[Amended 9-8-2005 by L.L. No. 3-2005]
All provisions of this chapter shall be enforced
by the Code Enforcement Officer. It shall be the duty of such enforcement
official to keep a record of all applications for permits and record
of all permits issued with a notification of all special conditions
relating thereto. He shall file copies submitted, all of which records
shall be available for use by the Assessor of the Town of Avon. The
Code Enforcement Officer shall issue no permit for the use of any
property not in conformity with the requirements of this chapter and
all other provisions of the Code of the Town of Avon and any rules
or regulations adopted pursuant thereto.
[Amended 5-25-2000 by L.L. No. 3-2000; 9-8-2005 by L.L. No. 3-2005]
A.
The Code Enforcement Officer shall have the right
to inspect all or any part of the buildings or premises, including
any unit or apartment or entire multiple residence, except that the
owner, agent or person in charge thereof shall have the right to insist
upon the procurement of a search warrant from a court of competent
jurisdiction by the Code Enforcement Officer in order to enable such
inspection. The Code Enforcement Officer charged with conducting the
inspection pursuant to this chapter shall be required to obtain a
search warrant whenever an owner, agent or person in charge refuses
to permit a warrantless inspection of the premises after having been
advised that he or she has a constitutional right to refuse entry
of the officials without a search warrant.
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 Town 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 shall form a part of the records of his office and shall be
available for the use of the Town Board and other officials of the
Town. The records to be maintained shall include at least the following:
(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 copy of the application and all supporting documents, maps and
plans; notations regarding pertinent dates and fees and the like;
as appropriate, one 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 Town 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 Town Board.
The certificate 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 in Chapter 39, Building Construction, of the Code of the Town of Avon.
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 park thereof, where he shall
determine that such plans are not in violation of the provisions of
this chapter.
[Amended 9-8-2005 by L.L. No. 3-2005]
B.
Special use permit. Upon written direction of the
Board of Appeals, the Code Enforcement Officer is hereby empowered
to issue any special use permit, including home occupation permits,
provided by this chapter.
[Amended 9-8-2005 by L.L. No. 3-2005]
C.
Building permit. A building permit shall be required
prior to the erection, alteration, demolition, moving or addition
to any building or structure with an area greater than 100 square
feet. It shall be unlawful for any person to commence work requiring
a building permit until such permit has been duly issued. No building
permit shall be issued until site plan approval is granted, if required,
by the Planning Board.
D.
Certificate of occupancy. The Code Enforcement Officer
is hereby empowered to issue a certificate of occupancy which shall
certify that all provisions of the New York State Uniform Fire Prevention
and Building Code, this chapter and other provisions of the Code of
the Town of Avon have been complied with in respect to the location
and use of the building, structure or premises in question.
[Amended 9-8-2005 by L.L. No. 3-2005]
A.
Procedures for a zoning permit. All applications for zoning permits shall be made to the Code Enforcement Officer in the detail specified in § 130-46 of this chapter.
[Amended 9-8-2005 by L.L. No. 3-2005]
B.
Procedures for special use permits. All applications
for special use permits, including home occupation permits, shall
be made to the Code Enforcement Officer. The Code Enforcement Officer,
after determining that an application is in the proper form, shall
transmit one copy of the application and all supporting documents
to the Secretary of the Board of Appeals for referral to the Board
for action thereon. At the same time, the Code Enforcement Officer
shall transmit one copy of the application and all supporting document
to the Planning Board for review of the site plan, and for an evaluation
of the proposed use and its relationship and conformity to the goals
and objectives and policies established by the Town Comprehensive
Plan.
[Amended 9-8-2005 by L.L. No. 3-2005]
(1)
The Planning Board shall review the application and,
within 30 days, make a written report to the Board of Appeals setting
forth its findings and 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
Plan and its principles of land use and development.
(2)
Within 62 days of receipt of application, the Board
of Appeals shall 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 62
days from the date of such public hearing, the Board of Appeals 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 Board of
Appeals, 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 Board
of Appeals.
(b)
If any application is disapproved by the Board
of Appeals, 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.
(c)
The Code Enforcement Officer shall transmit
one copy of all approved and denied applications to the Planning Board
and one copy of all approved applications to the Town Tax Assessor.
C.
Procedures for a building permit.
(1)
Review and action. No building permit shall be issued until the Code Enforcement Officer has certified that the proposed action complies with the provisions of all applicable local laws, including Chapter 39, Building Construction, of the Code of the Town of Avon. In granting a building permit, the Code Enforcement Officer shall provide a building permit card to be posted on the site, which card shall be posted on the site of operation, visible from the street and open to inspection the entire time of prosecution of the work.
(2)
Time limit. If the work for which a building permit
has been issued is not commenced within one year after the date of
issuance of the permit or if following commencement operations cease
for a period exceeding 90 days or such longer period as the Code Enforcement
Officer may authorize in writing in recognition of the occurrence
of conditions unforeseen at the time of issuance of the permit, the
permit shall expire and a new permit shall be required before work
is commenced or recommended.
D.
Procedures for a certificate of occupancy. 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 such construction has been completed
or that a new use has been proposed. Within seven 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 and the New York State Uniform Fire Prevention and Building
Code.
[Amended 9-8-2005 by L.L. No. 3-2005]
E.
Procedures for site plan approval.
(1)
Authority. Pursuant to § 274-a of the New
York State Town Law, the Town of Avon Planning Board is authorized
by the Avon Town Board to review and approve site plans for development
within the Town of Avon.
(2)
Applicability. Prior to the issuance of a building
permit in any zoning district or of a zoning permit for a change in
use or a special permit use, the Code Enforcement Officer shall require
site plan approval in accordance with the provisions of this section.
All new land use activities shall require site plan approval, including
new structures, new uses, expansions of existing structures, excavation
operations, new special permit uses and legal conversions of an existing
building to another use. Exceptions to these requirements are:
[Amended 9-8-2005 by L.L. No. 3-2005]
(a)
Construction of a single one- or two-family
dwelling on a single lot in an approved subdivision.
(b)
Permitted accessory structures to one- and two-family
dwellings.
(c)
Ordinary repair or maintenance or interior alterations
to existing structures or uses.
(d)
Exterior alterations or additions to one- and
two-family dwellings.
(e)
Exterior alterations or additions to existing
structures which would not increase the gross floor area by more than
20%. The Code Enforcement Officer shall notify an applicant for a
building permit where site plan approval is required and shall advise
the applicant as to applicable procedures and requirements.
(3)
Approval process.
(a)
Sketch plan (optional).
[1]
A sketch plan conference may be held between
the Planning Board and the applicant prior to the preparation and
submission of a formal site plan. The intent of such a conference
is to enable the applicant to inform the Planning Board of his proposal
prior to the preparation of a detailed site plan and for the Planning
Board to review the basic site design concept, advise the applicant
as to potential problems and concerns and to generally determine the
information to be required on the site plan. In order to accomplish
these objectives, the applicant shall provide the following:
[a]
A statement and rough sketch showing
the locations and dimensions of principal and accessory structures,
parking areas, signs, existing and proposed vegetation and other planned
features; anticipated changes in the existing topography and natural
features; proposed water supply, sanitary waste disposal and provisions
for storm drainage; recreation and open space; and, where applicable,
measures and features to comply with flood hazard and flood insurance
regulations.
[b]
An area map showing the parcel
under consideration for site plan review and all properties, subdivisions,
streets, rights-of-way, easements and other pertinent features within
200 feet of the boundaries of the parcel.
[c]
A topographic or contour map of
adequate scale and detail to show site topography.
[2]
The Planning Board, upon review of the sketch
plan and with the concurrence of the Town Engineer as deemed appropriate
by the Planning Board, may waive requirements for application materials
for developments which, due to their character, size, location or
special circumstances, do not require this information to perform
the site plan review.
(b)
Application. An application for site plan approval
shall be made in writing to the Code Enforcement Officer and shall
be accompanied by supporting information and documentation. If a sketch
plan conference was held, the supporting information shall include
the elements identified by the Planning Board at said sketch plan
conference. The application for site plan approval shall include the
following information prepared by a licensed engineer, architect,
landscape architect or surveyor:
[Amended 9-8-2005 by L.L. No. 3-2005]
[1]
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration and all
properties, subdivisions, streets and easements within 500 feet of
the applicant's property.
[2]
A map of site topography at no more than five-foot
contour intervals. If the site has susceptibility to erosion, flooding
or ponding, contour intervals of not more than two feet of elevation
should also be provided.
[3]
Title of drawing, including name and address
of the applicant and the person responsible for preparation of such
drawings.
[4]
North arrow, scale and date.
[5]
Boundaries of the property plotted to scale.
[6]
Existing buildings.
[7]
Grading and drainage plan, showing existing
and proposed contours, rock outcrops, depth to bedrock, soil characteristics
and watercourses.
[8]
Location, design, type of construction, proposed
use and exterior dimensions of all buildings.
[9]
Location, design and type of construction of
all parking and truck loading areas, showing ingress and egress.
[10]
Provision for pedestrian access.
[11]
Location of outdoor storage, if
any.
[12]
Location and design of all existing
and proposed site improvements, including drains, culverts, retaining
walls and fences.
[13]
Description of the method of public
water supply and sewage disposal and location of such facilities.
[14]
Location of fire and other emergency
zones, including the location of fire hydrants.
[15]
Location and design of all energy
distribution facilities, including electrical, gas and solar energy.
[16]
Location, size, design and type
of construction of all proposed signs.
[17]
Location and proposed development
of all buffer areas, including existing vegetative cover.
[18]
Location and design of outdoor
lighting facilities.
[19]
Identification of the location
and amount of building area proposed for each intended use, including
storage and common areas.
[20]
General landscaping plan and planting
schedule.
[21]
An estimated project construction
schedule.
[22]
Record of application for and
approval status of all necessary permits from state and county agencies.
[23]
Identification of any state or
county permits required for the execution of the project.
[24]
Other elements integral to the
proposed development, as considered necessary by the Planning Board.
(c)
Date of application. The above-described information
and documentation shall be submitted to the Code Enforcement Officer
two weeks before the next regularly scheduled Planning Board meeting.
The Code Enforcement Officer may request from the applicant additional
copies of application materials for distribution to the Planning Board
prior to the meeting. At the regularly scheduled meeting, the Planning
Board shall determine whether the application is complete. If the
application is not complete, the Planning Board shall list the additional
information required and shall mail such list to the applicant. The
minutes of the meeting may satisfy this requirement. The date of the
regularly scheduled Planning Board meeting at which the application
is determined to be complete by the Planning Board shall be the date
of application.
[Amended 9-8-2005 by L.L. No. 3-2005]
(d)
Factors for consideration. The Planning Board
review of a site plan shall include but is not limited to the following
considerations:
[1]
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, channelization
structures and traffic controls.
[2]
Adequacy and arrangement of pedestrian traffic
access and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic, and pedestrian convenience.
[3]
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
[4]
Location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
[5]
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or a noise-deterring
buffer between these and adjoining lands.
[6]
In the case of an apartment house or multiple
dwelling, the adequacy of usable open space for playgrounds and informal
recreation.
[7]
Adequacy of stormwater and sanitary waste disposal
facilities.
[8]
Adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and ponding
and/or erosion.
[9]
Protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
[10]
Adequacy of water supply facilities.
[11]
Overall impact on the neighborhood,
including compatibility of design considerations.
[12]
Conformance with the Town Master
Plan or other applicable plans prepared by others which the Town uses
as a guide for development.
(e)
Planning Board action.
[Amended 9-8-2005 by L.L. No. 3-2005]
[1]
Within 62 days of the date of application as
described above, the Planning Board shall approve, approve with modifications
or disapprove the site plan, except that where a public hearing is
deemed necessary as described in this chapter the decision on the
site plan shall be within 62 days of the public hearing. The time
period in which the Planning Board must render its decision can be
extended by mutual consent of the applicant and the Planning Board.
[a]
Approval. Upon approval of the
site plan, the Planning Board shall endorse its approval on a copy
of the site plan and shall immediately file it and a written statement
of approval with the Town Clerk. A copy of the written statement of
approval shall be mailed to the applicant. All approvals shall be
conditional upon final approval by the Town Engineer, as appropriate,
of all construction designs and specifications.
[b]
Approval with modifications. The
Planning Board may conditionally approve the final site plan. A copy
of a written statement containing the modifications required by the
conditional approval will be mailed to the applicant. After adequate
demonstration to the Planning Board that all conditions have been
met, the Planning Board shall endorse its approval on a copy of the
site plan and shall immediately file it and a written statement of
approval with the Town Clerk. A copy of the written statement of approval
shall be mailed to the applicant. All approvals shall be conditional
upon final approval by the Town Engineer, as appropriate, of all construction
designs and specifications.
[c]
Disapproval. Upon disapproval of
the site plan, the decision of the Planning Board shall immediately
be filed with the Town Clerk and a copy thereof mailed to the applicant
along with the Planning Board's reasons for disapproval.
[2]
In the event that a site plan involves a need
for variances, the applicant shall first be denied site plan approval
by the Planning Board. The applicant may appeal the need for variance(s)
to the Zoning Board of Appeals. This need for variances may be determined
by the Code Enforcement Officer before an application for site plan
approval. Where the Planning Board has denied site plan approval on
these grounds, the Planning Board shall convey its opinion to the
Zoning Board of Appeals on the variances requested. If the Zoning
Board of Appeals grants the variances, the applicant may resume the
process to obtain site plan approval.
[3]
Failure of the Planning Board to act on the
site plan within the forty-five-day period shall constitute approval
of the site plan. Upon the submission of documented evidence of the
Planning Board's failure to act on the site plan, the Code Enforcement
Officer shall issue the building permit, provided that the proposed
action is consistent with the applicable regulations of this chapter.
(f)
Public hearing. The Planning Board may conduct
a public hearing on the site plan if the majority of the Board deems
that such a hearing is in the public interest. The public hearing
shall be conducted within 62 days of the date of application for site
plan approval and shall be advertised in the official newspaper of
the Town at least five days before the public hearing. The applicant
shall provide evidence at the hearing that all landowners within a
five-hundred-foot radius of the proposed project were notified by
mail not less than 10 days before the public hearing.
[Amended 9-8-2005 by L.L. No. 3-2005]
(4)
Subdivision approvals. Plats showing lots, blocks or sites which are subject to review pursuant to Chapter 113, Subdivision of Land, shall continue to be subject to such review and shall not be subject to review under this section.
(5)
Other reviews. During the site plan review process,
the Planning Board may consult with the Code Enforcement Officer,
Fire Commissioners, County Planning Board and Town Engineer, as well
as other local and county officials, representatives of federal and
state agencies and consultants.
[Amended 9-8-2005 by L.L. No. 3-2005]
(6)
Reimbursable expenses. No building permit or zoning
permit shall be issued pursuant to the provisions of this section
until all expenses incurred by the Planning Board for consultation
fees or other extraordinary expense in connection with the review
of a site plan are reimbursed by the applicant to the Town.
(7)
Integration of procedures. Whenever the circumstances
of proposed development require compliance with this section and with
any other local law, ordinance or requirement of the Town, the Planning
Board shall attempt to integrate, as appropriate, site plan review
as required by this section with the procedural and submission requirements
for such other compliance.
(8)
State Environmental Quality Review Act (SEQRA). SEQRA
shall apply as appropriate for applications and improvements authorized
by this chapter.
(9)
Referral of site plan to County Planning Board. Where
required by § 239-b et seq. of the General Municipal Law,
the site plan application shall be forwarded to the County Planning
Board for its review.
(10)
Waivers. Where the Planning Board finds that extraordinary and unnecessary hardships may result from the strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured. Such waiver shall not have the effect of nullifying the intent and purpose of the Master Plan or any of the requirements of this chapter or Chapter 113, Subdivision of Land. At the time of such a waiver, the Planning Board shall make findings to be recorded in the official minutes of the Board outlining the reasons for such a waiver.
(11)
Further regulations. The Planning Board may,
after a public hearing, adopt such further rules and regulations as
it deems necessary to carry out the provisions of this section.
(12)
Performance guaranty. No certificate of occupancy
shall be issued until all improvements shown on the site plan are
installed or a sufficient performance guaranty has been posted for
improvements not yet completed. The sufficiency of such performance
guaranty shall be determined by the Planning Board after consultation
with the Code Enforcement Officer, Town Attorney, Town Engineer or
other appropriate parties.
[Amended 9-8-2005 by L.L. No. 3-2005]
(13)
Inspection of improvements and development.
The Code Enforcement Officer shall be responsible for the overall
inspection of site improvements, including coordination with the Town
Engineer and other officials and agencies, as appropriate.
[Amended 9-8-2005 by L.L. No. 3-2005]
(14)
Expiration of site plan approval. Site plan
approval shall automatically terminate one year after the same is
granted unless a building permit has been issued and there is physical
evidence to demonstrate that the project is in progress.
A.
Each application for a zoning permit, building permit
or special use permit shall be made in triplicate and with 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 heights
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.
(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)
Provision for water supply, sewage disposal and storm
drainage.
(6)
The lot upon which the building is proposed to be
erected or on which it is situated, if an existing building.
(7)
Lot dimensions, tax account number, lot number and
subdivision name, if any.
(8)
The names and widths of abutting roads or streets.
(9)
Setback measurements from front, side and rear lot
lines in relation to the building for which permit is sought and distance
of proposed building from any existing building on the same lot.
(10)
The location of garage, septic tank and leaching
beds, water well or other source of water supply.
(11)
The North point and scale.
(12)
Such other data and plans as the Code Enforcement
Officer or the Board of Appeals may require to properly take action
on the application.
[Amended 9-8-2005 by L.L. No. 3-2005]
Each application for a permit provided for by
this article shall be accompanied by a fee, payable in cash or other
form of security approved by the Town Attorney in accordance with
a schedule established by the Town Board.
