Hamburg Town City Zoning Code
ARTICLE XLIV
Site Plan Review
§ 280-307 When required; exceptions.
Unless otherwise provided and as regulated by the Subdivision Regulations of the Town of Hamburg, [1] 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.
§ 280-308 Site plan waiver.
[Added 11-13-2000 by L.L. No. 8-2000]
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.
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):
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.
Accessory buildings or additions that are not visible from the road or adjoining residential uses.
A minor change in use that does not require additional parking.
Such other minor changes as determined by the Site Plan Waiver Committee.
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.
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.
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.
§ 280-309 Procedure for review and approval.
[Amended 6-14-1999 by L.L. No. 5-1999; 12-11-2006 by L.L. No. 7-2006]
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.
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]
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.
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.
§ 280-310 Authority to require additional data.
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.
§ 280-311 Submission of site plan and supporting data.
The property owner or his agent shall submit nine copies of a site plan and supporting data prepared by and bearing the official seal and signature of a licensed architect, landscape architect, civil engineer or land surveyor, which may include the following information, presented in drawn form at a scale approved by the enforcement officer of this chapter and accompanied by a written text:
Survey of the property, showing existing topographic features, including contours, large trees, buildings, structures, streets, property lines, utility easements, rights-of-way and land use, and the zoning and ownership of surrounding property.
A site plan showing proposed lots, blocks, building locations and land use areas.
Traffic circulation, parking and loading spaces and pedestrian walks.
Landscaping plans, including site grading, drainage existing and proposed landscape materials, including trees and shrubs, and their locations, identification of those materials to be removed, existing and proposed structures and all greenspace areas designed as part of the site environment. Natural site features and vegetation shall be preserved and integrated into the proposed site development wherever possible. All new trees shall have a minimum of three inches of caliper measured six inches above the ground.
Preliminary engineering plans, including street improvements, storm drainage system, public utility extensions, water supply, sanitary sewer facilities, outdoor lighting and the location of existing and proposed fire hydrants as approved by the Fire Chief or Town Engineer.
Preliminary architectural drawings for buildings to be constructed.
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 226A and Article LI of this chapter, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article LI of this chapter. The approved site plan shall be consistent with the provisions of Chapter 226A and Article LI of this chapter.
[Added 7-16-2007 by L.L. No. 4-2007]
Access management.
[Added 8-17-2015 by L.L. No. 11-2015]
General. One of the most important objectives of access management is reducing the potential for conflicts, particularly along the most heavily traveled roads. The best methods for achieving a reduction in conflicts are reducing the number of conflict points and separating through from local traffic. Land use development and transportation can be brought into balance, and conflicts can be reduced, through appropriate limitations on the number of driveways and the enforcement of driveway and corner clearance standards.
The site layout, location and design of driveways and parking areas should be based on full build-out of the parcel. Future subdivision of the parcel or any future action that is contrary to an approved plan cannot occur without prior Planning Board approval.
Properties with frontage on two or more roads do not have the right to driveway access to all such roads.
Driveways may be required to be located so as to provide shared access and/or cross-access with an abutting parcel or properties.
Shared driveways and/or cross-access driveways shall be of sufficient width (minimum 20 feet) to accommodate two-way travel for automobiles and for service and loading vehicles.
Shared driveways, cross-access driveways, interconnected parking, and private roads constructed to provide access to properties internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities shall also be recorded with the deed, where applicable.
Driveway spacing standards shall apply to driveways located on the same side of the road and shall be measured along the road from the center line of the driveway pavement to the center line of the next driveway.
Curb cuts and driveway spacing for new development or redevelopment will be evaluated by the Planning Board on a case-by-case basis to reduce conflicts and ensure traffic safety and efficiency. In certain cases, minimum spacing requirements, as deemed appropriate by the Planning Board and that comply with established state standards, shall be applied as follows:
Minimum Driveway Spacing Standards Development Size in Peak Hour Trips (pht) | ||||
|---|---|---|---|---|
Type of Road | Small: 0 to 100 pht (feet) | Moderate: 101 to 200 pht (feet) | Large: 201 or greater pht (feet) | |
Major arterial | 330 | 440 | 660 | |
Collector | 220 | 330 | 440 | |
NOTES: | ||
1. | Peak hour trips (pht) should be based on full build-out of the parcel. | |
2. | The larger of the minimum driveway spacing standards for the proposed development or for existing developments at abutting properties will apply. Driveways for in-fill development must meet the larger of the minimum driveway spacing standards for development abutting properties on both sides. | |
Corner clearance. Corner properties present special problems because they are extremely attractive to high-volume peak-hour traffic businesses whose designs often create conflict areas that overlap with the conflict area of the intersection.
Corner clearance is to be measured along the road from the center line of the driveway pavement to the closest edge of the road pavement. Where road widening is planned or anticipated in the future, corner clearance should be increased to provide for the width of the additional lane.
Driveways for corner properties shall meet or exceed the minimum corner clearance requirements as follows:
Minimum Corner Clearance Requirements | ||
|---|---|---|
Type of Access | Minimum Clearance (feet) | |
For partial access, right turns in and/or out only | 100 | |
For full access, all directional movements | 220 | |
Driveways should be located outside of the functional area of the intersection or, if this is not possible, driveways should be placed as far as possible from the intersection.
Cross-access to adjoining properties should be encouraged to the greatest extent possible.
Driveway location.
Driveway location will be based on a site plan that has been approved by the Town Planning Board in consultation with the Town Engineer and, where appropriate, the Town Highway Superintendent.
Driveways shall be located so as to meet or exceed the minimum driveway spacing standards and the minimum corner clearance standards.
The Town Planning Board may allow the location of driveways at less than the minimum driveway spacing standards and corner clearances standards if:
A dual-driveway system, cross-access driveway system or shared driveway is proposed and this improves the safe and efficient movement of traffic between the parcel and the road;
A driveway or driveways could be located so as to meet the minimum driveway spacing standards and corner clearance standards, but the characteristics of the parcel or the physical or operational characteristics of the road are such that a change of location will improve the safe and efficient movement of traffic between the parcel and the road; or
Conformance with the driveway spacing standards or corner clearance standards imposes undue and exceptional hardship on the property owner.
For properties unable to meet the minimum driveway spacing standards or corner clearance standards, a temporary driveway may be granted. The granting of a temporary driveway will be conditioned on obtaining a shared driveway, cross-access driveway or unified parking and circulation with an adjoining parcel, and closure of the temporary driveway in the future.
Landscaping.
[Added 8-17-2015 by L.L. No. 11-2015]
A detailed landscaping plan shall be included with the site plan submission. This landscape plan shall be prepared and certified by a New York State licensed landscape architect.
A minimum ground area of not less than 10% of the total site area to be developed shall be landscaped area. Five percent of internal parking areas shall be green space (landscaped islands).
For all areas, planted deciduous trees shall have a minimum of caliper of 2 1/2 inches, measured six inches above grade. All planted coniferous trees shall have a minimum height of five feet above finished grade.
All existing trees larger than six inches in diameter, groups of trees and other natural vegetation shall be incorporated into the landscape plan to the maximum extent practicable to provide natural buffering from adjacent residential properties. Efforts shall be made to preserve these features, especially along lot lines. Areas noted on the site plan for preservation must be delineated at the site and approved by the Town prior to construction. A note indicating this requirement must appear on the site plan to be approved.
Selected vegetative plantings shall be compatible with soil conditions on the development site as well as the regional climate.
Plastic or other types of artificial plantings shall not be permitted.
The landscaping design shall include the provision for pedestrian access to and from the site.
The landscape plan shall include trees and other design treatments that complement the existing streetscape design.
The arrangement and location of landscaped areas shall be dispersed throughout the development site so as to prevent unsightliness and eliminate the monotony of parked cars.
At least one tree per 30 feet of frontage shall be planted in the required forty-foot setback area. Additional trees shall be planted throughout the developed area at a ratio of one tree per 30 feet of side and rear yard dimension with the area to be developed. Trees may be spaced evenly or clustered. Acceptable trees shall be limited to those trees listed on the Town's planting list. This list is available from the Planning Department. Substitution of planting material may be approved by the Planning Board.
All required vegetative plantings shall be maintained in a healthy and productive condition and shall be routinely examined. Plant materials shall be replaced, as necessary or as directed by the Town. The Town Code Enforcement Officer shall enforce the upkeep of landscaped areas through periodic inspections and in response to complaints (two years after site plan development finalized or final CO).
Architectural standards.
[Added 8-17-2015 by L.L. No. 11-2015]
Blank walls and other dead or dull spaces at the street level shall be avoided. Visually interesting activities at the sidewalk edge shall be maintained and/or established to engage pedestrian interest.
Building frontages should be active, with large nonreflective, minimally tinted window openings at ground level.
New building forms and elevations should be detailed and articulated to create interesting rooflines and strong patterns of shade and shadow.
Large structures should be designed to reduce their perceived height and bulk by dividing the building mass into smaller-scale components.
The rear of buildings (existing and proposed) shall be enhanced, where appropriate, to improve public access from parking lots and to improve views to surrounding residential properties.
In some cases the Planning Board may ask for alternative architectural plans to be submitted.
The visibility of rooftop equipment should be minimized by grouping this equipment away from public view. If visible, it will also be necessary to screen these units.
Building designs should incorporate traditional building materials such as masonry, stone, brick and other natural appearing materials. Building colors should accent, blend with or complement the surrounding environment.
Dumpsters shall be placed on a concrete pad, and completely enclosed.
§ 280-312 Criteria for review recommendations.
The Planning Board shall review the site plan and supporting data and take into consideration the following:
Harmonious relationship between proposed uses and existing adequate uses.
Maximum safety of vehicular circulation between the site and street network.
Adequacy of interior traffic circulation and parking and loading facilities, with particular attention to vehicular and pedestrian safety.
Adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection of adjacent property and land uses.
Should changes or additional facilities be recommended by the Planning Board, recommended approval of the site plan shall be conditional upon satisfactory compliance by the property owner with the changes or additions.
In cases where any action of the Zoning Board of Appeals is required, the site plan shall be the subject of a preliminary review by the Planning Board, in accordance with the review procedure set forth above, before action is taken by the Zoning Board of Appeals. After such action by the Zoning Board of Appeals, the Planning Board shall conduct a final review of the site plan.
The Planning Board, in making its decision concerning the site plan, shall determine if a sidewalk is warranted to be placed along the site's frontage along a Town, county, or state highway. The Planning Board shall state its approval resolution the reasoning as to whether the sidewalk is or is not required for the site's frontage.
[Added 1-14-2013 by L.L. No. 1-2013]
§ 280-313 Performance bond as condition of approval.
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.
§ 280-313.1 Violations of approved 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.
§ 280-313.2 Landscaping installation certification.
[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.
§ 280-314 Site plan revisions.
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.