A. 
Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate a flood hazard.
B. 
Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets.
C. 
Conformity to existing maps or plans. The location and width of all proposed streets shall be in conformity with the existing or amended plans of the Town or Planning Board.
D. 
Continuation of adjoining street system. The proposed street layout shall be coordinated with the street system of the surrounding area. Where possible, existing principal streets shall be extended and the names of such streets continued.
E. 
Access to adjacent properties. Where, in the opinion of the Planning Board, it is desirable to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround shall be provided.
F. 
Private streets and reserve strips. There shall be no private streets or reserve strips platted in any subdivision.
G. 
Lot remnants. No lot remnants shall be permitted to appear on any plat.
H. 
Large tracts or parcels. Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision. Reverse-frontage lots may be required on major arterials.
I. 
The Town of Hamburg encourages the developer/permit holder to preserve healthy trees during the initial phase of site development. The permit holder of a new residence under construction is responsible for planting a minimum of two deciduous trees per subdivision lot or an equivalent number of trees at 30 feet on center along the frontage (to a maximum of six trees), whichever is greater (i.e., sixty-foot lot = two trees; 100-foot lot = three trees; 150-foot lot = five trees). On lots with 60 feet or less of frontage, only one tree is required. Corner lots will require additional trees at the same ratio of frontage. The trees are to have a minimum caliper of 2 1/2 inches measured six inches from the ground (The Town may allow one-and-one-half-inch-caliper trees for certain species on request by the applicant). Trees are to be planted in the front yard (or front yard equivalent) a minimum of four feet from the highway right-of-way. Some areas may require that the location of the trees to be planted be worked out with the Building Inspector, Highway Superintendent and/or Town Engineer. Trees should be spaced evenly and should avoid interference with underground utilities. The tree species are to be selected from the Town-approved tree list provided by the Town Conservation Advisory Board. Unless other arrangements are made, trees are to be planted prior to the issuance of a certificate of occupancy (CO). The trees are subject to inspection and approval by the Town to ensure compliance with the stated provisions and the health of the trees. The permit holder is responsible for replacing any dead or diseased planted trees for a period of one year after the certificate of occupancy has been issued. In those areas where trees are preserved or natural vegetative conditions are protected, the tree planting requirement may be waived by the Town Conservation Advisory Board. In cases where the permit holder of the lots gets a sign-off letter from the homeowner requesting that the trees not be planted, the permit holder is required to pay a fee in accordance with the fee schedule approved by the Town Board in lieu of planting such trees. The money collected from the fees shall be deposited into a Town revenue account dedicated for the exclusive purpose to funding future tree planting efforts within the Town.
[Amended 3-14-1994 by L.L. No. 3-1994; 8-4-2003 by L.L. No. 4-2003; 6-22-2009 by L.L. No. 8-2009; 6-24-2020 by L.L. No. 6-2019]
J. 
Lots. All lots shall front upon a public street. Double-frontage lots shall be avoided whenever possible. Reverse-frontage lots may be required on major arterials.
K. 
Street names. Proposed streets which are obviously in alignment with others existing and named shall bear the assigned name of the existing streets. In no case shall the name for proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, etc.
L. 
Subdivisions and apartment project names. Subdivision names and apartment project names shall not duplicate or be confused with existing names. Subdivision and apartment project names are subject to approval by the Planning Board. This is not intended to limit the creativity of the developer.
M. 
Topographic map. Include all buildings, improvements such as roads and ditches, contours, property lines and all existing features. Elevations and contours shall be referenced to the National Geodetic Vertical Datum of 1929.
N. 
Vicinity or location map. The Planning Board shall require a vicinity or location map to be submitted by the subdivider with any plat or replat.
O. 
In all major subdivisions in the South Central Hamburg, Lakeview, and Southeastern Hamburg 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.
[Added 8-4-2003 by L.L. No. 4-2003]
P. 
In all other areas in the Town of Hamburg, outside the South Central Hamburg, Lakeview and Southeastern Hamburg Overlay Districts, it is the strong intent that extensions of private utility and communication distribution facilities shall be installed below grade in new major and minor subdivisions. The Town Planning Board may waive or modify this requirement, provided extenuating circumstances can be shown or where the Planning Board determines that overhead installation is more environmentally desirable than below grade.
[Added 8-4-2003 by L.L. No. 4-2003]
Q. 
Installation shall be in the manner prescribed by the Building Code and the utility company having jurisdiction. Where facilities are provided, they shall be planned to anticipate future utility needs.
[Added 8-4-2003 by L.L. No. 4-2003]
R. 
All required traffic signage (stop signs, "no parking," etc.), including those required by the Traffic Safety Advisory Board, shall be installed at the cost of the developer (In accordance with Town standards and all applicable laws).
[Added 8-9-2010 by L.L. No. 6-2010]
The size, shape and orientation of nonresidential lots shall be such as the Planning Board deems appropriate or as stated herein, for the type of development and use contemplated. Residential lots shall comply with the following requirements:
A. 
Area. Lot dimensions and area shall not be less than the requirements of Chapter 280, Zoning, unless the approval of the Zoning Board of Appeals is granted.
B. 
Orientation. Side lot lines shall be substantially at right angles or radial to street lines.
C. 
All lots shall abut by their full frontage on a publicly dedicated street or a street that has received the legal status as such.
D. 
Floodway, floodplain and wetlands. Lots in a floodway or floodplain or within 100 feet of a designated wetland, whether incorporated as part of the subdivision or not, are subject to the following provisions:
(1) 
Flood damage prevention as provided for in Chapter 115 of the Code of the Town of Hamburg.
(2) 
Article 24 of the New York State Environmental Conservation Law.
(3) 
Wetlands falling under federal jurisdiction will be subject to a site-specific buffer zone, the width of which is to be as designated by the Planning Board, unless appropriate fill permits are obtained from the United States Army Corps of Engineers. Under no other circumstances shall the Town approve any project or issue permits for a project which includes plans to build a structure or place fill within the designated buffer zone.
Utility and other easements shall be provided as follows:
A. 
Utility easements shall be provided where deemed necessary by the Engineer and shall be at least 15 feet in width.
B. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
C. 
Lakes, ponds, creeks, boat ramps and similar areas may be accepted for maintenance only if sufficient land is dedicated as a public recreation area or park. Such areas must be approved by the Director of Recreation and Town Engineer before approval of the final plat. Where such area constitutes a necessary part of the drainage control system, such area must be approved by the Town Engineer.
[Amended 8-4-2003 by L.L. No. 4-2003]
A. 
Railroads. For health, safety and welfare reasons, when residential districts/developments directly abut railroads (active lines), a buffer strip of at least 50 feet shall be provided along the lot line(s) where said land uses abut. In reviewing the buffer, the Planning Board shall consider the topography of the area, and receive input from the Conservation Advisory Board and the Engineering Department. This review may result in a required buffer being greater than 50 feet for public health and safety issues. Consideration shall be given to the existing state of the buffer area, with preference given to leaving the area in its natural state. If the natural conditions do not provide the proper buffering conditions, the Planning Board may require improvements such as plantings or a planted berm. These improvements shall be made by the applicant, owner or a homeowners' association.
B. 
Limited access highways, major arterials, commercial and industrial developments or other uses that may need to be buffered from residential development. When residential districts/developments directly abut these uses, a buffer of 30 to 50 feet or more may be required along the lot line(s) where said land uses abut. In reviewing and determining the size of this buffer, the Planning Board shall receive input from the Conservation Advisory Board and the Engineering Department (consideration must be given to the location of utilities and drainage systems). Consideration shall be given to the existing state of the buffer area, with preference given to leaving the area in its natural state. If the natural conditions do not provide the proper buffering conditions, the Planning Board may require improvements such as plantings or a planted berm. These improvements shall be made by the applicant, owner or a homeowners' association.
C. 
Other buffer requirements. For the buffers required by the Planning Board for Subsections A and B, the following requirements must be met:
(1) 
For purposes of title, these buffer strips shall be part of the platted lots, but be protected by a conservation easement in the name of the Town. The conservation easement shall be in the form of the Town standard which is available through the Town Attorney's office. These easements will be enforced by the Town. and penalties will be imposed for not meeting the easement's requirements.
(2) 
In the cases where the buffer is planted or other improvements made, the Town Planning Board may require a maintenance bond acceptable to the Town's Engineering and Legal Department. The bond shall be a two-year bond to ensure the establishment of the landscape materials.
[Amended 8-4-2003 by L.L. No. 4-2003]
A. 
Required recreation area for a subdivision shall be 10% of the total acreage of the subdivision.
B. 
If the Planning Board determines that a given subdivision requires land for active or passive recreational purposes (upon recommendation from the Recreation Department or the Conservation Advisory Board), the character and location of such land reserved for recreational purposes shall be suitable for this use. Lands that are undevelopable, such as wetlands and their buffers, steep slope areas, required stream setbacks, etc. shall not count towards the ten-percent criteria, but can be included in these passive recreation areas. Whether the recreational lands are intended by the Planning Board for active or passive recreation, the developer shall submit acceptable alternative site locations of the requisite size from which the Planning Board shall select areas to be used for recreational purposes. Once the size and location of the recreational area is determined, the Planning Board shall receive approval from the Town Board for the land to be shown for dedication to the Town. (See Subsection D.) The Planning Board may require improvements such as fences, sidewalks, grading, topsoil and seed, storm drainage facilities or other improvements. The determination for required improvements shall be coordinated with the Recreation Department and the Town Board. The subdivider shall be responsible for these improvements.
C. 
In considering recreation land for major subdivisions, the developer and Planning Board must consider the construction of bike paths and multi-use trails. In areas where the Town of Hamburg has an existing trail or bike path system, or in areas where the Town has plans for such (refer to Open Space/Recreation Plan and the Town's Master Bike Path Plan), bike paths and/or multi-use paths may be required by the Planning Board (interconnection with these existing or planned systems).
D. 
If the Planning Board determines that a suitable park or parks of adequate size cannot be located within the subdivision, a payment in lieu of land shall be provided by the developer according to the Town of Hamburg fee schedule. If a smaller size area is found, the Planning Board could recommend to the Town Board a reduction of this fee by an appropriate amount. In the cases where bike paths or trails are provided, the Planning Board shall calculate the amount of land encumbered (dedication, easement, etc.) by the path or trail as credit towards the 10% land requirement (developable land requirement). The Planning Board shall also consider the level of improvements being made for these systems, and then determine if the fee is waived or a reduction of the fee will be recommended.
E. 
Passive recreation and park land, if to be deeded to the Town, shall be permanently monumented and deeded to the Town prior to final Town Board acceptance. The subdivider shall also install any fences, sidewalks or other required improvements prior to final Board acceptance.
F. 
All passive recreation and park land not to be deeded to the Town shall have an association or other means of legal control, acceptable to the Town Attorney and Planning Board, to assure the land will be maintained and never developed. This protection may include an easement to the Town of Hamburg that guarantees that the land will remain as proposed.
In general, the design standards which shall apply to streets are as follows:
A. 
Right-of-way widths. Minimum street right-of-way widths shall be in accordance with the major thoroughfare plan for the Town and county and shall be recommended as follows:
Type of Street
Minimum Right-of-Way Width
(feet)
Expressway
200*
Arterial
150*
Collector
100
Local or minor
70
*NOTE: Or as determined after consultation with the County Department of Public Works, Planning Board and the State Department of Transportation or jurisdiction of the road it contacts.
B. 
Pavement widths. Pavement widths face to face of curb shall be not less than the following:
Type of Street
Pavement Width
(feet)
Expressway
*
Arterial
50*
Acceptable
50*
Desirable
72*
Collector
48
Local or minor
28
*NOTE: Or as determined after consultation with the County Department of Public Works, Planning Board and the State Department of Transportation or jurisdiction of the road it contacts.
C. 
Grades. Street grades are suggested as follows:
(1) 
Street grades may be not more than 7% nor less than 0.4 of 1% (or as determined after consultation with the Town or County Department of Public Works, the Planning Board or the State Department of Transportation, when applicable).
(2) 
Grades approaching intersections may not exceed 4% for a distance of not less than 100 feet from the center line of said intersection where possible (or as determined after consultation with the Town or County Department of Public Works, the Planning Board or the State Department of transportation, when applicable).
D. 
Horizontal curves. Where a center-line deflection angle of more than 10° occurs, a circular curve shall be introduced, having a center-line radius of not less than the following:
(1) 
Major street: 500 feet.
(2) 
Collector street: 300 feet.
(3) 
Local or minor street: 150 feet.
E. 
Vertical curves. All vertical curves shall have such length as necessary to provide safe sight distances as specified by the American Association of State Highway Officials.
F. 
Tangents. Except for minor streets, there shall be a tangent of at least 100 feet between reverse curves.
G. 
Intersections. Street intersections shall be laid out as follows:
(1) 
Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than 75°.
(2) 
Intersections with principal arterial streets shall be at least 1,300 feet apart measured from center line to center line.
(3) 
Proper sight lines shall be provided and maintained at all intersections of streets. Measured along the center line, three feet above pavement, there shall be a clear sight distance triangle of 200 feet on major arterials, 100 feet on collector streets and 75 feet on local or minor streets, measured from a point of the center-line intersection of the streets.
(4) 
A center line offset minimum of 125 feet shall be provided at street jogs.
(5) 
Multiple intersections involving the junction of more than two streets shall be avoided whenever possible, but where they are unavoidable, such intersections shall be designed with extreme care for both vehicular and pedestrian safety.
H. 
Cul-de-sac. Permanent dead-end street length shall not be longer than 500 feet or as determined by the Planning Board. These streets shall be provided with a turnaround having a minimum radius of 50 feet to the face of the curb and a minimum right-of-way radius of 75 feet.
I. 
Half-streets. The dedication of half-street at the perimeter of a new subdivision is prohibited. Where there exists a half-street in an adjoining subdivision, the remaining half shall be provided by the proposed development.
J. 
Temporary turnarounds. A temporary turnaround, 50 feet in radius, shall be required where the logical extension of a subdivision street is terminated and that the street is two or more lots deep. A "T" type turnaround may be used with the approval of the Town Engineer and Planning Board.
K. 
Other requirements:
(1) 
Minor streets in a new development shall be so laid out as to discourage through traffic. However, the provision for the extension and continuation of major and collector streets into and from adjoining areas is required. Where a subdivision abuts or contains an existing major street or expressway, the Planning Board may require marginal access streets, single-tier lots or such treatment as will provide protection for abutting properties, reduction in the number of intersections with the major traffic street and separation of local and through traffic.
(2) 
Subdivisions developed abutting existing or dedicated or platted streets where rights-of-way are inadequate, the developer shall make available the additional rights-of-way to meet the minimum standards of these regulations. Rights-of-way widths may be determined after consultation with Town/County Engineer, Planning Board and the State Department of Transportation.
L. 
Pedestrian circulation. Adequate plan consideration and provision for pedestrians and/or bicyclists shall be made to accommodate safe and convenient circulation within the subdivision and between the subdivision and surrounding areas of interest (parks, schools, commercial activities, etc.). Design elements shall include walks, trails, paths or other linkages along roads, property lines or other common areas within the boundaries of the subdivision, as acceptable to the Planning Board. For subdivisions requiring new roads, it shall be the requirement that sidewalks be provided along all of the new roadways unless waived (with specific reasoning) by the Planning Board. For subdivisions involving no new roads, or for the area of any subdivision with new roads, that abut an existing road, sidewalks shall not be required along the existing road unless specifically determined to be required by the Planning Board (to connect into existing sidewalk systems).
[Amended 1-14-2013 by L.L. No. 1-2013]
A. 
Length. Block lengths generally shall not exceed 1,500 feet.
B. 
Width. Blocks shall have a sufficient width to allow two tiers of lots of minimum depth. Blocks may consist of single tier lots where such are required to separate residential developments from through vehicular traffic or nonresidential uses.
C. 
Commercial. Commercial areas shall comply with Chapter 280, Zoning, of the Code of the Town of Hamburg. The block layout shall conform, with due consideration of site conditions, to the best possible layout to serve the buying public, to permit good traffic circulation and the parking of cars, to make delivery and pickup efficient and to reinforce the best design of the units in the commercial area.
D. 
Industrial. The block layout in industrial areas shall be governed by the most efficient arrangements of space for present use and future expansion, with due regard for worker and customer access and parking, and shall comply with Chapter 280, Zoning, of the Code of the Town of Hamburg.
The Town Engineer shall approve all standards for the construction of improvements required by the Planning Board for development. These improvements include streets, sidewalks, public water, lighting facilities, sanitary sewers, drainage facilities, clearing, stripping and erosion control, postal delivery box locations and other improvements which may be regulated, controlled or maintained by the Town of Hamburg. The standards may be changed, modified or updated from time to time, if such changes are considered desirable by the Town Engineer. All applicable district, county, state or other requirements shall also apply. Construction plan approval shall expire and be of no further effect 12 months from the date of approval. Extension time may be applied for if acceptable to the Town Engineer and if utility plans are updated to conform to current Town requirements.
A construction plan shall be submitted to the Town Engineer for review and approval. It will include the following:
A. 
A clearing, stripping and soil erosion control plan for controlling soil erosion and construction sites.
B. 
A grading plan to show provisions for surface drainage of the tract to be submitted.
C. 
A storm sewer and pavement plan showing profiles for each proposed street and storm sewer. These plans may be submitted as separate sheets.
D. 
A sanitary sewer and waterline plan showing profiles for all proposed sanitary sewers and waterlines.
E. 
A streetlighting plan showing locations of all underground service facilities and proposed street light locations.
F. 
Typical cross sections and details of all proposed utilities.
G. 
General utility plan with all proposed utilities shown on one sheet.
H. 
Other applicable criteria as requested by the Town Engineer.
A. 
The subdivider shall file with the Town Clerk an application for construction of a public improvement and pay such fees as established by the Town Board for all proposed improvements. The permit shall not be effective until approved by the Town Board.
B. 
All contractors and subcontractors performing the actual work under a public improvement permit, shall maintain in continuous effect workers' compensation insurance and liability insurance. Insurance limits and other applicable criteria shall be as approved by the Town Board.
C. 
Maintenance of completed work shall conform to:
(1) 
The Town of Hamburg regulations for design and construction of improvements.
D. 
The subdivider shall guarantee his work against failure for a period of two years. To ensure compliance with the above he shall post a bond or such other security agreement as to be agreeable with the Town Attorney and the Town Board in the amount of 25% of the estimated cost of the improvements. This, however, is not to be construed as an alternative to acceptance of any doubtful or substandard work, nor is it intended to include the failures due to utilities installed after the developer has completed his work.
A. 
In the event that a developer wishes to file a final plat as a map cover with the Erie County Clerk before the necessary public improvements have been constructed on a portion or portions of the site, the developer shall be required to post a performance bond. The submittal of a performance bond in lieu of completing the work shall be subject to the acceptance of the Town Engineer. The value of the performance bond shall be equal to the Town Engineer's estimated cost of construction of the public improvements for such unimproved portion of the final plat concerning which signature is sought. In lieu of a performance bond, cash or certified funds may be placed in an escrow account maintained by the town. After the posting of such security, the final plat will be signed by the Town Engineer and submitted to the Planning Board for approval.
B. 
Any performance bond or escrow account as referenced herein shall guarantee completion of all improvements upon the segment of the site, as shown on the final plat submitted, within a time period acceptable to the Town Engineer, which period shall not exceed one year from the date the bond is issued or the escrow account established. Extensions of the bonding or escrow period may be granted following application to the Town Engineer, if said extension is determined to be acceptable by the Town Engineer. The performance bond or escrow moneys shall be released after the Town Engineer certifies that all improvements are completed to specification and the Town Board has accepted the completed improvements.
C. 
After the final plat has been filed with the Erie County Clerk, building permits may be issued by the Building Inspector. The certificate of occupancy for said building permits shall not be issued until final Town Board acceptance of all public improvements.