[Added 6-4-2020 by Ord. No. 20-992-C]
A new Article XV, Townhouse Inclusionary Housing District 1 (TIHD-1), is hereby established in Chapter 210 of the Borough of Saddle River Zoning Ordinance. This zone shall encompass Block 1402, Lots 23, 24 and 25 of the Borough of Saddle River Tax Maps.
The purpose of the Townhouse Inclusionary Housing District 1 is to establish an inclusionary development zone in which a certain proportion of the dwelling units are set aside for occupancy by very-low-, low- and moderate-income households satisfying the FHA and Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and in conformance with the latest procedural and substantive rules for affordable housing, as determined by the courts or other applicable authority, by permitting such development subject to the following regulations.
The TIHD-1 District shall supersede the requirements of the R-1 and R-2 Zones and shall permit "for sale" townhouse multifamily dwelling units, provided:
A. 
There shall be no more than four bedrooms per residential unit.
B. 
No more than six units may be located in any single building.
C. 
The finished floor area in any unit shall not exceed 4,975 square feet, exclusive of basements, garages, decks and patios.
D. 
Each unit shall have at least a two-car attached garage, except up to eight units may have a one-car attached garage.
E. 
The conceptual design of the development shall adhere, to the extent practicable, to the general design and layout shown on Attachment A.[1]
[1]
Editor's Note: Said attachment is on file in the Borough offices.
Accessory uses and structures may include the following, when shown on a site plan approved by Saddle River:
A. 
Public and private utilities servicing the units.
B. 
Internal roadways, parking areas and sidewalks.
C. 
Clubhouses or other recreation buildings.
D. 
Lighting fixtures subject to § 210-82G.
E. 
Swimming pools and tennis courts.
F. 
Signs, subject to § 210-82O.
G. 
Refuse collection area, subject to § 210-82L.
H. 
Off-street parking spaces that serve the development, along with associated private roadways.
I. 
Fences and walls, which shall complement the architectural style, type, and design of the buildings and the overall project design.
J. 
Appropriate barriers at an emergency access.
K. 
Stormwater management basins and structures, sanitary sewer systems and pumps and utilities, when properly screened and landscaped.
L. 
Mail boxes or a mail box station.
M. 
Internal traffic control devices and traffic and directional signs.
N. 
Any other accessory uses and structures approved as a part of site plan review including detention/retention ponds and catch basins or piping to ensure adequate stormwater management controls.
None.
A. 
Any use other than those uses specifically permitted above are prohibited, inclusive of outdoor storage of materials by any resident or condominium association or management company, storage of materials on decks/patios, detached garages, sheds, and similar.
B. 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 4-19-2021 by Ord. No. 21-1015-C]
The following development standards apply to the THD-1 District:
A. 
Minimum area: Block 1402, Lots 23, 24 and 25.
B. 
Maximum density: The maximum number of units on site shall not exceed 60.
C. 
Maximum stories/height (defined in this zone as the vertical dimension measured from the midpoint of the garage floor to the highest point of the building): 2 1/2 stories/37 feet for market rate townhouses and affordable units.
D. 
Minimum front yard setback.
(1) 
Measured from public roadway (or road widening easement line), as applicable: 75 feet if buildings have their long axis oriented parallel to East Allendale Road; 70 feet if the long axis is perpendicular to East Allendale Road.
(2) 
Measured from private roadway: 15 feet (20 feet on driveway side).
E. 
Minimum side/rear yard: 40 feet.
F. 
Minimum distance between buildings: 30 feet.
G. 
Minimum landscape buffer.
(1) 
Along public streets: 30 feet.
(2) 
Along other lot lines: 25 feet.
H. 
Maximum building coverage: 35%.
I. 
Maximum impervious coverage including the townhouse units together with their attached garages, excluding decks and/or patios: 55%.
J. 
Parking: Each residential unit, excluding up to eight units, shall be provided with a minimum of four parking spaces to be located in the garage and the driveway servicing the unit. Eight residential units may have a minimum of two parking spaces per unit (in a garage and/or driveway). In addition, visitor (or recreation) parking of a minimum of 0.25 parking spaces per unit shall be provided adjacent to the internal drives.
K. 
Maximum number of attached dwelling units per building: six for market units; 12 for affordable units.
L. 
Maximum building length: 210 feet for market units and 90 feet for affordable units.
M. 
Minimum setback of a building to an internal drive: 10 feet (20 feet on driveway side).
An overall theme of design and architectural motif shall be utilized within the development for the purpose of presenting an aesthetically pleasing design with varied building elevations, design and structural appearance within the context of an integrated unifying design theme. The following design standards shall be utilized:
A. 
Facade design.
(1) 
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.
(2) 
For a minimum of every 35 feet of building length, there shall be one planebreak along the facade, of at least 24 inches in depth.
(3) 
Buildings with expansive blank walls on any facade are discouraged. Side and rear elevations shall receive architectural treatments comparable to front facades, specifically with respect to window treatments and some form of articulation relief, which may be in the form of a belt course, corner line or similar trim features.
(4) 
Decorative architectural features at entrances, cornices, and windows, and articulation between dwelling units are required, and shall be architecturally compatible with the overall style, materials, colors and details of the building.
(5) 
Complementary building colors and materials shall be consistent with the general theme of the development.
B. 
Materials. Building facades shall be finished in a combination of materials including some or all of the following: brick, wood, Hardie Plank panels or similar fiber cement siding, stone, precast and cast stone and manufactured stone, and glass. Roofing materials shall simulate slate, tile or cedar shingles.
C. 
Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections, if applicable, should be painted the same color as the building, and where possible, located in such a manner as to be away from public view.
D. 
Landscaping standards.
(1) 
The applicant shall prepare and submit to the Planning Board, in connection with site plan review, a landscaping plan prepared by a licensed landscape architect, licensed by the New Jersey State Board of Landscape Architects, or other qualified individual.
(2) 
Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, utilize foundation plantings to enhance the site's visual and aesthetic amenity, mitigate adverse visual impacts, provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. In addition to the buffers, street trees, and typical foundation plantings, an area of landscaping shall be provided between the rear of buildings internal to the development so as to create a sense of privacy for units.
(3) 
The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.
(4) 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing such components as fencing, shrubbery, lawn areas, ground cover, existing vegetation, and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the vegetation in the area and lessen the visual impact of the structures and paved areas from adjoining properties.
(5) 
The landscape design shall create visual diversity and contrast through variation in size, shape, texture, and color. The selection of plants shall consider their susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc.
(6) 
Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.
(7) 
The use of indigenous/native plant material is encouraged to establish sustainable landscapes that blend with the natural environment, reduce the use of pesticides, and reduce irrigation. Details of any irrigation system shall be provided at the time of site plan review.
(8) 
It is contemplated that the internal drives shall be tree-lined, and in this respect, the site plan shall contain a planting scheme showing trees of a species or type reasonably satisfactory to the Planning Board. Shade trees shall be a minimum of two-and-one-half-inch caliper when planted, and a maximum of 50 feet on center.
E. 
Buffer requirements; buffer areas. Buffers shall comply with the following standards:
(1) 
There shall be a landscaped buffer zone, which shall include any natural waterway, of no less than 20 feet adjacent to all rear and side yards and 30 feet adjacent to all public rights-of-way (excluding any easements). Such buffer zones shall be kept in their natural state where wooded and buffer requirements may be entirely or partially satisfied with existing growth of evergreen and deciduous trees and shrubbery. When natural vegetation is sparse or nonexistent, the buffer zones shall be supplemented in order to provide a year-round visual screen as determined to be appropriate by the Saddle River Planning Board in site plan review, which said Planning Board review shall be based on testimony from the applicant's Planner and/or landscape architect. In this regard, the buffer can be a combination of vegetation and berms, where appropriate. The only visual breaks in the buffer shall be permitted at the entryway and emergency access or in areas of stormwater management which are designed to provide a natural screen from adjacent properties. The buffer plantings shall be a combination of deciduous and evergreen trees and shrubs designed to create a natural appearance and an effective vegetative screen. Trees installed in this buffer shall be at least 15 feet in height.
(2) 
Where required, buffers shall be measured from property lines and, if a road widening easement is required, road widening easement line. Compliance shall be determined by the Planning Board, and any approvals required pursuant to this section shall be obtained at the time of site plan review. Buffer areas may overlap required setbacks.
(3) 
East Allendale Road buffers: The following supplemental buffer requirements shall apply:
(a) 
A minimum buffer of 30 feet shall be required, provided that driveway access/egress through the buffer to the street shall be permitted.
(b) 
Along East Allendale Road, existing vegetation shall be retained to the extent practicable and supplemented where necessary to provide a year-round landscape screen.
(4) 
No buildings, structures, accessory structures, parking, driveways, or storage of materials shall be permitted within the required buffer, provided that a driveway providing access/egress to and from the site shall be permitted.
(5) 
Existing vegetation within the required buffer shall be preserved, where appropriate and supplemented with shade-tolerant massed plantings to enhance a natural character to the site where necessary to screen adjoining land uses. At a minimum, street trees shall be installed along East Allendale Road at fifty-foot intervals, with a minimum height of 15 feet at time of planting.
F. 
Landscape plan content. A landscape plan shall be submitted with each major site plan or major subdivision application. In addition to the major site plan submission requirements, the landscape plan shall include and identify the following information:
(1) 
Existing and proposed underground and aboveground utilities such as site lighting, transformers, hydrants, manholes, valve boxes, etc., existing wooded areas, rock outcroppings and existing and proposed water bodies.
(2) 
Location of individual existing trees noted for preservation within the area of development and 30 feet beyond the limit of the disturbance. Trees four inches in diameter (measured 4 1/2 feet above the existing ground level) shall be located and identified by name and diameter unless the wooded area is shown with a specific limit line. In this case, specimen trees shall be located within 30 feet of the line. Indicate all existing vegetation to be saved or removed.
(3) 
Existing and proposed topography and location of all landscaped berms.
(4) 
Location, species and sizes of all proposed shade trees, ornamental trees, evergreen trees and shrubs and areas for lawns or other ground cover. Graphic symbols used to show the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs and ground cover shall be representative of the size of the plant shown to scale at maturity.
(5) 
A plant schedule indicating botanical name, common name, size at time of planting (caliper, height and spread), quantity, root condition and any special remarks (spacing, substitutions, etc.) for all plant material proposed. Plants within the plant schedule shall be keyed to the landscape plan utilizing the first letter of the botanical plant name.
(6) 
Planting and construction details and specifications.
G. 
Lighting.
(1) 
All lighting fixtures and footcandle standards shall be provided for all areas of the site, to property lines, including around buildings, circulation aisles, parking and recreation areas and open space areas, and shall be consistent with the standards outlined by the Illuminating Engineering Society of North America (IESNA) and regulations of the Borough of Saddle River, and integrated with the overall design theme of the development.
(2) 
The Borough light fixture (Hadco Baltimore V651 70 HPS), with a maximum height of 12 feet, shall be utilized as the streetlight fixture.
(3) 
A lighting plan prepared by a qualified individual shall be provided with any site plan application.
(4) 
All freestanding outdoor lighting fixtures shall be appropriately shielded and "dark sky" compliant, and no taller than 15 feet in height.
(5) 
The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
(6) 
All parking areas, walkways, building entrances, and driveways shall be adequately illuminated during the hours of operation that occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.
H. 
Building layout. The proposed buildings facing East Allendale Road shall be designed such that they have their front or side facade of the building facing East Allendale Road, but not the rear facade.
I. 
Internal circulation, vehicular access and egress.
(1) 
All vehicular circulation aisles shall be at least 22 feet in width.
J. 
Sidewalks are to be provided off-site by Saddle River Borough, from the fire hydrant in front of the school to the TIHD-1 District boundary, with an on-site connection as shown on the amended concept plan.
K. 
Curbing. Curbing for interior roads shall be Belgian block.
L. 
Refuse collection. The manner in which refuse material shall be stored and collected shall be determined at the time of site plan review. If common refuse collection areas are to be provided, their location shall be depicted on the site plan, along with the manner in which the facility(s) shall be screened and landscaped, how garbage truck circulation and pick up shall be accommodated, and the manner in which recyclable material will be stored within the refuse collection area.
M. 
Fencing. Decorative aluminum fencing up to six feet high shall be installed along public roads and decorative vinyl fencing up to six feet high shall be installed along the remainder of the perimeter of the development.
N. 
Signs. A single sign, not to exceed three feet by four feet in dimension, may be placed upon a decorative stone wall at each entrance to the development. The top of the sign shall not be more than 4.5 feet from the grade as measured around the sign. The sign shall be placed within a landscaped setting.
O. 
Multiple buildings on a lot. Irrespective of § 210-28, which limits the number of principal buildings on a lot, in the THD-1 Zone multiple principal buildings shall be permitted.
P. 
Townhouse development in the TIHD-1 District shall be served by sanitary sewers and the provisions of § 195-42 shall not apply.
Q. 
Drainage facilities shall be designed in accordance with the Residential Site Improvement Standards (RSIS) and the provisions of § 180-5 shall not apply to townhouse development in the TIHD-1 Districts. All improvements referenced in § 195-30 shall be of a design and with specifications approved by the Planning Board, and such improvements shall not require approval by resolution of the Borough Council.
R. 
Relief from any required site design standard under this section shall be considered a design standard exception pursuant to N.J.S.A. 40:55D-51(b) and not a variance.
A. 
Pursuant to the Settlement Agreement with Fair Share Housing Center, dated February 10, 2020, the number of affordable housing units on-site shall be eight, and shall consist of one very-low-income housing unit, three low-income housing units, and four moderate-income housing units, with the affordable housing unit bedroom distribution also being satisfied (maximum 20% one-bedroom, minimum 30% two-bedroom, and minimum 20% three-bedroom) across each income category. The sole very-low-income unit shall be a two-bedroom or three-bedroom unit.
B. 
All lower income housing units shall be in conformance with the requirements of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA"); applicable regulations of the New Jersey Council on Affordable Housing ("COAH"); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency ("NJHMFA") including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").
C. 
The bedroom distribution of very-low-low- and moderate-income units for affordable units constructed in the TIHD-1 District shall be as follows:
(1) 
No more than 20% of the very-low-, low- and moderate-income units shall be one-bedroom units.
(2) 
At least 20% of the very-low-, low- and moderate-income units shall be three-bedroom units.
(3) 
At least 30% of the very-low-, low- and moderate-income units shall be two-bedroom units.
D. 
Very-low-, low- and moderate-income unit split. At least 50% of the affordable units will be available to very-low-income and low-income households and the remainder of which will be available to moderate-income households as defined in the FHA and UHAC and other applicable statutes and regulations. A minimum of 13% of the affordable units will be made available to very-low-income households, defined as households earning 30% or less of the regional median income by household size.
E. 
Procedures regarding affirmative marketing of very-low-, low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by UHAC and COAH rules or other rules determined appropriate by the court, and are as set forth in the Borough of Saddle River affordable housing ordinances.