Town Board Regular Meeting Agenda, Mar 23, 2026 — Agenda (full text)
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Agenda
Natalie E. Nitsche Town Clerk
Town Board of the Town of Hamburg
March 23, 2026
1. Roll Call
2. Pledge of Allegiance
3. Minutes of Previous Meeting
RESOLVED, that the Town Board does hereby approve the minutes of the previous meeting as
follows: March 9,2026
4. Agenda Items
4.1. Proclamation Honoring Jessica Underberg
4.2. Public Hearing Proposed Local Law #5, 2026
4.3. Nike Facility Easement
4.4. Annual Grass Cutting Bid
4.5. Out of Town Travel-Recreation
4.6. Schedule Public Hearing to Amend Ch. 65 of the Hamburg Town Code
4.7. Youth, Recreation, & Senior Services P.A.F.
4.8. B&G Budget Transfer
4.9. B&G Toro Greensmaster
4.10. POLICE - Out of Town Travel Request
4.11. B&G Olympia Ice Resurface Machine
4.12. Clerk's Office Fee Schedule
4.13. Amended LWRP Rezonings SEQR and Adoption Resolution (Camp Road and St.
Francis Drive)
4.14. Chapter 34 SEQR and Adoption Resolution
4.15. Chapter 31 Amendments SEQR and Adoption Resolution
4.16. Cybersecurity Conference
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4.17. LGRMIF Grant Application
5. Public Comment
6. Meeting is adjourned by Supervisor
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.1. Proclamation Honoring Jessica Underberg
Whereas, Jessica Underberg has demonstrated outstanding leadership and dedication to the Erie County
Fair and the broader agricultural community through her role as Chief Executive Officer and Fair
Manager since 2017; and
Whereas, under her leadership, the Erie County Fair has continued to grow in excellence and reputation,
earning 26 International Association of Fairs and Expositions (IAFE) awards in 2025 for achievements
in agricultural programming, marketing, facilities, and competitive exhibits; and
Whereas, Jessica’s commitment to innovation, tradition, and community engagement has strengthened
one of Western New York’s most cherished institutions, ensuring its continued success for generations
to come; and
Whereas, on December 1, 2025, Jessica was inducted into the International Association of Fairs and
Expositions Hall of Fame during the IAFE Convention and Trade Show in Denver, Colorado, receiving
the organization’s highest honor; and
Whereas, the IAFE Hall of Fame Award recognizes individuals whose distinguished careers exemplify
exceptional leadership, unwavering commitment, and invaluable service to the fair industry; and
Whereas, IAFE President and CEO David Grindle noted that Jessica embodies the spirits of dedication
and excellence that advances the industry while preserving its proud traditions; and
Whereas, Jessica’s accomplishments bring great pride to the Erie County Agricultural Society, the Erie
County Fair, and the entire Western New York Community; and
Now, Therefore, Be It Resolved, that we do hereby recognize and honor Jessica Underberg for her
remarkable achievements, her leadership, and her lasting contributions to the fair industry and the
community; and
Be It Further Resolved, that this proclamation stands as a tribute to their induction into the International
Association of Fairs and Expositions Hall of Fame and in appreciation for her continued service,
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dedication, and excellence.
In Witness Whereof, we have caused the seal of the Town of Hamburg to be affixed this 23 rd day of
March 2026.
____________________________________________
Elizabeth Farrell Lorentz, Supervisor
Dan Kozub, Councilmember
Frank Bogulski, Councilmember
Lynne Dixon, Councilmember
Nick Ortiz, Councilmember
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.2. Public Hearing Proposed Local Law #5, 2026
Legal Notice
Town of Hamburg
Notice of Hearing Proposed Local Law #5, 2026
PLEASE TAKE NOTICE that there has been presented to the Town Board of the Town of Hamburg
on March 9, 2026, pursuant to the Municipal Home Rule Law, a proposed local law to be known as
proposed local law #5, 2026; the proposed local law amends Chapter 31 of the Hamburg Town Code
currently entitled “Historic Preservation Commission.”
A detailed copy of the proposed amendments will be available, for public review, during regular
business hours at the following locations:
HAMBURG TOWN HALL
Town Clerk’s Office
6100 South Park Avenue
Hamburg, New York 14075
And on the Town of Hamburg’s website:
www.townofhamburgny.gov Click on Legal Notices & Bid
THEREFORE, pursuant to the statutes and the provisions of the Municipal Home Rule Law, the Town
Board of the Town of Hamburg will hold a public hearing on the aforesaid law, at the Hamburg Town
Hall, 6100 South Park Avenue, Hamburg, New York, at 7:00 p.m. on March 23, 2026, at which time all
persons interested may be heard.
Dated: March 9, 2026 Natalie Nitsche
Town Clerk
Town of Hamburg
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.3. Nike Facility Easement
WHEREAS, the Town owns multiple parcels known as the Nike Recreational Facility; and
WHEREAS, the Senior & Community Center is currently under construction on the parcels, which will
include a new septic system; and
WHEREAS, the new septic system will be located on a different parcel than the main building and as
such the Town must grant an easement for the septic system between the two parcels in order to obtain
approval of the septic system by the Erie County Department of Health.
NOW THEREFORE BE IT RESOLVED, that the Town Board authorizes the supervisor to sign the
attached easement and the form and map to be filed with the County Clerk’s office.
ATTACHMENTS:
03-23-2026 Sr & Com Center Septic Easement.pdf
DOC031926.pdf
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SEPTIC SYSTEM/SANITARY EASEMENT
This agreement made this _______ day of March, 2026, by and between the
TOWN OF HAMBURG, a municipal corporation organized and existing under the laws
of the State of New York, party of the First Part, and the TOWN OF HAMBURG, a
municipal corporation organized and existing under the laws of the State of New York,
party of the Second Part:
WITNESSETH:
That the party of the First Part, for and in consideration of the sum of One Dollar
($1.00) paid by the party of the Second Part hereby grant and release and convey to the
party of the Second Part, its successors and assigns:
The perpetual right-of-way and easement and right to construct, reconstruct,
maintain, operate and repair, and replace a septic system and related sanitary sewer
lateral and to construct appurtenant structures therein as the party of the Second Part may
deem necessary or desirable through and across the property, generally described as
follows:
ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Hamburg,
County of Erie, and State of New York, being part of Lot 32, Township 9,
Range 8 and being more particularly bounded and described as follows:
Part of parcel S.B.L. No. 194.00-4-16.
Being an 80 ft by 190 ft easement for all septic system features as shown on the
attached map.
The party of the Second Part shall have free ingress and egress to the above-
mentioned right-of-way and easement for all purposes of the right-of-way and easement.
The party of the Second Part hereby agrees to repair and damage caused to the
above mentioned right-of-way and easement, not encompassed by the work itself, by the
operations of the party of the Second Part, its agents, contractors, or employees, and after
disturbing land surfaces subject to the right-of-way or easement adjacent to the work
done to restore these areas as nearly practicable to their original condition.
Reserving, however, to the party of the First Part the use of the right-of-way and
easement except for the erection of buildings, fences or other structures or the planting of
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trees, shrubs on the right-of-way, provided the use shall not, in the opinion of the party of
the Second Part, interfere with the rights herein granted.
TO HAVE AND TO HOLD the right-of-way and easement herein granted unto
the party of the Second Part, its successors and assigns, including all installations and
appurtenances.
AND the party of the First Part covenant as follows:
FIRST: That the party of the First Part is seized of the premises in fee simple, and
good right to convey the same.
SECOND: That the party of the Second Part shall quietly enjoy the right-of-way
and easements.
THIRD: That the premises are free and clear from all encumbrances.
FOURTH: That the party of the First Part will execute or procure any further
necessary assurances of the title to the right-of-way and easements.
This indenture shall be binding on the respective executors, administrators,
successors and assigns of the respective parties.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals the
day and the year first written above.
TOWN OF HAMBURG
BY:________________________________
Elizabeth Farrell-Lorentz, Supervisor
State of New York)
County of Erie) ss:
On this ____ day of March, in the year 2026, before me the undersigned,
personally appeared ____________________ personally known to me or proved to me
on the basis of satisfactory evidence to be the individuals whose names are subscribed to
the within instrument and acknowledged to me that they executed the same in their
capacity, that by their signature on the instrument, the individual or the person upon
behalf of which the individual acted, executed the instrument.
_________________________________
Notary Public, Erie County, New York
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.4. Annual Grass Cutting Bid
WHEREAS, the Town of Hamburg Code Enforcement Department is responsible for the enforcement
of Town of Hamburg Local Law No. 9-1974 (Chapter 75) Brush, Grass and Weeds, Village of
Hamburg Local Law No. 3 – 1998 Section 182-2 and Village of Blasdell Chapter 95 Article 1 and such
services to perform cutting of grass and weeds on private property as required.
BE IT RESOLVED, that the Town Clerk is authorized to advertise for sealed bids entitled “Hamburg
Code Enforcement 2026 Annual Contract for Grass/Weed Cutting Services”
Sealed bids must be received at Hamburg Town Hall, Town Clerk’s Office, 6100 South Park Avenue,
Hamburg, New York 14075, and said bid will be publicly opened and read aloud on
April 28, 2026 at 11:30 a.m. in Conference Room (Building Inspection) Mailed bids should be sent to:
Town of Hamburg, Attn: Town Clerk 6100 South Park Avenue, Hamburg, New York 14075.
Please mark clearly on the envelope: Bid Enclosed – “Hamburg Code Enforcement 2026 Annual
Contract for Grass/Weed Cutting Services”
Charged to Clean up of properties A3620.469
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.5. Out of Town Travel-Recreation
WHEREAS, the Town Board approves the out-of-town travel for Martin Denecke, who attended the
Certified Playground Safety Inspector Course from March 4, 2026, through March 6, 2026; and
WHEREAS, actual and necessary expenses incurred in attending this training school, including
registration fee, are proper municipal charges under Town Law §116(12) and General Municipal Law
§77(b).
NOW THEREFORE BE IT RESOLVED, the Hamburg Town Board approves reimbursement of
expenses for Martin Denecke’s attendance at the Certified Playground Safety Inspector Course as
follows: Registration: $815; one (1) night hotel @ $65.81 per night and two (2) nights @ 148.45 per
night; and three (3) days of meals @ up to $65.00 per day.
Funds are available in account A7020.0492
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.6. Schedule Public Hearing to Amend Ch. 65 of the Hamburg Town Code
Whereas, the Hamburg Town Code contains and specifies the local laws and ordinances of the Town of
Hamburg; and
WHEREAS, the Code Review Committee reviewed various regulations of the Town of Hamburg Code
and has sent these suggested revisions to the Town Board to begin the adoption process; and
BE IT RESOLVED that the Town Clerk is authorized to schedule a public hearing on a Proposed Local
Law. The proposed local law would provide for amendments to the Hamburg Town Code in accordance
with the recommendations of the Town of Hamburg Code Review Committee, specifically:
The purpose of this local law is to amend the provisions of Chapter 65 of the Code of the Town of
Hamburg entitled "Alarm Systems", specifically §65-6. Avoidable Alarms, §65-7 Enforcement, §65-8
Penalties for offense and §65-9 Fines
BE IT FURTHER RESOLVED that, in accordance with the State Environmental Quality Review Act
(SEQRA), the Town Board will seek Lead Agency status for this proposed legislation and authorizes
the Planning Department to perform the appropriate mailings and notifications.
Be It Further Resolved, that the Hamburg Town Board hereby authorizes the referral of these proposed
Code amendments to Erie County; and
Be It Finally Resolved, that the Hamburg Town Board sets a Public Hearing on these proposed Code
amendments at the Hamburg Town Hall, 6100 South Park Avenue, Hamburg, NY at 7:00 pm on April
27, 2026.
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.7. Youth, Recreation, & Senior Services P.A.F.
BE IT RESOLVED, that the Town Board approve the termination and hiring of personnel for the
Youth, Recreation & Senior Services Department as follows:
ATTACHMENTS:
scan_2026_03_19_11_22_22_415.pdf
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.8. B&G Budget Transfer
BE IT RESOLVED, that the Town Board approves the following transfer to be made from A.1620.440
to A.8160.440 for the amount of $450.00. Funds are to cover invoices paid to Farmer Pirates Compost
LLC as grant funding has ended.
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.9. B&G Toro Greensmaster
BE IT RESOLVED, that the Town Board authorizes the Buildings and Grounds Department to
purchase a new Toro Greensmaster 3150Q for the total amount of $50,482.01, per NYS Contract
PC69682 from Grassland Equipment & Irrigation Corp. Purchase is on a lease-to-own basis with five
(5) annual payments of $11,263.54.
Funds are available in account A.7183.201 and A.7183.413, to be transferred to A.7183.478.
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.10. POLICE - Out of Town Travel Request
WHEREAS, the 2026 Beyond the Badge Health & Wellness Summit is being held Tuesday, April 7,
2026 to Wednesday, April 8, 2026 at the Cheswold Volunteer Fire Department in Cheswold, Delaware,
and;
WHEREAS, Captain Todd Ehret will be a presenter at the Summit, and;
WHEREAS, all accommodations as well as meals are provided, and;
NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes Captain Todd Ehret to attend the
2026 Beyond the Badge Health & Wellness Summit with no cost to the Town of Hamburg.
ATTACHMENTS:
2026 Beyond the Badge Health and Wellness Summit.pdf
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.11. B&G Olympia Ice Resurface Machine
BE IT RESOLVED, that the Town Board approves the purchase of one (1) Olympia Ice Resurface
Machine for the amount of $130,778.00, after trade-in, from CTM Services, Inc. (Sole Source).
Purchase is on a lease-to-own basis with one down payment of $27,817.80 and four (4) additional
annual payments.
Funds available in account A.1640.201 and A.7185.413 to be transferred to A.7141.478.
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.12. Clerk's Office Fee Schedule
BE IT RESOLVED that the Town Board approves the attached fee schedule for the Town Clerk’s
office.
ATTACHMENTS:
Schedule of Fees for Town of Hamburg Clerk.docx
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Schedule of Fees for Town of Hamburg Clerk’s Office:
Dog Licenses :
$18.00-unfixed canine
$15.00-unfixed dog with senior discount (65+)
$11.00-fixed canine
$8.00-fixed dog with senior discount (65+)
Genealogical Research: (i.e. applying for dual citizenship, etc.)
1-3 years $22.00 31-40 years $102.00
4-10 years $42.00 41-50 years $122.00
11-20 years $62.00 51-60 years $142.00
21-30 years $82.00 61-70 tears $162.00
Vital Records:
Certified Copy of Marriage Certificates $10.00
Marriage License: $40.00 ($17.50 for active-duty members)
One-Day Marriage Ceremony Officiant License - $25.00
Death Certificates: $10.00
Birth Certificates $10.00
Solid Waste Garbage Licensing:
$400.00 per license & includes 1 truck
$75.00 per additional truck
FOIL:
Per sheet of paper $0.25
CD records $1.00
Thumb drive records $2.00
** plus cost of postage**
Permits:
Peddler Permits: $100.00 per employee
Transient Merchant: $500.00 per day
Firework Display Permit Fee: $100.00
Misc.
Maps: $5.00
Copies $0.25 per sheet
Non-Resident Notary Fee $2.00
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.13. Amended LWRP Rezonings SEQR and Adoption Resolution (Camp Road and St. Francis Drive)
WHEREAS, the Town of Hamburg has completed a draft amendment of the Town’s Local Waterfront
Revitalization Program (LWRP) and is proceeding towards adoption; and
WHEREAS, the New York State Department of State (NYSDOS) has recommended that the Town
adopt amendments to the Zoning Map as outlined in Section V of the draft LWRP, prior to adopting the
LWRP amendment; and
WHEREAS, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law
which proposes to amend the Town’s Zoning Map as follows:
Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board
amends the Town Zoning map as follows (as illustrated on the attached maps):
Rezone SBL #: 159.18-3-24 from C-3 (Office District) to NC (Neighborhood Commercial
General Residence District)
Rezone SBL #s: 159.18-3-25, 159.18-3-22, 159.18-3-21, 159.18-3-19, 159.18-3-18, and 159.18-
3-17 from C-3 (Office District) to R-3 (Multifamily Residence District); and
WHEREAS, amendments were made to rezone SBL #s: (159.18-3-25, 159.18-3-22, 159.18-3-21,
159.18-3-19, 159.18-3-18, and 159.18-3-17) which are homes along St. Francis Drive from C-3 to R-3
instead of R-1, due to some property owners having two-family dwellings on their parcel, which are not
allowed in R-1, but are allowed in R-3, as well as matching the existing R-3 zoning in Athol Springs to
the north; and
WHEREAS, an amendment was made to rezone SBL #: 159.18-3-24 to NC which is currently vacant,
to allow for the flexibility of a single-family home or a low-intensity commercial use that meets the
existing neighborhood character; and
WHEREAS, a public hearing was held regarding these zoning map amendments on January 26, 2026,
and comments were received and acknowledged from the public; and
WHEREAS, the required § 239-m County Referral was completed and no objections were received;
and
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WHEREAS, the Hamburg Town Board, in accordance with Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental
Conservation Law, previously established itself as Lead Agency, conducted a coordinated
environmental review, and issued a SEQR Negative Declaration.
NOW THEREFORE BE IT 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-3 (Office District) to NC (Neighborhood Commercial General Residence District) and R-3
(Multifamily Residence District) for the properties indicated above (see attached amended map as
referenced above and attached).
ATTACHMENTS:
11x17 Hamburg Rezoning Inset Map 3.pdf
FEAF Part 1 - Amended 2026 Hamburg LWRP Rezonings Camp Road and St Francis Drive.pdf
FEAF Part 2 - Amended 2026 Hamburg LWRP Rezonings Camp Road and St Francis Drive.pdf
FEAF Part 3 - Amended 2026 Hamburg LWRP Rezonings Camp Road and St Francis Drive.pdf
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Town of Hamburg
2025 Hamburg LWRP Proposed Rezonings Map 3
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any information or data furnished hereunder. Data Sources: Erie County GIS, NYS GIS Program Office, Town of Hamburg, Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Esri, HERE,
Garmin, (c) OpenStreetMap contributors, and the GIS user community
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Full Environmental Assessment Form
Part 1 - Project and Setting
Instructions for Completing Part 1
Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding,
are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to
any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist,
or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to
update or fully develop that information.
Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that
must be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If the
answer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any
additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information
contained in Part 1is accurate and complete.
A. Project and Applicant/Sponsor Information.
Name of Action or Project:
2026 Amended Hamburg LWRP Rezonings (Camp Road and St. Francis Drive)
Project Location (describe, and attach a general location map):
Various Areas in the Hamburg Waterfront Revitalization Area (WRA)
Brief Description of Proposed Action (include purpose or need):
The proposed action involves implementing recommendations from the draft 2025 Hamburg LWRP to:
•Rezone SBL #: 159.18-3-24 from C-3 (Office District) to NC (Neighborhood Commercial General Residence District)
•Rezone SBL #s: 159.18-3-25, 159.18-3-22, 159.18-3-21, 159.18-3-19, 159.18-3-18, and 159.18-3-17 from C-3 (Office District) to R-3 (Multifamily
Residence District).
Amendments were made to rezone SBL #s: (159.18-3-25, 159.18-3-22, 159.18-3-21, 159.18-3-19, 159.18-3-18, and 159.18-3-17) which are homes along
St. Francis Drive from C-3 to R-3 instead of R-1, due to some property owners having two-family dwellings on their parcel, which are not allowed in R-1,
but are allowed in R-3, as well as matching the existing R-3 zoning in Athol Springs to the north.
An amendment was made to rezone SBL #: 159.18-3-24 to NC which is currently vacant, to allow for the flexibility of a single-family home or a
low-intensity commercial use that meets the existing neighborhood character.
Name of Applicant/Sponsor: Telephone: 716-649-6111
Town of Hamburg E-Mail:
Address: 6100 South Park Avenue
City/PO: Hamburg State: Zip Code:
NY 14075
Project Contact (if not same as sponsor; give name and title/role): Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
Property Owner (if not same as sponsor): Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
Page 1 of 13
FEAF 2019
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B. Government Approvals
B. Government Approvals, Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financial
assistance.)
Government Entity If Yes: Identify Agency and Approval(s) Application Date
Required (Actual or projected)
a. City Council, Town Board, 9 ✔ Yes 9 No Town Board Approval
or Village Board of Trustees
b. City, Town or Village 9 Yes ✔
9 No
Planning Board or Commission
c. City, Town or 9 Yes ✔
9 No
Village Zoning Board of Appeals
d. Other local agencies 9 Yes ✔
9 No
e. County agencies 9 Yes 9 No
✔ County 239 referral
f. Regional agencies 9 Yes ✔
9 No
g. State agencies ✔
9 Yes 9 No DOS Approval
h. Federal agencies 9 Yes ✔
9 No
i. Coastal Resources.
i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? 9 Yes 9 No
✔
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ✔
9 Yes 9 No
iii. Is the project site within a Coastal Erosion Hazard Area? 9 Yes 9 No
✔
C. Planning and Zoning
C.1. Planning and zoning actions.
Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the 9 Yes 9 No
✔
only approval(s) which must be granted to enable the proposed action to proceed?
• If Yes, complete sections C, F and G.
• If No, proceed to question C.2 and complete all remaining sections and questions in Part 1
C.2. Adopted land use plans.
a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ✔
9 Yes 9 No
where the proposed action would be located?
If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action 9 Yes 9 No
✔
would be located?
b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; 9 Yes 9 No
✔
Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan;
or other?)
If Yes, identify the plan(s):
_______________________________________________________________________________________________________
NYS Heritage Area: West Erie Canal Corridor
________________________________________________________________________________________________________
________________________________________________________________________________________________________
9 Yes 9 No
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ✔
or an adopted municipal farmland protection plan?
If Yes, identify the plan(s):
Open ________________________________________________________________________________________________________
Space and Greenspace Plan
________________________________________________________________________________________________________
________________________________________________________________________________________________________
Page 2 of 13
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C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. 9 Yes 9 No
✔
If Yes, what is the zoning classification(s) including any applicable overlay district?
C-3 _________________________________________________________________________________________________________
_________________________________________________________________________________________________________
b. Is the use permitted or allowed by a special or conditional use permit? 9 Yes 9 No
c. Is a zoning change requested as part of the proposed action? ✔9 Yes 9 No
If Yes,
i. What is the proposed new zoning for the site? NC and R-3
___________________________________________________________________
C.4. Existing community services.
a. In what school district is the project site located? Frontier
________________________________________________________________
CSD and Hamburg CSD
b. What police or other public protection forces serve the project site?
_________________________________________________________________________________________________________
Hamburg Police and Erie County Sheriff's
c. Which fire protection and emergency medical services serve the project site?
All __________________________________________________________________________________________________________
Fire Districts in the Hamburg WRA
d. What parks serve the project site?
__________________________________________________________________________________________________________
All parks in the Hamburg WRA
__________________________________________________________________________________________________________
D. Project Details
D.1. Proposed and Potential Development
a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all
components)?
_________________________________________________________________________________________________________
b. a. Total acreage of the site of the proposed action? _____________ acres
b. Total acreage to be physically disturbed? _____________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? _____________ acres
c. Is the proposed action an expansion of an existing project or use? 9 Yes 9 No
i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,
square feet)? % ____________________ Units: ____________________
d. Is the proposed action a subdivision, or does it include a subdivision? 9 Yes 9 No
If Yes,
i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)
________________________________________________________________________________________________________
ii. Is a cluster/conservation layout proposed? 9 Yes 9 No
iii. Number of lots proposed? ________
iv. Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________
e. Will the proposed action be constructed in multiple phases? 9 Yes 9 No
i. If No, anticipated period of construction: _____ months
ii. If Yes:
• Total number of phases anticipated _____
• Anticipated commencement date of phase 1 (including demolition) _____ month _____ year
• Anticipated completion date of final phase _____ month _____year
• Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases: _______________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
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f. Does the project include new residential uses? 9 Yes 9 No
If Yes, show numbers of units proposed.
One Family Two Family Three Family Multiple Family (four or more)
Initial Phase ___________ ___________ ____________ ________________________
At completion
of all phases ___________ ___________ ____________ ________________________
g. Does the proposed action include new non-residential construction (including expansions)? 9 Yes 9 No
If Yes,
i. Total number of structures ___________
ii. Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length
iii. Approximate extent of building space to be heated or cooled: ______________________ square feet
h. Does the proposed action include construction or other activities that will result in the impoundment of any 9 Yes 9 No
liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage?
If Yes,
i. Purpose of the impoundment: ________________________________________________________________________________
ii. If a water impoundment, the principal source of the water: 9 Ground water 9 Surface water streams 9 Other specify:
_________________________________________________________________________________________________________
iii. If other than water, identify the type of impounded/contained liquids and their source.
_________________________________________________________________________________________________________
iv. Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres
v. Dimensions of the proposed dam or impounding structure: ________ height; _______ length
vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete):
________________________________________________________________________________________________________
D.2. Project Operations
a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? 9 Yes 9 No
(Not including general site preparation, grading or installation of utilities or foundations where all excavated
materials will remain onsite)
If Yes:
i .What is the purpose of the excavation or dredging? _______________________________________________________________
ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site?
• Volume (specify tons or cubic yards): ____________________________________________
• Over what duration of time? ____________________________________________________
iii. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them.
________________________________________________________________________________________________________
________________________________________________________________________________________________________
iv. Will there be onsite dewatering or processing of excavated materials? 9 Yes 9 No
If yes, describe. ___________________________________________________________________________________________
________________________________________________________________________________________________________
v. What is the total area to be dredged or excavated? _____________________________________acres
vi. What is the maximum area to be worked at any one time? _______________________________ acres
vii. What would be the maximum depth of excavation or dredging? __________________________ feet
viii. Will the excavation require blasting? 9 Yes 9 No
ix. Summarize site reclamation goals and plan: _____________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment 9 Yes 9 No
into any existing wetland, waterbody, shoreline, beach or adjacent area?
If Yes:
i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic
description): ______________________________________________________________________________________________
_________________________________________________________________________________________________________
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ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or
alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
iii. Will the proposed action cause or result in disturbance to bottom sediments? Yes 9 No
If Yes, describe: __________________________________________________________________________________________
iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? 9 Yes 9 No
If Yes:
• acres of aquatic vegetation proposed to be removed: ___________________________________________________________
• expected acreage of aquatic vegetation remaining after project completion:________________________________________
• purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________
____________________________________________________________________________________________________
• proposed method of plant removal: ________________________________________________________________________
• if chemical/herbicide treatment will be used, specify product(s): _________________________________________________
v. Describe any proposed reclamation/mitigation following disturbance: _________________________________________________
_________________________________________________________________________________________________________
c. Will the proposed action use, or create a new demand for water? 9 Yes 9 No
If Yes:
i. Total anticipated water usage/demand per day: __________________________ gallons/day
ii. Will the proposed action obtain water from an existing public water supply? 9 Yes 9 No
If Yes:
• Name of district or service area: _________________________________________________________________________
• Does the existing public water supply have capacity to serve the proposal? 9 Yes 9 No
• Is the project site in the existing district? 9 Yes 9 No
• Is expansion of the district needed? 9 Yes 9 No
• Do existing lines serve the project site? 9 Yes 9 No
iii. Will line extension within an existing district be necessary to supply the project? 9 Yes 9 No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project: ________________________________________
____________________________________________________________________________________________________
• Source(s) of supply for the district: ________________________________________________________________________
iv. Is a new water supply district or service area proposed to be formed to serve the project site? 9 Yes 9 No
If, Yes:
• Applicant/sponsor for new district: ________________________________________________________________________
• Date application submitted or anticipated: __________________________________________________________________
• Proposed source(s) of supply for new district: _______________________________________________________________
v. If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________
_________________________________________________________________________________________________________
vi. If water supply will be from wells (public or private), what is the maximum pumping capacity: _______ gallons/minute.
d. Will the proposed action generate liquid wastes? 9 Yes 9 No
If Yes:
i. Total anticipated liquid waste generation per day: _______________ gallons/day
ii. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and
approximate volumes or proportions of each): __________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
iii. Will the proposed action use any existing public wastewater treatment facilities? 9 Yes 9 No
If Yes:
• Name of wastewater treatment plant to be used: _____________________________________________________________
• Name of district: ______________________________________________________________________________________
• Does the existing wastewater treatment plant have capacity to serve the project? 9 Yes 9 No
• Is the project site in the existing district? 9 Yes 9 No
• Is expansion of the district needed? 9 Yes 9 No
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• Do existing sewer lines serve the project site? 9 Yes 9 No
• Will a line extension within an existing district be necessary to serve the project? 9 Yes 9 No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project: ____________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? 9 Yes 9 No
If Yes:
• Applicant/sponsor for new district: ____________________________________________________________________
• Date application submitted or anticipated: _______________________________________________________________
• What is the receiving water for the wastewater discharge? __________________________________________________
v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed
receiving water (name and classification if surface discharge or describe subsurface disposal plans):
________________________________________________________________________________________________________
________________________________________________________________________________________________________
vi. Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point 9 Yes 9 No
sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point
source (i.e. sheet flow) during construction or post construction?
If Yes:
i. How much impervious surface will the project create in relation to total size of project parcel?
_____ Square feet or _____ acres (impervious surface)
_____ Square feet or _____ acres (parcel size)
ii. Describe types of new point sources. __________________________________________________________________________
_________________________________________________________________________________________________________
iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties,
groundwater, on-site surface water or off-site surface waters)?
________________________________________________________________________________________________________
________________________________________________________________________________________________________
• If to surface waters, identify receiving water bodies or wetlands: ________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
• Will stormwater runoff flow to adjacent properties? 9 Yes 9 No
iv. Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? 9 Yes 9 No
f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel 9 Yes 9 No
combustion, waste incineration, or other processes or operations?
If Yes, identify:
i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles)
_________________________________________________________________________________________________________
ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers)
________________________________________________________________________________________________________
iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation)
________________________________________________________________________________________________________
g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, 9 Yes 9 No
or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet 9 Yes 9 No
ambient air quality standards for all or some parts of the year)
ii. In addition to emissions as calculated in the application, the project will generate:
• ___________Tons/year (short tons) of Carbon Dioxide (CO2)
• ___________Tons/year (short tons) of Nitrous Oxide (N2O)
• ___________Tons/year (short tons) of Perfluorocarbons (PFCs)
• ___________Tons/year (short tons) of Sulfur Hexafluoride (SF6)
• ___________Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs)
• ___________Tons/year (short tons) of Hazardous Air Pollutants (HAPs)
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h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, 9 Yes 9 No
landfills, composting facilities)?
If Yes:
i. Estimate methane generation in tons/year (metric): ________________________________________________________________
ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or
electricity, flaring): ________________________________________________________________________________________
_________________________________________________________________________________________________________
i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as 9 Yes 9 No
quarry or landfill operations?
If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust):
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial 9 Yes 9 No
new demand for transportation facilities or services?
If Yes:
i. When is the peak traffic expected (Check all that apply): Morning Evening Weekend
Randomly between hours of __________ to ________.
ii. For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): _____________
________________________________________________________________________________________________________
iii. Parking spaces: Existing ___________________ Proposed ___________ Net increase/decrease _____________________
iv. Does the proposed action include any shared use parking? Yes No
v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe:
________________________________________________________________________________________________________
vi. Are public/private transportation service(s) or facilities available within ½ mile of the proposed site? 9 Yes 9 No
vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric 9 Yes 9 No
or other alternative fueled vehicles?
viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing 9 Yes 9 No
pedestrian or bicycle routes?
k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand 9 Yes 9 No
for energy?
If Yes:
i. Estimate annual electricity demand during operation of the proposed action: ____________________________________________
_________________________________________________________________________________________________________
ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or
other):
________________________________________________________________________________________________________
iii. Will the proposed action require a new, or an upgrade, to an existing substation? 9 Yes 9 No
l. Hours of operation. Answer all items which apply.
i. During Construction: ii. During Operations:
• Monday - Friday: _________________________ • Monday - Friday: ____________________________
• Saturday: ________________________________ • Saturday: ___________________________________
• Sunday: _________________________________ • Sunday: ____________________________________
• Holidays: ________________________________ • Holidays: ___________________________________
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m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, 9 Yes 9 No
operation, or both?
If yes:
i. Provide details including sources, time of day and duration:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? 9 Yes 9 No
Describe: _________________________________________________________________________________________________
_________________________________________________________________________________________________________
n. Will the proposed action have outdoor lighting? 9 Yes 9 No
If yes:
i. Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? 9 Yes 9 No
Describe: _________________________________________________________________________________________________
_________________________________________________________________________________________________________
o. Does the proposed action have the potential to produce odors for more than one hour per day? 9 Yes 9 No
If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest
occupied structures: ______________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) 9 Yes 9 No
or chemical products 185 gallons in above ground storage or any amount in underground storage?
If Yes:
i. Product(s) to be stored ______________________________________________________________________________________
ii. Volume(s) ______ per unit time ___________ (e.g., month, year)
iii. Generally, describe the proposed storage facilities:________________________________________________________________
________________________________________________________________________________________________________
q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, 9 Yes 9 No
insecticides) during construction or operation?
If Yes:
i. Describe proposed treatment(s):
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
ii. Will the proposed action use Integrated Pest Management Practices? 9 Yes 9 No
r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal 9 Yes 9 No
of solid waste (excluding hazardous materials)?
If Yes:
i. Describe any solid waste(s) to be generated during construction or operation of the facility:
• Construction: ____________________ tons per ________________ (unit of time)
• Operation : ____________________ tons per ________________ (unit of time)
ii. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste:
• Construction: ________________________________________________________________________________________
____________________________________________________________________________________________________
• Operation: __________________________________________________________________________________________
____________________________________________________________________________________________________
iii. Proposed disposal methods/facilities for solid waste generated on-site:
• Construction: ________________________________________________________________________________________
____________________________________________________________________________________________________
• Operation: __________________________________________________________________________________________
____________________________________________________________________________________________________
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s. Does the proposed action include construction or modification of a solid waste management facility? 9 Yes 9 No
If Yes:
i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or
other disposal activities): ___________________________________________________________________________________
ii. Anticipated rate of disposal/processing:
• ________ Tons/month, if transfer or other non-combustion/thermal treatment, or
• ________ Tons/hour, if combustion or thermal treatment
iii. If landfill, anticipated site life: ________________________________ years
t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous 9 Yes 9 No
waste?
If Yes:
i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
ii. Generally describe processes or activities involving hazardous wastes or constituents: ___________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________________________________
iii. Specify amount to be handled or generated _____ tons/month
iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? 9 Yes 9 No
If Yes: provide name and location of facility: _______________________________________________________________________
________________________________________________________________________________________________________
If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
E. Site and Setting of Proposed Action
E.1. Land uses on and surrounding the project site
a. Existing land uses.
i. Check all uses that occur on, adjoining and near the project site.
9 Urban 9 Industrial 9 Commercial 9 Residential (suburban) 9 Rural (non-farm)
9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): ____________________________________
ii. If mix of uses, generally describe:
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
b. Land uses and covertypes on the project site.
Land use or Current Acreage After Change
Covertype Acreage Project Completion (Acres +/-)
• Roads, buildings, and other paved or impervious
surfaces
• Forested
• Meadows, grasslands or brushlands (non-
agricultural, including abandoned agricultural)
• Agricultural
(includes active orchards, field, greenhouse etc.)
• Surface water features
(lakes, ponds, streams, rivers, etc.)
• Wetlands (freshwater or tidal)
• Non-vegetated (bare rock, earth or fill)
• Other
Describe: _______________________________
________________________________________
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c. Is the project site presently used by members of the community for public recreation? 9 Yes 9 No
i. If Yes: explain: __________________________________________________________________________________________
d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed 9 Yes 9 No
day care centers, or group homes) within 1500 feet of the project site?
If Yes,
i. Identify Facilities:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
e. Does the project site contain an existing dam? 9 Yes 9 No
If Yes:
i. Dimensions of the dam and impoundment:
• Dam height: _________________________________ feet
• Dam length: _________________________________ feet
• Surface area: _________________________________ acres
• Volume impounded: _______________________________ gallons OR acre-feet
ii. Dam=s existing hazard classification: _________________________________________________________________________
iii. Provide date and summarize results of last inspection:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, 9 Yes 9 No
or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility?
If Yes:
i. Has the facility been formally closed? 9 Yes 9 No
• If yes, cite sources/documentation: _______________________________________________________________________
ii. Describe the location of the project site relative to the boundaries of the solid waste management facility:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
iii. Describe any development constraints due to the prior solid waste activities: __________________________________________
_______________________________________________________________________________________________________
g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin 9 Yes 9 No
property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste?
If Yes:
i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any 9 Yes 9 No
remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site 9 Yes 9 No
Remediation database? Check all that apply:
9 Yes – Spills Incidents database Provide DEC ID number(s): ________________________________
9 Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________
9 Neither database
ii. If site has been subject of RCRA corrective activities, describe control measures:_______________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? 9 Yes 9 No
If yes, provide DEC ID number(s): ______________________________________________________________________________
iv. If yes to (i), (ii) or (iii) above, describe current status of site(s):
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
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v. Is the project site subject to an institutional control limiting property uses? 9 Yes 9 No
• If yes, DEC site ID number: ____________________________________________________________________________
• Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________
• Describe any use limitations: ___________________________________________________________________________
• Describe any engineering controls: _______________________________________________________________________
• Will the project affect the institutional or engineering controls in place? 9 Yes 9 No
• Explain: ____________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
E.2. Natural Resources On or Near Project Site
a. What is the average depth to bedrock on the project site? ________________ feet
b. Are there bedrock outcroppings on the project site? 9 Yes 9 No
If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________%
c. Predominant soil type(s) present on project site: ___________________________ __________%
___________________________ __________%
____________________________ __________%
d. What is the average depth to the water table on the project site? Average: _________ feet
e. Drainage status of project site soils: 9 Well Drained: _____% of site
9 Moderately Well Drained: _____% of site
9 Poorly Drained _____% of site
f. Approximate proportion of proposed action site with slopes: 9 0-10%: _____% of site
9 10-15%: _____% of site
9 15% or greater: _____% of site
g. Are there any unique geologic features on the project site? 9 Yes 9 No
If Yes, describe: _____________________________________________________________________________________________
________________________________________________________________________________________________________
h. Surface water features.
i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, 9 Yes 9 No
ponds or lakes)?
ii. Do any wetlands or other waterbodies adjoin the project site? 9 Yes 9 No
If Yes to either i or ii, continue. If No, skip to E.2.i.
iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, 9 Yes 9 No
state or local agency?
iv. For each identified regulated wetland and waterbody on the project site, provide the following information:
• Streams: Name ____________________________________________ Classification _______________________
• Lakes or Ponds: Name ____________________________________________ Classification _______________________
• Wetlands: Name ____________________________________________ Approximate Size ___________________
• Wetland No. (if regulated by DEC) _____________________________
v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired 9 Yes 9 No
waterbodies?
If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________
___________________________________________________________________________________________________________
i. Is the project site in a designated Floodway? 9 Yes 9 No
j. Is the project site in the 100-year Floodplain? 9 Yes 9 No
k. Is the project site in the 500-year Floodplain? 9 Yes 9 No
l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? 9 Yes 9 No
If Yes:
i. Name of aquifer: _________________________________________________________________________________________
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m. Identify the predominant wildlife species that occupy or use the project site: ______________________________
______________________________ _______________________________ ______________________________
______________________________ _______________________________ ______________________________
n. Does the project site contain a designated significant natural community? 9 Yes 9 No
If Yes:
i. Describe the habitat/community (composition, function, and basis for designation): _____________________________________
________________________________________________________________________________________________________
ii. Source(s) of description or evaluation: ________________________________________________________________________
iii. Extent of community/habitat:
• Currently: ______________________ acres
• Following completion of project as proposed: _____________________ acres
• Gain or loss (indicate + or -): ______________________ acres
o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as 9 Yes 9 No
endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species?
If Yes:
i. Species and listing (endangered or threatened):______________________________________________________________________________
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of 9 Yes 9 No
special concern?
If Yes:
i. Species and listing:____________________________________________________________________________________________________
_______________________________________________________________________________________________________________________
q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? 9 Yes 9 No
If yes, give a brief description of how the proposed action may affect that use: ___________________________________________
________________________________________________________________________________________________________
E.3. Designated Public Resources On or Near Project Site
a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to 9 Yes 9 No
Agriculture and Markets Law, Article 25-AA, Section 303 and 304?
If Yes, provide county plus district name/number: _________________________________________________________________
b. Are agricultural lands consisting of highly productive soils present? 9 Yes 9 No
i. If Yes: acreage(s) on project site? ___________________________________________________________________________
ii. Source(s) of soil rating(s): _________________________________________________________________________________
c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National 9 Yes 9 No
Natural Landmark?
If Yes:
i. Nature of the natural landmark: 9 Biological Community 9 Geological Feature
ii. Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? 9 Yes 9 No
If Yes:
i. CEA name: _____________________________________________________________________________________________
ii. Basis for designation: _____________________________________________________________________________________
iii. Designating agency and date: ______________________________________________________________________________
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e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 9 Yes 9 No
which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS
Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?
If Yes:
i. Nature of historic/archaeological resource: 9 Archaeological Site 9 Historic Building or District
ii. Name: _________________________________________________________________________________________________
iii. Brief description of attributes on which listing is based:
_______________________________________________________________________________________________________
f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 9 Yes 9 No
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
g. Have additional archaeological or historic site(s) or resources been identified on the project site? 9 Yes 9 No
If Yes:
i. Describe possible resource(s): _______________________________________________________________________________
ii. Basis for identification: ___________________________________________________________________________________
h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local 9 Yes 9 No
scenic or aesthetic resource?
If Yes:
i. Identify resource: _________________________________________________________________________________________
ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,
etc.): ___________________________________________________________________________________________________
iii. Distance between project and resource: _____________________ miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers 9 Yes 9 No
Program 6 NYCRR 666?
If Yes:
i. Identify the name of the river and its designation: ________________________________________________________________
ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? 9 Yes 9 No
F. Additional Information
Attach any additional information which may be needed to clarify your project.
If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any
measures which you propose to avoid or minimize them.
G. Verification
I certify that the information provided is true to the best of my knowledge.
Joshua Rogers
Applicant/Sponsor Name ___________________________________ 12/22/2025
Date_______________________________________
Planner
Signature________________________________________________ Title_______________________________________
PRINT FORM Page 13 of 13
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Agency Use Only [If applicable]
Full Environmental Assessment Form Project : 2026 Amended Hamburg LWRP Rezonings (Camp
Part 2 - Identification of Potential Project Impacts Date : 3/23/26
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental
professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
• Review all of the information provided in Part 1.
• Review any application, maps, supporting materials and the Full EAF Workbook.
• Answer each of the 18 questions in Part 2.
• If you answer “Yes” to a numbered question, please complete all the questions that follow in that section.
• If you answer “No” to a numbered question, move on to the next numbered question.
• Check appropriate column to indicate the anticipated size of the impact.
• Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box “Moderate to large impact may occur.”
• The reviewer is not expected to be an expert in environmental analysis.
• If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general
question and consult the workbook.
• When answering a question consider all components of the proposed activity, that is, the Awhole action@.
• Consider the possibility for long-term and cumulative impacts as well as direct impacts.
• Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on, or physical alteration of, ✔
NO YES
the land surface of the proposed site. (See Part 1. D.1)
If “Yes”, answer questions a - j. If “No”, move on to Section 2.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may involve construction on land where depth to water table is E2d 9 9
less than 3 feet.
b. The proposed action may involve construction on slopes of 15% or greater. E2f 9 9
c. The proposed action may involve construction on land where bedrock is exposed, or E2a 9 9
generally within 5 feet of existing ground surface.
d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a 9 9
of natural material.
e. The proposed action may involve construction that continues for more than one year D1e 9 9
or in multiple phases.
f. The proposed action may result in increased erosion, whether from physical D2e, D2q 9 9
disturbance or vegetation removal (including from treatment by herbicides).
g. The proposed action is, or may be, located within a Coastal Erosion hazard area. B1i 9 9
h. Other impacts: _______________________________________________________ 9 9
___________________________________________________________________
Page 1 of 10
38
Page 39
2. Impact on Geological Features
The proposed action may result in the modification or destruction of, or inhibit
access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO
✔ YES
minerals, fossils, caves). (See Part 1. E.2.g)
If “Yes”, answer questions a - c. If “No”, move on to Section 3.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. Identify the specific land form(s) attached: ________________________________ E2g 9 9
___________________________________________________________________
b. The proposed action may affect or is adjacent to a geological feature listed as a E3c 9 9
registered National Natural Landmark.
Specific feature: _____________________________________________________
c. Other impacts: ______________________________________________________ 9 9
___________________________________________________________________
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water ✔
NO YES
bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h)
If “Yes”, answer questions a - l. If “No”, move on to Section 4.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may create a new water body. D2b, D1h 9 9
b. The proposed action may result in an increase or decrease of over 10% or more than a D2b 9 9
10 acre increase or decrease in the surface area of any body of water.
c. The proposed action may involve dredging more than 100 cubic yards of material D2a 9 9
from a wetland or water body.
d. The proposed action may involve construction within or adjoining a freshwater or E2h 9 9
tidal wetland, or in the bed or banks of any other water body.
e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h 9 9
runoff or by disturbing bottom sediments.
f. The proposed action may include construction of one or more intake(s) for withdrawal D2c 9 9
of water from surface water.
g. The proposed action may include construction of one or more outfall(s) for discharge D2d 9 9
of wastewater to surface water(s).
h. The proposed action may cause soil erosion, or otherwise create a source of D2e 9 9
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
i. The proposed action may affect the water quality of any water bodies within or E2h 9 9
downstream of the site of the proposed action.
j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h 9 9
around any water body.
k. The proposed action may require the construction of new, or expansion of existing, D1a, D2d 9 9
wastewater treatment facilities.
Page 2 of 10
39
Page 40
l. Other impacts: _______________________________________________________ 9 9
___________________________________________________________________
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or ✔
NO YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t)
If “Yes”, answer questions a - h. If “No”, move on to Section 5.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may require new water supply wells, or create additional demand D2c 9 9
on supplies from existing water supply wells.
b. Water supply demand from the proposed action may exceed safe and sustainable D2c 9 9
withdrawal capacity rate of the local supply or aquifer.
Cite Source: ________________________________________________________
c. The proposed action may allow or result in residential uses in areas without water and D1a, D2c 9 9
sewer services.
d. The proposed action may include or require wastewater discharged to groundwater. D2d, E2l 9 9
e. The proposed action may result in the construction of water supply wells in locations D2c, E1f, 9 9
where groundwater is, or is suspected to be, contaminated. E1g, E1h
f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E2l 9 9
over ground water or an aquifer.
g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, 9 9
feet of potable drinking water or irrigation sources. E2l, D2c
h. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. NO
✔ YES
(See Part 1. E.2)
If “Yes”, answer questions a - g. If “No”, move on to Section 6.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may result in development in a designated floodway. E2i 9 9
b. The proposed action may result in development within a 100 year floodplain. E2j 9 9
c. The proposed action may result in development within a 500 year floodplain. E2k 9 9
d. The proposed action may result in, or require, modification of existing drainage D2b, D2e 9 9
patterns.
e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, 9 9
E2j, E2k
f. If there is a dam located on the site of the proposed action, is the dam in need of repair, E1e 9 9
or upgrade?
Page 3 of 10
40
Page 41
g. Other impacts: ______________________________________________________
9 9
___________________________________________________________________
6. Impacts on Air
The proposed action may include a state regulated air emission source.
✔ NO YES
(See Part 1. D.2.f., D.2.h, D.2.g)
If “Yes”, answer questions a - f. If “No”, move on to Section 7.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. If the proposed action requires federal or state air emission permits, the action may
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide (CO2) D2g 9 9
ii. More than 3.5 tons/year of nitrous oxide (N2O) D2g 9 9
iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g 9 9
iv. More than .045 tons/year of sulfur hexafluoride (SF6) D2g 9 9
D2g 9 9
v. More than 1000 tons/year of carbon dioxide equivalent of
hydrochloroflourocarbons (HFCs) emissions
vi. 43 tons/year or more of methane D2h 9 9
b. The proposed action may generate 10 tons/year or more of any one designated D2g 9 9
hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous
air pollutants.
c. The proposed action may require a state air registration, or may produce an emissions D2f, D2g 9 9
rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat
source capable of producing more than 10 million BTU=s per hour.
d. The proposed action may reach 50% of any of the thresholds in “a” through “c”, D2g 9 9
above.
e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s 9 9
ton of refuse per hour.
f. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO
✔ YES
If “Yes”, answer questions a - j. If “No”, move on to Section 8.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may cause reduction in population or loss of individuals of any E2o 9 9
threatened or endangered species, as listed by New York State or the Federal
government, that use the site, or are found on, over, or near the site.
b. The proposed action may result in a reduction or degradation of any habitat used by E2o 9 9
any rare, threatened or endangered species, as listed by New York State or the federal
government.
c. The proposed action may cause reduction in population, or loss of individuals, of any E2p 9 9
species of special concern or conservation need, as listed by New York State or the
Federal government, that use the site, or are found on, over, or near the site.
d. The proposed action may result in a reduction or degradation of any habitat used by E2p 9 9
any species of special concern and conservation need, as listed by New York State or
the Federal government.
Page 4 of 10
41
Page 42
e. The proposed action may diminish the capacity of a registered National Natural E3c 9 9
Landmark to support the biological community it was established to protect.
f. The proposed action may result in the removal of, or ground disturbance in, any E2n 9 9
portion of a designated significant natural community.
Source: ____________________________________________________________
g. The proposed action may substantially interfere with nesting/breeding, foraging, or
E2m 9 9
over-wintering habitat for the predominant species that occupy or use the project site.
h. The proposed action requires the conversion of more than 10 acres of forest, 9 9
E1b
grassland or any other regionally or locally important habitat.
Habitat type & information source: ______________________________________
__________________________________________________________________
i. Proposed action (commercial, industrial or recreational projects, only) involves use of D2q 9 9
herbicides or pesticides.
j. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) ✔
NO YES
If “Yes”, answer questions a - h. If “No”, move on to Section 9.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may impact soil classified within soil group 1 through 4 of the E2c, E3b 9 9
NYS Land Classification System.
b. The proposed action may sever, cross or otherwise limit access to agricultural land E1a, Elb 9 9
(includes cropland, hayfields, pasture, vineyard, orchard, etc).
c. The proposed action may result in the excavation or compaction of the soil profile of E3b 9 9
active agricultural land.
d. The proposed action may irreversibly convert agricultural land to non-agricultural E1b, E3a 9 9
uses, either more than 2.5 acres if located in an Agricultural District, or more than 10
acres if not within an Agricultural District.
e. The proposed action may disrupt or prevent installation of an agricultural land El a, E1b 9 9
management system.
f. The proposed action may result, directly or indirectly, in increased development C2c, C3, 9 9
potential or pressure on farmland. D2c, D2d
g. The proposed project is not consistent with the adopted municipal Farmland C2c 9 9
Protection Plan.
h. Other impacts: ________________________________________________________ 9 9
Page 5 of 10
42
Page 43
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from, or are in ✔
NO YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.)
If “Yes”, answer questions a - g. If “No”, go to Section 10.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. Proposed action may be visible from any officially designated federal, state, or local E3h 9 9
scenic or aesthetic resource.
b. The proposed action may result in the obstruction, elimination or significant E3h, C2b 9 9
screening of one or more officially designated scenic views.
c. The proposed action may be visible from publicly accessible vantage points: E3h
i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) 9 9
ii. Year round 9 9
d. The situation or activity in which viewers are engaged while viewing the proposed E3h
action is:
E2q,
i. Routine travel by residents, including travel to and from work 9 9
ii. Recreational or tourism based activities E1c 9 9
e. The proposed action may cause a diminishment of the public enjoyment and E3h 9 9
appreciation of the designated aesthetic resource.
f. There are similar projects visible within the following distance of the proposed D1a, E1a, 9 9
project: D1f, D1g
0-1/2 mile
½ -3 mile
3-5 mile
5+ mile
g. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological NO
✔ YES
resource. (Part 1. E.3.e, f. and g.)
If “Yes”, answer questions a - e. If “No”, go to Section 11.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may occur wholly or partially within, or substantially contiguous
to, any buildings, archaeological site or district which is listed on the National or E3e 9 9
State Register of Historical Places, or that has been determined by the Commissioner
of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for
listing on the State Register of Historic Places.
b. The proposed action may occur wholly or partially within, or substantially contiguous E3f 9 9
to, an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office (SHPO) archaeological site inventory.
c. The proposed action may occur wholly or partially within, or substantially contiguous E3g 9 9
to, an archaeological site not included on the NY SHPO inventory.
Source: ____________________________________________________________
Page 6 of 10
43
Page 44
d. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
If any of the above (a-d) are answered “Moderate to large impact may
e. occur”, continue with the following questions to help support conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part E3e, E3g, 9 9
of the site or property. E3f
ii. The proposed action may result in the alteration of the property’s setting or E3e, E3f, 9 9
integrity. E3g, E1a,
E1b
iii. The proposed action may result in the introduction of visual elements which E3e, E3f, 9 9
are out of character with the site or property, or may alter its setting. E3g, E3h,
C2, C3
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a NO
✔ YES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c, E.1.c., E.2.q.)
If “Yes”, answer questions a - e. If “No”, go to Section 12.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may result in an impairment of natural functions, or “ecosystem D2e, E1b 9 9
services”, provided by an undeveloped area, including but not limited to stormwater E2h,
storage, nutrient cycling, wildlife habitat. E2m, E2o,
E2n, E2p
b. The proposed action may result in the loss of a current or future recreational resource. C2a, E1c, 9 9
C2c, E2q
c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c 9 9
with few such resources. E1c, E2q
d. The proposed action may result in loss of an area now used informally by the C2c, E1c 9 9
community as an open space resource.
e. Other impacts: _____________________________________________________ 9 9
_________________________________________________________________
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical NO
✔ YES
environmental area (CEA). (See Part 1. E.3.d)
If “Yes”, answer questions a - c. If “No”, go to Section 13.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may result in a reduction in the quantity of the resource or E3d 9 9
characteristic which was the basis for designation of the CEA.
b. The proposed action may result in a reduction in the quality of the resource or E3d 9 9
characteristic which was the basis for designation of the CEA.
c. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
Page 7 of 10
44
Page 45
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. ✔
NO YES
(See Part 1. D.2.j)
If “Yes”, answer questions a - f. If “No”, go to Section 14.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. Projected traffic increase may exceed capacity of existing road network. D2j 9 9
b. The proposed action may result in the construction of paved parking area for 500 or D2j 9 9
more vehicles.
c. The proposed action will degrade existing transit access. D2j 9 9
d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 9 9
e. The proposed action may alter the present pattern of movement of people or goods. D2j 9 9
f. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. NO
✔ YES
(See Part 1. D.2.k)
If “Yes”, answer questions a - e. If “No”, go to Section 15.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action will require a new, or an upgrade to an existing, substation. D2k 9 9
b. The proposed action will require the creation or extension of an energy transmission D1f, 9 9
or supply system to serve more than 50 single or two-family residences or to serve a D1q, D2k
commercial or industrial use.
c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k 9 9
d. The proposed action may involve heating and/or cooling of more than 100,000 square D1g 9 9
feet of building area when completed.
e. Other Impacts: ________________________________________________________
____________________________________________________________________
15. Impact on Noise, Odor, and Light
The proposed action may result in an increase in noise, odors, or outdoor lighting. NO
✔ YES
(See Part 1. D.2.m., n., and o.)
If “Yes”, answer questions a - f. If “No”, go to Section 16.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may produce sound above noise levels established by local D2m 9 9
regulation.
b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, E1d 9 9
hospital, school, licensed day care center, or nursing home.
c. The proposed action may result in routine odors for more than one hour per day. D2o 9 9
Page 8 of 10
45
Page 46
d. The proposed action may result in light shining onto adjoining properties. D2n 9 9
e. The proposed action may result in lighting creating sky-glow brighter than existing D2n, E1a 9 9
area conditions.
f. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
16. Impact on Human Health
The proposed action may have an impact on human health from exposure ✔
NO YES
to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.)
If “Yes”, answer questions a - m. If “No”, go to Section 17.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may cccur occur
a. The proposed action is located within 1500 feet of a school, hospital, licensed day E1d 9 9
care center, group home, nursing home or retirement community.
b. The site of the proposed action is currently undergoing remediation. E1g, E1h 9 9
c. There is a completed emergency spill remediation, or a completed environmental site E1g, E1h 9 9
remediation on, or adjacent to, the site of the proposed action.
d. The site of the action is subject to an institutional control limiting the use of the E1g, E1h 9 9
property (e.g., easement or deed restriction).
e. The proposed action may affect institutional control measures that were put in place E1g, E1h 9 9
to ensure that the site remains protective of the environment and human health.
f. The proposed action has adequate control measures in place to ensure that future D2t 9 9
generation, treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
g. The proposed action involves construction or modification of a solid waste D2q, E1f 9 9
management facility.
h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, E1f 9 9
i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r, D2s 9 9
solid waste.
j. The proposed action may result in excavation or other disturbance within 2000 feet of E1f, E1g 9 9
a site used for the disposal of solid or hazardous waste. E1h
k. The proposed action may result in the migration of explosive gases from a landfill E1f, E1g 9 9
site to adjacent off site structures.
l. The proposed action may result in the release of contaminated leachate from the D2s, E1f, 9 9
project site. D2r
m. Other impacts: ______________________________________________________
__________________________________________________________________
Page 9 of 10
46
Page 47
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. NO
✔ YES
(See Part 1. C.1, C.2. and C.3.)
If “Yes”, answer questions a - h. If “No”, go to Section 18.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action’s land use components may be different from, or in sharp C2, C3, D1a 9 9
contrast to, current surrounding land use pattern(s). E1a, E1b
b. The proposed action will cause the permanent population of the city, town or village C2 9 9
in which the project is located to grow by more than 5%.
c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 9 9
d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 9 9
plans.
e. The proposed action may cause a change in the density of development that is not C3, D1c, 9 9
supported by existing infrastructure or is distant from existing infrastructure. D1d, D1f,
D1d, Elb
f. The proposed action is located in an area characterized by low density development C4, D2c, D2d 9 9
that will require new or expanded public infrastructure. D2j
g. The proposed action may induce secondary development impacts (e.g., residential or C2a 9 9
commercial development not included in the proposed action)
h. Other: _____________________________________________________________ 9 9
__________________________________________________________________
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. NO
✔ YES
(See Part 1. C.2, C.3, D.2, E.3)
If “Yes”, answer questions a - g. If “No”, proceed to Part 3.
Relevant No, or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g 9 9
of historic importance to the community.
b. The proposed action may create a demand for additional community services (e.g. C4 9 9
schools, police and fire)
c. The proposed action may displace affordable or low-income housing in an area where C2, C3, D1f 9 9
there is a shortage of such housing. D1g, E1a
d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 9 9
or designated public resources.
e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 9 9
character.
f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 9 9
E1a, E1b
E2g, E2h
g. Other impacts: ______________________________________________________ 9 9
__________________________________________________________________
PRINT FULL FORM Page 10 of 10
47
Page 48
Agency Use Only [IfApplicable]
Project : 2026 Amended Hamburg LWRP Rezonings (Camp Road an
Date : 3/23/26
Full Environmental Assessment Form
Part 3 - Evaluation of the Magnitude and Importance of Project Impacts
and
Determination of Significance
Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question
in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular
element of the proposed action will not, or may, result in a significant adverse environmental impact.
Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess
the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not
have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its
determination of significance.
Reasons Supporting This Determination:
To complete this section:
• Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,
size or extent of an impact.
• Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact
occurring, number of people affected by the impact and any additional environmental consequences if the impact were to
occur.
• The assessment should take into consideration any design element or project changes.
• Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where
there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse
environmental impact.
• Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact
• For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that
no significant adverse environmental impacts will result.
• Attach additional sheets, as needed.
Part 2 of the FEAF identified no moderate to large environmental impacts and these rezonings presently include no proposals for any construction. The
rezonings are being done in accordance with Section V of the Town's Draft 2025 Local Waterfront Revitalization Program.
Determination of Significance - Type 1 and Unlisted Actions
SEQR Status:
✔ Type 1 Unlisted
Identify portions of EAF completed for this Project:
✔ Part 1
✔ Part 2
✔ Part 3 48
Page 49
Upon review of the information recorded on this EAF, as noted, plus this additional support information
The Town's Draft 2025 Local Waterfront Revitalization Program
and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the
Hamburg Town Board as lead agency that:
✔ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact
statement need not be prepared. Accordingly, this negative declaration is issued.
B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or
substantially mitigated because of the following conditions which will be required by the lead agency:
There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative
declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.d).
C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact
statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those
impacts. Accordingly, this positive declaration is issued.
Name of Action: 2026 Amended Hamburg LWRP Rezonings (Camp Road and St. Francis Drive)
Name of Lead Agency: Hamburg Town Board
Name of Responsible Officer in Lead Agency: Elizabeth Farrell-Lorentz
Title of Responsible Officer: Supervisor
Signature of Responsible Officer in Lead Agency: Date:
Signature of Preparer (if different from Responsible Officer) Date:
For Further Information:
Contact Person: Joshua Rogers
Address: 6100 South Park Avenue, Hamburg, NY
Telephone Number: 716-649-2023
E-mail: [email protected]
For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to:
Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of)
Other involved agencies (if any)
Applicant (if any)
Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.14. Chapter 34 SEQR and Adoption Resolution
WHEREAS, the Hamburg Town Code contains and specifies the local laws and ordinances of the
Town of Hamburg; and
WHEREAS, the Code Review Committee reviewed various regulations of Chapter 34 and sent these
suggested revisions to the Town Board to begin the adoption process; and
WHEREAS, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law
as follows:
Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board
amends the Hamburg Town Code as follows (full copies attached):
Amend Chapter 34 “Mandatory Training”, by renaming it “Training and Attendance
Requirements for Planning Board and Zoning Board of Appeals” and adding new subsections;
and
WHEREAS, a public hearing was held on February 23rd, 2026, for discussion and public comment
concerning adoption of this proposed local law; and
WHEREAS, the Town of Hamburg has determined that this proposed local law amendment is a Type II
action under SEQR, and no further SEQR review is necessary; and
WHEREAS, this proposed local law amendment was referred to Erie County through the 239-m referral
process and received no objections; and
WHEREAS, the proposed local law amendment is in accordance with the recommendation of the Town
of Hamburg Code Review Committee and the Town of Hamburg Planning Board.
NOW THEREFORE BE IT RESOLVED, the Hamburg Town Board amends Local Law #1 of the year
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2009 of the Code of the Town of Hamburg Chapter 34 entitled “Mandatory Training” to provide for the
revisions of the Town Code as referenced above and attached.
ATTACHMENTS:
Chapter 34 Mandatory Training Amendments Re-Formatted.pdf
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Town of Hamburg, NY
§ 34-1 § 34-14
Chapter 34 Training and Attendance Requirements for Planning Board and Zoning Board
of Appeals
Article I Training
§ 34-1. Legislative authority.
Town Law §§ 267(7-a) and 271(7-a) require all Zoning Board of Appeals and Planning Board
members, and people appointed as alternates to such boards, to receive a minimum number of
hours of training each year. Accordingly, in order to ensure compliance with these requirements,
and to enhance the qualifications of Zoning Board of Appeals and Planning Board members,
whose decisions can affect the function and appearance of communities well into the future,
while impacting property interests important to individual residents, the following training
requirements are established.
§ 34-2. Minimum number of hours; exemption.
Each member of the Zoning Board of Appeals and Planning Board, including any alternates to
either board, shall receive a minimum of four hours per year of training related to the areas of
zoning, planning and/or land use. Members who are attorneys licensed in the State of New
York, planners, or other land use professionals who focus their practices on areas relevant to
the work of a planning board or zoning board of appeals are exempt from such requirements.
§ 34-3. Acceptable forms of training. [Amended 10-15-2018 by L.L. No. 7-2018]
Acceptable forms of training shall include traditional classroom-style training and up to two
hours per year of approved online training. In accordance with § 34-5 and § 34-6 of this chapter,
online training will require a methodology to receive certificates of completion and will require
Town Board approval of any online training program or course.
§ 34-4. Acceptable providers. [Amended 10-15-2018 by L.L. No. 7-2018]
Acceptable providers of training shall include the Town Planner or other approved planning
consultant; regional planning counsels; County Planning Agencies; a New York State agency;
a New York State association, e.g., the Association of Towns, Conference of Mayors or New
York Planning Federation; and an accredited college, professional associations including but
not limited to the American Planning Association, New York Planning Federation (NYPF), or
any other provider approved by the Town Board in advance of a member's attendance at such
training.
§ 34-5. Submittal of certificates of completion required; date due; Town Board review.
Each member shall submit to the Town Attorney certificates of completion or other documents
verifying their compliance with these training requirements on or before January 1 of the year
following the year in which the training was completed. Upon receipt, such verification shall
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be forwarded to the Town Board for review. If the Town Board, in its sole discretion,
determines that any such training is not acceptable, it shall provide the member with notice,
including a statement of the reason why such training is deemed unacceptable, and allow the
member 120 days to attend additional training to replace the training hours disapproved by the
Town Board.
§ 34-6. Course approval by Town Board prior to attendance.
Any member may submit information regarding a particular training course to the Town Board
in advance of attending such course, with a request for approval of such training course. The
Town Board shall indicate its approval or rejection of such training course, in writing, to the
member within 15 days of receipt of the member's request.
§ 34-7. Excess hours carried over.
Training received by a member in excess of four hours in any one year may be carried over into
succeeding years, up to a maximum of four hours carried over, upon the approval of the Town
Board.
§ 34-8. Failure to meet requirement; removal; hearing.
A. Any member who fails to meet the minimum training requirements set forth in both the
New York State Town Law and herein will not be eligible for reappointment to their
respective board.
B. A member failing to meet the minimum training requirements set forth in both the New
York State Town Law and herein may be removed prior to the expiration of their term,
upon prior notice and the opportunity for a hearing. The member shall notify the Town
Board, in writing, within 10 days of receipt of the notice of removal that he/she requests
a hearing. The Town Board shall schedule a hearing regarding such removal within 20
days of receipt of the member's request; and the Town Board shall forward its decision,
in writing, to the member within 10 days from the date the hearing was completed.
§ 34-9. Effect on decisions of boards.
No decision of a Zoning Board of Appeals or Planning Board shall be voided or declared
invalid because of a failure of a member or members to comply with the training requirements
set forth herein.
§ 34-10. Stricter state requirements to prevail.
While the training received by a member to meet the training requirements recited herein can
also be utilized to meet the requirements set forth in the New York State Town Law, members
are not excused from complying with the requirements set forth in the New York State Town
Law, if such requirements are greater than those set forth herein.
Article II Planning Board
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§ 34-11. Responsibilities of Planning Board members.
A. Each member of the Planning Board shall be expected to review and familiarize himself/
herself with the Town’s Site Plan Review Regulations (Article XLIV), the Town's
Subdivision Regulations (Chapter 230) and those portions of the Zoning Law which relate
to the powers and duties of the Planning Board, and Article 16 of NYS Town Law.
B. The members of the Planning Board shall be expected to conduct themselves in
conformity with all rules and regulations that may be adopted by the Town Board and/or
by the Planning Board, as the case may be, for the conduct of meetings and public
hearings.
C. No member of the Planning Board may miss more than five (5) regularly scheduled
meetings of the Board during a calendar year, other than for a medical or other emergency
or for any other just cause approved, in advance, by the Chair of the Planning Board. It is
expected that Board members be on time and call the Chair or Secretary if he/she cannot
attend a meeting.
D. The Town Board shall have the power to remove, after public hearing, for cause, any
Planning Board member. Cause for removal shall include, but shall not be limited to:
(1) Noncompliance with the minimum requirements relating to training and education
as established in this Chapter and/or by Town Law;
(2) Noncompliance with the meeting attendance requirements as established by this Chapter;
(3) Failure to comply with the residency requirements as are set forth for Public Officers
or in the Town Law;
(4) Failure to disclose a conflict of interest as required by the Town's Code of Ethics;
(5) Failure to comply with any rules or regulations as may be prescribed for the conduct
of Board members by the Town Board or Planning Board; and
(6) Such other and further cause as may be established by the Town Board by local law.
E. Prior to the conduct of any public hearing for the removal of a Planning Board member
for cause, the Town Board shall provide the Board member with a statement setting forth
the alleged grounds for such removal at least 30 days prior to the conduct of the public
hearing. During the public hearing, the Town Board shall have the power to hear
testimony and receive evidence presented by the Town Attorney, by the Chair of the
applicable Board or by any other person in support of, or against, the grounds for such
removal. The Board member shall have the right to present witnesses and other evidence
in defense of the removal action and the Town Board shall have the power to hear other
witnesses and members of the public, and receive documentation and evidence relevant
to the issue of the alleged cause for the Board member's removal.
F. Any determination of the Town Board with regard to removal of a Planning Board
member shall be made by the Town Board, in writing, and a copy shall be provided to the
Planning Board member and filed in the Office of the Town Clerk within five business
days after the Town Board's determination.
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G. Each member of the Planning Board shall be required to keep records of his/her
attendance at required training sessions and to provide to the Planning Department as the
case may be, certificates of attendance for completion or other proof of completion of
training courses on an annual basis. The Planning Department shall keep records of the
attendance of each Board member at the required training courses and shall present, at the
close of each calendar year, a list of each Board member's courses and credits earned in
that year, together with any credits carried over from previous years, to the Town Clerk
and to the Town Board.
H. A copy of this Chapter shall be supplied by the Town Clerk to each member of the
Planning Board.
Article III Zoning Board of Appeals
§ 34-12 Responsibilities of Zoning Board of Appeals members
A. Each member of the Zoning Board of Appeals shall be expected to review and familiarize
himself/ herself with Article XLV Zoning Board of Appeals, and Article 16 of NYS Town
Law.
B. The members of the Zoning Board of Appeals shall be expected to conduct themselves in
conformity with all rules and regulations that may be adopted by the Town Board and/or
by the Zoning Board of Appeals, as the case may be, for the conduct of meetings and
public hearings.
C. No member of the Zoning Board of Appeals may miss more than three (3) regularly
scheduled meetings of the Board during a calendar year, other than for a medical or other
emergency or for any other just cause approved, in advance, by the Chair of the Zoning
Board. It is expected that Board members be on time and call the Chair or Secretary if
he/she cannot attend a meeting.
D. The Town Board shall have the power to remove, after public hearing, for cause, any
Zoning Board of Appeals member. Cause for removal shall include, but shall not be
limited to:
(1) Noncompliance with the minimum requirements relating to training and education
as established in this Chapter and/or by Town Law;
(2) Noncompliance with the meeting attendance requirements as established by this Chapter;
(3) Failure to comply with the residency requirements as are set forth for Public Officers
or in the Town Law;
(4) Failure to disclose a conflict of interest as required by the Town's Code of Ethics;
(5) Failure to comply with any rules or regulations as may be prescribed for the conduct
of Board members by the Town Board or Zoning Board of Appeals; and
(6) Such other and further cause as may be established by the Town Board by local law.
E. Prior to the conduct of any public hearing for the removal of a Zoning Board of Appeals
member for cause, the Town Board shall provide the Board member with a statement
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Town of Hamburg, NY
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setting forth the alleged grounds for such removal at least 30 days prior to the conduct of
the public hearing. During the public hearing, the Town Board shall have the power to
hear testimony and receive evidence presented by the Town Attorney, by the Chair of the
applicable Board or by any other person in support of, or against, the grounds for such
removal. The Board member shall have the right to present witnesses and other evidence
in defense of the removal action and the Town Board shall have the power to hear other
witnesses and members of the public, and receive documentation and evidence relevant
to the issue of the alleged cause for the Board member's removal.
F. Any determination of the Town Board with regard to removal of a Zoning Board of
Appeals member shall be made by the Town Board, in writing, and a copy shall be
provided to the Zoning Board of Appeals member and filed in the Office of the Town
Clerk within five business days after the Town Board's determination.
G. Each member of the Zoning Board of Appeals shall be required to keep records of his/her
attendance at required training sessions and to provide to the Planning Department as the
case may be, certificates of attendance for completion or other proof of completion of
training courses on an annual basis. The Planning Department shall keep records of the
attendance of each Board member at the required training courses and shall present, at the
close of each calendar year, a list of each Board member's courses and credits earned in
that year, together with any credits carried over from previous years, to the Town Clerk
and to the Town Board.
H. A copy of this Chapter shall be supplied by the Town Clerk to each member of the Zoning
Board of Appeals.
Article IV Alternate Board Members
§ 34-13. Alternate Members of Planning and Zoning Boards
The Town Board of the Town of Hamburg hereby enacts this Article to provide a process for
appointing alternate members of the Planning Board and Zoning Board of Appeals. These
individuals would serve when members are absent or unable to participate on an application
or matter before the respective board.
A. Definitions. As used in this Article, the following terms shall have the meanings
indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board when a regular member is unable to
participate on an application or matter before the respective Board, as provided herein.
MEMBER
An individual appointed by the Town Board to serve on the Town Planning Board or
Zoning Board of Appeals pursuant to the provisions of the local law or ordinance that
first established such Planning Board or Zoning Board of Appeals.
PLANNING BOARD
The Planning Board of the Town of Hamburg as established by the Town Board
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pursuant to the provisions of § 271 of the Town Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Hamburg as established by the Town
Board pursuant to the provisions of § 267 of the Town Law.
B. Alternate members of the Zoning Board of Appeals and Planning Board may be
appointed by the Town Board for a term of two years, with the term to expire on
December 31 of the second year after the date of their appointment.
C. The Chairperson of the Planning Board or Zoning Board of Appeals may designate an
alternate to substitute for a member when such member is unable to participate on an
application or matter before the Board. When so designated, the alternate member shall
possess all the powers and responsibilities of such member of the Board. Such
designation shall be entered into the minutes of the initial Planning Board meeting or
Zoning Board of Appeals meeting at which the substitution is made.
D. All provisions of state law relating to Planning Board and Zoning Board of Appeals
Board member eligibility, vacancy in office, removal, compatibility of office and
service on other boards, as well as any provisions of a local law/local ordinance relating
to training, continuing education, compensation and attendance, shall also apply to
alternate members.
§ 34-14 Supersession of Town Law
This chapter is hereby adopted pursuant to the provisions of § 10 of the New York State
Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It
is the intent of the Town Board, pursuant to § 10 of the New York State Municipal Home
Rule Law, to supersede the provisions of:
A. Section 271 of the Town Law relating to the appointment of members to Town Planning
Boards.
B. Section 267 of the Town Law relating to the appointment of members to Town Zoning
Boards of Appeals.
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.15. Chapter 31 Amendments SEQR and Adoption Resolution
WHEREAS, the Hamburg Town Code contains and specifies the local laws and ordinances of the
Town of Hamburg; and
WHEREAS, the Code Review Committee reviewed various regulations of Chapter 31 and sent these
suggested revisions to the Town Board to begin the adoption process; and
WHEREAS, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law
as follows:
Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board
amends the Hamburg Town Code as follows (full copies attached):
Amend Chapter 31, currently entitled “Historic Preservation Commission”; and
WHEREAS, a public hearing was held on March 23rd, 2026, for discussion and public comment
concerning adoption of this proposed local law; and
WHEREAS, the Town of Hamburg has determined that this proposed local law amendment is a Type
II action under SEQR, and no further SEQR review is necessary; and
WHEREAS, this proposed local law amendment was referred to Erie County through the 239-m
referral process and received no objections; and
WHEREAS, the proposed local law amendment is in accordance with the recommendation of the
Town of Hamburg Code Review Committee and the Town of Hamburg Planning Board.
NOW THEREFORE BE IT RESOLVED, the Hamburg Town Board amends Local Law #6 of the
year 2022 of the Code of the Town of Hamburg Chapter 31 entitled “Historic Preservation
Commission” to provide for the revisions of the Town Code as referenced above and attached.
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ATTACHMENTS:
Town Code Chapter 31 - 3.6.26 Revised.docx
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Chapter 31 Historic Preservation Law
§ 31-1 Title.
§ 31-2 Statutory authority.
§ 31-3 Purpose.
§ 31-4 Definitions.
§ 31-5 Historic Preservation Advisory Board regulations.
§ 31-6 Designation of historic landmarks, sites and districts.
§ 31-7 Certificates of appropriateness required.
§ 31-8 Criteria for approval of certificate of appropriateness.
§ 31-9 Application for certificate of appropriateness.
§ 31-10 Hardship criteria.
§ 31-11 Hardship application procedure.
§ 31-12 Maintenance and repair required.
§ 31-13 Administration; enforcement; display of certificate.
§ 31-14 Penalties for offenses.
§ 31-15 Appeals.
§ 31-16 Conflict with other provisions.
§ 31-17 Compliance required prior to action.
§ 31-18 Applicability.
§ 31-19 Severability.
§ 31-20 When effective.
§ 31-1 Title.
This chapter shall be Chapter 31 of the Code of the Town of Hamburg and may be cited
as the "Historic Preservation Law of the Town of Hamburg."
§ 31-2 Statutory authority.
In accordance with General Municipal Law § 96-a, entitled "Protection of historical
places, buildings and works of art," and Article 5-k of the General Municipal Law,
entitled "Historic Preservation," the Town Board of the Town of Hamburg has the
authority to provide, by local law, regulations, special conditions and restrictions, for the
protection, enhancement, perpetuation and use of places, districts, sites, buildings,
structures, works of art and other objects having special character or special historical
or other aesthetic interest or value. Pursuant to that authority, the Town Board has
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prepared and adopted this chapter setting forth standards to be followed in historic
preservation.
§ 31-3 Purpose.
It is hereby declared as a matter of public policy that the protection, enhancement and
perpetuation of landmarks and historic districts is necessary to promote the economic,
cultural, educational and general welfare of the public. Inasmuch as the identity of a
people is founded in its past, and inasmuch as Hamburg has many significant historic,
architectural and cultural resources which constitute its heritage, this chapter is intended
to:
A. Protect and enhance the landmarks and historic districts which represent
distinctive elements of Hamburg's historic, architectural and cultural heritage.
B. Foster civic pride in the accomplishments of the past.
C. Protect and enhance Hamburg's attractiveness to visitors and support and
stimulate the Town's economy.
D. Increase public awareness of the value of historic, cultural and architectural
preservation by developing and participating in education programs.
§ 31-4 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ADAPTIVE REUSE
Conversion of a building originally designed for a certain purpose to a different
purpose.
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ALTER
To change one or more exterior architectural features of a landmark, and
improvement on a landmark site or a structure within an historic district.
BUILDING
Any structure or part thereof having a roof supported by columns or walls for the
shelter or enclosure of persons or property.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Hamburg Town Board approving plans for the
alteration, construction, removal or demolition of a landmark, an improvement to
a landmark site or a structure within an historic district, and contingent upon all
other necessary planning, zoning, and building code approvals.
CONSTRUCTION
Building an addition or making an alteration to an existing structure or building a
new principal or accessory structure.
DEMOLITION
Destruction of a building, structure or improvement.
EXTERIOR
Architectural style, design, general arrangement and components of the outer
surfaces of an improvement, building or structure as distinguished from the
interior surfaces, including, but not limited to, the kind and texture of building
material and the type and style of windows, doors, signs and other such exterior
fixtures.
FACADE
The exterior of a building or structure that can be viewed.
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HISTORIC DISTRICT
A geographically definable area so designated pursuant to this code.
IMPROVEMENT
Any building, structure, parking facility, fence, gate, wall, work of art or other
object constituting a physical betterment or any part thereof.
LANDMARK
Property, object, structure or natural feature or any part thereof so designated
pursuant to this code.
LANDMARK SITE
A significant historical or cultural site where buildings or structures no longer
exist, so designated pursuant to this code.
OWNER
A person, firm or corporation which has fee ownership of property or a lesser
ownership interest therein, a mortgagee or vendee in possession, a receiver, an
administrator, an executor, a trustee, or any other person, firm or corporation in
control of property.
PRESERVATION
Retention of essential character of an improvement, object, building, natural
feature or structure as embodied in its existing form, integrity and material. This
feature includes the retention of trees, landscaping and vegetation of a site. This
term may include temporary stabilization work, as well as ongoing maintenance
of historic building materials.
HISTORIC PRESERVATION ADVISORY BOARD, PRESERVATION BOARD or
BOARD
The Town of Hamburg Historic Preservation Advisory Board.
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PROPERTY
Land and improvements thereon.
RECONSTRUCTION
Reproduction of the exact form and detail of a vanished building, structure,
improvement or part thereof as it appeared at a specific time.
REHABILITATION
Repair or alteration that enables buildings, structures or improvements to be
efficiently utilized while preserving those features of buildings, structures or
improvements that are significant to their historic, architectural or cultural values.
RESTORATION
Recover of the form and details of a building, structure or improvement and its
site during a particular time.
SITE
A plot or parcel of land.
STRUCTURE
Anything constructed or erected which requires permanent or temporary location
on the ground. The term shall include, but not be limited to, buildings, walls,
fences, signs, billboards, lighting fixtures, screen enclosures and works of art.
SUPERVISING CODE ENFORCEMENT OFFICER
The Supervising Code Enforcement Officer of the Town of Hamburg.
TOWN
The Town of Hamburg, County of Erie, State of New York.
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TOWN BOARD
The Town Board of the Town of Hamburg, Erie County, New York.
TOWN CLERK
The Town of Hamburg Town Clerk.
§ 31-5 Historic Preservation Advisory Board regulations.
A. There is hereby created a volunteer Board to be known as “The Town of
Hamburg Historic Preservation Advisory Board.”
B. The Preservation Board shall consist of no less than seven and no more than
nine members. The Town of Hamburg shall be the primary residence of each
Board member. Board members, (except for the Town Historian) shall serve a
term of two years. Members shall serve without compensation. In addition to the
members, there shall be an attorney appointed from the Town of Hamburg Legal
Department to act in an advisory capacity to the Board.
C. Appointment of Preservation Board members shall be made by the Town Board.
D. To the extent available in the Town of Hamburg, the Preservation Board should
consist of the following:
1) All members shall have a known interest in, and shall have demonstrated
significant interest and commitment to the field of historic preservation,
evidenced either by involvement in a local historic preservation group,
employment or volunteer activity in the field of historic preservation, or
other serious interest in the field.
2) At least one member shall be the Town Historian, appointed annually;
3) At least two members shall be representatives of the Hamburg Historical
Society.
4) At least one member shall be a licensed NYS Realtor.
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E. The Chairperson and Vice Chairperson shall be elected by and from voting
members of the Preservation Board. The term of office shall be two years. If the
Chairperson or Vice Chairperson cannot fulfill his or her term of office, a
successor shall be elected by and from the membership of the Board to fulfill the
remainder of the term until the next regular election.
F. If any Board Member shall resign or otherwise cannot fulfill his or her term of
office, the Town Board shall appoint an interim member to serve the remainder of
the term.
G. The Vice Chairperson shall ensure that minutes of all Board meetings are
suitably recorded, prepared and distributed.
H. The powers of the Preservation Board shall include:
1) To recommend designation of historic landmarks, sites and districts to the
Town Board for its consideration.
2) To advise and make recommendations at the request of the Town Board
on matters of employment of staff and professional consultants as
necessary to carry out the duties of the Board.
3) To make recommendations at the request of the Town Board regarding
criteria for the identification of significant historic, architectural and cultural
landmarks and/or the delineation of historic districts.
4) To make recommendations to the Town Board regarding surveys of
significant historic, architectural and cultural landmarks within the Town.
5) To increase public awareness of the value of historic, architectural and
cultural preservation by developing and participating in education
programs.
6) To advise the Town Board concerning the utilization of state, federal or
private funds to promote the preservation of landmarks and historic
districts within the Town.
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7) To advise the Town Board acquisition of a landmark or structure by the
Town where its preservation is essential to the purposes of this chapter
and where private preservation is not feasible.
8) To assist the Supervising Code Enforcement Officer in the advisement to
the Town Board approval or disapproval of applications for certificates of
appropriateness, subject to review and approval by the Supervising Code
Enforcement Officer.
I. The Board shall meet at least once quarterly.
J. A quorum for the transaction of business shall consist of a majority of the fully
authorized membership of the Board.
K. Any and all advisory opinions or recommendations made to the Town Board shall
include a list of all members present at the meeting where such advice or
recommendation was authorized.
§ 31-6 Designation of historic landmarks, sites and districts.
A. The Preservation Board may recommend designation of an individual property as
a landmark, subject to Town Board approval, if it:
1) Is associated with the lives of individuals or people or events significant in
the national, state or local history.
2) Embodies the distinctive characteristics of a type, period or method of
construction.
3) Represents the work of a master architect or designer or possesses high
artistic values.
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4) Represents a significant or distinguished entity whose components may
lack individual or special distinction.
5) Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B. The Preservation Board may recommend designation of a property or a group of
properties as an historic site, subject to Town Board approval, if it contains
significant historical or cultural sites where buildings or structures no longer exist,
such as a battlefield, cemetery or former transportation facility; or sites which
may yield information important to area history or prehistory.
C. The Preservation Board may recommend designation of a group of properties as
an historic district, subject to Town Board approval, if it:
1) Contains properties which meet one or more of the criteria for designation
as a landmark; or
2) Is an area that represents several periods or styles of architecture typical
of different areas of history; or
3) Is an area that has several buildings of the same architectural period or
style and thus constitutes unified architectural streetscape consistency or
a significant community uniformity of style; or
4) Is an area connected with significant events or cultural occurrences or
developments involving ethnic, religious groups or other groups of special
historical interest; and
5) By reason of possessing such qualities, constitutes a distinct section of
the Town of Hamburg.
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D. The boundaries of each proposed historic district designated henceforth shall be
specified in detail and shall be published on the Town website for public
inspection.
E. Notice of a proposed designation shall be sent by the Town Clerk to the owner(s)
of any property(ies) proposed for historic designationat least 30 days prior to a
meeting open for public discussion. The notice shall describe the property
proposed for designation, summarize the proposed action and announce the
date, time and location of the meeting. A copy of the notice of proposed
designation shall also be sent to the Town Board, and the Supervising Code
Enforcement Officer.
F. The notice of proposed designation shall also be sent to the Town of Hamburg
Highway Department, the Town of Hamburg Engineering Department, the Town
of Hamburg Planning Department, the Town of Hamburg Assessor, Preservation
Buffalo Niagara and any other Town department and/or county or state agency
as appropriate. Each department/agency shall be given 60 days from the date of
transmission to provide comments on the proposed designation to the Historic
Preservation Advisory Board.
G. The Preservation Board shall hold a meeting open for public discussion prior to
recommending to the Town Board designation of any landmark, historic site or
historic district. The Board, the property owner and any interested parties may
present testimony and documentary evidence at the meeting which will become
part of a record regarding the historic, architectural or cultural importance of the
proposed landmark or historic district. The record may also contain staff reports,
public comments or other evidence offered outside of the meeting. A notice of the
meeting shall be published on the Town website at least 30 days prior to the
meeting.
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H. Upon the affirmative vote of a majority of the fully authorized membership of the
Preservation Board, the Board will recommend to the Town Board the
designation of an historic landmark, site or district. The Town Board will review
the Preservation Board’s recommendation for designation of an historic
landmark, site or district and determine whether to take any further action on the
recommendation. If the Town Board chooses to take further action, the Town
Board will conduct a public hearing on at least 60 day written notice to any owner
of property being considered for designation prior to designation of any historic
landmark, site or district. A public hearing notice must be published by the Town
Clerk in the Town's designated official newspaper at least 30 days prior to the
hearing date.
I. The Town Board shall file notice of each property designated as a historic
landmark, site or district and of the boundaries of each designated historic district
with the Erie County Clerk's Office, the Town of Hamburg's Clerk's Office, the
Town of Hamburg Building Inspection Department, the Town of Hamburg
Planning Department, the Town of Hamburg Highway Department, the Town of
Hamburg Engineering Department, and the Town of Hamburg Assessor.
J. Minutes of any business conducted by the Historic Preservation Advisory Board
shall be posted to the Town's website.
§ 31-7 Certificates of appropriateness required.
No person shall carry out any exterior alteration, restoration, reconstruction, excavation,
grading, demolition, new construction or moving of a designated landmark or property
within an historic district, nor shall any person make any material change to such
property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements which affect the appearance or cohesiveness of the landmark or historic
district without first obtaining a certificate of appropriateness from the Town Board. The
Historic Preservation Advisory Board shall advise the Supervising Code Enforcement
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Officer who will then make recommendations to the Town Board regarding any
applications for a certificate of appropriateness.
§ 31-8 Criteria for approval of certificate of appropriateness.
A. In passing upon an application for a certificate of appropriateness, the Town
Board shall not consider changes to the interior of buildings.
B. The Town Board’s decision shall be based upon the following principles:
1) Features which contribute to the character of the historic landmark or
district shall be retained with as little alteration as possible.
2) Any alteration of existing features shall be compatible with its historic
character as well as with the surrounding property.
3) New construction shall be compatible with the property in which it is
located and/or the surrounding historic district.
C. In applying the principle of compatibility, the Town Board shall consider the
following factors:
1) The general design, character and appropriateness to the property of the
proposed alteration or new construction.
2) The scale of proposed alteration or new construction in relation to itself,
surrounding properties and the neighborhood.
3) Texture, materials and color and their relation to the property itself,
surrounding properties and the neighborhood.
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4) Visual compatibility with surrounding properties, including proportion of the
property's front facade, proportion and arrangement of windows and other
openings within the facade, roof shape and the rhythm of spacing of
properties on streets, including setbacks.
5) The importance of historic, architectural or other features to the
significance of the property.
§ 31-9 Application for certificate of appropriateness.
A. Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate with the
Supervising Code Enforcement Officer for review by the Town Board. The
application shall contain:
1) The name, address and telephone number of the applicant.
2) The location and photographs of the property.
3) Elevations drawings of proposed changes, if available.
4) Perspective drawings, including the relationship to adjacent properties, if
available.
5) Samples of color and/or materials to be used.
6) Where the proposal includes signs or lettering, a scale drawing showing
the type(s) of lettering to be used, all dimensions and colors, a description
of materials to be used, the method of illumination and a plan showing the
sign's proposed location on the property.
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(7) Any other information deemed necessary in order to visualize the
proposed work.
B. No building permit shall be issued for such proposed work until a certificate of
appropriateness has first been issued by the Town Board. The Town Board shall
act to approve or deny a certificate of appropriateness within 65 days of the date
upon which a completed application is filed with the Town Board. If the
application is not acted upon within 65 days, the application shall be deemed
approved. The applicant may request an extension of the decision date, if so
desired. The certificate of appropriateness required by this chapter shall be in
addition to and not in lieu of any building permit that may be required by any
other ordinance of the Town of Hamburg.
§ 31-10 Hardship criteria.
A. An applicant whose certificate of appropriateness for a proposed demolition has
been denied may apply for relief on the grounds of hardship. In order to prove the
existence of hardship, the applicant shall establish that:
1) The property is incapable of earning a reasonable return regardless of
whether that return represents the most profitable return possible.
2) The property cannot be adapted for any other use permitted by
Chapter 280, Zoning, which would result in a reasonable return.
3) Efforts to find a purchaser interested in acquiring the property and
preserving it have failed.
B. An applicant whose certificate of appropriateness for a proposed alteration has
been denied may apply for relief on the grounds of hardship. In order to prove the
existence of hardship, the applicant shall establish that the property is incapable
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of earning a reasonable return regardless of whether that return represents the
most profitable return possible.
§ 31-11 Hardship application procedure.
A. After receiving written notification from the Town Board of the denial of a
certificate of appropriateness, an applicant may commence the hardship
application process.
B. The Town Board shall hold a public hearing on the hardship application, at which
time an opportunity will be provided for proponents and opponents of the
application to present their views.
C. The applicant shall consult in good faith with the Town Board, local preservation
groups and interested parties in a diligent effort to seek an alternative that will
result in preservation of the property.
D. All decisions of the Town Board shall be in writing. A copy shall be sent to the
applicant by certified mail, and a copy shall be filed with both the Town Clerk's
office and the Building Inspection Department. The Town Board decision shall
state the reasons for granting or denying the hardship application.
E. No building permit or demolition permit shall be issued while the hardship
application is pending. The Town Board shall make a determination on whether a
hardship exists. Building and demolition permits shall be issued in accordance
with that determination.
§ 31-12 Maintenance and repair required.
A. Nothing in this chapter shall be construed to prevent the ordinary maintenance
and repair of any architectural feature of a landmark or property within an historic
district which does not involve a change in design, material, color or outward
appearance.
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B. No owner or person with an interest in real property designated as a landmark or
included within an historic district shall permit the property to fall into a serious
state of disrepair so as to result in the deterioration of any architectural feature
which would, in the judgment of the Town Board, produce a detrimental effect
upon the character of the historic district as a whole or the life and character of
the property itself. Examples of such deterioration include:
1) Deterioration of exterior walls or other vertical supports.
2) Deterioration of roof or other horizontal items.
3) Deterioration of exterior chimneys.
4) Deterioration or crumbling of exterior stucco or mortar.
5) Ineffective waterproofing of exterior walls, roofs or foundations, including
broken windows or doors.
6) Deterioration of any feature so as to create a hazardous condition which
could lead to the claim that demolition is necessary for public safety.
§ 31-13 Administration; enforcement; display of certificate.
A. Administration. The Supervising Code Enforcement Officer shall administer and
enforce the provisions of this chapter. In connection with overseeing this
responsibility, the Supervising Code Enforcement Officer shall provide a permit
procedure coordinated with the established building permit procedure.
B. Enforcement. All work performed pursuant to this chapter shall conform to any
requirements included herein. It shall be the duty of the Supervising Code
Enforcement Officer to inspect periodically any such work to assure compliance.
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In the event of a finding that the work is not being performed in accordance with
the certificate of appropriateness, the Supervising Code Enforcement Officer
shall issue a stop-work order, and all work shall immediately cease. No further
work shall be undertaken on the project as long as the stop-work order is in
effect.
C. The certificate of appropriateness shall be displayed on the building in a location
conspicuously visible to the public while work pursuant to the certificate is being
done.
§ 31-14 Penalties for offenses.
A. Any person who violates any provision of this chapter or any regulation adopted
hereunder is guilty of an offense punishable by a fine and/or penalty as set forth
in the Schedule of Fines and Penalties. Each week's continued violation shall
constitute a separate violation.
B. Failure to comply with any provision of this chapter shall result in the termination
of any permits issued or any proceedings commenced under provisions of this
chapter.
C. Any person(s) who demolishes, alters, constructs or permits a landmark to fall
into a serious state of disrepair which results in a violation of this chapter shall be
required to restore the property and its site to an appearance acceptable to the
Town Board. Any action to enforce this subsection shall be brought by the Town
Attorney upon authorization by the Town Board. This civil remedy shall be in
addition to and not if lieu of any criminal prosecution and penalty.
§ 31-15 Conflict with other provisions.
Where this chapter imposes greater restrictions than are imposed by the provisions of
any law, ordinance or regulation, the provisions of this chapter shall apply. Where
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greater restrictions are imposed by any law, ordinance or regulation, such greater
restrictions shall apply.
§ 31-16 Compliance required prior to action.
No decision to carry out or approve an action subject to the provisions of this chapter
shall be rendered by any department, board, committee, officer or employee of the
Town of Hamburg until there has been full compliance with all requirements of this
chapter. This shall not prohibit environmental, engineering, economic feasibility or other
studies, preliminary planning or budgetary processes, nor the granting of an application
relating only to technical specifications and requirements, but not authorizing
commencement of action until full compliance with this chapter has been met.
§ 31-17 Applicability.
This chapter shall apply to the entire area of the Town of Hamburg, excluding that area
within the corporate limits of the Village of Hamburg.
§ 31-18 Severability.
If any section, clause or provision of this chapter or the application thereof to any
persons or entities is adjudged invalid, the adjudication shall not affect other sections,
clauses or provisions of this chapter or the application thereof which can be sustained
or given effect without the invalid section, clause or provision or application, and, to this
end, the various sections, clauses or provisions of this chapter are declared to be
severable.
§ 31-19 When effective.
This chapter shall take effect immediately.
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.16. Cybersecurity Conference
WHEREAS, InfraGard Buffalo is hosting a cybersecurity conference “FBI Buffalo: Strengthening your
Security with Operation Winter SHIELD” on March 24, 2026, from 9:00 am – 12:00 pm in
Cheektowaga, NY,
NOW, THEREFORE, BE IT RESOLVED, the Town Board authorizes Jeff Pulinski to attend
the conference with no cost to the department.
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Town Board of the Town of Hamburg
March 23, 2026 Meeting
4.17. LGRMIF Grant Application
WHEREAS, the NYS Local Government Records Management Improvement Fund (LGRMIF) grants
program
provides funds to help local governments establish records management programs or develop new
program components, and
WHEREAS, through document conversion and access, local governments may choose to convert
records to another format through the use of microfilming or imaging, and
WHEREAS, as a means to enhance efficiency, the Town of Hamburg Building Department is
requesting funds from the LGRMIF program to convert records to a digital format.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
The Hamburg Town Board authorizes EECG Consulting, LLC to prepare and submit the LGRMIF
grant application to the New York State Archives, and
BE IT FURTHER RESOLVED, that if the grant is awarded, the Town of Hamburg will commit to the
development and implementation of the proposed project, additionally, the Town of Hamburg will
designate EECG Consulting, LLC to manage the grant on behalf of the Town of Hamburg, and
BE IT FURTHER RESOLVED, as no match is required, all project costs will be initially funded from
the Town of Hamburg General Fund Balance (A000-0000-0909-0000) pending reimbursement from the
awarded grant funds.
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