[Added 4-24-2023 by L.L. No. 6-2023[1]]
[1]
Editor's Note: Former Art. XXVI, Lakeview Overlay District, added 2-22-1999 by L.L. No. 3-1999, as amended, was repealed 8-17-2015 by L.L. No. 11-2015.
A. 
In accordance with the recommendations and policies of the Town of Hamburg Comprehensive Plan, the purpose of this overlay district is to preserve the rural nature and important natural resources of the Lakeview area of the Town. This district contains significant tracts of freshwater wetlands and woodlands, as well as wildlife habitats, wildlife management areas and designated conservation areas. This overlay district is also intended to encourage the renewal of existing commercial development areas in an effort to revitalize the Lakeview hamlet and provide for diversification of the land uses in this area.
B. 
The Lakeview Overlay District regulations will supplement the underlying zoning restrictions and provide for harmonious, safe, and orderly development within the district.
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.
A. 
The uses permitted in the Lakeview Overlay District shall be the same uses permitted in the underlying zoning district(s).
B. 
Clustered development shall be encouraged, and in certain cases required, in accordance with the provisions of § 280-282A of the Town of Hamburg Zoning Code.
C. 
The accessory uses permitted in the Lakeview Overlay District shall be the same accessory uses permitted in the underlying zoning district(s).
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.
A. 
Other residential development proposals must comply with the requirements established herein for major subdivisions.
B. 
Commercial development within the Lakeview Overlay District shall comply with the following restrictions:
(1) 
All commercial development shall be located in existing commercially zoned districts and limited to the hamlet section of the Lakeview area, as discussed in the Town Comprehensive Plan.
(2) 
The Town of Hamburg Planning Board shall encourage the creative reuse of existing commercially zoned properties.
(3) 
Proposed commercial structures shall be designed to preserve and continue the rural character and appearance of the hamlet. All site plan applications shall include perspective drawings to illustrate the proposed design.