The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision and the development of land in the Borough in order to promote its public health, safety, convenience and general welfare. It shall be administered to ensure orderly growth and development, conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
As authorized by N.J.S.A. 40:55D-37, the provisions of this chapter shall be administered by the Planning Board; provided, however, that whenever, pursuant to law or ordinance, the Board of Adjustment has jurisdiction to grant site plan or subdivision approval, then the applicable provisions of this chapter shall be administered by the Board of Adjustment.
This chapter shall not be construed to repeal the Zoning Ordinance[1] or any part thereof. All other ordinances which are inconsistent with the provisions of this chapter shall be deemed superseded to the extent of such inconsistency.
[1]
Editor's Note: See Ch. 150, Zoning.
Certain words and terms in this chapter are to be given the following meanings:
ADMINISTRATIVE OFFICER
The person with whom applications for development are filed pursuant to this chapter. The administrative officer for the Board of Adjustment shall be the Clerk to the Board of Adjustment. The administrative officer for the Planning Board shall be the Clerk to the Planning Board.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, conditional use, zoning variance or direction for the issuance of a permit for construction within the bed of a mapped street or for construction of a structure not having access or not related to a street.
CERTIFICATE AS TO APPROVAL OF SUBDIVISION OF LAND
A certificate issued by the proper administrative officer of the Borough certifying:
A. 
That there is in the Borough a duly established Planning Board.
B. 
That there is in the Borough an ordinance controlling the subdivision of land.
C. 
Whether a subdivision has been approved by the Planning Board for the land designated in the application for such certificate, and, if so, the date of such approval and any extensions and terms thereof.
DAYS
Calendar days.
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGEWAY
The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 to 58:1-34.[1]
INTERESTED PARTY
A. 
In a criminal or quasicriminal proceeding, any citizen of the State of New Jersey.
B. 
In an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose rights to use, acquire or to enjoy property under this chapter or under any law of this state or of the United States have been denied, violated or infringed by an action or a failure to act hereunder.
LOADING SPACE
Any off-street space available for the loading or unloading of goods and having direct usable access to the street or alley.
LOT
A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use.
LOT AREA
The area of a lot expressed in square feet or acres. Any portion of a lot included within the right-of-way lines of a street shall not be included in calculating lot area. However, any portion of a lot or lots dedicated to the Borough for other public use shall not be deducted from the calculation of the lot area.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MASTER PLAN
A composite of the mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION
Any subdivision that does not involve the creation of more than three lots, a planned development, any new street nor the extension of any off-tract movement.
OFFICIAL MAP
The map entitled the "Official Map, Borough of Upper Saddle River, Bergen County, New Jersey," dated November 1965 and revised to October 1979 or any subsequent amendments thereto, showing the location of existing and proposed streets.
[Added 11-8-1979; 5-8-1986 by Ord. No. 8-86]
OFF-SITE
Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter or any other ordinance.
PARKING SPACE
An off-street space available for the parking of a motor vehicle, provided that such space shall have a minimum width of 10 feet and a minimum depth of 20 feet, exclusive of maneuvering areas, passageways, driveways and loading spaces appurtenant thereto.
PARTY IMMEDIATELY CONCERNED
Any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted by the Borough, including cash, provided that the Borough shall not require more than 10% of the total performance guaranty in cash.
PERMIT, BUILDING
A certificate issued by the Construction Code Official for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted application and plans.
[Amended 5-8-1986 by Ord. No. 8-86]
PERMIT, CERTIFICATE OF USE AND OCCUPANCY
A certificate issued by the Construction Code Official upon completion of the construction of a new building or addition or upon a change in the occupancy of a building (other than a dwelling unit as defined in this chapter) which certifies that all requirements of this chapter or such adjustment therefrom as has been granted by the Board of Adjustment have been met and that the purpose for which a building or land is to be used is in conformance with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
[Amended 5-8-1986 by Ord. No. 8-86]
PLANNING BOARD
The Planning Board of the Borough of Upper Saddle River.
PLAT
The map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
Rights conferred pursuant to this chapter prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and applicant.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for its consideration and tentative approval and meeting the requirements of § 126-11 of this chapter.
SITE PLAN
A development plan of one or more lots on is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices.
C. 
Any other information required by this chapter that may be reasonably required in order to make an informed determination pursuant to this chapter.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
A. 
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
B. 
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
C. 
MINOR STREETSThose which are used primarily for access to the abutting properties.
D. 
MARGINAL ACCESS STREETSStreets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E. 
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other subdivisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order; conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
[1]
Editor's Note: N.J.S.A. 58:1-1 to 58:1-34 were repealed by L.1945, c. 22, p. 79, § 44, effective 7-1-1945; L.1979, c. 359, § 15, effective 1-31-1980; L.1981, c. 262, § 26, effective 8-13-1981. See now N.J.S.A. 58:1A-1 et seq.