Unless otherwise provided and as regulated by
the Subdivision Regulations of the Town of Hamburg, site plan review and a site plan approval shall be required
for all uses, buildings and structures that require a building permit
or a certificate of occupancy under this chapter and for which an
application therefor has been made to the Town of Hamburg, except
for a farm, one-family dwelling or a two-family dwelling and its permitted
accessory uses, buildings or structures, prior to the issuance of
a building permit or certificate of occupancy.
[Added 11-13-2000 by L.L. No. 8-2000]
A. A site plan waiver may be issued if a proposed project
is minor in nature to the extent that a full site plan review may
not be necessary. In such case, if an existing previously approved
site plan is on file with the Town and the modifications are deemed
minor by the Site Plan Waiver Committee, consisting of the department
heads of the Building Department, Engineering Department, Planning
Department and the Planning Board Chairman, a site plan waiver may
be issued upon payment of the required fee. Once the site plan waiver
is approved, the applicant may apply for a building permit.
B. In general, a site plan waiver may be issued for a
project that has met one or more following criteria (at the discretion
of the Site Plan Waiver Committee):
(1) Additions of less than 1,000 square feet or which
represent less than 10% of the existing structure, where no variances
are needed for construction.
(2) Accessory buildings or additions that are not visible
from the road or adjoining residential uses.
(3) A minor change in use that does not require additional
parking.
(4) Such other minor changes as determined by the Site
Plan Waiver Committee.
C. In all cases, an existing site plan shall be on file
with the Town and the site shall be in general conformance with previously
approved site plans, as applicable. Furthermore, the site plan waiver
may include conditions that must be met for the issuance of the building
permit.
D. In certain cases, the preparation of a site plan application
may be deemed necessary to meet the requirements of a site plan waiver
process. It may be determined that the proposed project needs formal
site plan approval from the Planning Board.
E. Determinations and approval conditions for a site
plan waiver may only be appealed by the applicant by appearing before
the Planning Board under a formal site plan application. Approval
of any site plan waiver shall remain in effect for a period of not
more than one year, unless a successful application for a building
permit has been made within that period.
[Amended 6-14-1999 by L.L. No. 5-1999; 12-11-2006 by L.L. No.
7-2006]
A. As part of the site plan review process, and to allow
for proper notification of the action, the applicant shall erect a
sign, as provided by the Town of Hamburg, on the subject property
indicating that the property is being proposed for development and
that a site plan is pending with the Town. The sign shall be erected
in accordance with Town guidelines and a fee shall be paid in accordance
with the Town’s Fee Schedule.
B. Prior to the approval of any site plan, and within
30 days of receiving a plan that is deemed acceptable for further
consideration and action, the Planning Board shall hold a public hearing,
which shall be advertised at least once in a newspaper of general
circulation in the Town at least five days before such hearing. The
Town shall also notify all adjoining property owners by mail of the
public hearing. As a part of the public hearing for the site plan,
a sign-in sheet shall be provided for all parties who wish to be notified
of any and all future actions for the proposed project. Where the
site plan has been revised to address any conditions or comments offered
by the Planning Board, the Town shall notify those parties who provided
their contact information on the sign-in sheet. The revised site plan
shall be made available for public review and comment for a period
of 10 days prior to approval by the Town. Any site planning issues
that are identified during this public review period which cannot
be resolved by Town staff shall be referred to the Planning Board
for further consideration prior to approval of the plan.
[Amended 12-18-2017 by L.L. No. 3-2018]
C. Where site plan review is required, the enforcement
officer of this chapter shall refer the application, site plan and
supporting data to the Town Planning Board. The Planning Board shall
review the application, site plan and supporting data and, at a regular
meeting of the Planning Board, after determining that all requirements
have been met, shall approve, approve with modification or disapprove
the site plan. Approval of any site plans so deemed shall remain in
effect for a period of not more than one year unless a successful
application for a building permit has been made within that period
or a single six-month extension has been granted by the Planning Board.
D. Site plan applications that are tabled by the Planning
Board for additional information, or at the request of the applicant,
will remain as tabled items for three months (three subsequent Planning
Board meetings). Unless an extension is requested and approved, the
application will be considered to be expired after this ninety-day
period of inactivity. Prior to the expiration of the application,
the applicant can request in writing that the ninety-day period be
extended for one additional ninety-day period. To begin the process
again, within six months of the expiration, the applicant will need
to resubmit the application with 50% of the required fee. After six
months, a new submission will require the full fee.
In addition to the required site plan and supporting data indicated in §
280-312, the Planning Board may request of a property owner or his agent additional supporting data or plans the Planning Board deems necessary and pertinent to carry out its responsibility for site plan review as provided in this chapter.
The Planning Board may require, as a condition
of site plan approval, that the property owner file a performance
bond, in such amount as determined by the Town Engineer, to insure
that the proposed development will be built in compliance with accepted
plans.
[Added 6-25-2012 by L.L. No. 2-2012]
In the event that, during construction, the property is not developed in accordance with the approved site plan, the Building Inspector will utilize his enforcement responsibilities to bring the site into conformance with the approved plan. In the case where the site cannot be brought into conformance with the approved plan (for example, an area denoted on the plan for preservation of trees is disturbed), the Building Inspector can issue a stop-work order and require the owner/applicant to return to the Planning Board for potential approval of a revised plan. This approval of a revised plan may require mitigation actions (for example, replacement of trees in a higher ratio than those removed, screening, additional landscaping, improved aesthetics to the site, etc.) or modifications to the plan, and bonding in accordance with §
280-307.
[Added 4-13-2015 by L.L. No. 3-2015]
Where a landscape plan is specifically required by law, or where
it is required by the Planning Board, the applicant shall submit a
certification from a landscape architect that the required landscaping
has been installed in accordance with the approved landscape plan.
This certification shall be submitted to the Building Department along
with other required information, prior to the Building Department
issuing a certificate of occupancy (CO) or a conditional CO.
A property owner wishing to make any changes
in an approved site plan shall submit a revised site plan to the Planning
Board for review and approval.