North Caldwell City Zoning Code
§ 107-24
Residential Cluster Districts.
A.
Purpose. The objectives and purpose of this section are to encourage innovations in residential development; to encourage flexibility in the design, layout and development of residential land; to permit more efficient use of open space ancillary to said buildings; to encourage a more efficient use of land and of public services; to reflect changes in the technology of land development so that resulting economies may inure to the benefit of both the developer and those who need homes; to promote the sound growth of the Borough; to conserve the value of the land; to ensure the protection of green areas for present and future generations; and to provide for a variety of housing types at locations which will promote the safe, efficient, economical and reasonable extension of municipal services while providing for the protection and enhancement of the natural environment as well as protection for existing uses in the surrounding neighborhoods and the conservation of property values in those neighborhoods.
B.
Standards and conditions. The following standards and conditions shall be those by which a proposed residential cluster plan shall be evaluated. The Planning Board may prescribe, from time to time, rules and regulations to supplement the standards and conditions herein set forth, provided that said rules and regulations are not inconsistent with said standards and conditions, said rules and regulations are placed on public record and any change or amendment shall not affect a plan previously granted tentative approval of any of the general terms and conditions conferred thereon; provided, however, that nothing contained herein shall preclude an upgrading or modification of standards for improvements, such as streets, curbs, aprons, sewer drainage or other utilities, and their applicability to the plan consistent with general powers of municipality to impose such modifications.
(1)
Permitted uses. Residential cluster districts shall constitute areas established and intended for the use and occupancy only for the following, exclusive of uses permitted within the common open spaces of such districts:
(a)
In the R-1 Residential Cluster District and R-3 Residential Cluster District: one-family detached dwelling units.
(b)
In the R-2 Residential Combination Cluster District and the R-4 Residential Combination Cluster District: one-family detached, semidetached, attached, groups of attached or cluster structures or any combination thereof.
(c)
Buildings to house public or municipal facilities as permitted in R-1 or R-2 Residence Districts.
(d)
Accessory uses and structures as permitted in R-1 or R-2 Residence Districts.
(e)
In addition thereto, these zones also permit those uses as permitted and regulated in the R-1 or R-2 Districts.
(2)
Minimum cluster tract. The minimum size of the tract or parcel of land proposed for development under the cluster development provisions of this chapter shall be 10 adjacent and/or contiguous acres. Tract and lot sizes and dimensions and building locations may be freely disposed and arranged in conformity with the overall density standards set forth herein and with the conditions of a Comprehensive Plan therefor, the general features and design of which shall be approved by the Planning Board.
(3)
Density. The maximum density for the entire subdivision shall not be more than the following:
(a)
In R-1 Residential Cluster Districts: a gross density of 30,000 square feet and a minimum lot size of 15,000 square feet, subject to site plan review and approval, downstream drainage study and availability of utilities.
(b)
In R-2 Residential Combination Cluster Districts: a maximum of no more than three dwelling units per acre gross density and no more than three dwelling units shall be attached to produce one overall structure, all subject to site plan review and approval, availability of utilities and traffic feasibility study. The density applicable to portions of land contained in the plan may be varied; provided, however, that the overall density in the entire plan shall not exceed three dwelling units per acre of the site in an R-2 Residential Combination Cluster District. The intent of this subsection is to permit a density in a section of the plan to exceed the above-cited standard of three, provided that the overall density of the plan does not exceed said density standard of three. In the event that the density is increased in any one section, then the Planning Board shall require and secure reservations of open space to achieve the proper balance of densities. No residential cluster development shall contain more than six bedrooms per gross acre in the R-2 Residential Combination Cluster District.
(c)
In R-3 Residential Cluster Districts: a one-dwelling unit per 20,750 square feet gross density and a minimum lot size of 11,250 square feet, subject to site plan review and approval, downstream drainage study and availability of utilities.
(d)
In R-4 Residential Combination Cluster Districts: a maximum of no more than five dwelling units per acre gross density and no more than six dwelling units shall be attached to produce one overall structure, all subject to site plan review and approval, availability of utilities and traffic feasibility study. The density applicable to portions of land contained in the plan may be varied; provided, however, that the overall density in the entire plan shall not exceed five dwelling units per acre of the site in a R-4 Residential Combination Cluster District. The intent of this subsection is to permit a density in a section of the plan to exceed the above-cited standard of five, provided that the overall density of the plan does not exceed said density standard of five. In the event that the density is increased in any one section, then the Planning Board shall require and secure reservations of open space to achieve the proper balance of densities. No residential cluster development shall contain more than twelve and one-half (12 1/2) bedrooms per gross acre in the R-4 Residential Combination Cluster District.
(e)
In determining the appropriate density for a plan, the following factors shall be considered:
[1]
The amount, location and proposed use of common open space. The common open space must contain at least 10% of the total land area of the development as usable open space for recreation for the residents of the development.
[2]
The location and physical characteristics of the site of the proposed plan.
[3]
The location, design and type of dwelling units.
(4)
Common open space. Any common open space resulting from the application of standards for density of land use shall be set aside for the use and benefit of the residents in such development, and the amount and location of such common open space shall be determined and its improvement and maintenance for common open space use shall be secured, subject, however, to the following:
(a)
The Borough of North Caldwell may, at any time, accept the dedication of land or any interest therein for public use and maintenance, but no land proposed to be set aside for common open space shall be required to be dedicated or made available to public use as a condition of the approval of a plan.
(b)
The applicant for the proposed development must provide for and establish a home association, hereinafter referred to as an "organization," for the ownership and maintenance of any common open space, and such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common open space, without first offering to dedicate the same to the Borough of North Caldwell.
(c)
In the event that the organization established to own and maintain common open space or any successor organization shall, at any time after establishment of the development, fail to maintain the common open space in reasonable order and condition in accordance with the plan, the Borough may serve written notice upon such organization or upon the residents and owners of the development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured, such extension not to exceed 65 days, unless circumstances warrant a longer time period. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 35 days or any extension thereof, the Borough, in order to preserve the common open space within the residential cluster zone and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for an initial period of not more than one year. Said entry and maintenance shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the residents and owners and accepted by the Borough. Before the expiration of said year, the Borough shall, upon its initiative or upon the request therefor of the organization responsible for the maintenance of the common open space, call a public hearing, upon 15 days' written notice to such organization or to the residents and owners of the development, to be held by the governing body, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, be discontinued or continued for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year or earlier, at the Borough's election. If the governing body shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision, subject to judicial review.
(d)
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space, in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.
(e)
As a condition of the approval of a proposed residential cluster application, the Planning Board shall require the organization established or to be established to own and maintain common open space or any common areas or elements to adopt certain binding rules and regulations or bylaws, not subject to change without prior governing body approval, with respect to ensuring the objectives and purposes of reasonable maintenance. Said requirements of the Planning Board may vary as to particular applications and the buildings, structures and uses proposed therein; provided, however, that any such variations of requirements may not be inconsistent with each other. The following information and/or documents shall be submitted on or before the granting of final approval for any plan or section thereof:
[1]
Time when organization is created.
[2]
The entity of the organization, whether a corporation, partnership, trust or otherwise.
[3]
Mandatory or automatic nature of membership in the organization by residents or successors.
[4]
Liability of the organization for insurance, taxes and maintenance of all facilities.
[5]
Provision for pro rata sharing of costs and assessments.
[6]
Capacity of the organization to administer common facilities and preserve the benefits of common open space and assure the integrity of the development and general compliances with municipal regulations and codes.
[7]
Whether a member of the organization is any owner or renter of a unit or units, and distinctions of types of members, if any.
[8]
Submission of recordable documents evidencing a reservation and/or restriction on areas allocated for open space and/or common areas pursuant to the requirements of approval(s) pursuant to this chapter. Any such reservations or restriction shall be binding on all successors in interest in the lands in question and subject to the approval of the Borough Attorney.
(f)
Any organization or association pursuant to this subsection shall submit a true copy of its charter and bylaws and a list of all of its officers, trustees or any person, corporation, firm or association having a vote or power to regulate the affairs of said organization or association. Said documents shall be filed in the office of the Borough Clerk, and any amendments thereto shall be submitted to the Borough Clerk within 10 days of their effective date.
(5)
Permitted uses and structures within common open space shall be limited to the following:
(a)
Recreation facilities suitable to serve the residents of the residential cluster development as approved by the Planning Board, such as swimming pools, playgrounds, athletic fields, recreation halls or clubhouses, tennis courts, shuffleboards and any other approved compatible facility.
(b)
Signs identifying a residence cluster development and signs necessary for traffic regulation, the size and location of which are to be approved by the Planning Board.
(c)
Open space and conservation of nature areas and preserves as approved by the Planning Board.
(6)
Site and structure standards. The standards and criteria by which the design, bulk, location of buildings and other features of a plan shall be required are as follows:
(a)
In an R-1 Residential Cluster District, no building or structure shall be constructed closer to a street or property line than 30 feet, unless such requirements shall be specifically expanded or modified by the Planning Board for good cause. Yard requirements shall be the same as in the R-2 Residential Zone District.
[1]
Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%, including a reserve minimum of 5% of the lot area designated for rear yard amenities and improvements, or in side yards for comer lots. Nothing contained herein shall prohibit the repair of existing impervious surfaces, provided the area of impervious coverage being repaired is not expanded.
[Ord. No. 18-05; Ord. No. 21-05; Ord. No. 15-06; amended 4-16-2024 by Ord. No. O-5-2024]
[2]
Maximum building coverage. The total percentage of a lot that can be covered by buildings, including accessory structures such as garages, porches, decks, pergolas, gazebos, sheds and similar features, shall be no greater than 20%.
[Added 4-16-2024 by Ord. No. O-5-2024]
(b)
In an R-3 Residential Cluster District, no building or structure shall be constructed with a front yard setback of less than 30 feet, a side yard of less than 12 feet, a rear yard of less than 40 feet and a frontage of less than 90 feet.
[1]
Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%, including a reserve minimum of 5% of the lot area designated for rear yard amenities and improvements, or in side yards for comer lots. Nothing contained herein shall prohibit the repair of existing impervious surfaces, provided the area of impervious coverage being repaired is not expanded.
[Ord. No. 18-05; Ord. No. 21-05; Ord. No. 15-06; amended 4-16-2024 by Ord. No. O-5-2024]
[2]
Maximum building coverage. The total percentage of a lot that can be covered by buildings, including accessory structures such as garages, porches, decks, pergolas, gazebos, sheds and similar features, shall be no greater than 20%.
[Added 4-16-2024 by Ord. No. O-5-2024]
(c)
In an R-2 Residential Combination Cluster District, no building or structure shall be constructed closer to a street or property line than 30 feet nor closer to a zone district line or property line in another zone district than 100 feet. In addition, no parking area shall be paved closer to a zone district line or property line in another zone district than 60 feet. Dense screen planting of an evergreen material not less than four feet in height shall be provided and maintained between off-street parking areas and any lot line or street line, such planting to be located within 25 feet of the parking areas, and along any zone district line within 50 feet of the zone district line.
(d)
In an R-4 Residential Combination Cluster District, no building or structure shall be constructed closer to a street or property line than 30 feet nor closer to an R-1 Residential Zone District line or property line in an R-1 Residential Zone District than 100 feet. In addition, no parking area shall be paved closer to a zone district line or property line in another zone district than 60 feet. Screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking areas and any lot line or street line, such planting to be located within 25 feet of the parking areas, and along any zone district line within 50 feet of the zone district line.
(e)
In the R-1 and R-3 Residential Cluster Districts, there shall be a private garage and parking requirement for each dwelling unit, to be of the size and located in accordance with R-1 or R-2 requirements. In an R-2 Residential Combination Cluster District, there shall be a private garage for each dwelling unit, to be of a size and located as approved by the Planning Board on site plan review. Any group of attached garages in an R-2 Residential Combination Cluster District shall have a joint capacity of no more than four automobiles and shall be attached to or within each dwelling structure they serve. In addition, in any R-2 Residential Combination Cluster District, there shall be off-street parking facilities, which, together with private garages, shall provide adequate space for the parking of three full size automobiles for each dwelling unit. In an R-4 Residential Combination Cluster District, there shall be a private garage attached to or within each dwelling structure it serves for each two dwelling units, to be of a size and location as approved by the Planning Board on site plan review. In addition, in any R-4 Residential Combination Cluster District, there shall be off-street parking facilities, which, together with private garages, shall provide adequate space for the parking of 2.3 full size automobiles for each dwelling unit. Each off-street parking space shall consist of at least 200 square feet. Off-street parking shall be planned in such manner so as to conform to the existing topography.
(f)
Each dwelling unit in an R-1 Residential Cluster District shall contain living floor space of not less than 1,200 square feet for a one-story unit, 1,400 square feet for a one-and-one-half-story unit and 1,600 square feet for a two-story unit.
(g)
Each dwelling unit in an R-2 or R-4 Residential Combination Cluster District shall contain at least one bedroom separate from the living area. No dwelling unit shall be less than 20 feet wide. No building shall be constructed or occupied whereby the living floor space of a dwelling unit or any part thereof shall be directly above the living floor space of another dwelling unit or any part thereof. The gross floor area for a one-bedroom dwelling unit shall be no less than 1,000 square feet and 1,250 square feet for a two-bedroom unit. Each additional bedroom shall require at least 250 additional square feet added to the gross floor area of the dwelling unit. All bedrooms shall be above the ground and shall contain at least one window to the outside. Each dwelling unit shall provide adequate cooking, sleeping and living areas.
(h)
In any R-2 or R-4 Residential Combination Cluster District:
[1]
Reasonable yard lighting may be provided to illuminate the premises at night. Where feasible, all wiring shall be laid underground. All lighting fixtures shall be so arranged so that the direct source of light is not visible from any residential areas as approved by the Planning Board.
[2]
There shall be between each single attached residence (dwelling) a fire wall, which shall be constructed pursuant to the following specifications as verified by the Building Inspector. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52, based on the laboratory test procedure specified in the ASTM, American Society for Testing and Materials, Recommended Practice E 90-66T.
[3]
To provide attractiveness to the development, the combined complex of structures and dwelling units shall have a compatible architectural theme designed to preserve the character of the site. In achieving this architectural standard, consideration shall be given to landscaping techniques; building orientation to the site and to other structures; topography and natural features; individual dwelling unit design, such as unit widths, setbacks and heights, types of windows, shutters, doors and porches; and horizontal or vertical orientation of the face, singularly or in combination with each dwelling unit.
[4]
All front, side and rear yards shall be as approved by the Planning Board on site plan review, except that the distance of any building from any public street shall be no less than 30 feet, and the distance between one overall structure of attached dwelling units and another overall structure of dwelling units shall be the sum of two abutting side yards of not less than 20 feet each. The foregoing requirements may be modified by the Planning Board for good cause. Where a driveway or vehicular access aisle is located in a side yard, the side yard shall be increased by the equivalent width of the driveway or access aisle.
[5]
Any outdoor storage area shall be completely screened from view from any public right-of-way, yard and any residential use. All organic rubbish or storage shall be contained in an airtight, vermin proof container. Such area shall be surrounded by a fencing that is of appropriate height and thickness to accomplish the required screening and shall not be located in a required buffer zone.
[6]
Any part or portion of a site which is not used for building area, paved area, recreation area or is not reserved as a natural wooded area shall be planted with an all-season ground cover and shall be landscaped according to an overall plan and in keeping with the natural surroundings.
[7]
Every residence (dwelling unit) must be connected to the public sanitary sewer and water systems, as approved by the Planning Board, prior to the issuance of any certificate of occupancy. Fire hydrants shall be installed by the developer in adequate numbers and at locations as approved by the Borough Engineer. Adequate provision for storm drainage must be made as approved by the Planning Board after consultation with the Borough Engineer.
[8]
The Planning Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern, both on and abutting the site. The Planning Board may require the applicant to submit a traffic engineering study prepared by a licensed professional engineer, which will indicate the impact that the proposed development of the site will have on surrounding areas. This traffic study shall include the following elements:
[a]
Estimated peak hourly traffic to be generated by the proposal.
[9]
Each dwelling unit shall take care of and dispose of its garbage and refuse as does a single-family dwelling in other residential districts: provided, however, that subject to the approval of the governing body, the association shall have the right to manage and/or dispose of garbage of its development, all in accordance with the ordinances and applicable municipal codes relating to garbage and health regulations.
[10]
No building shall exceed a maximum of two and one-half (2 1/2) stories or 32 feet in height, whichever is less.
[Ord. No. 10-88]
[11]
On-site and off-site improvements, landscaping and site plan requirements shall be complied with as required by municipal ordinances.
[12]
No laundering or drying facilities, including but not limited to washing machines and dryers, shall be located outside of any individual dwelling units.
[13]
Common open spaces of land and/or water shall be provided in an amount or amounts totaling not less than 25% of the total land area of the development. The type and amounts of areas to be counted towards establishing the minimum amount of common open spaces shall be determined by the Planning Board but shall not include areas designated as roadway rights-of-way and off-street parking. The Planning Board may require other areas to be considered as part of common open spaces for maintenance and other purposes even though such other areas are not the type to be counted toward establishing the minimum areas of 25%.
[14]
Each individual dwelling unit shall contain not less than two private separate entrances.
[15]
Notwithstanding any other provision of this Subsection B(6), the following provision relating to buffer zones shall apply. At least a 60 foot buffer area, as defined in Article II, § 107-8 of this chapter, shall be required between a cluster zone and another noncluster residential zone; provided, however, that the Planning Board shall require a one-hundred-foot buffer between an active recreational use within a cluster zone and the nearest boundary line of another noncluster residential zone. This buffer area shall be kept in its natural state where wooded. When natural vegetation is sparse or nonexistent, the Planning Board may require the provision of a visual screen. Within the buffer area, no principal or accessory structure or any off-street parking areas or other uses shall be permitted. Utility easements may be permitted within the buffer area to ensure continuity of development with adjoining properties. Said buffer area may be included for the purpose of computing required open space for cluster development plans.