As indicated in the Town of Hamburg Comprehensive Plan, the
Lakeview Overlay District shall encompass all that land area that
is located southeast of Old Lakeshore Road and the shoreline of Lake
Erie; southwest of Amsdell Road; northeast of the boundary with the
Town of Evans; and northwest of the boundary of the New York State
Thruway, as shown on the Town's zoning map.
To carry out the intent of the Lakeview Overlay District, application
of the special restrictions and regulations contained herein shall
be founded upon the following objectives:
A. Guidelines and objectives for development.
(1)
Suburban development shall be minimized to control growth.
(2)
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.
(3)
Existing commercial development shall be restored and improved,
and any additional commercial uses shall be concentrated only in the
hamlet area, as noted in the Town Comprehensive Plan, to revitalize
this portion of the overlay district.
(4)
Standard road frontage lots and commercial strip development
shall be discouraged to allow for the development and physical site
arrangements that would further the goals of the Town of Hamburg Comprehensive
Plan.
(5)
The aesthetics and layout of proposed development shall be reviewed
to prevent the area from taking on a suburban appearance.
(6)
Land use controls shall separate density from lot size, allowing for smaller lots, provided that overall density guidelines are maintained, thereby preserving open space [See Subsection
A(7)].
(7)
As recommended in the 1994 Open Space/Recreation Plan, cluster
development shall be required for all proposed subdivisions that contain
important natural resources and open space.
(8)
Additional sewer extensions (both public and private) shall
be restricted in the district, and extensions currently under consideration
by the county should be evaluated in relation to the recommendations
of the Town of Hamburg Comprehensive Plan.
(9)
All site plan and subdivision plats should be reviewed for conformance
with the recommendations set forth in the Town of Hamburg Comprehensive
Plan.
(10)
In all major and minor subdivisions and multiple-dwelling structures
located in the Lakeview Overlay District, all extensions of private
utility and communication distribution facilities shall be installed
below grade. Where existing overhead distribution facilities are already
in place, service from lot line to the proposed house shall be installed
below grade. Installation shall be in the manner prescribed by the
Building Code and utility company having jurisdiction. Where facilities
are provided, they shall be planned to anticipate future utility needs.
B. Guidelines and objectives for environmental preservation.
(1)
Important environmental and cultural features shall be preserved
and enhanced to further the goals of the Town of Hamburg Comprehensive
Plan.
(2)
Important environmental and cultural features shall be mapped
to illustrate existing conditions for all site plan and subdivision
applications to depict existing conditions and permit effective site
development analysis.
(3)
Major subdivisions shall not be permitted on soils that have
a poor capacity for percolation (i.e., rates or conditions that would
not allow the use of a standard or raised-bed subsurface wastewater
disposal system) to protect important natural resources.
(4)
In accordance with the Town of Hamburg Tree Preservation Law,
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, significant woodlands,
etc.
(5)
Important habitats on the site should be identified, and the
relative value of these areas for supporting wildlife should be determined,
and impacts minimized and mitigated.
(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.
(7)
Conservation easements, land dedications and other methodologies
shall be utilized, wherever possible, to preserve areas of significant
open space and/or important natural resources.
(8)
All site plans and subdivision plats shall be reviewed for conformance
with the Town of Hamburg 1994 Open Space/Recreation Plan and the Comprehensive
Plan.
The division of lands, regardless of the zoning classification, shall be subject to Chapter
230, Subdivision of Land, of the Code of the Town of Hamburg. The following special regulations shall apply to all subdivision of lands within the Lakeview Overlay District:
A. Minor subdivisions.
(1)
Minor subdivision plans must clearly depict all features identified
in the Town of Hamburg Open Space/Recreation Plan and Comprehensive
Plan and all other important environmental and cultural features in
relation to the approximate locations of proposed homes and driveways
on the property.
(2)
Road frontage lots (lots fronting existing roads with each lot
having its own driveway connecting to the existing road) are discouraged
in minor subdivision layouts. If standard road frontage lots are proposed,
the bulk requirements for frontage (building and front line) and lot
size shall be increased by 25%, and these lots must be laid out to
encourage the preservation of all important environmental and cultural
features. (For example, in an RA District the bulk requirements for
road frontage lots are amended to: lot area = 2.5 acres; lot width
at building line = 250 feet; lot width at front line = 125 feet.)
(3)
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 §
280-176A(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.
(4)
Creativity and flexibility in site design shall be encouraged,
including variation in the configuration of lots (clustering) 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.
(5)
Where other creative site design techniques are proposed to preserve the rural character of the area, the Planning Board may allow for the reduction of bulk requirements by up to 25% to further accomplish these goals, as long as they meet all health code requirements and do not increase the overall allowable density that would be allowed for the parcel under the existing zoning district requirements. All cluster development proposals shall comply with §
280-282 of the Town of Hamburg Zoning Code.
B. Major subdivisions.
(1)
Major 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 locations of
the proposed homes on the property.
(2)
The subdivision must be laid out to incorporate all important
natural and cultural features; these features must be preserved to
the greatest extent practicable.
(3)
Standard road frontage lots are highly discouraged. Where they
are proposed, the following shall apply:
(a)
The bulk requirements for frontage and lot size shall be increased
by 50%.
(b)
A minimum of 50% of all trees located in the front and side
yard setback areas must be preserved.
(c)
Penalties will be imposed and enforced by the Building inspector
for the unauthorized loss of trees during construction.
(d)
All lots must be laid out to encourage the preservation of all
identified environmental and cultural features.
(4)
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.
(5)
All major subdivisions in areas not having public sewers must
include the submission of percolation test results performed by a
licensed engineer. If the results indicate that a standard or raised-bed
subsurface wastewater disposal system cannot be used, the subdivision
shall not be approved unless a public sewer system is available to
the site.
(6)
All proposed projects that include lands identified in the Town of Hamburg Open Space/Recreation Plan or Comprehensive Plan must submit a clustered site design layout that incorporates the preservation of all identified important natural and cultural features. All cluster developments must comply with the provision of §
280-282 of the Town of Hamburg Zoning Code.
(7)
In certain cases, to preserve the rural character of the Lakeview
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.
(8)
For properties that do not contain features identified in the
Town of Hamburg Open Space/Recreation Plan or Comprehensive Plan,
creativity and flexibility in site design shall still be encouraged,
including variation in the configuration of lots (clustering) 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.
(9)
Entrances to proposed subdivisions must be designed in a manner
that will discourage extended views of the subdivision. Corner lots
at entrance points shall front on the new entrance road and these
homes will be set back a minimum of 100 feet from the intersection.
C. 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.