Wellsville City Zoning Code

The Historic District (HD) Overlay Zone is intended to identify those properties in the City which are included within the defined boundaries of a designated National Historic District. The City of Wellsville does not currently, at the time of adoption of this chapter, designate a historic district. In the event that the City chooses to form an historic district, this overlay shall take effect by formal adoption by the City Council. (Ord. 2019-04, 10-16-2019)

   A.   Procedure: The City Council may initiate a survey to include outlying areas of the district in order to determine the appropriateness of modifying the district boundaries. The results of the survey for the outlying area(s) as well as the proposed boundaries shall be submitted to the State Historic Preservation Office and the National Trust for Historic Preservation for review and recommendation.

   B.   Adoption: The City Council may modify district boundaries upon presentation of the results of the survey and any comments from Historic Preservation Committee and the State Historic Preservation Office. A public hearing shall be held prior to action by the Council. The City Council may approve or deny the request for modification of the Center Street National Historic District. The Council shall enact changes in boundaries by ordinance.

   C.   Findings:

      1.   The district boundaries may be expanded if it is found that a concentration of historic structures or sites exist in areas neighboring current boundaries and a recommendation for expansion is received from the State Historic Preservation Office and/ or the National Trust for Historic Preservation.

      2.   The district boundaries may be reduced if it is found that such a reduction is necessary to maintain the status of the overall district. This may occur if properties within an area of the district have ceased to meet criteria provided by the State Historic Preservation Office or the National Trust of Historic Preservation and therefore threaten the overall integrity of the district.

      3.   Non-contiguous districts may be created if it is found that the area has a concentration of contributory historic structures or sites and a recommendation for creation is received from the Historic Preservation Committee and the State Historic Preservation Office. (Ord. 2019-04, 10-16-2019)

Individual structures and sites outside of the Historic District may apply for individual nomination to the National Register of Historic Places. The State Historic Preservation Office reviews all requests for individual nomination. (Ord. 2019-04, 10-16-2019)

Upon establishment of a Historic District, the City Council may assign the duties of Chapter 10-27 to the Historic Preservation Committee or the Planning Commission. (Ord. 2019-04, 10-16-2019)

   A.   New Construction:

      1.   New construction within the HD Overlay Zone shall be subject to obtaining a Certificate of Appropriateness and a Design Review permit prior to the issuance of a building permit.

      2.   Prior to the design review hearing, the project shall be presented to the Historic Preservation Committee for its recommendation.

      3.   New construction is subject to all requirements of the Uniform Building Code, Public Works Standards and Specifications, and development requirements of other appropriate departments.

   B.   Remodeling, Renovation, Restoration:

      1.   Interior changes are not subject to design review;

      2.   Exterior changes:

         a.   If the structure is a “landmark” historic structure, the exterior changes shall be presented to the Historic Preservation Committee for its Certificate of Appropriateness.

         b.   If the structure is “contributory,” routine maintenance and upkeep, repainting or replacing roofing, shutters, trim, or similar decorative items with similar or lie materials shall not require presentation to the Historic Preservation Committee under the procedures in Section 10-27-7(B)(1).

         c.   If the structure is “contributory” or “non-contributory” and the changes involve additions, renovation, exterior remodeling, or major changes in color, material, texture, or size, the project shall be presented to the Historic Preservation Committee for a Certificate of Appropriateness prior to the issuance of a building permit or commencement of work, if no permit is required. (Ord. 2019-04, 10-16-2019)

   A.   Required: No alteration in the exterior appearance of a structure, site or streetscape affecting a property or properties within the HD Overlay District shall be made or permitted to be made without the issuance of a Certificate of Appropriateness by the Historic Preservation Committee or Planning Commission as applicable pursuant to Section 10-27-7(B). Certificates of Appropriateness shall be required for:

      1.   New construction;

      2.   Any demolition;

      3.   Any exterior construction needing a building permit, unless otherwise determined by the Planning Commission to be eligible for administrative review;

      4.   Removal or replacement/alteration of architectural detailing, such as porch columns, railing, window moldings, window sash replacements, cornices;

      5.   Construction of additions;

      6.   Construction or alterations of accessory structures, such as garages and sheds;

      7.   Construction or alterations of porches and decks;

      8.   Exterior masonry work including, and not limited to, sandblasting and chemical cleaning;

      9.   Installation of new siding and roof materials;

      10.   Alteration of streetscape features including, and not limited to, curb, gutter and canals;

      11.   Installation or alteration of any exterior sign; and

      12.   Construction or alterations of site features including, and not limited to, fences and retaining walls.

   B.   Procedure:

      1.   All projects shall be reviewed by the Historic Preservation Committee prior to the issuance of a Certificate of Appropriateness. An application for a Certificate of Appropriateness shall be made on the appropriate application and submitted to the City. The City shall determine the completeness of the application to be considered by the Historic Preservation Committee.

      2.   The Committee may approve, conditionally approve or deny the application after reviewing all materials submitted, the recommendation of the Planning Commission and conducting a field inspection if necessary. Applications shall be reviewed to determine consistency with design standards provided in the City of Wellsville Historic District Design Standards and the Secretary of the Interior’s Standards for Rehabilitation. The Committee shall make written findings of all its decisions.

   C.   Application Materials: In addition to the appropriate application form, the application shall include all documentation required by the Historic Preservation Committee.

   D.   Public Notice: Certificates of Appropriateness are processed under the provisions of Chapter 10-63 and the requirements of this chapter. Applications for Certificates of Appropriateness are heard before the Historic Preservation Committee.

   E.   Appeals:

      1.   All administrative decisions may be appealed to the Historic Preservation Committee within fifteen (15) days following the administrative decision.

      2.   Decisions of the Historic Preservation Committee may be appealed to the Planning Commission within fifteen (15) days following the Committee’s decision. (Ord. 2019-04, 10-16-2019)

   A.   Adoption of the City of Wellsville Historic District Design Standards: Prior to the adoption of the Historic District Design Standards, the Historic Preservation Committee shall utilize the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as standards for project review.

   B.   Review of Certificates of Appropriateness: In approving an application for a Certificate of Appropriateness, the Historic Preservation Committee shall find that the project substantially complies with standards outlined in the Historic District Design Standards and the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, including the following standards:

      1.   A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

      2.   The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

      3.   Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

      4.   Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

      5.   Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

      6.   Deteriorated historic features shall be repaired or restored rather than replaced. Where the severity of deterioration requires replacement of distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

      7.   Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

      8.   Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

      9.   New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

      10.   New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Ord. 2019-04, 10-16-2019)

   A.   Signs within Residential Areas of the Historic District Overlay Zone Sign requirements for businesses in the residential areas of the Historic District are subject to the following standards and specifications and are not subject to the standards in Chapter 10-40, Signs.

      1.   Signs shall be single sided and located on private property;

      2.   Signs shall be flush mounted on the structure or fence, as approved by the Historic Preservation Committee and shall not exceed two feet in sign area.

      3.   Signs may be illuminated by a single external light source mounted in the ground. The light shall be shielded so that the source of light is not visible from adjoining property or a street.

   B.   Signs within Commercial Areas of the Historic District Overlay Zone:

      1.   No pole mounted signs shall be permitted within the commercial portions of the Historic District.

   C.   Signs Displaying Historic Information of Site or Structure: Signs displaying historic information of site or structure are subject to the standards to be identified in the City of Wellsville Historic District Design Standards and are not subject to the standards in Chapter 10-40, Signs. (Ord. 2019-04, 10-16-2019)

This code applies to all development activities including: Recreational Planned Developments, Recreational Resorts, and Subdivisions in the Urban/Wildland Interface lands, and structures not included within a platted development. The specific needs for fire prevention in these high-fire prone areas are provided in addition to other building requirements. (Ord. 2019-04, 10-16-2019)

See 10-34-9 Development Standards for Lands with Wildfire Threats. All subdivisions and development project shall submit a Fire Prevention and Control Plan as part of the project approval. (Ord. 2019-04, 10-16-2019)

   A.   Driveways: Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than one hundred fifty feet (150') from a fire apparatus access road. Driveways shall provide a minimum unobstructed width of twelve feet (12') and a minimum unobstructed height of thirteen feet (13') six inches (6"). Driveways in excess of one hundred fifty feet (150') in length shall be installed and maintained with turnarounds. Driveways in excess of two hundred feet (200') in length and less than twenty feet (20') in width shall be installed and maintained with turnouts in addition to turnarounds. A driveway shall not serve in excess of five (5) dwelling units. Driveway turnarounds shall have inside turning radii of not less than thirty feet (30') and outside turning radii of not less than forty-five feet (45'). Driveways that connect with a road or roads at more than one (1) point may be considered as having a turnaround if all changes of direction meet the radii requirements for driveway turnarounds. Driveways surfaces and base shall be sufficient to support the weight of fire prevention apparatus as approved by the fire chief.

   B.   Grade: The gradient for fire apparatus access roads and driveways shall not exceed the maximum approved by the fire chief. It will be up to the fire chief to ascertain the maximum grade based on specifications of the fire equipment providing fire protection, provided that the maximum grade shall not exceed ten percent (10%) unless a steeper grade is specifically approved and record in a letter by the fire chief. (Ord. 2019-04, 10-16-2019)

   A.   Notwithstanding Section 508 and Appendix B of the International Fire Code and because of a greater exposure of fire in Urban Interface areas, an approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, structures or portions of buildings are hereafter constructed or moved into clustered large scale developments in the Urban Interface.

   B.   The minimum fire flow and flow duration shall meet the requirements of the International Fire Code.

   C.   A reduction in required fire flow of up to seventy five percent (75%), as approved by the Fire Chief, is allowed when the building is provided with a fire extinguishing system in accordance with Appendix B sections B103 and B105 of the International Fire Code, and when an adequate vegetation clearance in accordance with Section 10-28-7 of the City of Wellsville Code is maintained.

   D.   The above restrictions shall not apply to any dwelling outside of a legally existing subdivision which is in the Urban Interface and is provided with a fire break as defined herein and as such firebreak is maintained by the owner - occupant. Also excluded are any "B” “E”, “F", “M”, and “S-2" occupancies under nine hundred (900) square feet, and farm buildings.

   E.   Water storage supplies shall likewise be calculated to provide the required daily culinary supply for each building lot plus the required fire flow for the building having the greatest demand.

   F.   The fire flow requirements of this section shall not be applied in developments approved prior to establishment of zoning regulations. Facilities, buildings, and structures constructed or expanded after the effective date of this paragraph, in said developments, which fail to comply with the emergency water requirements of this section shall not exceed fifteen hundred (1500) square feet of Floor Area as defined by the International Fire Code unless a fire extinguishing system in accordance with Section 904 of the International Fire Code or listed automatic sprinkler system in accordance with Section 10-28-5B is installed or adequate fire flow is provided. (Ord. 2019-04, 10-16-2019)

The International Fire Code is hereby amended to include the following provisions:

   A.   Structures shall not be constructed on slopes exceeding twenty percent (20%).

   B.   Homes shall meet all National Fire Protection Association (N.F.P.A.) 13D requirements, modified as follows:

      1.   Provide Fire Sprinklers in all garages, and mechanical (furnace) rooms.

      2.   Provide Fire Sprinklers in covered decks and walkways greater than four feet (4') wide.

      3.   All remodeling of existing homes shall provide fire protection devices consistent with or superior to the fire protection standards of the existing nonconforming use.

   C.   Roof Coverings: Roof coverings shall be constructed of UL listed Class A or B materials in accordance with the International Building Code or shall be constructed of an approved non-combustible roof covering. No wood roof coverings are permitted in the Urban Interface. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be fire stopped to preclude entry of flames or embers. When one-half or more of an existing non-conforming roof covering needs to be replaced, the entire roof shall be brought into compliance with this code.

   D.   Protection Of Eaves: Combustible eaves, facias and soffits shall be enclosed with solid materials with a minimum thickness of 3/4 inch. No exposed rafter tails shall be permitted unless constructed of heavy timber materials.

   E.   Gutters And Down Spouts: Gutters and down spouts shall be constructed of noncombustible material.

   F.   Exterior Walls: The exterior side walls of buildings or structures shall be constructed with approved non-combustible materials or with materials approved for a minimum of 1-hour fire-resistance rated construction installed over an approved noncombustible backing. Such material shall extend from the top of the foundation to the underside of the roof sheathing. When one-half or more of an existing nonconforming exterior wall needs to be replaced, the entire exterior wall shall be brought into compliance with this code. Exception: Heavy timber or log wall construction, with a minimum thickness of 8 inches.

   G.   Unenclosed Underfloor Protection: Buildings or structures shall have all underfloor areas enclosed to the ground, with exterior walls in accordance with Section 10-28-5F.

Exception: Complete enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy timber construction, or are protected by an approved outside sprinkler system.

   H.   Appendages And Projections: Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be a minimum of 1-hour fire-resistance-rated construction, heavy timber construction, constructed with approved noncombustible materials, or protected by an approved outside sprinkler system. When the attached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than ten percent (10%), the area below the structure shall have all underfloor areas enclosed to within six inches (6") of the ground, with exterior wall construction in accordance with Section 10-28-5 F or shall be protected by an approved outside sprinkler system.

   I.   Exterior Glazing: Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire-protection rating of not less than twenty (20) minutes.

   J.   Exterior Doors: Exterior doors shall be approved non-combustible construction, solid core wood not less than 1 3/4-inches thick or have a fire protection rating of not less than twenty (20) minutes. Windows within doors and glazed doors shall be in accordance with Section 10-28-5 I.J.

Exception: Vehicle access doors.

   K.   Vents: Attic ventilation openings, foundation or underfloor vents or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed one hundred forty four (144) square inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located at least 10 feet from property lines. Underfloor ventilation openings shall be located as close to grade as practical.

   L.   Detached Accessory Structures: Detached accessory structures located less than fifty feet (50') from a building containing habitable space shall have exterior walls constructed with materials approved for a minimum of 1-hour fire-resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible material on the exterior side. When the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have all underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 10-31-50 F or underfloor protection in accordance with Section 10-28-5 G.

Exception: The enclosure may be omitted where the underside of all exposed floors and all exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire resistance-rated construction or heavy timber construction. See Section 10-28-5 C for roof requirements. (Ord. 2019-04, 10-16-2019)

Where manufactured homes are permitted, they shall meet all applicable construction and safety standards and shall be provided with full skirting constructed of noncombustible materials. Any porches and sun-decks shall be constructed of non-combustible or listed fire-retardant materials. (Ord. 2019-04, 10-16-2019)

   A.   Notification: The City of Wellsville Fire Chief shall be notified, in writing, and a site plan submitted for approval before development or construction of any structure commences so that vegetation can be evaluated and ample clearance around structure(s) can be determined.

   B.   Minimum Requirements. Unless otherwise specified by the Fire Chief, minimum vegetation clearance will be as follows:

      1.   Groups of dwelling (cluster). Each cluster shall be located to provide a fire break of a width of one hundred feet (100') or more, depending on topography and fuels, constructed around the development. This area shall be free of all dead and downed material. Mature trees within the break shall be pruned up to a minimum of six feet above the ground so that no limbs are contiguous with ground fuels. The remaining ground vegetation shall be trimmed not to exceed six inches (6") in height.

      2.   Structures. Vegetation shall be cleared and maintained to a maximum of 4 in. in height within thirty feet (30') of the structure and a maximum of eighteen inches (18") from thirty (30) to fifty feet (50'). Areas beyond fifty feet (50') shall be determined by the Fire Chief.

      3.   Trees. Trees within fifty feet (50') of a structure shall comply with the following:

         a.   Canopies shall be a minimum of ten feet (10') apart.

         b.   Canopies shall not be permitted to extend within ten feet (10') from under eaves, decks, or balconies or chimney openings.

         c.   Trees within fifty feet (50') of a structure shall be pruned to a height of ten feet (10') above the ground, trees less than thirty five feet (35') in height shall have the entire lower half pruned.

         d.   All trees within fifty feet (50') of a structure shall be kept free of dead or dying materials.

      4.   Dead Vegetative Material. All dead vegetative material shall be removed and maintained clear within fifty feet (50') of any structure.

      5.   Propane or Fuel tanks. Ground vegetation around tanks shall be maintained no higher than four inches (4") for a minimum of a ten feet (10') radius. Trees and brush shall be trimmed maintaining a minimum of three feet (3') above the tank.

      6.   Fire Hydrants. Vegetation or other obstructions shall be maintained below 4 inches high. Clearance shall be provided three feet on all sides of the hydrant and extend to the roadway.

      7.   Disposal of Flammable Vegetation and Fuels. Disposal, including chipping, burying, or removal to an approved landfill shall be completed prior to final inspection of a building permit. Open Burning of these materials is prohibited.

   C.   Recreational Fires:

      1.   Recreational open fires shall be located a minimum of twenty five feet (25') from a structure or combustible material unless contained in an approved barbecue pit located a minimum of ten feet (10') from combustible foliage, walls, or roofs. An opening in the overhead canopy shall be provided to prevent the pyrolysis of the foliage.

      2.   The pile of fuel to be burned in the fire area for recreational fires shall not be larger than three feet (3') in diameter and two feet (2') high.

      3.   A garden hose connected to a water supply or other approved fire- extinguishing equipment shall be readily available for use at recreational fires.

      4.   Recreational fires are required to be constantly attended by a person knowledgeable in the use of the fire- extinguishing equipment. The attendant shall supervise the burning material until the fire has been extinguished. (Ord. 2019-04, 10-16-2019)

   A.   Firewood and combustible material shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. When required by the Fire Chief, storage of firewood and combustible material stored in the defensible space shall be located a minimum of thirty (30) feet from structures and separated from the crown of trees by a minimum horizontal distance of fifteen (15) feet.

   B.   Storage for off-site use. Firewood and combustible materials not for consumption on the premises shall be stored so as to not pose a hazard. (Ord. 2019-04, 10-16-2019)

Fireworks shall not be used or possessed within the Urban-Wildland Interface Overlay Zone. (Ord. 2019-04, 10-16-2019)

The Greenfield Overlay zone is intended to provide complete residential neighborhoods in undeveloped land; neighborhoods with parks and trails connecting churches, schools, employment, and conveniences. The GF Overlay zones will avoid development on critical lands, preserve the qualities of the land, and provide diversity of residents, housing types, and income levels. The Greenfield Overlay Zone is provided for development in the future as Wellsville becomes larger and opportunities increase for satellite neighborhoods outside of the City Center. (Ord. 2019-04, 10-16-2019)

The Development of Greenfields ensures that undeveloped properties within the City are planned and developed to provide more complete neighborhood developments. These developments are intended to be viable and sustainable residential neighborhoods containing a mix of uses, housing densities and types catering only to local neighborhoods. Greenfield areas may include appropriately-scaled neighborhood centers. A foundational purpose of allowing a mix of uses in GF neighborhoods is to prevent the proliferation of sprawling near-identical subdivisions, reduce the impact of new development on infrastructure systems, and allow residents to work, shop, and play closer to home.

The requirements of the GF Overlay are applied in addition to the base zone of the property. Unless otherwise shown on the General Plan, the GF zone may be applied in any base residential zone. Specific Development Plans for each area must be prepared and adopted as an overlay zone amendment by the City Council prior to development.

Greenfield developments may be initiated by a developer, but an adopted Specific Plan of the larger area must precede zoning of a development property. Specific Plans will serve as the guiding master plan approval for properties with a Greenfield Overlay, ensuring implementation of the concept at the site-specific level. Specific Plans for GF properties will include:

   A.   A street system plan must be consistent with Wellsville's policies and standards to extend the city's grid into newly developed areas.

   B.   A connected system of blocks, mini-blocks and off-street pedestrian ways.

   C.   Land uses and design supportive of transit, existing and proposed.

   D.   Appropriately scaled mixed use neighborhood centers, where local shopping and services are within a five (5) - ten (10) minute walk of neighborhood residents.

   E.   A variety of residential densities, so that choices in housing are provided.

   F.   A variety of housing types and lots sizes within each density category, to add visual interest and avoid a repetitious sprawl pattern.

   G.   Provision for parks, open spaces and community facilities such as schools.

   H.   Protection, restoration and enhancement of environmental resources, such as wetlands.

   I.   Environmental areas planned as amenities to the neighborhoods.

   J.   Design standards consistent with this Code's requirements for complete and walkable streets, building orientation, architectural detailing, and all other quality design requirements.

   K.   New design standards as needed to foster innovation and sustainable development, provided they meet or exceed the performance of Wellsville's adopted base standards. (Ord. 2019-04, 10-16-2019)

The RPD, Recreational Planned Development district is to provide a zone to allow sensitive utilization of land in mountainous areas. It is intended to allow the preservation of open spaces by clustering of built facilities. These provisions are to protect the beauty and desirable environments of the mountains within the city. This chapter also intends to protect all land resources which are sensitive to the impacts of development. The RPD district corresponds to the RPD land use classification of the General Plan. (Ord. 2019-04, 10-16-2019)

Required. (Ord. 2019-04, 10-16-2019)

   A.   Maximum: The maximum base density shall not exceed one occupied unit for every two (2) acres of buildable area. The maximum gross floor area allowed for retail and other support use shall not exceed one percent (1%) of the buildable area.

   B.   Determination Of Buildable Area: The buildable area shall be determined by subtracting the following from the total area of the RPD:

      1.   All areas having a slope of twenty percent (20%) or greater;

      2.   All areas where native soils are classified by the Natural Resources Conservation Service (NRCS), as having severe limitations for foundations for low buildings and all native soils having no interpretations. Soil types classified as having severe limitations may be included for maximum base density; provided, however, the developer submits with his application an engineering report that defines the soils limitations and detailed engineering plans that will reduce the possible hazard to an acceptable standard as determined by the city and recommended by a professional geotechnical engineer. These soils include high water table, soils with high shrink-swell potential, areas subject to flooding, and areas having a high degree of slope.

      3.   All Critical lands as described in subsection Chapter 10-34 of this code. (Ord. 2019-04, 10-16-2019)

The minimum size of an RPD shall not be less than ten (10) acres. The City Council may, upon recommendation of the Planning Commission, allow an RPD on smaller parcels if the City Council finds that the proposed RPD meets the standards of Article V, and that the benefits of such action outweigh any potential negative effects on surrounding properties. (Ord. 2019-04, 10-16-2019)

Parking, Section 10-38-8. (Ord. 2019-04, 10-16-2019)

Signs, Chapter 10-40. (Ord. 2019-04, 10-16-2019)

   A.   Form And Content: The form and content of the preliminary development plan shall be as follows:

      1.   Zone Changes: Any written requests for proposed changes to existing zoning district boundaries or zoning classifications that are necessary for approval of the RPD.

      2.   Scale Of Site Plan: The site plan shall be drawn to a scale not smaller than one inch equals sixty feet (1" = 60'), and shall be on standard twenty four inch by thirty six inch (24" x 36") paper or smaller.

      3.   Information Required: The preliminary development plan shall contain the following information:

         a.   The proposed name of the RPD;

         b.   Where the submitted plan covers only a part of the RPD's tract, or is part of a larger area, the plan shall show the location of the proposed RPD within the larger tract or parcel of land. In such case, a sketch of the prospective future street system of the remaining parts shall be submitted, and the street system of the part submitted shall be considered in light of adjustments and connections with the future street system of the larger area;

         c.   A vicinity map containing sufficient information to accurately locate the property shown on the plan and map;

         d.   The names and addresses of the owner, the developer, the engineer or surveyor of the RPD, and the owners of all lands or parcels immediately adjoining the land to be included in the RPD as shown on the records of the city;

         e.   A contour map drawn at two foot (2') intervals on all plans, unless waived in writing by the city planner;

         f.   The boundary lines of the tract to be developed;

         g.   All lot sizes or development parcels shall be indicated in square feet, or acres to the nearest tenth;

         h.   Existing curbs, gutters, sidewalks, sanitary sewers and manholes, storm drains and manholes, water supply main valves, culverts and fire hydrants within the tract or within two hundred feet (200') of the boundaries of the proposed RPD. The dimensions of all such improvements shall also be indicated;

         i.   The location, width and other dimensions of lots or parcels, proposed curbs, gutters, sidewalks, streets, easements, parks, land to be dedicated to the city, and other open spaces with proper labeling;

         j.   The location, principal dimensions and names of all existing or proposed streets, alleys and easements, both within the proposed RPD and adjacent to the boundary thereof, whether recorded or claimed by usage; the location of and distance to the nearest existing bench mark (or monument) and section line; and the location and principal dimensions of all watercourses, ditches, public utilities, and other important features; and existing structures within the land adjacent to the tract to be included in the RPD, with railroads and exceptional topography;

         k.   The location of existing bridges, culverts, surface or subsurface drainageways, utilities, public buildings, pumping stations or appurtenances, within the RPD or within two hundred feet (200') thereof;

         l.   Proposed water facilities, sanitary sewers, storm drainage facilities and fire hydrants, located either within or without the RPD;

         m.   A plan by which the developer proposes to handle, within the RPD, the storm water drainage. This system must be adequate to handle a one hundred (100)-year storm with provisions to prevent storm water damage to adjacent properties;

         n.   Each sheet of the development plan shall contain the name of the RPD, the scale of the drawing (not less than sixty feet (60') to the inch), the sheet number, an arrow indicating north and a vicinity map;

         o.   Boundary lines of adjacent tracts of land, showing ownership and property monuments;

         p.   A tabulation of each proposed use by acreage and its percentage of the total acreage;

         q.   Parks, playgrounds, common areas and facilities, limited common areas and facilities, and other improvements within the RPD;

         r.   Location of all residential structures and other structures in the RPD, the common areas, limited common areas and other areas of ownership;

         s.   Typical landscape planting plan for each landscaped area of the RPD, which will be held in common or limited common ownership;

         t.   Building elevations and basic floor plans for all buildings within the RPD or guarantees in the form of covenants that the buildings will be compatible in value and design with other buildings in the RPD;

         u.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed plan as submitted.

   B.   Submission Of Documents: Submit three (3) sets of twenty four inch by thirty six inch (24" x 36") drawings and one set of all documents (including reduced drawings) at eight and one-half inches by eleven inches (8-1/2" x 11") to the city offices, not later than fourteen (14) days prior to the date of the next public meeting which the RPD will be considered.

   C.   Fees: An application fee and a fee for each occupied unit shall be assessed for the processing of an RPD. The amount of all fees shall be based on a fee schedule adopted and amended by resolution or ordinance of the City Council. The applicant shall also reimburse the city, prior to issuance of building permit, for all professional fees incurred to review and process the RPD.

   D.   Conditions May Be imposed; Disapproval: The Planning Commission may recommend and the City Council may impose such conditions on the development plans as they deem appropriate to meet the goals and objectives of this title, or may disapprove an RPD which is found to be deficient in meeting the intent of these provisions. (Ord. 2019-04, 10-16-2019)

The City Council may, upon recommendation of the Planning Commission, approve in concept, the preliminary development plan for the RPD plan; provided, that they find:

   A.   The RPD project will provide more efficient use of the land and more usable open space than a conventional development pattern permitted under the subdivision regulations;

   B.   No portion of the RPD will create increased unreasonable hazards to the health, safety and general welfare of the occupants of the proposed RPD and adjacent areas or residents of the city;

   C.   All Critical lands, as specified in the subdivision ordinance and the master plan are reasonably preserved in the RPD (Chapter 10-34). (Ord. 2019-04, 10-16-2019)

Failure to submit a final development plan within one year of the date of approval of the preliminary development plan shall terminate all proceedings and render approval of the preliminary development plan null and void. In projects that are constructed in successive phases, the submission of final development plans for one phase will continue in effect and approval for the balance of the project for one year from the date of approval of the most recently submitted final development plan. This process can be repeated as often as necessary until final development plans have been submitted and approved for all of the proposed project. Failure to submit additional final development plans for successive phases within one year from the date of approval for the most recent final development plan at any one point in the process will render the balance of the development plan null and void. Resubmission to and approval of a preliminary development plan by the City Council, upon recommendation of the Planning Commission, will be required prior to any additional final development plan approvals in order for the project to continue. (Ord. 2019-04, 10-16-2019)

   A.   Required; Time Limit; Extension: A final development plan of all or part of the RPD shall be prepared by the developer and submitted to the city manager, together with the required fees. All final development plans must be signed by a licensed surveyor and must conform to city design standards. The one (1)-year time limit for submission and approval of the final development plan may be extended by the Planning Commission for up to one additional year.

   B.   Requirements for Submission: The following shall be submitted for review for the final development plan:

      1.   Plan Details: The final development plan shall be submitted on white bond paper having outside or trim line dimensions of twenty-four inches by thirty-six inches (24" x 36"). The plan shall be drawn so that the top of the drawing faces north. The plan shall be made to a scale large enough to clearly show all details and in any case not smaller than one inch equals sixty feet (1" = 60'). Plats requiring submission to the county recorder must be prepared by a licensed surveyor. All buildings must be prepared by an architect or engineer licensed to practice in the State of Utah. All other plans shall be prepared by an architect, landscape architect or engineer licensed to practice in the state within the realm for which they are licensed. The finished drawing shall be readable and shall be in conformance with the format approved by the city and the county recorder.

      2.   Contents of Plan: The final development plan shall contain the following information:

         a.   The name of the RPD;

         b.   A north arrow (point), the scale of the drawing and the date of preparation of the plan;

         c.   All lot sizes, which shall be indicated in square feet;

         d.   Accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the RPD, properly tied by reference to two (2) public survey monuments. These lines shall be heavier than street and lot lines;

         e.   The names, widths, lengths, bearings and curve data of proposed streets, public utility and irrigation easements; also, the boundaries, bearings and dimensions of all portions within the RPD intended to be dedicated to the use of the public; also, the lines, dimensions, bearings and numbers of all lots, blocks and parts reserved for any reason within the RPD. All lots, blocks and streets shall be numbered in accordance with the street numbering system adopted by the city. In the case of corner lots, an address will be assigned for each part of the lot having frontage. Streets may be named; however, each street must have a number;

         f.   A licensed land surveyor's certificate of survey;

         g.   The description of the boundaries of the RPD, together with a certification by the developer's engineer or land surveyor stating that the lots described fu\\y comply with the requirements of this title;

         h.   The owner's certificate of dedication as required by the county;

         i.   The signature of every person who owns property within the RPD and a notary public's acknowledgment of all such signatures;

         j.   The Planning Commission approval of the development plan, with the signature of the Planning Commission chairperson;

         k.   The City Council's approval shown by the signature of the mayor and attested to by the city recorder;

   I.   The city engineer's approval and signature;

         m.   A notice of all covenants, conditions and other restrictions which may be relevant and applicable to the property contained in the plan;

         n.   Designation of common areas, limited common areas and private ownership areas;

         o.   Identification of landscaped areas, parking areas, driveways and other features required by this section, and a detailed landscape planting plan and irrigation system plan for each landscaped area of the RPD, which is to be held in common or limited common ownership;

         p.   Three-dimensional drawings of multi-storied buildings and building elevations where required;

         q.   Restrictions and other information required by the Planning Commission and/or the City Council;

         r.   All required construction drawings, including profile plans and other required construction drawings, which shall be submitted to the city engineer. These drawings must be approved by the city engineer prior to the City Council review of the final development plan, and shall be submitted at least fourteen (14) days prior to the Planning Commission review of the final development plan;

         s.   Complete declaration of covenants, conditions and restrictions, bylaws and all other required documents shall be submitted for approval by the city attorney at least fourteen (14) days prior to Planning Commission review of the final development plan. Condominium ortimeshare documents shall also be submitted if condominium ownership is allowed within the RPD. The developer shall be required to pay an additional fee for such review in an amount sufficient to reimburse the city for all costs (including the city attorney's time) incurred in reviewing said documents;

         t.   Copies of any required agreements with property owners adjacent to the proposed RPD, or any other person;

         u.   Written approval of adjoining ditch or canal companies to authorize mandatory fencing (if such approval is required).

      3.   Statement of Intent: A statement of intent shall be submitted with each final development plan. A statement of intent is a narrative describing the intangible concepts the developer proposes to implement with the RPD. The statements shall be descriptive and shall include, but may not be limited to:

         a.   Market analysis;

         b.   Design theme of entire project, to include architectural, landscaping, signage, lighting, roads and walkways;

         c.   Common area amenities not detailed on the plan;

         d.   Proposed budget for common area amenities and landscaping;

         e.   Maintenance and repair of common, limited common and private areas;

         f.   Project construction phasing;

         g.   A time schedule for the completion of common area facilities, including landscaping, parking, parks and other improvements.

      4.   Submission Of Documents: Submit three (3) sets of twenty-four inch by thirty-six inch (24" x 36") drawings and one set of all documents (including drawings) at eight and one-half inches by eleven inches (8-1/2" x 11") to the city offices no later than fourteen (14) days prior to the date of the next public meeting which the RPD will be considered.

      5.   Fees: An application fee and a fee for each occupied unit shall be assessed for the processing of an RPD. The amount of all fees shall be based on a fee schedule adopted and amended by resolution or ordinance of the City Council. The applicant shall also reimburse the city, prior to issuance of building permit, for all professional fees incurred to review and process the RPD. (Ord. 2019-04, 10-16-2019)

   A.   Findings Required For Approval: The City Council may, upon recommendation of the Planning Commission, approve the final development plan of the RPD, provided they find:

      1.   All of the conditions of approval of the preliminary development plan have been incorporated into the final development plan;

      2.   All construction drawings of the RPD have been approved by the city engineer and city planner.

   B.   Variation from standards permitted: Variations from the development standards of the RPD zone may be permitted by the City Council, provided the variations are specifically adopted by the City Council as part of the approved development plans or approved supporting documents. Variations, however, shall not include changes in the permitted uses, except to the extent set forth in this chapter. Variations shall not create increased unreasonable hazards to the health, safety and genera! welfare of the occupants of the proposed RPD and adjacent areas or residents of the city. (Ord. 2019-04, 10-16-2019)

The following requirements and standards shall guide the application, design and construction of an RPD:

   A.   Recreational planned developments shall comply with the requirements of this title along with the stipulations and requirements of the Planning Commission, City Council, general plan and subdivision specifications for roads, sewer and water facilities. The requirements and standards set forth in this chapter shall apply to any RPD.

   B.   No building shall be allowed within three hundred feet (300') of a public roadway.

   C.   Buildings will be located to maintain maximum open land and reduce the visibility of built facilities.

   D.   Building setbacks along the peripheral property lines of an RPD shall be the same as that required in the zone for the abutting residential properties.

   E.   All land within an RPD shall be either common area, limited common area, dedicated to public use, privately owned or a combination of the above.

   F.   Any slope greater than twenty percent (20%) may be used as parks or playground areas but shall not be included in open space calculation requirements. Additionally, buildings may not be placed on such slopes.

   G.   All facilities shall be served by a public water system. A comprehensive sewer collection and treatment system or other sewer disposal system shall serve RPDs, as approved by the City Council, state division of water quality, the state health department, and others as required. All utilities shall be placed underground. Each building shall be served by a separate sewer connection. Each building will also be required to install backflow prevention valves in accordance with the applicable plumbing code.

   H.   The required front setbacks and side setbacks adjacent to a public street shall be landscaped or maintained in native vegetation and shall not be used for parking.

   I.   All parking shall be provided in off street lots or structures with landscaping and screening. Parking will not be allowed on any private access roads or public roads within the RPD. Limited parking may be allowed by the Planning Commission, perpendicular to a roadway (minimum twenty four feet (24') in width) when it is apparent that excessive grading and loss of site amenities will adversely affect the site. The amount of parking to support occupied units, and other on-site services and facilities must be provided on the plans to accommodate peak parking demands in off street parking facilities. All parking spaces, parking areas and driveways shall be hard surfaced and properly drained.

   J.   Drainage shall not be channeled or caused to flow across pedestrian walkways.

   K.   All streets within an RPD will generally be required to have a paving width of twenty-four feet (24'). However, a minimum width of twenty feet (20') of paving may be approved in certain instances where in the opinion of the City Council such factors as the volume of traffic served by the street may warrant a lesser standard. Streets must be designed to city specifications by a civil engineer licensed to practice in the state.

   L.   All streets which are shown on the city master road plan shall be developed according to the size and general location as shown on the road plan.

   M.   A private street will not extend to or provide service to another property or parcel not included in the RPD. The street will not provide access or travel between, or otherwise connect with, two (2) public streets. The City Council may waive this requirement upon recommendation of the Planning Commission if circumstances warrant.

   N.   The minimum street width may be increased when, in the judgment of the city, a greater standard is warranted to adequately serve the RPD.

   O.   All private streets shall be shown on the final development plan as a perpetual public access and utilities easement.

   P.   Common areas of an RPD shall be developed according to the plan approved by the city and maintained in accordance with the provisions of this title.

   Q.   All land not covered by roads, parking areas, pedestrian walkways or buildings shall be permanently landscaped with trees, shrubs, lawn or ground cover and maintained in accordance with good landscaping practices. Wherever practical, natural areas should be maintained or enhanced in their native state. Not less than sixty percent (60%) of the net acreage shall remain in permanently landscaped areas or natural open space.

   R.   For areas disturbed by construction, there shall be required at least two (2) deciduous trees of at least two inches (2") caliper in size, one evergreen tree, and two (2) shrubs for every two thousand five hundred (2,500) square feet of disturbed area, planted and maintained.

   S.   All storage and solid waste receptacles which are not located within a building shall be enclosed within a sight obscuring structure or fence compatible with the design of the RPD.

   T.   All documentation, including covenants, restrictions, easements, declarations, guarantees or agreements, shall be submitted for review by the city attorney, the Planning Commission and the City Council. Said agreements shall be submitted for staff review, signed and prepared prior to recommendation of a final development plan by the Planning Commission and final approval by the City Council.

   U.   Prior to the issuance of any building permit on ground covered by an RPD, a bond or other security, sufficient in amount to cover the cost of all off site and on-site improvements required by this title and all stipulations and requirements of the Planning Commission and City Council, shall be required. The bond shall be a guarantee that the proper installation of all required improvements shall be completed within one year of the approval of the final development plan. This bond or other security shall also assure that the improvements shall remain free from defects for one year from the date of final inspection or until April 15 of the following year, whichever is longer, and shall not be released until improvements are accepted by the City Council and the city engineer. Said bond shall be in the form and amount as required by the City Council and as specified in title 11, chapter 4 (Subdivisions) of the Wellsville City Code.

   V.   The final development plan shall be recorded only after all signatures are obtained, all approvals are given, and all bonds or other security and fees are posted with the city. Building permits will not be issued until all of these requirements are fulfilled. (Ord. 2019-04, 10-16-2019)