These rules and regulations shall be known and may be cited as the "Town of Avon Site Design Criteria and Land Development Regulations," as adopted by the Town of Avon Town Board on February 23, 2017 (Local Law 1-2017).
In accordance with New York Town Law, Article 16, § 271, the Planning Board of the Town of Avon is created by the Town Board. The Planning Board of Avon is empowered by provisions of New York Town Law, Article 16, and by the Town Board to grant final approval of any subdivision plat or site plan of lands with or without streets or highways within the corporate limits of the Town of Avon. Such approval, in accordance with the procedures and regulations set forth below, is intended to follow applicable sections of New York Town Law.
To carry out the purpose of the Town Law and the Planning Board, these rules and regulations are adopted by the Town Board to provide for the future growth and development of the Town and to afford adequate facilities for the housing, transportation, distribution, comfort, convenience, safety, health and welfare of its population. Consistent with such purposes, these rules and regulations will provide for the orderly development of land use areas, the coordination of existing streets and public utilities with new service, the provisions of open spaces for passive and active recreation and the location of future sites for public buildings and commercial areas, all to the mutual benefit of the Town and its residents.
A. 
Words in the singular include the plural, and words in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership as well as an individual. The word "building" includes "structure" and shall be construed as if followed by the words "or part thereof." The word "street" includes "road," "highway" and "lane"; "watercourse" includes "drain," "ditch" and "stream." The words "shall" or "will" are mandatory; the word "may" is permissive.
B. 
Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated.
ACCESSORY USE
A use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.
AGRICULTURAL DATA STATEMENT
An identification of farm operations within an agricultural district located within 500 feet of the boundary of property upon which an action of approval is pending per Town Law § 283-a.
ALLEY
A public or privately owned service way less than 24 feet in width providing a secondary means of access to abutting properties.
ALTERATONS
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ALTERATONS, STRUCTURAL
Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders.
BASEMENT
A story partly underground and having more than 1/2 of its floor-to-floor height above the average level of the finished grade of the building.
BLOCK
An area bounded by streets.
BUILDER
A person who obtains a building permit for construction of a structure on an approved site.
BUILDING
Any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, and intended for the shelter, housing or enclosure of persons, animals or chattel.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection defined by lines of sight between points at a given distance from the intersection of street right-of-way lines.
CODE ENFORCEMENT OFFICER
An appointed official designated by the Town Board to administer and enforce the provisions of the New York State Uniform Fire Prevention and Building Code (Uniform Code), provisions of the Zoning Ordinance[1] and other rules and regulations set forth of the Town of Avon.
COMPREHENSIVE PLAN
Current Comprehensive Plan as adopted by the Town Board.
CONTRACTOR
A person acting for the developer to construct the required improvements of the project. The contractor is responsible to perform the work in conformance with the approved plans subject to a review by Town officials.
CROSSWALK
A right-of-way, municipally or privately owned, at least 10 feet in width, which traverses an area to furnish access for pedestrians.
DEDICATION
The deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the land has been devoted.
DEVELOPER
A person holding title to a parcel of land to be developed or subdivided. Commitments and/or requirements for development are solely between the Town and the developer.
DOUBLE FRONTAGE LOTS
A lot having at least two sides fronting on separate streets which do not intersect while adjoining the lot.
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 the property.
FINAL SUBDIVISION PLAT
A drawing prepared by a registered professional which complies with prescribed regulations and statutes for recording in the Livingston County Clerk's office.
GRADING PLAN
A plan showing all present and proposed elevations for stormwater drainage and disposal.
HALF OR PARTIAL STREET
A street generally parallel and adjacent to a property line, having a lesser right-of-way than normally required for satisfactory improvement and use of the street.
IMPROVEMENTS
Those physical additions and changes to the land that may be necessary to produce usable and buildable land areas. This may include but is not limited to grading, water supply, sewage disposal, stormwater disposal, lighting, landscaping, etc.
INSPECTOR/OBSERVER
An agent of the Town empowered to observe the construction progress of the project and its compliance with the approved plans.
LETTER OF CREDIT
Financial security required to insure the installation of improvements as shown on the approved plan subject to possible dedication to the Town.
LOT
A parcel of land intended for transfer of ownership or site development that is presently occupied or capable of being occupied by a principal building or use and uses accessory to the principal building or use.
OPEN SPACE or OPEN AREA
Any space or area of undeveloped land characterized by natural scenic beauty, existing openness and natural condition, exclusive of undevelopable lands such as wetlands, steep slopes, or other environmentally sensitive areas. A variety of open space forms is encouraged and may include but is not limited to formal squares and parks, informal natural areas, passive and active recreation areas, treed and open fields, agricultural lands used in agricultural production.
PLAN
A part of any Comprehensive Study prepared for the Town that addresses future land use considerations.
PLANNING BOARD
The word "Board" or the words "Planning Board" or "Town Planning Board" shall mean the "Town of Avon Planning Board." When "Town Board" is meant, it will be stated as "Town Board."
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 VI.
RIGHT-OF-WAY
Land opened for use as a street, crosswalk or utility corridor.
SEQR
State Environmental Quality Review; part of the New York State Environmental Conservation Law applicable to land development per 6 NYCRR Part 617.
SETBACK or BUILDING LINE
The right-angle distance within a property defining the required minimum distances between any structure and the street or the side or rear property lines of a parcel right-of-way.
SIGHT DISTANCE
The distance of visual sight available for access to a dedicated right-of-way from any parcel of land to be developed.
SITE PLAN
A drawing prepared by a registered professional for review by the Planning Board for the development of an existing lot or parcel without any new subdivision of land.
SKETCH PLAN
An informal plan in accordance with these specifications indicating existing features of a parcel of land and its surroundings and the general layout of a proposed land improvement.
SPDES (STATE POLLUTION DISCHARGE ELIMINATION SYSTEM)
Program authorized by the Environmental Conservation Law issuing permits for stormwater discharges from construction activities.
SPDES GENERAL PERMIT
SPDES General Permit for Construction Activities (GP-0-15-002) issued January 29, 2015 (or latest revision), pursuant to Article 17, Titles 7, 8 and Article 70 of the Environmental Conservation Law, authorizing stormwater discharges from construction activities.
STREET
A general term used to describe a right-of-way, municipality or privately owned, serving as a means of vehicular and pedestrian travel, and utility services. The streets are classified by function as follows:
(1) 
COMMERCIAL/INDUSTRIAL ROADA road connecting area centers serving a large volume of local and truck traffic serving areas within the B-BT and I.
(2) 
RESIDENTIAL/SUBDIVISION ROADA new development serving primarily a neighborhood with relatively low volumes of traffic.
(3) 
PRIVATE DRIVEAn area serving a limited number of parcels maintained by legal agreement of the parcel owners and not to be dedicated to the Town.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, 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 public acquisition by purchase of strips of land for the widening or opening of streets shall not be included within this definition nor subject to these regulations. Refer to provisions of Chapter 113, Subdivision of Land.
SUPERINTENDENT OF WATER AND SUPERINTENDENT OF HIGHWAYS
Those Town department heads who are directly in charge of their respective departments and shall assume the operation and maintenance of their respective portions of a development upon dedication to the Town.
SWPPP (STORMWATER POLLUTION PREVENTION PLAN)
A plan prepared by a licensed professional in conformance with the requirements of SPDES General Permit, for the control of erosion, sedimentation, water quality and water quantity of stormwater runoff during and after construction activities.
TOTAL HOLDINGS MAP
A map of the contiguous parcels, including the land to be developed, owned by a person applying for development approval.
TOWN ATTORNEY
A person or firm engaged by the Town to review and prepare necessary documentation as required for districts, easements, letters of credit, dedication, surety or other legal matters.
TOWN BOARD
The Board as elected by the residents of the Town that acts on behalf of the residents of the Town of Avon for the betterment, protection and welfare of the community.
TOWN ENGINEER
A person or firm engaged by the Town to review the project plans and to make recommendations to the Town so the best interests of the Town shall be preserved in conformance with the standards herein established.
ZONING PERMIT
A permit issued by the Code Enforcement Officer stating the purpose for which a building or land is to be used in conformity with the uses permitted and all other requirements under the Town of Avon Zoning Ordinance[2] and Town Code for the zone in which it is located or is to be located.
[1]
Editor's Note: See Ch. 130, Zoning.
[2]
Editor's Note: See Ch. 130, Zoning.
C. 
Testing methods.
(1) 
Throughout these regulations one will find reference to publications of other agencies or testing methods such as:
(a) 
AASHTO — American Association of State Highway and Transportation Officials.
(b) 
ANSI — American National Standards Institute, Inc.
(c) 
ASTM — American Society for Testing and Materials.
(d) 
AWWA — American Water Works Association.
(e) 
NYSDEC — New York State Department of Environmental Conservation.
(f) 
NYSDOH — New York State Department of Health.
(g) 
NYSDOT — New York State Department of Transportation.
(2) 
References for these designations are widely accepted and readily available for the specifics and details that may be required for a design situation.