1. The Age Qualified Community Overlay District (hereinafter, "AQCOD") is an overlay established to permit development of age qualified communities within the areas designated on the Official Zoning Map. Age qualified communities shall be permitted by right solely within the AQCOD, in accordance with the minimum requirements set forth in this Part. In the absence of a specific standard for age qualified communities appearing in this Part, the provisions of the base zoning district shall apply.
2. Nothing in this Part shall be construed to preclude the development of age qualified communities in any other area of the Borough where residential land uses are permitted. However, development of age qualified communities outside of an AQCOD shall meet the requirements of the base zoning district in which they are located.
3. Pursuant to
§ 27-108, "Amendments to this Chapter," of this chapter Borough Council may consider an amendment to the Zoning Map to include a particular parcel or parcels of land within the AQCOD, thus enabling development of such parcel(s) in accordance with this Part. Such a determination is legislative and discretionary in nature. In determining the propriety of a zoning map amendment under this section, the Borough shall comply with all requirements of the Municipalities Planning Code, as amended, relating to zoning map amendments and in addition to the specific requirements of this Part, shall consider the following criteria:
A. Consistency with the Borough's Comprehensive Plan and other development objectives as embodied in Borough Ordinances, documents and records.
B. Consistency with the Comprehensive Plan for Lehigh and Northampton Counties and the Southwestern Lehigh County Comprehensive Plan.
C. Conduciveness of development to, and impact of development on, all relevant environmental factors.
D. Compatibility with the character of the neighborhood in which the subject parcel or parcels is/are located.
E. Impact of the development on traffic and vehicular circulation both within and outside the development.
F. Whether such amendment, if enacted, would violate established legal principles.
G. The availability of municipal water and sewer.
H. The availability of, and access to, the development for emergency services.
In reviewing an application for an AQCOD, Borough Council may require as much detail of the proposed development as it deems necessary in its sole discretion to aid in the application of the above-stated criteria. In granting a request for an AQCOD, Borough Council may impose reasonable conditions on the applicant, consistent with these criteria.
4. Notwithstanding the requirements of subsection .3, above, and regardless of the availability of municipal water and/or municipal sewer, parcels of land located in whole or in part within the Industrial Light (IL) and Business Highway (BH) Zoning Districts shall not be eligible for consideration for inclusion within the AQCOD.