A.
The developer of a parcel of land shall make improvements to the
parcel in accordance with the approved plans or the minimum standards
required in these regulations as applicable to a specific project.
B.
Where certain standards of development are not set forth they shall
be established by the Planning Board, following their review of the
particular situation.
C.
In many cases, alternate improvement standards may be permitted if
the Planning Board deems them equal in performance characteristics
for the proposed use intended, with the approval of the Town Board
as a deviation from an adopted regulation. Additional or higher design
standards of improvements may be required in specific cases where
the Planning Board believes it necessary to create conditions essential
to the health, safety, morale and general welfare of the citizens
of the Town.
A.
The Town of Avon has established basic guidelines for the classification of roads to be constructed in the Town. The guidelines are listed in these regulations under Article VII.
B.
All streets or roads developed in the Town shall be constructed to
at least the minimum standards as set forth in the specifications
or as shown on plans approved by the Town for a given project.
C.
Pavement construction.
(1)
Due to the general soil conditions within the Town and normal construction
sequences for development, it is deemed to be in the best interests
of the Town that following procedures be followed:
(a)
Binder material shall not be placed prior to the completion
and approval of all underground utilities, including the private utility
services and a review of the road base by the Town.
(b)
The weather and seasonal limitations as specified under the
Standard Specifications of New York State Department of Transportation
shall apply for placing of bituminous mixtures.
(3)
No certificates of occupancy will be issued unless a proper road
surface as herein specified has been constructed and accepted by the
Superintendent of Highways.
(4)
Upon completion of the binder pavement and all other items related
to the completion of a project, the Town may elect to accept for dedication
the completed facilities if 1) an acceptable two-year maintenance
bond is submitted to the Town; and 2) the developer presents a sum
of money to complete the top pavement course. The amount of money
to be transferred to the Town will be established by the Superintendent
of Highways. This sum shall be sufficient to cover the cost of labor
and materials to cause the proper installation of the top course.
(a)
It is the intent of this option by the Town to allow the developer
to offer the project for dedication before the final pavement is installed.
This option will allow the developer to substantially complete the
related construction in the developed area prior to installing the
top course. In this manner the area will receive a new pavement top
that is less susceptible to marring or patching as a result of normal
construction activity.
(b)
In general, the final top course must be installed by the developer
within one year of the placement of binder course, unless a specific
waiver of this time period is obtained (in writing) from the Superintendent
of Highways.
(c)
Before the expiration of the maintenance bond and before the
final top is applied, the Town and the developer will hold a final
site review to assess any damages or repairs that may be necessary
by the developer under the maintenance agreement. Once top course
has been installed and a two-year maintenance bond posted, final acceptance
of all roadway improvements shall be approved by the Superintendent
of Highways.
D.
Driveway culverts.
(1)
The installation of driveway culverts requires the approval and a
permit for culvert location, size and material from the state, county
or Town Highway Department having jurisdiction over a given road.
New driveway culvert installation shall be the responsibility of the
developer/land owner following the receipt of a permit. All culverts
must be a minimum of 12 inches in diameter, a minimum of 20 feet in
length and include end sections. All driveway culverts shall have
a minimum cover of one foot.
(2)
The Town reserves the right to install, remove and/or replace driveway
or roadway culverts along any existing road to properly transmit surface
drainage as determined by the Town Engineer and the Superintendent
of Highways. In the event of a culvert replacement, the Town will
restore the driveway surface with asphalt, unless otherwise agreed
to with the homeowner.
The Planning Board may require the applicant to install sidewalks
on one or both sides of the street or provide a ten-foot-wide sidewalk
easement to allow for future installation.
A.
In general, all development projects shall be required to provide
for the adequate conveyance of storm drainage through the development.
The natural drainage patterns are to be followed as much as possible.
Drainage systems shall be sized to accommodate the future potential
runoff based on the probable land use and the ultimate developments
of the upland watershed area.
B.
Unless otherwise dictated or approved by the Town, the developer
shall be responsible to ensure the post-development stormwater discharge
peak flow rates from the developed area are equal to or less than
existing stormwater discharge peak flow rates from proposed area of
development. The Town reserves the right to require a developer to
implement drainage improvements such that post development stormwater,
runoff quantities and peak flow rates from the site are less than
those under existing conditions.
C.
Many stormwater discharges from construction activities with the
Town will require authorization under the New York State Pollution
Discharge Elimination System (SPDES) permitting program. All development
within the Town must satisfy both local and state regulations. Where
requirements imposed by the SPDES General Permit are more restrictive
than corresponding requirements in these regulations, the provisions
which are more restrictive shall govern.
D.
In addition to drainage improvements within proposed development,
the developer shall also be responsible for costs of any downstream
and/or off-site improvements determined by the Town to be necessary
to effectively and adequately accommodate post-development stormwater,
runoff quantities and peak flow rates from the proposed development.
Stormwater management facilities shall be designed in accordance with
and sized in conformance with the latest edition of the "New York
State Stormwater Management Design Manual."
E.
The "New York State Stormwater Management Design Manual" describes
acceptable stormwater management practices (SMPs) to meet water quantity
and water quality treatment goals. The Planning Board shall, upon
a recommendation from the Town Engineer, approve the SMP(s) implemented
in a particular development. Where conditions warrant, the Planning
Board may require specific or additional SMP(s) to be implemented.
F.
The following points should be considered in the design of storm
drainage facilities.
(1)
Lots shall be laid out and graded to provide positive drainage away
from buildings.
(3)
Discharge of sump pumps or roof leaders shall be directed to the
storm sewer network and not to roadside gutters or channels.
(4)
In the design of storm sewer systems, special consideration shall
be given to avoidance of problems which may arise from concentration
of stormwater runoff over adjacent properties. Surface swales or channels
serving multiple lots shall have a catch basin or field inlet to serve
every third lot.
(5)
The Town requires the completed construction and the design engineer's
certification of all surface drainage improvements and erosion control
measures on a development before any building permits are issued.
A.
Where the public sanitary sewer system, in the opinion of the Planning
Board, is reasonably accessible, sanitary sewers and appurtenances
shall be designed to adequately serve all units with connections to
the public system. The design and installation of said sewers shall
be subject to the approval of the Planning Board and other appropriate
agencies.
B.
Where lots cannot be served by the extension of an existing public
sanitary sewer, the developer shall obtain the approval of individual
subsurface disposal systems by the appropriate agencies.
C.
Once the individual disposal systems are installed, they shall be
inspected by a licensed professional and certified to the Town Building
and Zoning Department as to the installation relative to the approved
plans. The Town assumes no liability for the performance of individual
disposal systems.
D.
In areas not presently served by public sanitary sewers, the Planning
Board may require, in addition to installation of temporary individual
on-site sewage disposal facilities, the installation and capping of
sanitary sewer mains and house connections if studies of the Board
indicate that extension of public sanitary sewer trunks or laterals
to service the property subdivided appears probable or necessary to
protect the public health.
The developer shall provide and dedicate to the Town a complete
municipal water distribution system. The design and installation of
said system shall be subject to the approval of the Planning Board
and jurisdictional agencies. Excess size of the facility may be considered
by the Town at the time of plan submission for future development
consideration or to improve hydraulics within the system, the Town
would then consider financial contribution for the upsizing of such
facility.
Adequate site landscaping shall be required of the developer
on any lands developed in the Town. A landscape plan will designate
type, number, location and height of all plant species with appropriate
planting procedures. Should there be seasonal limitations on planting,
the amount of the landscaping will be held within the letter of credit.
A.
Visual impacts shall be considered for planting on sight distances.
B.
The trees are to be a minimum of 15 feet from the edge of any right-of-way
and/or easement.
C.
There shall be no underground utilities within 15 feet of any proposed
tree.
D.
The trees shall be a minimum of two inches caliper and of a variety
that will be medium to small in stature, do not generally have a wide-spreading
root system and do not generally have a large-spreading trunk base.
Permanent reference monuments shall be set at final grade at
all corners and angle points of the boundaries of any subdivision
plan and at all street intersections and such intermediate points
as may be required per Appendix H.[1] These markers shall be set by a licensed land surveyor
and certified to the Town as true and accurate before a certificate
of occupancy is issued.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
Permanent street signs (on either dedicated Town roads or private
roads), of the same specifications as those of the Town Highway Department,
shall be erected at each intersection by the Highway Department and
paid for by the developer.
B.
Private drives shall have names different from the dedicated road
they have access from.
A.
The Planning Board may require adequate street, sidewalk or site
lighting to be installed. Such a system shall be coordinated with
the electrical utility corporation and designed to keep light from
illuminating areas outside of the developed site. Such design shall
utilize cutoff "shoe box" fixtures with luminaries appropriate for
the use of the given area or site. Within a residential development,
the Board may consider a low-wattage decorative fixture such as a
colonial-style lamp.
B.
Intersection street lights will be required at the developer's expense
with all new subdivision entrance roads at the main road or thoroughfare.
In every development, provisions shall be made for service from
the private utility supply systems. All utilities serving a subdivision
including street lighting systems, shall be underground, rather than
on poles, standards or towers. Underground conduit and cables shall
be installed per the regulations of the Public Service Commission
and a minimum of two feet below any drainageway.
General site conditions, including pedestrian and vehicular
access and circulation, provision and location for handicapped access;
location, arrangement, size, architectural features and design of
buildings, including to-scale color renderings of all nonresidential
facilities; lighting; signage and the protection of adjacent properties
and general public against noise, glare and unsightliness, or other
objectionable features will also be considered by the Board.
All parking areas, passageways and driveways, except when provided
in connection with one- and two-family residential uses, shall be
surfaced with a dustless, durable, all-weather pavement such as asphalt
or Portland cement. Parking areas shall be so graded and drained as
to dispose of all surface water accumulation. The Planning Board may
alter this requirement at the time of site plan approval when surface
water drainage or other special requirements exist. Appropriate screening
and landscaping, including landscaped islands as deemed appropriate
by the Planning Board, will also be required. All nonresidential facilities
shall provide the required number of handicapped parking spaces and
layout in compliance with the New York State Building Code and the
outlines set forth by the American with Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A.
In applying the requirements for adequate off-street parking, required by the provisions of Article VII, § 130-36, of the Avon Town Code, the following guideline standards shall be taken into consideration, as appropriate:
(2)
Commercial uses.
(a)
Automobile or machine sales and service: one space for each
300 square feet of floor area.
(b)
Banks, businesses and professional offices: one space for each
200 square feet of floor area.
(c)
Dance halls and assembly halls (without fixed seats; exhibition
halls, except church assembly rooms in conjunction with auditorium):
one space for each 100 square feet of floor area used for assembly
or dancing.
(d)
Funeral homes or mortuaries: one space for each four seats in
the auditorium.
(e)
Medical and dental clinics or offices: one space for each 200
square feet of floor area.
(f)
Motels and hotels: one space for each living or sleeping unit.
(g)
Restaurants, cafes and nightclubs: one space for each 200 square
feet of floor area.
(h)
Retail stores, shops, etc.: one space for each 200 square feet
of floor area.
(3)
Recreation and entertainment uses.
(a)
Auditorium: one space for each seat.
(b)
Bowling alleys: five spaces for each alley, plus the necessary space as set forth in § 130-36 of the Avon Town Code for affiliated uses such as bars, restaurants or other commercial uses.
(c)
Theaters, assembly halls, other than schools: one space for
each five seats.
(4)
Community service uses.
(a)
Churches: one space for each five seats in places of worship.
(b)
Hospitals: one space for each three beds.
(c)
Libraries, museums or galleries: one space for each 600 square
feet of floor area.
(d)
Sanitariums, convalescent homes, homes for the aged, children's
homes: one space for each three beds.
B.
Whenever there is a change in use or an increase in floor area or
other unit of measurement and such change and such increase creates
a need for an increase of more than 10% in the number of required
off-street parking spaces, as determined by the requirements in this
section, additional off-street parking spaces shall be provided in
accordance with this section for that addition or change in use.
C.
The size of off-street parking spaces shall be 10 feet wide by 20 feet long for all side parking or eight feet wide by 23 feet long for all parallel parking. Additional off-street parking requirements and loading space requirements are set forth in § 130-36 of the Avon Town Code.
D.
In the case of a use not specifically mentioned above, the requirements
for off-street parking facilities to which said use is similar shall
be set forth by the Code Enforcement Officer.
At least 30% of the lot area to be developed shall remain open
and unused. This open area may include areas for landscaping, stormwater
retention or detention, in-ground septic systems, underground utilities,
screening and fencing. The open area shall not be paved or used for
parking, storage, buildings or accessory buildings nor shall it include
wetlands, steep slopes or other environmentally sensitive areas.
The Planning Board, at its discretion, can modify the required
front setback to the average of the neighboring adjacent properties
in a residential district.
