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.

The purpose 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.

The borough recognizes that, due to the nature of the 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 without the municipality, and in order to provide for a variety of service activities, parking and other open space in orderly relationship to each other and in conformity to the development of the municipality as a whole.

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 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, a residential district (RC) is hereby established subject to the following conditions, criteria and standards.

Dwelling units consisting of single-family detached dwelling units.

Open spaces, such as parks, preserves, recreation area, 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.

Signs limited to those identifying a residence-cluster development and located at the entrance or entrances to such projects and limited to 15 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.

Accessory uses customarily incidental to the above permitted uses, but not including home occupation, professional use and limited to recreation facilities suitable to serve the residents of the development, as approved by the Planning Board.

All one-family residence-cluster development shall have a tract area of not less than 30 acres.

The maximum allowable number of units shall be calculated using 40,000 square feet per lot on the area left after the open space requirement has been satisfied.

Open space requirement.

Area and bulk regulations.

No building or structure shall be located within 100 feet of any perimeter development line. The Planning Board may at their discretion vary and modify this design requirement for reason of property shape and topography provided that the average dimension of this perimeter setback requirement is maintained at least 100 feet for the entire perimeter, but no less than 75 feet at any specific location.

Off-street parking. Each dwelling unit shall have off-street parking as set forth in Section 59-61 of the Borough of Oakland Zoning Ordinance, with a minimum of one of the required off-street parking spaces to be enclosed.

Design guidelines. Buildings shall reflect a continuity of treatment and design, obtained by maintaining the building scale or by subtly graduating changes; and by achieving compatible architectural styles and details, design themes, building materials. In order to avoid monotonous development, a minimum of three different house models shall be used.

Local street standards. As set forth in Section 59-52D(2)(g) of the Borough of Oakland Zoning Ordinance, with the following modification:

Floor area dwelling unit. As set forth in Section 59-62 of the Borough of Oakland Zoning Ordinance, with a maximum of 3,500 square feet.

Membership in any created homeowners association by all property owner 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.

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.

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.

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.

The homeowners association initially created by the developer shall clearly describe in its bylaws the rights and obligation of any homeowner and tenant in the cluster development, along with the articles of incorporation of the association prior to the granting of final approval by the borough.

Part of the development proposals submitted to and approved by the borough shall be revisions 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.