[HISTORY: Adopted by the Town Board of the Town of Hamburg 8-4-2003
by L.L. No. 4-2003. Amendments noted where applicable.]
A.
It is the intent of the Town of Hamburg (through these
regulations) to help avoid, restrict and minimize damage or loss of wetlands
in the Town, ensure that wetland areas are properly identified and meet state
and federal requirements, and in some cases place additional design requirements
for the filling of wetland areas in unavoidable situations.
B.
These regulations are necessary due to the importance
of these valuable natural resources in protecting public health, safety and
welfare. Wetlands provide the following to the Town of Hamburg:
(1)
In their natural state, wetlands serve to control flooding
and water pollution, buffer shorelines and stream banks against erosion and
maintain supplies of potable groundwater.
(2)
Wetlands also provide high-quality wildlife habitat and
other opportunities for recreation, scientific study and natural resource
education.
(3)
Wetlands are subject to significant development constraints
because of poorly drained subsoils and the need for constructed drainage and
stormwater management systems to compensate for the loss of natural wetlands
functions.
(4)
In a well-planned community, wetlands offer the benefits
of open space and natural separation of land uses.
A.
State wetlands.
(1)
Where state wetlands are depicted on state maps (found
at the NYSDEC), development applications (subdivisions, site plans, etc.)
must depict their location on submitted plans.
(2)
Delineation of these wetlands must be confirmed by NYSDEC
representative, surveyed and depicted on plan submittals. Plans must also
show the required regulated one-hundred-foot adjacent area.
(3)
The Town of Hamburg strongly encourages the avoidance of all State wetlands and no construction within the one-hundred-foot adjacent areas. Any filling / construction or other regulated activity necessary must meet all State guidelines and the additional Town requirements. (See § 272-3.)
(4)
Preserved wetland areas, including adjacent areas, shall
be included in a conservation area, considered for dedication to the Town,
or dedication to other conservation organizations.
B.
Federal wetlands (regulated by the US Army Corps of Engineers).
(1)
All development plans that include areas of hydric soils
(as shown in the Erie County Soils Manual), must have wetlands delineation
performed prior to submittal to the Town.
(2)
All development plans that include areas of potentially
hydric soils (as shown in the Erie County Soils Manual) must have these areas
depicted on any submittals to the Town. These areas will be investigated by
representatives of the Hamburg Conservation Advisory Board and where advised,
will require an official wetlands delineation. This investigation does not
relieve the applicant of his responsibilities of identifying federal wetlands.
(3)
For those areas determined to be jurisdictional federal wetlands, the Town of Hamburg strongly encourages their avoidance and preservation. Any filling / construction necessary must meet all federal guidelines and the additional Town requirements. (See § 272-3.)
(4)
For areas determined to be nonjurisdictional Federal wetlands, the Town of Hamburg strongly encourages their avoidance and preservation. If these areas must be filled in due to the uniqueness of the site, the additional Town requirements must be met. (See § 272-3.) This uniqueness of the site must be proven to the Planning Board through site plan or subdivision approval.
Any state, federal or nonjurisdictional federal wetlands that are filled
in must also meet the following requirements:
A.
Drainage designs for the project must acknowledge the
removal of these wetland areas in the drainage design, or consider replacement
of these wetlands on the site.
B.
Drainage ponds must be oversized to mitigate the removal
of these wetland areas.
C.
Replacement (mitigation) wetlands required by the NYSDEC
or US Army Corps of Engineers shall be located as near as possible to those
being filled in and should at a minimum be within the same watershed (preferably
on the same site).
D.
In wetland areas to be filled, soil borings will be necessary
to determine suitability for structures to be constructed in these areas.
A report from a licensed engineer will need to be submitted to the Town.
For site plan and subdivision applications that include areas of state,
federal, nonjurisdictional wetlands, or potentially hydric soils, the applicant
must provide to the Town soils information. This information is to include
depth to groundwater (including signs of mottling) and soil types. The extent
of this testing will be determined at sketch plan or at the first meeting
before the Planning Board.
