Building a More Resilient Avon: Land Use and Development Regulations for Resiliency

Collin Hayes

Town of Avon Zoning Map

In this series of posts, I’m exploring proactive approaches to build resiliency in Avon in the face of increasingly frequent severe weather events. Our recent flooding underscored the urgent need to reevaluate how we address development and stormwater management. This work can begin right on our Planning Board, by strengthening our review of new development applications and site plans.

Currently, our Town adheres to NYSDEC guidelines, requiring a Stormwater Pollution Prevention Plan (SWPPP) for most new developments. While this is a rigorous process, it's worth considering whether additional controls or restrictions are needed for development in areas that have experienced repeated flood damage over the past ten years, especially if proposals include expanded impervious surfaces or features that could increase stormwater runoff. The reality is, our community has seen consistent flooding in certain areas, even those outside of the historically defined floodplains.

This leads to a critical point: we must reexamine our existing Flood Damage Prevention Law (adopted in 1987 and last amended in 2005) and, importantly, our Zoning Law (adopted in 1992). Our current Flood Damage Prevention Law primarily regulates development within floodplains and flood hazard areas as defined by the FEMA Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS). The challenge is, Avon's FIRM and FIS went into effect in 1978 and have not been updated since.

While I am not advocating for a request to FEMA for an updated FIRM and FIS – as this would undoubtedly lead to higher home insurance rates for all Town residents at a time when many are already struggling with affordability – we do have the power, through our Town's zoning, to impose more stringent regulations.

It's clear that many areas throughout Avon have been subject to repeated flooding over the past decade, including areas outside of the FEMA-designated floodplains and areas of special flood hazard (which are largely concentrated along the Genesee River in the southern part of the Town).

Through our zoning and site plan review authority, we can implement stricter regulations on development in these repeatedly flooded areas, even if they fall outside of the FEMA-designated zones. A key strategy here is the creation of a flood hazard overlay zone. This would allow us to apply specific, more protective regulations to areas identified as vulnerable, regardless of their current FEMA designation.

Here are some of the planning and zoning controls we can leverage to reduce stormwater runoff and build a more resilient Avon:

1. Limiting Impervious Surfaces: Impervious surfaces like roofs, driveways, and parking lots prevent water from soaking into the ground, drastically increasing runoff. We can:

• Set maximum impervious cover limits to encourage more green space for infiltration.

• Reduce minimum parking requirements or implement maximum parking caps to decrease vast impervious lots which are often underutilized.

• Consider narrower streets to significantly decrease impervious areas within the public right-of-way.

• Require or incentivize pervious pavement (porous asphalt, pervious concrete, permeable pavers) for driveways, parking lots, and sidewalks, allowing water to infiltrate.

2. Promoting Green Infrastructure and Low Impact Development (LID): Green infrastructure mimics natural processes to manage stormwater on-site. Our zoning can:

• Mandate the incorporation of green infrastructure practices in new developments, such as rain gardens, bioretention facilities, green roofs, vegetated swales/bioswales, and rain barrels/cisterns.

• Require the use of Low Impact Development (LID) standards in subdivision and site plan regulations, prioritizing on-site stormwater management through infiltration, evapotranspiration, and reuse.

• Shift to a "runoff reduction" paradigm, focusing on minimizing impervious areas and retaining/attenuating runoff within the development site.

3. Protecting Natural Areas and Hydrology: Preserving natural features is crucial for effective stormwater management. We can:

• Utilize open space design or cluster zoning to encourage higher densities in some areas while preserving significant natural open spaces elsewhere, reducing overall imperviousness and protecting natural drainage.

• Establish conservation zoning districts or overlay zones for sensitive areas like wetlands, floodplains, steep slopes, and groundwater recharge areas, imposing stricter development controls.

• Require preservation of undisturbed areas and existing trees and vegetation, which absorb rainfall and reduce erosion.

• Implement regulations to minimize soil compaction during construction, maintaining the soil's natural ability to infiltrate water.

4. Enhancing Site Plan and Subdivision Review: Our review processes are key to implementing these changes. This means:

• Continuing to require comprehensive Stormwater Management Plans (SWPPPs) from developers, detailing how stormwater will be managed during and after construction.

• Ensuring robust processes for reviewing and approving SWPPPs to meet established standards.

• Developing regulations to ensure subdivision lot lines avoid disturbing natural drainage patterns and that lots are buildable without exacerbating stormwater issues.

• Mandating adherence to state or local stormwater management design manuals, outlining specific best practices and standards.

5. Incentives and Other Measures: Beyond regulations, we can encourage best practices through:

• Incentive zoning, offering bonuses (e.g., increased density) to developers who incorporate green infrastructure or other stormwater-reducing features.

• Exploring the establishment of stormwater utilities, which charge fees based on impervious surfaces, incentivizing property owners to reduce runoff and invest in green infrastructure. This model ensures all properties contributing to runoff contribute to its management.

• Launching public education and outreach programs to inform residents and businesses about stormwater impacts and best management practices, fostering voluntary adoption of runoff-reducing measures.

By strategically implementing a combination of these planning and zoning regulations, Avon can significantly reduce stormwater runoff, protect water quality, mitigate flooding, and create a more resilient and sustainable community for the future. This isn't just about recovering from the last flood; it's about proactively preparing for the next.