West Caldwell City Zoning Code
§ 20-17.19
Single-Family Clustered Dwelling Units.
[Ord. No. 890 § 20-17.19; Ord. No. 1488 § 4]
a.
The objectives and purposes of single-family clustered dwelling units are to encourage innovations in residential development; to encourage flexibility in the design, layout and development of residential land; to permit more efficient use of open space ancillary to said buildings; to encourage a more efficient use of land and of public services; to reflect changes in the technology of land development so that resulting economics may endure to the benefit of both the developer and those who need homes; to promote the sound growth of the Township; to conserve the value of the land; to ensure the protection of green areas for present and future generations; to provide for a variety of housing types at locations which will promote the safe, efficient, economical and reasonable extension of municipal services while providing for the protection and enhancement of the natural environment as well as protection for existing uses in the surrounding neighborhoods and the conservation of property values in those neighborhoods.
b.
All applications for development shall include, in addition to those items required by the Land Use Procedures Ordinance of the Township of West Caldwell, the following:
1.
The layout of the proposed dwelling units, including existing and proposed watercourses, storm water detention facilities, existing utilities available to the site, grade elevations, limits of wooded areas and existing land use of the area within 500 feet of the site.
2.
A written report indicating how the proposed conditional use meets the objectives and purposes set forth in Subsection a hereof, and the reasons why the proposed conditional use is more suitable than single-family detached dwellings. This report shall also include sufficient information and data to substantiate that the proposed development would conform with the applicable provisions of the Municipal Land Use Law
[N.J.S.A. 40:55D-45]
3.
The location and size of the site and the nature of the developer's interest in the land proposed to be developed.
4.
The density of land use to be allocated to that part of the site to be developed.
5.
The location and size of all common open spaces, including the extent and nature of all structures and improvements therein.
6.
The use, height, bulk and location of all buildings, structures and improvements.
7.
A written feasibility and design study encompassing detailed drainage calculations for each structure and reach of pipe or channel, analysis of capabilities of off-site utilities, soil, slope and geological studies, traffic analysis and design, and a plan of the design for proposals for the disposition of sanitary waste and stormwater, and the source and distribution of potable water.
8.
Proposed site grading plan.
9.
Proposed soil erosion and sedimentation control plan.
10.
The substance of covenants, grants, easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
11.
The provisions for parking of vehicles and the location and width of proposed streets and public or private ways.
12.
The required modifications in the municipal land use regulations otherwise applicable to the subject property.
13.
The materials to be used on the exterior of all buildings and structures, and landscape plans.
14.
Roadway profiles and cross sections.
15.
An Environmental Impact Statement, if required by the Planning Board.
16.
All site plans, subdivision plans and construction plans shall be prepared and certified by a licensed professional engineer and/or a licensed land surveyor, as applicable. Accompanying architectural plans shall be prepared and certified by a registered architect.
17.
Any and all other information and data necessary to insure conformance with all provisions of this subsection.
c.
Minimum lot area shall be 10 acres.
d.
No building or structure shall be located within 75 feet of any existing property line or within 1/10 vehicular mile from the same or similar conditional use.
e.
The average overall density shall not exceed 2.65 dwelling units per acre of the entire site, nor more than eight dwelling units per acre of that portion of the site not located within a designated flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell. All density calculations shall be planned for the entire parcel of land, and not by sections.
1.
In determining the appropriate density for a plan subject to the aforesaid maximum density, the following factors shall be considered: the amount, location and proposed use of common open space; the location and physical characteristics of the site of the proposed plan; the location, design and type of dwelling units. The standards and general guidelines contained herein are not exclusive, but are to be read in conjunction with the other appropriate provisions of this section.
2.
There shall be no increase in the overall density of a plan established as part of final approval except upon a finding of special reasons therefor by the Planning Board after hearing upon notice to all the owners of the existing dwelling units within the property and all property owners within 200 feet of the property in question. In no event shall the densities exceed the maximums set forth herein.
f.
Buildings and uses, except as otherwise permitted within common open spaces, shall be limited to single-family dwelling units, semi-detached or attached, or groups of attached or clustered structures or any combination thereof, and accessory uses and structures as permitted in R-3A Zone Districts.
g.
No building shall exceed 35 feet in height or 2 1/2 stories whichever is less.
h.
No living floor space of a dwelling unit or any part thereof shall be directly above the living floor space of another dwelling unit or any part thereof.
i.
No building shall contain more than five dwelling units and no building containing dwelling units shall be less than 50 feet from any portion of any other such building.
j.
Common open spaces of not less than 25% of the total land area of the development shall be provided. Areas designated as required yards, buffer areas, sidewalks, roads and parking areas shall not be included as common open spaces.
k.
Common open spaces shall include and be limited to recreation facilities approved by the Planning Board such as swimming pools, playgrounds, athletic fields, recreation halls or clubhouses, tennis courts, shuffleboard courts and other compatible facilities.
l.
Each dwelling unit shall contain at least two private separate entrances.
m.
Each dwelling unit shall be on its own building lot with an overall depth of at least 150% of the building depth, but not less than 75 feet.
n.
Side property lines shall be along common walls of interior attached units. Exterior units shall have at least one side yard not less than 10 feet.
o.
Each dwelling unit shall be equipped with central heating and central air conditioning systems and trash compactors. Provision shall be made for adequate garbage and trash removal services.
p.
Buffer areas at least 50 feet in depth shall be provided, where applicable, pursuant to Subsection 20-21.1. Buffer areas at least 100 feet in depth may be required between an active recreational use and the nearest property line.
q.
A post and triple rail fence with six-inch square posts, or other approved material, may be required along the boundary lines of the property.
r.
There shall be no more than two front exteriors in any one structure with the same appearance. The combined complex of structures and dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, differing exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and horizontal or vertical orientation of the face, singularly or in combination, for each dwelling unit.
s.
No dwelling unit shall be permitted within any flood hazard area, as defined in Chapter 21 of the Revised General Ordinances of the Township of West Caldwell.
t.
The developer shall provide for an organization for the ownership and maintenance of the common open spaces for the benefit of the owners or residents of the development, if the common open spaces are not dedicated to and accepted by the Township of West Caldwell, all in compliance with the standards and requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-43).
u.
Off-street parking shall be provided pursuant to Subsection 20-23.4 and all other parking requirements within the applicable zone district.
w.
For purposes of this subsection, the following terms are defined and shall be construed as herein set forth:
1.
Attached dwelling shall mean two or more single-family dwelling units attached by a common wall between the units.
2.
Common open space shall mean a parcel or parcels of land or an area of water, or a combination of land and water within the site designed and intended for the use and enjoyment of residents and owners of the development.
3.
Detached dwelling shall mean a dwelling unit structure separated by a distance from any other structure other than an accessory structure.
4.
Developer shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
5.
Gross acreage shall mean the total area of a tract, excluding the area of any existing abutting public streets.
6.
Net acreage shall mean the total area of land devoted to a particular use, excluding public streets, interior roads and common open spaces.
7.
Plan shall mean the provisions for development, including a plat of subdivision, and all covenants relating to use, location and bulk of buildings and structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
8.
Semi-detached dwelling shall mean two or more single-family dwelling units attached by no more than five feet of common wall between the units.