Oakland City Zoning Code

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.

COMMON OPEN SPACE — Means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

BUILDING COVERAGE — The percentage of the property that is occupied by a building's footprint or structure, including all roof areas.

TOTAL SITE COVERAGE — The percentage of gross development site area occupied by structures and all uncovered impervious surfaces such as parking spaces, driveways and walkways.

ROADWAY — The common circulation facility serving a cluster of buildings and/or parking areas in the affordable housing zone.

DRIVEWAY — The area providing direct access to one or more parking areas or garages linking said parking areas or garages to a common roadway circulation element.

PARKING STALL — An accommodation of the off-street parking of a motor vehicle of not less than 180 square feet per vehicle exclusive of access drives or aisles and which shall be a minimum of nine feet in width measured perpendicular to the axis of the length with adequate provision for ingress and egress, except as provided for handicapped persons parking spaces which shall measure 12 feet in width and 20 feet in length.

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.

TOWNHOUSE — A building containing two or more dwelling units, each dwelling unit separated by plane vertical party walls, separate and apart, each having direct access to the outside and the street without use of a common hall, or passageway.

MINIMUM HABITABLE FLOOR AREA — The finished area of a dwelling unit that is enclosed by the inside surfaces of walls and windows in accordance with the standards established in the BOCA building code requirements of the Borough of Oakland.

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 areas may be improved with building, structures and facilities incidental to the recreation use.

MULTIPLE FAMILY DEVELOPMENT — 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 or public or quasi-public uses all primarily for the benefit of the residential development.

Townhouse dwelling units in detached, semi-detached or attached groups.

Garden apartment dwelling units.

Low-rise multi-family dwelling units.

Utilities and essential services.

Signs as otherwise regulated in the borough ordinances.

Noncommercial swimming pools, tennis courts and other outdoor recreational facilities.

Private garages and off-street parking for private vehicles.

Indoor and outdoor recreational facilities as required by this section.

Public and private utility service facilities including water supply, sewage treatment, gas, electric, telephone and cable services and drainage facilities.

Minimum lot area: 20 acres.

Minimum lot frontage along a county or municipal road: 300 feet.

Average minimum lot width (at building setback line): 500 feet.

Average lot depth (at midpoint of property): 750 feet.

Setback from external lot lines:

Lot coverage:

Grades:

Accessory buildings:

Townhouses:

Garden apartment dwelling units:

Low-rise multi-family dwellings:

Townhouses -Two parking spaces per dwelling unit. One parking space must be in the form of a garage.

Garden Apartments - 1.5 parking spaces per dwelling unit.

Low-rise multiple family dwellings - 1.75 parking spaces per dwelling unit.

Visitor parking - 0.25 parking spaces per dwelling unit.

There shall be no parking of any vehicle along roadways or main circulation roads within the development.

Roadway and driveway widths shall be determined as follows:

Construction of pavement of all public roadways and all driveways shall conform to the borough standards for public roads.

Water facilities:

Sanitary sewerage system:

Drainage and storm water management:

Electric, gas, telephone and cable television services if available shall be provided by developer in concert with the appropriate public utility providing such services 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.

Street improvements, monuments, street names and other traffic control devices, shade trees, street lights, 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.

Refuse pick up areas shall be provided and shall be located for the convenience of the residents of the developments. All such areas shall be screened with fencing four feet in height and exterior shrubs of not less than two feet in height on at least three exposed sides.

If a residents' association or a condominium association is established in the AH Zone, the organization shall be required to provide for and/or contribute to the expense or cost of the upkeep, maintenance and expense of sanitary sewer system, roads, drives, parking facilities, drainage facilities, street parking, street lighting, refuse pick up, snowplowing, and other services.

The area for detention basins and other drainage control devices shall not qualify as active recreation space as required by this section but shall be suitable for passive recreational functions. Additionally, wetland areas shall not qualify as active recreation space as required by this section, except for existing facilities within wetland areas or as approved by N.J.D.E.P. Active recreation space for swimming pools, tennis courts and other sport and recreational activities may be improved with facilities, buildings, and structures for indoor and/or outdoor recreational use consistent with the residential character of the development.

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.

All owners and residents of the AH Development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event 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.

All open spaces shall be connected to residential areas with walkways or other reasonable means of access.

Buffer:

Each building and structure and each complex of the same shall have a compatible architectural theme in design to provide attractiveness within the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.

Landscaping:

Concrete or brick paver walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

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. Lighting illumination levels shall minimally provide 1/2 foot-candle in all parking and sidewalk areas.

Every building shall have two means of ingress and egress to the exterior in accordance with BOCA code requirements.

The developer shall establish an organization(s) for the ownership and maintenance of off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development, and for the maintenance of common open space. The same shall be held in perpetuity by the organization(s) subject to appropriate easements. Structures and facilities in support of recreational activity may be constructed in accordance with the site plan approval. Such organization(s) shall not dispose of said off-street parking space, recreational and/or utility and essential service facilities by sale or otherwise, except to an organization(s) conceived and established to own and maintain the same for the benefit of such development and the residents thereof. Thereafter such organization(s) shall not be dissolved or dispose of any of said off street parking space, recreational, utility and essential service facilities without obtaining the consent of the members of the organization(s) as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and shall provide for all services to the development until such time as the organization(s) established for the ownership and maintenance of the same and the maintenance of common open space shall be formed and functioning.

In the event that the organization shall fail to maintain said recreation and open space facilities for the benefit of the residents of the development, 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 has failed to maintain the same in reasonable condition, and demanding that such deficiencies be 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 notice. At such hearing the Governing Body may modify the terms of the original notice as to the 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 of time thereof, the Governing Body, in order to preserve said open space and recreational facilities for the benefit of the residents of the development, 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 and recreational facilities. 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 and recreational facilities call 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 same in reasonable condition, the Municipality may, in its discretion, continue to maintain said open space and recreational facilities for the benefit of the residents of the development, 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.

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 and recreational facilities for the benefit of the residents of the development, in accordance with 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 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.

It shall be the responsibility of the said organization(s) to also maintain loading and unloading areas, driveways, aisles, sidewalks, and access ways 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, and good condition.

Any application for development in the AH Zone 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 any and all necessary experts to assist the Planning Board in the review of any aspects of the application.

The applicant for development in the AH Zone 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 ordinances, 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.

Staging. The affordable house development may be developed in stages as outlined herein.

Applications for final site plan approval shall be limited to a minimum of 20% 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 the preceding stage.

Any conditions or approvals granted by the Planning Board shall be further conditioned and subject to a developer's agreement.

Off-tract improvement (if any), shall be governed by the Site Plan Review and Subdivision of Land Ordinance of the Borough of Oakland as well as the Municipal Land Use Law of the State of New Jersey.

Sequence of stages:

In the deliberation of the proposed sequence of stages the Planning Board shall be guided by the following criteria and factors:

Low and moderate income housing requirements:

The municipality shall provide by ordinance an affordable housing committee established to enforce the foregoing provisions with respect to initial sales and resales controls contained in these general regulations.