As used in this chapter, the following terms shall
have the meanings indicated:
ACCESSORY USE OR BUILDING
A subordinate use or a detached building, the purpose of
which is incidental to that of the main or principal use or building
located on the same lot.
ADORNMENT
A permanent decorative item.
[Added 8-21-2023 by Ord. No. 23-1063]
ALTERATION
A change or rearrangement in the structural parts or in the
existing facilities or any enlargement, whether by extension of an
exterior wall or by an increase in height or by moves from one location
or position to another.
APPEAL
Any request submitted to the Board of Adjustment for interpretation
of this chapter or for a decision on alleged grievances effected the
enforcement of this chapter.
APPLICANT
Any person, firm, partnership, corporation or public agency
requesting a permit to remove any tree located in areas subject to
the following article.
[Added 11-17-2014 by Ord.
No. 14-904-C]
ASSISTED LIVING FACILITY
A residential health care facility which is licensed by the
Department of Health to provide apartment-style housing with congregate
dining and a coordinated array of supportive personnel and health
care services, available 24 hours per day, to four or more elderly
and/or handicapped residents unrelated to the proprietor. Each apartment
unit in an "assisted living facility" shall contain a private bathroom,
kitchenette and lockable entrance door. Common dining, recreational
and laundry facilities, housekeeping and maintenance services, personnel
and health care services and community and administrative facilities
and services, all in support of and for the sole benefit of the residents
of the facility, shall be considered customary accessory uses to an
"assisted living facility."
[Added 5-20-1996 by Ord. No. 637-C]
BOROUGH
The Borough of Saddle River.
BUFFER STRIP
A strip of densely planted shrubs or trees intended to reduce
noise, dust and fumes and screen the view of the buildings from adjoining
lots and public streets. The strip shall be maintained and protected
by the owner of the premises on which it is located.
BUILDING
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels or having other supports and any
unroofed platform, terrace or porch having a vertical face higher
than three feet above the level of the ground from which the building
height is measured.
BUILDING AREA
The projected horizontal area measured at the exterior wall
of the principal building and all accessory buildings. The building
area computation shall include all roofed-over porches or similar
extensions including balconies, cantilevers, eaves, roof overhangs,
or other projections (hereinafter collectively referred to as "projections")
of three feet or greater. Projections less than three feet are not
included. Projections of three feet or greater shall also be the point
of measurement for building setback calculations. Outdoor stairwells
and window wells, whether roofed over or not, shall not be counted
towards the maximum permitted building area as a percentage of lot
area.
[Amended 10-18-2010 by Ord. No. 10-843-C; 7-18-2011 by Ord. No.
11-851-C]
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished lot grade of the building to the highest point of
the roof. The finished lot grade is defined as follows:
The average elevation which is measured at the
front of the building in increments of 10 feet from left to right
and six feet in front of the finished foundation line. The existing
grade at the front of the building shall be determined by a sea level
elevation measurement. These measurements shall be documented and
certified by a licensed surveyor prior to the issuance of any application
to the Planning Board, Board of Adjustment or issuance of a building
permit.
|
Upon completion of any foundation and prior
to the commencement of any framing, the elevation of the foundation
shall be reviewed by the Borough Engineer or Building Subcode Official
to assure that the total building elevation will not exceed the maximum
height as prescribed by the Limiting Schedule. [Amended 11-12-1984 by Ord. No. 408-C; 5-21-2001 by Ord. No.
01-715-C; 9-15-2003 by Ord. No. 03-754-C]
|
BUILDING LINE
A line formed by a vertical plane parallel with the nearest
lot line and touching the outermost periphery of the building area,
as defined in the definition of "building area" above, intersecting
the grade level.
BUILDING, PRINCIPAL
A building in which there is or may be conducted the math
or principal use of the lot on which said building is situated.
CIRCUMFERENCE MEASUREMENT
The circumference of a deciduous tree shall be measured at
its widest point. Note that a tree having diameter of eight inches
is equivalent to a circumference of 25 inches for the purposes of
measurement.
[Added 11-17-2014 by Ord.
No. 14-904-C]
CUPOLA
A small roof tower usually rising from the topmost center
of the roof ridge. Cupolas often have windows or louvers and can have
a variety of base types (square, circular, or more than four sides)
and a variety of roof types (gable, flat, hexagonal, etc.).
[Added 12-19-2011 by Ord. No. 11-858-C]
DEAD OR DISEASED TREE
A tree which has been determined to be dead or to be damaged
beyond salvaging or in an advanced state of decline where an insufficient
amount of live tissue, green leaves, limbs or branches exist to sustain
life.
[Added 11-17-2014 by Ord.
No. 14-904-C]
DISH OR SATELLITE ANTENNA
Any apparatus which is designed for the purpose of receiving
telephone, radio, microwave, satellite or similar signals, but not
including conventional television antennas.
[Amended 12-12-1983 by Ord. No. 393-C]
DRIVE-IN OR DRIVE-THROUGH USE
Any use or structure constructed for the sale of goods or
services by means of a curb, window-counter or self-service to the
motoring public.
[Added 12-19-2011 by Ord. No. 11-860-C]
DWELLING UNIT
One or more rooms providing living facilities for one family.
EXTENDED STAY HOTEL
An establishment consisting of one or more buildings containing
temporary lodging units, each with its own cooking facilities, designed
to accommodate travelers and itinerant guests typically staying longer
than one week but less than one month and either maintaining or in
the process of relocating to a primary residence elsewhere.
[Added 12-15-1997 by Ord. No. 97-659-C]
FAMILY
One or more persons living together as a single housekeeping
unit.
[Amended 2-22-1994 by Ord. No. 600-C]
FARM
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, horses, poultry or dairy products.
FARM BUILDING
Any accessory building used for the housing of agricultural
equipment, produce, poultry or permitted farm animals.
FARM PRODUCTS
All field crops, nursery stock, shrubs, trees, flowers, dairy
products, eggs or products grown on the premises and limited to such
products.
FLAG LOT
A lot having less than the required frontage on a street
and configured in the form of a flag and pole, in which the "pole"
or narrow portion fronting the street provides access to the buildable
portion of the lot, referred to as the "flag," which is behind another
lot fronting on the same street.
[Added 7-18-2011 by Ord. No. 11-851-C]
FLOOR AREA, BUSINESS OFFICE
The sum of the horizontal area, having a clear ceiling height
of four feet or more, of the floor of the building, including basement,
cellar or attic, measured between the inside faces of exterior walls,
but not including the floor area occupied by stairs, corridors or
toilet facilities.
FLOOR AREA RATIO
The ratio of the sum of the gross horizontal areas of the
several floors of a building, measured from the exterior walls in
a building to the land area. "Floor area" shall not include areas
devoted to mechanical equipment serving the building, stairways, hallways
and elevators or areas devoted exclusively to off-street parking and
loading space for motor vehicles or to any space where the floor-to-ceiling
height shall be less than seven feet six inches. For the purpose of
this chapter, where a building is designed for multiple tenant occupancy
and has not been fully designed architecturally, a net floor area,
exclusive of common area, mechanical equipment, stairways, hallways
and elevators, shall be calculated to be 85% of the total floor area.
[Amended 10-18-1994 by Ord. No. 405-C]
FLOOR AREA, RESIDENTIAL
The sum of the horizontal area, having a clear ceiling height
of four feet or more, of the floors of a building, measured between
the inside face of the exterior walls. No cellar, basement, attic
or garage space, porch, patio or accessory building is to be included
in computing the floor area.
GARAGE, PRIVATE
A building or portion of a building or any space used for
the storage of private noncommercial motor vehicles and in which no
occupation, business or service for profit is carried on.
HALF STORY
A story which has floor space of no more than 60% of the
story below.
[Added 9-20-2004 by Ord. No. 04-767-C]
HOME PROFESSIONAL OFFICE[Amended 5-12-1980 by Ord. No.
334-C]
The office of a practitioner duly licensed by the State of
New Jersey and practicing as an accountant, architect, dentist, engineer,
lawyer, member of the clergy, medical doctor, osteopath, chiropractor,
optometrist, chiropodist, podiatrist, physical therapist or psychologist
if such office:
(1)
Is entirely within a dwelling.
(2)
Is incidental and secondary to the use of the
dwelling for dwelling purposes, does not contain more than 25% of
the floor area of the dwelling and does not change the character of
such dwelling.
(3)
Is used by the practitioner who resides in the
dwelling and not more than three nonresident employees.
(4)
Is not used for the sale of goods.
(5)
Does not have, in connection therewith, any
display other than a name sign of the practitioner.
IMPROVED LOT COVERAGE
That part or percentage of a lot covered by and including but not limited to buildings, accessory buildings, structures, sidewalks four (4) feet in width (sidewalks less than four (4) feet in width are exempted from the calculation), driveways, (except as otherwise provided for flag lots pursuant to §
179-7C) swimming pools, sports courts, decks, patios, cabanas, and parking areas. Storm water management devices and man-made ponds shall not count towards these calculations nor shall pads for HVAC or generator units. In addition, accessory buildings which pre-date 1896 or are listed on the list of historic structures in the Borough shall not count toward improved lot coverage.
[Amended 10-8-1984 by Ord. No. 404-C; 10-8-1984 by Ord. No. 405-C; 11-12-1984 by Ord. No. 408-C; 12-19-1988 by Ord. No.
520-C; 8-20-1990 by Ord. No. 546-C; 12-15-1997 by Ord. No. 97-658-C; 7-19-1999 by Ord. No. 99-682-C; 7-18-2011 by Ord. No.
11-851-C; 12-19-2011 by Ord. No. 11-858-C; 2-26-2018 by Ord. No.
18-944-C]
INCIDENTAL PLANT REMOVAL AND REPLACEMENT
Plant or shrub removal from any nondisturbance area that
is no more than 100 square feet in area, which is accompanied by a
full replacement of the removed vegetation with species common to
the area of nursery stock and free of insects and disease.
[Added 4-17-2017 by Ord.
No. 17-930-C]
INVASIVE PLANTS AND SPECIES
The Borough has determined that the following plants and
species of vegetation are invasive and have a profoundly negative
impact on the environment of the Borough:
[Added 4-17-2017 by Ord.
No. 17-930-C]
Air potato (Dioscorea bulbifera)
|
Autumn olive (Elaeagnus umbellate)
|
Bamboo
|
Beach vitex (Vitex rotundifolia)
|
Brazilian peppertree (Schinus terebinthifolius)
|
Butterfly bush
|
Canada thistle (Cirsium arvense)
|
Chinese tallow (Triadica sebifera)
|
Cogongrass (Imperata cylindrical)
|
Common buckthorn (Rhamnus cathartica)
|
Common teasel (Dipsacus fullonum)
|
Dalmatian toadflax (Linaria dalmatica)
|
Diffuse knapweek (Centaurea diffusa)
|
Downy brome (Bromus tectorum)
|
Fig buttercup (Ficaria verna)
|
Garlic mustard (Alliaria petiolate)
|
Giant hogweek (Heracleum mantegazzianum)
|
Golden bamboo (Phyllostachys aurea)
|
Hairy whitetop (Lepidium appelianum)
|
Houndstongue (Cynoglossum officinale)
|
Japanese barberry (Berberis thunbergii)
|
Japanese climbing fern (Lygodium japonicum)
|
Japanese honeysuckle (Lonicera japonica)
|
Japanese knotweed (Fallopia japonica)
|
Japanese spiraea (Spiraea japonica)
|
Japanese stilt grass (Microstegium vimineum)
|
Johnsongrass (Sorghum halepense)
|
Kudzu (Pueraria montana var. lobate)
|
Leafy spurge (Euphorbia esula)
|
Medusahead (Taeniatherum caput-medusae)
|
Mile-a-minute weed (Persicaria perfoliata)
|
Multiflora rose (Rosa multiflora)
|
Musk thistle (Carduus nutans)
|
Old world climbing fern (Lygodium microphyllum)
|
Oriental bittersweet (Celastrus orbiculatus)
|
Princess tree (Paulownia tomentosa)
|
Purple star thistle (Centaurea calcitrapa)
|
Quackgrass (Elymus repens)
|
Russian knapweek (Rhaponticum repens)
|
Russian olive (Elaeagnus angustifolia)
|
Saltcedar (Tamarix spp.)
|
St. John's wort (Hypericum perforatum)
|
Sacred bamboo (Nandina domestica)
|
Scotch broom (Cytisus scoparius)
|
Scotch thistle (Onopordum acanthium)
|
Spotted knapweek (Centaurea stoebe)
|
Tree of heaven (Ailanthus altissima)
|
Tropical soda apple (Solanum viarum)
|
Whitetop (Lepidium draba)
|
Witchweek (Striga asiatica)
|
Yellow star thistle (Centaurea solstitialis)
|
Yellow toadflax (Linaria vulgaris)
|
LIVING TREE
A tree, which is neither dead nor diseased, as defined herein.
[Added 11-17-2014 by Ord.
No. 14-904-C]
LOT
A parcel of land which is or may be lawfully occupied by
one principal building and accessory buildings, including the yards
required by this chapter. In the event that one plot or lot, as set
forth on any map filed with the office of the Clerk of the County
of Bergen or as set forth on the present or future Assessment Maps
of the Borough, is used in part or in full with one or more plots
or lots for the erection of a principal building and its accessory
buildings, including yards required by this chapter, the aggregate
of all such plots or lots shall, for the purpose of this chapter,
be one "lot."
LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area. No portion of a lot included in a street
right-of-way shall be included in calculating the "lot area."
LOT, CORNER
A parcel of land at the junction of and abutting on two or
more intersecting streets where the angle of intersection is less
than 150°.
LOT DEPTH
The mean horizontal distance between the street line and
the rear lot line, measured in the general direction of the side lot
lines.
LOT WIDTH
The horizontal distance between the side lot lines measured
at the required minimum front building line. Frontage of a lot shall
be measured at the street line.
[Amended 11-20-1995 by Ord. No. 633]
NONCONFORMING BUILDING
A building which, in its design or location upon a lot, does
not conform to this chapter.
NONCONFORMING LOT
A lot which does not have the minimum dimensional requirements
called for in this chapter.
NONCONFORMING USE
A use of a building or of land that does not conform to this
chapter.
NONDISTURBANCE AREA
The area of a lot on which a detached single-family residential
dwelling is located, within 25 feet of each side lot line and rear
lot line.
[Added 11-17-2014 by Ord.
No. 14-904-C]
OPEN SPACE
An unoccupied space open to the sky on the same lot with
a principal building.
PARKING SPACE
An off-street space available for parking of a motor vehicle
and which, in this chapter, is held to a minimum area nine feet wide
and 20 feet long.
[Amended 1-18-1988 by Ord. No. 495-C]
PERMIT, CONDITIONAL USE
Written certification by the Zoning Officer upon written
authorization by the Planning Board permitting a use or structure
as a special exception to the terms and provisions of this chapter,
called a "conditional use permit."
PERMIT, ZONING
Written certification by the Zoning Officer that a use or
structure is permitted in the zone for which application is made,
which is within the authority of the Zoning Officer to determine,
and may be called a "use permit" or a "zoning permit."
PLACE OF WORSHIP
A church, synagogue, temple, mosque or other building or
group of buildings which, by design and construction, are intended
for conducting religious services and accessory uses associated therewith.
[Added 12-19-2011 by Ord. No. 11-860-C]
PLANNED UNIT DEVELOPMENT
An area with a minimum of 25 contiguous acres or more to
be developed as a single entity according to a comprehensive plan,
containing both residential and office uses in ratios of nonresidential
uses to residential uses as specified elsewhere in this chapter. In
order to qualify as a "planned unit development," an application shall
be made for both residential and office uses as provided elsewhere
herein.
[Amended 8-10-1984 by Ord. No. 405-C]
PLANTING STRIP
Any area between a parking lot and a street right-of-way
that has been graded and improved by either lawns, trees or shrubs
or a combination of any of these.
PRINCIPAL BUILDING
A building in which there is or may be conducted the main
or principal use of the lot on which the building is situated.
PRIVATE EDUCATIONAL INSTITUTIONS
Private or parochial schools which offer a curriculum at
the early childhood, primary and/or secondary level meeting the minimum
standards established by the State Department of Education as may
be required by law. Shall include customary and incidental accessory
uses and structures including but not limited to those of or relating
to administration activities, chapels, athletic facilities, and other
uses and facilities that might be located on a private educational
institutional campus.
[Amended 11-13-2023 by Ord. No. 23-1069]
PUBLIC USE
The use of land or buildings or structures by any department,
commission or independent agency of the United States, of a state,
county, municipality, authority, district or governmental unit, including
the Borough of Saddle River.
[Added 12-19-2011 by Ord. No. 11-858-C]
REMOVE OR REMOVAL OF TREES
Any cutting down, poisoning, adversely pruning, topping,
or any other action otherwise diminishing the vigor of or destroying
a tree. Removal of a tree does not include injury caused by acts of
God or natural occurrences; or the salvaging, repair and necessary
pruning of trees so damaged.
[Added 11-17-2014 by Ord.
No. 14-904-C]
ROOF
The uppermost cover of a building or structure including
the actual roofing material and all other materials necessary to affix
and maintain the roof upon the walls and other supporting members,
but shall not include chimneys.
[Amended 12-12-1983 by Ord. No. 393-C]
SCHOOL
Any place of education or instruction, other than a commercial
school; college; university; theological seminary offering any and
all grades between K-12 as well as early child and day-care center;
children's day camp; private educational institution; or religious
retreat.
[Added 12-19-2011 by Ord. No. 11-860-C; amended 11-13-2023 by Ord. No.
23-1069]
SERVICE STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances.
SHRUB
A woody plant ordinarily having several stems arising from
its base and lacking a single trunk. A shrub is not a tree.
[Added 11-17-2014 by Ord.
No. 14-904-C]
SIGN
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
STORY
That part of a building between the upper surface of any
floor and the surface of the next floor above it or, in its absence,
then the finished ceiling or roof above it. A split-level story shall
be considered a second story if the floor level is six feet or more
above the surface of the finished floor next below it, except a cellar.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate will be counted as a "story"; and
if less than two feet below the top plate, it shall be counted as
a half story, provided that not more than 60% of the floor area is
used for rooms, baths or toilets; otherwise it shall be counted as
that fraction of a "story" which its floor area in rooms, baths or
toilets bears to the entire area of the floor.
STREET
The entire width between the boundary lines of every thoroughfare
or way when any part thereof is open to the use of the public for
the purposes of vehicular travel.
STREET LINE
The boundary line of every street. When a definite "street
line" has not been established, the "street line" shall be assumed,
for the purposes of this chapter, to be at a point 25 feet from the
center line of the existing pavement of the street.
STRUCTURE
A combination of materials which forms a construction, including,
among other things, stadiums, platforms, sheds, storage bins, ground-mounted
HVAC units, generator pads, swimming pools and tennis courts or any
construction formed underground or aboveground, excluding, however,
septic tanks or other sewage disposal systems and wells.
[Amended 7-18-2011 by Ord. No. 44-85; 12-19-2011 by Ord. No. 11-858-C]
SWIMMING POOL
Any artificially constructed, nonnatural tank, receptacle
or container which is filled with water that is either filtered or
chemically treated, or both, and which is equipped for and used for
swimming or bathing, whether located indoors or outdoors, whether
permanently installed, portable, collapsible or otherwise, and having
a depth of 18 inches or greater or a volume in excess of 100 cubic
feet.
[Amended 12-15-1997 by Ord. No. 97-658-C]
TOWNHOUSE
A building or structure designed for or occupied by no more
than one family or household and attached to other similar buildings
or structures by not more than two party walls extending from the
foundation to the roof and providing two direct means of access from
the outside. Furthermore, each such dwelling unit shall be provided
with cooking, sleeping and sanitary facilities for the use of each
family or household of the "townhouse." For the purpose of this chapter,
a "townhouse" may include a building or structure in a fee simple,
condominium, cooperative or leasehold ownership or any combination
thereof.
[Amended 10-8-1984 by Ord. No. 404-C; 10-8-1984 by Ord. No. 405-C; 11-12-1984 by Ord. No. 408-C]
TOWN RESIDENCE
A building or structure designed for or occupied by no more
than two families or households and which may be attached to other
similar buildings or structures by not more than two party walls extending
from the foundation to the roof and providing two direct means of
access from the outside, for each dwelling unit. For second story
units, one of these direct means of access may be an openable window
and one may be a doorway from a second floor balcony. Furthermore,
each dwelling unit in the "town residence" shall be maintained as
a separate independent dwelling and shall be provided with separate
cooking, sleeping, and sanitary facilities for the use of each family
or household.
[Amended 11-12-1984 by Ord. No. 408-C; 5-19-1997 by Ord. No.
97-650-C]
TREE
A perennial plant with an elongated stem or trunk, which
may be single- or multi-stemmed, supporting leaves or branches.
[Added 11-17-2014 by Ord.
No. 14-904-C]
USE
The specific purpose for which land, building or structure
is designed, arranged, intended or for which it is normally occupied
or maintained.
VARIANCE
Written certification by the Zoning Officer, either upon
written authorization by the Planning Board of Adjustment permitting
a use or structure or upon written authorization from the Board of
Adjustment permitting a variance from the strict application of this
chapter pursuant to statute, called a "variance."
[Amended 2-22-1994 by Ord. No. 600-C]
YARD, FRONT
An open space on the same lot with the principal building,
extending across the full width of the lot and situated between the
center line of a street in the Borough of Saddle River and the front
building line projected to the side lines of that lot.
[Amended 6-17-2002 by Ord. No. 02-734-C]
YARD, REAR
An open space extending across the full width of the lot
and lying between the rear line of the lot and the nearest building
line. The depth of a "rear yard" shall be measured at right angles
to the rear line of the lot or, if the lot is not rectangular, then
in the general direction of its side lot lines.
YARD, SIDE
An open space between the side line of the lot and the nearest
building line extending from the front yard to the rear yard or, in
the absence of either of such yards, to the street or rear lot lines,
as the case may be. The width of a "side yard" shall be measured at
right angles to the side line of the lot.
ZONING OFFICER
The Construction Official of the Borough or other official
designated by the Mayor and Council.