Oakland City Zoning Code
§ 59-52
RA-C Cluster Single-Family Residential Zones.
A.
Authority; purpose.
(1)
This section is adopted pursuant to the authority of the Municipal Land Use Law, Chapter 291 of the Laws of 1975 (N.J.S.A. 40:55D-1 et seq.), and the amendments thereof and supplements thereto.
(2)
The purposes of this section shall be the following: to provide a method of development pursuant to and in accordance with the provisions of the Municipal Land Use Law in order to provide standards and criteria that will encourage innovations in residential housing design and type, reflecting changes in the technology of land development and resulting in conservation of land, the more efficient use of developable land, together with ancillary open space and the provisions for public service to such housing, provided that all such development shall not aesthetically or physically intrude upon preexisting neighborhood schemes and patterns; to lessen the burden of traffic on streets and highways; and to conserve the value of the land.
B.
Statement of objectives; districts established.
(1)
The borough recognizes that, due to the nature of remaining developable lands within the borough, development will further aggravate existing problem conditions, involving such matters as traffic, flooding and drainage, and will strain recreation and other municipal services. To ameliorate such problem conditions and to lessen the burden on municipal services, the borough desires to take full advantage of modern design, construction, technology and planning methods that will advance and promote sound growth and the general welfare of the municipality; strengthen and sustain its economic potential; provide adequate, safe, efficient and economical municipal services and utilities; and establish appropriate patterns for the distribution of population in housing accommodations coordinated with the protection and enhancement of natural beauty and resources and in harmony with their surroundings, both within and with-out the municipality, and in order to provide for a variety of service activities, parks, playgrounds, recreational areas, parking and other open space in orderly relationship to each other and in conformity to the development of the municipality as a whole.
(2)
In order to effectuate the foregoing and to locate such residence-cluster developments as a single entity upon the most suitable land in view of the rapidly expanding population of the community; to ensure that sound planning goals are met for the potential use of the land and to prevent piecemeal and disorderly development of certain tracts of ground within the municipality; to protect existing uses; to preserve the physical characteristics of the land to the maximum extent possible; to ensure provisions for light and air, the prevention of overcrowding of land or buildings and the creation of an adequate road network; to secure the health, morals and general welfare, and for the best functions, three residence-cluster districts, RA-C1, RA-C1.5 and RA-C2 are hereby established subject to the following conditions, criteria and standards.
C.
Permitted uses and structures. In the RA-C1, RA-C1.5 and RA-C2 Districts, no lot, plot, parcel or tract of land and no building or structure shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than the following:
(1)
Dwelling units consisting of single-family dwelling units in detached, semi-detached or attached groups of attached or clustered structures, either singly or in combination thereof, not to exceed four dwelling units per group and not including high-rise, medium-rise or garden-apartment-type structures. Single-family detached dwelling units shall not exceed 10% of the entire tract development.
(2)
Open spaces, such as parks, preserves, recreation areas or facilities, tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities, drainage or other ways and other similar uses along with structures and accessory features appurtenant thereto. Lands designated for active recreational purposes shall be improved by the developer, including equipment, walkways and landscaping.
(3)
Signs limited to those identifying a residence-cluster development and located at the entrance or entrances to such projects and limited to 50 square feet in area. The design, location, landscaping and maintenance of such signs shall be in accordance with specifications and conditions determined by the Planning Board.
(4)
Accessory uses customarily incidental to the above permitted uses and limited to recreation facilities suitable to serve the residents of the development, as approved by the Planning Board, such as swimming pools, play-grounds, athletic fields, recreation halls or clubhouses, tennis courts, shuffleboards and any other approved compatible facility.
D.
Standards and criteria for single-family residence-cluster developments. Within any single-family residence-cluster district, development shall be in accordance with the following minimum standards:
(1)
Usage categories.
(a)
Area requirements. All one-family residence-cluster developments shall have a tract area of not less than 40 acres.
(b)
Density. The maximum density and number of lots to be permitted in each district shall be computed by dividing the maximum number of permitted dwelling units per acre into the gross tract acreage.
[1]
RA-C1 District. The maximum number of dwelling units permitted in the RA-C1 District is one dwelling unit per acre.
[2]
RA-C1.5 District. The maximum number of dwelling units permitted in the RA-C1.5 District is 1 1/2 dwelling units per acre.
[3]
RA-C2 District. The maximum number of dwelling units permitted in the RA-C2 District is two dwelling units per acre.
(c)
Common open space.
[1]
Common open spaces, such as parks, preserves, recreation areas and facilities, tennis courts, golf courses, lakes, ponds, playgrounds, swimming facilities, drainage or other ways and other similar uses, along with structures and accessory features appurtenant thereto, shall be provided at a ratio of not less than 40% of the gross area of the planned unit residential development. The types and amounts of areas to be counted toward establishing the minimum amount of common open space shall be determined by the Planning Board but shall not include areas designated as sidewalks, roads, drives, paved parking areas, required front yards and those side yards as established by the Planning Board along side lot lines. The Planning Board may require such areas to be considered as part of the common open space for maintenance and other purposes, even though such areas are not of the type to be counted toward establishing the 40% minimum area.
[2]
If lands are offered to and accepted by the borough, they shall be conveyed to the borough by deed at the time final plan approval is granted by the borough. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of this chapter pertaining to the use of such areas. Should the subdivision consist of a number of development stages, the reviewing authority may require that acreage proportionate in size to the stage being considered for final approval be donated to the borough simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.
(d)
Homeowners association. A homeowners association shall be established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, recreation and park areas and other lands and shall be in accordance with the following provisions:
[1]
Membership in any created homeowners association by all property owners shall be mandatory. Such required membership in any created homeowners association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the association's costs and providing that the borough shall be a party beneficiary to such covenant entitled to enforce its provisions.
[2]
Executed deeds between development property owners shall be filed with the borough subsequent to the granting of final subdivision approval stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.
[3]
The homeowners association shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the homeowners association and shall hold the borough harmless from any liability.
[4]
The assessment levied by the homeowners association may become a lien on the private properties in the development. The duly created homeowners association shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the borough for public purposes only.
[5]
The homeowners association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development, along with the covenant and model deeds and the articles of incorporation of the association prior to the granting of final approval by the borough.
[6]
Part of the development proposals submitted to and approved by the borough shall be provisions to ensure that control of the homeowners association will be transferred to the individual lot owners in the development, based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the homeowners association shall have the maintenance responsibilities for all lands to which they hold title.
(2)
Site and structure regulations.
(a)
Lot size.
[1]
Plot and lot sizes and dimensions and structure locations may be freely disposed and arranged in conformity with the overall density standards herein and to the conditions of comprehensive plans therefor, the general features and design of which shall be approved by the Planning Board. Minimum lot size or frontage and minimum percentage of lot coverage are not specified herein, but the Planning Board shall be guided by standards for common good practice.
[2]
Prior to preliminary approval the developer shall submit preliminary public water and public sewer system plans which will serve the dwelling units in the development. Preliminary and final plans for the public water and public sewer systems shall be submitted for recommendation and review to the Board of Health, the Borough Engineer and the Water and Sewer Department prior to final site plan approval by the Planning Board.
(b)
Yard requirements. The following setbacks shall be observed:
[1]
All residential structures shall be set back a minimum of 100 feet from any existing public road, whether bordering or situate within the site, and having an existing or proposed right-of-way width, as shown on the borough's Official Map, of 50 feet or more.
[2]
Setback distances from all other public and any private roads with a right-of-way of 35 feet or more shall be as approved by the Planning Board, giving due consideration to surrounding present and future uses, but in no case shall it be less than 50 feet from the road in an RA-C1 or RA-C1.5 District and 40 feet from the street line in an RA-C2 District.
[3]
No building or structure shall be located with-in 100 feet of any perimeter development line.
[4]
All of the foregoing yard requirements may be expended or modified by the Planning Board for good cause.
(c)
Cluster design criteria. There shall be off-street parking facilities for the parking of two automobiles for each dwelling unit, exclusive of garage area. Each off-street parking space shall consist of not less than 180 square feet. Garages shall be utilized in conjunction with uncovered parking to lessen the amount of outside paved parking areas as shall be reasonable in the particular case. A minimum of one garage shall be provided for each dwelling unit. Any group of attached garages shall have a joint capacity of not more than four automobiles.
(d)
No building shall exceed 35 feet or 2 1/2 stories, including an attic which may be converted into living floor space in excess of 100 square feet in the case of detached units only.
(e)
No building shall be constructed, reconstructed or occupied resulting in the location of the living floor space of a dwelling unit or any part thereof directly above the living floor space of another dwelling unit or any part thereof.
(f)
A buffer area of at least 50 feet in width shall be provided along any one-family-residential-boundary-line zone; provided, however, that a 100-foot buffer may be required between an active recreational use and the nearest boundary line of any one-family zone. Such buffer may be expanded by the Planning Board for good cause. Within any such buffer area, no buildings, structures, driveways, parking or loading areas or other use of the land shall be permitted, except that the Planning Board may permit access streets, walks or drives therein if necessary, but in no case less than 50 feet from any adjoining lot line. Any such buffer area, if wooded, shall remain undisturbed or otherwise effectively planted to screen the development from surrounding uses.
(g)
Local street standards.
[1]
The following local street standards shall apply:
Type of Street | ||
|---|---|---|
Cul-de-sac | Collector | |
Right-of-way width | 40 feet | 50 feet |
Paved width | 24 feet | 30 feet |
Desirable maximum grade | 10% | 6% |
Speed limit | 15 mph | 25 mph |
Sidewalks | None | At least 1 side |
[2]
All driveways shall have access on a cul-de-sac. At no time may a driveway provide direct access to collector streets.
[3]
Cul-de-sac shall have a minimum radius of 40 feet, but in no case shall the radius exceed 50 feet.
[4]
No cul-de-sac shall be longer than 500 feet.
[5]
All culs-de-sac shall contain a landscaped safety island in the center of the turnaround area. This island shall have a minimum radius of 13 feet and a maximum radius of 16 1/2 feet. The pavement width of the turnaround area shall be 30 feet.
[6]
Where a cul-de-sac intersects a collector street, the turning radius shall be 25 feet.
[7]
At no time shall the angle of intersection of a cul-de-sac with a collector street be greater than 60°.
[8]
The minimum distance between cul-de-sacs intersecting a collector street shall be 200 feet.
[9]
Sign easements for cul-de-sacs intersecting collector streets shall be measured on the center line of both streets the following distances from the intersection: cul-de-sacs, 90 feet; collectors, 90 feet.
E.
Increase in density prohibited. Notwithstanding any amendment to the provisions of this section, there shall be no increase in the available overall density of any residence-cluster development having received final approval, except by the specific unanimous consent of the adult occupants of all of the existing dwelling units within the property.
F.
Recommendation by Planning Board. In designating the density of the RA-C1 Zones on the Zoning Map of the Borough of Oakland, the Mayor and Council, as to existing RA-C1, RA-C1.5 and RA-C2 criteria, was cognizant of the lack of any specific plan as to development which would be a guide to determining the density designation for each individual site. The Planning Board, after receiving the site plan applications for a cluster development in the presently designated RA-C1 Zones, may recommend, if a majority of its members so vote, to the Mayor and Council for consideration of changing the designation of the tract or tracts of the Zoning Map from RA-C1 to RA-C1.5 or RA-C2. In so doing the Planning Board shall submit its reason for so recommending in writing and any dissenting members of the Planning Board may also submit their reasons for dissenting, in writing to the Mayor and Council.