[Added 10-8-1984 by Ord. No. 405-C; amended 11-12-1984 by Ord. No. 408-C; 2-22-1994 by Ord. No. 600-C; 5-20-1996 by Ord. No. 627-C]
[Amended 12-15-1997 by Ord. No. 97-659-C]
Permitted principal uses in the Planned Unit Development Zone are listed in this Article. Any uses not so listed are expressly prohibited. Only one type of use is permitted per lot in a PUD, provided, however, that each lot may be developed with more than one building.
A. 
Dwellings.
(1) 
Single-family detached dwellings, as regulated in the R-1 Zone.
(2) 
Low- and moderate-income townhouses and town residences, as defined in § 210-3B, in a PUD.
(3) 
Market-priced townhouses and town residences, the number of which shall equal not more than 5% of the total number of dwelling units constructed or the next whole number if 5% yields a fraction of 1/2 or more, but only on the condition that at least 25% of the low- and moderate-income units shall be rental units, in a PUD.
B. 
Assisted living facilities for senior citizen households with a minimum age for at least one occupant of 62 years, in a PUD.
C. 
Office buildings, including buildings housing professional offices, in a PUD, subject to other controls contained herein.
D. 
Scientific or research laboratories, testing, experimental or computation centers, in a PUD, provided that there shall be no use thereof that is noxious, offensive or hazardous by reason of emission of odor, dust, smoke, noise or electric, magnetic or radioactive waves.
E. 
Medical arts buildings, medical and dental offices, clinics, administrative offices, and medical and hospital records storage, in a PUD, except for the practice of veterinary medicine. Nursing homes, hospitals and medical clinics requiring residency, other than assisted living facilities, are prohibited.
[Amended 5-19-1997 by Ord. No. 97-650-C]
F. 
Banks and financial institutions and other service establishments where no products are manufactured, processed or sold, such as the offices of a real estate broker, insurance broker and travel agency, in a PUD.
G. 
Places of worship. Churches, places of worship and religious instruction, parish houses and Sunday school buildings, as regulated in the R-1 zone.
H. 
Farms, animals and poultry, as regulated in the R-1 zone.
(1) 
The following shall be permitted uses:
(a) 
Farms, truck gardens and the sale of farm products raised on the premises.
(b) 
All farm animals shall be adequately housed and, except for horses, shall be confined to the owner's property lines at all times.
(c) 
The number of horses shall be limited to one per acre or two miniature horses, 38 inches or less in height, per acre.
[Amended 8-15-2022 by Ord. No. 22-1039]
(d) 
All poultry, including pigeons, shall be adequately housed and, except for homing pigeons, shall be confined to the owner's property lines at all times.
(2) 
The following are not permitted uses:
(a) 
The keeping of pigs, goats, mink or other obnoxious animals is prohibited.
(b) 
Commercial kennels for breeding or boarding of animals, animal hospitals, commercial slaughtering and reduction of animal matter are prohibited.
I. 
Reservoirs. Reservoir or water supply reservation, when owned and operated by the Borough or a duly established authority thereof, shall be a permitted use.
J. 
Extended stay hotel, provided that no liquor license shall be assigned to the premises and further provided that the hotel shall be supervised by a person in charge and on premises 24 hours a day/seven days a week, including holidays.
[Added 12-15-1997 by Ord. No. 97-659-C]
A. 
Accessory uses shall be permitted for single-family dwellings as allowed in the R-1 Zone.
B. 
Accessory uses for low- and moderate-income housing and market priced townhouses and town residences shall permit and may include the following:
(1) 
Public utilities and essential services.
(2) 
Off-street parking areas.
(3) 
Indoor and outdoor recreation facilities, including tennis courts, swimming pools and clubhouse facilities provided that the same are designed and intended for the use of the residents of the low- and moderate-income housing development.
(4) 
Retention and detention drainage facilities.
C. 
Accessory uses for assisted living facilities for senior citizens shall permit and may include:
(1) 
Congregate dining facilities for residents of the facility and their guests and staff.
(2) 
Off-street parking and loading.
(3) 
Public utilities and essential services.
(4) 
Indoor and outdoor recreation areas for residents of the facility and their guests.
(5) 
Indoor common laundry facilities for use by residents and staff.
(6) 
Commissaries, dispensaries, doctor's and nurse's offices, barber shops and beauty salons, staff offices and other support facilities operated entirely for the benefit of the residents.
(7) 
One ground sign, not exceeding 16 square feet in area and eight feet in height, identifying the facility by name, and directional signs (not exceeding two square feet in area each) and traffic control signs as approved by the Planning Board.
(8) 
Retention and detention drainage facilities.
D. 
Accessory uses for office and research uses shall include the following:
(1) 
Off-street parking and loading.
(2) 
Public utilities and essential services.
(3) 
Signs.
(4) 
Retention and detention drainage facilities.
(5) 
Storage of furnishings, supplies and equipment, but not drugs or hazardous materials, by building owners and/or tenants, limited to 10% of the building floor area or the basement level, whichever is greater.
E. 
Storage of unregistered motor vehicles and registered and disabled registered vehicles. Unregistered motor vehicles, motor vehicles not registered in the name of the owner or tenant or a member of the immediate family of either and disabled registered motor vehicles shall not be stored for more than 10 days, except in an enclosed garage, on any lot in a residential zone in the Borough of Saddle River. For the purposes of this subsection, the term "disabled" shall mean a motor vehicle which is partially dismantled, nonoperating, wrecked or in such a state of disrepair that it cannot be readily made operable and conform to all the requirements of the New Jersey Division of Motor Vehicles.
F. 
Accessory uses for an extended stay hotel shall permit and may include:
[Added 12-15-1997 by Ord. No. 97-659-C]
(1) 
Off-street parking and loading areas.
(2) 
Public utilities and essential services.
(3) 
Indoor and outdoor recreation areas and facilities for the exclusive use of residents of the facility and their guests.
(4) 
Conference and meeting rooms.
(5) 
Indoor common laundry facilities for use by residents and staff.
(6) 
A warming kitchen and a dining room serving breakfast only exclusively to residents of the facility.
(7) 
Hotel management offices and staff facilities.
(8) 
One ground sign facing Boroline Road and not exceeding 16 square feet in area on each sign face and not exceeding eight feet in height, identifying the facility by name. Such sign may, with the approval of the Planning Board, be located in a required front yard or buffer area.
(9) 
Up to two wall mounted signs identifying the facility by name and consisting of backlit channelized lettering with such lettering not exceeding an average of 18 inches in height with no single letter exceeding 24 inches in height if facing Route 17, and not exceeding an average of eight inches in height with no single letter exceeding 10 inches in height if internal to the development or facing a side lot line. No wall mounted sign shall face Boroline Road.
(10) 
Directional signs (not exceeding two square feet in area each) and traffic control signs as approved by the Planning Board.
(11) 
Retention and detention drainage facilities.
A. 
Minimum size of planned unit development. No tracts, parcels or lots or tract, parcel or lot shall be developed as a planned unit development unless it shall contain a minimum of 25 or more acres of adjoining and contiguous land in the Borough of Saddle River and shall contain sufficient access to an approved and improved street. For the purpose of this subsection, internal streets, roads and rights-of-way shall not be deemed to divide acreage of a planned unit development. In order to qualify as a planned unit development, an application for office buildings, assisted living facilities and residential uses shall be made as a single comprehensive entity as further provided herein.
B. 
Land use where development does not qualify as a planned unit development. In areas of the PUD Zone which do not qualify as planned unit developments or do not elect to proceed as planned unit developments, all of the controls and requirements of the R-1 Residential Zone shall apply.
C. 
Buffer areas.
(1) 
In the residential portion of the PUD, the landowner shall provide and maintain a variable buffer area averaging 50 feet wide but in no case less than 20 feet wide from Route 17 and consistent buffer areas measuring 50 feet wide from East Allendale Road and 25 feet wide from Boroline Road.
In all other portions of the PUD, the landowner shall provide and maintain consistent buffer areas measuring 100 feet wide from Route 17 and 50 feet wide from East Allendale Road. A variable buffer area may be provided along Boroline Road provided that the buffer area averages 25 feet wide and is in no place less than 15 feet wide and that, where an improvement will be closer to Boroline Road than 25 feet, the finished grade on site shall be at least three feet below the elevation of Boroline Road.
[Amended 5-19-1997 by Ord. No 97-650-C; 12-15-1997 by Ord. No. 97-659-C]
(2) 
Such buffer area shall be kept in its natural state where wooded; and when natural vegetation is sparse or nonexistent, is of insufficient quality, or must be removed to accommodate site grading operations, the landowner may be required to plant a year-round visual screen, which may include a planted berm, as determined by the Planning Board.
[Amended 5-19-1997 by Ord. No. 97-650-C; 12-15-1997 by Ord. No. 97-659-C]
(3) 
No use or structure, including parking or loading areas, shall be permitted within the required buffer area, but the Planning Board may, upon a finding of reasons therefor, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property, and the Board may also permit a portion of a buffer area to be used for a detention or retention basin, provided that the basin is designed as a landscaping feature, and further provided that the landscaping plan for the buffer area is determined by the Planning Board to meet the objectives of a buffer area.
(4) 
The required buffer area may be included in the area of a planned unit development for the purpose of computing compliance with the open space requirements of this chapter.
D. 
Area, bulk and yard requirements.
(1) 
Boundary line setback requirements. All buildings and structures shall be set back no less than 100 feet from Route 17 and 50 feet from West Allendale Road and Boroline Road.
(2) 
Area, yard and bulk controls. Area, yard and bulk controls shall be in accordance with the Schedule of Area, Yard and Bulk Controls for planned unit developments herein.[1]
[1]
Editor's Note: See Schedule B: Limiting Schedule, which is included at the end of this chapter.
(3) 
Measurements of setbacks. All setbacks shall be measured from the right-of-way line of the street, but if the Master Plan or Official Map of the Borough shows the location of a right-of-way line different from the existing right-of-way line, the required setbacks shall be measured from the right-of-way line as shown on the Official Map, if any, or the Master Plan.
(4) 
At all street intersections, no obstruction to vision exceeding 24 inches in height above the grade to be established at the curb, other than existing buildings, posts, columns or other trees or proposed necessary traffic control devices, shall be permitted in an area bounded by the intersecting curbline and a line joining points each 30 feet distant from the intersection of the curblines along the curbline, of each street.
E. 
Building height and design.
(1) 
No building or structure, except those containing low- and moderate-income housing units and/or market-priced townhouses and town residences, assisted living facilities, extended stay hotels and office, research and bank buildings, shall have a height greater than 2 1/2 stories or 35 feet.
[Amended 12-15-1997 by Ord. No. 97-659-C]
(2) 
Buildings containing low- and moderate-income housing units and/or market-priced townhouses and town residences shall not exceed a building height of 35 feet or three stories.
(3) 
Extended stay hotels, office buildings, research facilities and bank buildings shall not exceed a building height of three stories or 38 feet provided that extended stay hotels shall be designed with pitched rather than flat roofs. All extended stay hotels, office buildings, research facilities and bank buildings shall provide complete access for the handicapped. The construction of such uses shall include the installation of sprinklers as required by municipal and state fire codes. Buildings associated with an extended stay hotel shall not have a length on any single plane exceeding 220 feet.
[Amended 12-15-1997 by Ord. No. 97-659-C]
(4) 
Assisted living facilities shall not exceed a building height of 35 feet or, in the case of gabled roof structures, 37 feet or three stories.
F. 
Distance between buildings.
(1) 
In the residential portion of a PUD, where dwelling units are not being subdivided and the circulation system is privately owned and maintained, the following shall be the minimum distances between buildings:
Location
Distance
(feet)
The front of one building to the front of another building
75
The front of one building to the side of another building
75
The front of one building to the rear of another building
80
The side of one building to the side of another building (other than an attached unit)
25
The side of one building to the rear of another building
[Amended 5-19-1997 by Ord. No. 97-650-C]
40
The rear of one building to the rear of another building
60
(2) 
Within the planned unit development there shall be no residential building located closer than 125 feet to any nonresidential building. A buffer zone no less than 50 feet in width shall be maintained between nonresidential parking areas and any area of the tract devoted to low and moderate income or market-priced housing.
G. 
Land use distribution, intensity and design standards.
[Amended 12-15-1997 by Ord. No. 97-659-C]
(1) 
The development of the Planned Unit Development Zone for other than single-family residences located on two acre lots and uses enumerated in the R-1 Zone requires the development and construction of low- and moderate-income housing, assisted living facilities, and nonresidential uses, including extended stay hotels, office buildings, research facilities and/or bank buildings. The minimum and maximum permitted intensity of use for each component element is noted as follows:
[Amended 2-25-2019 by Ord. No. 19-969-C; 4-20-2020 by Ord. No. 20-990-C]
Low- and Moderate- Income Housing
Assisted Living, Extended Stay Hotel, Corporate Offices, Research and Bank Facilities
Land use distribution
25-35%
65-75%(*)
Minimum number of low/moderate-income housing units
70
----
Maximum number of units per acre
10 (for the residential portion of the PUD)
30 (for the assisted living portion of the PUD)(*)
Maximum floor area ratio
---
0.30 (for each lot devoted to the above uses)
(*) Provided that the area devoted to assisted living facilities shall not exceed four acres, the number of assisted living units in the PUD shall not exceed 120 and the number of assisted living beds shall not exceed 140.
(2) 
Timing of development and implementation. Within the Planned Unit Development Zone, the timing of development of the low- and moderate-income housing shall be as follows:
Percent of Total Development
Other PUD Development
(percent floor area)
Low- and Moderate-Income Housing Development
(percent dwelling units)
0-33%
0%
34-66%
Proof of financing, construction permit and start of construction on the residential units or other performance guarantee satisfactory to the Planning Board and to COAH
67-100%
100%
H. 
Low- and moderate-income housing requirements. Low- and moderate-income housing units within a PUD shall comply with all of the provisions of the Borough's Affordable Housing Ordinance and shall be affirmatively marketed in accordance with the Borough's Affirmative Marketing Ordinance.
I. 
Open space.
(1) 
Each planned unit development area shall contain a minimum of 25% of total land area in open space.
(2) 
A minimum of 50% of the required planned unit development open space shall be located in the residential portion of the development.
(3) 
Any required open space may include common recreation areas for residential uses and required buffer areas for computation purposes, as well as other permitted open space functions as defined herein.
(4) 
If any area designed for open space of any type is to be retained by private interests, such private interests shall be required to file easements or specify reversionary interests in a deed or other similar conveyance, as determined by the Planning Board Attorney, to the appropriate governmental body or environmental commission to ensure the intended use and function of such area.
J. 
Circulation and off-street parking requirements.
(1) 
In any planned unit development, off-street parking and loading facilities and standards shall be in accordance with standards provided in Chapter 195, Subdivision of Land, and Chapter 179, Site Plan Review.
(2) 
The parking requirements for an assisted living facility shall be one space per five beds, plus one space per staff member at maximum shift, in addition to which provision shall also be made for holiday parking such that an expanded parking ratio of one space per two beds, plus one space per staff member at minimum shift can be accommodated. These additional parking spaces may be provided off-site, along a driveway or through a valet parking plan, as approved by the Planning Board.
(3) 
The parking requirement for the low- and moderate-income housing units shall be 1 1/2 spaces per senior citizen unit, two spaces, per one- or two-bedroom unit and 2 1/2 spaces per three-or-more bedroom unit, plus 10% additional parking spaces for visitors. Garages are not required for any of the low- and moderate-income housing units, provided that all required parking spaces shall be located within 250 feet of the unit served, except that parking spaces for senior citizen units shall be located within 150 feet of the unit served.
(4) 
The parking requirement for an extended stay hotel shall be 0.9 parking spaces for each guest unit.
[Amended 12-15-1997 by Ord. No. 97-659-C]
(5) 
Parking spaces shall be nine feet wide and 20 feet long as provided in § 210-3 except that the Planning Board may approve parking spaces measuring 18 feet long where provision is made for a usable two-foot overhang.
[Added 12-19-1997 by Ord. No. 97-659-C]
K. 
Other improvements.
(1) 
Utility improvements.
(a) 
Every planned unit development shall be serviced by a centralized water and sanitary sewerage system.
(b) 
Electric, gas and telephone service.
[1] 
Electric, gas and telephone service shall be provided by the developer in concert with the appropriate public utilities providing such service. Said service shall be provided as part of an underground system.
[2] 
If such underground facilities cannot be reasonably provided due to topographic or geographic conditions of the land due to technological circumstances and if the landowner shall adequately demonstrate the lack of feasibility of such an undertaking to the satisfaction of the Planning Board, a waiver of this requirement may be granted by the Planning Board.
(2) 
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 regulations and Borough Engineer approval.
(3) 
Drainage facilities. Drainage facilities shall be installed in accordance with the applicable provisions of Chapters 179 and 195. All detention and retention basins shall be maintained by the property owner.
L. 
Environmental standards. An application for a planned unit development shall adhere to the environmental criteria established in this chapter and all Borough ordinances. All buildings or structures which shall be erected and any existing building or structures which shall be erected and any existing buildings or structures which are to be moved, enlarged, altered or added to and any land, buildings or structures which are to be designed, used or intended to be used shall comply with these requirements.
(1) 
There shall not be an increase in the rate of runoff to any adjoining or nearby stream or watercourse whenever alternative solutions are available. A zero percent 0% increase in runoff shall be maintained for the site in consideration of a one-hundred-year storm.
(2) 
All principal buildings shall be set back a minimum of 30 feet from the high water mark of any stream or watercourse. All streams and watercourse corridors within this thirty-foot distance shall remain in their natural state, except where necessary to provide utility easements or connecting roadways. The Planning Board shall, in addition, require an easement of not less than 10 feet along each side or edge of said body of water.
(3) 
There shall be adherence to all federal and state requirements affecting potable water.
(4) 
All groundwater sources in areas of fractured bedrock shall not be located within 100 feet of any sewage disposal facility.
(5) 
No development shall impede the existing waterways or streams or substantially alter the hydrology of the area.
(6) 
All environmental criteria shall be adhered to as promulgated by the Borough of Saddle River and all appropriate county, regional, state and federal requirements.
M. 
Comprehensive site plan.
(1) 
The applicant for a planned unit development shall be required to submit a comprehensive site plan for the entire area so zoned and under the applicant's control. Said plan shall be submitted in accordance with Chapter 195, Subdivision of Land, Chapter 179, Site Plan Review, this chapter and other applicable municipal, county and state regulations.
(2) 
The comprehensive site plan is a mandatory requirement and shall be binding upon the applicant (including all future interests in said property, as defined herein). The comprehensive site plan shall be submitted as part of the preliminary application. The applicant, upon approval of any portion of the permitted nonresidential development, including an extended stay hotel or an assisted living facility, shall be obligated to construct the low- and moderate-income housing units required herein despite the transfer of ownership or sale of some or all of the nonresidential, extended stay hotel or assisted living development components.
[Amended 12-15-1997 by Ord. No. 97-659-C]
N. 
Staging. As permitted under N.J.S.A. 40:55D-39c(6), each planned unit development may be developed in stages.
O. 
Sequence of stages. In deliberation of the proposed sequence of stages, the approving authority 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 services, 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 unit 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 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 for a balanced distribution of development in each stage. Said distribution shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.
A. 
The requirement to construct all of the low- and moderate-income housing units shall be the obligation of the applicant, subject to comprehensive site plan approval for the entire site and final site plan approval for the residential portion of the development.
B. 
The applicant shall be required to reserve the site and utility services for the requisite low- and moderate-income housing and to construct said low- and moderate-income housing in compliance with the timing and implementation provisions set forth herein.
C. 
For the purposes of this section, the term "applicant" refers to the applicant pursuing the approval of the PUD as a whole.
[Added 12-15-1997 by Ord. No. 97-659-C]
A. 
Implementation of the provisions of this Article shall include the establishment of a builder's agreement entered into by and between the Borough of Saddle River and the applicant.
B. 
The agreement, which shall be binding on all heirs, assigns, etc., shall require, among other conditions, the establishment of an escrow fund guaranteeing the placement of cash or other form of security acceptable to the Borough into an interest-bearing account, to assure the Borough of complete implementation, scheduling and financing of the builder's agreement.
C. 
The format of the builder's agreement shall be negotiated by the governing body, with the advice and consent of the Borough Attorney and Borough Engineer, and shall be subject to the recommendation of the Planning Board as provided by law.
[Added 1-18-2021 by Ord. No. 21-1005-C]
Nothing in this article shall be interpreted to prohibit the type and intensity of residential development as permitted in the AHO-5 Overlay Zoning District when a developer is developing in accordance therewith.