Hamburg Town City Zoning Code
ARTICLE XXXIE
Southeastern Hamburg Overlay District
[Added 4-24-2023 by L.L. No. 6-2023]
§ 280-220.38 Purpose and intent.
In accordance with the recommendations and policies of the Town of Hamburg Comprehensive Plan, the purpose of this overlay district is to preserve the rural character of the area. This overlay is also intended to manage development within the district to protect important environmental resources, including scenic views and vistas, and encourage bicycle and pedestrian access to the Village of Hamburg. The overlay regulations will supplement the underlying zoning restrictions and provide for harmonious, safe, and orderly development within the district.
§ 280-220.39 Boundary description.
The Southeastern Hamburg Overlay District shall encompass all that land area that is located east of East Eden Road; south and east of the boundary of the Incorporated Village of Hamburg; south of Newton Road; west and southwest of the boundary of the Town of Orchard Park; and north of the boundary with the Towns of Boston and Eden.
§ 280-220.40 Objectives.
The special regulations contained herein, which govern all proposed development and redevelopment within the boundaries of the Southeastern Hamburg Overlay District, shall be founded upon the following objectives.
Rural development guidelines and objectives.
Land use decisionmaking shall consider a wide variety of uses through the implementation of impact criteria to prevent potential adverse effects to adjoining properties and allow for more flexibility and creativity in design.
Land use controls shall separate density from lot size, allowing for small lots, provided that overall density guidelines are maintained, thereby preserving open space and furthering the goals of the Town of Hamburg Comprehensive Plan.
Commercial development shall be concentrated in existing commercial areas rather than spread out in strips along roadways to preserve the rural character of the district.
Development shall be set back from roadways and adjacent agricultural development to preserve the rural character of the district. The aesthetics and layout of proposed development should be reviewed to prevent the area from taking on a suburban appearance.
Agriculture, agricultural-related uses and agritourism uses shall be encouraged.
Environmental protection guidelines and objectives.
The amount of land clearing shall be minimized, and development shall be designed around significant resources on site, i.e., wetlands, steep slopes, scenic vistas, floodplain boundaries and wooded areas, to manage growth and achieve a more desirable environment than what would be possible through the strict application of the existing zoning.
Development should be concentrated in areas already developed to control suburban sprawl and further the goals of the Town of Hamburg Comprehensive Plan.
The amount of land clearing should be limited, and development should be designed around important natural resources on site.
Conservation easements should be utilized, to the greatest extent practicable, to preserve significant natural resources on developable lands.
More stringent environmental review should be undertaken for development of properties that contain extensive woodlands or other important natural resources. More stringent environmental review is mandated along the 18 Mile Creek corridor.
§ 280-220.41 Permitted uses.
The uses permitted in the Southeastern Hamburg Overlay District shall be the same uses permitted in the underlying zoning district(s). Interpretation of allowable uses and rezoning of lands (especially to the new AG District) will favor those uses that are agricultural-related, including agritourism businesses.
Clustered development shall be encouraged, and in certain cases required, in accordance with the provision of § 280-282A of the Town of Hamburg Zoning Ordinance.
§ 280-220.42 Permitted accessory uses.
The accessory uses permitted in the Southeastern Hamburg Overlay District shall be the same as the accessory uses permitted in the underlying zoning district(s).
§ 280-220.43 Subdivision regulations.
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.
§ 280-220.44 Site design conditions.
Development and redevelopment in the Southeastern Hamburg Overlay District shall comply with the following:
No clear-cutting of trees; removal of trees must be minimized. Areas where trees will be removed must be shown on the site plan or subdivision plan submitted.
In accordance with the Town of Hamburg Tree Preservation Ordinance, 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, other structures, driveways, and septic systems. Penalties and/or tree replacement will be imposed and enforced by the Building Inspector if unauthorized tree losses occur during construction Furthermore, no more than 1/2 acre of any building site may be cleared for the construction of a single-family home in the district.
Subdivision plats and site plans must clearly depict all features identified in the Town of Hamburg Open Space/Recreation Plan and the Comprehensive Plan, and all other important environmental and cultural features in relation to the approximate location of proposed homes on the property. Special consideration shall be given to the important views and vistas in this area (to be illustrated on any plan submitted).
Creativity and flexibility in site design shall be encouraged, including variation in the configuration of lots (clustering) and building setbacks, as well as the utilization of conservation easements, deed restrictions, flag lots, common and curved driveways, the preservation of stone walls and hedges, and the like.
In certain cases, to preserve the rural character of the Southeastern Hamburg 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.
Standard road frontage lots shall be discouraged. Where road frontage lots are proposed, the bulk requirements for frontage and lot size shall be increased by 25%, and these lots must be laid out to encourage the preservation of all important environmental and cultural features.
Entrances to proposed subdivisions must be designed in a manner that will discourage extended views of the subdivision. Corner lots at entrance points shall front on the new entrance road, and these homes will be set back a minimum of 100 feet from the intersection.
All proposed applications shall illustrate how pedestrian and bicycle traffic will be accommodated on the property and, if applicable, provide/enhance connections to the Village of Hamburg.
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 all major and minor subdivisions, and multiple-dwelling structures located in the Southeastern 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. Installation shall be in the manner prescribed by the Building Code and utility company having jurisdiction. Where facilities are provided, they shall be planned to anticipate future utility needs.