Oakland City Zoning Code
§ 59-52.9
RA-6AH Affordable Housing Zone.
[Added 3-12-2026 by Ord. No. 26-Code-986]
A.
Purpose. Oakland is constitutionally obligated to provide a reasonable opportunity to comply with its affordable housing obligation. Establishing the RA-6AH Zone will assist the Borough is satisfying this obligation by creating a reasonable opportunity for the construction of affordable housing. The purpose of the RA-6AH Zone is to permit development of a tract now or formerly designated as Block 3301, Lot 2, and Block 3401, Lots 11, 12, 19, 40-43, 52, 53, 57, and 58, as an inclusionary residential development consisting of not more than 240 residential units, with a minimum of 20% of permitted and delivered units being affordable housing units. This section recognizes that much of the land within the RA-6AH Zone is wooded and that many of the slopes in the RA-6AH Zone exceed 15%. The standards in this section shall supersede any conflicting standards in the Borough Code to the extent specifically identified herein.
B.
Definitions. The following definitions are applicable to the RA-6AH Zone:
DWELLING, STACKED TOWNHOUSE
An attached dwelling containing a minimum of two dwelling units and a maximum of three dwelling units, each with separate outside access and separated by either vertical and/or horizontal construction.
TRACT
For purposes of this section, the word or phrase "Tract" or "Tract Lot Line" shall be synonymous with the RA-6AH Zone itself. Since the intention of the Tract development is to be planned as an integrated whole, the bulk requirements as noted in the RA-6AH district are to apply to either the Tract or internal lot or lot line as identified herein.
(1)
Refer to § 59-44 for additional applicable definitions.
(2)
Interpretation. To the extent an existing Land Use and Zoning Ordinance definition or provision conflicts with this section, this section shall prevail.
C.
Permitted uses and structures.
(1)
The following residential unit types are permitted in the RA-6AH Affordable Housing Zone, provided the number of units in the Tract comprising the RA-6AH Zone does not exceed a maximum of 240 units, and that 20% of all units created in the RA-6AH district must be affordable to low- and moderate income households in accordance with all applicable regulations of the Council on Affordable Housing (COAH), the Fair Housing Act (N.J.S.A. 52-27D-301 et seq.) and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.):
(a)
Attached single-family dwellings (townhouses).
(b)
Stacked townhouse dwelling units, not to exceed 112 units.
(c)
Multifamily buildings (flats), not to exceed 56 units.
(2)
The Tract may include a lot intended to preserve open space and natural features. The creation of a lot preserving open space and natural features shall not change the overall permitted density of the Tract.
D.
Permitted accessory uses and structures allowed in the RA-6AH Zone are those customarily incidental to the Zone's permitted principal uses, and are limited to the following uses:
(1)
Attached garages for the parking of passenger vehicles and, if outdoor storage of recyclables and trash is not proposed, trash cans and recycling bins.
(2)
Driveways and exterior parking areas, subject to § 59-61.
(3)
Fences and walls.
(4)
Clubhouses, pools, pool houses, recreational amenities, golf simulators, cabanas, gazebos, garden sheds, hothouses, greenhouses, and utility sheds.
(5)
Unlighted outdoor recreation courts.
(6)
Maintenance buildings.
(7)
Utility infrastructures such as pump houses, water mains, metering pits, and similar utility improvements made necessary for the development of the property.
(8)
Signs.
(9)
Temporary storage containers for refuse and recyclable products, if same are not stored inside a building.
(10)
Decks, patios, privacy screens and similar structures between decks or patios that are designed to separate individual units.
(11)
Temporary marketing signs, flags, and banners.
(12)
Temporary sales and construction trailers.
E.
Design intent.
(1)
The intent in creating the RA-6AH Zone is to encourage the construction of an inclusionary development consisting of attached single-family (townhouse) dwellings, stacked townhouse dwellings, and multifamily dwellings (flats).
(2)
The maximum number of dwelling units permitted at the Tract, comprising Block 3301, Lot 2, and Block 3401, Lots 11, 12, 19, 40-43, 52, 53, 57, and 58, is 240, which shall include 20% of units designated as affordable units. Financial arrangements, separation of ownership units and rental units, and ultimate ownership of the property may result in subdivisions whereby market-rate and affordable units are on different lots. This section also anticipates that market-rate townhouses may be on individual fee-simple lots and specifically permits the same. The bulk standards for this particular section apply to the Tract, specifically the RA-6AH Zone boundary lines, not lot lines, and are not intended to thwart the purpose and design intent of the RA-6AH Zone as expressed herein.
F.
Bulk standards.
(1)
Overall Tract requirements.
(a)
Minimum Tract area: 50 acres.
(b)
Minimum Tract street frontage on a public roadway providing vehicular access to the Tract: 50 feet.
(c)
Minimum building setback from Tract perimeter: 50 feet.
(d)
Minimum parking setback from Tract perimeter: 30 feet.
(e)
Minimum deck, patio, fence, wall, and pump station setback from zone lines: 15 feet.
(f)
Maximum Tract building coverage: 25%.
(g)
Maximum Tract impervious coverage: 40%.
(h)
Maximum retaining wall height: The average height of retaining walls used in connection with any stormwater retention and/or detention basin, as measured at 50-foot intervals at finished grade adjacent to the wall, shall not exceed 23 feet. All other retaining walls may be no higher than 15 feet in height. If retaining walls are tiered, there shall be a minimum two-foot horizontal separation between tiers.
(i)
Maximum number of units on Tract: 240 units.
(j)
Minimum number of affordable housing units on Tract: 20% of the total number of units to be developed on the Tract. In the event that the affordable housing set-aside results in a fractional unit, the set-aside shall be rounded up to the next whole integer.
(k)
Minimum area for lot preserving open space and natural features: one acre.
(2)
Multifamily buildings (flats).
(a)
Maximum building height: 46 feet.
(b)
Maximum number of stories: three stories.
(c)
Maximum number of units per building: 27 units.
(d)
Buildings may include a below building parking level, which shall not be counted as a story, provided that more than 1/2 of its clear ceiling height is below the average finished grade level at the exterior of the foundation.
(3)
Townhouse and stacked townhouse buildings.
(a)
Maximum average townhouse building height along front wall: 35 feet.
(b)
Maximum average townhouse building height on all four sides: 46 feet.
(c)
Maximum average stacked townhouse building height: 46 feet.
(d)
Minimum building setback from internal road: 20 feet.
(e)
Maximum number of stories: three. Irrespective of plate height, uninhabitable attic space shall not be counted as a story or half-story.
(f)
Minimum deck, patio, and privacy screen, fence, wall setback from zone lines: 15 feet.
(g)
Minimum separation between buildings:
[1]
Front to front: 60 feet.
[2]
Front to side: 40 feet.
[3]
Side to side: 20 feet.
[4]
Side to rear: 25 feet.
[5]
Rear to rear: 30 feet.
(h)
Minimum/maximum number of connected dwellings.
[1]
Townhouses: minimum three, maximum six.
[2]
Stacked townhouses: minimum six, maximum 12.
(i)
Flat roofs shall not be permitted.
(4)
Identification signs.
(a)
Maximum number of freestanding signs:
[1]
Identification sign at entrance to development: two.
[2]
Within development: four.
(b)
Minimum freestanding sign setback from right-of-way (ROW): 10 feet.
(c)
Minimum development freestanding sign setback from internal roads: 10 feet.
(d)
Maximum freestanding sign area per side: 24 square feet.
(e)
Maximum freestanding sign height: 12 feet.
(f)
Temporary signs:
[1]
Temporary construction and marketing sign: maximum 40 square feet.
[2]
Temporary marketing signs and banners: permitted, minimum 10-foot setback from ROW line.
[3]
All temporary signs, flags, or banners shall be removed at the sale of the last unit.
(g)
Directional and wayfinding signs permitted within development to function as guides to residents, visitors, and guests, including emergency service providers. Maximum directional and wayfinding sign area: eight square feet.
G.
Other development regulations.
(1)
The steep slopes ordinance (§ 59-66.3) is not applicable to the Tract in recognition of the Borough's obligation to reduce cost-generative measures related to inclusionary development in the RA-6AH Zone as it adjusts maximum disturbed areas and minimum lot sizes.
(2)
The tree removal, protection and replacement ordinance (Chapter 19) is not applicable to the Tract in recognition of the Borough's obligation to reduce cost-generative measures related to inclusionary development in the RA-6AH Zone.
(3)
All dwellings and other buildings shall connect to community water and sewer systems, unless buildings, such as a storage shed, do not require services.
(4)
Potable water wells are prohibited in the RA-6AH Zone.
(5)
Individual septic systems are prohibited in the RA-6AH Zone.
(6)
Residential development shall comply with the New Jersey Residential Site Improvement Standards (RSIS).
(7)
The developer shall establish an organization for the ownership and maintenance of off-street parking areas, private streets, retaining walls, regulatory and site identification signs, recreational and social amenities and facilities including clubhouse and pool(s), utility infrastructure, and all common areas, including stormwater management infrastructure and basins all for the continuing benefit of the development's residents.
(8)
The development must be designed so that all of Oakland's emergency apparatus, include fire apparatus, must have adequate clearance to navigate within the cartway of the internal road system.
H.
Affordable Housing Regulations:
(1)
Development must provide affordable housing consistent with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"), which include N.J.A.C. 5:93 and N.J.A.C. 5:99; applicable requirements of the courts of the State of New Jersey; all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and the Borough of Oakland Affordable Housing Ordinance (Chapter 60).
(2)
At least 50% of the affordable housing units will be available to very low income and low-income households and the remainder of the units will be available to moderate income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable housing units will be made available to very low-income households, defined as households earning 30% or less of the regional median income by household size.
(3)
Bedroom distribution. Affordable housing units shall have the following bedroom distribution of bedrooms:
(a)
One bedroom: maximum of 20% of the affordable housing units.
(b)
Three bedrooms: minimum of 30% of the affordable housing units.
(c)
Two bedrooms: balance of the affordable housing units.
(4)
The division of the Tract into multiple parcels for the purpose of sale of individual units shall be permitted. Such division shall not permit or authorize the developer of the Tract to segregate affordable units onto one or more such parcels; instead, the developer shall comply with N.J.A.C. 5:80-26.5 with respect to the entirety of the Tract, which prohibits the physically clustering of affordable units so as to segregate affordable and market-rate units within the same development or within the same building, but shall, instead, intersperse the affordable units throughout the development.
(5)
The phasing applicable to the affordable housing units shall follow regulations established at N.J.A.C. 5:93-5.6(d), as follows:
Minimum Percentage of Low- and Moderate-Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
0% | 25% |
10% | 25% + 1 unit |
50% | 50% |
75% | 75% |
100% | 90% |
100% |
I.
Concept plan. The development plan for the Tract dated DATE is attached as Exhibit (to be provided).[1]
[1]
Editor's Note: Said exhibit is on file in Borough offices.
