§ 272-2. General requirements for development.

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.