A.    The regulations for the Planned Districts are designated to:encourage innovation in residential, commercial and industrial development by greater variety in type, design, and layout of buildings;

B.    encourage a more efficient use of land reflecting changes in the technology of land development;

C.    encourage the expansion of urban areas incorporating the best features of modern design while conserving the value of land;

D.    provide a procedure which relates the type, design, and layout of development to the particular site and the particular demand at the time of development in a manner consistent with the preservation of property values within established neighborhoods.

E.    Although the specific conditions within the “P-D” District shall be predetermined, the location of a proposed district must be carefully reviewed to assure that these conditions can be met.  As such, each application for “P-D” zoning shall include a development plan in accordance with the provisions and conditions that follow.

A.    All uses may be permitted in the Planned Development District subject to Plan approval; however, each use included in a particular “P-D” must be specified on the Plan.

B.    The mix of residential and industrial uses within one Planned Development district is discouraged, and will only be permitted on developments of substantial size and with appropriate buffering and transitions between uses.

A.    SIZE: The minimum size allowed for a planned unit development shall be one (1) acre.

B.    The proposed development shall provide adequate access in such a way that the traffic generated by the development will not cause an unreasonably hazardous condition or inconvenience in the area.

C.    The site shall be accessible from public roads that are adequate to carry the traffic that will be generated by the proposed development.  The streets and driveways on the site of the development shall be adequate to serve the residents or occupants of the proposed development.  Streets may be either public or private streets, however all private streets shall meet all design and construction standards applicable to public streets  If it is determined that traffic control signals are required to prevent traffic hazards or congestion upon adjacent streets, the control signals shall be provided at the developer's expense.

D.    Structures and traffic shall be arranged so that all principal structures are accessible to emergency vehicles.

E.    In general, off-street parking should be provided for all uses, in accordance with Article 17 of these regulations. Specific exemptions may be granted by the Planning Commission and Governing Body in regard to the number of off-street parking places required for a particular use or mix of uses after consideration of evidence provided by the applicant or developer showing that the parking needs of the development are less than would be required by Article 17. Parking shall be provided in a manner that reduces to a minimum its adverse physical impact in the area.  Screening parking areas with landscaping or walls, breaking parking areas into smaller units by introducing landscaped areas or other physical separators are suggested approaches. The parking areas should be appropriately spaced to serve those units they represent.

F.    The availability of services and location of public utilities shall have the approval of each agency involved. Evidence to this effect shall be presented with the Preliminary Development Plans.

G.    A Planned Unit Development shall be consistent with the general standards for use of land, and the use, type, bulk, design, and location of buildings, the density or intensity of use, open space, public facilities and the development by geographic division of the site as set out in these regulations.

H.    In the case of residential Planned Development, the Planning Commission may permit in each unit or phase deviations from the number of dwelling units per acre established for the entire planned development, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned development is not affected.

I.     The “P-D” shall include such provisions for the ownership and maintenance of the common open spaces as are reasonably necessary to insure its continuity, care, conservation and maintenance, and to insure that remedial measures will be available to the Governing Body if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the planned development or of the entire community.

J.     In general, screening should be provided for all dissimilar uses, in accordance with Section 18-1806 of these regulations. When a commercial or industrial planned unit development or a commercial or industrial use within a mixed use development abuts a residential district, either adjacent to or within the planned development, a solid or semi-solid fence or wall from six (6) feet in height and having a visual density of not less than ninety percent (90%) per square foot shall be erected.  Such fence or wall shall be on or within three (3) feet of the property line separating the use from the residential zone.  Screen plantings may be used provided the type, size and number are shown on the final development plan and are approved by the Planning Commission.  All required screening and plantings shall be maintained by the residents of the PD district, or by a lawfully created homeowners association.

K.    Any modifications of the zoning or other regulations that would otherwise be applicable to the site may be permitted, providing the design of the Planned Development and the amenities incorporated in it are not inconsistent with the interest of the public generally.

L.    Sidewalks shall be built to City specifications along all public and private streets; however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrian access between each use in the Planned Unit Development.

M.   All signs must conform to the City Sign Ordinance.

N.    Approval of the Final Development Plan may be conditioned by the Planning Commission to minimize any negative impact on the community.

A.    A petition to change to a “P-D” Planned District shall be filed with the City, along with the filing fee as set forth by separate ordinance.  A Preliminary Development Plan shall be attached and shall include the elements set forth in these regulations.  The public hearing and public notice requirements shall be the same as for any rezoning as provided by these regulations.

A.    Action by Planning Commission: After a Preliminary Development Plan per the requirements of this article is filed with the City and has been reviewed by staff and found to contain all of the required information as set out within these regulations, the Planning Commission shall hold a public hearing on said development after giving public notice.  Said public hearing may be adjourned from time to time and, within a reasonable period of time after the conclusion of said public hearing, the Planning Commission shall prepare and transmit to the Governing Body and the applicant a report with respect to the extent which the Preliminary Development Plan complies with these regulations, together with its recommendations in respect to the action to be taken on the Preliminary Development Plan.  The Planning Commission may recommend disapproval, approval, or approval with amendments, conditions, or restrictions.

B.    Action by Governing Body: The Governing Body shall either approve, disapprove, or approve with amendments, conditions or restrictions the Preliminary Development Plan and authorize the submitting of the Final Development Plan. If the Governing Body disagrees with the Planning Commission’s initial recommendation, the application shall be returned to the Planning Commission with written comments for reconsideration.

C.    Substantial or significant changes in the Preliminary Development Plan shall only be made after rehearing and reapproval as required for the initial approval of the Preliminary Development Plan.

D.    For unplatted tracts or tracts being replatted, the approval of the Preliminary Development Plan shall be considered as the approval of a preliminary plat.  To complete the platting process, the applicant need only submit a final plat.  Said final plat shall be in accordance with the subdivision regulations and may be submitted with or incorporated with the Final Development Plan.  The Planning Commission may review the Final Development Plan and the final plat concurrently.

Copies of the Preliminary Development Plan shall be prepared and submitted in accordance with the City’s Application and Review Schedule at a scale dimension of not more than 1”=100'.  In addition to all data required for Preliminary Plats per the City of Wellsville Subdivision Regulations, plans shall include:

A.    Proposed land use patterns within the development;

B.    Phases of final development;

C.    Proposed schedule of construction;

D.    General landscape information including landscaping easements, dedicated open space, pedestrian circulation, buffering and fencing, and general design concepts;

E.    Conceptual exterior building elevations including materials and color palettes to be used;

F.    A description of any limitations to be placed on the range of permitted uses, the hours of operation, the structure and landscape materials to be used and other similar development requirements and/or restrictions in the form of the conditions of the Planned Development zoning; and

G.    A description of any deviations from any other provision of these regulations and the reason for such.

A.    After approval of a Preliminary Development Plan by the Governing Body, the landowner shall file with the Register of Deeds a statement that such a plan has been filed with the Governing Body and has been approved and that such Planned Development is applicable to certain specified legally-described land and that copies of said plan are on file with the City.  Such statement recorded with the Register of Deeds shall also specify the nature of the plan, the proposed density or intensity of land uses and other pertinent information sufficient to notify any prospective purchasers or users of land of the existence of such a plan.  The recorded statement shall specify that the Preliminary Development Plan shall become binding upon all successors and assigns unless amended in conformance with this act.

B.    Prior to the issuance of any building permit or zoning certificate for construction on or use of the property the applicant shall submit a final development plan application for final approval.  The final application may include the entire Planned Development or may be for a phase thereof as set forth in the approval of the Preliminary Development Plan. The application shall include copies of such drawings, specifications, covenants, easements, conditions and form of performance bond as set forth in the approval of the Preliminary Development Plan and in accordance with the conditions established in the zoning regulations for Planned Development.

C.    The Planning Commission shall approve the Final Development Plan if such plan meets the requirements of this article and is in substantial compliance with the approved Preliminary Development Plan.  Final Development Plans shall be deemed to be in substantial compliance with the approved Preliminary Development Plan provided any modification to the plan does not:

(1)   Vary the proposed gross residential density or intensity of use by more than five percent (5%) or involve a reduction in the area set aside for common open space, or the substantial relocation of such area, or;

(2)   Substantially change the design of plan so as to significantly alter, as determined by the Planning Commission:

(a)   Pedestrian or vehicular traffic flow.

(b)   The juxtaposition of different land uses.

(c)   The relation of open space to residential development.

(d)   The proposed phasing of construction.

(e)   The exterior appearance of buildings and/or structures.

D.    In the event that the Final Development Plan submitted contains substantial changes from the approved Preliminary Development Plan, the applicant shall submit a revised Preliminary Development Plan for approval per the Preliminary Development Plan Approval Procedure requirements.  This resubmittal shall require a new public hearing in the same manner prescribed in this article for original Preliminary Development Plan approval.

Final Development Plan: Following Preliminary Development Plan approval and platting, if necessary, copies of the Final Development Plan shall be submitted in accordance with the City’s Application and Review Schedule and shall include the following information:

A.    All residential development other than multi-family residential shall include the following:

(1)   All requirements of the Preliminary Development Plan (updated to show final sizes, dimensions and arrangement);

(2)   Contour lines showing finished grading only;

(3)   A landscaping plan per Article 18, Lighting and Landscaping Requirements, in addition to any additional requirements of the Preliminary Development Plan approval; and

(4)   The location, height, size, materials and design of all proposed signage; and

(5)   Conceptual exterior building elevations including materials and color palettes to be used.

B.    All non-residential or multi-family development shall include all information required per the Article 22, Section 2211 through 2217 of the Wellsville Zoning Regulations relating to Site Plans, with the exception of any approved deviation.  Approval of each phase of the Final Development Plan shall also constitute site plan approval for that phase.

Planned Development District ordinance or an approved preliminary or Final Development Plan may be amended in the same manner prescribed in this article for approval of a preliminary or Final Development Plan. Application for amendment may be made by the homeowner's association or 51% of the owners of property within the “PUD”.

Building Permits: On final approval by the Planning Commission, the owner shall provide copies of the approved Final Development Plan to the City.  Building permits shall be issued only in accordance with the approved Final Development Plan.

(Ordinance 817: 7/7/09)