The landscaping and buffering regulations of this section are
intended to:
A. Promote a healthy environment by providing shade, air purification,
oxygen regeneration, groundwater recharge, stormwater runoff management,
erosion control, and reductions in noise, glare and heat island effects;
B. Facilitate the implementation of sustainable design practices and
development of green infrastructure to protect natural resources and
improve the Village's resiliency in the face of climate change;
C. Provide visual buffering from streets, buffering of potentially incompatible
land uses, and generally enhance the quality and appearance of the
Village; and
D. Encourage the preservation of existing trees and vegetation that
offer environmental, aesthetic, habitat, sustainability, and economic
benefits to the Village and its citizens.
These landscaping and buffering requirements apply to all nonresidential (including mixed-use) developments and multifamily development projects requiring site plan review as outlined in Article
44. The Planning Commission may modify or waive requirements of this section in order to achieve the purpose and intent of this article and goals of the Village's Comprehensive Plan. Single- and two-family dwellings shall be exempt from the provisions of this article.
A landscape plan must be submitted and approved for all projects
requiring site plan review. No permit for work, including site plan
approval, may be issued until a landscape plan has been approved.
Unless waived by the reviewing board, the landscape plan(s) shall
be prepared by a landscape architect registered to practice in New
York State and shall show the following:
A. Topography of site before and after landscaping;
B. Location and size of all existing plant materials;
C. Existing vegetation to be retained and size of all existing trees
with a diameter at breast height of five inches or more, including
all trees to be preserved or removed;
D. Devices by which existing plant material shall be protected from
damage during land alteration or land development activities. All
disturbed areas not otherwise treated shall be seeded and/or sodded;
E. Dimensions of landscaped areas;
F. Location, type, size, spacing and number of proposed trees, shrubs,
and ground covers;
G. Property lines, match lines, easements, proposed buildings, paved
areas, fences, walls, and utilities;
H. The location, quantity, size, root ball condition and both scientific
and common names of all proposed plant materials, the on-center spacing
for hedges;
I. Typical planting details for trees, shrubs, ground covers, fences,
walls, etc;
J. A legend, plant list, key, a scale drawn to a minimum of one inch
to 30 feet, North arrow and planting detail.
The provisions for buffers are intended to separate and shield
negative impacts of adjacent land uses and shall be approved by the
reviewing board.
A. A buffer strip 10 feet in width shall be provided upon all nonresidentially
zoned lots which abut a residentially zoned lot at the side or rear
lot line. This buffer strip may be included within the required side
or rear yard.
B. No parking area, building, or other structure or paved area except
walks, walls or fences shall be permitted in any buffer strip.
C. No storage or display of goods shall be permitted in any buffer strip.
D. Buffer strips shall include solid fencing and/or live, healthy vegetation
of at least five feet in height.
E. Each buffer strip shall be planted with at least two trees and/or
shrubs every 10 linear feet. The remainder of each buffer strip shall
be landscaped in grass, ground cover, other vegetation or a walk,
wall or fence.
F. The reviewing board shall require and approve buffers and screening
as it determines to be necessary.
Dumpsters, trash containers, receptacles or garbage cans used
for industrial, commercial and residential (excepting one- and two-family
dwelling units) use must be enclosed and/or screened with a suitable
material. This provision does not apply to temporary construction
containers.
A. Enclosure and screening material. In industrial, commercial, central
business and residential (excepting one- and two-family dwelling units)
use, enclosures shall meet the following requirements:
(1)
Enclosures shall provide complete visual screening.
(2)
Enclosures shall be compatible in material and color with the
principal structure on the lot.
(3)
The enclosure is to be a wall, solid fence or nondeciduous planting.
(4)
If a nondeciduous planting is used, plantings must be spaced
no more than three feet apart and meet the height requirements specified
below.
(5)
Materials for walls and solid fences shall be wood, masonry,
metal or concrete.
(6)
Enclosures shall have gates or doors with an appropriate mechanism
for holding the doors open only during garbage pickup operations.
Otherwise, the gates and/or doors shall be equipped with a mechanism
to keep them closed when access is not required.
(7)
Enclosures and dumpsters shall sit on a concrete (or like substance)
pad, the construction of which shall meet or exceed minimum specifications
for the anticipated weight of such dumpster.
(8)
The height of the enclosure and/or nondeciduous plantings shall
be sufficient to block the view of the garbage receptacles from the
view of adjoining properties, sidewalks and/or streets, but in any
event shall be no less than six feet in height.
(9)
Enclosures and/or screening shall be kept in good repair or
condition, and all trash shall be kept only within the container,
and lids on said container must remain completely closed at all times.
(10)
The reviewing board may also require a roof over the enclosure
if the site is sloped and adjoining neighbors are at a higher elevation,
making the containers visible.
B. Location for dumpsters, trash containers and enclosures.
(1)
Trash containers used for one- and two-family dwellings are
not permitted in the front yard. If practical difficulty in locating
them in the side or rear yards can be proven to the satisfaction of
the reviewing board, then said containers may be placed in the front
yard in a manner and location acceptable to the reviewing board. If
containers are to be placed in the front yard, then the reviewing
board may require enclosure, screening or both as may be acceptable
to the Commission, following the guidelines contained herein for commercial,
central business, industrial or multifamily properties.
(2)
In industrial, commercial, central business and multifamily
(excluding one- and two-family dwellings) use, enclosures shall not
occupy a right-of-way and be located in the required yard setback,
or within eight feet of the side or rear property lines. In zoning
districts where there is no required front setback, dumpsters and/or
garbage cans are prohibited from being within 20 feet of the front
property line.
(3)
The Planning Commission will exercise the following preferences
with regard to the proposed enclosure location:
(a)
The first (most) preferred location is in the rear yard.
(b)
The second preferred location is the side yard.
(c)
The third (least) preferred location is the front yard.
(4)
The Planning Commission shall use the following criteria to
assess the proposed location:
(a)
The more visible a location is to adjoining properties, pedestrians
and passing vehicles, the less preferred the location will be.
(b)
The lesser preferred locations shall be required to have more
screening and a higher-quality aesthetic value than a more preferred
location.
C. Enclosure review, approval and enforcement of compliance.
(1)
The Planning Commission shall review any enclosure and/or screening
as part of a site plan application, using the standards contained
herein.
(2)
The Planning Commission shall review any new enclosure and/or
screening, or change to an existing enclosure and/or screening, on
a lot that has already received site plan review. This may be due
to a change in use, building renovations or additions, or to a change
in parking lot.
(3)
The construction of a required enclosure shall require a building
permit issued by the Building Department.
D. Compliance for preexisting dumpsters and refuse containers.
(1)
Any dumpster or refuse container in existence prior to the effective
date of this section will be required to be enclosed and properly
placed pursuant to the requirements of this section.
(2)
Any enclosures and/or screening for dumpsters and/or refuse
containers in existence prior to the effective date of this section
shall be required to comply with the requirements of this section.
(3)
To provide a more orderly system of compliance, the Village
of Hamburg will send each property owner who has a preexisting dumpster,
refuse container and/or enclosure or screening which now must comply
with this section a compliance notice containing the details of the
review process and a blank site plan review application form.
(4)
Upon receipt of the completed application, the Village of Hamburg
shall notify the property owner of an appointment date with the Planning
Commission to review the property owner's application.
Snow storage area(s) shall be provided to ensure that landscaping,
fencing and other screening devices are protected from damage during
snow storage operations.