In recognition of innovations and changes in
the technology of residential land development which can be beneficial
to the future well-being of the Borough but which benefits are unlikely
to be realized through the uniform treatment of area, yard and building
requirements on a lot-by-lot basis and also in recognition of certain
uses which are necessary to serve the needs and convenience of the
Borough but which uses may be or become inimical to the public health,
safety and general welfare by reason of their inherent nature and/or
operation and, therefore, require special and proper consideration
of existing and probable future conditions and characteristics of
the surrounding area, this chapter provides that such uses are declared
to be conditional uses.
Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized (Article
III, Use Regulations) if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Land Use Board pending site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.
In its consideration of an application for a
conditional use, the Board shall duly consider and take its action
within the frame of reference established by the following guiding
principles:
A. Such use shall be one which is specifically authorized
as a conditional use in the zone within which such particular site
is located.
B. Such use shall not be contrary to the purpose of this
chapter and such use will be beneficial toward achievement of the
objectives of the Borough.
C. Such use shall adhere to the minimum standards specified for that particular use by the Schedule of Area, Yard and Bulk Requirements (§
410-21), the specific regulations for conditional uses found in this article and all other applicable regulations of this chapter.
D. The design, characteristics and operation of the use
shall be such that the public health, safety and general welfare will
be protected and reasonable consideration is afforded to the following:
(1) Existing and probable future character of the neighborhood.
(2) Conservation of property values.
(3) Traffic safety and road capacities.
(4) The existing physical environment.
E. For every such use the Board shall make its findings
supported by evidence produced at a public hearing in the manner provided
by law.
F. For every such use the Board shall determine that the design and operation of the use shall meet the standards of this chapter and principles of good engineering and design through the process of site plan review in accordance with Chapter
315, Site Plan Review.
Wherever permitted in this chapter, motor vehicle
service stations shall conform to the following requirements:
A. The lot or parcel of land so to be used shall have
a street frontage of at least 125 feet and an average depth of at
least 125 feet.
B. The walls of any building shall be set back at least
50 feet from a residential zone boundary, at least 25 feet from every
adjoining property line and at least 40 feet from a street right-of-way
line.
C. Gasoline pumps and other apparatus shall be so located
as to permit safe and convenient traffic circulation. Every gasoline
or oil tank, pump or other device, appliance or apparatus shall be
located at least 25 feet from a street right-of-way line, at least
50 feet from a residential zone boundary and at least 10 feet from
any property line.
D. No part of any automotive service station operation
or paved area shall be conducted within 25 feet of a residential zone
boundary. A six-foot-high unpierced fence shall be installed along
any residential zone boundary.
E. All paved areas within the property shall be at least
five feet from a property line, 10 feet from a street right-of-way
line and 25 feet from a residential zone boundary and bounded by concrete
curbing at least six inches above the surface.
F. Concrete curbing shall be installed in the street
right-of-way in accordance with Borough specifications.
G. Adequate parking for automobiles of employees and
patrons shall be provided.
H. Entrance and exit driveways shall be at least 30 feet
in width. There shall be a safety zone between driveways of at least
25 feet, and driveways shall be at least 10 feet from adjoining property
lines.
I. Corner lots shall have a curb radius of at least 25
feet, and driveway entrances shall start at least 20 feet from the
radius tangent points.
J. All unpaved areas shall be attractively landscaped
with grass lawns, trees and shrubs or other vegetation or material
as the Land Use Board may approve or require.
K. There shall be no outdoor storage of supplies, materials
or automobile parts, whether for sale, storage or waste.
L. Repair work, other than incidental minor repair, shall
take place within the building, and all repair or service apparatus
shall be located within the building.
M. Floor drains shall not be connected to any sanitary
sewer system or storm drain.
N. All storage tanks shall be installed below ground
level.
[Amended 5-26-2015 by Ord. No. 2015-02]
Cluster residential development, whereby the minimum lot area and yard requirements may be reduced as prescribed in the schedule of requirements (§
410-21), is permitted in the R1-A Zone, subject to the following conditions:
A. The number of lots shall not exceed the total number of lots that
could be obtained through subdivision under standard minimum lot size
requirements and shall not yield fewer than four dwelling units subject
to applicable well and septic capacities as prescribed by local, county
or state requirements.
B. At least 75% of the total tract of land shall be subject to a conservation
easement enforceable by at least one of following: the Borough of
Alpha, the County Agriculture Development Board, the SADC or the Highlands
Council upon recommendation of the Land Use Board. The conservation
easement shall include right to farm provisions if applicable.
C. The area covered by the conservation easement shall be used only
for one or more of the following purposes:
(2) Public recreational facilities.
(3) Farms and farmsteads, including horticultural uses and greenhouses,
but not including the raising of poultry or livestock.
D. The area subject to the conservation easement under the terms of
this section shall be at a location and of a shape as required by
the Land Use Board, provided that:
(1) Said area shall adequately accommodate one or more of the permitted
uses listed above and shall complement the existing and contemplated
future surrounding development.
(2) Said area shall be adaptable to the above permitted uses without
undue public expenditure that might be required by reason of adverse
topography, adverse drainage or soil conditions or inadequate accessibility.
E. Provisions shall be made for the establishment of an organization
for the ownership and maintenance of said conservation area, and such
organization shall not be dissolved, nor shall it dispose of any of
same by sale or otherwise (except to an organization conceived and
established to own and maintain the common open space), without the
written consent and approval of the governing body of the Borough
of Alpha. Provision shall also be made for a feasible method of providing
for the cost of ownership and maintenance.
F. Nothing contained herein shall be construed to require
the Land Use Board to approve any subdivision employing open space
zoning if said subdivision is in conflict with any provision of the
Alpha Master Plan or if said subdivision will in any way result in
a land use pattern that will adversely affect that portion of the
Borough in which it lies.
G. The following additional standards shall also apply to cluster residential
developments:
(1) Cluster developments shall be designed to avoid or minimize disturbance
of natural and agricultural resources.
(2) All infrastructure and utilities necessary to support the residential
cluster development (i.e., streets, common open space areas, wastewater
facilities and stormwater management) shall be located within the
development portion of the cluster project area.
(3) Septic system yield shall be calculated on the basis of the development
portion of the site only, which shall consist of a contiguous land
area including the following:
(a)
All land area proposed to be occupied by buildings, structures
and associated improvements, all land area to be disturbed in connection
with the construction or installation of such buildings, structures
and improvements, and all of the land area intervening; and
(b)
All land area dedicated to any street or roadway right-of-way
providing public or common access to the development; and
(c)
All land dedicated to a community on-site stormwater detention
facility or other like facility providing public or common services
to the development.
(4) All buffers and setbacks shall consider and harmonize with existing
natural, agricultural, historic and scenic resources and with adjacent
existing development. Existing natural resources and vegetation (e.g.,
hedgerows/trees, woodlands or forest, wetlands, streams) shall be
retained and may be enhanced as buffer features whenever feasible.
(5) Cluster development shall be configured to minimize impervious coverage.