Town of Avon, NY Article IX Administration

§ 130-42 Enforcement.

[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.

§ 130-43 Duties of Code Enforcement Officer.

[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.

§ 130-44 Certificate and permits.

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]

§ 130-45 Application procedures.

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.

[25] Part 1 of an Environmental Assessment Form (EAF) in accordance with the State Environmental Quality Review regulations (SEQR).

(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.

§ 130-46 Application details.

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]

§ 130-47 Application fees.

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.