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 character of the area. This overlay is also
intended to manage development within the district to protect important
environmental resources, including scenic views and vistas, and encourage
bicycle and pedestrian access to the Village of Hamburg. The overlay
regulations will supplement the underlying zoning restrictions and
provide for harmonious, safe, and orderly development within the district.
The Southeastern Hamburg Overlay District shall encompass all
that land area that is located east of East Eden Road; south and east
of the boundary of the Incorporated Village of Hamburg; south of Newton
Road; west and southwest of the boundary of the Town of Orchard Park;
and north of the boundary with the Towns of Boston and Eden.
The special regulations contained herein, which govern all proposed
development and redevelopment within the boundaries of the Southeastern
Hamburg Overlay District, shall be founded upon the following objectives.
A. Rural development guidelines and objectives.
(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 separate density from lot size, allowing
for small lots, provided that overall density guidelines are maintained,
thereby preserving open space and furthering the goals of the Town
of Hamburg Comprehensive Plan.
(3)
Commercial development shall be concentrated in existing commercial
areas rather than spread out in strips along roadways to preserve
the rural character of the district.
(4)
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.
(5)
Agriculture, agricultural-related uses and agritourism uses
shall be encouraged.
B. Environmental protection guidelines and objectives.
(1)
The amount of land clearing shall be minimized, and development
shall be designed around 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 existing zoning.
(2)
Development should be concentrated in areas already developed
to control suburban sprawl and further the goals of the Town of Hamburg
Comprehensive Plan.
(3)
The amount of land clearing should be limited, and development
should be designed around important natural resources on site.
(4)
Conservation easements should be utilized, to the greatest extent
practicable, to preserve significant natural resources on developable
lands.
(5)
More stringent environmental review should be undertaken for
development of properties that contain extensive woodlands or other
important natural resources. More stringent environmental review is
mandated along the 18 Mile Creek corridor.
The accessory uses permitted in the Southeastern Hamburg Overlay
District shall be the same as the accessory uses permitted in the
underlying zoning district(s).
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.
Development and redevelopment in the Southeastern Hamburg Overlay
District shall comply with the following:
A. No clear-cutting of trees; removal of trees must be minimized. Areas
where trees will be removed must be shown on the site plan or subdivision
plan submitted.
B. In accordance with the Town of Hamburg Tree Preservation Ordinance,
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, other structures, driveways, and
septic systems. Penalties and/or tree replacement will be imposed
and enforced by the Building Inspector if unauthorized tree losses
occur during construction Furthermore, no more than 1/2 acre of any
building site may be cleared for the construction of a single-family
home in the district.
C. Subdivision plats and site plans must clearly depict all features
identified in the Town of Hamburg Open Space/Recreation Plan and the
Comprehensive Plan, and all other important environmental and cultural
features in relation to the approximate location of proposed homes
on the property. Special consideration shall be given to the important
views and vistas in this area (to be illustrated on any plan submitted).
D. 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 and curved driveways, the preservation of stone
walls and hedges, and the like.
E. In certain cases, to preserve the rural character of the Southeastern
Hamburg 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.
F. Standard road frontage lots shall be discouraged. Where road frontage
lots are proposed, the bulk requirements for frontage 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.
G. 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.
H. All proposed applications shall illustrate how pedestrian and bicycle
traffic will be accommodated on the property and, if applicable, provide/enhance
connections to the Village of Hamburg.
I. 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.
J. 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.
K. In all major and minor subdivisions, and multiple-dwelling structures
located in the Southeastern 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.