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:
(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]
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.