Somers Point City Zoning Code
ARTICLE VI
R-CL Residential Cluster District
§ 114-27 Intent; applicable regulations.
A.
Intent. The purpose of the Residential Cluster District is to permit residential cluster development with sufficient controls to protect natural resources and the environment.
B.
Regulations. The regulations set forth in this article and as set forth elsewhere in this chapter, as applicable, are the regulations of this district.
§ 114-28 Permitted uses.
In the R-CL Residence Cluster District, the following uses (and no others) of lands and buildings are permitted:
A.
Single-family dwellings, including the following:
(1)
Single-family detached, single-family residence. A single-family residence is situated on an individual lot with private yards on all four sides of the house.
(2)
Single-family detached, zero lot line. This single-family residence is on an individual lot, and the building is set on one of the side property lines. An easement for maintenance on the adjoining lot is one of the requirements for this type of construction. Windows on the lot line side of a dwelling are prohibited.
(3)
Single-family detached, patio house. The "patio house" is a single-family detached unit with one dwelling unit from ground to roof, having individual outside access. All living spaces, i.e., living rooms, den and bedrooms, shall open into a major open area or patio.
(4)
Single-family detached, atrium house. The "atrium house" is a single-family, attached, one-story dwelling unit with individual outside access. A private yard, herein called an atrium, shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shall open into the atrium.
§ 114-29 Area and bulk requirements.
A.
Density for the R-CL District is based upon dwelling units per adjusted gross acre as defined in § 114-9, the definition of "density." Maximum density shall be one dwelling unit per adjusted gross acre with both public sewer and water, or one dwelling unit per two adjusted gross acres without both public sewer and water.
B.
Any development in the R-CL District shall be serviced by a public water supply system for potable water. The system shall be maintained by the municipality or an entity established by the developer with the approval of the governing body of the City of Somers Point. The system shall not be serviced by more than two wells. The minimum depth of any well shall be 300 feet.
C.
Lot width. 150 feet, minimum, of roadway frontage. On curves with a radius of less than 200 feet, the frontage requirement may be reduced by 50%, provided that the specified width is adhered to at the building setback line.
D.
Yard setback requirements.
(1)
Front: 50 feet.
(2)
Sides: 20 feet minimum; 50 feet combined, except as otherwise provided in § 114-28A(2).
(3)
Rear: 50 feet, provided that the one-hundred-foot minimum setback is maintained from the high-water line or greater as applicable federal, state or county regulations may require.
§ 114-30 Additional design criteria.
A.
All land use shall be set back a minimum of 100 feet from the waterfront as measured from the mean high-water line.
B.
Buffer areas shall be provided between all residential land uses and nonresidential land use or nonresidential zone districts. Buffer areas shall be a minimum of 15 feet wide in the R-CL Districts, half of which may count as required yard setbacks. Buffer areas shall be increased to 25 feet for residential land use adjacent to any street. Buffer areas shall be designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses.
(1)
Methods for meeting requirements. In meeting this standard, the applicant may employ one or more of the following:
(2)
If, in the judgment of the approving authority, any of these alternate provisions will not provide sufficient buffers for the portion of the side proposed, the approving authority may require the development plan to be modified to show the extension of the buffer area or require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.
C.
Buffer material and natural foliage. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material. The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Additional plantings may be required by the approving authority to establish an appropriate tone for an effective buffer.
D.
Screening.
(1)
Screening shall be provided with buffer strips or as required elsewhere in this chapter so as to provide a year-round visual or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties.
(2)
Screening shall be so placed that at maturity it will not be closer than three feet from any street or property line.
(3)
All plants for screening shall be of a species common to the area, be of balled and burlapped nursery stock and be free of insects and disease. Plants which do not live shall be replaced within two years or two growing seasons. Buffered screen plantings shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
(4)
Screening shall consist of the following materials:
(a)
Solid masonry: a solid masonry wall not less than five to six feet above ground level.
(b)
Solid fencing: a solid fencing, uniformly painted or of a natural durable material, such as cedar, cypress or redwood, not less than six feet above ground level and open to the ground to a height of not more than four inches above ground level.
(c)
Shrubbery. Low-type shrubbery screening may be used in and around parking areas, roadways or accessways where sight distances for vehicular and pedestrian traffic are a prime consideration. Shrubbery shall be a minimum of three feet high when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises. Line-of-sight triangles, however, will not be violated and shall be kept clear. All other shrubbery for screening shall be a minimum of five feet high at the time of planting. Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.
(d)
Trees. Trees for screening shall be evergreens having a minimum height of eight feet above the ground when planted. Trees shall be placed five feet on centers in a single row, or five feet on centers in two or more staggered rows with a separation between rows of five feet. Evergreens may be supplemented with deciduous trees having a minimum height of eight feet at the time of planting and a minimum caliper of 1 1/2 inches.
§ 114-31 Open space consideration.
A.
Open space areas resulting from development in the R-CL Districts shall weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas. The configuration of the open space areas should be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities.
B.
The developer may be required to plant trees or other similar landscaping improvements. Said improvements may include removal of dead or diseased growth, thinning of trees or other growth to encourage more desirable growth, removal of trees in areas planned for active recreational facilities, grading and seeding and improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
C.
Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include, but are not limited to, pedestrian paths, sitting areas and naturally preserved areas. Active recreational areas may include, but are not limited to, such facilities as swimming pools, tennis courts, bicycle paths and playfields but should be carefully located to avoid problems of noise, light and similar nuisance elements affecting residential units. They shall be located not less than 50 feet from any boundary line, exclusive of buffers.
D.
Every parcel so set aside shall be conveyed by deed at the time final plat approval is granted.
E.
The land to be set aside shall be offered to the City Council for acceptance. Land offered for dedication but not accepted by the City Council shall be transferred to a homeowner's association or similar organization in accordance with N.J.S.A. 40:55D-43.
F.
Any open space offered to the City Council shall be subject to review by the Planning Board, which shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as topography, soils, wetlands and tree cover, as these features may enhance or detract from the intended use of the lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.
G.
Such open space dedicated to public use shall include significant portions of the shoreline within the development above the mean high-water line.
H.
All open space accepted by the City Council shall be considered as the developer's contribution to the city's recreational needs and as an on-site tract improvement at the developer's expense.
§ 114-32 Public access.
A.
All residential buildings shall be oriented to the tract and to other buildings so as to preserve open vistas, to take advantage of the waterfront setting, to the maximum extent feasible, by clustering with orientation of the project to the waterfront and otherwise providing the residents and public with reminders of the proximity of the waterfront.
B.
Unobtrusive paths, that respect the residents' privacy to or along the shoreline to encourage passive public use where appropriate as part of individual residences shall be provided.
C.
Projects with all-weather paths, landscaping and other improvements which are appropriate for the anticipated demand and size and location of the project shall be developed. The public access system should provide continuous access along the shoreline, with connection to other public areas or streets. Public parking, if none exists in the area, shall be provided.
D.
Elevational changes, planting, fences and signs to clearly differentiate the public access areas from the private residential areas shall be used.
§ 114-33 Development subject to review and approval.
All development within this district is subject to review and approval by the appropriate Board (Planning or Zoning) and shall comply with the major subdivision and site plan requirements of this chapter. No waivers of site plan review and approval shall be allowed.