A. 
The basic procedures as summarized hereafter are those as outlined in the various aspects of Town Law, specifically but not limited to Town Law §§ 261-b, 271, 274-a, 274-b, 276, 277, 278, 279, 280, 281, and 283-a. The applicant or designated representatives should be aware of the approval process as outlined in the various sections of the Town Law or as modified herein.
B. 
Town approval of any subdivision or site plan shall be evidenced by a final plat containing all the required signatures, filed in the Livingston County Clerk's office. This approval shall be prerequisite to the issuance of any building permit or certificate of occupancy for the use of any land. Such approval shall hereafter be initiated and processed in accordance with the following basic procedure (Building Zoning Department Action Charts, Appendix FF[1]).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
The Town of Avon has a two-step approval process which includes preliminary and final approvals. All plans submitted to the Town Building and Zoning Department shall be clearly marked for the requested action by the Planning Board, and failure to submit a complete package of information will be cause for rejection by the Planning Board.
D. 
The developer may, prior to the formal approval process, file a sketch plan with the Planning Board Clerk which shall be discussed by the Planning Board with the developer at the next available meeting for purposes of classification, initial discussion concerning the layout, availability of utilities, services and responsibilities. No formal action will be taken by the Board for a concept discussion and this process is not required by the Town.
E. 
An application for all plan approvals shall be submitted to the Town of Avon Building and Zoning Department, Planning Board Clerk. With this application the appropriate checklist noted in Article V shall be completed and submitted. Items on the checklist that are not germane to the application should be qualified.
F. 
Concurrent with the preliminary phase of the approval process, the applicant must comply with the requirements of the New York State Environmental Quality Review Act (SEQR). A SEQR flow chart has been provided within to assist the applicants in the approval process. (See SEQR Flow Chart, Appendix EE.[2])
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
G. 
All subdivisions and site plans will require preliminary overall approval from the Planning Board prior to the granting of final approval for individual phases, if any, for the project. Once an application has received preliminary approval, the applicant may make application for final approval through a complete submittal to the Planning Board Clerk.
A. 
Conceptual reviews with the Planning Board affords the applicant an opportunity to prescribe ideas regarding a specific project, gauge the Planning Board's initial reaction, and learn more about what (if any) concerns they may have or special features they may like to see.
B. 
Article III, § 113-4 of the Town Code will provide the procedures for establishing a concept review with the Planning Board. Any procedural questions shall be directed to the Building and Zoning Department.
A. 
The developer shall prepare and submit a complete application, including the proposed preliminary plan containing information as outlined in these regulations, Preliminary Subdivision Plat Checklist (Appendix GG[1]), and in accordance with the Town Code Chapter 113, to the Building and Zoning Department Planning Board Clerk for distribution.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The Planning Board Clerk shall distribute them to the Planning Board members, Town department heads and consultants, agencies having jurisdiction, and, if necessary, to the Livingston County Planning Agency pursuant to § 239-n of the General Municipal Law.
C. 
The application shall be scheduled and advertised for a public hearing within 62 calendar days after receipt of the complete application by the Planning Board Clerk. A notice of the public hearing shall be published at least five calendar days prior to the meeting in a newspaper of general circulation in the Town. At the hearing, all interested parties shall be given the opportunity to be heard. If verbatim minutes of the public hearing are requested by the developer or an aggrieved property owner, the cost of such minutes shall be borne by the requester.
D. 
The Planning Board shall receive comments, questions and recommendations, on the proposed preliminary plan and shall discuss such with the developer.
E. 
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQR) under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617 before proceeding to preliminary motions of approval. Within 62 calendar days of the close of the public hearing, unless such time limit is extended by mutual consent of the developer and the Board, the Planning Board may either approve, conditionally approve with or without modifications or disapprove the preliminary plan. In the event of disapproval, the grounds of such disapproval shall be specified in the resolution. The Planning Board may waive, when reasonable, any requirements or improvements for the approval, approval with modifications or disapproval of subdivisions submitted for its approval. Any such waiver, which shall be subject to appropriate conditions, may be exercised in the event any such requirements or improvements are found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
A. 
The applicant shall submit a complete application containing information as outlined in these regulations, Final Subdivision Plat Checklist (Appendix HH[1]), and in accordance with Chapter 113 of the Town Code. The application shall be provided to the Building and Zoning Department Planning Board Clerk for final approval following preliminary approval. The procedure for final approval is parallel to the process for preliminary approval as outlined in § 99-12, except the Planning Board may waive the Public Hearing at their discretion.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
The Planning Board may, in acting on a final plat, make their approval subject to specific conditions set forth by the approval resolution, and the plat may not be filed with the Livingston County Clerk, but must await the signature of the Planning Board Chairman which shall be affixed only after the foregoing conditions have been met to the Board's satisfaction. The developer shall have 180 calendar days to meet the conditions, extendable by the Board up to two additional ninety-calendar-day periods if in the Board's opinion particular circumstances warrant such extension.
A. 
The applicant shall submit a complete application to the Building and Zoning Department Planning Board Clerk for site plan approval and shall include drawings, maps or other relevant documents that present the necessary information, in compliance with Article V, Plan Requirements, detailed in these regulations and the associated site plan checklist. (Maps and drawings submitted as a part of site plan approval applications shall be prepared by a New York State licensed engineer, architect, landscape architect or surveyor with exemption and shall be certified by the seal or signature of such engineer, architect or surveyor.)
B. 
All site plans will require Planning Board approval and they must be prepared in accordance with these regulations, except that items relating to boundary data may be omitted if the parcel designation has previously been filed with the Livingston County Clerk's Office. Modification of previously approved site plans may be reviewed and approved administratively at the discretion of the Planning Board Chairman, Code Enforcement Officer, and Town Engineer.
C. 
Within 60 days of the receipt of an application for site plan approval, the Town Planning Board shall act on it. If no decision to deny such an application is made within said sixty-day period and upon completion of all other requirements by the applicant, the site plan shall be considered approved. The sixty-day time limit for action on the site plan may be extended by mutual consent or agreement of the Town Planning Board and the applicant. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the site plan is approved, disapproved or approved with conditions. The Planning Board shall incorporate a statement of findings into the decision and must clearly state the reasons for the action being taken.
D. 
No modification of existing stream channels, filling of lands with a moderate-to-high susceptibility to flooding, grading or removal of vegetation in areas with a moderate-to-high susceptibility to erosion or excavation for construction of site improvements shall begin until the developer has received site plan approval. Failure to comply shall be construed as a violation, and, where necessary, site plan approval may require the modification, restoration or removal of unapproved site changes.
E. 
Site plan approval cannot be granted for any project until all necessary variances from the Town Zoning Board of Appeals have been granted, approvals required by the Town Board have been granted, and any required review or referral has been received from the Livingston County Planning Department in accordance with the provisions of § 239-m of the General Municipal Law.
F. 
Upon approval of the site plan, the Town Planning Board shall ensure that, to the maximum extent possible, the minimum requirements of the Town of Avon Town Code and applicable sections of these regulations have been met. The Town Planning Board may impose additional restrictions or conditions on applications for site plan approval if it determines that such restrictions or conditions are necessary to ensure project conformance with generally accepted planning, engineering and design standards and criteria, to minimize the project's adverse impact on adjacent land uses, transportation network or other physical or environmental features or are directly related to the health, safety or general welfare of the community. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Code Enforcement Officer, who shall then issue a zoning permit to the applicant if the project conforms to all other applicable requirements.
G. 
Upon disapproving an application, the Planning Board shall inform the Code Enforcement Officer, and he shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant, in writing, of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
H. 
Expiration of site plan approval. Such site plan approval will automatically terminate two years after the same is granted unless significant work has been commenced on the project.
The subdivider shall tender offers of cession in a form certified as satisfactory by the Attorney for the Town of all land included in streets, highways or parks not specifically reserved by him. Approval of a plan by the Planning Board shall not constitute an acceptance by the Town Board of the dedication of any street, highway, utility, park or other public open space.
Upon the request of the Town Board and/or the Planning Board, an irrevocable letter of credit or performance surety so as to assure the proper and timely completion of the required improvements and protection of the site and neighboring properties is to be provided. The developer shall submit an irrevocable letter of credit or performance surety once final approval has been granted and all the required signatures are placed on the plans, and prior to the issuance of zoning permits. The irrevocable letter of credit and performance surety is a financial security in a form acceptable to the Town and shall be submitted to cover the cost associated with all proposed improvements shown on the plans, such as utility and drainage improvements, construction observation, erosion control, grading, site stabilization, stormwater management, green infrastructure and all other areas the Town deems necessary. The final amount of security will be reviewed and approved by the Town Engineer.
A. 
A letter of credit/performance bond furnished for the installation of the required improvements shall be in the amount reviewed by the Town Engineer and approved by the Attorney and shall be satisfactory to the Town Board as to form, sufficiency and manner of execution. The letter of credit/performance bond shall be issued in favor of the Town of Avon and shall assure the complete installation of the required improvements within such period, not longer than three years. The letter of credit/performance bond shall be issued to the Town for an initial minimum period of one year. Extensions of the letter of credit/performance bond shall be provided to the Town in the event that the construction of the project exceeds the time frame noted in the letter of credit/performance bond.
B. 
The following guarantees will be required for the development in the Town.
(1) 
Letter of credit/performance bond.
(a) 
An irrevocable letter of credit/performance bond shall be submitted by the developer to ensure the installation of improvements in an amount estimated by the developer's engineer, reviewed by the Town Engineer, and approved by the Town Board.
(b) 
The amount shall include but not be limited to the following items:
[1] 
Total estimated construction cost of all utilities, laterals, water and sewer services, roads, gutters, earthwork, erosion and sediment control, etc.
[2] 
Minimum contingency factor of 10%.
[3] 
Engineering and construction observation charges will be a minimum of 5% based on the project complexity and construction schedule.
[4] 
Street signs and surveyor's monuments.
[5] 
Maps.
[6] 
Record drawings of installed facilities.
(2) 
Maintenance bond.
(a) 
Upon completion of the construction and as a condition of dedication to the Town, a maintenance bond shall be provided by the developer, reviewed by the Town Engineer and accepted by the Town Board guaranteeing the project against faulty workmanship or materials for a period of two years following the acceptance date by the Town. Maintenance bonds shall be written by a surety licensed to do business in New York State and shall be in the amount of 10% of the final construction cost of each dedicated improvement. Bonds shall be approved as to form and content by the Attorney for the Town prior to any dedication procedure. Individual portions of the project, e.g., sanitary system, water system, may be bonded with their individual acceptances by the Attorney for the Town.
(b) 
A maintenance bond for the pavement, gutters and drains, and/or sidewalks will not be accepted until the entire project is ready for dedication.
(c) 
A maintenance bond for final road top pavement will be for two years from the time of topping and acceptance.
A. 
The approval by the Planning Board of a plat showing lots, blocks or sites, with or without streets or highways, or the approval by the Board of the development of a plat or plats already on file in the office of the Livingston County Clerk or the certificate of the Avon Town Clerk as to date of submission for which no hearing was duly held, or the date of the hearing for the approval or disapproval of such plat, as the case may be, and the failure of the Planning Board to take action thereon within the time prescribed, shall expire 62 calendar days from the date of the signing of the plan by the Planning Board or of such certificate, unless within such sixty-two-calendar-day period such plat or a section thereof shall have been duly filed or recorded by the owner in the office of the Livingston County Clerk.
B. 
If the owner shall file only a section of an approved plat, within such sixty-two-calendar-day period, such section shall encompass at least 10% of the total number of lots contained in the approved plat and the approval of the remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of the Town Law. In the event the owner shall file only a section of such approved plat in the office of the Livingston County Clerk, the entire approved plat shall be filed within 30 calendar days of the filing of such section with the Avon Town Clerk.
Between the interval of preliminary and final approvals of the subdivision plat, the developer shall petition the Town Board for the creation of the districts or extensions as necessary for a given development. They may include:
A. 
Districts or extensions could be necessary for sanitary sewers, water mains, stormwater disposal, sidewalks, lighting, or any particular creation for a specific development.
B. 
In order to preserve the continuity and format of the application of the districts to the various governing authorities, the Attorney for the Town and Town Engineer shall review the necessary documents and maps and the Town Clerk will be responsible for publication and filing requirements. All costs for the formation of these districts shall be paid for by the developer to the Town within 30 calendar days of its receipt of a bill therefor.
C. 
Required improvement districts must be extended or created by the Town Board before the signature of the official of the Planning Board may be affixed to the approved subdivision plan.
A. 
If easements are required on a project, the Town has established a procedure to facilitate the process and has a detailed handout for applicants to follow.
B. 
In summary, all proposed easements must be submitted to the Town's Building and Zoning Department with map, description, easement form, transfer gains affidavit and filing fees. The Town will assign a control number and the complete package will be submitted to the Attorney for the Town for review.
C. 
Once approved, the easement will be filed in the Livingston County Clerk's office by the Attorney for the Town and proof of such filed with the Town Clerk.
D. 
Proof of easement filing with the Livingston County Clerk's office must be provided to the Town Clerk prior to final Planning Board signature of any site plan or subdivision plat.
Before any construction begins on a subdivision or facilities to be dedicated to the Town, a preconstruction meeting must be held to address the plans and intended improvements. The preconstruction meeting must be coordinated by the applicant and it is the applicant's responsibility to ensure that all necessary parties are in attendance, e.g., all approving agencies and utility companies. Furthermore, it is imperative that a written construction schedule be supplied at the preconstruction meeting. The installation of improvements and development of any land shall be subject to construction observation at all stages by representatives of the Town. For such purposes, free access shall be accorded and requested information shall be promptly submitted. All costs of construction observation, including testing of materials, shall be paid for solely by the developer. A sufficient sum shall be provided by the developer in either the letter of credit or cash for the project observation costs. Note: The preconstruction meeting may be held prior to obtaining all agency approvals; however, no construction will be permitted until such time that all required approvals are obtained.
A. 
Letters of credit.
(1) 
The procedure required for the release of funds is as follows:
(a) 
Submission of periodic construction estimates by the contractor to the developer and the design engineer.
(b) 
The site shall be reviewed by the Town's and developer's agents to review the comparison of the work complete to the monetary value of the requested release of funds.
(c) 
The developer's engineer, developer, and Town Engineer shall approve in writing up to 90% of the total amount of an item. (See Appendix A for Letter of Credit Release Form.[1])
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d) 
The Town Engineer shall then submit the proposed letter of credit release to the Town Building and Development Office and Town Clerk to be placed on the next available Town Board agenda for approval. Once authorized by the Town Board, the Town Fiscal Officer shall sign the Letter of Credit Release Form for the final authorization of release of funds from the letter of credit. Approval by the Town officials for authorized periodic payments is not to be construed as acceptance of the work completed to date.
(e) 
Partial release from the letter of credit may be granted by the Town Board as individual components of the subdivision development are completed. This shall not be construed as final acceptance of the work by the Town.
(2) 
If the required improvements are not completely installed within the period fixed or extended, the Town Board may declare the letter of credit in default and collect the amount payable thereunder. Upon receipt of such amount, the Town shall cause to install such improvements as were covered by the letter of credit and as commensurate with the extent of building development that has taken place in the subdivision, not exceeding in cost, however, the amount collected upon the letter of credit.
B. 
Release of retainage. Retainage release shall be considered by the Town Board only after a final inspection has been completed, systems have been tested and found acceptable by the Town's representatives, dedication process completed, and a two-year maintenance bond in the amount of 10% of the construction costs for those items dedicated to the Town has been accepted by the Town Board.
C. 
Release of maintenance bond. Release of maintenance bond shall be authorized by the Town Board upon final review of the project site by Town authorities and written recommendation is received. This review will be completed at least one month before the expiration of the bond.
The regulations contained in these specifications for the design and construction of land development shall apply to all public works improvements within the Town of Avon. The Planning Board, with due cause and justification, can waive requirements set forth in these regulations by a majority vote of the Board. Reasons supporting such waiver shall be duly recorded in meeting minutes at such time any waivers are granted.
A. 
A zoning permit is generally required to initiate a zoning application and review. Permits are required to establish a use for a property, or to make improvements to it, and may be made by an owner or an individual with a contractual interest in the property, such as a lessee, contractor, or agent.
B. 
When a zoning permit application is submitted to the Code Enforcement Officer, a zoning review will be initiated, and an approval or denial will be issued. It is strongly encouraged to schedule a pre-application meeting with the Building and Zoning Department, in order to walk through the permitting and approval process.
C. 
Zoning and land use regulations determine the types of uses and development allowed in each zoning district, as well as many detailed aspects of a development, such as accessory uses, parking standards, landscaping/buffering, and dimensional regulations.
D. 
The Code Enforcement Officer will also specify if the proposal will require certain approval processes, such as area or use variances, special use permits, special permits, site plan approvals and subdivisions.
A. 
A special use permit allows a landowner to obtain a tract of land for a use that does not fall directly under the permitted usage for that specifically zoned area. Each zoning district under Article III, Zoning District Regulations, of the Zoning Ordinance[1] has specific permitted principal uses or uses that are permitted by right and provides uses that are allowed with the issuance of a special use permit.
[1]
Editor’s Note: See Ch. 130, Zoning.
B. 
Article VI, § 130-35, of the Town Code has specific standards for uses not otherwise permitted in Chapter 130 of the Town Code. Article IX, § 130-45B, of the Town Code outlines the appropriate steps for obtaining a special use permit. Please keep in mind that a special use permit shall be a prerequisite to the issuance of a building permit.
C. 
All applications for special use permits, shall be submitted to the Building and Zoning Department, where the Code Enforcement Officer will review for completeness.