In accordance with the recommendations and policies of the Town of Hamburg Comprehensive Plan, the purpose of this overlay district is to preserve and protect important agricultural, environmental, and open space resources, including scenic views and vistas; encourage bicycle and pedestrian access; and preserve the rural character of the area. This district contains significant tracts of freshwater wetlands and woodlands, agricultural and former agricultural lands, large parks, and recreation features, as well as habitats and wildlife management areas and designated conservation areas. This overlay is also intended to control suburban development and encourage agricultural and agriculturally related pursuits without impacting the economic value of the land or hampering development altogether.

The overlay district regulations will supplement the underlying zoning restrictions and provide for harmonious, safe, and orderly development within the district.

Guidelines and objectives for development.

Guidelines and objectives for environmental preservation.

The uses permitted in the Agricultural and Open Space Overlay District shall be the same uses as permitted in the underlying zoning district(s). Additional uses will be considered through a rezoning process (see new AG District).[1]

Major subdivisions for the purposes of residential development shall not be allowed.

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, and restricted to only minor subdivisions of land.

Subdivision plans must clearly depict all features identified in the Town of Hamburg Open Space/Recreation Plan and all other important environmental and cultural features in relation to the approximate locations of proposed homes and driveways on the property.

Areas with significant trees along the road frontage must be identified and preserved to the greatest extent practicable. Predetermined driveway and home locations, as required under § 280-156A(2),[1] will help to minimize tree loss during construction. Penalties and/or replacement of trees will be imposed and enforced by the Building Inspector if unauthorized tree losses occur during construction.

Creativity and flexibility in site design shall be encouraged, including variation in the configuration of lots and building setbacks, as well as the utilization of conservation easements, deed restrictions, flag lots, common driveways, curved driveways, the preservation of stone walls and hedges, and the like.

Any minor subdivision must be laid out to incorporate all important natural and cultural features; these features must be preserved to the greatest extent practicable.

Clear cutting of trees for subdivision lots shall be prohibited. In accordance with the Town of Hamburg Tree Preservation Law, 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 (including driveways, septic systems, lawns, etc.). No more than 1/2 acre of any building site shall be cleared for the construction of a single-family home. In cluster developments this requirement can be reduced by the Planning Board. Prior to construction, these areas must be properly delineated in the field and reviewed by the Town. (This requirement shall be noted on the plans.)

In certain cases, to preserve the rural character of the Agricultural and Open Space 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.

The Town will not accept any dedication of roads.

All proposed applications shall illustrate how pedestrian and bicycle traffic will be accommodated on the property.

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.

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. In granting this waiver, the Planning Board shall attach such conditions as are, in the Planning Board's judgment, necessary to secure substantially the objectives of this overlay.