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Oakland City Zoning Code

§ 59-58.1

T.H. Townhouse Development District.

[Added 1-2-1985 by Ord. No. 84-Code-17]
A. 
Purpose: to provide for the comprehensive, coordinated development of contiguous tracts of land for multiple-family townhouse dwellings in order to accomplish the following objectives:
(1) 
Promote a more balanced, environmentally acceptable use of land which encourages contemporary land use design and conservation of open space.
(2) 
Provide for development which does not adversely impact the borough regarding traffic flow, recreational facilities and other municipal services.
(3) 
Provide for a variety of housing accommodations which are compatible with a modern way of life and enhance the natural beauty and resources of their surroundings.
B. 
For purposes of interpretation and implementation of this Article, the following words and terms shall have the definitions hereinafter provided. All other words and terms in this section shall have the definitions as provided herein:
ACTIVE RECREATION AREA
A parcel of land dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that the said area may be improved with buildings, structures and facilities incidental to the recreation use.
BASEMENT
An area of a building partly underground, but having at least 1/2 of its clear ceiling height above the average finished grade level at the exterior of the foundation. A "basement" shall be considered as a story if used for dwelling or business purposes.
BEDROOM
A room for sleeping. Each townhouse unit shall have at least one bedroom with a minimum area of 150 square feet and the other bedroom shall contain a minimum area of 120 square feet.
BUILDING COVERAGE
The percentage of gross development site area that is occupied by a building's footprint or structure, including all roof areas.
BUILDING HEIGHT
The vertical dimensions measured from the average ground elevation of the finished grade at the front of the building to the highest point of the roof surface, if the roof is flat; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof. Average ground elevation shall be the average of the highest and lowest elevations along the finished grade at the front of the building, subject to the exceptions contained in § 59-45.
CELLAR
An area of building partially underground, having more than 1/2 of its clear ceiling height below the average finished grade level at the exterior of the foundation.
COMMON OPEN SPACE
An area of unimproved land within the site designated for development; provided, however, that recreational facilities with attendant building, structures and facilities may be situated therein, as well as common building areas.
DRIVEWAY
The limited vehicular access road serving a cluster of buildings and/or parking areas in the T.H.
GROSS DEVELOPMENT SITE AREA
The total gross acreage of a development within existing streets and/or property lines prior to development or subdivision, including streets, easements and common open space portions of the development.
MINIMUM HABITABLE FLOOR AREA
The finished and heated area of a dwelling unit that is fully enclosed by the inside surfaces of walls, windows, excluding cellar, basements, attics, porches, garages, terraces, carports, heating rooms and any unheated area. The ceiling height of 75% of the area must be at least seven feet six inches.
PARKING STALL
[Repealed 9-10-2014 by Ord. No. 14-Code-703]
ROADWAY
The common arterial vehicular access road serving a cluster of buildings and/or parking areas in the T.H.
SETBACK
The setback of a building from a particular lot line is the horizontal distance from such lot line to the part of the building nearest such lot line.
STORY
That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling or roof above it. A split level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a half story.
TOTAL SITE COVERAGE
The percentage of gross development site area that is occupied by structures and all uncovered impervious surfaces such as parking spaces, driveways and walkways.
TOWNHOUSE DEVELOPMENT (T.H.)
An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate accessory, public or quasi-public uses all primarily for the benefit of the residential development.
TOWNHOUSES
A building containing two or more dwelling units, each dwelling unit separated by plane vertical party walls (horizontal townhouse), separate and apart, each having direct access to the outside and the street without use of a common hall or passageway.
C. 
Permitted principal uses. No building or structure shall be erected and no existing building or structure shall be reconstructed, moved, altered, added to or enlarged, nor shall any land, building or structure be designed, used or intended to be used for any purpose other than as follows:
(1) 
Townhouse dwelling units in detached, semi-detached or attached groups.
(2) 
Utilities and essential services.
(3) 
Indoor and outdoor recreational facilities as required by this Article.
D. 
Accessory uses. Any use which is subordinate, but related and customarily incidental, to the principal permitted use:
(1) 
Signs as otherwise regulated in the Borough Ordinances.
(2) 
Noncommercial swimming pools, tennis courts and other outdoor recreational facilities.
(3) 
Private garages and off-street parking for private vehicles.
(4) 
Solar energy systems. Such systems may be installed only as an accessory use either on the roof of a permitted principal or accessory structure or as freestanding structures such as above a parking area.
[Added 5-22-2013 by Ord. No. 13-Code-685]
E. 
Minimum site area requirements of T.H. No tract, parcel or lot shall be developed as a planned townhouse development unless it contains a minimum five acres of adjoining and contiguous land to be developed as a single entity according to a plan or plans containing one or more residential clusters.
F. 
Residential units in a T.H. shall be designated in accordance with the following standards:
(1) 
Maximum building or structure length: 150 feet.
(2) 
Horizontal townhouse building maximum number of units in a single structure: 6.
(3) 
Vertical and horizontal townhouse building maximum number of units in a single structure: 8.
(4) 
Maximum building height: 35 feet.
(5) 
Maximum number of habitable stories: 2 feet.
(6) 
Maximum number of horizontal units before a horizontal break: 2.
(7) 
Minimum break in horizontal alignment: 5 feet.
(8) 
Minimum distance between buildings:
(a) 
Front-to-front: 90 feet.
(b) 
Front-to-rear: 60 feet.
(c) 
Front-to-side: 60 feet.
(d) 
Side-to-side: 40 feet.
(e) 
Side-to-rear: 40 feet.
(f) 
Rear-to-rear: 60 feet.
(9) 
Minimum building setback from public or private main access roads: 40 feet.
(10) 
Minimum building setbacks from internal driveways: 20 feet.
G. 
Minimum habitable floor area in T.H.
(1) 
One-bedroom unit: 800 square feet.
(2) 
Two-bedroom unit: 1,000 square feet.
H. 
Distribution of dwelling units in T.H.
(1) 
Horizontal townhouses: 80% to 100%.
(2) 
Vertical townhouses with maximum of two dwelling units: 0% to 20%.
I. 
Bedroom distribution in T.H.
(1) 
One-bedroom unit: 0% to 20%.
(2) 
Multiple bedroom units: 80% to 100%.
J. 
Land use density requirements:
(1) 
Maximum gross density: six units per acre, except that identifiable topographically distinct areas of the site exceeding a natural slope of 20% shall not be used for building or other structural improvements. 20% slope areas may be included in gross density calculations.
(2) 
Maximum localized density: nine units per acre.
K. 
Off-street parking requirements per dwelling unit of the T.H. shall be as follows:
(1) 
Townhouse: two parking spaces per dwelling.
(2) 
There shall be no parking of any vehicle along roadways and driveways.
(3) 
Off-street parking spaces for visitors, 0.5 spaces per unit.
(4) 
Number of off-street parking spaces required to be enclosed: townhouse, per unit: 1.
(5) 
Parking stall: size: 10 feet by 20 feet, exclusive of access aisle.
L. 
Area, bulk and yard regulations for a T.H.
(1) 
Minimum lot area: five acres.
(2) 
Minimum lot frontage along a county or municipal road: 200 feet.
(3) 
Average minimum lot width: 300 feet.
(4) 
Average minimum lot depth: 700 feet.
(5) 
Setbacks from external lot lines:
(a) 
Front yard: 75 feet.
(b) 
Side yards:
[1] 
One: 50 feet.
[2] 
Two: 100 feet.
(c) 
Rear yard: 50 feet.
(6) 
Coverage:
(a) 
Maximum building coverage: 20%.
[Amended 7-23-2008 by Ord. No. 08-Code-572]
(b) 
Maximum impervious coverage by impervious surfaces: 40%.
[Amended 7-23-2008 by Ord. No. 08-Code-572]
(c) 
Minimum required active open space: 10%.
(7) 
Grades:
(a) 
Maximum original grade of buildable area for structures: 20%.
(b) 
Maximum original grade for roadways, driveways and parking areas: 20%.
(c) 
Maximum improved grade for roadways: 12%.
(d) 
Maximum improved grades for driveways and parking areas: 6%.
(8) 
Accessory buildings for T.H.
(a) 
Minimum distance setback from principal buildings: 40 feet.
(b) 
Minimum setback from roadway: 25 feet.
M. 
Circulation requirements for T.H.
(1) 
Any development or cluster within a development shall have two separate access points to the roadway servicing the development. If the main access to any T.H. development from the public road is limited to one roadway containing one exit and one entrance lane, each shall be 20 feet in width and separated from each other by a divider with an average width of not less than 10 feet, and having a length of not less than 100 feet.
(2) 
Roadway and driveway widths shall be determined as follows:
(a) 
Public: must conform to borough standards.
(b) 
Private:
[1] 
Roadway: one-way, 16 feet.
[2] 
Roadway: two-way, 26 feet.
[3] 
Driveway: one-way, 12 feet.
[4] 
Driveway: two-way, 20 feet.
(3) 
Construction of pavement of all public roadways shall conform to the borough standards for public roads.
(4) 
Construction of paving of all driveways shall conform to the borough standards for paving as contained in borough ordinance.
N. 
Utility improvements and services for T.H.
(1) 
Water facilities:
(a) 
The site shall be connected to a municipal water system.
(b) 
All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.
(c) 
All water mains shall be a minimum of eight inches in diameter and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of fire hydrants shall be determined by the Municipal Fire Department.
(d) 
The water storage system shall conform to the recommendations of the National Fire Underwriters Board. A separate storage reservoir shall be provided if tests indicate that municipal facilities are inadequate due to low pressure or undersized mains or inadequate supply.
(2) 
Sanitary sewage system.
(a) 
The development shall be serviced by a central sanitary sewerage collection and treatment system. The collection and facilities shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state and federal officials and agencies.
(b) 
The developer shall provide an organization for the ownership and maintenance of any and all sewerage collection and facilities, including but not necessarily limited to all collectors, appurtenances, pumping facilities and outfall sewers, not located within municipal streets or rights-of-way. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations; for securing all pertinent permits, for the operation, function and maintenance of any on-site facilities. Said organization shall not be dissolved. Said organization shall be constituted in accordance with the recommendations of the Borough Attorney.
(3) 
Drainage and stormwater management:
(a) 
The development shall be serviced by a stormwater management system as provided by the Storm Water Control Ordinance adopted or to be adopted and shall conform to all relevant federal and state statutes, rules and regulations concerning stormwater management or flood control.
(b) 
Any T.H. Development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will not be any increase in the rate of runoff from the property than exists in its present state (0% increase in peak runoff). Moreover, the applicant will be required to ensure that there will be no significant impact from this development to the adjoining properties.
(4) 
Electric, gas, telephone and cable television services, if available, shall be provided by the developer in concert with the appropriate public utility providing such service and shall be installed underground, except high voltage, electric primaries over 30,000 volts. One master television antenna or one cable television connection shall be provided for each building.
(5) 
Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants and all aspects of street construction, as well as other improvements, shall be subject to local and state regulations and Borough Engineer approval.
(6) 
Refuse pickup areas shall be provided and shall be located for the convenience of townhouse residents. All such areas shall be screened with evergreens on at least three exposed sides and planted to a height of at least four feet with maximum growth of at least six feet in height.
(7) 
The residents of the T.H. Development shall be required to provide for the upkeep, maintenance and expense of sanitary sewer system, roads, drives, parking facilities, drainage facilities, streetlighting, refuse pickup, snow-plowing and all other services as may be required by the Planning Board of the Borough of Oakland.
O. 
Common open space implementation requirements:
(1) 
The area for detention basins and other drainage control devices shall not qualify as active recreation space as required by this Article. Land having slopes in excess of 20% and chronically wet marshland shall not qualify as active recreation space as required by this Article.
(2) 
Active recreation space may be improved with facilities, buildings and structures for indoor and outdoor recreational activities consistent with the residential character of the development.
(3) 
All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings and structures shall be completed before a certificate of occupancy shall be granted to more than 75% of the proposed dwelling units.
(4) 
All owners and residents of the Planned Residential Development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulation. In the event that the proposed development shall consist of a number of stages, the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.
(5) 
All open space shall be connected to residential areas with walkways or other reasonable means of access.
P. 
General design standard of T.H.
(1) 
Buffer.
(a) 
The developer shall provide and maintain a buffer area of not less than 25 feet from all external lot lines of the development. The said buffer area shall be kept in its natural state where wooded and where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round natural screen.
(b) 
Only the following uses shall be permitted in a buffer area:
[1] 
Detention and retention basins.
[2] 
Underground utilities.
[3] 
Walkways, trails and bicycle paths.
(c) 
The required buffer area shall be included for a purpose of computing compliance with the common open space requirements and yard setback requirements of this Article.
(d) 
The Planning Board may modify the requirements for a buffer area upon finding that the Planned Residential Development abuts another Planned Residential Development or a natural or man-made barrier and that, by reason thereof, the buffer area may be modified without detriment to existing or proposed uses.
(2) 
Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variations shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.
(3) 
Landscaping.
(a) 
Landscaping shall be provided throughout the development site to provide a natural setting for buildings, structures and recreational facilities. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. The trees shall be hard maple or ash, or a similar tree as approved by the Planning Board. No tree shall be planted nearer than 25 feet to an intersection.
(b) 
All island or unpaved areas within a street shall be landscaped.
(c) 
Within any area of clearing not occupied by a building, structure, street, parking area or recreational facility, there shall be provided a minimum of 12 trees per acre calculated on gross acreage. The trees shall have a minimum diameter of four inches as measured three feet above ground; existing trees meeting the aforesaid criteria shall be included in determining compliance herewith.
(4) 
Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.
(5) 
No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.
(6) 
No building or structure shall be located within 35 feet of high-water mark of any stream or watercourse.
(7) 
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Engineer.
(8) 
Air-conditioning units in excess of 2,500 Btu's shall be screened and insulated for aesthetic and acoustical purposes.
(9) 
Every dwelling unit shall have two means of ingress and egress to the exterior without sharing a hallway, stairway or elevator with another unit.
(10) 
Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.
Q. 
Ownership and maintenance.
(1) 
The developer shall have the right to offer the common open space for dedication to the municipality.
(2) 
In the event that the municipality shall not accept the dedication or the developer shall not offer the same the following regulations shall apply:
(a) 
The developer shall establish an organization for the ownership and maintenance of any common open space and off-street parking space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization subject to an open space easement. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization shall not be dissolved, and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and ownership and maintenance of any common open space and off-street parking for the benefit of residents of the development. Thereafter, such organization shall not be dissolved or dispose of any of its open space without obtaining the consent of the members of the organization as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of any such open space and provide for all services to the development until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guaranty in an amount to be fixed by the municipality's engineer for such maintenance for a period of two years after the date of acceptance of all streets in the development.
(b) 
In the event that the organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization had failed to maintain the open space in reasonable condition, and demanding that such deficiencies are remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon which shall be held within 15 days after the date of the notice. At such hearing the governing body may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the governing body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the discretion of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, 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.
(c) 
The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the assessed value at the time of imposition of the lien, and shall become a tax lien 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.
(d) 
It shall be the responsibility of the owner of the common open space to maintain, in addition to the common open space, all off-street parking, loading and unloading areas, driveways, aisles, sidewalks and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality, residents and visitors.
(e) 
All documents pertaining to any neighborhood association of common open space shall be subject to review by the municipality's Attorney, shall be countersigned by the Chairman of the Planning Board and the Mayor and recorded as a covenant running with the land when the final plat is recorded by the County Clerk.
R. 
Administrative provisions.
(1) 
Any application for a townhouse development shall be processed and reviewed pursuant to the procedures and standards of the Site Plan Ordinance and, where applicable, the land subdivision ordinance and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage, at the cost and expense of the applicant and/or developer, any and all necessary experts to assist the Planning Board in the review of any aspects of the application.
(2) 
The applicant for a townhouse development shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control. Said plan shall be in accordance with the terms of the zoning ordinance, site plan ordinance, subdivision ordinance and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site-plan application.
(3) 
Staging. Each planned residential development may be developed in stages as outlined herein.
(a) 
Applications for final site plan approval or final subdivision approval or both shall be limited to a minimum of 25% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final stage is approved by the Planning Board, the second stage shall not be permitted for consideration by the Planning Board for a period of not less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of preceding stage.
(b) 
Sequence of stages. In the deliberation of the proposed sequence of stages, the Planning Board shall be guided by the following criteria and factors:
[1] 
That each stage is substantially self-functioning and self-sustaining with regard to access, utility service, parking, open space and other similar physical features and shall be capable of occupancy, operation and maintenance upon completion of construction and development.
[2] 
That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.
[3] 
That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants and other formal agreements.
[4] 
That the landowner will provide a balanced distribution for development in each stage. Said disposition shall be judged on the basis of the level of improvement cost, physical planning and coordination required and other relationships which may be necessary to undertake in each stage or segment.
(4) 
Environmental standards. No site plan for T.H. shall receive approval until an environmental impact study shall be submitted to and approved by the Borough of Oakland Planning Board or Board of Adjustment as appropriate. The purpose of obtaining said approval is to determine that the impact of this proposed project will not unreasonably affect the environment of the proposed development and its surroundings.
(a) 
Plan and description of development. A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done during construction and operation. The description shall include but not be limited to contours, buildings, roads, paved areas, grading and regrading, adjacent natural streams and the project's relationship to surrounding property and utility lines.
(b) 
Inventory of existing environmental conditions. An inventory of existing environmental conditions at the project site and in the affected region which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history, archeology and socioeconomic aspects. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to the Bergen County Soil Survey and the criteria contained in the Bergen County Soil Conservation District Standards and Specifications.
(c) 
Assessment of environmental impact of project. An assessment, supported by environmental data, of the environmental impact of the project upon the factors described in the inventory of Existing Environmental Conditions shall be submitted and shall include an evaluation of water use, liquid and solid wastes on the quality and quantity of surface and groundwaters. The assessment shall also include an evaluation of the public costs of the project, including but not limited to the costs of additional schools, roads, police, etc., and indirect costs, such as the loss of open space.
(d) 
Steps to minimize environmental damage. A description of steps to be taken to minimize and mitigate adverse environmental impacts during construction and operation, both at the project site and in the affected region, shall be included, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the action to be taken.
S. 
Off-tract improvements shall be governed by the Site Plan Review and Subdivision of Land Ordinances of the Borough of Oakland.