A. 
Purpose. The preservation of the distinctive environmental, and aesthetic character of the City of Lockport is directly related to the economic vitality of the City business districts, stability of property values, appeal of the City as a destination, and the quality of life for Lockport residents. Occasionally on larger projects, conventional use, space, dimensional, and bulk requirements contained in the underlying zoning may not be the best standards to ensure new development achieves the goals states above. It is the purpose of this article to provide flexible performance standards for zoning districts identified as having the potential for redevelopment and new development, and which are identified in this article. The intent of these standards is to:
(1) 
Preserve historic resources and protect environmentally sensitive areas and natural features, including the Erie Canal;
(2) 
Preserve aesthetic community features and important viewsheds;
(3) 
Ensure new construction and development is compatible in design, scale, and use with the City and surrounding area.
(4) 
Foster the creative integration of land uses, and to encourage imaginative design and combinations of development.
(5) 
Foster the efficient use of land and the efficient use of public utilities and streets.
B. 
Intent. The application of the PUD District review process is intended to achieve more creative land use and a higher quality of planning and a higher quality of site planning and design than can be accomplished through conventional zoning regulations.
A. 
PUD approval required. Whenever any planned unit development is proposed, before any permits for the erection of permanent buildings in such planned unit development shall be granted and before any subdivision plat or any part thereof may be filed in the office of the Niagara County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned unit development in accordance with the procedures set forth in this chapter. These procedures shall supersede any inconsistent procedures or regulations set forth elsewhere in the City codes or comprehensive plans.
B. 
Eligibility. To be eligible for the establishment of a PUD District under this article, applicants must demonstrate the proposed project meets or exceeds two or more of the following criteria:
(1) 
The property under consideration is at least one acre in contiguous land area.
(2) 
The project proposes an overall density and/or intensity of use which would not be permitted or required by the underlying zoning while also preserving more open land or providing more amenities to the community.
(3) 
The project proposes a use that is compatible with the surrounding context but is otherwise not permitted by the underlying zoning. In determining compatibility, the reviewing board will consider traffic generation, noise, truck traffic, scale, density, intensity of use, impact to historic resources, viewsheds, aesthetics, and impacts on existing infrastructure.
C. 
Relief from conventional zoning.
(1) 
For projects deemed eligible, the reviewing board may waive City zoning regulations that would ordinarily apply to a property where the applicant demonstrates relief from said regulations is necessary to meet the purposes described herein.
(2) 
It is not the intent of this article to arbitrarily dispense with underlying zoning regulations, but rather to grant the minimum relief necessary to achieve the objectives of this article.
A. 
Preapplication conference. A preapplication conference per § 190-40.2 is strongly encouraged prior to submitting a PUD application.
B. 
Optional sketch plan review. Applicants are encouraged to utilize the optional sketch plan review process, per § 190-42.2, prior to the preparation of a formal PUD application.
C. 
Application processing. PUD applications shall be submitted, processed, and reviewed in accordance with Article 40 of this chapter.
D. 
Planning Board review and recommendation. The Planning Board shall conduct a review of the PUD application, site plan, and related documents and provide a recommendation of decision to the Common Council.
E. 
Common Council review and decision. Upon receipt of a recommendation from the Planning Board, the Common Council shall review and decide upon such application as an amendment, in accordance with Article 46. If the Common Council approves the PUD application, the zoning map and text shall be amended and filed accordingly.
F. 
Public hearings. A public hearing shall be held by the Common Council for all PUD applications.
G. 
Referrals. All referrals shall be made in accordance with § 190-40.6.
A. 
Site plan. All PUD applications shall include the required site plan review application materials as noted in Article 42.
B. 
PUD District. In addition to the required site plan application materials, all PUD applications shall include:
(1) 
The zoning classification and present use of the subject property.
(2) 
A written statement generally describing the proposed PUD, the categories of uses to be permitted; its relationship to the Comprehensive Plan; and how the proposed PUD is to be designed, arranged and operated. Supporting documentation evidencing the applicant's particular mix of land uses will meet existing community demands, including but not limited to specific studies or reports identifying demand for land uses in the City, shall be provided in support of the written statement.
(3) 
A tabulation of the following information:
(a) 
The total number of dwelling units proposed, by type of structure and number of bedrooms.
(b) 
The total square feet of building floor area proposed for commercial uses and for industrial uses, if any, by general type of use.
(c) 
The total land area, expressed in acres and as a percent of the total development area, proposed to be devoted to residential uses, by type of structure; commercial uses; industrial uses; public and private open space; streets; and off-street parking and loading areas.
(d) 
The total number of off-street parking and loading spaces for each proposed type of land use.
(4) 
Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or commitment for title insurance.
(5) 
A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed development.
(6) 
Evidence of the financing plan the applicant proposes to use to complete the proposed PUD. Evidence of the applicant's prior completion of projects of similar scope may be offered in satisfaction of this requirement.
(7) 
All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.
(8) 
The overall water and sanitary sewer system with proposed points of attachment to existing systems, and the proposed stormwater drainage system and its relation to existing systems.
(9) 
Description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and others, according to the proposals.
(10) 
If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and number of units or activities completed per phase.
(11) 
A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(12) 
If any stage or unit is proposed to contain a proportion of open space or other public or private recreation or service facilities less than its proportion of dwelling units, a statement of what bond, credit, escrow or other assurance is proposed to ensure the development or provision of such open space or other facility.
C. 
Final site plan. The final submission of site plan material approved by the Planning Board and forwarded to the Common Council for PUD approval shall also contain:
(1) 
The legal description of the subject property.
(2) 
The final site plan at a scale of one inch equals 50 feet. Where more than one sheet is required to show the entire development, a key map shall be provided.
(3) 
The lines of existing and proposed streets and sidewalks immediately adjoining and within the PUD.
(4) 
The names of existing and proposed streets.
(5) 
Typical cross sections of proposed streets and sidewalks.
(6) 
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
(7) 
Layouts of proposed lots, including lot numbers and proposed numbering system for buildings.
(8) 
The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains, and pipes on the property or into which any connection is proposed.
(9) 
Provisions for water supply and sewage disposal and evidence that such provisions have received approval of the Department of Health.
(10) 
Locations of survey monuments.
(11) 
A complete grading and drainage plan showing all existing and proposed contours and elevations and the complete storm drainage plan.
(12) 
A planting plan indicating locations, varieties, and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized but should be generally described.
(13) 
Brief specifications, or reference to City standards, for any public facilities to be constructed or installed within the PUD.
A. 
Final plan. The Planning Board, as recommending body, and the Common Council holding final authority, may approve a Planned Unit Development District upon a finding that the PUD meets the following standards:
(1) 
The PUD is consistent with the City of Lockport Comprehensive Plan.
(2) 
The PUD is compatible with existing development in the surrounding area and does not unduly burden existing City infrastructure or services.
(3) 
The developer has sufficient financing and capabilities to complete the project as presented.
(4) 
The PUD provides all necessary water and sewer facilities, storm drainage, highway access, paved surface streets, parking and loading facilities, and lighting and the developer has made reasonable provisions for utility service connections with adjoining properties and other ownerships.
(5) 
All electric, telephone, cable television and similar equipment will be installed in accordance with New York State Public Service Commission standards.
(6) 
The right-of-way and pavement width for internal roads serving all development are adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs of the development; the pavement meets all applicable City standards.
(7) 
There is adequate access for firefighting equipment, police, and other emergency vehicles.
(8) 
The gross residential density of the development will not result in a substantial undesirable alteration to the character of the neighborhood and to properties adjacent to the development.
(9) 
The development complies with the development standards as set forth in Part 3 of this chapter, as applicable. The reviewing body may waive any development standards set forth therein upon a demonstration by the applicant that waiver of any development standards are justified in accordance with the criteria set forth in § 190-31.2E of this chapter.
B. 
Subdivision. The associated subdivision plat of a PUD application shall be considered as provided by Chapter 162 of the City of Lockport Code.
C. 
Zoning amendment. All PUD applications shall also be subject to the review criteria of § 190-46.1 of this chapter.
The fact that an application complies with all of the specific requirements set forth herein shall not be deemed to indicate the proposed development would result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories or than would result in compatibility with the surrounding development; nor shall such compliance, by itself, be sufficient to require the approval of the site plan or the granting of the zoning amendment to create a PUD District.
A. 
If the applicant wishes to stage the PUD development, then they may submit only those stages they wish to develop for site plan approval in accordance with the presented staging plan.
B. 
Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan must be developed.
C. 
It is the intent of this article that individual stages of the PUD will have an integrity of use in their own right so that if for any reason the entire PUD would not be completed, those portions of the PUD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PUD should present convincing evidence that such a stage is in keeping with this section.
D. 
If the PUD is proposed for construction in stages or units during a period extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted, stating the approximate beginning and completion date for each such stage or unit, the proportion of the total public and private open space and the proportion of each type of proposed land use to be provided or constructed during each such stage; and the overall chronology of development to be followed from stage to stage.