Borough of Upper Saddle River, NJ
Bergen County
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Table of Contents
Table of Contents
A. 
Minimum livable floor area. No dwelling shall be erected in the R-1 and R-2 Residence Districts unless the dwelling has a minimum livable floor area, as defined in this chapter, as follows:
[Amended 4-13-1989 by Ord. No. 3-89]
(1) 
A one-story ranch-type dwelling shall have a minimum livable floor area of 1,800 square feet.
(2) 
A two-story dwelling shall have a minimum livable floor area of 1,800 square feet, with not less than 1,000 square feet on the first floor.
(3) 
A split-level, raised ranch or bilevel dwelling shall have a minimum livable floor area of 1,800 square feet, with not less than 1,500 square feet of foundation area inclusive of garage.
(4) 
A one-and-one-half-story or Cape Cod dwelling shall have a minimum livable floor area of 1,800 square feet, with not less than 1,200 square feet on the first floor.
B. 
Accessory buildings. As referred to herein, accessory buildings shall include, but not be limited to, private detached garages, stables and sheds regulated elsewhere in this section. There shall be permitted no more than one accessory building on a lot, exclusive of a shed. One shed shall be permitted on a lot. An accessory building shall be located only in the required rear yard. Unless otherwise regulated in this section, an accessory building shall meet all of the following requirements:
[Amended 5-13-1998 by Ord. No. 10-98]
(1) 
The building shall be set back a minimum distance of 100 feet from the street property line. As used herein, the street property line shall refer to the street parallel to the front of the residence.
(2) 
The building shall have a maximum height of 20 feet.
(3) 
All buildings in the aggregate shall not occupy more than 10% of the area of the required rear yard.
(4) 
The building shall otherwise conform to the minimum setbacks applicable to the main building as set forth in § 150-15.
C. 
Private garage. A detached accessory building located upon a lot developed with a residential dwelling or a portion of a main residential dwelling used by the occupant's resident upon the premises principally for the storage of passenger vehicles and equipment shall be permitted to be located upon a lot. In no case shall such private garage located in a detached accessory building or a portion of the main residential building or a combination thereof have the capacity to contain more than four standard-sized automobiles utilized for noncommercial passenger vehicles, except as permitted pursuant to § 150-25. Within the residential zone, the renting of a garage or garage space for the storage of other than a motor vehicle classified as an automobile is prohibited.
[Amended 11-3-1992 by Ord. No. 11-92]
D. 
Private swimming pool.
(1) 
A private swimming pool meeting the requirements of the Board of Health shall be permitted as an accessory use in a rear yard, provided that:
(a) 
Every private swimming pool constructed or installed below ground or installed above ground level with a wall height less than four feet above grade at any point shall be completely enclosed with a permanent substantial fence (with gate) no less than four feet in height above the ground level. No opening in the fence or gate shall be more than four inches in width. The gate shall have self-closing and self-latching devices and shall be securely locked when the pool is not in use. Any access ladder or steps used in connection with an above-surface-type pool shall be removed when the pool is not in use or such access steps or entry area shall be completely enclosed by a fence meeting the provisions of this section.
(b) 
The pool shall be located at least 35 feet from any side or rear lot line, measured from the edge of the water area of the pool.
(c) 
Installation of any lighting of the pool shall be such that there shall be no glare of direct lighting into adjacent properties.
(d) 
Swimming pools, including railings and other devices attached to the pool structure, excluding diving boards and slides, shall not exceed a maximum height above finished ground level of six feet. On exposed sides facing adjacent property owners, the pool shall be shrubbed with evergreens equal in height to the exposed portion of the pool which is over two feet and not enclosed by fencing.
(2) 
The foregoing restrictions shall not apply to movable wading pools.
(3) 
The owner of an existing private swimming pool not meeting the requirements of the above subsections shall comply within 90 days of March 13, 1969.
E. 
Corner lots.
(1) 
Visibility at intersections. At all street intersections, no obstructions to vision exceeding 30 inches in height above street level shall be erected or maintained on any lot within the triangle formed by the intersecting street lines or their projections where corners are rounded and a straight line drawn between points along such street lines 25 feet distant from the point of intersection.
(2) 
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yard. The minimum zone requirements for each shall be complied with.
F. 
Exceptions to yard requirements; permitted obstructions.
(1) 
Permitted fences; requirements.
[Amended 4-13-1994 by Ord. No. 3-94; 7-9-1997 by Ord. No. 12-97]
(a) 
Except as set forth in Subsection E above, wooden and vinyl fences at least 50% open and three feet or less in height or stone walls three feet or less in height are permitted anywhere on the property. Wooden and vinyl fences at 50% open must be constructed to be nonflexible laterally. Specifically excluded are fences commonly referred to as "storm fences" and "flexible construction fencing." All wooden and vinyl fences must be either white, gray, natural or dark green in color. Wooden and vinyl post and rail fences not more than three feet high as measured from the mean natural grade to the top of the top rail are permitted anywhere on the property. The post shall not be more than six inches higher than the top of the top rail.
(b) 
Steel, aluminum, vinyl and wooden stockade fences up to six feet high are permitted only to the rear of the main building line applicable to the principal structure located on the lot whereon the fence is to be erected or the immediate adjacent rear main building line whereon it is further removed from the abutting street. Chain link fences shall only be permitted around the perimeter of swimming pools, tennis courts and enclosures for animals. The posts on vinyl, aluminum and wooden fences up to six feet shall not be more than six inches higher than the actual fence.
(c) 
Any fence which is considered to have a face or front side shall be erected so that such face or front side is placed outward from the area being enclosed. All posts supporting any fence are to be placed inward to the area being enclosed.
(d) 
Deer fence. It shall be lawful to install a deer fence up to a total of 8.5 feet. Deer fences must be dark green or black in color and may not exceed 8.5 feet in height, including any fence upon which it may have been installed. Deer fences shall not be installed within 15 feet of the property line adjacent to any roadway. Deer fences shall not be installed within the front yard setback.
[Amended 4-6-2017 by Ord. No. 5-17]
(e) 
Any fence of a type not specifically mentioned in this section shall be considered not permitted.
[Added 4-6-2017 by Ord. No. 5-17]
(2) 
A house on property which bounds on more than one street and is not a corner lot shall be deemed, for purposes of this section, to have its front yard between the street and the main entranceway to the residence and its rear yard abutting the street bordering the rear, minor or secondary entrance to the premises. Lots of this type shall not be permitted to erect a rear yard fence within 10 feet of the rear property line abutting a street or in excess of four feet in height. Any such fence shall be completely screened on the side abutting a street with natural shrubbery. All provisions contained in Subsection F(1)(a) through (d), to the extent not inconsistent herewith, shall apply to this section.
[Added 5-13-1982; amended 7-9-1997 by Ord. No. 12-97]
(3) 
Piers. As used herein, the term "pier" shall mean a post, column, monument or similar structure erected for ornamentation purposes and being located on one or both sides of a driveway access. The following requirements shall be applicable to such structures:
[Added 2-14-1996 by Ord. No. 24-95; amended 7-9-1997 by Ord. No. 14-97]
(a) 
A pier shall have maximum height of four feet, measured from the lowest average grade to the top of the monument, upon which may be located a decorative fixture which shall not extend more than 30 inches from the top of the pier.
(b) 
There shall be a limit of two piers for any property, provided that, in the event of a circular driveway, four piers shall be permitted.
(c) 
The total square footage of each pier shall not exceed 6.25 square feet with maximum dimensions of 32 inches. The footprint shall not exceed 32 inches regardless of shape.
(d) 
Each pier shall be set back not less than two feet from the adjacent road right-of-way and shall be required to be entirely within the property lines. In cases where the right-of-way is less than the minimum established by applicable regulations, piers shall be located at least 10 feet from the edge of the pavement.
(e) 
The pier shall be constructed with a permanent material which shall be aesthetically consistent with the principal building on the property.
G. 
Keeping of pets. The keeping of customary household pets is permitted in the R-1 and R-2 Residence Districts; provided, however, that the total number of such pets which have attained the age of seven months or which possess a set of permanent teeth within any dwelling unit shall not exceed four. The care or breeding of the same for commercial purposes is prohibited.
[Amended 8-13-1987 by Ord. No. 11-87; 9-10-1987 by Ord. No. 15-87]
H. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection H, Stables, added 12-28-1976, was repealed 11-5-2015 by Ord. No. 17-15.
I. 
Tennis courts. Tennis courts, when used exclusively for private purposes only, shall be permitted as an accessory use in a residence district, provided that such tennis court shall be set back a minimum distance of 100 feet from the street property line and located to the rear of the principal dwelling and shall be a minimum distance of 10 feet from the rear and side lot lines. Fences may be erected around the perimeter of a tennis court in connection with the use thereof, but in no case more than 10 feet in height, and further provided that no illuminating lights permitting night playing shall be allowed. Any fence used in connection with a tennis court shall be of the chain link variety.
[Added 12-28-1976]
J. 
Sheds. As used herein, a shed is hereby defined as a nonpermanent accessory structure situated on a residential lot. The following requirements shall be applicable to the placement of sheds in residential districts:
[Added 7-14-1995 by Ord. No. 11-95]
(1) 
A shed shall have a maximum area of 100 square feet and a maximum height of 10 feet measured from the lowest grade to the height of the peak of the roof at its highest point.
(2) 
The placement of a shed shall provide for a minimum distance of 35 feet from the side and rear property lines, which distance shall be measured from the roof overhang, if any.
(3) 
No lot shall contain more than one shed.
(4) 
The placement of a shed shall be limited to the rear yard only; provided, however, that in the case of a corner lot, the shed shall be located in that corner of the property which is the most distant from the two intersecting streets.
(5) 
A shed, together with other accessory buildings permitted in this section, shall not occupy more than 10% of the area of the required rear yard.
(6) 
Appropriate screening shall be provided so as to obstruct the vision of the walls that face the rear and side yards. Prior to the installation of the shed, the walls that face the rear and side yard shall be screened with conifers at least four feet high at the time of planting and not more than four feet on center.
K. 
Light Stanchions.
[Added 8-4-2016 by Ord. No. 7-16]
(1) 
Light stanchions shall be permitted on recreation sites in the R-1A Zone, provided that:
(a) 
A maximum of six light stanchions may be 90 feet in height.
(b) 
A maximum four light stanchions may be 60 feet in height.
(c) 
All sports field lighting shall be shielded and also shall be turned off by 10:00 p.m.
(d) 
All sports field lighting shall be designed to provide fifty-footcandle lighting levels throughout play areas.
(2) 
A minimum twenty-foot buffer shall be required to be provided where any recreation or other public use or amenity physically abuts a residentially zoned property.
[Added 10-1-1992 by Ord. No. 10-92; amended 1-25-1993 by Ord. No. 14-92; 6-14-1995 by Ord. No. 8-95; 7-10-1996 by Ord. No. 18-96]
A. 
Accessory buildings.
(1) 
The building shall have a maximum height of 20 feet.
(2) 
No building shall be located in any front yard.
(3) 
All buildings in the aggregate shall not occupy more than 10% of the area of the yard in which it is located.
B. 
General requirements.
(1) 
Utility improvements and services.
(a) 
Water facilities.
[1] 
All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.
[2] 
All water mains shall conform to the minimum standards of the Borough of Upper Saddle River and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of the fire hydrants shall be determined by the Municipal Fire Department.
(b) 
Sanitary sewerage system.
[1] 
All development regulated under this section shall be serviced by the Northwest Bergen Utilities Authority and the Bergen County Utilities Authority. The collection and facilities shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state and federal officials and agencies.
[2] 
The developer shall provide an organization for the ownership and maintenance of any and all sewage collection facilities, including but not necessarily limited to all collectors, appurtenances, pumping facilities and outfall sewers, not located within municipal streets or rights-of-way. Said organization shall be fully responsible for compliance with all federal, state and local laws and regulations, for securing all pertinent permits and for the operations, function and maintenance of any on-site facilities. Said organization may be a firm, corporation or other legal entity owned and/or controlled by the developer.
(c) 
Drainage and stormwater management.
[1] 
The development shall be serviced by a stormwater management system as designed by the applicant and shall conform to all relevant Borough, state and federal status rules and regulations concerning stormwater management or flood control.
[2] 
The development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will not be any increase in the rate of runoff, for a one-hundred-year storm, from the property than exists in present state. (Zero-percent increase in peak runoff.)
(d) 
Electric, gas, telephone and cable television services, if available, shall be provided by the developer in concert with the appropriate public utility providing such services and shall be installed underground, except high-voltage, electric primaries over 30,000 volts. One master television antenna or one cable television connection shall be provided for each building.
(e) 
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 and state regulations and Borough Engineer approval.
(f) 
Refuse pickup areas shall be provided and shall be located for the convenience of the residents of the developments. All such areas shall be screened on all sides with fencing of four feet in height and exterior shrubs of not less than two feet in height on at least three exposed sides.
(g) 
The residents' association(s) of the development shall be required to provide for and/or contribute to expense or cost of the upkeep, maintenance and expense of sanitary sewer system, roads, drives, parking facilities, drainage facilities, streetlighting, refuse pickup, snowplowing and all other services not provided by the Borough. Payment and provision of these services shall be in accordance with applicable laws.
(2) 
Indoor and outdoor recreational facilities' implementation requirements.
(a) 
Active recreation space for swimming pools, tennis courts and other sport and recreational activities may be improved with facilities, buildings and structures for indoor and/or outdoor recreational use consistent with the residential character of the development.
(b) 
All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings and structures, shall be completed before a certificate of occupancy shall be granted to more than 75% of the proposed dwelling units.
(c) 
All owners and residents of the development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event that the proposed development shall consist of a number of stages, the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.
(d) 
All open space shall be connected to residential areas with walkways or other reasonable means of access.
(3) 
General design standards.
(a) 
Buffer.
[1] 
The developer shall provide and maintain a buffer area inclusive of the required yard, of not less than 25 feet from all external lot lines of the development. The buffer area shall be kept in its natural state where wooded, and where natural vegetation is sparse or nonexistent the area shall be planted to provide a year-round natural screen.
[2] 
The required buffer area shall be included for the purpose of computing compliance with the common open space requirements and yard setback requirements of this section.
[3] 
The Planning Board may modify the requirements for a buffer area upon finding that, by reasons thereof, the buffer area may be modified without detriment to existing or proposed uses.
(b) 
Building design.
[1] 
Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site. Architectural design shall be compatible and consistent with present character of development within the Borough of Upper Saddle River. An Architectural Review Board may be formed to ensure that the architectural design is compatible and consistent with the present character of development within the Borough. This Board should have at least one architect as a member and should be a subcommittee of the Planning Board. Such design as agreed to by the Planning Board shall be made an integral part of the site plan approved herein.
[2] 
All affordable housing sites shall have all external mechanical equipment enclosed in an enclosure with a veneer which matches the exterior of the structure.
[3] 
Any new construction and additions thereto shall require periodic surveys approved by the Building Code Official to ensure compliance with prior site plan approvals and Borough ordinances.
[4] 
Within a development in an AH Zone, there shall be no economic segregation of dwelling units, except where one-family detached dwellings are provided, they may be separated from low- and moderate-income units. The low- and moderate-income units shall be disbursed throughout all of the buildings that are included in the development. By way of example, should a development include a total of 10 buildings with a low- and moderate-income component of 20 units, there shall be a minimum of one affordable unit in each building on the site.
(c) 
Landscaping.
[1] 
Landscaping shall be provided throughout the development site to provide a natural setting for buildings, structures and recreational facilities. The adequacy of the landscaping design and plan shall be determined by the agency reviewing the application. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. The trees shall be hard maple or ash or similar trees as approved by the Planning Board. No tree shall be planted nearer than 25 feet to an intersection. No shrubs or hedges over three feet shall be planted within 25 feet of an intersection. Any plantings, including trees and shrubs, shall be maintained and replaced if dead or damaged by the developer/association at the developer's/association's expense.
[2] 
All island or unpaved areas within a street shall be landscaped.
[3] 
Within any area of clearing, not occupied by a building, structure, street, parking area or recreational facility, there shall be provided a minimum of 15 trees per acre, calculated on gross acreage. The trees shall have a minimum diameter of 4.0 inches as measured one foot above the ground; existing trees must have a minimum caliper of at least eight inches to qualify for meeting the aforesaid criteria to be included in determining compliance herewith.
(d) 
Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.
(e) 
No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.
(f) 
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets and other facilities shall be provided at locations to provide for the safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Engineer.
(g) 
(Reserved)[1]
[1]
Editor's Note: Former § 150-19.1B(3)(g), which required two means of ingress and egress, was repealed 7-10-1996 by Ord. No. 18-96.
(h) 
Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principals.
(4) 
Ownership and maintenance.
(a) 
The developer shall establish an organization(s) for the ownership and maintenance of off-street parking space, recreational, utility and essential service facilities for the benefit of the residents of the development and for the maintenance of common open space. The same shall be held in perpetuity by the organization(s) subject to appropriate easements. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization(s) shall not be dissolved and shall not dispose of said off-street parking space, recreational and/or utility and essential service facilities by sale or otherwise, except to an organization(s) conceived and established to own and maintain the same for the benefit of such development and the residents thereof. Thereafter such organization(s) shall not be dissolved or dispose of any of said off-street parking space, recreational, utility and essential service facilities without obtaining the consent of the members of the organization(s) as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and shall provide for all services to the development until such time as the organization(s) established for the ownership and maintenance of the same and the maintenance of common open space shall be formed and functioning.
(b) 
Off-street parking spaces, recreational, utility and essential service facilities for the benefit of the residents of the development and common open space shall be maintained in reasonable order and condition and be under the jurisdiction of the applicable Property Maintenance Code of the Borough of Upper Saddle River.[2]
[2]
Editor's Note: See Ch. 102, Property Maintenance.
(c) 
All documents pertaining to any neighborhood association responsible for the maintenance of said off-street parking space, recreational, utility and essential service facilities and common space shall be subject to the review by the Borough Attorney as to compliance and consistency with local ordinances and may be recorded as a covenant running with the land. The foregoing shall not apply with respect to organization(s) formed and owned by the developer with respect to the ownership, operation and maintenance of sewage collection and treatment facilities as provided in Subsection B(1)(b) hereof.
(5) 
Administrative provisions.
(a) 
Any application for development shall be processed and reviewed pursuant to the procedures and standards of the Site Plan Ordinance and, where applicable, the Land Subdivision Ordinance[3] and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage, at the cost and expense of the applicant and/or developer, any and all necessary experts to assist the Planning Board in the review of any aspects of the application.
[3]
Editor's Note: See Ch. 126, Subdivision and Site Plan Review.
(b) 
The applicant shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control which shall include a rendering of the exterior of any new or reconstructed structure. Said plan shall be in accordance with the terms of this chapter and Chapter 126, Subdivision and Site Plan Review, and the laws, rules and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.
(c) 
Staging. The affordable house development may be developed in stages as outlined herein.
[1] 
Applications for final site plan approval shall be limited to a minimum of 25% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final stage is approved by the Planning Board, the second stage shall not be permitted for consideration by the Planning Board for a period of not less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of the preceding stage.
[2] 
Any conditions or approvals granted by the Planning Board shall be further conditioned and subject to a developer's agreement to be negotiated between the developer and the Borough Council.
(d) 
Off-tract improvement (if any) shall be governed by Chapter 126, Subdivision and Site Plan Review.
(e) 
Sequence of stages. In the deliberation of the proposed sequence of stages, the Planning Board 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 service, 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 affordable house 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 affordable house 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.
(6) 
Affordable housing regulations.
(a) 
At least 10% of the total number of units shall be made affordable and sold or rented to low-income persons, and at least 10% of the total number of units shall be made affordable and sold or rented to moderate-income persons.
[1] 
"Low income" is defined as having total gross household income equal to 50% or less of the median household income for households of the same size using the median income data for household size approved by the New Jersey Council on Affordable Housing for the region, which includes the Borough of Upper Saddle River.
[2] 
"Moderate income" is defined as having total gross household income between 50% and 80% of the median household income for households of the same size for the region which includes the Borough of Upper Saddle River, using the median income data for household size approved by the New Jersey Council on Affordable Housing.
[3] 
"Affordable" means a sales price or rent within the means of a low- or moderate-income household as defined by the New Jersey Council on Affordable Housing in N.J.A.C. 5:92-12.12(b) and (d). An owner sale price shall be determined such that the initial price of a low and moderate owner-occupied single-family housing unit shall be established so that, after a down payment of 10%, the monthly principal, interest, taxes, insurance and condominium fees do not exceed 28% of an eligible gross monthly income. Rental is computed at 30% of the gross monthly income, including utilities.
(b) 
In determining affordable rents and sale prices, the following criteria shall be used:
[1] 
Efficiency units shall be affordable to one-person households.
[2] 
One-bedroom units shall be affordable to two-person households.
[3] 
Two-bedroom units shall be affordable to three-person households.
[4] 
Three-bedroom units shall be affordable to five-person households.
[5] 
Four-bedroom units shall be affordable to seven-person households.
(c) 
Distribution of prices.
[1] 
The following distribution of prices shall be provided for in the Borough, as best as practical, for purchase, using for every 20 low- and moderate-income units:
[a] 
Low-income:
1 at 40% to 42.5%
3 at 42.6% to 47.5%
6 at 47.6% to 50%
[b] 
Moderate-income:
1 at 50.1% to 57.5%
1 at 57.6% to 64.5%
1 at 64.6% to 68.5%
1 at 68.6% to 72.5%
2 at 72.6% to 77.5%
4 at 77.6% to 80%
[2] 
However, for initial occupancy, priority shall be given to those low- and moderate-income households that fall within the median income categories delineated above.
[3] 
Average price of low- and moderate-income units within inclusionary development shall be, as best as practicable, affordable to households at 57.5% of the median income.
(d) 
At least 35% of all low- and moderate-income units shall be two-bedroom units; at least 15% of all low- and moderate-income units shall be three-bedroom units; and no more than 20% of all low- and moderate-income units may be efficiency units.
(e) 
At least 1/2 of all units devoted to low- and moderate-income households within inclusionary development shall be affordable to low-income households. At least 1/2 of all units in each bedroom distribution and 1/2 of all rental units shall be available for low-income households. To the best extent feasible, at least 1/2 of all rehabilitated units shall be for low-income households.
(f) 
Within the Borough of Upper Saddle River, up to 25% of the calculated fair share obligation, less any units transferred by way of a regional contribution, may be dedicated to age-restricted housing units and/or alternative living arrangements. The unit credit for alternative living arrangements shall be the bedroom. Therefore, if two or more people share a bedroom, the municipality shall receive credit for one unit against its fair share obligation.
(g) 
For all low- and moderate-income housing units provided in inclusionary development, not more than 50% of the initial occupancy shall be made available to income-eligible households that reside in the Borough of Upper Saddle River or work in the Borough of Upper Saddle River and reside elsewhere.
(h) 
Phasing schedule.
[1] 
A developer shall submit a phasing schedule for the construction of low- and moderate-income housing units, which shall be in accordance with the following schedule:
Minimum Percentage of Low- and Moderate-Income Units Completed
Percentage of Market Housing Units Completed
0
25
10
25 + 1
50
50
75
75
100
90
--
100
[2] 
The developer may construct the first 25% of the market units without constructing any affordable housing units. No certificates of occupancy shall be issued for any of the second 25% of the market units until 10% of the affordable units (of which half must be very-low-income) shall have been issued certificates of occupancy. No certificates of occupancy shall be issued for any of the third 25% of the market units until at least 50% of the affordable units (of which half must be very-low-income) have been issued certificates of occupancy. No certificates of occupancy shall be issued for any of the final 25% of the market units until at least 75% of the affordable units (of which half must be very-low-income) have been issued certificates of occupancy. Before the last 10% of the market units have been issued certificates of occupancy, 100% of the required affordable units shall have been issued certificates of occupancy.
[3] 
The affordable dwelling units shall be designated on the preliminary site plan and shall have compatible exteriors to the market units.
(i) 
Covenants and controls on sales and rentals.
[1] 
All affordable dwelling units shall be covered by covenant, with the Borough as a party beneficiary, to ensure that, in all initial sales and rentals and in all subsequent resales and rerentals, the units will continue to remain available and affordable to the low- and moderate-income households for which they were intended. The Council On Affordable Housing standard affordable housing agreement and second repayment mortgage, appended to the ordinance,[4] shall be used as the standard agreement between the Borough and potential buyer or renter. All such covenants shall be approved by the Borough Attorney.
[4]
Editor's Note: Said documents are on file in the Borough offices.
[2] 
The application for the issuance of a certificate of occupancy for any new designated affordable housing unit shall include certification by the Housing Officer to the Affordable Housing Board documenting the eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower income household.
[3] 
Prior to any resale or transfer of ownership or change of occupancy of a designated affordable housing unit, application shall be made for a new certificate of occupancy. The application for a certificate of occupancy shall include certification by the Housing Officer to the Affordable Housing Board documenting the continued eligibility of the unit and the qualification of the new purchaser and/or occupant as a lower income household.
[4] 
All requests for certification shall be made by the seller or owner in writing, and the Housing Officer shall grant or deny such certification within 30 days of the receipt of the request.
[5] 
The Borough shall develop reasonable administrative procedures for qualifying the occupants of affordable housing. Procedures shall be directed and administered by an Affordable Housing Board, appointed by the Mayor with the advice and consent of the Council, and a Housing Officer, appointed by the Mayor with the advice and consent of the Council. The Housing Officer may be a full- or part-time Borough employee or consultant, an outside agency or a housing authority.
[6] 
The restrictive covenant governing the deeds of low- and moderate-income units shall include an option permitting purchase of the affordable housing unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after controls on affordability have been in effect on the unit for the period specified in N.J.A.C. 5:92-12.1. The option to buy shall be available to the municipality, the Department of Community Affairs, the Agency or a qualified nonprofit as determined by the Council.
[7] 
All restrictive covenants governing low- and moderate-income units shall require the owner to notify the authority and the Council by certified mail of any intent to sell the unit 90 days after controls have been in effect on the housing unit for the period specified in N.J.A.C. 5:92-12.1. Upon receipt of such notice, the option to buy the unit at the maximum allowable restricted sales price shall be available for 90 days. The authority shall notify the municipality, the Department of Community Affairs, the Agency and the Council that the unit is for sale. If the municipality exercises this option, it may enter into a contract of sale. If the municipality fails to exercise this option within 90 days, the first of the other entities giving notice to the seller of its intent to purchase during the 90 days shall be entitled to purchase the unit. If the option to purchase the unit at the maximum allowable restricted sales price is not exercised by a written offer to purchase the housing unit within 90 days of receipt of the intent to sell, the owner may proceed to sell the housing unit. If the owner does not sell the unit within one year of the date of the delivery of notice of intent to sell, the option to buy the unit shall be restored, and the owner shall be required to submit a new notice of intent to sell 90 days prior to any future proposed date of sale.
[8] 
An eligible seller of a low- and moderate-income unit which has been controlled for the period established in N.J.A.C. 5:92-12.1, who has provided notice of an intent to sell, may proceed with the sale if no eligible entity as outlined in N.J.A.C. 5:92-12.3(c) and 5:92-12.6 exercises its option to purchase within 90 days.
[9] 
Subject to N.J.A.C. 5:92-12.8, the seller may elect to:
[a] 
Sell to a qualified low- and moderate-income household at the controlled unit sales price in accordance with existing Council rules, provided that the unit is regulated by the restrictive covenant and lien adopted by the Council for a period of up to 20 years; or
[b] 
Exercise the repayment option and sell to any purchaser at market prices, provided that 95% of the price differential is paid to the authority as an instrument of the municipality, at closing.
[10] 
If the sale will be to a qualified low- and moderate-income household, the authority shall certify the income qualifications of the purchaser and shall ensure that the housing unit is regulated by the restrictive covenant and lien required by the Council.
[11] 
The authority shall examine any control of sale containing a repayment option to determine if the proposed sales price bears a reasonable relationship to the housing unit's fair market value. In making this determination, the authority may rely on comparable sales data or an appraisal. The authority shall not approve a contract of sale where there is a determination that the sales price does not bear a reasonable relationship to fair market value. The authority shall make a determination within 20 days of receipt of the contract of sales and shall calculate the repayment option payment.
[12] 
The authority shall adopt an appeal procedure by which a seller may submit written documentation requesting the authority to recompute the repayment obligation if the seller believes an error has been made or to reconsider a determination that a sales price dos not bear a reasonable relationship to fair market value. A repayment obligation determination made as a result of an owner's appeal shall be a final administrative determination of the authority.
[13] 
The repayment shall occur at the date of closing and transfer of title for the first nonexempt transaction after the expiration of controls of affordability.
[14] 
Repayment proceeds shall be deposited in a trust account devoted solely to the creation, rehabilitation or maintenance of low- and moderate-income housing. Money deposited in trust accounts may not be expended until the municipality submits and the Council approves a repayment housing plan. The Council may approve the repayment housing plan if it determines that it provides a realistic opportunity for the creation, rehabilitation or maintenance of low- and moderate-income housing.
(j) 
The developer, in conjunction with the Affordable Housing Board, shall formulate and implement a written affirmative marketing plan acceptable to the Affordable Housing Board. The Borough of Upper Saddle River shall have the primary responsibility for developing and implementing an affirmative marketing program that addresses the occupancy preference requirement. The affirmative marketing plan shall be realistically designed to ensure that lower income persons of all races and ethnic groups are informed of the housing opportunities in the development and feel welcome to seek to buy or rent such housing. It shall include advertising and other outreach activities realistically designed to reach the low- and moderate-income families. The plan shall include advertisement in newspapers, periodicals and other advertising media.
(k) 
The Borough Council shall, at its discretion, provide by ordinance an Affordable Housing Board established to enforce the foregoing provisions with respect to initial sales and resales controls contained in these general regulations.
[1] 
Where the number of applicants exceed the number of low- and moderate-income units available, a procedure, in compliance with COAH's established policies, for random selection shall be established. The distribution of available units shall be consistent with the proportion of income categories as provided.
[2] 
All applicants for the purchase or rental of low- and moderate-income units shall meet the income qualifications established in this section at the time the application is filed and shall be qualified at the time of taking title or occupancy.
(l) 
In the event that a nonexempt sale of an owner affordable unit cannot be sold or rented, as applicable, within 90 days of notifying the Housing Officer of the availability of the unit, the Borough may purchase the unit pursuant to N.J.A.C. 5:92-12.7. If the Borough does not purchase the unit, the seller may apply to the Affordable Housing Board for relief. The application shall provide evidence of the seller's having undertaken an affirmative marketing effort, consistent with the affirmative marketing program approved by the Affordable Housing Board, to sell or rent the unit. Relief to the seller shall not include exempting the unit from the required low (moderate) or very low (low) income sales price or rent level, nor shall relief include exempting the unit from restrictions on appreciation allowable upon resale or restrictions on escalation allowable upon rerental. However, the Board may allow the seller to sell or rent the subject unit to a household whose income exceeds that otherwise required, provided that in no event shall an affordable housing unit be sold or rented to a household earning in excess of 80% of the applicable median income.
(m) 
Foreclosure.
[1] 
An action of foreclosure by a financial institution regulated by state and/or federal law shall extinguish controls on affordable housing units. Notice of foreclosure shall allow the Borough to purchase the affordable housing unit at a maximum permitted sales price.
[2] 
In the event of a foreclosure sale, the purchaser of the affordable housing unit shall be obligated to pay to the Municipal Housing Fund the difference between the maximum price permitted at time of foreclosure and the amount necessary to redeem the debt to the financial institution, with foreclosure costs.
[Added 8-4-2016 by Ord. No. 7-16]
A. 
Low- and moderate-income (Mount Laurel) housing requirements:
(1) 
Market-rate and minimum low- and moderate-income housing set aside. Twenty percent of the total number of units associated with the residential development of the AH-5 zoned site shall be set aside for low- and moderate-income households. As detailed in the settlement agreement by and between the parties referenced above, 186 market-rate units and 22 low- and moderate-income units shall be permitted on site, and 25 low- and moderate-income units shall be required to be developed off site, in accordance with the terms of the settlement agreement.
(2) 
Minimum low- and moderate-income housing units located on site and off site:
(a) 
The 22 on-site low- and moderate-income units required to be provided by the developer, as noted in § 150-19.2A(1) above, shall be distributed among the townhouse buildings proposed. No townhouse building shall have more than two low- and moderate-income units within its structure; such affordable units may be designed as one-over-one apartment flats within a townhouse configuration.
(b) 
The 25 low- and moderate-income units required to be provided by the developer that are located off site shall be developed concurrent with its associated townhouse development on Block 601, Lot 1. These 25 affordable off-site units shall be constructed on Block 1016, Lots 2, 3, 4, and 6, which is under the ownership of the Borough of Upper Saddle River, or other suitable site if made available for such development. The developer of the AH-5 Zone shall, pursuant to the aforementioned settlement agreement between the parties involved, make a monetary contribution as set forth in the settlement agreement towards the construction of a municipally sponsored project on Block 1016, Lots 2, 3, 4, and 6, or other suitable site if made available for such development. Such contribution shall be made no later than at the time of the applicant's receipt of the initial building permit for the construction of the first dwelling unit on site.
(c) 
All low- and moderate-income housing units shall be in conformance with the latest applicable rules for affordable housing as determined by the Council on Affordable Housing, the courts or other applicable authority, as determined appropriate, including such issues as phasing of building low- and moderate-income units in concert with market-rate units.
(3) 
Bedroom distribution of low- and moderate-income housing units. Subject to the most current applicable COAH or other rules, the bedroom distribution of low- and moderate-income units for affordable units constructed in the AH-5 Zone shall be as follows:
(a) 
No more than 20% of the low- and moderate-income units shall be one-bedroom units.
(b) 
At least 20% of the low- and moderate-income units shall be three-bedroom units.
(c) 
At least 30% of the low- and moderate-income units shall be two-bedroom units.
(4) 
Low- and moderate-income unit split. The distribution of inclusionary affordable units to be provided as part of this development shall be in accordance with those requirements as set forth by COAH or otherwise deemed appropriate by the court.
(5) 
Procedures regarding affirmative marketing of low- and moderate-income units and other requirements of inclusionary development units are subject to and determined by COAH rules or other rules determined appropriate by the court.
B. 
Landscaping.
(1) 
Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking areas, mitigate adverse visual impacts and provide windbreaks for winter winds and summer cooling for buildings, and enhance buffer areas. The impact of any proposed landscaping plan at various time intervals shall be considered. Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of 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., shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.
(2) 
Street trees and other plant material should be provided at the ends of parking bays. Landscaped islands should be at least six feet in width, where there are more than 10 parking spaces in a row.
(3) 
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.
(4) 
Parking rows longer than 20 parking spaces should have a six-foot-wide landscaped island to break the pavement.
(5) 
All areas that are not improved with buildings, structures and other man-made improvements shall be landscaped with trees, shrubs, ground cover, street furniture, sculpture or other design amenities.
(6) 
Shade trees should be a caliper of 2.5 to three inches with a canopy height of at least the minimum American Nursery and Landscape Association standards for this caliper.
(7) 
Ornamental trees shall be installed at a minimum size of six to eight feet in height.
(8) 
Shrubs shall be planted at a minimum size of 18 to 24 inches.
(9) 
All plant material shall meet the minimum latest American Nursery and Landscape Association standards.
(10) 
Buffer areas. Buffers located on the residential townhouse development shall comply with the following standards:
(a) 
Buffer planting shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, walls, evergreen and deciduous trees and shrubs, berms, boulders, mounds, or combinations thereof to achieve the stated objectives as approved by the Planning Board.
(b) 
Where required, buffers shall be measured from property lines and street rights-of-way. 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 and subdivision review. Buffer areas may overlap required setbacks.
(c) 
Within any required front yard buffer areas, sidewalks, underground linear utilities and site access drives shall only be permitted to cross said buffers, provided their placement is designed to minimize land disturbance within the buffer. Above- or belowground stormwater detention systems are not permitted within required frontage buffer areas.
(d) 
Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. Landscaped berms shall be incorporated to accentuate the screening qualities of the proposed landscaping. Berms shall be a minimum of two feet in height, and the minimum top width shall be four feet. The width of the buffer on site shall be a minimum of 20 feet along the common boundary with the proposed new R-1A Zone that is being created as part of the settlement agreement referenced above.
(e) 
The landscaping shall be designed to complement the berms and shall be designed to provide a screen along the majority of the buffer area. No less than 75% of the plants shall be evergreen trees. Planting shall be installed at a variety of sizes which conform to the following minimum sizes:
Shade trees
2 1/2 to 3 inch caliper
Evergreen trees
Vary from 7 to 8 feet (minimum) to 10 to 12 feet
Shrubs
18 to 24 inches
(f) 
Unless otherwise approved by the Board, evergreens shall be spaced five feet from external property lines and eight feet apart in a row. A minimum of two parallel rows of staggered plants shall be required between any residential and nonresidential use, provided the approving authority may permit a single row where deemed appropriate. More than one type of evergreen species shall be used. Where a fence is required, all plantings shall be placed along the outside perimeter of the fence, but not closer than five feet from the outside property line.
(g) 
No buildings, structures, accessory structures, parking, driveways, or storage of materials shall be permitted within the required buffer.
(h) 
Existing vegetation within the required transition buffer shall be preserved, as determined appropriate. It shall be supplemented with shade-tolerant naturalistic massed plantings where necessary to complete screening of adjoining land uses.
(i) 
Irrigation shall be provided for all buffer plantings and sodded lawn areas in a manner appropriate for the specific plant species. A growth guarantee of two growing seasons shall be provided and all dead or dying plants shall be replaced by the applicant, as required, to maintain the integrity of the site plan.
(11) 
Landscape plantings. A minimum of 30% of the plantings proposed shall be indigenous to the region.
(12) 
Foundation plantings. The landscape plan shall include foundation plantings that provide an attractive visual setting for the development. These plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the buildings. The foundation planting shall incorporate evergreen shrubs and groupings of small trees in order to provide human scale to building facades and winter interest.
(13) 
Landscaping of stormwater. Stormwater facilities and as required by the development in accordance with NJDEP best management plan requirements. Nonstructural facilities shall be considered in the design of the proposed stormwater system to the extent practical.
(14) 
Landscape plan content. A landscape plan prepared by a certified landscape architect, certified by the New Jersey State Board of Landscape Architects, or other qualified individual, shall be submitted with each major site plan or major subdivision application. In addition to the major site plan or subdivision submission requirements, the landscape plan shall include and identify the following information:
(a) 
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.
(b) 
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.
(c) 
Existing and proposed topography and location of all landscaped berms.
(d) 
Location, species and sizes of all proposed shade trees, ornamental trees, evergreen trees and shrubs and areas for lawns or any other ground cover. Different graphic symbols shall be used to show the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs and ground cover. The size of the symbol must be representative of the size of the plant shown to scale.
(e) 
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.
(f) 
Planting and construction details and specifications.
C. 
Lighting.
(1) 
All lighting fixtures and footcandle standards for parking areas and recreation facilities should be consistent with the standards outlined by the Illuminating Engineering Society of North America (IESNA) and regulations of the Borough of Upper Saddle River.
(2) 
A lighting plan prepared by a qualified individual shall be provided with site plan applications.
(3) 
The intensity, shielding, direction and reflecting of lighting shall be subject to site plan approval by the approving authority.
(4) 
All parking areas, walkways, building entrances, and driveways required for uses in this zone 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.
D. 
Sidewalks:
(1) 
In public rights-of-way. Sidewalks shall be required along adjoining public rights-of-way, as determined appropriate.
(2) 
Within a development's private internal road network. Sidewalks shall be required along one side of nonpublic internal roadways in the development, as determined appropriate, as part of an overall circulation plan providing safe pedestrian access.
(3) 
Application requirements.
(a) 
An applicant for development in the AH-5 Zone must submit a site plan indicating the manner in which the site is to be developed. Said plan shall include all the data required for site plan review, and clearly indicate the distribution of use and intensity of use of land within AH-5 Zone. This zone-wide approach to development in the AH-5 Zone is to ensure that the parcel is developed within the framework of a comprehensive, integrated design and not in a piecemeal fashion.
(b) 
The application shall contain, in addition to the site plan application checklist provisions, a report detailing the following:
[1] 
The total number of dwelling units by bedroom count and housing type. The density and intensity of use of the entire tract shall be noted.
[2] 
A traffic and circulation plan regarding vehicular and pedestrian movements, addressing the goals and policy statements set forth in the Borough Master Plan shall be provided. Such report shall address existing and projected vehicular peak hour movements, turning movements, and the need for improvements to enhance traffic safety and convenience in the area.
[3] 
A socioeconomic impact study shall be required. It will specifically address, at a minimum, the following: projected number of residents on site; projected number of school-age children; impact of the projected number of public school attendees from the development and their impact on the Borough school system.
[4] 
A proposed timing schedule in the case where construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the development prior to the completion of the development in its entirety.
[Amended 11-14-1985]
A. 
Permit required. Except for signs permitted in R-1 and R-2 Residence Districts as provided in § 150-21A, no person shall erect, alter, relocate, maintain or reconstruct, or cause to be erected, altered, relocated, maintained or reconstructed, any sign of any type or description unless it shall conform to the requirements of this chapter and until such person shall have applied for and secured a sign permit from the Building Inspector.
B. 
Subject of sign. Except as provided in § 150-11E, any sign advertising or announcing any business or other activity not pertinent to the lot on which such sign is located is prohibited.
[Amended 2-5-2004 by Ord. No. 3-04]
C. 
Motion. No sign shall be caused or permitted to rotate, flutter or otherwise move.
D. 
[1]Illumination. No sign shall be illuminated by lighting of intermittent or varying intensity nor by channel or open neon. No floodlights or spotlights shall be permitted to shine outside the property nor upon any roadways or driveways.
[Added 8-10-1994 by Ord. No. 14-94]
[1]
Editor's Note: Former Subsection D, Illumination, was repealed 3-9-1994 by Ord. No. 2-94.
E. 
Cloth or fabric signs. No cloth, paper, oilcloth, fabric or sheeting signs, banners or pennants of any kind shall be permitted outdoors. This subsection shall not be construed to eliminate the display of national or state flags.
F. 
Roof signs. No sign shall be mounted on any building roof, nor shall any wall sign be permitted to extend above the roof level.
G. 
Mobile signs. No vehicle or mobile sign shall be used to circumvent these regulations.
H. 
Nonconforming signs. No permit shall be issued to erect an exterior sign on property containing a nonconforming sign until such time as the nonconforming sign has been removed.
I. 
Removal of signs. When the owner or lessee of a sign vacates the premises upon which the sign is located, said sign must be removed. If the owner or lessee of said sign does not remove the sign, the owner of the building or property shall be held responsible for the removal of the sign.
J. 
Billboards prohibited. Except as provided in § 150-11E, billboards are prohibited.
[Amended 2-5-2004 by Ord. No. 3-04]
K. 
Exemptions. The flag, pennant or insignia of any nation, state, city or other governmental agency and municipal signs necessary to the public welfare of the Borough do not require a permit in order to be displayed.
L. 
Construction activity.
[Added 7-14-1993 by Ord. No. 10-93]
(1) 
One sign advertising or announcing any construction activity pertinent to the lot shall be permitted in all districts. The sign shall not exceed three feet by three feet and shall list only one business name or one sign not to exceed four feet by four feet, which shall list more than one and up to three names of contractors. The sign shall be professionally or neatly lettered and must be removed when the contractor or subcontractor is finished with the bulk of the work.
(2) 
The annual issuance of permits and fee to be paid will be in accordance with § 150-37B.
[Added 11-14-1985]
A. 
R-1 and R-2 Districts. The following provisions shall govern the placement of signs in the R-1 and R-2 Residence Districts:
[Amended 8-10-1994 by Ord. No. 14-94; 11-9-1994 by Ord. No. 17-94]
(1) 
One sign shall be permitted on any premises used for residential purposes. The total area of such sign shall not exceed 12 square feet, and the height thereof shall not extend six feet above the natural grade of the property.
(2) 
Only freestanding signs shall be permitted, and no sign shall be attached to a tree, pole, building or structure.
(3) 
No sign shall be placed, located or displayed closer than eight feet to any property line. Historic site plaques issued by the Upper Saddle River Historical Commission designating a historical site are exempt from the provisions of this chapter.
[Amended 11-12-2008 by Ord. No. 14-08]
(4) 
No sign shall be placed upon any roadway or public right-of-way.
(5) 
A sign shall be placed at a location so as not to obscure the line of sight at intersections or points of access to the premises being served or adjacent premises.
(6) 
No sign shall be, in whole or part, moving, mobile, flashing or revolving.
(7) 
No sign shall be illuminated externally by any light source, including but not limited to floodlights, illuminated signs or gas-filled tubes.
(8) 
No sign shall have more than three colors, inclusive of its background, frame and decorative parts. For the purpose of this chapter, black and white shall be considered colors.
(9) 
Any sign visible through a window on the interior of a premise and located within three feet of such window shall be considered a sign for the purpose of this chapter.
(10) 
The provisions and regulations of Subsection A(1) through (8) above shall not apply to the following signs, which may be placed on premises in addition to the sign permitted in Subsection A:
(a) 
A nonilluminated or indirectly illuminated nonflashing sign or signs identifying the residence, the resident or residents of the street address, or any combination thereof, and no such sign shall have an area of more than one square foot, nor shall the aggregate square footage of such signs, if there is more than one, exceed two square feet in area.
(b) 
Professional nameplates for premises containing an office as a lawful nonconforming use, which may in addition to the sign or signs permitted in Subsection A(10)(a) above, have one nonilluminated or indirectly illuminated nonflashing professional announcement sign with an area of not over one square foot.
(c) 
Customary warning, trespassing and posted signs or signs indicating the private nature of a driveway or property, provided that the size of any such sign shall not exceed one square foot.
(d) 
Flags of the United States, State of New Jersey or other governmental or quasipublic agencies, or decorative or seasonal flags.
(e) 
Holiday decorations and lights on residential premises.
B. 
H-1 and H-1R Districts. In the H-1 and H-1R Highway Commercial Districts, the following types and sizes of signs shall be permitted:
(1) 
Freestanding sign. A freestanding single-faced or double-faced sign shall not exceed 36 square feet on each face. The bottom of said sign shall be a minimum of 10 feet from the ground level. The top of said sign shall not exceed 20 feet in height from the ground level. The sign face shall not exceed 12 feet in width, eight feet in height and 18 inches in depth. No part of said sign shall be located closer than 35 feet to the front property line of the lot upon which it stands.
(2) 
Wall sign. A sign attached to a wall of a building shall not exceed in area 60 square feet or 5% of the area of the building wall to which said sign is attached, whichever is less. The face of said sign shall not exceed 25 feet in width nor four feet in height nor project more than one foot from the building wall. In addition to one wall sign as described above, a secondary wall sign may be permitted on a second wall; said secondary sign shall be an identical facsimile of the first and the aggregate area of the two signs shall not exceed 90 square feet.
(3) 
Entrance and exit signs. One double-faced or single-faced or freestanding sign shall be permitted at each entrance or exit driveway for the purpose of directing motorists safely into and out of the property. Said signs shall not exceed four square feet in area nor extend more than three feet above ground level. Such signs must have a reflective surface or low-voltage interior illumination; exterior illumination shall not be permitted. The content of each sign shall consist only of directional arrows and/or the word "in" or "entrance," "out" or "exit" with the sole addition of a one-word name or other identification; advertising messages or notices shall not be permitted on such signs. Said signs shall be located within the property line and on the far side of the driveway relative to direction of traffic flow.
(4) 
Window signs. No sign, temporary or otherwise, affixed to or suspended inside a window, alone or in combination with other signs, shall cover more than 20% of the window area.
(5) 
Real estate signs. A sign advertising commercial property for rent, sale or lease shall apply only to the premises on which the sign is located. No part of such sign shall be located closer than 35 feet to the front property line nor closer than 10 feet to either side property line. Said sign shall not exceed 36 square feet in area and must be removed upon sale, lease or rental of the property. No more than two such signs will be permitted on each lot.
(6) 
Service station signs. A gasoline station shall be permitted to have a special sign to announce the price of fuels. Said sign shall not exceed nine square feet and shall be located at the gas pump island but no higher than 10 feet above ground level. If illuminated, it shall be plastic-faced with interior lighting. One such sign may be permitted on each pump island.
(7) 
Number of signs. No property shall be permitted to have more signs than the total of the following: one freestanding sign as described in Subsection B(1), plus two wall signs as described in Subsection B(2), plus window signs as described in Subsection B(4), plus entrance and exit signs as described in Subsection B(3).
C. 
IP Industrial Park District. In the IP Industrial Park District, the following signs shall be permitted:
(1) 
One sign facing each street from which access to the lot is provided, announcing the name or insignia, or both, of the company housed in the development on the lot. The sign shall be applied to the wall of the building, and the aggregate area of all such signs shall not exceed one square foot for each two feet of building width and shall not exceed an area of 50 square feet on each street frontage, and such signs shall not extend beyond the wall in any direction.
(2) 
One identification sign at each point of access to the lot, with an area of not more than three square feet, and internal direction signs each with an area of not more than two square feet, shall also be permitted.
(3) 
A sign advertising commercial property for rent, sale or lease shall apply only to the premises on which the sign is located. No part of such sign shall be located closer than 35 feet to the front property line nor closer than 10 feet to either side property line. Said sign shall not exceed 36 square feet in area and must be removed upon sale, lease or rental of the property. No more than two such signs shall be permitted on each lot.[1]
[1]
Editor's Note: Original Subsection 14-5.4, Performance Standards, which immediately followed this section, was repealed 12-28-1976.
A. 
Whenever a nonresidential use is adjacent to the side or rear lot line of a lot in a residence district, there shall be planted along the lot line or buffer area, when required, evergreen trees or thick bushes or hedges of such type and spacing as required by the Planning Board, of an initial height of not less than four feet and ultimately adequate to screen all operations on the nonresidential lot. All required landscaping shall be properly maintained throughout the life of any use on any lot.
B. 
All lots in the H-1 and IP Districts which are adjacent to a rear or side lot line in or directly across the street from an R-1 or R-2 Residence District shall have buffer areas, which shall be a fully landscaped area without any building signs, parking or loading spaces or any other primary or accessory structure or use. The buffer areas shall have the following width along said lot lines:
Zone
Buffer Areas Along Front, Side and Rear Yards
(feet)
IP
100
H-1
10
[Amended 11-8-1979]
Notwithstanding the height limitations as specified in Article IV, the same shall not apply to the erection of church spires or belfries, cupolas, chimneys, flagpoles, radio or television antennas, active or hybrid solar energy systems which demonstrate energy conservation in a commercial or industrial zone, provided that in no event shall the height thereof exceed 50 feet measured from mean natural ground level.
[Amended 8-11-1983; 6-11-1987 by Ord. No. 7-87; 12-29-1994 by Ord. No. 18-94]
A. 
No more than one antenna shall be permitted on a lot, and such antenna shall be accessory to the principal permitted use on a lot.
B. 
The antenna shall be designed for use by the occupants of the main building, provided that in the AH zones, the antenna shall be designed for use by the occupants of the development.
C. 
A ground-mounted antenna shall be located in a rear or side yard only and shall be situated not less than 25 feet from any property line. Sufficient screening shall be installed so as to shield the antenna from neighboring properties, provided that in the event that the screening interferes with reception, such screening may be limited to the degree necessary to permit transmission to the antenna.
D. 
A building permit shall be required prior to the installation of any antenna.
[Amended 2-8-1973; 3-12-2003 by Ord. No. 5-03]
A. 
One commercial vehicle owned and used by a resident of the premises may be parked in the R-1 and R-2 Residence Districts only if not exceeding one-ton capacity and only if parked within a completely enclosed garage.
B. 
One boat or one house trailer, motor home, camper, camping vehicle or camping trailer (hereinafter collectively referred to as "vehicle") owned and used by the resident or residents of the premises may be parked in the R-1 and R-2 Residence Districts, provided that:
(1) 
Such boat or vehicle does not have an overall length in excess of 36 feet or exceed 102 inches in width.
(2) 
Such boat or vehicle is not resided in or occupied at any time while parked on the property.
(3) 
Such boat or vehicle is parked within the confines of a completely enclosed building; provided, however, that one such vehicle may be parked in the open under the following terms and conditions:
(a) 
At no time shall such boat or vehicle be parked or stored in the front of the dwelling or so as to infringe upon the minimum side yard and rear yard requirements as set forth in § 150-15.
(b) 
Any such boat or vehicle shall be stored behind the rear building line either behind the dwelling or effectively screened from the street or, in the case of corner lots, from both streets, by shrubs, bushes, evergreen trees, other natural screening or fencing.
C. 
Nothing herein contained shall prohibit a resident from permitting the temporary parking on the resident's property, either indoors or outside, of one house trailer, motor home, camper, camping vehicle or camping trailer belonging to a guest of such resident, provided that;
(1) 
Such vehicle does not have an overall length in excess of 36 feet,
(2) 
Such vehicle is not resided in or occupied at any time while parked on the property.
(3) 
The total number of days in each calendar year that any such vehicle may be parked does not exceed 15 days.
(4) 
A permit for such purpose is obtained from the Police Department.
A. 
The keeping of any unlicensed motor vehicle in any district for one month or more, unless the unlicensed motor vehicle is kept in a completely enclosed garage, is prohibited.
B. 
No commercial vehicle shall be parked overnight in any front yard in the Highway Commercial District or Industrial Park District.
C. 
No vehicles shall be parked overnight in gasoline stations within 35 feet of a street or highway right-of-way line.
D. 
Outside parking of buses is prohibited in the residence districts.
[Amended 2-8-1973]
E. 
No commercial equipment shall be parked or stored in the R-1 and R-2 Residential Districts except in the case where permitted work is actively in progress as determined by the Construction Code Official. "Actively in progress" shall be defined to mean a period no longer than five working days from the date the equipment was last utilized in conjunction with the work being performed on the premises, except for delays caused by inclement weather, strikes or similar emergencies. Such an emergency will extend the time period for 15 working days. A request for an extension of time shall be subject to the approval of the Construction Official.
[Added 10-12-1994 by Ord. No. 15-94]
No driveway shall provide access to a lot located in any district which is used for any use prohibited in the district in which the driveway is located.
Off-street loading berths, open or enclosed, are permitted accessory to any use except in the residence districts. However, no off-street loading berth shall be located in a front yard.
A. 
Schedule of requirements.
(1) 
Each use shall have sufficient accessory off-street parking spaces. The following are the minimum number of parking spaces required for various uses:
[Amended 8-9-1979]
Use
Minimum Number
of Required Spaces
Assembly hall; auditorium
1 for each 75 square feet of gross floor area or 1 for each 3 seats, whichever is greater
Bank
8 for each teller window
Bowling alley
5 for each alley
Church; house of worship
1 for each 3 seats or 1 for each 72 inches of seating space when benches rather than seats are used
Club
20, plus 1 additional for each 200 square feet of gross floor area
College
1 for every 2 students
Community centers
Same as auditoriums
Dwellings, single-family detached
2
School
1 for each teacher and employee plus 10%, plus 1 for every 2 pupils in the 12th grade
Funeral home, mortuary
25, plus 25 for each room devoted to slumber room, plus 1 for each employee
Hospital
1 for each bed, plus 1 for each employee
Industrial use
1 for each employee on maximum shift plus 20% or 1 for each 300 square feet of gross floor area
Manufacturing use
Same as industrial use
Motel and hotel
1 for each room, plus 1 for each employee on the maximum shift, plus the number of spaces required by this chapter for all accessory facilities
Multifamily and special needs housing
[Added 2-5-2015 by Ord. No. 1-15]
Per RSIS standards
Nursing home
1 for each 2 beds
Office, general and professional
1 for each 225 square feet of gross floor area, plus 1 for each professional if a professional office
Restaurant
1 for each 2 seats devoted to service, plus 1 for each employee on the maximum shift
Research laboratory
1 for each employee on the maximum shift plus 10% or 1 for each 250 square feet of gross floor area
Retail store; service business
1 for each 150 square feet of gross floor area
Shopping center
6 per 1,000 square feet of gross floor area
Skating rink
1 for each 120 square feet of rink area
Service station
10 minimum or 5 for each bay plus 1 for each employee on the maximum shift
Storage warehouse
1 for each employee on the maximum shift plus 20% or 1 for each 1,000 square feet of gross floor area devoted to warehousing
Theater
1 for each 3 seats, plus 1 for each employee on the maximum shift
Townhouse
[Added 10-1-1992 by Ord. No. 10-92]
2.5 per unit
Townhome:
[Added 10-1-1992 by Ord. No. 10-92]
Efficiency
1.5 per unit
One-bedroom
2.0 per unit
Two-bedroom
2.0 per unit
Three-bedroom
2.25 per unit
Wholesale store; motor vehicle establishment; furniture store
1 for each 300 square feet of gross floor area, plus 1 for each employee on the maximum shift
(2) 
Notwithstanding anything herein contained to the contrary, no building permit shall be issued for the erection of a new dwelling in the R-1 and R-2 Residence District unless provisions have been made for the construction on the same lot of at least one garage or carport containing at a minimum 400 square feet.
[Amended 4-13-1989 by Ord. No. 3-89[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection A(3), dealing with trees and shrubs.
B. 
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking other than a street. However, in the residence district, no required parking space shall be located closer to a street line than the minimum depth of front yard required by this chapter nor in any event within 10 feet of a party lot line, provided that in the AH-2 Zone, the minimum distance required from a lot line other than from a street line may be six feet.
[Amended 2-5-2015 by Ord. No. 1-15]
C. 
Size of spaces. Two hundred square feet, exclusive of drives or aisles giving access thereto, shall be considered the minimum space necessary for the parking of a motor vehicle; provided, however, that parking spaces in the Affordable Housing Districts may be 162 square feet, i.e., nine feet by 18 feet in dimension.[2]
[Amended 2-5-2015 by Ord. No. 1-15]
[2]
Editor's Note: Original Subsection d, Access, and Subsection e, Drainage and Surfacing, which immediately followed this subsection, were repealed 7-12-1984.
D. 
Combined spaces. Two or more business, commercial or industrial establishments may consolidate, connect, join or share a common parking area, provided that such facilities shall be equal to the sum total required for all participating establishments.
E. 
H-1 and H-1R Districts. In the Highway Commercial and Highway Retail and Commercial Districts, no parking space or access except entrances or exit drives shall be within 10 feet of a street line. Entrance or exit drives connecting the parking area and the street shall be permitted within the ten-foot strip.
[Amended 7-12-1984]
F. 
IP District. In the Industrial Park District, no parking area shall be permitted in the front yard area. In the rear yard and side yard areas, the parking area shall not be closer than 15 feet to any rear or side lot line, which fifteen-foot space shall be planted with evergreen trees or thick bushes or hedges of such type and spacing as required by the Planning Board.
G. 
Other provisions.
[Amended 8-9-1979]
(1) 
Any use which consists of a combination of the uses set forth in Subsection A shall have a minimum aggregate number of parking spaces equal to the sum of the minimums required for each component.
(2) 
For all buildings or uses not specifically delineated in Subsection A, the Planning Board, in connection with site plan approval, shall determine the minimum number of spaces required, applying as a standard the minimum set forth in Subsection A for the building or use most nearly similar to the proposed building or use.
(3) 
In a particular case, if an applicant for site plan approval can demonstrate that strict enforcement of the minimum parking requirements or the minimum parking stall sizes will cause hardship and that such minimums are not reasonably required for the contemplated use, the Planning Board may waive the strict enforcement of such minimums, provided that the parking stall size shall not be less than nine feet by 18 feet.
(4) 
If a use is not permitted in a zone by the requirements of this chapter, the fact that parking standards for such use may be prescribed herein shall not be construed as permitting such use, expressly or by implication.[3]
[3]
Editor's Note: Original Subsection 14-6.6, Loading Facilities, which immediately followed this subsection, was repealed 7-12-1984.
(5) 
AH-1, AH-2, AH-3, AH-4 and AH-2A (multifamily portion only) Affordable Housing Districts.
[Added 10-1-1992 by Ord. No. 10-92; amended 1-25-1993 by Ord. No. 14-92; 7-10-1996 by Ord. No. 18-96]
(a) 
There shall be no parking of any vehicle along internal roadways, cartways or driveways, except that individual unit driveways may be used for parking of vehicles.
(b) 
Minimum building setbacks from public roadways shall be 50 feet in the AH-1 and 40 feet in the AH-2 and 30 feet in the AH-3 and AH-4 Districts.
(c) 
Minimum building setbacks from private main access roadways shall be 25 feet.
(d) 
Circulation requirements. Paved roadway (cartway) and driveway widths shall be determined as follows:
[1] 
Public: must conform to Borough standards.
[2] 
Private [except as provided in § 150-29G(5)(d)]:
[a] 
Roadway, one-way: 15 feet.
[b] 
Roadway, two-way: 24 feet.
[c] 
Common driveway, one-way: 12 feet.
[d] 
Common driveway, two-way: 20 feet.
[e] 
Individual driveway, one-way (direct unit access): 10 feet.
(e) 
Construction of pavement of all public roadways shall conform to the Borough standards for public roads.
(f) 
Construction of paving of all driveways shall conform to the Borough standards for paving as contained in the Borough ordinances.
[Added 9-13-1990 by Ord. No. 18-90]
A. 
Unless a building permit has been issued, no berm shall be constructed without obtaining a permit therefor from the Construction Official.
B. 
Prior to obtaining a permit, an applicant shall be required to submit approval required by applicable law and in addition, engineering details to ensure adequate drainage as well as approval from the Northwest Bergen Regional Health Commission regarding location of the berm.
C. 
No berm shall be constructed in the Borough which is more than two feet above natural grade at all points; provided, however, that this height limitation shall not be applicable to any berm that is directly adjacent to a nonresidential zone.
D. 
A proposed berm shall be required to comply with regulations governing corner lots as set forth in § 150-19E(1) and (2).
E. 
No fence or wall shall be erected on a berm governed by this section.
F. 
A berm shall be landscaped on all sides with ground cover which shall require approval by the Construction Official and shall be maintained in a neat and clean manner on all sides by the property owner.
G. 
The toe of the slope of the berm shall be located at least six feet from the property line.
[Added 3-11-1998 by Ord. No. 8-98]
A. 
Purpose.
(1) 
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas.
(2) 
The goals of this section are to:
(a) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b) 
Encourage the location of towers in nonresidential areas.
(c) 
Minimize the total number of towers throughout the community.
(d) 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(e) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(f) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.
(g) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(h) 
Consider the public health and safety of communication towers.
(i) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(3) 
In furtherance of these goals, the Borough of Upper Saddle River shall give due consideration to the Borough of Upper Saddle River's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas approving sites for the location of towers and antennas.
B. 
Definitions. As used in this section, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
APPROVING AUTHORITY
The Planning Board or the Zoning Board of Adjustment of the Borough of Upper Saddle River.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
C. 
Applicability.
(1) 
New towers and antennas. All new towers or antennas in the Borough of Upper Saddle River shall be subject to these regulations, except as provided in Subsection C(2) through (4), inclusive.
(2) 
Amateur radio station operators/receive-only antennas. This section shall not govern the installation of any antenna owned and operated by an amateur radio operator and used exclusively for receive-only antenna and for private noncommercial purposes, which shall be regulated pursuant to § 150-24 of the Code of the Borough of Upper Saddle River.
(3) 
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be recruited to meet the requirements of this section, other than the requirements of Subsections D(6) and (7), absent any enlargement or structural modification or the addition or any structures, including additional antennas.
(4) 
AM array. For purposes of implementing this section, an array, consisting of one or more tower units and supporting ground system functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by rights.
D. 
General requirements.
(1) 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
[Amended 10-11-2000 by Ord. No. 12-00]
(2) 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of all existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Borough of Upper Saddle River or within one mile of the border thereof, including specific information about the ownership, location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Upper Saddle River; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4) 
Aesthetics. Towers and antennas shall meet the following requirements:
(a) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5) 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6) 
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7) 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Upper Saddle River concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8) 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Upper Saddle River irrespective of municipal and county jurisdictional boundaries.
(9) 
(Reserved)[1]
[1]
Editor's Note: Former § 150-29.2D(9), Nonessential services, was deleted 10-11-2000 by Ord. No. 12-00.
(10) 
Franchises. Owners and/or on operators or towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Upper Saddle River have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
(11) 
Public notice. For purposes of this section, any application required to be made to the Planning or Zoning Board shall require notice to be given pursuant to N.J.S.A. 40:55D-12.
[Amended 10-11-2000 by Ord. No. 12-00]
(12) 
Signs. No signs shall be allowed on an antenna or tower, except for safety signs.
(13) 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H.
(14) 
Multiple antenna/tower plan. The Borough of Upper Saddle River encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
E. 
Permitted uses. The following uses are specifically permitted:
[Amended 10-11-2000 by Ord. No. 12-00]
(1) 
Antennas or towers located in the following zones within the Borough of Upper Saddle River: H-1, H-1R and IP Zoning Districts, consistent with the Criteria in Subsection G of this section.
(2) 
Antennas on existing structures in the H-1, H-1R and IP Zoning Districts, which may be approved as an accessory use to a use permitted in such zones, provided that:
(a) 
The antenna does not extend more than the maximum building height for the zone wherein the structure is located and under the Borough's current height ordinance;
(b) 
The antenna complies with all applicable FCC and FAA regulations; and
(c) 
The antenna complies with all applicable building codes.
(3) 
Antennas on existing towers. An antenna which is attached to an existing tower in the H-1, H-1R and IP Zones may be approved by the Planning Board and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(a) 
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower.
(b) 
Height.
[1] 
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this chapter.
[2] 
The height change referred to in Subsection E(3)(a)[1] may only occur one time per communication tower.
[3] 
The additional height referred to in Subsection E(3)(a)[1] shall not require an additional distance separation as set forth in Subsection G. The tower's premodification height shall be used to calculate such distance separations.
(c) 
On-site location.
[1] 
A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
[2] 
After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
[3] 
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection G. The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection G.
(4) 
Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Upper Saddle River, provided that a license or lease authorizing such antenna or tower has been approved by the Borough of Upper Saddle River. Site plan approval shall not be required in connection with any such use.
[Added 12-11-2002 by Ord. No. 21-02]
F. 
(Reserved)[2]
[2]
Editor's Note: Former § 150-29.2F, Conditional uses, was repealed 10-11-2000 by Ord. No. 12-00.
G. 
Site plan application required for towers and antennas.
(1) 
Except as provided in § 150-29.2E(4) relating to antennas or towers located on property owned, leased or otherwise controlled by the Borough of Upper Saddle River, site plan approval shall be required for the construction of a tower or antenna. Site plan approval and other land use agency approvals shall not be required in connection with antennas or towers on Borough property.
[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]
(2) 
An applicant seeking site plan approval for a tower or antenna shall submit the following information:
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Table 1 of this subsection, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and antenna and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
(b) 
Legal description of the parent tract and leased parcel (if applicable).
(c) 
The setback distance between the proposed tower and antenna and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
(d) 
The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to Subsection G(4) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s) and antenna, if known.
(e) 
A landscape plan showing specific landscape materials.
(f) 
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(g) 
A description of compliance with the requirements of this section and all applicable federal, state or local laws.
(h) 
(Towers only.) A notarized statement by the applicant as to whether construction of a tower will accommodate collocation of additional antennas for future users.
(i) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(j) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k) 
A description of the feasible location(s) of future towers or antennas within the Borough of Upper Saddle River based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
(l) 
A visual study depicting where, within a three-mile radius, any portion of the proposed tower could be seen. If the application concerns an antenna on an existing structure, sign measurements to the point closest to the structure wherein a person standing at grade could first observe the antenna shall be provided for all four building elevations.
(m) 
A statement of intent on whether excess space will be leased and how much of the structure's basement or common internal area has been made available for the storage of equipment accessory to the antenna.
(3) 
Criteria for granting site plan approval for towers. In addition to any standards for consideration of site plan applications pursuant to, if required, Chapter 126, Subdivision and Site Plan Review, and Chapter 150, Zoning, of the Borough Code, the approving authority shall consider the following factors in determining whether to grant site plan approval, provided that the approving authority may waive or reduce the requirements of one or more of the following criteria if the approving authority determines that the goals of this section are better served thereby:
(a) 
Height of the proposed tower and antenna;
(b) 
Proximity of the tower/antenna to residential structures and residential district boundaries;
(c) 
Nature of uses on adjacent and nearby properties;
(d) 
Surrounding topography;
(e) 
Surrounding tree coverage and foliage;
(f) 
Design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) 
Proposed ingress and egress; and
(h) 
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection G(4) of this section.
(4) 
Availability of suitable existing towers, other structures or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval):
(a) 
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
(b) 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c) 
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d) 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f) 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g) 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to any wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(5) 
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the approving authority may reduce the standard setback requirements if the goals of this section would be better served thereby:
(a) 
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
(b) 
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(c) 
No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.
(d) 
Towers shall not exceed 150 feet in height.
[Amended 10-11-2000 by Ord. No. 12-00]
(6) 
Separation. The following separation requirements shall apply to all towers and antennas for which site plan approval is required; provided, however, that the approving authority may reduce the standard separation requirements if the goals of this section would be better served thereby:
[Amended 10-11-2000 by Ord. No. 12-00]
(a) 
Separation from off-site uses/designated areas.
[1] 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[2] 
Separation requirements for towers shall comply with the minimum standards established in Table 1.
TABLE 1
Off-Site Use/Designated Area
Separation Distance
Residential, schools or houses of worship*
200 feet or 300% height of tower, whichever is greater
Vacant single-family residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired
200 feet or 300% height of tower, whichever is greater
Vacant unplatted residentially zoned lands**
200 feet or 300% height of tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses
None; only setbacks apply
NOTES:
* Including nursing homes and other similar uses wherein people are housed or receive care at least eight hours per day.
** Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.
(b) 
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2
Lattice
(linear feet)
Guyed
(linear feet)
Monopole 50 feet in Height
(linear feet)
Monopole Less Than 50 Feet in Height
(linear feet)
Lattice
5,000
5,000
1,500
1,000
Guyed
5,000
5,000
1,500
1,000
Monopole 50 feet in height
1,500
1,500
1,500
1,000
Monopole less than 50 feet
1,000
1,000
1,000
1,000
(7) 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
(8) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.
(a) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
H. 
Buildings or other equipment storage.
(1) 
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a) 
The cabinet or structure shall not contain more than 360 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]
(b) 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c) 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2) 
Antennas mounted on utility poles, light poles or towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(a) 
In a front or side yard, provided that the cabinet or structure is not greater than six feet in height or 360 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.
[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]
(b) 
In a rear yard, provided that the cabinet or structures no greater than eight feet in height or 360 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.
[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]
(c) 
In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.
(d) 
Emergency generators shall be located below grade and suitably soundproofed so that noise volume measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed.
(3) 
Equipment storage in a structure's basement. Where an applicant proposes to store equipment, structures or cabinets required to operate an antenna within the confines of the structure wherein the antenna is to be located, the applicant need only make application for a building permit for this use, which shall be granted so long as in conformance with all construction codes. The applicant must indicate, to the approving authority, why this option is not available from a construction standpoint.
I. 
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Upper Saddle River notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Borough may condition the issuance of any permit to construct, demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost (as determined by the approving authority) of such removal, grading and restoration to a state required under all applicable Borough ordinances, including but not limited to the Borough Property Maintenance Code.[3]
[3]
Editor's Note: See Ch. 102, Property Maintenance.
J. 
Existing towers.
(1) 
Rebuilding damaged or destroyed nonconformity towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain site plan approval and shall be required to meet the separation requirements specified in Subsection G, Table 1. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection I.
[Amended 10-11-2000 by Ord. No. 12-00]