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5. Fully engineered plans will be prepared and submitted with a SWPPP & Engineer's Report during the Site Plan Application review process, subject to Town Engineering review. 6. Dark sky compliant lighting will be provided for the entire project site and there will not be any lighting spillover onto the residential properties to the rear of the project site. 7. The Project will require a Special Use Permit from the Planning Board and shall meet the requirements per § 280-330 of the Zoning Code. 8. Site plan approval by the Planning Board is required to ensure that the above requirements are met, and other site plan issues are addressed (including landscaping, lighting, parking lot design, building aesthetics, and other site improvements). 9. A performance bond in accordance with § 280-313 of Hamburg Town Code shall be required as a condition of site plan approval. The scope of the performance bond shall not include the building or the fueling facility improvements and the scope of the site improvements to be subject to the performance bond such as landscaping, stormwater management, etc. shall be determined based on input from the Town Engineer. 10. The Applicant shall be required to obtain a Highway Work Permit from the NYS Department of Transportation for the driveway connection onto Big Tree Road and if a Highway Work Permit for the driveway connection onto Big Tree Road cannot be obtained, the Town Board expressly reserves the right to re-evaluate the appropriateness of the C-2 zoning of the property. 11. In the event construction of the project has not commenced within three years, the Town Board expressly reserves the right to re-evaluate the appropriateness of the C-2 zoning of the property. 12. Conditions No. 1 to 11 as set forth herein shall be subject to a Declaration of Restrictions at the Erie County Clerk’s Office to be recorded when the Applicant closes on the purchase of the property. A recorded copy of the Declaration of Restrictions shall be provided to the Planning Department upon recording at the Erie County Clerk’s Office. Be It Further Resolved, that the Zoning Code of the Town of Hamburg be amended as follows: To amend Local Law #10 of the year 1986 of the Code of the Town of Hamburg Chapter 280 entitled "Zoning" to provide for a change in the boundary of the Zoning Map whereby the Zoning is changed from C-1 to C-2 for the property identified by SBL # 160.18-1-9.1. ATTACHMENTS: Site 2025 - 094-C101 SITE DEVELOPMENT PLAN (2).pdf 104