[Added 4-24-2023by L.L.
No. 6-2023]
A.
In accordance with the recommendations and policies of the Town of
Hamburg Comprehensive Plan, the purpose of this overlay district is
to preserve and protect important agricultural, environmental, and
open space resources, including scenic views and vistas; encourage
bicycle and pedestrian access; and preserve the rural character of
the area. This district contains significant tracts of freshwater
wetlands and woodlands, agricultural and former agricultural lands,
large parks, and recreation features, as well as habitats and wildlife
management areas and designated conservation areas. This overlay is
also intended to control suburban development and encourage agricultural
and agriculturally related pursuits without impacting the economic
value of the land or hampering development altogether.
B.
The overlay district regulations will supplement the underlying zoning
restrictions and provide for harmonious, safe, and orderly development
within the district.
The Hamburg Agricultural and Open Space Overlay District shall
encompass all the land area that is located southeast of the NYS Thruway;
southwest of the boundaries of the Incorporated Village of Hamburg,
west of East Eden Road and extending southward to the Town boundary
with the Town of Eden (as illustrated on the Town's Zoning Map).[1]
[1]
Editor's Note: The Zoning Map and all amendments thereto
are on file in the office of the Town Clerk.
The special regulations contained herein, which govern all proposed
development and redevelopment within the boundaries of the Hamburg
Agricultural and Open Space Overlay District, shall be founded upon
the following objectives:
A.
Guidelines and objectives for development.
(1)
Land use decisionmaking shall consider a wide variety of uses
through the implementation of impact criteria to prevent potential
adverse effects to adjoining properties and allow for more flexibility
and creativity in design.
(2)
Land use controls shall encourage larger lots and preserving
open space. This overlay also encourages agricultural, agricultural-related
and agritourism businesses in order to further the goals of the Town
of Hamburg Comprehensive Plan.
(3)
Conversions of lands to desired uses, such as agricultural-related
uses, shall be encouraged.
(4)
Suburban development shall be minimized to control/manage growth.
Standard road frontage lots are highly discouraged to help preserve
the character of this overlay area.
(5)
Rural development guidelines shall be applied to manage growth
and achieve a more desirable environment than what would be possible
through the strict application of existing zoning regulations.
(6)
To better manage suburban growth, the extension of public sewer
lines beyond existing areas shall not be allowed.
(7)
Nonagricultural development shall be set back from roadways
and adjacent agricultural development to preserve the rural character
of the district. The aesthetics and layout of proposed development
should be reviewed to prevent the area from taking on a suburban appearance.
(8)
Commercial development shall be concentrated in existing commercial
areas rather than spread out in strips along major highways to preserve
the rural character of this overlay district.
B.
Guidelines and objectives for environmental preservation.
(1)
The amount of land clearing shall be minimized, and development
shall be designed to avoid significant resources on site, i.e., wetlands,
steep slopes, scenic vistas, floodplain boundaries and wooded areas,
to manage growth and achieve a more desirable environment than what
would be possible through the strict application of the underlying
zoning.
(2)
Development shall be concentrated in areas that are already
developed to control suburban sprawl and further the goals of the
Town of Hamburg 2022 Comprehensive Plan.
(3)
Conservation easements, deed restrictions and other methodologies
shall be utilized, to the greatest extent practicable, to preserve
significant natural resources of developable lots.
(4)
More stringent environmental review shall be conducted for development
of properties that contain extensive woodlands and other important
natural resources.
(5)
Important habitats on the site should be identified, and the
relative value of these areas for supporting wildlife should be determined.
Proposed development should seek to minimize impacts on high quality
habitat areas. The Planning Board, with input from the Conservation
Board, will provide direction to the applicant regarding areas to
preserve.
(6)
Trees of a minimum size of eight-inch diameter at breast height
(DBH), all important trees and any significant stands of vegetation
shall be preserved to the greatest extent possible. The Planning Board,
with input from the Conservation Board, will provide direction to
the applicant regarding areas to preserve.
The accessory uses permitted in the Agricultural and Open Space
Overlay District shall be the same as the accessory uses permitted
in the underlying zoning district(s).
A.
The division of lands, regardless of zoning classification, shall be subject to Chapter 230, Subdivision of Land, of the Code of the Town of Hamburg, and restricted to only minor subdivisions of land.
B.
Subdivision plans must clearly depict all features identified in
the Town of Hamburg Open Space/Recreation Plan and all other important
environmental and cultural features in relation to the approximate
locations of proposed homes and driveways on the property.
C.
Areas with significant trees along the road frontage must be identified
and preserved to the greatest extent practicable. Predetermined driveway
and home locations, as required under § 280-156A(2),[1] will help to minimize tree loss during construction. Penalties
and/or replacement of trees will be imposed and enforced by the Building
Inspector if unauthorized tree losses occur during construction.
[1]
Editor's Note: So in original.
D.
Creativity and flexibility in site design shall be encouraged, including
variation in the configuration of lots and building setbacks, as well
as the utilization of conservation easements, deed restrictions, flag
lots, common driveways, curved driveways, the preservation of stone
walls and hedges, and the like.
E.
Any minor subdivision must be laid out to incorporate all important
natural and cultural features; these features must be preserved to
the greatest extent practicable.
F.
Clear cutting of trees for subdivision lots shall be prohibited.
In accordance with the Town of Hamburg Tree Preservation Law, plans
shall be submitted that clearly delineate those vegetated areas of
the site that will be preserved and those areas that will be disturbed
for the construction of home sites (including driveways, septic systems,
lawns, etc.). No more than 1/2 acre of any building site shall be
cleared for the construction of a single-family home. In cluster developments
this requirement can be reduced by the Planning Board. Prior to construction,
these areas must be properly delineated in the field and reviewed
by the Town. (This requirement shall be noted on the plans.)
G.
In certain cases, to preserve the rural character of the Agricultural
and Open Space Overlay District, the Town may allow the establishment
of open development areas, pursuant to § 280-a, Subdivision
4, of the New York State Town Law.
H.
The Town will not accept any dedication of roads.
I.
All proposed applications shall illustrate how pedestrian and bicycle
traffic will be accommodated on the property.
J.
All proposed commercial structures shall be designed to preserve
and continue the rural character and appearance of the district. All
site plan applications shall include perspective drawings to illustrate
the proposed design.
K.
The Planning Board may waive or modify any requirements under this
section where an undue hardship on the property owner is clearly demonstrated
and, that in doing so, the intent and purpose of the district is not
diminished. In granting this waiver, the Planning Board shall attach
such conditions as are, in the Planning Board's judgment, necessary
to secure substantially the objectives of this overlay.
