks or streets.

No person shall make any marks with paint or otherwise on any sidewalk, crosswalk or street of the village without the consent of the Mayor or the Village Clerk, and no person shall willfully walk or ride upon or drive any vehicle over any street, crosswalk or sidewalk in the course of construction so as to cause damage thereto while such street or walk has been barricaded by signs, bars, lights or other warnings.


Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-16 of this Code.

________________5 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

7404§ 78-1 RECORDS, PUBLIC ACCESS TO § 78-1

Chapter 78

RECORDS, PUBLIC ACCESS TO

§ 78-1. Purpose and scope.§ 78-2. Designation of records access officer; duties§ 78-3. Location of records.§ 78-4. Hours for inspection.§ 78-5. Requests for access to records.§ 78-6. Subject matter list.§ 78-7. Denial of access; appeals.§ 78-8. Fees.§ 78-9. Public notice.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]

§ 78-1. Purpose and scope.

A. The people’s right to know the process of government decision-making and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.

B. These regulations provide information concerning the procedures by which records may be obtained.

C. Personnel shall furnish to the public the information and records required by the Freedom of Information Law,1 as well as records otherwise available by law.

________________1 Editor’s Note: See Art. 6 of the Public Officers Law.

7801§ 78-1 FARNHAM CODE § 78-2

D. Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

§ 78-2. Designation of records access officer; duties.

A. The Board of Trustees is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: Village Clerk, 526 Commercial Street, Farnham, New York.

B. The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so.

C. The records access officer shall ensure that personnel:

(1) Maintain an up-to-date subject matter list.

(2) Assist the requester in identifying requested records, if necessary.

(3) Upon Locating the records, take one (1) of the following actions:

(a) Make records available for inspection.

(b) Deny access to the records in whole or in part and explain in writing the reasons therefor.

(4) Upon request for copies of records, take one (1) of the following actions:

(a) Make a copy available upon payment of or an offer to pay the established fees, if any, in accordance with § 78-8.

(b) Permit the requester to copy those records.

(5) Upon request, certify that a record is a true copy.


(6) Upon failure to locate records, certify that:

(a) The village is not the custodian for such records; or

(b) The records of which the village is a custodian cannot be found after diligent search.

§ 78-3. Location of records.

Records shall be available for public inspection and copying at the Village Clerk’s office, 526 Commercial Street, Farnham, New York.

§ 78-4. Hours for inspection.

Requests for public access to records shall be accepted and records produced during all hours that the Clerk’s office is regularly open for business.

§ 78-5. Requests for access to records.

A. A written request may be required, but oral requests may be accepted when records are readily available.

B. A response shall be given within five (5) business days of receipt of any request reasonably describing the record or records sought.

C. A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.

D. If the records access officer does not provide or deny access to the record sought within five (5) business days of receipt of a request, he or she shall furnish a written acknowledgement of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within ten (10) business days after the date of acknowledgement of receipt of a request, the request may be construed as a denial of access that may be appealed.

7803


§ 78-6. Subject matter list.

A. The records access officer shall maintain a reasonably detailed current list by subject matter of all records in his or her possession, whether or not records are available pursuant to § 87, Subdivision 2, of the Public Officers Law.

B. The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.

C. The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.

§ 78-7. Denial of access; appeals.

A. Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the body established to hear appeals.

B. If requested records are not provided promptly, as required in § 78-5D of this chapter, such failure shall also be deemed a denial of access.

C. The Mayor shall hear appeals for denial of access to records under the Freedom of Information Law.

D. The time for deciding an appeal by the person designated to hear appeals shall commence upon receipt of a written appeal identifying:

(1) The date of the appeal.(2) The date and location of the request for records.(3) The records to which the requester was denied access.(4) Whether the denial of access was in writing or due to failure to provide

records promptly as required by § 78-5D.(5) The name and return address of the requester.

E. The person designated to hear appeals shall inform the requester of his decision in writing within ten (10) business days of receipt of an appeal.


F. The person designated to hear appeals shall immediately forward to the Committee on Open Government copies of all appeals upon receipt and the ensuing determination thereon.

§ 78-8. Fees.

The following fees shall be charged:

A. Inspection of records: no fee.

B. Search for records: no fee.

C. Any certification pursuant to this chapter: three dollars ($3.).

D. Photocopies not exceeding nine by fourteen (9 x 14) inches: twenty-five cents ($0.25) per page.

E. Fees for copies of records other than photocopies which are nine by fourteen (9 x 14) inches or less in size shall be the actual copying cost, excluding fixed agency costs such as salaries, except when a different fee is otherwise prescribed by statute.

§ 78-9. Public notice.

A notice containing the title or name and business address of the records access officer and appeals body and the location where records can be seen or copied shall be in a conspicuous location wherever records are kept.

7805STREETS AND SIDEWALKS

Chapter 84

STREETS AND SIDEWALKS

ARTICLE IGeneral Provisions

§ 84-1. Injury to shade trees.§ 84-2. Digging in streets.§ 84-3. Cutting down or planting trees.§ 84-4. Prohibited deposits.§ 84-5. Littering.§ 84-6. Penalties for offenses.

ARTICLE II

Sidewalk Construction or Repair

§ 84-7. Permit required.§ 84-8. Duty of owners or occupants.§ 84-9. Barricades; lights.§ 84-10. Notice to construct or repair; performance of work by village; materials.§ 84-11. Obstruction and use of sidewalks.§ 84-12. Signs and merchandise on sidewalks.§ 84-13. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham as indicated in article histories. Amendments noted where applicable.]

8401 4 - 20 - 2001§ 84-1 FARNHAM CODE § 84-3

GENERAL REFERENCES

General penalty – See Ch. 1, Art. III.Peace and good order – See Ch. 74.Subdivision regulations – See Ch. 86.Vehicles and traffic – See Ch. 93.


[Adopted 8-22-1955 as Art. VI of the 1955 Compilation]

§ 84-1. Injury to shade trees.

No person shall willfully deface or injure any shade tree or other ornamental tree, plant or shrub in or upon any street, public alley or public ground in the village or on any land adjacent to any sidewalk, or willfully injure or deface any bridge, post or railing upon or beside any street or public alley in the village.

§ 84-2. Digging in streets.

No person shall dig or cause to be dug into, through or across any street, public alley, sidewalk or public ground in the village any trench, ditch or other opening for any purpose, without first obtaining the written consent of the Village Board therefor. All such excavations and all machinery and tools used in connection therewith shall at all times be under the jurisdiction of the Superintendent of Streets and shall at all times be carefully and properly guarded and lighted at night with red lights.

§ 84-3. Cutting down or planting trees.

No person shall cut down or plant any tree on any street, public alley or public ground in the village without first obtaining a permit from the Village Board therefor. If, in the opinion of the Village Board, any tree or shrub shall be so situated that it may cause interference with traffic or injury or damage to pedestrians or property, the

8402 4 – 20 - 2001§ 84-3 STREETS AND SIDEWALKS § 84-6

Superintendent of Streets shall have the right to remove or trim any such tree or shrub and to enter upon any premises in the village without let or hinderance for that purpose.

§ 84-4. Prohibited deposits.

No person shall place or deposit any ashes or rubbish in or upon any street, public alley or public ground in the village except for the purpose of having the same removed by the proper authorities, and in that case, no such ashes or rubbish shall be placed or deposited more than 24 hours prior to the time fixed by the village authorities for such removal.

§ 84-5. Littering.

No person shall sweep, cast or throw any paper, hay, straw, shavings, wood, stone, rubbish, dirt, ashes, garage or any other substance on any street, sidewalk, crosswalk, public alley or public ground in the village or permit any person in his employ so to do, or allow any such matter to fall from any wagon or other vehicle transporting the same through the streets or public alleys, or cause any obstruction, nuisance or injury in or upon any street, sidewalk, public alley, gutter, sewer, drain or public ground in the village.

§ 84-6. Penalties for offenses. [Added 5-13-1898 by L.L. No. 1-1989]


8403 4 – 20 - 2001§ 84-7 FARNHAM CODE § 84-10

ARTICLE IISidewalk Construction or Repair

[Adopted 8-22-1955 as Art. V of the 1955 Compilation]

§ 84-7. Permit required.

No person shall construct, alter or repair any sidewalk or crosswalk in the village without first obtaining a permit therefor from the Board of Trustees, and any such construction, alteration or repair shall be done in accordance with the instructions therefor issued by the Board or its representative.

§ 84-8. Duty of owners or occupants.

It shall be the duty of every owner and occupant of any premises fronting on any public street or ground to keep the sidewalks in front of the same in good order and repair, and such owner or occupant shall not allow any accumulation of refuse or material to remain thereon.

§ 84-9. Barricades; lights.

It shall be the duty of every person or corporation repairing or building a sidewalk to properly barricade the same and to maintain red lights thereon at night at each end of the construction sufficient to warn pedestrians thereof.

§ 84-10. Notice to construct or repair; performance of work by village; materials.

A. If, in the opinion of the Village Board, the Mayor or the Superintendent of Streets, a sidewalk is required to be constructed, a notice specifying the place and manner of such construction must be served on the owner of the adjoining land either personally or by registered mail, requiring such owner to alter or repair the same within 24 hours after such notice is served.

8404 4 – 20 – 2001

§ 84-10 STREETS AND SIDEWALKS § 84-11

B. If, in the opinion of the Village Board, the Mayor or the Superintendent of Streets, any sidewalk should be altered or repaired, a notice specifying the place and manner of alteration or repair must likewise be served on the owner of the adjoining land either personally or by registered mail, requiring such owner to alter or repair the same within 24 hours after such notice is served.

C. If, after the expiration of 10 days after the service of any notice as aforesaid to construct such sidewalk and after the expiration of 24 hours after the service of any such notice to alter or repair any such sidewalk, the same is not constructed, altered or repaired pursuant to such notice, the Village Board may cause the same to be constructed, altered or repaired and assess the expense thereof on the adjoining land and the expense thereof shall be a lien and charge against said premises and assessed against the same in the next succeeding village tax roll and collected as a part of the village tax roll and collected as a part of the village tax against said premises for that year.

D. The material, proportions, grades and widths of sidewalks shall be prescribed by the Village Board.

§ 84-11. Obstruction and use of sidewalks. [Amended 2-20-2001 by L.L. No. 2-2001]

A. No person shall cause any obstruction or barrier of any kind to be placed in or remain upon any sidewalk of the public streets of the Village, so as to restrict the free and unobstructed use of such sidewalk by pedestrians, except when unavoidable due to temporary loading or unloading of goods.

B. No person shall cause snow to be deposited onto any sidewalk of the public streets of the Village by any means including plow, snow-throwing equipment, shovel or other conveyance.

8405 4 – 20 - 2001§ 84-11 FARNHAM CODE § 84-13

C. No person shall cause a motor vehicle, motorcycle, tractor, all-terrain vehicle, snowmobile or other equivalent vehicles or equipment to be driven upon any sidewalk of the public streets of the Village. The following activities shall not be considered violations of this section:

(1) Crossing a sidewalk incidental to the entry into or exit from an abutting property.

(2) Motorized accessability equipment such as powered wheelchairs and their equivalent, when being used by a disabled person.

D. No person shall lead, ride or drive any horse along or upon any sidewalk of the public streets of the Village.

§ 84-12. Signs and merchandise on sidewalks.

No person, persons or corporations shall place any advertising sign or place any merchandise for sale on any sidewalk which shall extend more than three feet from the outside of any building abutting thereon.

§ 84-13. Penalties for offenses. [Amended 5-13-1989 by L.L. No. 1-1989]

Any person, persons or corporation convicted of any violation of the provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in § 1-16 of this Code.

8406 4 – 20 – 2001SUBDIVISION OF LAND

Chapter 86

SUBDIVISION OF LAND


§ 86-1. Authorization.§ 86-2. Intent.§ 86-3. Enactment.§ 86-4. Definitions.

ARTICLE IIPlat Approved Procedure

§ 86-5. Approval required.§ 86-6. Preliminary plat.§ 86-7. Final plat.§ 86-8. Improvements and bonds.§ 86-9. Filing of approved plat.§ 86-10. Effect on resubdivision.§ 86-11. Public streets and places.§ 86-12. Time of construction.

ARTICLE IIIDesign Standards

§ 86-13. General provisions.§ 86-14. Streets.§ 86-15. Lots.

8601FARNHAM CODE

§ 86-16. Easements.§ 86-17. Landscaping and ground cover.§ 86-18. Preservation of natural features.§ 86-19. Floodplains.§ 86-20. Self-imposed restrictions.§ 86-21. Modifications.§ 86-22. Parks, playgrounds and open spaces.

ARTICLE IVImprovements

§ 86-25. Preliminary plats.§ 86-26. Final plats.

ARTICLE VIAdministration and Enforcement

§ 86-27. Variances and waivers.§ 86-28. Penalties for offenses.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham at time of adoption of Code; see Ch. 1, General Provisions, Art. I.1 Amendments noted where applicable.]

__________________________1 Editor’s Note: The applications for plat approval and sample notice of hearing which were included at the end of this legislation are on file in the Village Clerk’s office.

8602

§ 86-1 SUBDIVISION OF LAND § 86-2

GENERAL REFERENCESFire prevention and building construction – See Ch. 56.Streets and sidewalks – See Ch. 84.Zoning – See Ch. 101.


§ 86-1. Authorization.

By the authority of the resolution of the Village Board pursuant to the provisions of Article 7 of the Village Law, the Planning Board of the Village of Farnham is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the office of the Clerk of the County and to conditionally approve preliminary plats within the Village of Farnham.

§ 86-2. Intent.

It is declared to be the policy of the Planning Board to consider land subdivision plats as part of a plan for the orderly, efficient and economical development of the village. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace; that provision shall be made for drainage, water supply, sewerage and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed street shall compose a convenient system conforming to the Official Map, if such exists, and shall be properly related to the proposals shown on the Comprehensive Plan, if such exists, and shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings; and that proper provision shall be made for open spaces for parks and playgrounds.

8603


§ 86-3. Enactment.

In order that land subdivision may be made in accordance with this policy, these regulations, which shall be known as and which may be cited as the “Village of Farnham Land Subdivision Regulations” are hereby adopted by the Village Board.


For the purpose of these regulations, certain words and terms used herein are defined as follows:

CUL-DE-SAC – A short street having but one (1) end open to traffic and the other end being permanently terminated by a vehicular turnaround.

DRAINAGE RIGHT-OF-WAY – The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

EASEMENT – The lands created through authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.

LOT – A piece, parcel or plot of land intended as a unit for transfer of ownership or for development.

OFFICIAL MAP – The map, if any, established by the Village Board under § 7-724 of the Village Law showing the streets, highways and parks hereto fore laid out, adopted and established by law, and any amendments thereto adopted by the Planning Board and the subsequent filing of such approved plats.

OFFICIAL SUBMISSION DATE – The date when a subdivision plat shall be considered submitted to the Planning Board, and is hereby defined to be the date of a meeting of the Planning Board at which all required surveys, plans and data described in Article V are submitted.

8604


PERFORMANCE BOND OR GUARANTY – Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PLANNING BOARD – The Village of Farnham Planning Board as established pursuant to the provisions of Article 7 of the Village Law.

PRELIMINARY PLAT – The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision to be submitted to the Planning Board for its consideration and meeting the requirements of Article V.

RESUBDIVISION – Revision of all or part of an existing filed plat, including consolidation of lots.

STREET – Any street, avenue, boulevard, road, lane, parkway, alley or other way which is an existing state, county or municipal roadway or way shown upon a plat theretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the County Clerk of Erie County prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking area and other areas within the street lines. For the purpose of these regulations, streets shall be classified as follows:

A. ARTERIAL STREETS – Those streets which are used primarily by a heavy volume of traffic.

B. COLLECTOR STREETS – Those streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

C. MINOR STREETS or LOCAL RESIDENTIAL STREETS – Those streets which are used primarily for access to the abutting properties.

8605§ 86-4 FARNHAM CODE § 86-4

D. MARGINAL SERVICE STREETS – Street which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

E. ALLEYS – Minor ways which are used primarily for vehicular service to the back or the side of properties otherwise abutting on a street.

STREET PAVEMENT – The wearing or exposed surface of the roadway used by vehicular traffic.

STREET WIDTH – The distance between property lines or right-of-way lines.

SUBDIVIDER or DEVELOPER – Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof as defined herein, either for himself or others.

SUBDIVISION – The division of any parcel of land into two (2) or more lots, plats, sites or other division of land, for the purpose, whether immediate or future, of transfer of ownership or building development, and shall include resubdivision; provided, however, that the following shall not be included within this definition nor subject to these regulations:

A. The public acquisition by purchase of strips of land for the widening or opening of streets.

B. Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and, in the opinion of the Planning Board, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map or Zoning Law, if such exists, or these regulations.

SUBDIVISION PLAT or FINAL PLAT – A drawing, in final form, showing a proposed subdivision, containing all information or detail required by law and by these regulations to be presented to the Planning Board for approval and which, if

8606


approved, may be duly filed or recorded by the applicant in the office of the Erie County Clerk.

VILLAGE DEVELOPMENT PLAN, COMPREHENSIVE PLAN, VILLAGE PLAN or MASTER PLAN – A Composite of the mapped and written proposals recommending the physical development of the village prepared by the Planning Board pursuant to § 7-722 of the Village Law which indicates the general locations recommended for various public works and reservations and for the general physical development of the village and includes any part of such plan separately adopted and any amendment to such plan or parts thereof.

VILLAGE ENGINEER – The duly designated engineer of the Village of Farnham.

ZONING LAW – The officially adopted Zoning Law, Chapter 101 of the Code of the Village of Farnham, together with any and all amendments thereto.

ARTICLE IIPlat Approval Procedures

§ 86-5. Approval required.

Whenever any subdivision of land is proposed, before any contract for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner or his authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the procedures set forth in this Article.

§ 86-6. Preliminary plat.

A. Discussion of requirements. Before preparing the preliminary plat, the applicant shall discuss with the Planning Board or its representative the requirements of land, street improvements, drainage, sewerage, water, fire protection and similar aspects as well as the availability of existing services.

8607§ 86-6 FARNHAM CODE § 86-6

B. Application procedure. Prior to filing an application for the approval of a subdivision plat, the applicant shall file an application for the approval of a preliminary plat. The application shall:

(1) Be made on forms available at the office of the Village Clerk.

(2) Include all land which the applicant proposes to subdivide as well as all lands owned by the applicant adjacent to the area proposed for subdivision.

(3) Be accompanied by three (3) copies of the preliminary plat, as described in § 86-25 of these regulations.

(4) Comply in all respects with Article III of these regulations and with the provisions of §§ 7-730 and 7-732 of the Village Law, except where a modification may be specifically authorized by the Planning Board.

(5) Be accompanied by a fee, as set forth from time to time by resolution of the Board of Trustees, at least two (2) weeks before the next regularly scheduled Planning Board meeting. If the applicant subsequently elects not to file an application for approval of a subdivision plat, one-half (1/2) the fee shall be returned.

C. Study of preliminary plat. The Planning Board will carefully study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of streets, their relation to the topography of the land, sewerage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the Comprehensive Plan and the Official Map as they may be adopted.

D. Applicant to attend Planning Board meeting. The applicant should be prepared to attend the next regular meeting of the Planning Board and any subsequent meetings deemed necessary by the Chairman of the Planning Board to discuss the preliminary plat.

8608


E. Required changes for conditional approval. Within sixty (60) days after the time of submission of a preliminary plat, the Planning Board shall take action to conditionally approve, with or without modifications, or disapprove such preliminary plat and the ground of any modification required or the ground for disapproval shall be stated upon the records of such Planning Board. Failure of the Planning Board to act within such sixty-day period shall constitute a “conditional approval” of the preliminary plat.

§ 86-7. Final plat.

A. Application procedure. Within six (6) months of the conditional approval of the preliminary plat, the applicant shall file with the Planning Board an application for approval of a final plat. The application shall:

(1) Be made on forms provided by the Planning board at the time of conditional approval of the preliminary plat.

(2) Include the entire subdivision.

(3) Be accompanied by three (3) copies of the subdivision plat and the Construction Detail Sheets as described in § 86-26 of these regulations.

(4) Comply in all respects with the preliminary plat as conditionally approved.

(5) Be presented to the Chairman of the Planning Board at least two (2) weeks prior to a regular meeting of the Board in order that a public hearing may be scheduled and the required notice given.

B. Official submittal date. The final plat shall be considered officially submitted only at the regular meeting of the Planning Board following completion of the application procedure outlined above.

C. Endorsement of State Health Department. The proposed final plat shall be properly endorsed by the State Health Department as meeting the standards of the State Sanitary Code. Public Health Law or other applicable health code,

8609§ 86-7 FARNHAM CODE § 86-7

before any public hearing is scheduled. The plat should be in final form before State Health Department approval.

D. County Official Map notification. The Planning board will also, if the county has established a County Official Map, notify the Erie County Planning Board and the County Superintendent of Highways or Commissioner of Public Works, if the final plat proposes structures or new streets having frontage on, access to or is otherwise directly related to any county road, existing or proposed, as shown on the County Official Map. The County Planning board reports to the Planning Board within thirty (30) days on its approval or disapproval or on its approval subject to stated conditions of the proposed final plat. The plat may be approved by the village subject to stated conditions, notwithstanding such report, when the application of such report will act to deprive the owner of the reasonable use of his land.

E. Public hearing. Before the Planning Board acts on any final plat, it shall hold a public hearing thereon within thirty (30) days after the time of official submittal date in accordance with § 7-728 of the Village Law. If any zoning changes are to be requested at the time of approval of the final plat, a public hearing thereon must be held in accordance with § 7-738 of the Village Law. The two (2) public hearings may be held at the same time.

F. Action on proposed final plat. After careful study, the Planning Board shall, within sixty (60) days from the public hearing on the final plat, approve, modify or disapprove such plat. The grounds for disapproval of any plat shall be stated on the records of the Planning Board. A final plat shall not be signed by the authorized officers of the Planning Board until the applicant has met all the conditions of the action granting approval of such plat.

G. Plat void if revised after approval. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been given by the Board and endorsed, in writing, on the plat. In the event that any final plat, when recorded, contains any such changes, the plat shall be considered null and void, and the Board shall institute proceedings to have said plat stricken from the records of the County Clerk.

8610§ 86-7 SUBDIVISION OF LAND § 86-8

H. Signing of plat.

(1) Every final plat submitted to the Board for its approval shall carry the following endorsement:

“Approved by resolution of the Planning Board of the Village of Farnham, New York, on the _______ day of ________ 19_____, subject to all requirements and conditions of said resolution. Any changes, erasure, modification or revision of this plat, as approved, shall void this approval. Signed this _________ day of _________ 19_____ by:

______________________ _______________________”Chairman Secretary

(2) In the absence of the Chairman or Secretary, the Acting Chairman or Acting Secretary, respectively, may sign in his place. If there is a County Official Map, such endorsement shall stipulate that the plat does not conflict with the County Official Map or, in cases where the plat does front on, or have access to, or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Board in the manner specified by § 239-k of the General Municipal Law.

§ 86-8. Improvements and bonds.

A. Improvements and performance bond. Prior to an action by the Planning Board approving a final plat, the applicant shall be required to complete, in accordance with the Planning Board’s decision and to the satisfaction of the appropriate Village Department, all the street, sanitary and other improvements specified in the action approving said plat or, as an alternative, to file with the Village Board a performance bond in an amount estimated by the Planning Board to secure to the village the satisfactory construction and installation of the incompleted portion of the required improvements. A period of one (1) year, or such other period as the Planning Board may determine appropriate within which required

8611§ 86-8 FARNHAM CODE § 86-8

improvements must be completed, shall be specified by the Planning Board and expressed in the bond. Such performance bond shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Board as to form, sufficiency and manner of execution. The bond shall be retained for a period of one (1) year after the date of completion of the required improvements to assure their satisfactory condition. All required improvements shall be made by the applicant at his expense without reimbursement by the village or any district therein. Said improvements shall include the following:

(1) Streets and streetlighting facilities.(2) Street signs.(3) Curbs and gutters.(4) Grass curb strips.(5) Sidewalks.(6) Street shade trees.(7) Monuments.(8) Stormwater runoff system.(9) Sanitary sewage collection system.(10) Water supply system.(11) Park and recreation facilities.(12) Electrical, telephone and utility lines.(13) Plantings and ground cover.

B. Inspection of improvements. The village shall employ an inspector to act as agent to the Planning Board for the purpose of assuring the satisfactory completion of improvements required by the Planning Board and shall determine an amount sufficient to defray costs of inspection. The applicant shall pay the village costs of inspection before the final plat is signed for filing. If the Planning Board or its agent finds, upon inspection, that any of the required improvements have not been constructed in accordance with Planning Boardrecommendations or the approved Construction Detail Sheet, the applicant and the bonding company will be severally and jointly liable for the costs of completing said improvements according to specifications.


C. Offers of cession and release.

(1) The plat shall be endorsed with the necessary agreements in connection with required easements or releases. Offers of dedication to the village shall be presented prior to plat approval.

(2) Formal offers of dedication to the Village of all streets and parks, not marked on the plat with notation to the effect that such dedication will not be offered, shall be filed with the Planning Board prior to plat approval. If the owner of the land or his agent who files the plat does not add as part of the plat a notation to the effect that no offer of dedication of such streets, highways or parks or any of them is made to the public, the filing of the plat in the office of the County Clerk or register shall constitute a continuing offer of dedication of the streets, highways or parks or any of them to the public and said offer of dedication may be accepted by the Village Board at any time prior to revocation of said offer by the owner of the land or his agent.

(3) Before final approval of the final plat, the Planning Board will require a certificate of approval from the Village Attorney as to the legal sufficiency of the offers of cession by the subdivider of the areas for public use such as parks, streets, playgrounds and other areas.

§ 86-9. Filing of approved plat.

Upon completion of all requirements set forth in the action approving the final plat and notation to that effect upon the final plat, it shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board and may be filed by the applicant in the office of the Erie County Clerk. Any final plat not so filed and recorded within ninety (90) days of the date upon which said plat is approved or

8613


considered approved by reasons of the failure of the Planning Board to act shall become null and void unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two (2) additional periods of ninety (90) days. The applicant shall provide the Village Clerk with a copy of the plat certified by the County Clerk as to being the true and certified copy of said plat on file in the County Clerk’s office.

§ 86-10. Effect on resubdivision.

For resubdivision, the same procedure, rules and regulations apply as for a subdivision.

§ 86-11. Public streets and places.

The approval by the Planning Board of a final plat shall not be deemed to constitute or imply the acceptance by the village of any street, park, playground or other open space shown on said plat. The Planning Board may require said plat to be endorsed with appropriate notes to this effect. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require as a condition to approval of any such plat a payment to the village of a sum to be determined by the Village Board, which sum shall constitute a trust fund to be used by the Village Board exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. The Planning Board may require the filing of a written agreement between the applicant and the Village Board covering future title, dedication and provision for the cost of grading, development, equipment and maintenance of any park or playground area, as well as a written agreement covering the maintenance and plowing of all streets within the subdivision until such time as they are accepted for public maintenance by the Village Board.

8614§ 86-12 SUBDIVISION OF LAND §86-14

§ 86-12. Time of construction.

Upon posting of the performance bond in accordance with §86-8A and after approval and filing of the final plat, the subdivider may initiate land sales or construction of the subdivision itself.

ARTICLE IIIDesign Standards

§ 86-13. General provisons.

The Planning Board, in considering an application for the subdivision of land, shall be guided by the following considerations and standards:

A. Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.

B. Conformity with Official Map and Comprehensive Plan. Subdivisions shall conform to the streets and parks shown on the Official Map as may be adopted and shall be properly related to the Comprehensive Plan as it is developed and adopted by the Planning Board.

§ 86-14. Streets.

The following regulations shall govern the layout of streets:

A. Subdivisions shall be so designed as to provide a street pattern which is curvilinear in design. The design of the street pattern shall be based upon a local residential or minor street pattern connected to a residential collector street system.

B. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper protection where adjoining land is not subdivided at the same or greater width insofar as such may be deemed necessary for public requirements.

8615§ 86-14 FARNHAM CODE § 86-14

C. Local residential streets shall be designed so as to discourage through traffic.

D. All right-of-way street widths and street pavements shall be measured at right angles or radial to the center line of the street and shall not be less than the following:

Right-of-Way PavementType of Street (feet) (feet)

Arterial street 120 Minimum of 12 for each lane

Collector street 80 36Local residential street 60 30Marginal service street 50 24 (no parking)

E. Whenever possible, streets should intersect at right angles and not intersect at angles of less than sixty degrees (60o) unless approved by the Planning Board.

F. The grades of streets shall be in accordance with specifications established by the Village Engineer and such grades as submitted on final plats shall be approved by him prior to final approval by the Planning Board.

G. All proposed subdivision shall be designed to provide access to adjacent properties. When a proposed subdivision abuts an existing subdivision, the subdivider shall make every attempt to design the street system of the proposed subdivision to connect with dead-end or stub streets of the existing subdivision.

H. The following standards shall apply to cul-de-sac streets:

(1) A cul-de-sac should be located, if possible, so that it drains toward its entrance.

(2) Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street should never be brought to the property boundary line, but should be placed so that the lots can back on the property line of the subdivision.

(3) No cul-de-sac shall exceed five hundred (500) feet in length.


(4) All culs-de-sac shall have a turnaround at the endo of the street which shall have a right-of-way radius of sixty (60) feet, the outer curb at the turn shall have a minimum radius of forty-five (45) feet and a twenty-foot paving width which will permit a turning radius of twenty-five (25) feet at the inner curb.

I. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street through to adjacent property and reversion of the excess right-of-way to the adjoining properties.

J. New half or partial streets shall not be permitted, except that wherever a proposed subdivision borders a half or partial street, the Planning Board may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.

K. Multiple intersections involving a junction of more than two (2) streets shall be prohibited.

L. Local residential streets and residential collector streets shall not intersect with arterial streets less than eight hundred (800) feet apart, measured from center line to center line.

M. The minimum distance between center line offsets at street jogs shall be one hundred fifty (150) feet.

N. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.

O. The minimum radius of horizontal curve, minimum length of vertical curves and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Village Engineer and said items shall be approved by him prior to final approval of the subdivision plat by the Planning Board.

8617

§ 86-15 FARNHAM CODE § 86-15

§ 86-15. Lots.

The following regulations shall govern the layout of lots:

A. The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

B. All lots shown on the final plat must conform to the minimum requirements of the Zoning Law as to area and dimensions for the zone in which the subdivision is located. However, in the event of utilizing § 7-738 of the Village Law, the Planning Board may use its discretion in determining lot sizes.

C. Each lot shall abut on a street built to the village’s specification.

D. Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required by the Zoning Law.

E. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.

F. Side lines of lots shall be at right angles to straight streets, and radial to curved streets.

G. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, require modification of such lots.

H. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Law and to provide for convenient access, circulation control and safety of street traffic.

I. Blocks intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

8618


§ 86-16. Easements.

An easement shall be provided for all natural drainage ways and all utility lines when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary plat and final plat. A clause shall be inserted in the deed of each lot affected by an easement indicating that the easement exists and its purpose. Except as further required in this section, easements shall have a minimum width of ten (10) feet. Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement conforming substantially with the lines of such watercourse shall be provided. The easement shall be twenty (20) feet wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Planning Board in consultation with the Village Engineer. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. All utility lines which are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services. A five-foot easement running parallel with and contiguous to all street and highway rights-of-way shall be provided to the village granting the village the right to protect, plant, prune, spray, remove, control, regulate and improve shrubbery and shade trees therein.

§ 86-17. Landscaping and ground cover.

A. All lot areas which are not covered by structures or paving shall be properly seeded by the developer.

B. The developer shall provide a liberal and functional landscaping scheme for the entire subdivision. Each lot shall be provided with a minimum of two (2) trees which shall be in addition to the street shade trees. This requirement may be waived by the Planning Board in wooded areas where the subdivider intends to maintain existing trees.

C. Individual homeowners may, by written agreement with the subdivider and builder, seed and landscape their yards independently.

8619

§ 86-17 FARNHAM CODE § 86-18

D. When a proposed subdivision borders upon an existing commercial or industrial establishment or any other use which, in the opinion of the Planning Board, may be visually detrimental to the tranquility of the future residents of the subdivision, the Planning Board may require a landscape screen to buffer the subdivision from the visually noncompatible use.

§ 86-18. Preservation of natural features.

A. Topsoil moved during the course of construction shall be resdistributed so as to provide at least six (6) inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the Planning Board.

B. To the fullest extent possible, all existing trees and shrubbery shall be given to the arrangement and ultimate improvement or development of the lots to this end. Precautions shall also be taken to protect existing trees and shrubbery during the process of grading the lots and roads. Where there is a question as to the desirability of removing a group of trees, which serve to add interest and variety to the proposed subdivision, in order to allow for use of the land for a lot or lots, the Planning Board may, after proper investigation, require modification of such lots. Where any land other than that included in public rights-of-way is

to be dedicated to the public use, the developer shall not remove any trees from the site without written permission from the Planning Board.

C. Where a subdivision is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved unless, in the opinion of the Planning Board, a change or realignment will enhance the development and beauty of the subdivision or the utilization of such features by the future residents of the subdivision. All proposed changes in watercourse alignment shall be in accordance with the revised New York State Stream Conservation Law.

8620


D. Unique physical features, such as historic landmarks and sites, rock out-croppings, hilltop lockouts, desirable natural contours and similar features, shall be preserved if possible.

E. The subdivider shall not be permitted to leave any surface depressions which will collect pools of water.

F. The subdivider shall not be permitted to leave any hills or mounds of dirt around the tract. All surfaces shall be restored within six (6) months of the time of the completion of the section of the subdivision.

§ 86-19. Floodplains.

A. Mapping. If any portion of the land within the subdivision is subject to inundation or flood hazard by stormwater, such fact and portion shall be clearly indicated on the preliminary plat and the prominent note on each sheet of such map whereon any such portion shall be shown.

B. Use. Land subject to flooding and land deemed by the Planning Board to be otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard.

§ 86-20. Self-imposed restrictions.

The owner may place restrictions on the development greater than those required by the Zoning Law. Such restrictions, if any, shall be indicated on the final plat.

§ 86-21. Modifications.

The Planning Board may modify the specified requirements in any individual case where, in the Board’s judgment, such modification is in the public interest or will avoid the imposition of unnecessary individual hardship.

8621§ 86-22 FARNHAM CODE § 86-23

§ 86-22. Parks, playgrounds and open spaces.

A. Land shall be reserved for park, playground, open space or other recreational purposes in locations designated on the Comprehensive Plan or elsewhere where the Planning Board deems that such reservations would be appropriate. Each reservation shall be of an area equal to ten percent (10%) of the total land within the subdivision, but in no case shall a reservation be less than five (5) acres. The area to be preserved shall possess the suitable topography, general character and adequate road access necessary for its recreational purposes.

B. Where a subdivision is too small to establish an adequate recreation area site, where the land in a subdivision is unsuitable in character or where the Village Comprehensive Plan or good planning judgment would not locate a recreation area or in the case of a minor subdivision, the applicant will be required to provide a per-lot cash equivalent, deposited with the Village Clerk for the account of the Village Park, Playground and Open Space Trust Fund to be used for acquisition of such areas in suitable locations.

C. Where the Planning Board requires land to be set aside for parks, playgrounds or other recreational purposes, the Board shall require that the site be graded, loamed and seeded and may require it to be fenced.

D. When area for park, playground, recreational purposes or open space shall have been required on the final plat, the approval of said final plat shall not constitute an acceptance by the village of such an area.

ARTICLE IVImprovements

§ 86-23. Required improvements.

The developer, before the approval of the final plat, shall complete all improvements to the satisfaction of the Village Engineer or post a performance bond sufficient to insure the satisfactory completion of the following required improvements except where waivers may be requested and the Planning Board may waive, subject to appropriate


conditions, such improvements as it considers are not requisite in the interest of public health, safety and general welfare.

A. Streets. All streets shall be constructed, graded and paved in accordance with the standards and specifications on file in the Village Clerk’s office.

B. Storm drains, culverts, catch basins and other drainage structures shall be installed in accordance with the standards and specifications on file in the Village Clerk’s office and in accord with the final map approved by the Planning Board. All pipe shall comply with the requirements of the current New York State Highway Department specifications governing construction of these facilities. The location, length, depth, size, grade and type of pipe shall be designated in the plans. If unusual conditions are discovered at the time of construction, which are not provided for on the plans, the Village Engineer shall determine the type and extent of construction required to overcome such conditions.

C. Curbing shall be constructed on both sides of all streets shown on all proposed subdivision plats and in accord with the construction standards on file in the Village Clerk’s office.

D. Sidewalks shall be required on both sides of the street and constructed in accord with the standards on file in the Village Clerk’s office.

E. Driveway aprons shall be required between the curbing and the sidewalk and shall be of six-inch concrete meeting the same specifications established for curbing.

F. Street signs shall be of metal and shall be installed at the intersection of all streets in conformity with village specifications at the locations approved by the Planning Board.

G. Grass strips shall be provided within the portion of the street right-of-way beyond the curb line and shall be properly graded and seeded.

H. Street trees shall be planted in every subdivision at intervals from forty (40) to sixty (60) feet along both sides of the street. Existing trees may be taken into consideration when determining the above. Trees shall be at least three (3) feet

8623§ 86-23 FARNHAM CODE § 86-23

from any sidewalk and located on the building side of the walk rather than the street side. Where dwelling structures are oriented with their rear on the street, street trees shall be at least six (6) feet from the curb line. Trees should also be at least ten (10) feet from any line which is directly under utility wires. The average trunk diameter shall be at least two (2) inches and an average height of six (6) feet above finished grade level is required. Such trees shall be of a species and at locations approved by the Planning Board. No tree shall be planted within twenty-five (25) feet from an existing or proposed streetlight or street intersection.

I. Shade trees, other than within the right-of-way, may be required when, taking into consideration the existing trees on the lots, the Planning Board shall deem it necessary. Such trees shall be in conformance with the standards of size, kind and locational limitations prescribed for trees along the street line.

J. Streetlighting facilities shall be provided along all streets in the subdivision and along all streets upon which the subdivision abuts. Such lighting facilities shall be in accordance with the village standards and shall be installed as approved and directed by the Village Engineer.

K. Sanitary sewers and treatment disposal facilities shall be required. Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for connection with such sanitary sewer and shall provide within the subdivision the sanitary sewer system required to make the sewer accessible to each lot in the subdivision. Sewer systems shall be approved by the Village and State Health Official(s) and be in accordance with other requirements of law. The construction is subject to the supervision of the Village Engineer.

L. Where a public water main is within five hundred (500) feet, the subdivider shall connect with such water main and provide a water connection for each lot in accordance with village standards, procedures and supervision. Fire hydrants shall be required and shall be installed in the locations approved by the Village Engineer and in accord with the New York State Board of Fire Underwriters.

8624


M. Permanent monuments shall be set at block corners and at intervals of approximately five hundred (500) feet, or such other distance as the Planning Board may determine appropriate, and their location shall be shown on the final plat. Iron pipes shall not be considered permanent monuments for the purpose of these regulations. Standards for monuments are on file in the Village Clerk’s office.

§ 86-24. Permitted modifications.

The following modifications are permitted:

A. Concrete curbing may be omitted and, in lieu thereof, rolled gutters or other means for controlling stormwaters may be constructed as may be approved by the Village Engineer and Planning Board.

B. Sidewalks may be omitted on one (1) or both sides of the street to the extent deemed appropriate by the Planning Board.

C. Where curbing and/or sidewalks are not provided, adequate provision for the protection of the edge of the road pavement and graded shoulders at all driveway openings and other accessways shall be provided in a manner approved by the Village Engineer.

D. Where sidewalks and curbing are not provided, grass curb strips shall not be required. However, grading and seeding of the are between the pavement edge, shoulder or approved drainage structure and the front property line of the lot shall be provided.

E. Individual sewage disposal systems (septic tanks) may be provided in lieu of facilities connected to a public sanitary sewage disposal system. Where such system is not reasonably available, such on-site disposal systems shall not be subject to all other applicable laws and regulations of the village, county, and state. Sewage lagoons shall be prohibited.

8625§ 86-24 FARNHAM CODE § 86-25

F. Individual on-site water supply systems may be provided in lieu of providing a water supply connected to a public utility system. Where such a system is not reasonable available, such on-site water supply systems shall not be subject to the provisions of these regulations regarding subdivision approval but shall be subject to all other applicable laws and regulations of the village, county and state.

G. Fire hydrants may be omitted where adequate water mains, which are a part of a public utility water system, are not either existing or proposed to be available to the subdivision.

ARTICLE VPlat Specifications

§ 86-25. Preliminary plats.

Preliminary plats submitted to the Planning Board shall be drawn to a scale of not more than one (1) inch equals one hundred (100) feet, and shall show the following information:

A. The location of the property with respect to surrounding property and streets. There shall also be included a key map at a scale of one (1) inch equals five hundred (500) feet showing all streets, streams and property within one thousand five hundred (1,500) feet of the applicant’s property. All property held by the applicant in the area should be identified.

B. The location and approximate dimensions of all existing property lines, including the entire area proposed to be subdivided and the remainder of the tract owned by the subdividing owner.

C. All pertinent features such as existing structures, streets, railroads, water bodies, streams, swamps and large trees that may influence the design of the subdivision and topography of a contour interval of not more than five (5) feet, unless waived by the Planning Board.

D. The location, width and approximate grade of all proposed streets. Approximate elevations shall be shown at the beginning and end of each street, at street


intersections and at all points where there is a decided change in the slope or direction.

E. The approximate location, dimensions and area of all proposed or existing lots. F. The approximate location and dimensions of all property proposed to be set

aside for playground or park use.

G. The names of all property owners of record or the names of developments within five hundred (500) feet.

H. The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider, if other than the owner, and the name of the land surveyor.

I. The date, source of the North point and scale.

J. Acreage of tract to be subdivided to nearest tenth of an acre.

K. Proposed provision of water supply, fire protection, disposal of sanitary waste, stormwater drainage, street trees, streetlighting fixtures, street signs and sidewalks data on which must be available for consideration at this state.

L. The total number of residential lots. Each block shall be numbered and the lots within each block shall be numbered consecutively in accordance with the procedure established by the village.

§ 86-26. Final plats.

A. Final plats shall be accompanied by separate Construction Detail Sheets, and both shall be submitted to the Planning Board for approval, as follows:

(1) Drawing, scale and size of plat and Construction Detail Sheets. The subdivision plat and Construction Detail Sheets shall be clearly and legibly drawn on a stable transparent base (milar, cronaflex, etc.). In areas zoned for lots of minimum size of twenty thousand (20,000) square feet or more, maps and profiles shall be at a scale of one (1) inch equals one hundred (100) feet. In areas zoned for lots less than twenty thousand (20,000)

8627§86-26 FARNHAM CODE § 86-26

square feet, maps and profiles shall be at a scale of one (1) inch equals fifty (50) feet. Maps shall be on uniform size sheets in accordance with the New York State statutes. Whenever any project is of such size that more than one (1) sheet is required, then an index map of the same size sheet shall accompany these sheets. The Construction Detail Sheets shall show all items included in Subsection A(4) below and as actually constructed.

(2) Information to be show on plat shall be as follows:

(a) The proposed subdivision name or identifying title which shall not duplicate or too closely approximate that of any other development in the village.

(b) The date, source of the North point and scale.

(c) The name, address and signature of the owner, subdivider, licensed civil engineer and land surveyor.

(d) The names of owners of record of abutting properties or developments.

(e) The locations, names and widths of existing streets, highways and easements, building lines, parks and other public properties.

(f) The locations and widths of all streets and sidewalks, together with names of streets and location, dimensions and status of all easements proposed by the subdivider.

(g) Lot areas in square feet.

(h) Lot lines with accurate dimensions and bearings of angles.

(i) Sufficient data to determine readily the location, bearing and length of all lines and to reproduce such lines upon the ground.

(j) The radii of all curves and lengths of arcs.

(k) The location, material and approximate size of all mounuments.


(l) The accurate outline of all property which is offered to be offered for dedication for public use, with the purpose indicated thereon,

and of all property that is proposed to be reserved by deed convenant for the common use of the property owners of the subdivision.

(m) The acreage of tract to be subdivided to nearest tenth of an acre.

(n) The total number of residential lots. Each block shall be numbered and the lots within such block shall be numbered consecutively in accordance with the procedure established by the village

(3) In addition to the subdivision plat as described above, the following shall also be presented to the Planning board:

(a) A certificate that there are no tax liens on the property being subdivided.

(b) A performance bond in such amount as is necessary to complete street and utility improvements.

(4) Construction Detail Sheets. Construction Detail Sheets shall show the following information, except that where requirements have been waived, applicable specifications may be omitted:

(a) Profiles showing existing and proposed elevations along the center lines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets, within one hundred (100) feet of the intersection, in both directions, shall be shown. All elevations must be referred to established United Stated Government or approved local bench marks, where they exist within one-half (1/2) mile of the boundary of the subdivision.

(b) The Planning Board may require, where steep slopes exist, that present elevations of all proposed streets shall be shown every one hundred (100) feet at five (5) points on a line at right angles to the

8629§ 86-26 FARNHAM CODE § 86-27

center line of the street, and said elevation points shall be at the center line of the street, each property line and points thirty (30) feet inside each property line.

(c) Plans and profiles showing the location and a typical section of street pavements, including curbs and gutters, sidewalks, manholes and catch basins; the locations of street trees, streetlighting standards and street signs; the location, size and invert elevations of existing and proposed sanitary sewers, stormwater drains and fire hydrants; and the exact location and size of all water, gas, electric or other underground utilities or structures.

B. All plans shall conform to the village minimum road specifications and shall be subject to the approval of the Village Engineer.

ARTICLE VIAdministration and Enforcement

§ 86-27. Variances and waivers.

A. Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or the Zoning Law, if such exists.

B. Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions.

C. In granting variances and modifications, the Planning Board shall require such


conditions as will, in its judgement, secure substantially the objectives of the standards or requirements so varied or modified.



8631

TAXATION

Chapter 87

TAXATION

ARTICLE IGross Receipts Utility Tax

§ 87-1. Authority; imposition.§ 87-2. Definitions.§ 87-3. Application.§ 87-4. Disposition of revenues.§ 87-5. Collection; enforcement.§ 87-6. Returns; filing; contents.§ 87-7. Payment.§ 87-8. Penalties for offenses; interest.§ 87-9. Tax as operating cost.§ 87-10. Failure to file; incorrect returns.§ 87-11. Review of final determination.§ 87-12. Notice.§ 87-13. Refunds.§ 87-14. Review of proceedings for refunds.§ 87-15. Limitation of additional tax.§ 87-16. Powers of Village Treasurer.§ 87-17. Enforcement.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham: Art. I, 10-17-89 as L.L. No. 2-1989. Amendments noted where applicable.]

8701 12 – 25 - 89§ 87-1 FARNHAM CODE § 87-2

ARTICLE IGross Receipts Utility Tax

[Adopted 10-17-89 as L.L. No. 2-1989]

§ 87-1. Authority; imposition.

Pursuant to the authority granted by Article 5, § 5-530, of the Village Law of the State of New York, from on and after October 17, 1989, there is hereby imposed:

A. A tax equal to one per centum (1%) of the gross income of every utility doing business in the Incorporated Village of Farnham which is subject to the supervision of the New York State Department of Public Service and which has an annual gross income in excess of five hundred dollars ($500.), except motor carriers of brokers subject to such supervision under Article 3-B of the Public Service Law.1

B. A tax equal to one per centum (1%) of the gross operating income of every other utility doing business in the Incorporated Village of Farnham which has an annual gross operating income in excess of five hundred dollars ($500.).


As used in this Article, the following terms shall have the meanings indicated:

GROSS INCOME – Includes:

A. In the case of a utility engaged in selling telephony or telephone service, only receipts from local exchange services wholly consummated within the village.

B. In the case of utility engaged in selling telegraphy or telegraph service, only receipts from transactions wholly consummated within the village.

C. In the case of any utility other than those described above, “gross income” shall include:

___________________1 Editor’s Note: Article 3-B of the Public Service Law was repealed by I. 1970, c.267, § 5. See now Transportation Law § 240 et seq.

8702 12 – 25 - 89§ 87-2 TAXATION § 87-2

(1) Receipts received in or by reason of any sale, conditional or otherwise (except sales hereinafter referred to with respect to which it is provided that profits from the sale shall be included in gross income), made or service rendered for the ultimate consumption or use by the purchaser in the village, including cash credits and property of any kind or nature, whether or not such sale is made or such service is rendered for profit, without any deductions therefrom on account of the cost of the property sold, the cost of the materials used, labor or services or other costs, interest or discount paid or any other expense whatsoever.

(2) Profits from the sale of securities.

(3) Profits from the sale of real property growing out of the ownership or use of or interest in such property.

(4) Profits from the sale of personal property (other than property of a kind which would properly be included in the inventory of a taxpayer if on hand at the close of the period for which a return is made).

(5) Receipts from interest, dividends and royalties, derived from sources within the village (other than such as are received from a corporation, a majority of whose voting stock is owned by the taxpaying utility), without any deduction therefrom for any expenses whatsoever incurred in connection with the receipt thereof.

(6) Profits from any transaction, except sales for resale and rentals, within the village whatsoever.

GROSS OPERATING INCOME – Includes receipts in or by reason of any sale, conditional or otherwise, made for the ultimate consumption or use by the purchaser of gas, electricity, steam, water, refrigeration, telephone or telegraphy or in or by reason of the furnishing for such consumption or use of gas, electric, steam, water, refrigerator, telephone or telegraph service in the village, including cash credits and property of any kind or nature, without deduction therefrom on account of the cost of the property

8703 12 – 25 - 89§ 87-2 FARNHAM CODE § 87-2

sold, the cost of materials used, labor or services or other costs, interest or discount paid or any other expense whatsoever.

PERSON – Persons, corporations, companies, associations, joint-stock associations, copartnerships, estates, assignees of rent or any person acting in a fiduciary capacity or any other entity; and persons, their assignees, lessees, trustees or receivers, appointed by any court whatsoever or by any other means; except the state, municipalities, public districts and corporations and associations organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

UTILITY – Includes: A. Every person subject to the supervision of the State Department of Public

Service, except:

(1) Persons engaged in the business of operating or leasing sleeping and parlor railroad cars.

(2) Persons engaged in the business of operating or leasing railroads other than street-surface, rapid-transit, subway and elevated railroads.

(3) Omnibus corporations subject to supervision under Article 3-A of the Public Service Law.2

B. Every person who sells gas, electricity, steam, water, refrigeration, telephony or telegraphy delivered through mains, pipes, or wires, whether or not such person is subject to the supervision of the State Department of Public Service.

C. Every person who furnishes gas, electric, steam, water, refrigeration, telephone or telegraph service, by means of mains, pipes or wires, regardless of whether such activities are the main business of such person or are only incidental thereto or of whether use is made of the public streets.

________________________2 Editor’s Note: Article 3-A of the Public Service Law was repealed by I. 1970, c267, § 5. See now Transportation Law § 150 et seq.

8704 12 – 25 - 89§ 87-3 TAXATION § 87-5

§ 87-3. Application.

This Article and the tax imposed thereby shall:

A. Apply only within the territorial limits of the Village of Farnham and shall not apply and the tax shall not be imposed on any transaction originating or consummated outside of the territorial limits of the Village of Farnham notwithstanding that some act is necessarily performed with respect to such transaction within such limits.

B. Be in addition to any and all other taxes and fees imposed by any other provisions of law.

C. Apply to all subject income received on and after October 17, 1989.

§ 87-4. Disposition of revenues.

All revenue resulting from the imposition of the tax imposed by this Article shall be paid into the treasury of the village and shall be credited to and deposited in the general fund of the village.

§ 87-5. Collection: enforcement.

The Village Treasurer shall be the chief enforcement officer of this Article and shall make and be responsible for all collections hereunder. He or she shall also have the power and authority to make any rules or regulations or directives, not inconsistent with law, which, in his or her discretion, are reasonably necessary to facilitate the administration of this Article and the collection of the taxes imposed hereby. Copies of all such rules and regulations and directives, as may from time to time be promulgated, shall be sent by registered mail to all utilities subject to this Article which register as such with the Village Treasurer. All such rules, regulations and directives shall be deemed a portion of this Article.

8705 12 – 25 - 89§ 87-6 FARNHAM CODE § 87-8

§ 87-6. Returns; filing; contents.

A. Time of filing. Every utility subject to a tax hereunder shall file on or before December 1 and June 1 a return for the six (6) calendar months preceding each return date, including any period in which the tax imposed hereby or any amendment hereof is effective. However, any utility whose average gross income or gross operating income for the aforesaid six-month period is less than three thousand dollars ($3,000.) may file a return annually on May 1 for the twelve (12) calendar months preceding each return date, including any period for which the tax imposed hereby or any amendment hereof is effective. Any utility, whether subject to tax under this Article or not, may be required by the Village Treasurer to file an annual return.

B. Contents. Returns shall be filed with the Village Treasurer on a form to be furnished by the Treasurer for such purpose and shall show thereon the gross income or gross operating income for the period covered by the return and such other information, data or matter as the Village Treasurer may require to be included therein. Every return shall have annexed thereto a certification by the head of the utility making the same or of the owner or of a copartner thereof or of a principal corporate officer to the effect that the statements contained therein are true.

§ 87-7. Payment.

At the time of filing a return, as required by this Article, each utility shall pay to the Village Treasurer the tax imposed hereby for the period covered by such return. Such tax shall be due and payable at the time of the filing of the return or, if a return is not filed when due, on the last day on which the return is required to be filied.

§ 87-8. Penalties for offenses; interest.

Any utility failing to file a return or a corrected return or to pay any tax or any portion thereof within the time required by this Article shall be subject to a penalty of five per centum (5%) of the amount of tax due, plus one per centum (1%) of such tax for each

8706 12-25-89

§ 87-8 TAXATION § 87-11

month of delay or fraction thereof, excepting the first month, after such return was required to be filed or such tax became due, but the Village Treasurer, if satisfied that the delay was excusable, may remit all or any portion of such penalty.

§ 87-9. Tax as operating cost.

The tax imposed by this Article shall be charged against and be paid by the utility and shall not be added as a separate item on bills rendered by the utility to customers or others but shall constitute a part of the operating costs of such utility.

§ 87-10. Failure to file; incorrect returns.

In case any return filed pursuant to this Article shall be insufficient or unsatisfactory to the Village Treasurer, he or she may require, at any time, a further or supplemental return which shall contain any data that may be specified by him or her, and, if a corrected or sufficient return is not filed within twenty (20) days after the same is required by notice from the Treasurer or if no return is made for any period, the Village Treasurer shall determine the amount due from such information as he or she is able to obtain from indices or otherwise. He shall give notice of such determination to the utility liable for such tax. Such determination shall finally and irrevocably fix such tax, unless the utility against which it is assessed shall, within one (1) year after the giving of notice of such determination, apply to the Treasurer for a hearing or unless the Treasurer, of his own motion, shall reduce the same. After such hearing he shall give notice of his decision to the utility liable for such tax.

§ 87-11. Review of final determination.

Any final determination of the amount of any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality or any other reason whatsoever by a proceeding under Article 78 of the Civil Practice Law and Rules if the proceeding is commenced within ninety (90) days after the giving of notice of such final determination, provided, however, that any such proceeding under said Article 78 of the Civil Practice Law and Rules if the proceeding is commenced within ninety (90) days after the giving of notice of such final determination, provided, however, that any such proceeding

8707 12 – 25 - 89§ 87-11 FARNHAM CODE § 87-13

under said Article 78 shall not be instituted unless the amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for by local law, ordinance or resolution, shall be first deposited and an undertaking filed, in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 87-12. Notice.

Any notice authorized or required under the provisions of this Article may be given by mailing the same to the utility for which it is intended, in a postpaid envelope, addressed to such utility at the address given by it in the last return filed by it under this Article or, if no return has been filed, then to such address as may be obtainable. The mailing of such notice shall be presumptive evidence of the receipt of the same by the utility to which addressed. Any period of time which is determined according to the provisions of this section by the giving of notice shall commence to run from the date of mailing of such notice.

§ 87-13. Refunds.

If, within one (1) year from the giving of the notice of any determination or assessment of any tax or penalty, the person liable for the tax shall make application for a refund thereof, and the Village Treasurer or the court shall determine that such tax or penalty or any portion thereof was erroneously charged, the Village Treasurer shall refun the amount so determined. For like cause and within the same period, a refund may be so made on the initiative of the Village Treasurer. However, no refund shall be made of a tax or penalty paid pursuant to a determination if the Village Treasurer, as hereinbefore provided or of his own motion, shall have reduced the tax or penalty or it shall have been established in a proceeding in the manner provided in the Civil Practice Law and Rules that such determination was erroneous or illegal. An application for a refund, made as hereinbefore provided, shall be deemed an application for the revision of any tax or penalty complained of, and the Village

8708 12 – 25 - 89§ 87-13 TAXATION § 87-16

Treasurer may receive additional evidence with notice thereof to the person interested, and he shall be entitled to commence a proceeding to review such determination, in accordance with the provisions of the following section hereof.

§ 87-14. Review of proceedings for refunds.

Where any tax imposed hereunder shall have been erroneously, illegally or unconstitutionally collected and application for the refund thereof duly made to the Village Treasurer and he shall have made a determination denying such refund, such determination shall be reviewable by a proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that such proceeding is instituted within ninety (90) days after the giving of the notice of such denial that a final determination of tax due was not previously made and that an undertaking is filed with the Village Treasurer in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding.

§ 87-15. Limitation of additional tax.

Except in the case of willfully false or fraudulent return with the intent to evade the tax, no assessment or additional tax shall be made with respect to taxes imposed under this Article after expiration of more than three (3) years from the date of filing of a return; provided, however, that where no return has been filed as required hereby, the tax may be assessed at any time.

§ 87-16. Powers of Village Treasurer.

In addition to any other powers herein given the Village Treasurer and in order to further ensure payment of the tax imposed hereby, he shall have the power to:

A. Prescribe the form of all reports and returns required to be made hereunder.

8709 12 – 25 – 89

§ 87-16 FARNHAM CODE § 87-17

B. Take testimony and proofs, under oath, with reference to any matter hereby entrusted to him.

C. Subpoena and require the attendance of witnesses and the production of books, papers, records and documents.

§ 87-17. Enforcement.

Whenever any person shall fail to pay any tax or penalty imposed by this Article, the Village Attorney shall, upon the request of the Village Treasurer, bring an action to enforce payment of the same. The proceeds of any judgment obtained in any such action shall be paid to the Village Treasurer. Each such tax and penalty shall be the lien upon the property of the person liable to pay the same, in the same manner and to the same extent that the tax and penalty imposed by § 186-a of the Tax Law is made a lien.

8710 12 – 25 - 89

§ 89-1 TRAILERS AND TRAILER PARKS § 89-1

Chapter 89

TRAILERS AND TRAILER PARKS

§ 89-1. Definitions.§ 89-2. License required.§ 89-3. Fees and charges.§ 89-4. Required facilities and conditions.§ 89-5. Duty of licensee.§ 89-6. Exceptions.§ 89-7. Penalties for offenses.

[HISTORY: ADOPTED BY THE Board of Trustees of the Village of Farnham 1-23-61. Sections 89-1, 89-3, 89-4B and 89-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

General penalty – See Ch. 1, Art. III.Fire prevention and building construction – See Ch. 56.Subdivision regulations – See Ch. 86.Zoning – See Ch. 101.



AUTOMOBILE TRAILER PARK – Any plot of ground where space is provided or used for more than one (1) automobile trailer or house car used or arranged to be used for living or sleeping on a short-term or a permanent basis, mounted on wheels

8901§ 89-1 FARNHAM CODE § 89-3

or arranged to be movable or propelled, either by its own power or drawn by another power-driven source or vehicle.1

§ 89-2. License required.

A. It shall be unlawful for any person, firm or corporation to establish, maintain, operate or conduct within the Village of Farnham any trailer or any automobile trailer park unless duly licensed to do so as hereinafter provided.

B. No trailer or trailer park shall be located in the Village of Farnham except that if an application has been made to the Village Board, upon forms provided for by the Village Clerk, and the application is accompanied by the written consent to such location from at least two-thirds (2/3) of the resident owners and two-thirds 2/3) of the total owners of all property within three hundred (300) feet of said location, and after a public hearing held by the Village Board on such application after public notice thereof published in the official paper once a week for two (2) consecutive weeks prior thereto, the Village Board may grant a permit for such a location, and provided further that this section shall not be construed as requiring said Village Board to grant any such permit, but that the granting thereof shall rest in the discretion of the Village Board.

C. No person shall use an automobile trailer or house car as a habitation, except in a licensed park, without first having acquired a license therefore from the Village Board, which can be granted only under the same provisions as those stated in Subsection B above.

§ 89-3. Fees and charges.2

A. Each application for a license provided for in § 89-2 shall be accompanied by a fee as set forth from time to time by resolution of the Board of Trustees. Said license shall expire one (1) year from the date of issue.

___________________1 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. i.

8902§ 89-3 TRAILERS AND TRAILER PARKS § 89-5

B. There is hereby imposed a service and inspection charge as set forth from time to time by resolution of the Board of Trustees on the occupant or occupants of each unit of trailer parks licensed hereunder. The licensee of the trailer park shall collect this charge for the Village of Farnham and pay it over to the Village Clerk in accordance with such regulations as the Village Board may establish governing such payments.

§ 89-4. Required facilities and conditions.

A. No license for such use of a trailer or house car or for the establishment of an automobile trailer camp shall be issued unless the automobile trailer or house car for which such license is sought shall be provided with adequate water closets, properly lighted and ventilated, and connections made with the properly lighted and ventilated, and connections made with the public water system where available, and connected to sewage facilities acceptable to the Village Board and the County of Erie Health Department specifications.

B. Setbacks and bulk regulations for automobile trailer camps shall be as set forth in § 101-24G of the Village Zoning Local Law for mobile home parks.3

C. Such license shall provide that it may be revoked by the Village Board at any time, and shall be subject to other and further regulations as the Board may impose.

§ 89-5. Duty of licensee.

Each automobile trailer or each automobile trailer park shall be under the management of a licensee. It shall be the duty of the licensee of such trailer or such park to:

A. Provide for the collection and removal of garbage and any other waste material.

B. Prohibit the placing or storage of unsightly material or vehicles of any kind.

__________________3 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

8903§ 89-5 FARNHAM CODE § 89-7

C. Provide for cleaning, painting, repairing and disinfecting of all buildings.

D. Report to the county Health officer all cases of communicable diseases or suspected cases of communicable diseases affecting any inmate of the trailer or the park or camp.

E. Prevent the committing of any nuisance in the trailer or park or camp premises and to report immediately to the proper authorities all acts of disorderly character committed by any person or persons inside the trailer or the park or camp, and to that end to maintain proper policing thereof.

F. Require that each trailer or house car shall be equipped with at least a one-and-one-half-quart Underwriters’ Label fire extinguisher.

§ 89-6. Exceptions.

The foregoing provisions of this chapter shall not apply to a nonpaying guest of a resident of the Village of Farnham who parks a house car or trailer upon the property of said resident for not exceeding seventy-two (72) hours in any month.




8904VEHICLES AND TRAFFIC

Chapter 93

VEHICLES AND TRAFFIC


§ 93-1. Effect of signs.§ 93-2. General parking restrictions.§ 93-3. Permit required for private parking restrictions.§ 93-4. Equipment.§ 93-5. Interference with parades or funerals.§ 93-6. Obstructing emergency equipment.§ 93-7. Tractors and other vehicles.§ 93-8. Compliance with traffic officers and regulations.§ 93-9. Noisy vehicles.§ 93-10. Penalties for offenses.

ARTICLE IISpeed Limits

§ 93-11. Establishment.§ 93-12. Compliance required.§ 93-13. Penalties for offenses.

ARTICLE IIIOvernight Parking

§ 93-14. Prohibited acts.

9301



[HISTORY: Adopted by the Board of Trustees of the Village of Farnham: Art. I, 8-22-55 as Art. VII of the 1955 Compilation; Art. II, 7-20-59; Art. III, 11-25-68 as L.L. No. 2-1968. Sections 93-10, 93-13B and 93-15 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Bicycles – See Ch. 30.


[Adopted 8-22-55 as Art. VII of the 1955 Compilation]

§ 93-1.1 Effect of signs.

On and after the erection of signs designating that all traffic shall stop before entering upon any arterial highway or through street, it shall be unlawful for any person to drive or propel any vehicle into any such arterial highway or through street, without first coming to a full stop at the place designated by such sign, or to drive or propel any such vehicle into or upon any such arterial highway or through street at a rate of speed exceeding ten (10) miles per hour.

§ 93-2. General parking restrictions.

No person shall park any motor vehicle:

A. Within ten (10) feet of any fire hydrant.

B. Within fifteen (15) feet of any street intersection.

C. On any crosswalk.

_________________________1 Editor’s Note: Former Sec. 1, Traffic Regulations, which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

9302§ 93-2 VEHICLES AND TRAFFIC § 93-5

D. Along the curb between signs having thereon the words “No Parking” or words of similar meaning.

E. Along the curb in front of any space marked by white paint and having painted on the curb or on the sidewalk adjacent thereto, the words “No Parking” or words of a similar meaning.

F. In front of any firehouse.

G. In front of any alley or driveway so as to obstruct the use thereof. H. In front of any pump for the sale of gasoline.

I. So as to be double parked.

§ 93-3. Permit required for private parking restrictions.

No person shall paint, erect or maintain any sign or mark on any street, public alley, curb or sidewalk, to regulate the parking of vehicles, without first obtaining a permit from the Village Board therefor.

§ 93-4. Equipment.

No person shall operate or drive any motor vehicle in the village between the time of one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise unless such vehicle is properly equipped with two (2) lighted headlights and one (1) lighted taillight, and also with a properly operated horn or other signal and with proper brakes in good working order, and no such motor vehicle shall be operated at any time with the cutout open.

§ 93-5. Interference with parades or funerals.

No person shall drive or operate any vehicle so as to obstruct, cross through or interfere with any vehicle so as to obstruct, cross through or interfere with any lawful procession, parade or funeral cortege.

9303§ 93-6 FARNHAM CODE § 93-10

§ 93-6. Obstructing emergency equipment.

Fire apparatus and ambulance shall have the right of way at all times on all of the streets, public alleys and public grounds of the village. Upon the approach of any fire apparatus or ambulance, the driver and operator of any vehicle shall immediately drive such vehicle to the curb and remain parked at the curb until such fire apparatus or ambulance has passed.

§ 93-7. Tractors and other vehicles.

No tractor or other vehicle shall be driven, propelled or moved over any street, public ground or crosswalk in the village if such vehicles or tractor shall have lugs or treads on its wheels or be in any way constructed so as to cause damage to any pavement, sidewalk or cross walk, without first obtaining a permit therefor from the Village Board.

§ 93-8. Compliance with traffic officers and regulations.

All persons shall comply with and obey all reasonable orders of all peace officers engaged in the direction of traffic, and obey all lawful traffic regulations.

§ 93-9. Noisy vehicles.

It shall be unlawful for any person to operate or drive any automobile, motor cycle or other vehicle in such a manner as to cause unnecessary noise or disturbance.2


Every person found guilty of violating any provision of this Article shall be subject to the penalties set forth in § 1800 of the Vehicle and Traffic Law.

_______________________2 Editor’s Note: Former Sec. 11, Overnight Parking, which immediately followed this section, was deleted at time of adoption of Code: see Ch. 1, General Provisions, Art. I. See new Art. III of this chapter.3 Editor’s Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

9304

§ 93-11 VEHICLES AND TRAFFIC § 93-13

ARTICLE IISpeed Limits

[Adopted 7-20-59]

§ 93-11. Establishment.

A. Upon the basis of an engineering and traffic investigation, thirty (30) miles per hour is hereby established as the maximum speed at which vehicles may proceed within the corporate limits of the Village of Farnham, except on the following highways:

(1) Route 5 in the Village of Farnham, which is presently designated as a limited speed zone by proper signs.

B. Upon the basis of an engineering and traffic investigation, forty (40) miles per hour is hereby established as the maximum speed at which vehicles may proceed within the corporate limits of the Village of Farnham on the following highways:

(1) Route 5 in the Village of Farnham, which is presently designated as a limited speed zone by proper signs.

§ 93-12. Compliance required. No person shall operate a vehicle on any highway or private road open to the public motor vehicles traffic at a rate of speed in excess of the maximums established in this Article.


A. It is a traffic infraction for any person to violate any of the provisions of this Article.

B. Any person who violates any provision of this Article shall be subject to the penalties set forth in § 1800 of the Vehicle and Traffic Law.4

________________4 Editor’s Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

9305§ 93-14 FARNHAM CODE § 93-15

ARTICLE IIIOvernight Parking

[Adopted 11-25-68 as L.L. No. 2-1968]

§ 93-14. Prohibited acts.

No vehicle shall be parked on any public highway within the corporate limits of the Village of Farnham, New York, between the hours of 2:00 a.m. and 7:00 a.m. during the period beginning November 1 and ending March 31 of each year.


Any persons violating any of the provisions of this Article shall, upon conviction thereof, be subject to the penalties set forth in § 1800 of the Vehicle and Traffic Law.

_________________________5 Editor’s Notes: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

9306

WATER

Chapter 97

WATER


§ 97-1. Unpaid water rents.§ 97-2. Duties of consumers.§ 97-3. Contracts for service; billing.§ 97-4. Right of entry.§ 97-5. Liability of village.§ 97-6. Boilers.§ 97-7. Connections and equipment.§ 97-8. Wasting water; service cock.§ 97-9. Leaks.§ 97-10. Damage to system.§ 97-11. Meters.§ 97-12. Method of billing.§ 97-13. Discontinuance of service.§ 97-14. Penalties for offenses.

ARTICLE IIRules and Regulations

§ 97-15. New service.§ 97-16. Charges.§ 97-17. Prohibited equipment.§ 97-18. Approval required.

9701


§ 97-19. Amendments.§ 97-20. Penalties for offenses.

ARTICLE IIIMeters

§ 97-21. Frequency of readings; charges.

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham: Art. I, at time of adoption of Code (see Ch. 1, General Provisions, Art. I); Art. II, 9-17-85 by resolution; Art. III, 6-16-87 by motion. Section 97-16 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES



[Adopted at time of adoption of Code1]

§ 97-1. Unpaid water rents.

All unpaid water rents shall be a lien upon the property occupied by the consumer.

§ 97-2. Duties of consumers.

A. Consumers are required to keep the service pipe and fixtures in good order and repair at their own expense. Water must never be allowed to run to waste.

______________1 Editor’s Note: See Ch. 1, General Provisions, Art. I.

9702§ 97-2 WATER § 97-6

B. Comsumers are warned against neglecting leaky fixtures, as the village will make no allowance or reduction on account of large bills resulting from leakage.

§ 97-3. Contracts for service; billing.

Contracts for water service will be made only with the owner of the premises to be supplied and the owners will in all cases be held responsible for all charges for water supplied to said premises, but upon request, the bill made out in the owner’s name will be sent to the tenant of the premises to which water is supplied. No owner or tenant of any premises supplied with water by the village will be allowed to supply any other person or premises unless specially consented to by the village.

§ 97-4. Right of entry.

The village undertakes to use reasonable care and diligence to provide a constant supply of water through its pipes to consumers, but reserves the right at any time without notice to shut off the water in its mains for the purpose of making repairs or extensions or for other purposes, and it is expressly agreed that the village shall not be liable for a deficiency or failure in the supply of water for any cause whatsoever, nor for any damage caused thereby or by the bursting or breaking of any main or service pipe or any attachment to the water system.

§ 97-6. Boilers.

All applicants having boilers upon their premises depending upon the pressure in the pipes of the village to keep them supplied are hereby cautioned against danger of

9703§ 97-6 FARNHAM CODE § 97-9

collapse, and all such damage must be borne exclusively by the applicant. In case of failure of supply, hot-water faucets should be opened at once.

§ 97-7. Connections and equipment.

A. Each building to which water is supplied must be connected with the main by a separate service pipe, which must be laid in a straight line from the main and enter the building at a right angle thereto. Such service pipe must be of copper piping not smaller than three-fourths (3/4) inch in diameter, and provided with an iron extension service box and a Mueller service cock, or one approved.

B. The service box must be at the level of the curb so that it can be readily seen and easy of access.

C. All service or distribution pipes, service cocks, service boxes, stopcocks, valves and all other fixtures beyond the main shall be subject to the approval of and laid in a manner satisfactory to the Superintendent of the Waterworks, and at the expense of the owner of the premises, by whom they must be maintained in good order.

§ 97-8. Wasting water; service cock.

It shall be the duty of the applicant to prevent all unnecessary waste of water, and failure to prevent waste after notice thereof shall, at the option of the village, constitute a breach of this contract and entitle the village to discontinue the supply. The service cock shall be for the use of the waterworks, unless the ferrule shall be withdrawn from the main, and under no circumstances shall any person not authorized by the village turn water on or off at the service cock.

§ 97-9. Leaks.

If leaks occur in the service pipes and are not repaired within a reasonable time after notice, the water will be shut off until necessary repairs are made. All plumbing connections shall be able to stand a pressure of at least two hundred (200) pounds to the square inch.

9704§ 97-10 WATER § 97-13

§ 97-10. Damage to system.

Any person who shall maliciously or willfully destroy or injure any of the works or property or who shall maliciously or willfully commit any act which shall injuriously affect or tend to affect the water of said waterworks, shall be prosecuted to the full extent of the law.

§ 97-11. Meters.

A. One (1) five-eighths-inch meter for each tap in corporation will be furnished by the village at its own cost, but the setting or any subsequent resetting thereof is to be done at the expense of the owner of the premises, who will also be required to bear all expense of repairs occasioned by fire, frost, accident or misuse and shall be liable for the loss of the meter from any cause whatsoever.

B. If a meter gets out of order or fails to register properly, it will be changed or repaired upon notice, and the applicant will be charged at the average rate of consumption as shown by a meter when in order, or according to the consumption during a previous corresponding quarter, at the discretion of the village.

§ 97-13. Discontinuance of service.

The village reserves the right to discontinue, without notice, water service in case of any violation of the ordinances by the consumer, and in case of nonpayment of any service charge or water rent, and a charge of one dollar ($1.) shall be made for turning on water after discontinuance for nonpayment of water rent, or otherwise.

9705

§ 97-14 FARNHAM CODE § 97-19


Unless otherwise provided in this Article, any person who violates any provision of this Article shall, upon conviction thereof, be subject to the penalties set forth in § 1-16 of this Code.

ARTICLE IIRules and Regulations

[Adopted 9-17-85 by resolution]

§ 97-15. New service.

All new water services and/or repairs to be contracted by and through the Village of Farnham.

§ 97-16. Charges.2

The current schedule of water rates and charges is on file in the Village Clerk’s office.

§ 97-17. Prohibited equipment.

No plastic piping will be allowed.

§ 97-18. Approval required.

No work will be done unless approved by the Board prior to the work being done. This shall include new pipework, services, etc.

§ 97-19. Amendments.

These rules and regulations are subject to change without notice._________________2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions. Art. I.

9706§ 97-20 WATER § 97-21


Tampering with water meters may result in arrest and conviction for theft of services and a resulting fine of one thousand dollars ($1,000.) and/or one (1) year in jail.

ARTICLE IIIMeters

[Adopted 6-16-87 by motion]

§ 97-21. Frequency of readings; charges.

The village shall check the customer’s water meter at least once every six (6) months. Should the homeowner or tenant be away due to vacation or illness, he must contact the village office and make appropriate arrangements for the meter reader to have access to the meter. Failure to do so will result in a fee of six dollars ($6.) to the homeowner or tenant.

9707

ZONING

Chapter 101

From the

CODE

of the

VILLAGE OF FARNHAM

COUNTY OF ERIESTATE OF NEW YORK

[Printed as last amended 3-17-87 by L.L. No. 2-1987 and as slated for amendment at time of adoption of Code. Consult municipal records for date of Code adoption and for possible amendments adopted thereafter.]



1988

ZONING

Chapter 101

ZONING


§ 101-1. Enactment. § 101-2. Title.§ 101-3. Intent. § 101-4. Word usage.§ 101-5. Definitions.§ 101-6. Enumeration of districts.§ 101-7. Zoning Map.§ 101-8. District boundaries.§ 101-9. Schedule of Area, Lot and Bulk Requirements.

ARTICLE IIDistrict Regulations

§ 101-10. Residential Districts.§ 101-11. Commercial Districts.§ 101-12. Industrial Districts.

ARTICLE IIIProvisions Applicable to All Districts

§ 101-13. Compliance required.§ 101-14. Building permits.§ 101-15. Nonconforming uses.

10101FARNHAM CODE

§ 101-16. Projections and encroachments into yards.§ 101-17. Ground story bay windows, oriels or balconies.§ 101-18. Fences and walls; setbacks.§ 101-19. Preservation of natural features.§ 101-20. Miscellaneous restrictions.

ARTICLE IVSpecial Uses

§ 101-21. Purpose.§ 101-22. Application for special use.§ 101-23. Authorization to conduct use. § 101-24. Additional standards.

ARTICLE VOff-Street Parking

§ 101-25. General provisions.§ 101-26. Required area for spaces.§ 101-27. Applicability.§ 101-28. Sharing of facilities.§ 101-29. Lighting.§ 101-30. Landscaping.§ 101-31. Minimum required spaces.

ARTICLE VISigns

§ 101-32. General provisions.§ 101-33. Nonconforming uses.

10102

ZONING

§ 101-34. Permitted signs. § 101-35. Limitations

ARTICLE VIIAbandoned Motor Vehicles

§ 101-36. Purpose.§ 101-37. Storage prohibited.§ 101-38. Unregistered vehicles.§ 101-39. Time limit for parking or storage.§ 101-40. Notice to remove.§ 101-41. Penalties for offenses.

ARTICLE VIIIBoard of Appeals

§ 101-42. Establishment; organization.§ 101-43. Powers and duties.§ 101-44. Procedures.§ 101-45. Office. § 101-46. Notice of hearings.

ARTICLE IXAdministration and Enforcement

§ 101-47. Code Enforcement Officer.§ 101-48. Compensation.§ 101-49. Powers and duties of Code Enforcement Officer.§ 101-51. Application procedures.

10103

§ 101-1 FARNHAM CODE § 101-1

§ 101-52. Fees.§ 101-53. Term of permit.§ 101-54. Exceptions.§ 101-55. Amendments.§ 101-56. Penalties for offenses.§ 101-57. Interpretation.

Schedule of Area, Lot and Bulk Requirements

[HISTORY: Adopted by the Board of Trustees of the Village of Farnham 3-27-79 as L.L. No. 1-1979. Sections 101-1, 101-2, 101-4, 101-5, 101-15A, 101-22, 101-24A, B(5), D(4), and G(2)(h), 101-32G, H and J(1), 101-34C(1), 101-39B, 101-41A, 101-42I, 101-43A, 101-44A, 101-45, 101-46, 101-47, 101-48, 101-49, 101-50, 101-51A, B(3) and (4), C(1) and (2), D(3) and (4) and E(6), 101-52A, 101-53 and 101-56 amended and §§ 101-11B(8), (9), (10), (11), (12) and (13) and 101-12B(7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18) and (19) added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCESGeneral penalty – See Ch. 1, Art. III.Fire prevention and building construction – See Ch. 56.Subdivision regulations – See Ch. 86.Trailers and trailer camps – See Ch. 89.


§ 101-1. Enactment.1

Pursuant to the authority conferred by Article 7, § 7-700, of the Village Law of the State of New York and for each of the purposes specified therein, the Village Board of Farnham, County of Erie and State of New York, has ordained and does hereby enact the following chapter, and restricting by districts, the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the

______________________1 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10104

§ 101-1 ZONING § 101-4

size of yards, courts and other open spaces, the density of population and location, and use of buildings, structures and land for trades, industry, residence or other purposes. Such regulations shall apply to and affect only such parts within the limits of this incorporated village.

§ 101-2. Title.2

This chapter shall be known as the “Zoning Local Law of the Village of Farnham, Erie County, New York.”

§ 101-3. Intent.

These regulations are made in accordance with a Comprehensive Plan and are designed to:

A. Lessen congestion in the streets; B. Assure safety from fire, panic and other dangers;

C. Promote health and general welfare;

D. Provide adequate light and air;

E. Prevent the overcrowding of land;

F. Avoid undue concentration of population; and

G. Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.

§ 101-4. Word usage.3

A. Words used in the present tense include the future tense. B. Words used in the singular include the plural, and words used in the plural

include the singular.________________2 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.3 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10105§ 101-4 FARNHAM CODE § 101-5

C. The word “lot” includes the word “plot” or “parcel.” D. The word “person” includes an individual, firm or corporation.

E. The word “shall” is always mandatory. F. The words “used” or “occupied” as applied to any land or building shall be

construed to include the words “intended, arranged or designed to be used or occupied.”

G. Any reference to an R District shall be interpreted to mean any district with the

prefix letter “R.” H. A building or structure includes any part thereof. I. Any reference to a C District shall be interpreted to mean any district with the

prefix letter “C.” J. Any reference to an I District shall be interpreted to mean any district with the

prefix letter “I.” K. “And” indicates that all connected items, conditions, provisions or events shall

apply. L. “Or” indicates that the connected items, conditions, provisions or events may

apply singly or in any combination. M. “Either . . . or” indicates that the connected items, conditions, provisions or

events may apply singly but not in any combination.

§ 101-5. Definitions. [Amended 5-21-85 by L.L. No. 1 1-1985; 3-21-85 by L.L. No. 2-1985; 3-17-87 by L.L. No. 1-19874]

The following words, terms and phrases, as used in this chapter, are defined as follows:


10106§ 101-5 ZONING § 101-5

ABANDONED, JUNKED, DISCARDED AND/OR INOPERABLE MOTOR VEHICLE – A motor vehicle which is in such condition that it cannot be readily restored to

operable condition for use upon the public highway and has remained in such a condition for a period of at least thirty (30) days.

ACCESSORY USE OR STRUCTURE – A use or structure customarily incidental and subordinate to the principal use of building, and (except as otherwise provided) located on the same lot with such principal use or building.

ALTERATION – Any change, rearrangement or addition or any relocation of a building or structure; any modification in construction or equipment.

ATTIC – Any area under a roof, with or without a finished floor, which does not meet other requirements for livable floor area.

BASEMENT – That portion of a building that is partly below grade which has more than one-half (1/2) of its height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

BUILDING – A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property, but not a trailer.

BUILDING AREA – The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal place at ground level.

BUILDING HEIGHT – The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs to the deck line of mansard roofs; and the mean height between eaves and ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in the height.

BUILDING WIDTH – The distance between the main wall of a building at right angles to the length and measured through the widest part of the building.

10107§ 101-5 FARNHAM CODE § 101-5

BUSINESS – A use or activity engaged in the purchase or sale of commodities, or in related financial transactions, including retail and wholesale sales of

convenience goods and services such as restaurants, motels, food products, drugs, clothing and hardware; sale of personal services such as barber, hairdressing, vehicular repair; and professional and other businesses such as banks, savings and loan companies, etc.

CELLAR – That portion of a building that is partly or entirely below grade, which has more than one-half (1/2) of its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

CODE ENFORCEMENT OFFICER – The officer charged with enforcement of building or fire codes and this chapter.

DWELLING – A building containing not more than the dwelling units occupied exclusively for residential uses.

A. DWELLING, ONE-FAMILY – A building containing one (1) dwelling unit and designed or used exclusively for occupancy by one (1) family.

B. DWELLING, TWO-FAMILY – A building containing two (2) dwelling units and designed or used exclusively for occupancy by two (2) families living

independent of each other; or two (2) one-family dwellings having a party wall in common.

C. DWELLING, MULTIPLE – A building containing three (3) or more dwelling units and designed or used for occupancy be three (3) or more families living independent of each other.

DWELLING UNIT – One (1) or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one (1) family.

FAMILY – A group of persons who live in one (1) house and under one (1) head; a household.

FARM – Any parcel of land which is used for gain in raising of agricultural products, including livestock, poultry or dairy products, crops, vineyards, orchards and nursery crops.

10108

§ 101-5 ZONING § 101-5

FARM STRUCTURE OR BUILDING – Any structure or building used for the housing

of agricultural equipment, products, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this section. The term “farm building” shall not include “farm dwelling.”

FLOOR AREA, TOTAL – The sum of the gross horizontal areas of the floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured between the inside fact of exterior walls, or from the center line of walls separating two (2) uses. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.

GARAGE, PRIVATE – A garage maintained primarily for the convenience of the resident occupant of the premises and in which no business is carried on and no service rendered to the public.

GARAGE, PUBLIC – Any garage other than a private garage.

HOME OCCUPATION – Any occupation carried on as a subordinate use by a member of the family residing on the premises of a residential lot.

HOME PROFESSIONAL OCCUPATION – The office of a member of a recognized profession when conducted on residential property, such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, ministers and other recognized professional persons.

HOTEL – A building operated for transient and more or less permanent occupancy by several individuals and providing dining rooms for its patrons.

HOUSE, LODGING OR BOARDING – A multiple dwelling used primarily for the purpose of furnishing lodging, with or without meals, to fifteen (15) or fewer transient occupants, for compensation.

LOT – Any parcel of ground having the required open spaces for one (1) building and its accessory buildings or uses.

10109§ 101-5 FARNHAM CODE § 101-5

LOT AREA – An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion

of a lot included in a public street right-of-way shall not be included in calculating “lot area.”

LOT, CORNER – A lot at the junction of and abutting on two (2) or more intersecting streets.

LOT, DEPTH OF – The mean distance between its mean street line and its mean rear line.

LOT LINE – Any boundary line of a lot.

LOT, PARKING – Any open space used for the temporary parking of motor vehicles.

LOT, WIDTH OF – A lot’s mean width measured at right angles to its mean depth.

MOBILE HOME – Any vehicle, vehicles or combination thereof used, designed for use or capable of being used for sleeping or living quarters for one or more persons for year-round occupancy designed to be moved from one (1) location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, whether propelled by its own power or by the power of another vehicle to which it may be attached, and whether the axle or carriage to which the wheels may be affixed are detachable or detached, and irrespective of the name or title assigned or designated by the manufacturer of the unit or any other persons and containing the same water supply, waste disposal and electrical conveniences as immobile housing.

MOBILE OME COURT – A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use.

MODULAR HOME – A single-family dwelling meeting all floor area, health and construction requirements of zoning and other town, country and state codes; the major components of which dwelling are assembled off site intended to be permanently affixed and actually so affixed to a permanent foundation with no

10110

§ 101-5 ZONING § 101-5

intent to be moved as a unit or components thereof to any other site.

MOTOR VEHICLE SERVICE OR FILLING STATIONS – Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or the fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, painting, dry cleaning or otherwise cleaning or servicing such motor vehicles.

NONCONFORMING USE – Any lawful building or structure or any lawful use of land, premises, building or structure which does not conform to the regulations of this chapter for the district in which such building, structure or use is located either on the effective date of this chapter or as a result of subsequent amendments hereto.

PERMIT – Written approval from the village.

PRINCIPAL USE – The main or principal purpose for which any land, building or structure is used or occupied.

RESIDENCE – A dwelling or building for occupancy in the whole by one (1) or more families.

ROOM, HABITABLE – That space within four (4) walls used or designed to be used in whole or in part of human habitation or part of the residence for once (1) or more human beings.

SIGN – Any device, structure or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups.

SIGN AREA – The area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines said sign.

SPECIAL USE – A use which, because of its unique characteristics, requires

10111§ 101-5 FARNHAM CODE § 101-5

individual consideration in each case by the Zoning Board of Appeals before it may be permitted in the district enumerated in this chapter.

SPECIAL USE PERMIT – Written approval from the Zoning Board of Appeals for a special use in accordance with Article VIII of this chapter.

STORY – That portion of a building between the surface of any finished floor and the surface of the finished floor next above it, or if there be no floor above it then the space between any floor and the ceiling next above it.

STORY, HALF – A story under a gable, hip or gambrel roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than two (2) feet above the floor of such story.

STREET – A public or private thoroughfare which affords the principal means of access to abutting property.

STREET GRADE - The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other street upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the “street grade.”

STREET LINE – The center line of a street right-of-way.

STREET, WIDTH OF – The right angle distance between the two (2) street lines of any alley, street, avenue or boulevard.

SUBDIVISION – A parcel of land divided into four (4) or more lots, the layout of which has been approved by the village.

TELECOMMUNICATION ANTENNA – Any device or arrangement of electronic components or equipment capable of transmitting radio frequency (RF) electromagnetic waves.

TELECOMMUNICATION FACILITY – Any structure, tower, foundation, supporting device and/or accessory structures or improvements used in connection with

siting or locating equipment such as telecommunication antennas for wireless, 10112

§ 101-5 ZONING § 101-6

cellular, digital or other communication signals, systems or services. For purposes of this definition, the term “accessory structure” shall include a non-inhabitable accessory cabinet, building or structure used to house equipment

which serves or supports antennas or similar equipment located on towers or other structures, usually located on the same lot as a tower.

TOWER – A structure designed or used to support antennas and’or satellite dishes including, without limitation, freestanding towers, guyed towers, monopole towers and similar structures.

TOURIST HOME – A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TOURIST, TRAILER OR CAR CAMP – Any place, area or premises upon which is located more than one (1) unit for living or sleeping purposes which is equipped with wheels or similar device; and used for the purpose of being transported from place to place by motive power or other means.

USE – The purpose for which a building, structure or premises or any part thereof is or are occupied, or if unoccupied the purpose for which they may be occupied hereunder.

UTILITY BUILDING – A building not to exceed one hundred (100) square feet, to be used as a storage shed or any other use, to be exempt from a building permit or increase in assessment. Any building in excess of one hundred (100) square feet in area will be subject to a building permit fee and a reassessment of the property.

VEHICLE, HABITABLE – Any vehicle used as a temporary or permanent habitable dwelling (excluding camping trailers not inhabited). Occupancy shall not exceed thirty (30) days.

VILLAGE BOARD – The duly elected Board of Trustees of the Village of Farnham.

YARD – The space between a building and a lot line.

YARD, FRONT – A yard between the front line of a building and the street line of a lot, but it may include the following attached portion of the building;

10113§ 101-5 FARNHAM CODE § 101-8

unenclosed porches not over eight (8) feet wide in depth, steps, open platforms or terraces, railings or balconies.

YARD, REAR - Any open space lying between the rear lot line and rear main wall of a building and running entirely across lot to two (2) side lot lines.

YARD, SIDE – An open space lying between a side lot line and a main side wall of a building and running from the front lot line or yard to the rear lot line or yard.

§101-6. Enumeration of districts.

The Village of Farnham is hereby divided into the following types of districts:R Residential

C Commercial I Industrial

§ 101-7. Zoning Map.5

A. Said districts are bounded and defined as shown on a map entitled “Zoning Map, Village of Farnham, Erie County, New York.” Said Zoning Map shall show the effective date of this chapter and of each subsequent amendment to said map and shall be duly certified by the Village Clerk.6

B. The Zone Map, which shall be a part hereof, shall be duly certified in the manner prescribed by the laws of the State of New York relating to village zoning.7

C. The Zone Map, when duly certified, shall be filed in the office of the Village Clerk and with the Board of Appeals.

D. All map amendments which shall be made at any time shall be filed with the above-mentioned Clerk and Board.

§ 101-8. District boundaries.

A. The boundaries of each of the created districts or zones are hereby established as shown on the Zone Map of the Village of Farnham, which map accompanies and is hereby declared to be a part of this chapter.8

10114§ 101-8 ZONING § 101-10

B. The district boundary lines are intended to generally follow street lines, existing lot lines or their projections or corporate boundary lines as indicated on the

Zone Map, but where a boundary line does not follow such a line, its position is shown and described on said map.

§ 101-9. Schedule of Area, Lot and Bulk Requirements.

The Schedule of Area, Lot and Bulk Requirements enclosed herein is made a part of this chapter.9 The regulations included in said Schedule are hereby established as minimum regulations of this chapter. Municipal facilities deemed necessary and appropriate by the Village Board are hereby exempted from such area and bulk requirements.

ARTICLE IIDistrict Regulations

§ 101-10. Residential Districts.

The following regulations shall apply in Residential Districts:

A. Permitted principal uses shall be as follows:

(1) One- and two-family dwellings, provided that the average floor area of the unit shall not be less than nine hundred twenty (920) square feet, exclusive of garage and basement space. Two-family dwellings must be eight hundred (800) square feet per unit.

(2) Churches and other similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.

(3) Public schools, private schools and nursery schools.

_________________5 Editor’s Note: The Zoning Map is on file in the Village Clerk’s office.6 Editor’s Note: Former Sec. 3-3, Description of zoning districts, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions. Art. I.7 Editor’s Note: See Art. 7 of the Village Law.8 Editor’s Note: The Zoning Map is on file in the Village Clerk’s office.9 Editor’s Note: The Schedule is included at the end of this chapter.

10115§ 101-10 FARNHAM CODE § 101-11

(4) Municipal parks, playgrounds and recreation areas and buildings; public library and government buildings or uses deemed necessary and

appropriate by the Village Board.

(5) County, state or federal parks, recreation areas and buildings.

(6) Nursing homes.

(7) Professional offices and home occupations.

B. Permitted accessory uses shall be as follows:

(1) Private garages.

(2) Customary residential storage structures.

(3) Animal shelters for domestic house pets.

(4) Other customary residential structures, such as private swimming pools, fireplaces, trellises, lampposts and the like.

(5) Home occupations.

(6) Home professional occupations.

C. Special permit uses shall be as follows:

(1) Public utility uses.

§ 101-11. Commercial Districts.

The following regulations shall apply in Commercial Districts:

A. All permitted uses and special permit uses in this district shall be governed by the approval of a site development plan required in § 101-51E.

10116

§ 101-11 ZONING § 101-11

B. Permitted principal uses shall be as follows:

(1) Retail and general business establishments, such as, but not limited to, the following:(a) Stores selling groceries, meats, baked goods and other such items.(b) Drugstores and pharmacies.(c) Stationery and variety stores.(d) Hardware, small appliance, radio and television stores.(e) Clothing and personal sundry shops.(f) General or department stores.(g) Restaurants or other establishments serving food and/or beverages,

except that no drive-in restaurant or other eating place shall be a permitted use.

(h) Lodging or boarding house.(i) Indoor commercial recreation uses and theaters.(j) Commercial greenhouses.

(2) Personal service establishments such as, but not limited to, the following:(a) Business, banking, financial and professional offices.(b) Barber- and beauty shops.(c) Shoe repair shops.(d) Tailor shops, dry-cleaning shops and self-service laundries.(e) Repair shops and services accessory to those uses permitted in

Subsection B(1) above.

(3) Other business uses which, in the opinion of the Planning Board, are similar in nature to those permitted above.

(4) Mixed dwelling and nondwelling uses, provided that in every case where a dwelling unit or dwelling units are located in the same building with a nondwelling use, said dwelling unit or units shall have two (2) means of egress from such buildings for all such units not located on the ground floor, available for use to each unit or units one (1) off-street parking space and, on the lot and accessible to each dwelling unit or units, two hundred (200) square feet of usable open space for each such dwelling unit.

(5) Churches and other similar places of worship, parish houses, rectories, convents or other such facilities of recognized religious groups.

10117§ 101-11 FARNHAM CODE § 101-11

(6) Commercial off-street parking areas.

(7) Meeting halls or auditoriums or membership clubs.

(8) One- and two-family dwellings, provided that the average floor area of the

unit shall not be less than nine hundred twenty (920) square feet, exclusive of garage and basement space. Two-family dwellings must be eight hundred (800 square feet per unit.10

(9) Public schools, private schools and nursery schools.11

(10) Municipal parks, playgrounds and recreation areas and buildings; public

_ library and government buildings or uses deemed necessary and appropriate by the Village Board.12

(11) County, state or federal parks, recreation areas and buildings.12

(12) Nursing homes.14

(13) Professional offices and home occupations.15

C. Permitted accessory uses shall be as follows:

(1) Off-street parking and loading areas.

(2) Garages for commercial vehicles.

(3) Customary accessory uses to a permitted principal use or approved special permit use.

D. Special permit uses shall be as follows:

(1) Multifamily dwellings, provided that not fewer than ten (10) units be included in such structures and that special provisions of § 101-24F are complied with._______________

10 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.11 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.12 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10118§ 101-11 ZONING § 101-12

(2) Motor vehicle service or filling stations.

(3) Public garages.

(4) Wholesale businesses, provided that such business is conducted intirely within an enclosed structure.

(5) Public utility uses.

(6) Drive-in restaurants.

(7) New and used car sales lots and showrooms.

(8) Hotels and motels.

§ 101-12. Industrial Districts.

The following regulations shall apply in Industrial Districts: A. All permitted uses and special permit uses in this district shall be governed by

the approved site development plan required in § 101-51E.

B. Permitted principal uses shall be as follows:

(1) Light industrial uses.

(a) Any use of a light industrial nature is permitted which involves only the processing, assembly or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:

[1] Dissemination of dust, effluents, smoke, smog, radiation, observable gas, waste products, objectionable noise, glare or

_______________________13 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.14 Editor’s Note: Added at time of adoption of Code’ see Ch. 1, General Provisions, Art. I.15 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10119§ 101-12 FARNHAM CODE § 101-12

vibration or other objectionable environmental conditions beyond the boundaries of the lot.

[2] Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.

(b) The following uses are indicative of those which are intended to be permitted:

[1] Manufacture of machinery, such as carburetor and small machine parts, cash registers, sewing machines, and typewriters, calculators and other office machines, etc.

[2] Fabrication of metal products, such as baby carriages, bicycles, metal foil, tin, aluminum, gold, etc; metal furniture; musical instruments; sheet metal products and toys’ etc.

[3] Fabrication of paper products, such as bags, book bindings, boxes and packaging material, office supplies and toys, etc.

[4] Fabrication Of wood products, such as boats, boxes, cabinets and woodworking, furniture and toys, etc.

[5] Food and associated industries, such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor,, etc.

[6] The warehousing or storage of goods and products, such as building materials, farm supplies and the like which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.

(2) Office buildings for executive, engineering and administrative purposes.

(3) Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.

(4) The manufacturing and processing of pharmaceutical and cosmetic products.

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§ 101-12 ZONING § 101-12

(5) Wholesale businesses, contractor’s yards, exterior storage, lumberyards, laundry and dry-cleaning establishments.

(6) Farms and related farming activities, provided that no storage of manure or odor- or dust-producing substance shall be permitted within one hundred (100) feet of an adjoining lot line.

(7)16 Retail and general business establishments such as but not limited to the following:(a) Stores selling groceries, meats, baked goods and other such items.(b) Drugstores and pharmacies.(c) Stationery and variety stores.(d) Hardware, small appliance, radio and television stores.(e) Clothing and personal sundry shops.(f) General or department stores.(g) Restaurants or other establishments serving food and/or beverages

except that no drive-in restaurant or other eating place shall be a permitted use.

(h) Lodging or boarding house.(i) Indoor commercial recreation uses and theaters.(j) Commercial greenhouses.

(8)17 Personal service establishments such as but not limited to the following:

(a) Business, banking, financial and professional offices.(b) Barber- and beauty shops.(c) Shoe repair shops.(d) Tailor shops, dry-cleaning shops and self-service laundries.(e) Repair shops and services accessory to those uses permitted in Subsection B(7) above.

(9) Other business uses which, in the opinion of the Planning Board, are similar in nature to those permitted above.18

_________________________16 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10121§ 101-12 FARNHAM CODE § 101-12

(10) Mixed dwelling and nondwelling uses, provided that in every case where a dwelling unit or dwelling units are located in the same building with a nondwelling use, said dwelling unit or units shall have two (2) means of egress from such buildings for all such units not located on the ground floor, have available for use to each unit or units one (1) off-street parking space and have, on the lot and accessible to each dwelling unit or units,

two hundred (200) square feet of usable open space for each such dwelling unit.19

(11) Churches and other similar places of worship, parish houses, rectories, convents or other such facilities of recognized religious groups.20

(12) Commercial off-street parking areas.21

(13) Meeting halls, auditoriums or membership clubs.22

(14) One- and two-family dwellings, provided that the average floor area of the unit shall not be less than nine hundred twenty (920) square feet, exclusive of garage and basement space. Two-family dwellings must be eight hundred (800) square feet per unit.23

(15) Public schools, private schools and nursery schools.24

(16) Municipal parks, playgrounds and recreation areas and buildings; public library and government buildings or uses deemed necessary and appropriate by the Village Board.25

(17) County, state or federal parks, recreation areas and buildings.26

(18) Nursing homes.27

(19) Professional offices and home occupations.28

C. Permitted accessory uses shall be as follows:

______________________17 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.18 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.19 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10122§ 101-12 ZONING § 101-14

(1) Retail sales areas accessory uses to a permitted principal use.

(2) Customary accessory uses to a permitted principal use or approved special permit use.

(3) Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.

D. Special permit uses shall be as follows:

(1) Public utility use.

(2) Excavation operation.

(3) Veterinarian offices, animal kennels or hospitals.

ARTICLE IIIProvisions Applicable to All Districts

§ 101-13. Compliance required.

No yard or court may be used and no building or part thereof may be constructed or moved except in conformance with the provisions of this chapter.

§ 101-14. Building permits. [Added 3-17-87 by L.L. No. 2-1987]

A. No work shall be done in or about the erecting, placing, altering or demolishing of any building, structure or part thereof, nor shall any electric wiring in any _______________________

20 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.21 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.22 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.23 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.24 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.25 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.26 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.27 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.28 Editor’s Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10123

§ 101-14 FARNHAM CODE § 101-15

building or structure be installed or altered, except pursuant to a permit issued as in this chapter provided and unless such permit at the time of the doing of such work shall be in full force and effect, and that no permit shall be required for repairs involving no structural change.

B. Any alteration concerning the installation of a fireplace or a wood-burning stove

requires the installation of a single-station smoke-detecting alarm device as

described in § 1060.10a, b, c and d of the New York State Uniform Fire Prevention and Building Code.

C. Upon assurance that the plans and specifications filed comply with the code and

that requirements of all other regulatory agencies, such as health, energy conservation, engineering, etc., have been met, the Code Enforcement Officer will issue the building permit upon payment of the proper fee. If the plans and specifications do not comply with this code, the Code Enforcement Officer shallrefuse to issue the permit until such changes have been made as will bring the plans and specifications within the limitations of this code.

D. Whenever, in the opinion of the Code Enforcement Officer, the erection, alteration or repair of any building or structure is being carried on in violation of a provision or requirement of this code, he may order, in writing, all further work to be stopped and may require suspension of work until such violation has been remedied.

§ 101-15. Nonconforming uses.

A. The lawful use of a building or a building lot laid out and conveyed and existing on the effective date of this chapter or any amendment thereto or authorized by a building permit issued prior thereof, may be continued, although such use does not conform to the provisions of this chapter, and such use may be extended throughout the building.29

B. No nonconforming use shall be extended so as to displace a conforming residential use. A nonconforming use may be changed to a conforming use or to a use of a higher classification according to the provisions of this chapter. use ___________________

29 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10124§ 101-15 ZONING § 101-17

Whenever a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a conformingor to a use of higher classification, provided that all other regulations governing the new use use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classification. No building which has been damaged by fire to

other causes to the extent of seventy-five percent (75%) of its area, shall be repaired or rebuilt except in conformity with the regulations of this chapter.

§ 101-16. Projections and encroachments into yards.

Except as hereinafter specified in this section, yards and courts required under this chapter shall be entirely free of buildings or parts thereof, except that in any Residence District, an open porch may extend into the required front yard, but not over eight (8) feet in depth.

§ 101-17. Ground story bay windows, oriels, or balconies.

A. Ground story bay windows, oriels or balconies having a combined total width not exceeding one-half (1/2) of the length of the wall to which they are attached, may project not more than three (3) feet into any required yard or into any required side yard which is over six (6) feet wide. An open porch or porte-cochere not over one (1) story high may project into any required side yard, provided that it does not come nearer the side lot line than a distance equivalent to one-half (1/2) the width of the side yard required as a minimum for that lot.

B. No porch, oriel, bay window, balcony, porte-cochere or stairway constructed under the provision of Subsection A above shall have a width of a greater dimension in excess of twice the distance of its projection.

10125

§ 101-18 FARNHAM CODE § 101-20

§ 101-18. Fences and walls; setbacks.

A. The requirements of this chapter respecting yards and courts and projections shall not apply to any accessory retaining wall not to any fence or wall which is less than five (5) feet in height, except that no solid wall or solid fence three and one-half (3 ½) feet high may be constructed in a front yard, within fifty (50) feet

of the junction of an intersecting street line, with the front lot line of the lot in question. No fence or hedge or any other obstruction shall be located or constructed in such a manner as to shut off light and air from any building or which may cause danger to traffic on a street or road by obstructing the view.

B. All buildings used for business purposes shall have minimum setback as set forth in this chapter.

§ 101-19. Preservation of natural features.

A. No structure shall be built within fifty (50) feet of the bed of a stream carrying water on an average of six (6) months of the year or on land subject to periodic overflow.

B. No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building or paved parking area on such premises and excavation or grading incidental thereof, provided, however, that the Village Board may, by special permit, grant an application for such stripping in accordance with § 101-20B of this chapter.

C. Existing natural features, such as trees, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum of such features consistent with the use of the property shall be required.

10126§ 101-20 ZONING § 101-20

§ 101-20. Miscellaneous restrictions.

A. Dumping of garbage or rubbish shall be permitted only in locations and under conditions approved by the Village Board and the Erie County Department of Health, any new construction of storage or disposal of sewage system, including excerta, bath, sink and laundry waters or trade wastes, shall be provided and installed in accordance with the rules, regulations and standards of the New

York State and Erie County Departments of Health. Careful consideration shall be given to the location and construction of private water supplies to assure adequate protection of such supplies.

B. The excavation or quarrying, stockpiling and sale of sand, gravel, rock, shale, clay or other natural mineral deposits (except topsoil) or any building destroyed by fire or peril or being demolished may be permitted if approved by the Planning Board and Village Board, subject to conditions which, in the opinion of the Boards, will protect nearby property owners and occupants against unreasonable nuisances and hazards during the period of operations and assure such final grading and other treatment as will produce a safe and useful area when operations have been discontinued. The Village Board may require the filing of an acceptable bond to guarantee compliance.

C. It shall be unlawful for any person, either for himself or as agent or servant for another, to erect or maintain any above the ground storage for liquid fuel Class I or Class II within the corporate limits of the village without first obtaining permission from the Village Board, and any such erections or installations shall be in strict conformity with regulations of the Zoning Board and Village Board and Fire Chief. The owner or operator of any such installations existing prior to the adoption of this chapter shall be required to keep tanks clear. Class I flammable liquids are those having a flashpoint below twenty-five degrees Fahrenheit (25° F.) (e.g., gasoline, ether or liquid petroleum gas). Class II flammable liquids are those having a flashpoint below seventy degrees Fahrenheit (70° F.).

D. Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

E. No front yard shall be used for the open storage of boats, vehicles or travel

10127§ 101-20 FARNHAM CODE § 101-21

trailers unless currently licensed or any other equipment except for vehicular parking on driveways.

F. Not more than one (1) commercial vehicle [does not apply to trucks under eight thousand (8,000) pounds] shall be parked out-of-doors overnight or on Sunday in conjunction with a residential property in a residential zone. No display

vehicles for commercial purposes shall be parked in any district, unless permitted by Village Board.

G. Building structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

H. All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.

I. For the purpose of regulating the locations of accessary buildings on corner lots and on lots extending through between two (2) parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.

J. When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use.

K. The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities, such as pumping stations, repeater stations and electric substations which require a structure above grade shall be subject to the yard requirements of this chapter.

10128§ 101-21 ZONING § 101-23

ARTICLE IVSpecial Uses

§ 101-21. Purpose.

The formulation and enactment of a comprehensive Zoning Law is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which, on account of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as “special uses” and fall into three (3) categories:

A. Uses either municipally operated or operated by publicly regulated utilities or uses traditionally affected by public interest.

B. Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public and their possible damaging influences on the neighborhood may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under zoning regulations.

C. Nonconforming uses which as special uses can be made more compatible with their surroundings.

§ 101-22. Application for special use.30

An application for special use shall be filed with the Code Enforcement Officer upon such form and accompanied by such information as shall be established from time to time by the Village Board. The Code Enforcement Officer shall forward such to the Zoning Board of Appeals.

§ 101-23. Authorization to conduct use.

A. Special uses shall be authorized by special use permits granted by the Zoning Board of Appeals in the same manner and for the same purposes as variance,

_________________30 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10129§ 101-23 FARNHAM CODE § 101-24

provided that no application for special use shall be acted upon until after theZoning Board of Appeals has noticed and held a public hearing and prepared and filed a finding of fact thereon.

B. No special use shall be granted by the Zoning Board of Appeals unless the special use:

(1) Is necessary for the public convenience at that location, or, in the case of existing nonconforming uses, a special use permit will make the use more compatible with its surroundings.

(2) Is so designated, located and proposed to be operated that the public health, safety and welfare will be protected.

(3) Will not cause substantial injury to the value of other property in the neighborhood in which it is located.

(4) Complies with additional standards in this Article as applicable.

C. Conditions. The Zoning Board of Appeals may provide such conditions or restrictions upon the construction, location and operation of a special use, including but not limited to provisions for the protection of adjacent property, the expiration of said special use after a specified period of time, off-street parking and loading, as shall be deemed necessary to secure the general objectives of this chapter and to reduce injury to the value of property in the neighborhood.

§ 101-24. Additional standards.

A. Motor vehicle stations. Motor vehicle stations may be permitted in the Commercial Districts of the village, provided that the following standards are observed:

(1) In addition to the information required in the special permit application and enumerated in §§ 101-21 through 101-23 of this Article, the site plan submitted shall also show the number and location of fuel tanks to be

10130

§ 101-24 ZONING § 101-24

installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.

(2) The area and yard specifications for motor vehicle service stations are identified in the Schedule of this chapter.31

(3) The entire area of the site traveled by motor vehicles shall be paved.

(4) Any repair of motor vehicles shall be performed in a fully enclosed building and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

(5) No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment.

(6) Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

(7) No motor vehicle service station or public garage shall be located within five hundred (500) feet of any public entrance to a church, school, library, hospital, charitable institution 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.

(8) Where a motor vehicle service station abuts a residential zone, it shall be screened by a buffer area no less than ten (10) feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Village Board, will be adequate to

___________________31 Editor’s Note: The Schedule is included at the end of this chapter.

10131

§ 101-24 FARNHAM CODE § 101-24

prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six (6) feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the

Code Enforcement Officer may direct the property owner to replace said shrubs.32

(9) All fuel pumps shall be located at least twenty (20) feet from any street or property line and should be attendant-operated.

(10) In addition to the sign requirements for business uses, each motor vehicle service station shall be permitted to have one (1) freestanding or pylon sign setting forth the name of the station and for the principal productssold on the premises, including special company or brand name, insignia or emblem, provided that such sign shall not exceed twenty (20) square feet in area on either of two (2) sides and shall be hung within the property line and no less than ten (10) feet nor more than twenty-five (25) feet above the ground.

(11) Service stations may also exhibit one (1) temporary sign located no less than ten (10) feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed sever (7) square feet in area.

B. Excavation operations. Excavation operations, including the extraction of sand and gravel and processing or other operations for preparation of sand and gravel, may be permitted in the I Industrial Districts of the village, provided that the following conditions and standards are observed:

(1) The minimum lot area for any such use shall be ten (10) acres; all buildings and excavation operations shall be located or shall occur not less than one hundred (100) feet from any street or property lines. The Village Board may require fencing or some similarly effective barrier six (6) feet in height where excavations are to exceed a depth of four (4) feet.

________________32 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10132

§ 101-24 ZONING § 101-24

(2) All buildings and structures used in such operations shall be dismantled and removed within twelve (12) months following the termination of the operations; shall be made at the expense of the operator; and shall be a condition of approval of the special use permit.

(3) All buildings, structures and plants used for processing of excavated materials shall be maintained so as to assure that such buildings, structures and plants shall not become dangerously dilapidated.

(4) All equipment used for the excavation of sand and gravel and processing thereof shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noises and vibrations and dust conditions which are injurious or substantially annoying to all persons living in the vicinity; all operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. druing Monday through Saturday. There will be no operations on Sunday except in the case of public or private emergency repairs to equipment required to be made.

(5) All land which has been excavated must be rehabilitated in accordance with standards set within one (1) year after the termination of operations; at the expense of the operator and shall be a condition of the approval of the special use permit. It is further provided that where an excavation operation has lasted longer than one (1) year, rehabilitation of land in accordance with standards set must be begun and completed within one (1) year’s time. The Code Enforcement Officer shall require the operator to cease excavation operations when the above standard is violated until the operator complies.33

(6) All excavations must either be made to a water-producing depth or graded and backfilled.

(7) Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodded or surfaced with soil of an equal quality to adjacent land area topsoil; such topsoil required under this subsection shall be planted with trees, shrubs, legumes or grasses upon the parts of areas where revegetation is possible.

______________33 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10133

§ 101-24 FARNHAM CODE § 101-24

(8) The Village Board shall not grant a special use permit for an excavation operation when the area in which the operation is proposed exhibits a residential character. The Village Board shall consider an area to have a residential character when a circle [radius of two thousand nine hundred eighty (2,980) feet] drawn around the center of the proposed use contains

one-third (1/3) of the homes the area [approximately one (1) square mile] of the circle would have if developed to the density allowed by this chapter.

(9) The Village Board may require a performance bond or some other financial guaranty that the conditions of the granting of the special use permit are carried out.

C. Public utilities, Public utility uses, such as dial equipment centers and substations, but no service or storage yards, may be permitted in any zone district with a special use permit. No special use permit shall be issued unless the Village Board shall determine that:

(1) The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

(2) The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

(3) Adequate and attractive fences and other safety devices will be provided.(4) A buffer strip ten (10) feet in width shall be provided around the

perimeter of the property. D. Cluster residential developments. Cluster residential developments of one-

family dwellings may be permitted in the R-1 Residential District of the village, provided that the following conditions are observed:

(1) The project shall encompass a minimum land area of ten (10) acres.(2) The developer shall dedicate all unsubdivided lands to permanent open

space. In no case shall these lands be less than twenty-five percent (25%) of the total project area. All such lands shall be suitable, in the opinion of

10134§ 101-24 ZONING § 101-24

the Planning Board, for the intended use. Such lands shall be offered for dedication to the village and public use.

(3) Adequate and attractive fences and other safety devices will be provided.(4) A buffer strip ten (10) feet in width shall be provided around the

perimeter of the property.

E. Planned business areas. In order to provide maximum flexibility in the provision of business sales and services, planned business areas will be allowed by special use permit in the Commercial District subject to the following conditions:

(1) Only uses similar to those permitted in the Commercial Districts shall be permitted in a planned business area as appropriate.

(2) Accessory uses, off-street parking requirements and sign requirements shall be identical to the applicable district requirements, except that there may be one (1) directory sign identifying the names or the occupants of the units at any location therein. Said directory sign shall not exceed fifty (50) square feet in area on either of two (2) sides.

(3) Design and area requirements shall be as follows:(a) The proposed development for a planned business district shall be

constructed in accordance with an overall plan for the entire area and shall be designed with a single architectural scheme with appropriate common landscaping. The development shall provide initially for the construction of either a minimum of eight thousand (8,000) square feet of ground floor area or a minimum of four (4) of the permitted uses.

(b) No building or permanent structure other than one (1) permitted freestanding sign shall be erected within fifty (50) feet of any street or property line.

(c) The Planning Board may prescribe more restrictive conditions or any further reasonable conditions deemed appropriate with respect to improving the design quality of the planned business district.

(d) Adequate guarantee in the form of either a bond or escrow agreement shall be given prior to approval of the plan to assure that

_______________34 Editor’s Note: The Schedule is included at the end of this chapter.35 Editor’s Note: Amended at time of adoption of Code; see Ch.1, General Provisions, Art. I.

10135

§ 101-24 FARNHAM CODE § 101-24

all parking, entrances, exits, facilities and services are installed as required.

(e) Permits issued pursuant to this subsection shall expire in one (1) year after date of issuance thereof, unless the approved project is completed or unless the Planning Board recommends and the Village Board extends the permit for successive terms not exceeding

one (1) year each, subject to such safeguards as it may prescribe in the public interest.

(f) Truck loading and unloading area shall be provided in sufficient amount to permit the transfer of goods and materials on the premises rather than on a public street or customer off-street parking area on the premises; a landscaping screen of no less than six (6) feet in height shall be required where off-street loading and unloading areas abut residential uses, so that such operations shall be shielded from view from such residences.

(g) Parking areas shall be designed to provide for a convenient flow of circulation within the shopping center; dividing aisles shall be provided with one (1) tree for each ten (10) vehicle spaces of a type to be approved by the Village Engineer; the parking area shall be illuminated by nonglare lighting standards, focused downward, of a height not to exceed twenty-five (25) feet.

(h) Where a planned business area abuts a residential lot(s) there shall be a buffer strip of fifty (50) feet at the periphery of the planned business area. The buffer strip shall be perpetually maintained with plant materials to provide a visual screen between the planned business area and the adjoining residential lot(s).

F. Apartment developments. Garden apartments may be permitted, provided that the following standards and any other requirements deemed necessary by the Board of Appeals are met.

(1) There shall be no dwelling units below the first floor nor above the second story of any such building except where the average grade difference between the front and the rear of an apartment building shall be more

10136§ 101-24 ZONING § 101-24

than seven (7) feet, in which case, dwelling units may be permitted below the first floor.

(2) In any apartment development, not more than sixty percent (60%) of all permitted dwelling units shall have more than one (1) bedroom, and not more than ten percent (10%) of all permitted dwelling units shall have more than two (2) bedrooms.

(3) Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a net livable floor area in accordance with the following:(a) An efficiency apartment shall contain a minimum of six hundred

(600) square feet.(b) A one-bedroom apartment shall contain a minimum of seven

hundred (700) square feet.(c) A two-Bedroom apartment shall contain a minimum of eight

hundred fifty (850) square feet.(d) A three-bedroom apartment shall contain a minimum of one

thousand (1,000) square feet.(4) In addition to the required livable floor area there shall be a minimum

storage area in each building for bicycles, parambulators, furniture and similar type of equipment of fifty (50) square feet in area and a minimum of seven (7) feet in height per dwelling unit. Storage areas for each dwelling shall be separate and designed for individual access by dwelling unit residents.

(5) Each garden apartment dwelling unit with a floor level over eight (8) feet above grade level shall have an exterior balcony. Balconies shall have a minimum floor area of eight (80) square feet and a width of not less than six (6) feet. Balconies shall have railings and balusters of not less than three (3) feet in height.

(6) Sufficient laundry, drying, garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimize the detrimental effect on the aesthetic character of the building and shall be enclosed and shielded from view by fencing walls or shrubbery of at least six (6) feet in height around the perimeter. Fencing and walls shall be not more than fifty percent (50%) open on the verticalsurface.

10137§ 101-24 FARNHAM CODE § 101-24

(7) There shall be not more than sixteen (16) dwelling units in each building. The façade of any building shall not exceed seventy (70) feet in length unless making an angle turn or having an offset of at least five (5) feet within each seventy (70) feet of length.

(8) Courts bounded on three (3) or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court

width of two (2) feet for each one (1) foot in height of the tallest adjacent building.

(9) No garden apartment dwelling structure shall be located within twenty-five (25) feet of another structure.

(10) Every building shall have a minimum setback of twenty (20) feet from any and all interior roads, driveways and parking areas.

(11) Garages or carports not a part of a garden apartment dwelling structure but intended for use of the residents of a multiple-family dwelling structure and all other accessory buildings shall be located at least fifteen (15) feet from the nearest wall of any garden apartment dwelling structure.

(12) A strip of land at least five (5) feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six (6) feet in height.Open space adjacent to, around or between buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide a thick stand of grass of other plant material. Approaches to apartment dwelling structures and entrance areas shall be attractively shrubbed and properly maintained.

(13) A fifteen-foot-wide planted buffer strip with screening shall be provided.(14) Access driveways shall be provided with at least two (2) separate

accessways per development, but not to exceed more than one (1) access driveway for each one hundred fifty (150) feet of frontage. Access driveways shall be located at least one hundred (100) feet from the intersection of two (2) streets wherever practicable.

(15) Site planning shall create usable, private open space to the fullest extent feasible.

(16) A minimum of ten percent (10%) of the total lot area, exclusive of the normal dwelling yards, buffer strip and parking areas shall be designated

10138§ 101-24 ZONING § 101-24

for common recreational purposes. No one recreational area shall be less than six thousand (6,000) square feet in area or less than sixty (60) feet in width. Such areas shall be located so as to be convenient to dwelling units. Sand boxes, swings, slides or other recreation equipment for use by residents may be required by the Board of Appeals or Planning Board.

(17) Driveways, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, and light sources shall, where necessary, be shielded to avoid glare disturbing to occupants of apartment buildings and of adjacent lots.

(18) The land shall be so graded, paved areas so pitched and, if necessary, storm drains and/or catch basins so located as to provide rapid runoff of stormwaters and to avoid undue accumulations of water disturbing to occupants, under the normal range of weather conditions.

(19) Up to two (2) trees and four (4) shrubs for each dwelling unit may be required, exclusive of those in parking areas, by the Planning Board or the Board of Appeals. Up to twenty-five percent (25%) of these trees may be of decorative or flowering variety, the remaining trees shall be an approved variety of shade trees. A planting plan shall be required and shall include the type and location of all proposed shrubs and trees.

(20) Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas where seeding is required, except as provided in § 101-20B.

(21) All on-site electrical utility services shall be installed below ground level.(22) All driveways and off-street parking areas shall be designed in accordance

with the provisions of Article VI.(23) Signs shall comply with the provisions of Article VI.(24) Other standards and conditions of the site plan and of curbing, driveways,

parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the Board of Appeals or Planning Board if circumstances indicate they will further the purposes and intent of this chapter.

(25) All site plans shall be subject to review as specified in § 101-51E.

10139§ 101-24 FARNHAM CODE § 101-24

G. Mobile homes or modular homes shall be permitted only in an approved mobile home court. No fewer than ten (10) nor more than fifty (50) mobile or modular homes will be permitted in an approved mobile home court.

(1) Tract requirements. The proposed development shall be accompanied by an appropriate landscape plan drafted by a qualified architect which shall include but not be limited to the following requirements:(a) The minimum tract size shall be five (5) acres and such tract shall

front upon an arterial or collector street as designated in the Comprehensive Plan of the Village of Farnham and such street shall be improved to standards as set forth in the Village of Farnham Subdivision Regulations36 Mobile home courts shall be permitted special uses in Rural Residential Districts.

(b) A setback of one hundred (100) feet shall be observed from the center line of any public road bordering the site to any habitable vehicle in the park.

(c) A setback of forty (40) feet shall be observed from any property line not also a street line or street center line to any habitable vehicle in the park.

(d) Within each setback required by Subsection G(1)(b) and (c) above, there shall be a landscape screen planted which shall consist at a inimum of the planting of two (2) staggered rows of evergreen trees six (6) feet on center and at least four (4) feet in height. The base of any such planting shall be not closer than ten (10) feet or more than forty (40) feet from the property line and shall be so arranged around entrances and exits to preclude interference with sight distance or vehicular safety. Said planting shall be guaranteed by bond or cash or approved substitute posted with the Village Board in an amount equal to twenty-five percent (25%) of the estimated cost of trees and planting. Said guaranty shall be released only after the passage of the second growing season (May through September) after planting at which time a pro rata amount shall be deducted up to the full amount of the guaranty for trees not living.

(e) The tract shall be located and laid out so that no habitable vehicle shall be closer than fifteen hundred (1,500) feet to any existing single-family detached or two-family dwelling.

_______________36 Editor’s Note: See Ch. 86, Subdivision of Land.

10140§ 101-24 ZONING § 101-24

(f) All interior roads shall be improved to the construction standards for local residential streets set forth in the Subdivision Regulations of the Village of Farnham to a pavement width of thirty (30) feet

except at entrances and exits to the park where they shall be not less than forty (40) feet in width if two-way or twenty (20) feet in width each if one-way.

(g) Entrances and exits shall be located to provide a minimum site distance on the adjacent public road in both directions from the interior road at the point of intersection of not less than three hundred (300) feet.

(h) Each court shall provide a water reservoir for fire protection use, which shall be certified as adequate by the Fire Department.

(i) Each court shall set aside twenty percent (20%) of the total acreage of the site as open space and recreation area. A portion of such area shall be set aside for and equipped as a playground. A building shall be constructed within such area for the common use of residents for recreational purposes. Such building shall not contain less than two hundred (200) square feet of gross floor area or less than two (2) square feet for each habitable vehicle lot created within the park.

(j) Sidewalks shall be constructed along at least one (1) side of all interior streets. Sidewalks shall be constructed in accordance with standards approved by the Village Engineer.

(k) Appropriate streetlighting shall be installed on interior streets with the minimum number of lights being one (1) at each

intersection of interior streets with each other or with abutting public roads, and one (1) at least every two hundred (200) feet where such

intersections are more than two hundred (200) feet apart.

(2) Lot requirements. (a) Each habitable vehicle lot or site shall have an area of at least four

thousand eight hundred (4,800) square feet, with a minimum widthof (60) feet and a minimum depth of eighty (80) feet

(b) No habitable vehicle shall be closer to another habitable vehicle or other structure within the court than thirty-five (35) feet.

10141§ 101-24 FARNHAM CODE § 101-24

(c) Nor more than one (1) habitable vehicle may be placed on any lot or site.

(d) Each lot or site shall be provided with connections for water, sewer, electricity and telephone. All sanitary arrangements shall receive the approval of appropriate local, county, state and federal health authorities prior to the exercise of the use herein permitted.

(e) A surfaced parking pad shall be provided on each lot or site.(f) At least one (1) shade tree of not less than four (4) inches in

diameter one (1) foot above ground level shall be planted on each lot or site which shall be guaranteed in the manner and according to the conditions set forth in Subsection G(1)(d).

(g) Each lot or site shall front upon an approved interior street.(h) Any additional building for an entrance or other nonhabitable

purpose, except as provided in § 101-10B(2), shall be attached to a mobile home unit and so attached to the unit that the additional building shall not stand by itself if the mobile home is removed. No additional building to enlarge the habitable spaceof the unit shall be constructed or attached. A permit shall also be obtained for such addition to a mobile home from the Code Enforcement Officer.37

(i) A permanent stairway or stoop shall be provided at each entrance to a mobile home unit.

H. Telecommunication Facilities and Telecommunication Antennas

(1) A telecommunication antenna that is to be attached to an existing tower, building or other structure is permitted in all zoning districts upon issuance of a building permit. The permit application shall be accompanied by:(a) A structural analysis and report from a licensed New York State

professional engineer establishing the ability of the structure to safely support the antenna(s) and any access equipment.

(b) Certification from a qualified radio frequency engineer that the emissions from all antennas proposed to be located under the permit are within applicable Federal guidelines.

(c) Such additional information or documentation as may be reasonably required by the Village Board or the Code Enforcement Officer in order to satisfy the legislative intent of this law.

10142§ 101-24 ZONING § 101-24

(2) No telecommunication facility shall be sited, located, constructed developed of modified in the Village of Farnham without a building permit

and a Special Use Permit will be processed in the manner specified in Article IX of the Zoning Law of the Village of Farnham.(a) The application shall be accompanied by:

i.) A report detailing the efforts of the applicant to co-locate required telecommunication antennas on existing towers, buildings or other structures. No permit for a new telecommunication facility shall be issued unless the Village Board shall be satisfied that the applicant has conclusively demonstrated its inability to co-locate on existing towers, buildings or other structures.

ii.) A long-form SEQR environmental assessment form (EAF) shall be accompanied by copies of required permits from any state or federal authorities for any part of the operations to be conducted on or at the site. Note: SEQR Visual Assessment may be required.

iii.) A detailed site plan stamped by a New York State licensed professional engineer showing all proposed improvements, ingress and egress for emergency vehicles, distances from the proposed improvements i.) to contiquous property lines, ii.) to existing buildings, structures or other improvements as may be required by the Village Board (including any rail facilities) that lie within a radius equal to one and one-half (1-1/2) the proposed height of the new telecommunications facility, iii.) The information required to demonstrate compliance with the bulk requirements of this law, and iv.) Such additional information as may be reasonably required by the Village Board. The current record owners of all contiguous properties shall be identified on the site plan.

iv.) A structural analysis and report from a licensed New York State professional engineer establishing the ability of the structure to safely support the antenna(s) and any accessory equipment.

10143§ 101-24 FARNHAM CODE § 101-24

v.) Certification from a qualified radio frequency engineer that the RF emissions from all antennas proposed to be located under the permit are within applicable Federal guidelines.

(b) Bulk Requirements and Permit Standard:i.) No telecommunication facility shall be located within 500

500 feet of an existing school building or and existing residential dwelling. Note: Applications for telecommunication facilitys which will be located within500 feet of an adjacent municipality require notice to suchmunicipality under General Municipal Law Section 239-nn.

ii.) No telecommunication facility shall be sited within a distance equal to less that one and one-half (1-1/2) its vertical height from any property line, public street or highway or any existing structure.

iii.) All towers are to be monopole style, capable of allowing at least three sets of co-locating antennas so as tominimize the necessity for additional towers.

(c) Permit Conditions.The Village Board may prescribe appropriate conditions for the Special Use Permit for a telecommunications facility. Violation of such conditions shall be ground for revocation of such permit, Such conditions may include, but not limited to the following:i.) Annual renewal of the Special Use Permit.ii.) Free co-location for municipal emergency services antennas

on the telecommunications facility.iii.) Periodic (as specified by the Village Board) re-certification of

the structural integrity of the facility and verification that the operations RF emissions are within applicable federal guidelines.

iv.) Permits are non-assignable without prior approval of the Village Board.

v.) Performance bond to be maintained, running in favor of the Village of Farnham, in an amount sufficient to cover the

estimated cost of demolishing and removing the telecommunication facility in the event of abandonment,

non-use or permit non-renewal or revocation. The estimated

10144§ 101-24 ZONING § 101-27

cost of such demolition and removal is to be updated at least every two years by a licensed professional engineer at applicant’s sole cost.

vi.) Reimbursement of the actual, reasonable and necessary costs incurred by the Village to obtain independent engineering and/or technical professional services to verify any of the engineering or technical data supplied by the applicant as part of its original application or in connection with any permit renewal.

vii.) Any other condition(s) deemed reasonably appropriate or necessary to meet the legislative intent of this law.

ARTICLE VOff-Street Parking

§ 101-25. General provisions.

At the time any main building is erected or substantially [to mean seventy-five percent (75%)] altered or any new use of land commenced, off-street parking spaces as hereinafter specified shall be provided on the same lot therewith and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways (except residences) shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces and shall be adequately drained, all subject to the approval of the Village Board.

§ 101-26. Required area for spaces.

For the purpose of this chapter, a parking space shall be an area ten (10) feet wide and twenty (20) feet long, exclusive of passageways and driveways appurtenant thereto and providing access thereto.

§ 101-27. Applicability. None of the off-street parking facilities as required in this chapter shall be required for any existing building or use, unless said building or use shall be enlarged.

10145§ 101-28 FARNHAM CODE § 101-31

§ 101-28. Sharing of facilities. The collective provision of off-street parking areas by two (2) or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one (1) or more of the collective users.

§ 101-29. Lighting.

All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

§ 101-30. Landscaping.

Off-street areas located in commercial zones and which provide parking for twenty (20) or more vehicles shall be provided with shade trees of a type approved by the Village Board and located not greater than sixty (60) feet on center.

§ 101-31. Minimum required spaces.

The following are the minimum parking spaces required for the cited use. Where there are no specific requirements specified in this section, the Village Board shall determine the requirements using the following as a general guide.

A. Automobile and gasoline service station: at least one (1) space for each gasoline pump, grease rack or similar service area, and one (1) additional space for each five hundred (500) square feet of gross floor area of the shop or garage, with a minimum of five (5) spaces.

10146§ 101-29 ZONING § 101-31

B. Automobile sales establishments, flower or plant nursery or landscape gardeners business: at least one (1) space for every one thousand (1,000) square feet of the areas used for such purposes.

C. Boarding- or rooming houses: at least one (1) space for each rental unit, plus one (1) additional space for owner of manager.

D. Church or other place of worship: at least one (1) space for each four (4) seats or equivalent accommodation provided.

E. Commercial or personal service establishment: at least one (1) space for each one hundred fifty (150) square feet of gross first floor area, plus one (1) additional space for each two hundred (200) square feet of additional gross floor area.

F. Educational institution. Public or private at least one (1) space for each two (2) employees, including teachers and administrators. Sufficient off-street parking space for the safe and convenient loading and unloading of students. Additional facilities for student parking, taking into consideration the total number of students driving automobiles. The requirements for stadium, gymnasium and auditorium use shall be in addition to those requirements.

G. Nursing home, eleemosynary or philanthropic institution: at least one (1) space for each two (2) employees, plus such additional facilities for residents and visitors as shall be deemed necessary by the Planning Board.

H. Home occupation or professional office: at least one (1) parking space in addition to the requirement for the dwelling unit, plus one (1) additional space for every full-time employee, except that in the case of doctors and dentists three (3) parking spaces in addition to the requirement for the dwelling unit, plus one (1) space for every full-time employee shall be required.

I. Industrial or manufacturing establishment: one (1) space for each four hundred (400) square feet of floor area exclusive of storage space, but need not exceed one (1) parking space for each person employeed.

10147§ 101-31 FARNHAM CODE § 101-31

J. Medical or dental practitioners’ offices: at least five (5) spaces for each professional person occupying or using each office, plus an additional space for each employee.

K. Mortuary or funeral home at least one (1) parking space for each eight (3) seats in the chapel, one (1) additional space for each resident family and one (1) additional space for each funeral vehicle.

L. Motel, hotel, auto court, motor lodge or tourist courts: at least one (1) space for each guest or sleeping room, plus one (1) space for each employee.

M. Multifamily dwelling: at least two (2) spaces for each dwelling unit.

N. Office building, professional building or similar use: at least one (1) space for each two hundred (200) square feet of gross floor area.

O. One- or two-family detached dwelling: at least two (2) spaces per dwelling unit.

P. Private club or union hall: at least one (1) space for each one hundred (100) square feet of gross floor space.

Q. Publicly-owned or operated building and use, such as a library, museum or post office: at least one (1) space for each one hundred (100) square feet of gross floor space.

R. Restaurant or similar place dispensing food, drink or refreshment: at least one (1) space for each fifty (50) square feet of floor area devoted to patron use.

S. Shopping center: at least seven (7) parking spaces for each one thousand (1,000) square feet of gross leaseable area.

T. Roadside farm produce stand: adequate parking to eliminate traffic hazards.

U. Bowling alley: five (5) spaces per bowling lane.

10148§ 101-31 ZONING § 101-32

ARTICLE VISigns

§ 101-32. General provisions.

The provisions of this Article shall govern outdoor signs and display structures with respect to location, size and maintenance.

A. No outdoor sign or display structure erected prior to the effective date of this section shall be rebuilt or relocated except in conformity with the provisions of this chapter. The requirements of this subsection shall not, however, be interpreted to prevent repairing or restoring to a safe condition any of the structural supports or the performance of maintenance operations on any existing sign and further, at such maintenance is performed no change in the existing sign shall be accomplished to make the sign nonconforming or nonconforming to any greater degree than at the time of adoption of this Article.

B. When any outdoor sign or display structure or a substantial part thereof is blown down, destroyed, taken down or removed for any purpose other than maintenance, any replacement shall be in conformity with all the requirements of this chapter.

C. No bills, signs or posters shall be posted, nor shall any such medium be affixed in any location of such size as may be in violation of any of the provisions of this chapter.

D. Any sign projecting over any right-of-way shall maintain a clear and unobstructed height above grade of at least nine (9) feet and shall not be located within two (2) feet of the curb line, curb face or traffic lane.

E. No outdoor sign or display structure shall be erected, constructed or maintained so as to create or be a traffic hazard by obstructing the view of traffic at any intersection, curve or blend of any roadway or by obstructing or confusing the view to traffic signals, railroad crossing lights or other permanent traffic controls and warning lights.

10149§ 101-32 FARNHAM CODE § 101-32

F. No outdoor sign or display structure shall be of such character or marking as to duplicate or appear to duplicate any traffic control or highway sign.

G. Where specific building lines are established or street widening is contemplated, the Code Enforcement Officer may limit the projection of signs in relation to the intended relocation of the curbline in that area.38

H.39 Temporary signs shall conform to the provisions of this Article. In addition, cloth, banner and other similar signs shall be included in the temporary permissiveness of this Article with special zoning permits issued by the Code Enforcement Officer to be valid for a period of not exceeding thirty (30) days for any one (1) sign to announce special events sales or circumstances where a permanent display would involve undue expense, provided that such signs meet the following requirements:

(1) The area of such sign must first be permitted in the zoning district where such use is desired.

(2) No such temporary sign shall be erected as a roof sign.

(3) Not more than one (1) such temporary sign shall be erected on any lot at the same time and no more than two (2) permits shall be issued for any lot or use in any calendar year.

(4) No such temporary sign shall be erected or maintained in place without a valid zoning certificate.

I. Christmas displays and other similar temporary displays erected without advertising shall not be subject to the rules and regulations of this chapter, but they shall, however, conform to the safety standards of the village.

J. Permits and zoning certificates shall be required for all types of signs or other outdoor advertising except where otherwise exempted by this chapter. The following conditions and regulations shall apply to issuance of such documents:

_____________________38 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.39 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10150§ 101-32 ZONING § 101-32

(1) No outdoor sign or display structure shall hereafter be erected, affixed, attached to, suspended from, supported, painted or otherwise utilized without a zoning certificate issued by the Code Enforcement Officer.40

(2) Except as provided under this Article, a zoning certificate shall be secured for all sign installations.

(3) No zoning certificate shall be required for the following signs:(a) Signs painted or affixed to the inside surfaces of windows or doors

which pertain to the business conducted therein.(b) Reposting of bills, signs or posters on signs legally erected and

maintained for such purpose.(c) Municipal street, traffic emergency control and railroad crossing

signs.(d) Legal notices and house members.(e) Temporary signs or displays authorized by municipal authorities.

K. The computed area of all signs shall be measured by the smallest rectangle

which will contain the entire area of the sign or other form of outdoor advertising, exclusive of the structural supports, but inclusive of architectural features.

§ 101-33. Nonconforming uses.

A. Directional or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue, and any such signs shall not be expanded in area, height, number or illumination.

B. New signs for a nonconforming use in a business or manufacturing district permitted not exceeding thirty (30) square feet of exterior surface and may be erected only after all other signs are removed.

___________________40 Editor’s Note: Amended at time of adoption of Code: see Ch. 1, General Provisions, Art. I.

10151§ 101-32 FARNHAM CODE § 101-34

§ 101-34. Permitted signs.

The following signs shall be permitted:

A. In R Districts:

(1) One (1) sign not over ten (10) square feet in area for personal identification or home and home professional occupations.

(2) Farms shall be permitted a sign area of not over twenty (20) square feet to identify each such farm and additional sign area of twenty (20) square feet for advertising such products as are raised on said farm and sold from a stand located upon said farm.

(3) One (1) illuminated bulletin board or identification sign not exceeding forty (40) square feet for any school, hospital or any public or semipublic use.

(4) One (1) unlighted real estate sign advertising the sale, rental or construction on only the premises on which it is maintained, not exceeding a total area of twelve (12) feet. Such sign shall be removed upon completion of the project or sale, whichever occurs first.

(5) Multifamily residence: one (1) sign not exceeding six (6) square feet in area.

B. In C Districts:

(1) Separate business uses are permitted no more than three hundred (300) square feet of outdoor advertising so long as no single sign face has more than sixty (60) square feet of area.

(2) Planned business areas (where permitted):(a) Each use or business within the business area may erect a sign

containing not over ten (10) square feet of area on either of two (2) faces.

10152§ 101-34 ZONING § 101-35

(b) The planned business as a unit may erect no more than two (2) signs to advertise the center as such, so long as the aggregate of

area of such signs is not over one thousand (1,000) square feet and no single sign is over five hundred (500) square feet on either of two (2) faces.

C. In I Districts:

(1) Farms shall be permitted a sign area of not over twenty (20) square feet to identify each such farm and additional sign area of twenty (20) square feet for advertising such products as are raised on said farm and sold from a stand located upon said farm.41

(2) Four hundred (400) square feet for each use or any one (1) industry in a building covering more than fifty-five thousand (55,000) square feet of land area.

(3) Signs in I Light Industrial Districts shall be permitted oversize sign area, calculated at two percent (2%) of the floor area over forty thousand (40,000) square feet, but in no case shall any sign in a district be larger than one thousand (1,000) square feet.

§ 101-35. Limitations.

A. The limitations on signs as set forth for the various zones by this chapter shall not apply to any sign or directional device erected by the federal, state, county or local government or agency thereof.

B. The limitations on sign area as set forth by this chapter for the Business and Industrial Zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises,

________________41 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10153

§ 101-35 FARNHAM CODE § 101-38

provided that such signs do not exceed two (2) square feet in area on any one (1) side and do not contain any advertising of the use on the premises.

C. No animated or flashing signs shall be permitted.

D. No signs shaped or resembling traffic signs shall be used for advertisement purposes.

ARTICLE VIIProperty Maintenance Law of the Village of Farnham, New York.[Amended by L.L. No. 2-2008]

§ 101-36. Title.

This chapter shall be known and cited as the “Property Maintenance Law of the Village of Farnham, New York.”

§ 101-37. Purpose.

This chapter is enacted in recognition of the fact that junk vehicles, garbage and refuse that is abandoned or stored on private property, or unsafe and deteriorated structural or property conditions, can constitute both a public and private nuisance. Such items present a potential danger to residents and children and are potential danger to residents and children and are unsightly. Their existence depreciates not only the property on which they are located, but also the property of other persons in the neighborhood and Village in general. It detracts from a clean, wholesome and attractive environment and is injurious to the welfare of the Village as a whole, making it a less pleasant place in which to live and do business. The intent of this chapter is to establish basic and uniform, property maintenance standards and a legal procedure for the removal of the junk vehicles, garbage and refuse where they occur in the Village.(Also see Chapters 39, 101-58 and Chapter 56 of the Village Code.)

§101-38. Definitions.

As used in this chapter, the following terms shall have the meaning indicated:

10154§ 101-37 ZONING § 101-38

ABANDONED MOTOR VEHICLE – Any motor vehicle that the owner thereof does not intend to use on public highways. The intent of the owner shall be determined by the physical condition of the motor vehicle, any statements as to its abandonment, whether the motor vehicle is currently inspected and other relevant facts. With respect to a motor vehicle not required to be inspected or motor vehicles not usually used on public highways, the intent of the owner shall be determined by the length of time since it was last used for the purposes intended and statements as to its abandonment and other relevant facts.

BRUSH – A limb of a tree or bush which is less than two (2) inches in diameter.

BUILDING – A structure, permanent or temporary, wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof, affording shelter to persons, animals or property.

DISCARDED MOTOR VEHICLES – Any motor vehicle which the owner thereof, as established by the surrounding circumstances does not intend to recover the possession of or any motor vehicle the owner of which cannot be found after due and reasonable inquiry.

ENFORCEMENT OFFICER – The Code Enforcement Officer of the Village of Farnham, unless the Village Board, by resolution, designates some other Village officer as enforcement officer or by resolution establishes the position of Enforcement Officer for the Village and appoints some qualified person thereto at a salary specified in such resolution.

GARBAGE, REFUSE AND JUNK – Waste, secondhand or used materials of whatever composition.

JUNK VEHICLE – Any motor vehicle, whether automobile, bus, truck, tractor, mobile home or any other vehicle, originally intended for travel on the public highways, as

well as, and including, but not limited to, any lawn tractor, farm tractor, snowmobile, all-terrain vehicle, boat, jet ski and bicycle which is abandoned, discarded, stored, left or located by its owner or any other person or is permitted or condoned to be abandoned, discarded, stored, left or located by its owner or any other person on private premises in the Village of Farnham, and which junk vehicle is without current

and valid license plates and registration and is uninspected by the State of New York or

10155§ 101-38 FARNHAM CODE § 101-38

any other state and is not operable. The use of the term in the singular herein is intended, where applicable, to include the plural.

LITTER – Any garbage, refuse, garbage cans or bags and/or junk, as such is defined or otherwise identified in this chapter, being on any premises or property in the right-of-way of a roadway, public or otherwise, or remaining thereon for any period of time whatsoever.

MOTOR VEHICLE – Every vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power. For the purposes of this definition, the term “motor vehicle” shall include, but not be limited to, automobiles, trucks, buses, motorcycles and trailers.

OWNER OF MOTOR VEHICLE – A person, firm or corporation having the property in or title to a motor vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.

OWNER OF PRIVATE PROPERTY – A person, firm or corporation who or which is the owner, contract purchaser, tenant, lessee, occupant, tenant, receiver or assignee of private premises or private property located within the Village of Farnham.

PERSON – Any person or persons, firm, partnership, corporation, association or other entity owning real property in the Village of Farnham.

PREMISES OR PROPERTY – Includes all parcels of real property privately owned and situated in the Village of Farnham, whether occupied or vacant.

PROPER CAR COVER – A cover which is specifically manufactured, fitted and suited for a particular model or size of motor vehicle. The use of four-sided, loosely fitted tarps, covers or other adaptations shall not be permitted.

UNINSPECTED MOTOR VEHICLE – Any motor vehicle that may be licensed in the State of New York and is not currently inspected. The fact that a motor vehicle does not display a current inspection sticker shall be presumptive evidence of the fact that such motor vehicle is not currently inspected.

10156

§ 101-38 ZONING § 101-39

YARD – An open space on the same lot that contains a building and is located between the building line and the lot line, which the particular building line faces.

§101-39. Outside storage on private property.

A. No person shall engage in or conduct, whether for profit or otherwise, on real property within the Village of Farnham, either for himself or for and on behalf of any other person, directly or indirectly, as agent, employee or otherwise, at wholesale or retail, any operation which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise of bodies, engines or parts of autos or of any other secondhand or used parts of autos or of any other secondhand or used property, of whatever material it is composed, or any waste material, whether composed of wood, plastic, paper, cloth, cardboard, metals, stone, concrete, glass, brush, leaves, grass clippings or otherwise.

B. It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent and/or tenant of property within the Village of Farnham, to store or cause or permit to be stored or deposited any abandoned, junked or discarded motor vehicles, or part of piece thereof, on any private property within the Village of Farnham, unless:(1) Such motor vehicle is stored or deposited on a premises legally used,

operated and located for a junkyard.(2) Such motor vehicle is stored or deposited in a completely enclosed

building. No abandoned vehicles, equipment or materials shall be stored in open areas on the premises.

(3) Such motor vehicle is covered by a proper car cover. Not more than one such covered motor vehicle shall be permitted at any one time on any premises. This shall not be in addition to motor vehicles referred to in Subsection C hereof.

C. A motor vehicle that is under repair, reconstruction or refurbishing by the owners thereof, who must actually be residing on the premises, may be stored on said premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be maintained and protected so as to not create a hazard to surrounding property owners and shall not remain on the premises for more than 60 days.

10157

§ 101-39 FARNHAM CODE § 101-39

D. It shall be the responsibility of any person, firm or corporation, either as owner, occupant, lessee, agent and/or tenant, to shovel or remove snow and ice from all sidewalks on their premises, within 12 hours after the cessation of snowfall or frozen precipitation. Snow or ice shall not be deposited on any public street or road, nor shall any snow be plowed across any street or highway or stockpiled within 10 feet of any fire hydrant within the Village of Farnham. Fire hydrants shall be cleaned enough to make them visible.

E. Buildings and structures. The owner, operator or occupant shall maintain each and every part of the building or structure free of all nuisances and any hazards to the safety of the occupants, pedestrians and all persons utilizing the premises or abutting roadways. Said owner, operator or occupant shall maintain accessory structures and appurtenant equipment in good repair, capable of performing the function for which the same was designed or intended to be used, including, but not limited to, the following (Also see Chapters 39 and 101-58 of the Village Code):(1) Every exterior wall, roof and porch or appurtenance thereto shall be

maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.

(2) All broken or missing glass panes shall be replaced.(3) The exterior of every building and structure shall be maintained free of

buckled, sagging, broken, partially missing, rotted or decayed walls, doors, window, porches, balconies, steps, stairways, railings, balusters, chimneys and decorative trim. The exterior of every building and structure shall be maintained so that the appearance of the premises shall not constitute a blighting factor for adjoining property.

F. The following provisions shall apply to exits(1) Safe, continuous and unobstructed exits shall be maintained from the

interior of the building or structure to the exterior at a street, or to a yard, court or passageway leading to a public open area.

(2) Nothing shall be placed, accumulated or stored on residential premises which obstruct egress from stairways, passageways, doors, windows, fire escapes or other means of exit.

(3) In multiple dwellings, exits, including vestibules, stairways, passageways, corridors and hallways, but excluding fire escapes, shall be lighted with natural or electric light a t all times so as to afford safe passage.

10158§ 101-39 ZONING § 101-39

(4) Stairways shall have handrails on at least one side.(5) Fire escapes shall be maintained free of encumbrances.(6) Vending machines and other equipment or materials shall not be located in lobbies, corridors or passageways if they constitute a fire hazard or interfere with the exit facilities.

G. The following provisions shall apply to exterior protections:(1) Exterior walls, including foundations, shall be maintained so that ground-

and surface water does not penetrate into basements and cellars.(2) exterior doors, windows, skylights and similar openings shall be

maintained weathertight.(3) Exterior stairs, porches, entrance platforms, fire escapes and the railings

thereon shall be maintained in a safe and sound condition.(4) Roofs shall be maintained in a watertight condition.(5) Exterior surfaces shall be maintained in good condition. Surfaces not

inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative.

H. Infestation. Buildings and structures shall be maintained free of instects, vermin and rodent harborage and infestation.

I. All unused refrigerators and similar equipment with locking mechanisms shall first have the locking devices, hinges and doors removed. None shall be maintained, abandoned or stored outside the exterior walls of any building on the premises.

J. The following provisions shall apply to exterior property areas:(1) Surface and subsurface water shall be appropriately drained to protect

buildings and structures and to prevent ponding.(2) Sheds, fences and walls and other minor constructions shall be maintained

in safe, good and substantial condition.(3) Steps, walks, driveways, parking spaces and similar paved areas shall be

maintained to afford safe and convenient passage.(4) Yards, courts and vacant lots shall be kept clean and free of hazards.

K. The owner, operator or agent in control of the building shall be responsible for disposing of garbage, refuse and junk in a safe and sanitary manner and keeping the premises free and clear therefrom.

10159§ 101-39 FARNHAM CODE § 101-39

L. Whenever garbage, refuse or garbage containers remain in the right-of-way of a roadway, for a period in excess of 10 hours after a scheduled garbage pickup a notice to remove the same shall be issued by the Code Enforcement Officer, to the owner of the real property fronting on such right-of-way of a roadway, directing the removal of such litter or containers within 12 hours of service of said notice.(1) Where any violation of the provisions hereof is alleged to have been

committed, and such service shall be deemed to have been made on the date of personal delivery of such notice, or, if such notice is delivered by mail, it shall be mailed by regular mail and service thereof shall be deemed to be complete, and to have taken place, five days after mailing.

M. Cutting and removal of grass; all premises and immediate exterior property shall be maintained free of weeds or plant growth in excess of 6 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this ter shall not include cultivated flowers and gardens. (1) Every owner or occupant or person having control of any lot or premises

in the Village shall:(a) Maintain such lot or land along the sidewalk or street adjacent to

the same betwe3en the property line and the curb or middle of the street, or for 10 feet outside the property line if there shall be no curb, so that there is not any growth of weeds or grass to a height greater than six inches on the average or any accumulation of dead weeds, grass or brush from May to October inclusive.

(b) Keep the same free from any poison ivy, ragweed or other poisonous plants or plants detrimental to health.

(c) Trim the hedges, shrubs and trees so that the same will not interfere with the line of sight of motor vehicle operators or pedestrians attempting to cross an adjacent intersection or attempting to make a turn upon an adjacent intersection or will not impede or interfere with pedestrian traffic upon any sidewalk abutting said lot or premises.

(d) Trim the hedges, shrubs and trees so that the same will not grow over or so close to the sidewalk as to interfere with the pedestrian or bicycle traffic.

10160

§ 101-39 ZONING § 101-39

(2) No cut or fallen trees, or parts thereof, shall be allowed to remain upon the ground longer than 10 days unless cut and stacked as cordwood to be used a fuel for use in heating equipment in quantities not to exceed 10 full cords, a volume of 1,280 cubic feet, neatly stacked in rear yard so as not to create a hazard. Brush shall be removed within 10 days of its appearance upon the lot or premises.

(3) Notice of violation; costs of enforcement.(a) Whenever a condition shall be observed to exist on any property

within the Village which is in violation of the provisions of this chapter, a notice of such violation shall be issued by the Code Enforcement Officer, directing such owner, occupant or person having control of any such lot or premises to correct such violation and/or condition within 5 days of the service of the same. If such violation is not corrected within such five-day period after service of such notice, the Code Enforcement officer may take such action as is required to cause such condition of violation to be corrected.

(b) Whenever the Code Enforcement Officer takes action in accordance with this chapter and the Village incurs costs therefor, the Village Board shall direct that the lot or premises which is the subject of the enforcement action shall be assessed in an amount as follows:[1] The cost of labor, machinery and materials of the Village or

the cost of services of an independent contractor; in addition, a surcharge of 25% of the above cost or $150, whatever is greater, to reimburse the Village for the cost of supervision and administration.

[2] The above said cost and surcharge shall be levied upon the lot or premises which is the subject of the enforcement action shall be collected in the same manner as Village taxes and assessments.

[3] The provisions hereof shall be in addition to any penalty for violation of any other provision of the Village Code of the Village of Farnham.

[4] Service of any notice required hereunder shall be made in the same manner and with the same effect as set forth in Subsection L(1) of this section.

10161§ 101-40 FARNHAM CODE § 101-40


A. Except as hereinafter set forth, in the event that any person or persons shall violate any provision of this chapter, except Subsection D & L of §101-39, the Code enforcement Officer or any person designated by the Village Board or the Mayor, shall:(1) Serve a written notice of violation of any provisions of the chapter to the

owner or occupant or person having control of any lot or premises upon which, or relative to which, any violation of this chapter is found by such Code Enforcement Officer, or any person designated by the Village Board or the Mayor so designated to exist, or to the owner of any junk vehicle, vehicles or group of parts, garbage or refuse, to immediately correct such violation or offense.

(2) If, after seven days of the issuance of a violation notice, the offense has not been corrected, the Code Enforcement Officer shall notify the

offender to answer such charges in court.

B. Such notice shall not be required to be served upon any person or party cited for violations of any provisions of §101-39 within the 12 months prior to the discovery of the present violation, and prosecution for the present violation may immediately be commenced.

C. Any person who is found guilty of violating any provision of this chapter or any regulation adopted hereunder shall for each violation be subject to a fine not to exceed $250 or imprisonment not to exceed 15 days, or both. From the date of the first court appearance set forth in any notice of violation, appearance ticket or summons, each week’s continued violation shall constitute a separate violation.

D. Any person who has been served a violation of any provision of this local law, temporarily complies with such violation, and subsequently is found to violate for the same offense within a 12 month period shall be immediately summoned to court.

10162

§ 101-42 ZONING § 101-42

ARTICLE VIIIBoard of Appeals

§ 101-42. Establishment; organization.43

A. There is hereby established a Board of Appeals to consist of five (5) members to be appointed by the Village Board, which shall also designate the Chairman of such Board of Appeals. The Village Clerk shall act as the Clerk of the Board of Appeals.

B. The first members appointed will hold office for one (1) year; two (2) years, three (3) years, four (4) years and five (5) years, their successors shall be appointed for five (5) years, and any vacancies will be filled by appointment of the Village Board.

C. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Village Board by appointment for the unexpired term.

D. The Village Board shall have the power to remove any member of the Board of Appeals for cause and after public hearing.

E. Bard meetings shall be at the call of the Chairman, and at such other times as the Board may determine and shall be open to the public.

F. The Village Board may appoint a Clerk to assist the Village Clerk in the performance of his duties as Clerk to the Board of Appeals, and to perform such other duties as required by said Board of Appeals. Such Clerk so appointed shall serve as the pleasure of the Village Board.

G. The Chairman or the Acting Chairman, shall preside at all meetings of the Board of Appeals and may administer oaths and compel the attendance of a witness.


10163§ 101-42 FARNHAM CODE § 101-43

H. The Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations or other official actions. Every rule, regulation, every amendment of repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Village Clerk and shall be a public record.

I. Three (3) members of the Board shall constitute a quorum for the transaction of business and the concurring vote of the majority of the Board shall be necessary to reverse any order, requirement, decision or determination of the Board or Code Enforcement Officer or to decide in favor of an applicant in any matter upon which it is required to pass under this chapter.44

§ 101-43. Powers and duties.

A.45 The Board of Appeals shall have the powers and duties prescribed by Article 7, § 7-712. of the Village Law of the State of New York and by this chapter, which are more particularly specified as follows:

(1) Interpretation: upon appeal from a decision by an administrative official to decide any question involving the interpretation of any provision of thischapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.

(2) Variances: to vary or adopt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved but in no other case. No variance in the strict application of this chapter shall be granted by the Board of Appeals unless it finds:(a) That there are special circumstances or conditions, fully described

in the findings of the Board applying to such land or buildings and

44 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.45 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10164§ 101-43 ZONING § 101-43

not applying generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that strict application of the provisions of this chapter would deprive the applicant of __________________ the reasonable use of such land or buildings.

(b) That, for reasons fully set forth in the findings of the Board, the granting of the variance is necessary for the reasonable use of the land or building and that the variance, as granted by the Board, is the minimum variance that will accomplish this purpose.

(c) That the granting of the variance will be harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

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

§ 101-44. Procedures.

A. The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board, and available from the Code Enforcement Officer. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted as the case may be. At least thirty (30) days before the date of the hearing on an application or appeal to the Board of Appeals, the Secretary of said Board shall transmit to the Planning Board a copy of this notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals its opinion on said application or appeal, and the Planning Board shall submit a report of such advisory opinion prior to the date of said hearing. Failure to submit such report shall constitute approval of said application or appeal by the Planning Board.46

____________________46 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10165

§ 101-44 FARNHAM CODE § 101-47

B. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact and shall also keep records of its examination and other official actions.

§ 101-45. Office.47

The office of the Village Clerk shall be the office of the Board of Appeals and every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in said office as required by Article 7, § 7-712, of the Village Law of the State of New York.

§ 101-46. Notice of hearings.48

The Board shall fix a reasonable time for the hearing of appeals and shall give due notice of the time set for the hearing to the applicant. Such notice shall be served by the Board of Appeals. The Board shall give public notice in the publication of a notice in the official newspaper of the village at least ten (10) days prior to the hearing date. Said notice shall briefly describe the nature of the appeal and the time and place of the hearing. The Board shall, at least ten (10) days prior to the date of the hearing, give notice in writing by registered mail or by service in person, with adequate proof of contact thereof to all property owners within one thousand feet (1,000) of the property to be affected by said appeal or to all property owners of contiguous land or properties adjoining said property to be affected, and other interested property owners as may be designated by the Board of Appeals.

§ 101-47. Code Enforcement Officer.49

The position of Code Enforcement Officer is hereby established. The Code Enforcement Officer and any and all assistants required for the proper administration and enforcement of this chapter shall be appointed by and serve at the pleasure of the Village Board._________47 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.48 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.49 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10166§ 101-48 ZONING § 101-49

ARTICLE IXAdministration and Enforcement

§ 101-48. Compensation.50

The compensation of the Clerk, Code Enforcement Officer and assistants, elsewhere referred to in this Article, shall be fixed by the Village Board within the amounts provided in the annual budget and paid at such times as determined by the Village Board.

§ 101-49. Powers and duties of Code Enforcement Officer.51

A. It shall be the duty of the Code Enforcement Officer or his duly authorized assistants to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter.

B. Where the Code Enforcement Officer, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the village and the violator’s rights of appeal, all as provided for by this chapter

C. On the serving of notice by the Code Enforcement Officer to the owner of any violation of any of the provisions of this chapter, the certificate of occupancy for such building or use shall be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.

D. The Code Enforcement Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records form a part of the records of his office and shall be available for the use of the Village Board and other officials of the village. The records to be maintained shall include at least the following:

__________________50 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.51 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10167

§ 101-49 FARNHAM CODE § 101-50

(1) Application file. An individual, permanent file for each application for a permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one (1) copy of the application and all supporting documents, maps and plans; notations regarding pertinent dates and fees and the like; as appropriate, one (1) copy of the resolution of the Board of Appeals in acting on the application; and the date the permit applied for was issued or denied by the Code Enforcement Officer.

(2) Monthly report. The Code Enforcement Officer shall prepare a monthly report for the Village Board. Said report shall cite all actions taken by the Code Enforcement Officer, including all referrals made by him, all permits and certificates issued and denied and all complaints of violations received and all violations found by him, and the action taken by him consequent thereon. A copy of this monthly report shall also be transmitted by the Code Enforcement Officer to the Tax Assessor, Planning Board and Board of Appeals at the same time it is transmitted to the Village Board.

§ 101-50. Permits and certificates.52

The certificates and permits enumerated herein are hereby established for the equitable enforcement and administration of the provisions of this chapter. A zoning permit or special use permit shall be a prerequisite to the issuance of a building permit as prescribed by the local legislation to administer and enforce the State Uniform Fire Prevention and Building Code.

A. Zoning permit. The Code Enforcement Officer is hereby empowered to issue a zoning permit for any plans regarding the construction or alteration of any building or part of any building, or the change in the use of any land or building or part thereof, where he shall determine that such plans are not in violation of the provisions of this chapter.

B. Special use permit. Upon written direction of the Village Board, the Code Enforcement Officer is hereby empowered to issue any special use permit provided for by this chapter.

____________52 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10168§ 101-50 ZONING § 101-51

C. Certificate of occupancy. The Code Enforcement Officer is hereby empowered to issue a certificate of occupancy which shall certify that all provisions of this chapter have been complied with in respect to the location and use of the building structure or premises in question.

§ 101-51. Application procedures.

A. Procedures for a zoning permit.53

(1) All applications for zoning permits shall be made to the Code Enforcement Officer in the detail specified in Subsection E hereof. Where the proposed use is a residential use in a residential or agricultural zone, the Code Enforcement Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for any other use in any zone, the Code Enforcement Officer shall, prior to the issuance of any permit, refer one (1) copy of such plans, drawings and statements to the Planning Board and one (1) copy to the Village Engineer for their review and recommendations. The Planning Board shall determine that the proposed site plan and structures will compare favorably with community standards, other neighborhood improvements and the properly intended and planned appearance throughout any street or neighborhood.

(2) The Planning Board shall, within thirty (30) days after receipt of said material, approve or disapprove the proposed development or construction. In the event of disapproval, the reasons shall be stated clearly to the Code Enforcement Officer in writing. The Code Enforcement Officer shall deny a zoning permit for the proposed construction until such conditions as the disapproval is based upon have been corrected and written approval of the Planning Board is obtained. the absence of a reply from the Planning Board within the thirty-day period Officer shall proceed on the basis of such approval.

___________53 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10169§ 101-51 FARNHAM CODE § 101-51

B. Procedures for special use permits.

(1) All applications for special use permits shall be made to the Village Clerk as specified in Subsection E hereof. The Village Clerk, after determining that an applications is in the proper form, shall transmit one (1) copy of the application and all supporting documents to the Village Board for referral to the Board for action thereon. At the same time, the Village Clerk shall transmit one (1) copy of the application and all supporting documents to the Planning Board for review of the site plan, and for an evaluation of the proposed use and its relationship and conformity with the goals and objectives and policies established by the Village Comprehensive Master Plan.

(2) The Planning Board shall review the application and, within thirty (30) days after the receipt of such application, make a written report to the Village Board setting forth its findings and recommendations concerning the application. In making its recommendations, the Planning Board may suggest any revision to the site plan or other plans as will, in its opinion, cause the proposed use to be in substantial conformance with the Comprehensive Master Plan and its principles of land use and development.

(3)54 The Village Board shall, after reviewing the recommendations of the Planning Board, conduct a public hearing on applications referred to it by the Code Enforcement Officer in accordance with the procedures and requirements established elsewhere in this chapter. Within sixty (60) days from the date of such public hearing, the Village Board shall, by resolution, either approve or disapprove the application so heard. In approving an application, the Board may impose only those modifications or conditions specified in this chapter to protect the health, safety or general welfare of the public.(a) If an application is approved by the Village Board, the Code

Enforcement Officer shall be furnished with a copy of the approving resolution of the Board, and he shall issue the permit applied for in accordance with the conditions imposed by the Village Board.

_______________54 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10170§ 101-51 ZONING § 101-51

(b) If any application is disapproved by the Village Board, the reasons for such denial shall be set forth in the Board’s resolution and a copy of such resolution shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board’s reasons for disapproval.

(4) The Code Enforcement Officer shall transmit one (1) copy of all approved and denied applications to the Planning Board and one (1) copy of all approved applications to the Village Tax Assessor.55

C. Procedures for a certificate of occupancy.

(1) Following the completion of the construction, reconstruction or alteration of any building or where a change in the use of a structure is proposed, the applicant shall transmit by registered mail to the Code Enforcement Officer a letter stating that construction has been completed or that a new use has been proposed. Within seven (7) days of the receipt of this letter, the Code Enforcement Officer shall make all necessary inspections of the completed structure and proposed use to determine the conformance with this chapter. A certificate of occupancy shall be issued only if the Code Enforcement Officer finds that the construction and proposed use comply with all the requirements and provisions of this chapter. 56

(2) The Code Enforcement Officer may issue a temporary certificate of occupancy where he finds such not to be detrimental to the public safety or the development of adjoining property.57

(3) No certificate of occupancy shall be required for any existing building or alteration thereof.

D. Procedures for application for building or use permits. All applications for building or use permits shall be in writing and contain the following information duly contain the following information duly sworn to by the owner of record of the real estate for which such permit is sought, on forms furnished by the village:

______________55 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.56 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.57 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10171§ 101-51 FARNHAM CODE § 101-51

(1) The nature of permit sought and definite purpose, with nature of building or proposed building.

(2) The size and location of property and building, with estimated cost exclusive of land.

(3) An agreement to comply with the terms of the permit, laws of the State of New York, this chapter, the rules and regulations of the Erie County Health Department and all rules and regulations of the various departments of the village and the State of New York; to preserve the established building line; to give full notification to the Code Enforcement Officer not to use or permit to be used the structure or structures covered by the permit until sanitary facilities are completely furnished.58

(4) Such other information as the Code Enforcement Officer, the Board of Appeals or the Village Board may require.59

E. Procedure for application for zoning permit or special use permit. Each application for a zoning permit or special use permit shall be made in triplicate and with an accompanying site plan. The materials to be submitted with each application shall clearly show the conditions on the site at the time of the application, the features of the site which are to be incorporated into the proposed use or building and the appearance and function of the proposed use or building. As a minimum, the application shall include the following information and plans for both before and after conditions:

(1) The location, use, design and dimensions and height of each use and building.

(2) The location and arrangement of vehicular accessways and the location, size and capacity of all areas used for off-street parking, loading and unloading.

____________58 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.59 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10172§ 101-51 ZONING § 101-52

(3) The location and dimensions of sidewalks, walkways and other areas established for pedestrian use.

(4) The design and treatment of open areas, buffer areas and screening devices maintained, including dimensions of all areas devoted to lawns, trees and other landscaping devices.

(5) Provisions for water supply, sewage disposal and storm drainage.

(6) Such other data and plans as the Code Enforcement Officer or the Planning Board may require to properly take action on the applications.60

§ 101-52. Fees.

A.61 The following fees shall be paid to the village in the administration of this chapter:

(1) The fees for building permits shall be as set forth from time to time by resolution of the Board of Trustees. This fee, if the requested permit be granted, shall entitle the applicant to a certificate of occupancy at no additional fees, provided that such certificate of occupancy be applied for within one (1) year of the effective date of the building permit involved.

(2) Upon application for a certificate of occupancy, except as noted above, the fee shall be as set forth from time to time by resolution of the Board of Trustees.

(3) Applications to the Board of Appeals for relief or other action of said Board as provided by law and this chapter shall be accompanied by a fee as set forth from time to time by resolution of the Board of Trustees.

(4) Applications for building permits involving a special permit shall be accompanied be a fee as set forth from time to time by resolution of the Board of Trustees. The provisions of Subsection A(1) above shall apply

_____________60 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.61 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10173§ 101-51 FARNHAM CODE § 101-52

with regard to the certificate of occupancy. No fee shall be required where the application is for a two-family use in a building existing at the time of the effective date of this chapter.

(5) Application for a building permit in a Commercial District shall be accompanied by a fee as set forth from time to time by resolution of the Board of Trustees. The provisions of Subsectin A(1) above shall apply with regard to the certificate of occupancy.

B. Application fees are not refundable.

§ 101-53. Term of permit.62

A building permit shall be valid for a period of one (1) year and may be extended at that time at the discretion of the Code Enforcement Officer.

§ 101-54. Exceptions.

The provisions of the Article shall not apply to the erection, alteration or use of any farm structure other than a dwelling or to the use of land for agricultural purposes in any district where such structures and uses are permitted.

§ 101-55. Amendments.

A. The regulations, restrictions and boundaries herein provided may be from time to time amended, supplemented, changed, modified or repealed in manner provided by statute and if any area is transferred from one district to another district of more restricted use, any nonconforming use than existing within said area may be continued.

B. Whenever the owners of fifty percent (50%) or more in frontage in any district or a specified part thereof, shall present their signed petition to the Village Board requesting any amendment, alteration or supplement or the repeal of the

_____________62 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10174§ 101-52 ZONING § 101-55

regulations prescribed for such district or specified part therefor, it shall be the duty of the Village Board after public notice and hearing upon such petition to decide by a majority vote upon such request within forty-five (45) days after its filing with the Clerk; in writing of protest against such change, signed by the owners of twenty percent (20%) or more either of the areas of land included in such proposed change or of the immediately adjacent extending one hundred (100) feet therefrom or of that directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land. Such amendment shall become effective except by favorable vote of by four (4) members of the Village Board.

C. Alternative to petition as an alternative, an interested party may petition the Village Board in regard to a change in a specified area. The village shall give written notice to the interested parties in the area and shall conduct the usual proceedings and hearings before acting. In this case, a unanimous affirmation by the Board will be necessary.


A. Any person, firm, association or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-16 of this Code. Each week’s continued violation shall constitute a separate additional violation. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used, in violation of this chapter or any other local law or regulation made by the village pursuant to law, the village may, by direction of the Village Board, in addition to other remedies provided, institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land and to prevent any illegal act, conduct, business or use in or about such premises.

____________63 Editor’s Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

10175§ 101-55 FARNHAM CODE § 101-56

B. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaints and immediately investigate and report thereon to the Village Board.

C. In addition to the remedy or remedies hereinbefore provided, any person, persons, company or corporation violating this chapter or any provision or section thereof may be proceeded against by the village or by the Code Enforcement Officer of the village or by the owner of any property in the village or by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this chapter.

§ 101-57. Interpretation.

Except as hereinafter provided, the provisions of this chapter shall be interpreted as providing minimum requirements adopted for the purpose of promoting the health, safety, morals and general welfare of this village.

10176PROPOSED LOCAL LAW NO #1 OF THE YEAR 2007

A local law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code in the Village of Farnham.

SECTION 1. PURPOSE AND INTENT

This local law provides for the administration and enforce Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law.

SECTION 2. DEFINITIONS

In this local law:

“Building Permit” shall mean a permit issued pursuant to section 4 of this local law. The term “Building Permit” shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law.

“Certificate of Occupancy” or “Certificate of Compliance” shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law.

“Code Enforcement Officer” shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law.

“Code Enforcement Personnel” shall include the Code Enforcement Officer and all Inspectors.

“Compliance Order” shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law.

“Energy Code” shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.

“Inspector” shall mean an inspector appointed pursuant to subdivision (d) of section 4 of this local law.

1-2007 1 “Operating Permit” shall mean a permit issued pursuant to section 10 of this local law. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law.

“Permit Holder” shall mean the Person to whom a Building Permit has been issued.

“Person” shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.

“Stop Work Order” shall mean an order issued pursuant to section 6 of this local law.

“Temporary Certificate” shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law.

“Village” shall mean the Village of Farnham.

“Uniform Code” shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.

SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS

(a) The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement Officer shall have the following powers and duties:(1) to receive, review, and approve or disapprove applications for Building

Permits, Certificates of Occupancy, Certificates of Compliance, Temporary and/or Conditional Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications;

(2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;

(3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and

1-2007 2property maintenance inspections, inspections incidental to the investigation of complaints, and all other incidental to the investigation of

complaints, and all other inspections required or permitted under any provision of this local law;

(4) to issue Stop Work Orders;(5) to review and investigate complaints;(6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this

local law;(7) to maintain records;(8) to collect fees as set by the Farnham Village Board;(9) to pursue administrative enforcement actions and proceedings;(10) in consultation with the Village Attorney, to pursue such legal actions and

proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and

(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law.

(b) The Code Enforcement Officer shall be appointed by Farnham Village Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual may be appointed by the Farnham Village Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law.

(d) One or more Inspectors may be appointed by the Farnham Village Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law.

Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as

1-2007 3the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

(e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Farnham Village Board.

SECTION 4. BUILDING PERMITS

(a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.

(b) Exemptions. No Building Permit shall be required for work in any of the following categories:(1) construction or installation of one story detached structures associated

with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 35 square feet;

(2) installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;

(4) installation of fences which are not part of an enclosure surrounding a swimming pool;

(5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;

(6) construction of temporary motion picture, television and theater stage sets and scenery;

(7) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);

(8) installation of partitions or movable cases less than 5’-9” in height;

1-2007 4(9) painting, wallpapering, tiling, carpeting, or other similar finish work;(10) installation of listed portable electrical, plumbing, heating, ventilation or

cooling equipment or appliances;

(11) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or

(12) repairs, provided that such repairs do not involve (i) the removal or cutting away of any structural beam or load bearing

component; (ii) the removal or change of any required means of egress, or the

rearrangement of parts of a structure in a manner which affects egress;

(iii) the enlargement, alteration, replacement or relocation of any building system; or

(iv) the removal from service of all or part of a fire protection system for any period of time.

(c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.

(d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:(1) a description of the proposed work;(2) the tax map number and the street address of the premises where the

work is to be performed;(3) the occupancy classification of any affected building or structure;(4) where applicable, a statement of special inspections prepared in

accordance with the provisions of the Uniform Code; and

1-2007 5(5) at least 2 sets of construction documents (drawings and/or specifications)

which (i) define the scope of the proposed work;

(ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;

(iii) indicate with sufficient clarity and detail the nature and extent of the work proposed;

(iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.

(e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued.

(f) Issuance of Building Permits. An application for a Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.

(g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

1-2007 6(h) Work to be in accordance with construction documents. All work shall be

performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit.

The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued.

(I) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.

(j) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of

the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all

applicable provisions of the Uniform Code and the Energy Code.

(k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit.

SECTION 5. CONSTRUCTION INSPECTIONS

(a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection.

1-2007 7(b) Elements of work to be inspected. The following elements of the construction

process shall be inspected made, where applicable:(1) work site prior to the issuance of a Building Permit;

(2) footing and foundation;(3) preparation for concrete slab;(4) framing;(5) building systems, including underground and rough-in;(6) fire resistant construction;(7) fire resistant penetrations;(8) solid fuel burning heating appliances, chimneys, flues or gas vents;(9) Energy Code compliance; and(10) a final inspection after all work authorized by the Building Permit has been

completed.

(c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section.

SECTION 6. STOP WORK ORDERS

(a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt:(1) any work that is determined by the Code Enforcement Officer to be

contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or

(2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or

1-2007 8(3) any work for which a Building Permit is required which is being performed

without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked.

(b) Content of Stop Work Orders. Stop Work Orders shall(1) be in writing,(2) be dated and signed by the Code Enforcement Officer,(3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will

be permitted to resume.

(c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by registered or certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by registered or certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order.

(d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order.

(e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order.

1-2007 9

SECTION 7. CERTIFICATES OF OCCUPANCY/CERTIFICATES OF COMPLIANCE

(a) Certificates of Occupancy/Certificates of Compliance required. A Certificate of Occupancy/Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy/Certificate of Compliance.

(b) Issuance of Certificates of Occupancy/Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy/Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions for the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy/Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy/Certificate of Compliance, shall be provided to the code Enforcement Officer of Compliance:(1) a written statement of structural observations and/or a final report of

special inspections, and(2) flood hazard certifications.

(c) Contents of Certificate of Occupancy/Certificate of Compliance, A Certificate of Occupancy/Certificate of Compliance shall contain the following information:(1) the Building Permit number, if any;(2) the date of issuance of the Building Permit, if any;(3) the name, address and tax map number of the property;(4) if the Certificate of Occupancy/Certificate of Compliance is not applicable

to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy/Certificate of Compliance is issued;

(5) the use and occupancy classification of the structure;

1-2007 10

(6) the type of construction of the structure;

(7) the assembly occupant load of the structure, if any;(8) if an automatic sprinkler system is provided, a notation as to whether the

sprinkler system is required;(9) any special conditions imposed in connection with the issuance of the

Building Permit; and(10) the signature of the Code Enforcement Officer issuing the Certificate of

Occupancy/Certificate of Compliance and the date of issuance.

(d) Temporary Certificate. The Code Enforcement Officer shall be temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the

Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has

been installed is operational, and (3) that all required means of egress from the building or structure have been

provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

(e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy/Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.

1-2007 11

(f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of

submission of an application for a Certificate of Occupancy/Certificate of Compliance or for Temporary Certificate.

SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION

The chief of any fire department providing fire fighting services for a property within the Village of Farnham shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent.

SECTION 9. UNSAFE BUILDING AND STRUCTURES

Unsafe structures and equipment in the Village of Farnham shall be identified and addressed in accordance with the procedures set forth in Chapter 39 of the Village of Farnham Code, as now in effect or as hereafter amended from time to time.

SECTION 10. OPERATING PERMITS

(a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below:(1) manufacturing, storing or handling hazardous materials in quantities

exceeding those listed in Tables 2703.1.1 (1), 2703.1.1 (2), 2703.1.1 (3) or 2703.1.1 (4) in the publication entitled “Fire Code of New York State” and incorporated by reference in 19 NYCRR section 1225.1;

(2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;

(3) use of pyrotechnic devices in assembly occupancies;(4) buildings containing one or more areas of public assembly with an

occupant load of 100 persons or more; and(5) buildings whose use or occupancy classification may pose a substantial

potential hazard to public safety, as determined by resolution adopted by the Farnham Village Board.Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation.

1-2007 12

(b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code

Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.

(c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of the Operating Permit.

(d) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities.

(e) Duration of Operating Permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.

(f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended.

(g) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an reissue or renewal of an Operating Permit.

1-2007 13

SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS

(a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals;(1) Fire safety and property maintenance inspections of buildings or

structures which contain an area of public assembly shall be performed at least once every twelve (12) months.

(2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months.

(3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every 36 months.

(b) Inspections permitted. In addition to the inspections required by subdivisdion (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon:(1) the request of the owner of the property to be inspected or an authorized

agent of such owner;(2) receipt by the Code Enforcement Officer of a written statement alleging

that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

(3) receipt by the Code Enforcement Officer of any other to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(c) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York

1-2007 14State Fire Administrator under Executive Law section 156-e and Education Law section 807-b.

(d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC.

SECTION 12. COMPLAINTS

The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law or regulation adopted for administration of and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate;

(a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspections;

(b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law;

(c) if appropriate, issuing a Stop Work Order;

(d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.

SECTION 13. RECORD KEEPING

(a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of:(1) all applications received, reviewed and approved or denied;(2) all plans, specifications and construction documents approved;

1-2007 15(3) all Building Permits, Certificates of Occupancy/Certificates of Compliance,

Temporary Certificates, Stop Work Orders, and Operating Permits issued;(4) all inspections and test performed;(5) all statements and reports issued;

(6) all complaints received;(7) all investigations conducted;(8) all other features and activities specified in or comtemplated by sections 4

through 12, inclusive, of this local law, including; and(9) all fees charged and collected.

(b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation.

SECTION 14. PROGRAM REVIEW AND REPORTING

(a) The Code Enforcement Officer shall annually submit to the Farnham Village Board a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded.

(b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Village of Farnham, on a form prescribed by the Secretary of State, a report of the activities of the Village of Farnham relative to administration and enforcement of the Uniform Code.

(c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Village of Farnham is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Village of Farnham in connection with administration and enforcement of the Uniform Code.

SECTION 15: VIOLATIONS

(a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about

1-2007 16

any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing;

(2) be dated and signed by the Code Enforcement Officer;(3) specify the condition or activity that violates the Uniform Code, the

Energy Code, or this local law;(4) specify the provision or provisions of the Uniform Code, the Energy Code,

or this local law which is/are violated by the specified condition or activity;(5) specify the period of time which the Code Enforcement Officer deems to

be reasonably necessary for achieving compliance;(6) direct that compliance be achieved within the specified period of time;

and (7) state that an action or proceeding to compel compliance may be

instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, property personally or by registered mail/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, Person subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail/certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.

(b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code.

(c) Penalties. In addition to those penalties prescribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy/Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be guilty of an offense punishable by a fine not exceeding $250.00, and/or imprisonment not exceeding six months. Each week’s continuing violation shall constitute a separate violation.

1-2007 17

In addition to any other penalties prescribed by this law, if work requiring a building permit is commenced without first having applied and obtained said permit, the regular fee for such permit shall be tripled.

(d) Injunctive Relief. An action or proceeding may be instituted in the name of the Village of Farnham, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy/Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of the Village of Farnham, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Farnham Village Board.

(e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law.

1-2007 18SECTION 16: FEES

A fee schedule shall be established by resolution of the Farnham Village Board. Such fee schedule may thereafter by amended from time to time by like resolution. The fees

set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy/Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other aactions of the Code Enforcement Officer described in or contemplated by this local law.

SECTION 17. INTERMUNICIPAL AGREEMENTS

The Farnham Village Board may, by resolution, authorize the Mayor to enter into an agreement, in the name of the Village of Farnham, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.

SECTION 18. PARTIAL INVALIDITY

If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law.

SECTION 19. EFFECTIVE DATE

This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.

1-2007 18VILLAGE OF FARNHAM

PROPOSED LOCAL LAW NO. 2 – 2007

A local law establishing minimum standards for the maintenance of private real property in the Village of Farnham

Be it enacted by the Board of Trustees of the Village of Farnham:

Section 1. Purpose

Multifamily premises, commercial premises and single-family residences shall be maintained in conformity with the provisions of this chapter so as to establish reasonable safeguards for the safety, health and welfare of the occupants and users thereof and of the general public.

Section 2. Definitions

For the purposes of this chapter, the following terms shall have the meanings indicated:

COMMERCIAL PREMISES – A building, structure or land used for any purpose other than for single-family or multifamily purposes, including premises used for retail purposes, business purposes or industrial purposes.

MULTIFAMILY PREMISES – Any building which is used as a home or residence other than a single-family residence, together with any garage or other accessory buildings and the lot upon which such building or buildings are constructed.

SINGLE-FAMILY RESIDENCE – A building which is occupied exclusively as the home or residence of a single family, together with any garage or other accessory building and the lot upon which such building or buildings are constructed.

Section 3. Exterior Maintenance

A. Surface and subsurface water shall be drained to prevent damage to buildings and structures and to prevent development of stagnant water. Gutters, culverts, catch basins, drain inlets, stormwater sewers or other satisfactory drainage systems shall be provided and utilized. In no case shall the water from any rain leader be allowed to flow over the sidewalk or adjoining property.

2-2007 1B. Fences and retaining walls shall be maintained in a safe condition.

C. In the case of multifamily premises and commercial premises, steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Within 12 hours after the cessation of snowfall, snow shall be plowed or shoveled from all steps, walks, driveways and parking areas used or intended to be used by tenants, occupants, customers, invitees or other members of the public.

D. No snow removed from driveways, walks or other areas shall be deposited upon the public streets or highways so as to interfere with the use of such streets or highways or with the use of any other premises.

E. In the case of multifamily premises and commercial premises, all driveways and parking spaces provided shall be kept in good repair, and such driveways and parking spaces shall be regularly cleaned to avoid accumulation of dirt, paper and other debris.

F. Heavy undergrowth and accumulation of plant growth which are unsightly, noxious or detrimental to health shall be eliminated or removed. Hedges and shrubs shall be kept pruned or trimmed. Grass shall not be permitted to exceed six inches.

G. The owner shall keep all and every part of the premises which he owns and the steps, walks, driveways and parking areas located in the front, rear or side of said premises, from the building line to the nearest public street line, in a clean, sanitary and safe condition and free from litter, debris, paper, dirt, garbage and junk and, except for public improvements, in good repair.

H. In the case of multifamily premises and commercial premises, all areas within 20 feet of a public highway shall either be used as driveways and parking areas, which areas shall be in compliance with Subsection E of this section, or shall be planted with grass, shrubbery, flowers, trees or other suitable plantings so that they will not be unsightly in appearance.

I. Dead or incurably diseased trees shall be taken down, and the diseased portion thereof removed and destroyed. Trees shall be kept pruned, and dead wood shall be removed.

2-2007 2Section 4. Buildings and Structures

The owner shall keep all and every part of the building and accessory structures in attractive condition and good repair, including but not limited to the following:

A. Exterior wood surfaces of buildings and structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating of paint or other suitable preservative.

B. In case of multifamily premises and commercial premises, interior floors, walls, ceilings, furnishings and fixtures shall be maintained in a clean, safe and sanitary condition.

Section 5. Control of Infestation

A. In the case of multifamily premises and commercial premises, grounds, buildings and structures shall be maintained free of insects, vermin and rodents.

B. In the case of multifamily premises and commercial premises, where the potential for rodent or vermin infestation exists, windows and other openings in basements and cellars shall be screened with wire mesh or other suitable material.

C. From May 1 to October 1, entrances to multifamily premises shall be provided with self-closing-type devices or screens. Windows and other openings in such premises used for ventilation shall be screened.

Section 6. Garbage and Refuse

A. Sanitary methods and facilities shall be used for the collection, storage and handling and disposal of garbage, refuse and other debris.

B. Garbage, refuse and other debris shall not be permitted to accumulate on any single-family, multifamily or commercial premises.

Section 7. Responsibilities of Owners and Occupants

A. Owners of premises and other persons, as defined in Section 9, shall be responsible for compliance with this chapter.

2-2007 3B. In addition, tenants and occupants of multifamily and commercial premises shall

be responsible for compliance with respect to the following:

Maintaining all and every part of the commercial premises which they rent, occupy or control and the steps, walks, driveways and parking areas located in the front, rear or side of said premises, from the building line to the nearest public street curbline, in a clean, sanitary and safe condition and free from litter, debris, paper, dirt, garbage and junk.Maintaining in a clean and sanitary condition all plumbing, cooking and refrigeration fixtures and appliances as well as other building equipment and storage facilities in that part of the premises which they occupy or control.Keeping exits from that portion of the premises which they occupy clear and free from obstructions.Disposing in a clean and sanitary manner of all garbage, refuse and debris in the provided facilities.Exterminating insects, rodents or other pests within that part of the premises which they occupy.

Section 8. Enforcement

A. The Building Inspector and other duly appointed law enforcement officers of the Village of Farnham shall be charged with the duty of administering and enforcing this chapter.

B. It shall be the duty of the Building Inspector to issue a notice of violation or to order, in writing, the correction of all conditions found to exist in or on any premises which violate the provisions of this chapter.

Section 9. Penalties for Offenses

A. Any person, upon conviction of a violation of this chapter, shall be fined a sum of money of not less than $100 nor more than $200 for the first offense and not less than $500 nor more than $1,000 for the second or any subsequent offense within a twelve-month period. In addition, such person shall be subject to an injunction prohibiting and otherwise preventing any further violations.

B. The term “person” shall include the owner, tenant, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, sublessee, agent or any other person, firm or corporation directly or indirectly in control of any premises, building or part thereof.

2-2007 4Section 10. Notice of violation; contents; hearing; appeal.

A. A notice of violation issued by the Building Inspector relative to a premises shall be served either personally upon the person or by posting the violation notice in a conspicuous placed upon the premises affected. If a notice of violation is served by posting it upon the premises, a copy thereof shall be mailed to the person to whom it is directed.

B. A notice of violation shall state that unless, within 10 days from service of the notice, a written request is made for a hearing before the Building Inspector, such notice shall, at the expiration of such ten-day period, be deemed an order to cease and desist from and to abate the described violation; such notice shall prescribe a reasonable time within which such person shall be required to cease and desist from and abate such violation. The notice may also contain an outline of remedial action which, if taken, will effect compliance with this chapter.

C. If a hearing is requested, it shall be commenced not later than 10 days after the request is made, provided that for good cause the Building Inspector may postpone such hearing for a reasonable time. If, after the hearing, the enforcement officer finds that no violation exists or that unusual, extraordinary or undue hardship shall occur as a result of the physical dimension and proportion of the property, he shall withdraw the notice. If he finds that a violation does exist, he shall forthwith issue an order requiring the abatement of the same within a prescribed reasonable time. The proceedings at such hearing, which shall be informal in all respects, shall be summarized in a report reduced to writing and entered as a matter of public record in the office of the Building Inspector.

D. Any party aggrieved by the decision of the Building Inspector may within 10 days of the decision of the Building Inspector appeal said decision to the Zoning Board of Appeals of the Village of Farnham by filing the appropriate form.

E. The provisions of Section 9.B and Section 10.A notwithstanding, it shall not be necessary for the Building Inspector to issue a notice of violation or to order, in writing, the correction of a condition in the instance of a second or any subsequent offense within a twelve-month period, and in the case of a second or subsequent offense, the person in violation may immediately be served with an appearance ticket or summons.

2-2007 5Section 11. Emergencies.

Whenever the Building Inspector or enforcement official finds that an emergency exists which requires immediate attention to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall take effect immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Building Inspector or the local Justice Court, shall be afforded a hearing as soon as possible. After such hearing, the Building Inspector or court shall continue such order in effect or shall modify or withdraw it.

Section 12. Action Upon Non-Compliance

A. Upon the failure, neglect or refusal of any owner, person or agent so notified to properly comply with this chapter within 20 days after the service of notice as provided herein, the Building Inspector is hereby authorized and empowered to pay for the correction of such violation, subject to the approval of the Board of Trustees of the Village of Farnham, except in case of an emergency, in which case such approval may be given by the Mayor of the Village of Farnham.

B. When the village has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to such owner by the village, and such charge shall become due and payable by said owner or person at the time of the payment of such bill.

C. Where the full amount due the village is not paid by such owner within 20 days after the correction of such violation as provided in Subsections A and B above, then, and in that case, the Building Inspector shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest plus cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is

2-2007 6not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied

with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.

2-2007 7

Village of FarnhamProposed Local Law No. 3-2007

A local law regulating the location of abandoned and junk vehicles on private property in the Village of Farnham

Be it enacted by the Board of Trustees of the Village of Farnham as follows:

Section 1. Title

This local law may be referred to as the “Junked Motor Vehicle Law of the Village of Farnham.”

Section 2. Purpose

The outdoor storage of junked motor vehicles on publicly or privately owned property within the Village of Farnham is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates all property values. The control of the outdoor storage of junked motor vehicles on privately owned properties within the Village of Farnham is, therefore, regulated for the preservation of the health, safety and general welfare of the community.

Section 3. Definitions

JUNKED MOTOR VEHICLE – Any motor vehicle, or any motor vehicle parts or equipment, that is old, wrecked, discarded, abandoned or dismantled or partially dismantled which is in such deteriorated condition that it cannot be legally operated upon the public highway without substantial repairs. With respect to any motor vehicle not required to be licensed or motor vehicles not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be moved under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle.

MOTOR VEHICLE – Every vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power. For the purposes of this chapter, the term “motor vehicle” shall include, but is not limited to, automobiles, trucks, buses, motorcycles, snowmobiles and trailers.

3-2007 1OWNER OF MOTOR VEHICLE – A person, firm or corporation having the property in or title to a motor vehicle, a person entitled to the use and possession of a vehicle,

subject to a security interest in another person and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.

OWNER OF PRIVATE PROPERTY – A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee or private premises or private property located within the Village of Farnham.

PRIVATE PREMISES or PRIVATE PROPERTY – Includes all parcels of real property not owned by any unit of government situated in the Village of Farnham, whether occupied or vacant, regardless of size, topography or location.

Section 4. Outdoor Storage on Private Property

It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Farnham, to store or deposit, or cause or permit to be stored or deposited, a junked motor vehicle, or part or piece thereof, on any private property within the Village of Farnham, unless:

A. Such motor vehicle is stored or deposited on premises legally used and operated as a junkyard; or

B. Such motor vehicle is stored or deposited in a completely enclosed building; or

C. Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof who must actually be residing on the premises. not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than one month; or

D. Such motor vehicle is temporarily stored on the premises of a public garage, motor vehicle service station or body repair shop within a commercial or industrial district of the village while awaiting repair or servicing at such place of business. Not more than five such vehicles shall be permitted to be stored on any such premises at any one time. Temporary storage is defined as no more than 30 consecutive days.

3-2007 2Section 5. Notice; duties of Code Enforcement Officer

A. if the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer (CEO) shall serve a written notice, either personally or by registered, certified or ordinary mail, upon the owner, occupant or person having charge of such private property, to comply with the requirements of this chapter, If the CEO is unable to ascertain the property, to comply with the requirements of this chapter, If the CEO is unable to ascertain the ownership of such private property by any other means, he or she may determine ownership of any such parcel of land in the Village of Farnham from the current assessment roll of the village and may serve written notice upon the owner thereof by mailing such notice by certified mail to the owner at the address listed on the current assessment roll. If the CEO is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing same in the official newspaper of the village once each week for two consecutive weeks. The notice shall be in substantially the following form:

To the owner, occupant or person having charge of land within the Village of Farnham briefly described as follows:____________________________________________________________(here describe subject property)

Notice is hereby given that a junked motor vehicle is stored or deposited on the above described property in violation of the Junked Motor Vehicle Law of the Village of Farnham. This vehicle must be removed therefrom within 10 days from the date of this notice; provided, however that if this notice is served on you by publication, said motor vehicle shall be removed within 24 days from the first publication date of this notice. If such motor vehicle is not removed on or before the expiration of said 10 days from the date hereof, or on or before the expiration of said 24 days from the date of this notice, in the event that it is served on you by publication, you are hereby summoned to appear before the Town Court Justice of the Town of Brant, New York, at _____________ p.m. on the _______ day of ________, 20 ____ at which time a hearing will be held to determine why the Village of Farnham, New York, acting through its duly authorized agents, servants, officers and employees, should not enter upon said property and remove and cause said motor vehicle to be destroyed. In the event that the town Court Justice directs that said otor vehicle be removed and destroyed, the expense incurred by the Village of Farnham shall be assessed against said property and shall constitute a lien thereon and be collected in the manner provided by law.

Dated: Code Enforcement Officer of the Village of Farnham3-2007 3

Section 6. Penalties for Offenses

A violation of this chapter or any provision or part thereof by any person, firm or corporation is hereby declared to be a violation of the Penal Law, punishable by a fine not exceeding $250, or by imprisonment not to exceed 15 days, or both, for such person’s first offense and a fine of not less than $500.00 nor more than $1,000.00 for the second and any subsequent offense within a twelve-month period. In addition, such person shall be subject to the issuance of an injunction prohibiting and otherwise preventing any further violations.

Section7. Action upon Non-Compliance

A. When the village has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to such owner by the village, and such charge shall become due and payable by said owner or person at the time of the payment of such bill.

B. Where the full amount due the village is not paid by such owner within 20 days after the correction of such violation as provided in Subsection A above, then, and in that case, the Code Enforcement Officer shall cause to be filed in the office of the Village Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus cost of court, if any, for collection, until final payment has been made. Said costs further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.

3-2007 4PROPOSED LOCAL LAW NO. 1 OF THE YEAR 2008

A local law imposing a temporary moratorium on the issuance of applications and the granting of permits, licenses or approvals for the siting, location, construction or development of telecommunication facilities in the Village of Farnham.

Be it enacted by the Board of Trustees of the Village of Farnham (“Village”) as follows:WHEREAS, in the past several years, neighboring communities have seen a

notable increase in the number of inquiries and requests for the siting, location, construction or development of telecommunication facilities, and

WHEREAS, current local laws, ordinances and regulations do not adequately address many of the issues and concerns which must be considered to fairly address the impacts of such facilities upon the Village, and

WHEREAS, the Board of Trustees has determined that it is necessary to protect the public interest and welfare by imposing a temporary moratorium on new siting, location, construction and development of new telecommunication facilities while the Village undertakes a comprehensive review of concerns and issues raised by these improvements, and

WHEREAS, such moratorium is intended to allow the Village sufficient and necessary time to address such concerns and issues and enact new laws, ordinances or regulations, and/or appropriate amendments to existing laws, ordinances or regulations to properly address such concerns or issues in a manner which is meaningful and consistent with the Village’s comprehensive plan.

NOW, THEREFORE, the Board of Trustees of the Village of Farnham hereby declares that no new applications shall be issued and no permits or approvals shall be granted by any officer, department, board or agency of the Village of Farnham with respect to the siting, location, construction or development of any telecommunication facilities within the Village of Farnham for a period of six (6) months from the effective date of this local law, unless earlier terminated by other local law, duly adopted. The term “telecommunication facilities”, as used in this law, shall mean any structure, tower, foundation, supporting device and/or accessory structures or improvements used in connection with siting or locating equipment such as antennas for wireless, cellular, digital or other communication signals, systems or services.

This local law is intended to supersede all applicable provisions of the Village of Farnham Code, to the extent required to give effect to the provisions hereof for the effective period hereof.

1-2008 1Schedule of Area, Lot and Bulk Requirements

Village of Farnham

APPENDIX

TABLE OF REQUIRED LICENSES AND PERMITS

Chapter A108

TABLE OF REQUIRED LICENSES AND PERMITS

The following table enumerates all licenses and permits required by the Village of Farnham. Refer to the chapter or section denoted in the second column for more information on each license or permit.

Type of License Codeor Permit Required Reference

Bingo license Ch. 33Fire prevention and building construction permit Ch. 56Games of chance license Ch. 61Hawker’s license Ch. 68Peddler’s license Ch. 68Solicitor’s license Ch. 68Circus license Ch. 68Carnival license Ch. 68Theater license Ch. 68Sound truck or loudspeaker permit § 74-5Tree cutting or planting permit § 84-3Sidewalk construction permit § 84-7Sidewalk use permit § 84-7Trailer park license Ch. 89Permit for tractors on streets § 93-7Building permit Ch. 101Zoning permit Ch. 101Special use permit Ch. 101Certificate of occupancy Ch. 101

A10801

INDEX INSTRUCTIONS

The main INDEX, beginning on page 1, will guide you to the legislation contained within the Code at the time the main INDEX was originally prepared. As new legislation is adopted, or existing legislation is amended, the Code pages are replaced by supplementary pages which include the new material, thereby causing some INDEX entries to become obsolete. INDEX entries to the new material will be provided for in the SUPPLEMENTAL INDEX, beginning on page SI-1.

The SUPPLEMENTAL INDEX should, therefore, be consulted firs, since it refers to the more recent legislation. Then reference should be made to the main INDEX.

When received, SUPPLEMENTAL INDEX pages should be placed directly following this page and in front of the main INDEX, according to the instructions accompanying the supplement.

Numbers in the indices refer to section numbers in the Code, e.g., 39-3 is a reference to Chapter 39, Section 3.

G E N E R A L C O D E P U B L I S H E R S C O R P.

INSTRUCTIONS

Village of Farnham Code Supplement No. 2

The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right corner, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 10-17-89 (L.L. No.2-1989).

The page numbers should always correspond with this list.

REMOVE INSERT

Table of Contents, ix – x Table of Contents, ix – x______________ 8701 – 8710Supplemental Index, Supplemental Index,

SI-1 SI-1 – SI-3

Legislation, by number or date of adoption, included in this supplement: L.L. No. 2-1989.

12 – 25 – 89


INSTRUCTIONS

Village of Farnham Code Supplement No. 1

The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right corner, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 5-13-89 (L.L. No. 1-1989).


REMOVE INSERT

___________ Certification Page, immediately

following Officials Page

101 – 102 101 – 122___________ SI-1 (following Index

Divider/Instruction Page and in front of of Index, Page 1)

Legislation, by number or date of adoption, included in this supplement: L.L. No. 1-1989.

7 – 25 – 89


INSTRUCTIONS

Village of Farnham Index

The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the lower right corner, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement.


REMOVE INSERT

Index Reserved Page Index Pages 1 – 26

1 – 15 – 89

FARNHAM SUPPLEMENTAL INDEX

-- A –ADOPTION OF CODE

Amendments to Code . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8Changes in previously adopted legislation . . . . . . . . . . 1-12Code book to be kept up-to-date . . . . . . . . . . . . . . . . . 1-9Continuation of existing provisions . . . . . . . . . . . . . . . 1-3Copies on file . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7Derivation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2Distribution of local laws, ordinances and resolutions 1-2Enactments saved from repeal . . . . . . . . . . . . . . . . . . . 1-5Incorporation of provisions into Code . . . . . . . . . . . . . 1-13Legislative intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1Matters not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5Penalties for tampering with Code . . . . . . . . . . . . . . . . 1-11Repeal of enactments not included in Code . . . . . . . . 1-4Sale of Code book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6Supplementation of Code book . . . . . . . . . . . . . . . . . . 1-10When effective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14

-- C –COPIES ON FILE

Adoption of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7

-- D –DEFINITIONS

Gross income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2Gross operating income . . . . . . . . . . . . . . . . . . . . . . . 87-2Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2Utility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2

-- G --GROSS INCOME

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2GROSS OPERATING INCOME

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2GROSS RECEIPTS UTILITY TAX

Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-3Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-1Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-5Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-6Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2

SI-1 12 – 25 - 89


-- G --Disposition of revenues . . . . . . . . . . . . . . . . . . . . . . . . 87-4Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-5, 87-17Failure to file . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-10Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-6Imposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-1Incorrect returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-10Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-8Limitation of additional tax . . . . . . . . . . . . . . . . . . . . . 87-15Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-12Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-7Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . 87-8Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-13, 87-14Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-6Review of final determination . . . . . . . . . . . . . . . . . . 87-11Review of proceedings for refunds . . . . . . . . . . . . . . . 87-14Tax as operating cost . . . . . . . . . . . . . . . . . . . . . . . . . . 89-9Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-1 – 87-17Village Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-16

-- N –NOTICES

Gross receipts utility tax . . . . . . . . . . . . . . . . . . . . . . . 87-12

-- P –PENALTIES FOR OFFENSES

Adoption of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-11Gross receipts utility tax . . . . . . . . . . . . . . . . . . . . . . . . 87-8

PERSONDefined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2

POWERS AND DUTIESVillage Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-16

-- S –SALES

Code Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10

SI-2 12 – 25 – 89


-- T –TAXATION

Gross receipts utility tax . . . . . . . . . . . . . . . . . . . . . . . . 87-1 – 87-17

-- U –UTILITIES

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-2

-- V –VILLAGE TREASURER

Gross receipts utility tax . . . . . . . . . . . . . . . . . . . . . . . . . 87-16Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87-19

SI-3 12 – 25 – 89

FARNHAM INDEX

-- A –ABANDONED, JUNKED, DISCARDED AND/OR INOPERABLE MOTOR VEHICLE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5ABANDONED MOTOR VEHICLES, see VEHICLES, ABANDONEDACCESSORY USE OR STRUCTURE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5ACCESSORY USES Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-11 Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Planned business areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Residential Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10 See also NONCONFORMING USES; PERMITTED

USES; and SPECIAL USESADOPTION OF CODE General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 – 1-14ADOPTION OF LOCAL LAWS, see LOCAL LAWS,

ADOPTION OFALLEYS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4ALTERATION Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5ANIMALS, see DOGS AND OTHER ANIMALSAPARTMENT DEVELOPMENTS Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Grading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Height regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Open space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Topsoil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24APPEALS Records, public access to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-7APPOINTMENTS Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Board of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Code Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-47AREA, LOT AND BULK REQUIREMENTS Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-9ARTERIAL STREETS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4ATTIC Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

1 1 – 15 - 89

FARNHAM INDEX

-- A --AUTHORIZED ORGANIZATION Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-2AUTOMOBILE TRAILER PARK Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-1

-- B –BASEMENT Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5BICYCLES Operation and parking on sidewalks . . . . . . . . . . . . . . . . . . 30-1 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-2 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1BINGO Applicability of statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33-3 Conduct of games authorized . . . . . . . . . . . . . . . . . . . . . . . . 33-1 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. A108 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33-4 Restrictions on conduct of games . . . . . . . . . . . . . . . . . . . . . 33-2BOARD OF APPEALS Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-46 Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-45 Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42, 101-43 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-44 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Terms of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 – 101-46BOARD OF ETHICS Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Ethics, Code of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Salaries and compensation . . . . . . . . . . . . . . . . . . . . . . . . . 9-7BOARD OF REVIEW, see REVIEW BOARDBOARD OF TRUSTEES Brush, grass and weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-6 Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-5

2 1 – 15 - 89

FARNHAM INDEX

-- B – Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-5BONDS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-8BOUNDARIES, VILLAGE Designation of applicability of Code provisions . . . . . . . . . 5-1BRUSH, GRASS AND WEEDS Board of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-6 Determination of existence of hazard or nuisance . . . . . . 36-2 Enforcing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-6 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-5 Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-5 Noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-4 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-3 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-7 Removal by village . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-5 Removal of weeds and other vegetation . . . . . . . . . . . . . . . 36-1BUFFERS Planned business areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24BUILDING Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5BUILDING AREA Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5BUILDING CONSTRUCTION, see FIRE PREVENTION

AND BUILDING CONSTRUCTIONBUILDING HEIGHT Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5BUILDING PERMITS Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-14, 101-50 – See also LICENSES; PERMITS and SPECIAL USE PERMITSBUILDINGS, UNSAFE Absentee owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-8 Board of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-5 Code Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-4 Declaration of nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-1 Emergency actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-7 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-7 Fire Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10 Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-9 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-6 Police Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10 Standards for repair, vacation or demolition . . . . . . . . . . . 39-2

3 1 – 15 - 89

FARNHAM INDEX

-- B –BUILDING WIDTH Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5BUSINESS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

-- C –CARNIVALS Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-4 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, Ch. A108 Occupations, licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, 68-4CELLAR Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5CERTIFICATE OF OCCUPANCY Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-50, 101-51CHARGES, see FEESCIRCUSES Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-4 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, Ch. A108 Occupations, licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, 68-4 CLUSTER DEVELOPMENTS Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24CODE ENFORCEMENT OFFICER Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-47 Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-4 Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Fire prevention and building construction . . . . . . . . . . . . . . 56-2 Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-4, 101-49 Salaries and compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 101-48 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-47 – 101-49CODE OF ETHICS, see ETHICS, CODE OFCOLLECTOR STREETS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4COMMERCIAL DISTRICTS Accessory uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-11 Permitted uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-11 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Special uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-11 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12COMPOSITION OF BOARDS, COMMITTEES, ETC.,

see MEMBERSHIPCOMPREHENSIVE PLAN Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4CONFLICTS OF INTEREST Ethics, Code of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4

4 1 – 15 - 89

FARNHAM INDEX

-- C –COSTS, see FEESCUL-DE-SAC Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4CURBS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23, 86-24CURFEW Imposition of curfew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43-1 Minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43-1, 43-2 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43-2

-- D –DEFINITIONS Abandoned, junked, discarded and/or inoperable

motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Accessory use or structure . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Alleys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Arterial streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Attic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Authorized organization . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-2 Automobile trailer park . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-1 Basement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Building area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Building height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Building width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Cellar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Code Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Collector streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Cul-de-sac . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Developer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Domestic animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-3 Drainage right-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Dwelling, multiple . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Dwelling, one-family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Dwelling, two-family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Dwelling unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Farms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Farm structure or building . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

5 1 – 15 - 89

FARNHAM INDEX

-- C – Final plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Floor area, total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Games of chance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-2 Garage, private . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Garage, public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Home occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Home professional occupations . . . . . . . . . . . . . . . . . . . . . . 101-5 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 House, lodging or boarding . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Local residential streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Lot area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Lot, corner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Lot, depth of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Lot line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Lot, parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4, 101-5 Lot, width of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Marginal service streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Master Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Minor streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Mobile home courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Mobile homes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Modular home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Motor vehicle service or filling stations . . . . . . . . . . . . . . . . 101-5 Nonconforming uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Official Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Official submission date . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Performance bond or guaranty . . . . . . . . . . . . . . . . . . . . . . 86-4 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Planning Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Preliminary plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Principal uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Resubdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Room, habitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Sign area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Special use permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Special uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Story, half . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Street grade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Street line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Street pavement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4

6 1 – 15 - 89

FARNHAM INDEX

-- D – Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4, 101-5 Street width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Street, width of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Subdivider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4, 101-5 Subdivision plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Tourist homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Tourist, trailer or car camp . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Unsafe building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-1 Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Vehicle, habitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Village . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15, 9-3, 61-2 Village Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Village Development Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Village Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Village officer or employee . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3 Village Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Yard, front . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Yard, rear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Yard, side . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Zoning Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4DESIGN STANDARDS Planned business areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-13 – 86-22DEVELOPER Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4DOGS AND OTHER ANIMALS Animals which attack other animals . . . . . . . . . . . . . . . . . 46-8 Animals which destroy property . . . . . . . . . . . . . . . . . . . . 46-9 Complaints filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-13 Dangerous animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-3 Dogs chasing vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-7 Dog Wardens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-12 Female dogs in heat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-6 Keeping swine, livestock and fowl . . . . . . . . . . . . . . . . . . . 46-1 Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-5 Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-10 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-2, 46-15 Running at large . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-11 Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-1, 46-2 Summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-14

7 1 – 15 - 89

FARNHAM INDEX

-- D –DOG WARDENS Dogs and other animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-12DOMESTIC ANIMALS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-3DRAINAGE Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-16, 86-23DRAINAGE RIGHT-OF-WAY Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4DRIVEWAYS Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23DUTIES, see POWERS AND DUTIESDWELLING Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5DWELLING, MULTIPLE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5DWELLING, ONE-FAMILY Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5DWELLING, TWO-FAMILY Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5DWELLING UNIT Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

-- E –EASEMENTS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-16EMERGENCIES Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-7ETHICS, CODE OF Administration of provisions . . . . . . . . . . . . . . . . . . . . . . . 9-8 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-2 Board of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6 Standards of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-5EXCAVATIONS Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24EXPLOSIVES Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20

8 1 – 15 - 89

FARNHAM INDEX

-- F –FAMILY Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5FARMS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5FARM STRUCTURE OR BUILDING Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5FEES Brush, grass and weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-5 Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-7 Carnivals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-4 Circuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-4 Fire prevention and building construction . . . . . . . . . . . . . 56-4 Hawking, peddling and soliciting . . . . . . . . . . . . . . . . . . . . 68-4 Occupations, licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-4 Peace and good order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-5 Records, public access to . . . . . . . . . . . . . . . . . . . . . . . . . . 78-8 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-6 Theaters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-6 Trailers and trailer parks . . . . . . . . . . . . . . . . . . . . . . . . . . 89-3 Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-39 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-1, 97-11, 97-16,

97-21 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-52FENCES Height regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-18 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-18FILLING STATIONS, see SERVICE STATIONSFINAL PLAT Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-7, 86-26FINES, see PENALTIES FOR OFFENSESFIREARMS Discharge restricted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53-1 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53-2FIRE DEPARTMENT Applicability of state law . . . . . . . . . . . . . . . . . . . . . . . . . . 12-3 Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10 Certification of election results . . . . . . . . . . . . . . . . . . . . . 12-2 Election of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1 Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10FIRE HYDRANTS, see HYDRANTS

9 1 – 15 - 89

FARNHAM INDEX

-- F – FIRE PREVENTION AND BUILDING CONSTRUCTION Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-1 Code Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . 56-2 Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-6 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-4 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-5 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-7 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-4, Ch. A108 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-8 Review Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-9 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-9 Rules and regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-3 Violation orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56-6FLOODPLAINS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-19FLOOR AREA, TOTAL Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5FOWL, see DOGS AND OTHER ANIMALS

-- G –GAMES OF CHANCE Authorization for conduct of games . . . . . . . . . . . . . . . . . 61-3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-2 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-6 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. A108 Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-4 Sunday games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-5 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-1GARAGE, PRIVATE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5GARAGE, PUBLIC Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5GARBAGE, RUBBISH AND REFUSE Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 See also Ch. 63GAS STATIONS, see SERVICE STATIONSGENERAL PROVISIONS Adoption of Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 – 1-14 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15 General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16GRADING Apartment developments. . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24GRASS, see BRUSH, GRASS AND WEEDS

10 1 – 15 - 89

FARNHAM INDEX

-- G –GUARANTIES Planned business areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24GUNS, see FIREARMS

-- H –HAWKING, PEDDLING AND SOLICITING Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-4 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-1, Ch. A108 Occupations, licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62-1, 68-4HEARINGS Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-46 Local laws, adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-7HEIGHT REGULATIONS Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-18HOME OCCUPATIONS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5HOME PROFESSIONAL OCCUPATIONS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5HOTELS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5HOUSE, LODGING OR BOARDING Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5HYDRANTS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-24

-- I –IMPROVEMENTS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-8, 86-23, 86-24INDUSTRIAL DISTRICTS Accessory uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Permitted uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Special uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12INSPECTIONS Fire prevention and building construction . . . . . . . . . . . . . 56-5 Records, public access to . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-4 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-8

-- L –LANDSCAPING Off-street parking and loading . . . . . . . . . . . . . . . . . . . . . . 101-30

11 1 – 15 - 89

FARNHAM INDEX

-- L -- Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-27 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20LIABILITY Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-9 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-5LICENSED OCCUPATIONS, see OCCUPATIONS, LICENSEDLICENSES Bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. A108 Carnivals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, Ch. A108 Circuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, Ch. A108 Games of chance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ch. A108 Hawking, peddling and soliciting . . . . . . . . . . . . . . . . . . . . . 68-1, Ch. A108 Theaters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, Ch. A108 Trailers and trailer parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-2, 89-3, 89-5,

Ch. A108 See also BUILDING PERMITS; PERMITS and SPECIAL USE

PERMITSLIENS Brush, grass and weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-5LIGHTING Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Off-street parking and loading . . . . . . . . . . . . . . . . . . . . . . . 101-29 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-9 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23LITTERING Streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-5LIVESTOCK, see DOGS AND OTHER ANIMALS LOCAL LAWS, ADOPTION OF Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1 – 15-3 Numbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-4 Posting of copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-2 Proof of publication and posting . . . . . . . . . . . . . . . . . . . . . 15-3LOCAL RESIDENTIAL STREETS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4LOT AREA Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5LOT, CORNER Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5LOT, DEPTH OF Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5LOT LINE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

12 1 – 15 – 89

FARNHAM INDEX

-- L –LOT, PARKING Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5LOTS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4, 101-5 Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-15 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 See also AREA, LOT AND BULK REQUIREMENTSLOT, WIDTH OF Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

-- M –MARGINAL SERVICE STREETS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4MASTER PLAN Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4MEETINGS Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Fire Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1MEMBERSHIP Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 Board of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7METERS Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-11, 97-21MINORS Curfew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43-1, 43-2MINOR STREETS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4MINUTES Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 See also RECORDSMOBILE HOME COURTS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5MOBILE HOMES Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 See also TRAILERS AND TRAILER PARKSMODULAR HOME Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24

13 1 – 15 - 89

FARNHAM INDEX

-- M --MONUMENTS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23MOTOR VEHICLE SERVICE OR FILLING STATIONS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 See also SERVICE STATIONS

-- N –NOISE Dogs and other animals . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-5 Peace and good order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-4, 74-5 Vehicles and traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-9NONCONFORMING USES Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-33 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-15 See also ACCESSORY USES; PERMITTED USES;

and SPECIAL USESNOTICES Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-46 Brush, grass and weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-3 Local laws, adoption of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15-1 – 15-3 Records, public access to . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-9 Streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-10 Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-40NUISANCES Brush, grass and weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-2 Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-3 Dogs and other animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-10

-- O –OCCUPATIONS, LICENSED Carnivals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, 68-4 Circuses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, 68-4 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-4 Hawking, peddling and soliciting . . . . . . . . . . . . . . . . . . . . . 68-1, 68-4 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-7 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-7 Theaters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, 68-6OFFENSES, see PENALTIES FOR OFFENSESOFFICIAL MAP Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4

14 1 – 15 - 89

FARNHAM INDEX

-- O –OFFICIAL SUBMISSION DATE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4OFF-STREET PARKING AND LOADING Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-27 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-25 Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-30 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-29 Medium required spaces . . . . . . . . . . . . . . . . . . . . . . . . . . 101-31 Planned business areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Required area for space . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-26 Sharing of facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-28 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-25 – 101-31 See also PARKINGOPEN SPACE Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-22 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20ORDER, see PEACE AND GOOD ORDER

-- P –PARKING Bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-3 Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-39 Vehicles and traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-2, 93-3, 93-14 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 See also OFF-STREET PARKING AND LOADING PARKS AND PLAYGROUNDS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-22PEACE AND GOOD ORDER Dangerous deposits on streets and sidewalks . . . . . . . . . . 74-8 Destruction of private or public property . . . . . . . . . . . . . . 74-7 Disturbance of lawful meetings . . . . . . . . . . . . . . . . . . . . . . 74-2 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-5 Fighting or riotous demonstrations . . . . . . . . . . . . . . . . . . 74-1 Injuries to streets or sidewalks . . . . . . . . . . . . . . . . . . . . . . 74-10 Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-4, 74-5 Obscene language or conduct . . . . . . . . . . . . . . . . . . . . . . . 74-6 Obstruction of enforcement of legislation . . . . . . . . . . . . . 74-9 Obstruction of traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-3 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-11 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-5 Sound trucks and loudspeakers . . . . . . . . . . . . . . . . . . . . . . . 74-5

15 1 – 15 – 89

FARNHAM INDEX

-- P –PEDDLING, see HAWKING, PEDDLING AND SOLICITINGPENALTIES FOR OFFENSES Bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-2 Bingo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33-4 Brush, grass and weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36-7 Buildings, unsafe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-6 Curfew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43-2 Dogs and other animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-2, 46-15 Ethics, Code of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6 Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53-2 Fire prevention and building construction . . . . . . . . . . . . 56-6, 56-7 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-16 Occupations, licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-7 Peace and good order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-11 Speed limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-13 Streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-6, 84-13 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-28 Trailers and trailer parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-7 Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-41 Vehicles and traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-10, 93-15 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-14, 97-20 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-56PERFORMANCE BOND OR GUARANTY Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4PERMITS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Fire prevention and building construction . . . . . . . . . . . . . 56-4, Ch. A108 Peace and good order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-5 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-32 Streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-7, Ch. A108 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-50, 101-51 See also BUILDING PERMITS; LICENSES; and

SPECIAL USE PERMITSPERMITTED USES Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-11 Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Residential Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10 See also ACCESSORY USES; NONCONFORMING USES;

and SPECIAL USESPLANNED BUSINESS AREAS Accessory uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Design standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24

16 1 – 15 - 89

FARNHAM INDEX

-- P – Guaranties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Off-street parking and loading . . . . . . . . . . . . . . . . . . . . . . . 101-24 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24, 101-24 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24PLANNING BOARD Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4PLAYGROUNDS, see PARKS AND PLAYGROUNDSPOLICE DEPARTMENT Buildings, unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10 Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10POWERS AND DUTIES Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42, 101-43 Board of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Board of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-5 Code Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . . 39-4, 101-49 Fire Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10 Police Department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-10 Records access officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-2PRELIMINARY PLAT Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-6, 86-25PRINCIPAL USES Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5PUBLIC ACCESS TO RECORDS, see RECORDS, PUBLIC

ACCESS TOPUBLIC HEARINGS, see HEARINGS

-- Q –QUALIFICATIONS Board of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7QUORUM Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42

-- R –RATES, see FEESRECORDS Fire prevention and building construction . . . . . . . . . . . . . . 56-8 See also MINUTESRECORDS ACCESS OFFICER Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-2 Records, public access to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-2RECORDS, PUBLIC ACCESS TO Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-7 Denial of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-7

17 1 – 15 - 89

FARNHAM INDEX

-- R – Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-8 Hours for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-4 Location of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-3 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-9 Purpose and scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-1 Records access officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-2 Requests for access to records . . . . . . . . . . . . . . . . . . . . . . . 78-5 Subject matter list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-6REFUSE, see GARBAGE, RUBBISH AND REFUSEREGIONAL BOARD OF REVIEW, see REVIEW BOARDREGISTRATION Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-38REPORTS Occupations, licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-7RESIDENCE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5RESIDENCY REQUIREMENTS, see QUALIFICATIONSRESIDENTIAL DISTRICTS Accessor uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10 Permitted uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Special use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10RESUBDIVISION Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4REVIEW BOARD Fire prevention and building construction . . . . . . . . . . . . 56-9RIGHT OF ENTRY Fire prevention and building construction . . . . . . . . . . . . 56-5 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-4ROOM, HABITABLE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5RUBBISH, see GARBAGE, RUBBISH AND REFUSE

-- S –SALARIES AND COMPENSATION Board of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7 Code Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . 101-48SANITATION Dogs and other animals . . . . . . . . . . . . . . . . . . . . . . . . . . . 46-1, 46-2

18 1 – 15 - 89

FARNHAM INDEX

-- S –SERVICE STATIONS Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24SETBACKS Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-18SEWERS Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23, 86-24SIDEWALKS Bicycles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-1 Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23, 86-24 See also STREETS AND SIDEWALKSSIGN AREA Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5SIGNS Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-32 Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-35 Nonconforming uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-33 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-32 Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-34 Planned business areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-12 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23 Vehicles and traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-1 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-32 – 101-35SOLICITING, see HAWKING, PEDDLING AND SOLICITINGSPECIAL USE PERMITS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-50 – 101-53 See also BUILDING PERMITS; LICENSES; and PERMITSSPECIAL USES Additional standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Application for special use . . . . . . . . . . . . . . . . . . . . . . . . . 101-22 Authorization to conduct use . . . . . . . . . . . . . . . . . . . . . . . 101-23 Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-11 Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-21 Residential Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10

19 1 – 15 - 89

FARNHAM INDEX

-- S -- Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-21 – 101-24 See also ACCESSORY USES; NONCONFORMING USES; and PERMITTED USESSPEED LIMITS Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-12 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-11 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-13 Vehicles and traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-11 – 93-13STORAGE Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-37, 101-39STORY Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5STORY, HALF Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5STREET GRADE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5STREET LINE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5STREET PAVEMENT Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4STREETS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4, 101-5 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-11, 86-14, 86-23STREETS AND SIDEWALKS Barricades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-9 Cutting down or planting trees . . . . . . . . . . . . . . . . . . . . . . 84-3 Digging in streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-2 Duty of owners or occupants . . . . . . . . . . . . . . . . . . . . . . . 84-8 Injury to shade trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-1 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-9 Littering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-5 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-10 Peace and good order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74-8, 74-10 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-6, 84-13 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-7, Ch. A108 Prohibited deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-4 Sidewalk construction or repair . . . . . . . . . . . . . . . . . . . . 84-7 – 84-13 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-12STREET WIDTH Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4STREET, WIDTH OF Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5SUBDIVIDER Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4

20 1 – 15 - 89

FARNHAM INDEX

-- S --SUBDIVISION Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4, 101-5SUBDIVISION OF LAND Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-1 Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-8 Curbs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23, 86-24 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4 Design standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-13 – 86-22 Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-16 – 86-23 Driveways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23 Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-16 Enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-6 Final plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-7, 86-26 Floodplains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-19 Ground cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-27 Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-7 Hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-24 Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-8, 86-23, 86-24 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-8 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-2 Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-27 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23 Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-15 Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-21 Monuments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23 Open space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-22 Parks and playgrounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-22 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-28 Permitted modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-24 Plat approval procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-5 – 86-12 Preliminary plat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-6, 86-25 Preservation of natural features . . . . . . . . . . . . . . . . . . . . 86-18 Self-imposed restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . 86-20 Sewers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23, 86-24 Sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23, 86-24 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23 Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-11, 86-14, 86-23 Time of construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-12 Topsoil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-18 Trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23 Variances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-27 Waivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-27 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-24

21 1 – 15 - 89

FARNHAM INDEX

-- S –SUBDIVISION PLAT Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4SWINE, see DOGS AND OTHER ANIMALS

-- T –TERMS OF OFFICE Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42THEATERS Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-6 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, Ch. A108 Occupations, licensed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68-2, 68-6TIME LIMIT FOR PARKING OR STORAGE Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-39TOPSOIL Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-18TOURIST HOMES Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5TOURIST, TRAILER OR CAR CAMP Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5TRAFFIC REGULATIONS, see VEHICLES AND TRAFFICTRAILERS AND TRAILER PARKS Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-1 Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-6 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-3 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-2, 89-3, 89-5, Ch. A108 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-7 Required facilities and conditions. . . . . . . . . . . . . . . . . . . . 89-4 See also MOBILE HOMESTREES Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Streets and sidewalks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84-1, 84-3 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-23

-- U –UNSAFE BUILDINGS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39-1 See also BUILDINGS, UNSAFE

22 1 – 15 - 89

FARNHAM INDEX

-- U --USE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5UTILITIES Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24UTILITY BUILDING Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

-- V –VARIANCES Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89-27VEHICLE, HABITABLE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5VEHICLES, ABANDONED Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-39 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-40 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-41 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-36 Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-37 Time limit for parking or storage . . . . . . . . . . . . . . . . . . . . 101-39 Unregistered vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-38 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-36 – 101-41VEHICLES AND TRAFFIC Compliance with traffic officers and regulations . . . . . . . 93-8 Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-4 Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-9 Obstructing emergency equipment . . . . . . . . . . . . . . . . . . 93-6 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-2, 93-3, 93-14 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-10, 93-15 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-1 Speed limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93-11, 93-13 Tractors and other vehicles . . . . . . . . . . . . . . . . . . . . . . . . 93-7VILLAGE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15, 9-3, 61-2VILLAGE BOARD Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5VILLAGE BOUNDARIES, see BOUNDARIES, VILLAGEVILLAGE DEVELOPMENT PLAN Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4VILLAGE ENGINEER Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4VILLAGE OFFICER OR EMPLOYEE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-3

23 1 – 15 - 89

FARNHAM INDEX

-- V –VILLAGE PLAN Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4VIOLATIONS, see PENALTIES FOR OFFENSES

-- W –WATER Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-19 Approval required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-18 Billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-3 Boilers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-6 Connections and equipment . . . . . . . . . . . . . . . . . . . . . . 97-7 Contracts for service . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-3 Damage to system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-10 Discontinuance of service . . . . . . . . . . . . . . . . . . . . . . . . 97-13 Duties of consumers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-2 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-11, 97-16, 97-21 Leaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-9 Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-5 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-11, 97-21 Method of billing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-12 New service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-15 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-14, 97-20 Prohibited equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-17 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-4 Service cock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-8 Subdivision of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-24 Unpaid water rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-1 Wasting water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97-8WEAPONS, see FIREARMSWEEDS, see BRUSH, GRASS AND WEEDS

-- Y –YARD, FRONT Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5YARD, REAR Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5YARDS Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-16, 101-20 See also AREA, LOT AND BULK REQUIREMENTS

24 1 - 15 - 89

FARNHAM INDEX

-- Y –YARD, SIDE Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5

-- Z –ZONING Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-55 Apartment developments . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-42 – 101-46 Buffers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Building permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-14, 101-50 – 101-53 Certificate of occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-50, 101-51 Cluster developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Code Enforcement Officer . . . . . . . . . . . . . . . . . . . . . . . . . 101-47 – 101-49 Commercial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-13 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-5 District boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-8 Enactment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-1 Enumeration of districts . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-6 Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-54 Explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-52 Fences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-18 Garbage, rubbish and refuse . . . . . . . . . . . . . . . . . . . . . . . . 101-20 Ground story bay windows, oriels or balconies . . . . . . . . 101-17 Industrial Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-12 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-57 Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 Miscellaneous restrictions . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 Mobile homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Modular homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Nonconforming uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-15 Off-street parking and loading . . . . . . . . . . . . . . . . . . . . . . 101-25 – 101-31 Open space . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-20 Penalties for offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-56 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-50, 101-51 Planned business areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Preservation of natural features . . . . . . . . . . . . . . . . . . . . 101-19 Residential Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-10

25 1 – 15 - 89

FARNHAM INDEX

-- Z -- Schedule of Area, Lot and Bulk Requirements . . . . . . . . . 101-9 Service stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Setbacks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-18 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-32 – 101-35 Special use permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-50 – 101-52 Special uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-21 – 101-24 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-2 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-24 Vehicles, abandoned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-36 – 101-41 Walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-18 Word usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-4 Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-16, 101-20 Zoning Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-7ZONING LAW Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-4ZONING MAP Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101-7ZONING PERMITS, see PERMITS

26 1 – 15 – 89

Code Proposed fee100

Single family home $60 plus .15 s.f.

101

Mobile Home 150

110

Two family home $60 plus .20 S.F.

120

Three family or more $30 per unit plus .15s

145

townhouse $60 plus .15 s.f.

150

extend residential $60 plus .15 s.f.

151

alteration to residential $60 plus $5 per 1000

210

commercial/industrial $100 plus .25 s.f.

220

extend commercial/industrial $100 plus .25 s.f.

300

Detached garage 100

310

Attached garage $60 plus .15 2.f.

430

Farm building-barn 50

450

Demolition-residential 150

451

Demolition-commercial 300

485

Inground pool 150

490

Sign 60 plus 1 s.f.

491

Permit renewal $60 plus .15 s.f.

491

Temporary sign 150

530

Misc. 50

540

Variance 75 res/150 com

541

Special use permit 200

551

alteration to Comm/indust. $100 plus 5. Per 1000

560

Repair residential 45

56 Repair Comm./industrial 100 plus 5. Per 1000

1610

fence 50

611

shed 50

612

above ground swimming pool 50

613

open porch/deck $45 plus .10 s.f.

614

woodstove/fireplace 45

flood plain development 100fire prevention insp. $0 first insp. $25 each inspection afterOperating Permit 50 per Year

rental permit fee 50 per unit per yearreinspection fee 2duplicate certificate of occupancy or certificate of compliance $25Special inspection @ $45.00 per hourany letters requested from code official regarding property status $25

1% per day late fee

Code Book.docx · Web viewA.Those whose interior walls or other vertical structural members list,...

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Transcript of Code Book.docx · Web viewA.Those whose interior walls or other vertical structural members list,...