A.
The provisions of this bylaw shall be enforced by the Building Inspector
of the Town of Avon.
B.
It shall be the prerogative of the Avon Planning Board to determine
and assess "impact fees" for any development within the Town in collaboration
with any and all boards, commissions, departments or other Town entities.
A.
It shall be unlawful for any person to erect, construct, reconstruct,
or alter a structure without applying for and receiving from the Building
Inspector a building permit. It shall be unlawful for any person to
change the use or lot coverage, or extend or displace the use of any
building, structure, or lot without applying for and receiving from
the Building Inspector a use permit.
B.
Permits shall be applied for by filing an application in writing
with the Building Inspector. The Building Inspector shall not issue
any permit unless the plans for the building, and the intended use
thereof, in all respects fulfill the provisions of this bylaw, except
as may have been specifically permitted otherwise by the Board of
Appeals, or the Planning Board, under powers available to them, and
provided a copy of such authorization is attached to the application
and to the resulting permit which may be issued. In order to assure
that a sufficient supply of water is available for the intended use
for which the permit is requested, the Building Inspector shall secure
the endorsement of the Department of Public Works to that effect.
In order to assure that the sewage disposal system is sufficient to
service the requirements of the use for which the building permit
is requested, and to assure the public health needs of the Town of
Avon and its inhabitants are safeguarded, prior to the issuance of
a building permit shall secure the endorsement of the Avon Board of
Health to that effect.
C.
Each application for a permit to build, alter, or move a building
shall be accompanied by a plot plan in such number of copies and drawn
to such a scale as is required by the Building Inspector. Each such
plot plan shall show dimensions and areas of lots and of structures
and sewage disposal systems, to be erected, altered, or moved, and
adjacent streets or ways. Such plot plans shall accurately indicate
dimensions and angles of all lot lines shown thereon; also any streets
or ways. Such plot plans shall indicate approved street grades and
proposed elevations of the tops of foundations. Also, such plot plans
shall show the locations of existing sanitary sewers, storm drains,
and water pipes in any street shown and the locations of all existing
buildings and structures within the application area.
D.
Site plan requirement.
(1)
No building or structure, except one- or two-family dwellings
and their accessory buildings, shall be erected, enlarged or changed
in use, except in conformity with a site plan bearing an endorsement
of approval by the Planning Board. Said site plan shall show the owner
of record, location, zone boundary lines, easements, or other legal
restrictions, exact location of building(s) on the lot with side,
front and rear dimensions, lot dimensions, topography, adjacent public
ways, location of off-street parking, lighting, utility systems, surface
drainage, traffic flow, location and nature of open spaces with specific
notations as to landscaping, locus plan, and other details deemed
necessary by the Planning Board. Upon written request of the applicant,
the Planning Board may waive or substantially reduce the site plan
submission requirements for projects having limited or minor impacts
consistent with the purposes of this bylaw.
(2)
Site plan review requirements.
(a)
Applicants shall submit an original and seven copies of their
site plan to the Town Clerk, who shall give the applicant a dated
receipt. Within four days, the Town Clerk shall transmit one copy
each to Planning Board, the Board of Health, the Building Inspector,
the Highway Superintendent, the Department of Public Works, the Board
of Appeals and the Conservation Commission and shall transmit written
notice of the availability of the plans to the Fire and Police Departments,
Within 90 days of filing such application, the review boards and officers
shall evaluate the application and the site plan with regard to the
conditions and standards set forth in this bylaw and related agency
regulations and policies and shall submit comments to the Planning
Board. Within 90 days of the receipt by the Town Clerk of the site
plan, the Planning Board shall conduct a site plan review at a properly
posted open meeting and shall notify the applicant of the date, time
and place of the meeting.
(b)
The Planning Board shall not act without considering the reports
of the review boards and officers unless 90 days from the date of
filing have passed without receipt of such reports.
(c)
The Planning Board shall note major recommendations of the review
boards and officers in its decision and shall explain any major divergence
from such recommendations.
(d)
Failure of the Planning Board to act within 90 days of the filing
of the application shall be deemed approval of the application and
site plan. Where a proposed development also falls under subdivision
control, the applicant shall include information required for a definitive
plan according to the current rules and regulations for the subdivision
of land.[1] However, Planning Board endorsement under this bylaw shall
not constitute approval under the Subdivision Control Law.
(e)
The board with ultimate jurisdiction in a given case (i.e.,
the Planning Board or the Zoning Board of Appeals which is the designated
special permit granting authority for specific specially permitted
uses) shall consider any advisory site plan review report in its decision
and shall explain any major divergence from that report's recommendations.
(3)
Site plan specifications:
(a)
The plan shall be submitted at the scale of at least one inch
equals 20 feet or, in large plots, one inch equals 40 feet.
(b)
There shall be submitted, at the same scale as the site plan,
a surveyed plan of existing site features, including the size of the
property, the topography at two-foot contour intervals and any bedrock
outcroppings; general soil types as indicated on soil maps from the
United States Natural Resources Conservation Service; vegetation,
including accurate locations of wooded areas and major trees; and
any existing roadways, structures or other significant man-made and
natural features.
(c)
In order to allow adequate consideration of the surroundings,
a plan of adjacent properties shall be presented at a scale of one
inch equals 100 feet or at the same scale as and combined with the
site plan or surveyed plan, if practical. This plan will show the
general characteristics of all lands within at least 300 feet of the
proposed site, including structures and their use, parking areas,
driveways, pedestrian ways and other significant features, the zoning
districts for the area and the location of the property within the
Town.
(d)
Required information; waivers.
[1]
The site plan and any other drawings necessary
shall precisely indicate the following:
[a]
Area of the site, boundary lines, dimensions of
the lot(s), plot and lot numbers from Assessors' records, zoning districts,
the names of the owner(s) of record and of all abutting owners of
record and the North point; two perspective renderings and plan(s)
of all buildings and structures.
[b]
Existing and proposed topography, using two-foot
contours, and bedrock outcroppings, if any.
[c]
Location of any existing structures, access roads,
driveways, driveway openings, parking spaces, hydrants and service
and loading areas located on or within 100 feet of the development
site.
[d]
Proposed vehicular circulation system, including
pavement widths, location and dimensions of driveway entrances and
exits, fire lanes, pedestrian ways, bicycle ways and other transportation
routes, parking areas and signs.
[e]
All proposed structures, including their area,
dimensions, exact location, if known, relation to topography and proposed
use.
[f]
Number and type of dwelling units and unit mix,
if known.
[g]
Service access and facilities for all structures
or uses, including garbage and trash disposal facilities.
[h]
Location of water supply and wastewater disposal
facilities.
[i]
Existing and proposed site drainage, including
the general location of any drainage swales, wetlands, streams, ponds,
Housing and Urban Development/Federal Emergency Management Agency
or other designated floodplain areas, kettleholes, wells and any mapped
water supply protection, conservancy or floodplain protection zoning
districts within 200 feet of the site, along with a note summarizing
the drainage calculations and explaining any design not providing
a zero increase in runoff for a twenty-five-year storm.
[j]
The location of all open space, including its intended
use, existing trees and other vegetation to be retained, specific
new plantings by size and location and the entity intended to own
and maintain them.
[k]
Final contours and measures and structures to minimize
erosion and siltation during construction.
[l]
Significant site appurtenances such as walls, light
poles showing the direction of outside lighting, recreation areas
and any fencing, screening or signs.
[m]
All rights-of-way and easements, existing and proposed.
[n]
Names and stamps of the responsible registered
land surveyor, landscape architect or civil engineer.
[o]
Indication of the meeting of any specific requirements
established in the zoning bylaw not already provided for.
[2]
The Planning Board may waive specific requirements
when they are inappropriate to a given proposal.
(4)
Site plan review. In considering a site plan, the Planning Board
shall seek to assure reasonable use of the site according to the following
criteria:
(a)
Protection of adjoining premises against detrimental uses of
the site during and after construction.
(b)
The convenience and safety of vehicular and pedestrian traffic
movement within the site and movement to and from the site, considering
adjacent streets, property and improvements and alternate routes between
the site and nearby destinations.
(c)
Adequacy of the methods for controlling surface water during
and after construction, particularly the potential for minimal or
zero increase in storm runoff for storms of up to the twenty-five-year
interval.
(d)
Provision for the off-street loading and operation of vehicles
incidental to the normal operation of the establishment.
(e)
Functional and aesthetic compatibility of the development with
uses existing or allowed on adjacent properties.
(f)
Residential privacy provided by site and unit layout.
(g)
Adequacy of the site for any expansion allowed by applicable
density standards.
(h)
Landscaping. An area designed and developed using a combination
of trees, shrubs, ground covers, grass and other elements such as
natural features of the site, walks and terraces for the purpose of
enhancing the natural, scenic and aesthetic qualities of a site.
(5)
Site plan review fee. Applicants requiring site plan review
shall make available to the Planning Board funds sufficient to cover
any expenses connected with the review of plans, including but not
limited to the costs of any engineering or planning consulting services
necessary for technical review purposes.
Construction or operations under a building or special permit
issued prior to the adoption of this bylaw, or any subsequent amendment
of it, shall conform to any subsequent amendments unless the use or
construction is commenced within a period of not less than six months
after the issuance of the permit and in cases involving construction
is continued through to completion as continuously and expeditiously
as is reasonable.
A.
It shall be unlawful to occupy any structure or lot for which a building
or use permit is required herein without the owner applying for and
receiving from the Building Inspector a certificate of occupancy.
B.
The certificate of occupancy shall state that the building and use
comply with the provisions of the bylaw and of the State Building
Code, as it is applicable in Avon, in effect at the time of issuance.
No such certificate shall be issued unless the building and its use
and its accessory uses and the uses of all premises are in conformance
with the provisions of this bylaw and the Building Code at the time
of issuance. A certificate of occupancy shall be conditional on prior
approval of the Board of Health where applicable, on the adequacy
of parking space and other facilities as required by this bylaw, and
shall lapse if such areas and facilities are used for other purposes.
C.
A certificate of occupancy shall be required for any of the following
in conformity with the Building Code and this bylaw:
D.
The certificate of occupancy shall be applied for coincidentally
with the application for a building permit and shall be issued within
10 days of written notice that the lawful erection or alteration of
the building is complete. Such notice shall be accompanied by an "as
built" plan (the erection or alteration as it was actually constructed).
Failure of the Building Inspector to act within 10 days shall be considered
approval. Such certificates of occupancy shall be posted by the owner
of the property in a conspicuous place for a period of not less than
10 days after issuance. A temporary certificate of occupancy may be
issued where a bond or similar means is used to secure the construction
for a designated period of time.
Fees shall be established by the Building Inspector unless the
Town, by a Town Meeting vote, has established another schedule.
The Building Inspector shall enforce the provisions of this
bylaw, as provided in this section.
A.
If written complaint is made to the Building Inspector, or if he
has reason to believe that any provision of this bylaw is being or
is about to be violated, he shall make or cause an investigation to
be made of the facts. Where complaint is made to the Building Inspector,
he shall take action upon such complaint within 14 days of receipt
thereof and shall report such action in writing to the complainant.
B.
If the Building Inspector finds no violation or prospective violation,
any person aggrieved by his decision, or any officer or board of the
Town, may, within 30 days appeal, to the Board of Appeals.
C.
If the Building Inspector finds a violation or prospective violation,
he shall give immediate notice in writing to the owner and to the
occupant of the premises and shall order him to cease and desist and
refrain from such violation. Any person aggrieved by his decision,
or any officer or board of the Town, may, within 30 days, appeal to
the Board of Appeals.
D.
If, after such order, such violation continues and no appeal to the
Board of Appeals is taken within 30 days, the Building Inspector shall
forthwith make application to the Superior Court for an injunction
or order restraining the violation and shall take such other action
as is necessary to enforce the provisions of the bylaw.
E.
If, after action by the Building Inspector, appeal is taken to the Board of Appeals, and after a public hearing the Board of Appeals finds that there has been a violation or prospective violation, the Building Inspector shall issue an order to cease and desist and refrain from such violation unless such order has previously been issued under Subsection C.
F.
If such violation then continues, the Building Inspector shall forthwith
make application to Superior Court for an injunction or order restraining
the violation and shall take such other action as may be necessary
to enforce this bylaw.
Penalties for violations of any provision of this bylaw may,
upon conviction, be affixed in an amount not to exceed $300 for each
offense. Each day or portion of a day that any violation is continued
shall constitute a separate offense.
[1]
Editor's Note: Attorney General approval pending.
A.
Composition; term of office. The Board of Appeals shall consist of
five members. The term of office of each member shall be for five
years, so arranged that the term of office of one member shall expire
each year.
B.
Associate members. In addition to the regular members, there shall
be two associate members of the Board of Appeals. The term of office
of an associate member shall be for two years, so arranged that the
term of office of one associate shall expire each year.
C.
Appointment. Members, and associate members, of the Board of Appeals
shall be appointed by the Select Board. The five regular members shall
include a member from the Planning Board, a member from the Board
of Health, and a member of the Fire Department. Any vacancy in the
office of a member or associate member shall be filled by the Select
Board for the balance of the unexpired term, if any.
[Amended 1-28-2023 STM by Art. 9]
D.
Removal. Any member or associate member of the Board of Appeals may
be removed by the Select Board, upon written charges and after a public
hearing.
[Amended 1-28-2023 STM by Art. 9]
E.
Organization. The Board of Appeals shall annually elect a Chair from
its own number and a Clerk. Subject to appropriation, the Board of
Appeals may employ experts, clerical, and other assistants.
[Amended 1-28-2023 STM by Art. 9]
F.
Power and duties.
(1)
The Board of Appeals shall have the following powers and duties:
(2)
In exercising the powers granted to it by this bylaw, and under
the provisions of MGL c. 40A, the Board of Appeals may make orders
or decisions, reverse or affirm, in whole or in part, or modify any
order or decision, and to that end shall have all the powers of the
officer from whom the appeal is taken and may issue or direct the
issuance of a permit.
G.
Rules. The Board of Appeals shall adopt rules, not inconsistent with
the provisions of this bylaw, for the conduct of its business and
for the purposes of MGL c. 40A. An up-to-date copy of such rules shall
be kept on file in the office of the Town Clerk.
H.
Voting. The concurring votes of four members of the Board of Appeals
shall be necessary to reverse any order or decision of any administrative
official or to effect any variance in the application of this bylaw.
I.
Substitution of associate members. In case of the absence, inability
to act, or conflict of interest on the part of any regular member
of the Board of Appeals, the Chair or, if such absence, inability
or conflict is in the Chair, then the Clerk of the Board of Appeals,
may designate an associate member to sit on the Board of Appeals until
such absence, inability, or conflict is removed, or the vacancy filled.
[Amended 1-28-2023 STM by Art. 9]
The Board of Appeals may grant a variance from the terms of
the applicable provisions of this bylaw, but only in conformity with
the provisions of this section.
A.
Notice. Notice of the filing of a petition for a variance from the
applicable provisions of this bylaw shall be given by publication
and posting as required by MGL c. 40A, § 11, and by mailing
to all parties in interest, as therein defined.
B.
Public hearing. The Board of Appeals shall hold a public hearing
concerning each such petition for a variance from the applicable provisions
of this bylaw as is received by it. The petitioner and any interested
party may present evidence or testimony designed to assist the Board
of Appeals in reaching a decision.
C.
Findings. Based upon evidence produced at the public hearing, the
Board of Appeals must make the following specific findings in order
to grant a variance:
(1)
That there exist special circumstances relating to soil conditions,
shape, or topography of the specific land or structures;
(2)
That said circumstances do not generally affect the zoning district
in which the land or structure is situated;
(3)
That a literal enforcement of the provisions of this bylaw would
involve substantial hardship, financial, or otherwise, to the petitioner
(or appellant);
(4)
That desirable relief might be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent or purposes generally of this bylaw.
D.
Use variance. The Board of Appeals may not grant a variance to authorize
a use or an activity not otherwise permitted in the district in which
the land or the structure is located.
E.
Conditions. In granting a variance under this section, the Board
of Appeals may impose conditions and safeguards, both of time and
use, including the continued existence of any particular structures.
F.
Lapse. If the rights granted by a variance under this section are
not exercised within one year of the date of grant of such variance,
they shall lapse. A variance which has lapsed may be reestablished
only after notice and a new hearing, as provided above.
A.
Appointment. The Board of Appeals may appoint a Zoning Administrator,
to serve at its pleasure. The appointment shall be subject to confirmation
by the Select Board.
[Amended 1-28-2023 STM by Art. 9]
B.
Qualifications. The Select Board may establish qualifications for
the office of Zoning Administrator by the concurring vote of at least
four of its members.
[Amended 1-28-2023 STM by Art. 9]
C.
Powers and duties. The Board of Appeals may delegate some of its
powers and duties to the Zoning Administrator by the concurring vote
of at least four of its members.
D.
Time limitation. Any appeal, application, or petition filed with
the Zoning Administrator shall be deemed denied if no decision has
been issued within 35 days from the date the appeal, application,
or petition was filed. A denial based on such inaction shall be subject
to an appeal to the Board of Appeals, in accordance with the provisions
of MGL c. 40A, § 8 and § 15.
E.
Appeal of decisions. Any person aggrieved by a decision or order
of the Zoning Administrator may, within 30 days following the date
the decision is filed in the office of the Town Clerk, appeal the
decision or order to the Board of Appeals in accordance with the provisions
of MGL c. 40A, § 13 and § 14.
Any person aggrieved by a decision of the Board of Appeals,
or any special permit granting authority, whether or not previously
a party to the proceeding, or any municipal officer or board may appeal
to the Superior Court, or to the Land Court under MGL c. 240, § 14A,
for Norfolk County, by bringing an action within 20 days after the
decision has been filed in the office of the Town Clerk. The procedures
for such appeal are to be found in MGL c. 40A, § 17.
