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.
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 four feet or less in height or stone walls four 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 four 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.
[Amended 11-7-2019 by Ord. No. 10-19]
(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]
(f)
Unless specified in another section of the Borough Code, all fences
shall not be permitted to be installed closer than 18 inches of the
property line, unless the property abuts an area or wooded lot where
there is no chance of a pool or pool fence being permitted (for example
green acres, wetlands, etc.), as determined by the Zoning Official.
[Added 5-4-2023 by Ord. No. 4-23]
(g)
All pool fences must be installed in accordance with the Uniform
Construction Code and the current International Swimming Pool and
Spa Code (ISPSC).
[Added 5-4-2023 by Ord. No. 4-23]
(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]
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.
L.
Special accessory uses.
[Added 7-2-2020 by Ord. No. 4-20]
(1)
Sports courts shall only be permitted as accessory uses subject to
the following conditions:
(a)
Only one sports court shall be located in an R-1 and R-2 Residence
District.
(b)
The sports court, if allowed, shall be located on a lot on which
there exists at the time of construction a permitted principal use.
(c)
No sports court shall be located within the front yard or forward
of the front building setback line as prescribed by this subsection.
In addition, the sports court shall be set back a minimum distance
of 10 feet from the rear and side lot lines.
[Amended 12-3-2020 by Ord. No. 9-20]
(d)
No sports court shall be located on a lot exhibiting an area
of less than 37,500 square feet.
(e)
Any fence constructed around the perimeter of the sports court
shall not exceed eight feet, notwithstanding any ordinance to the
contrary.
(f)
The sports court and fencing shall be screened by use of plantings
so as to obscure the view of the same from any street or adjacent
property. Said plantings shall be comprised of evergreens, a minimum
of six feet tall.
(g)
Sports courts within a residential zone shall not be used for
commercial purposes.
(2)
Lighting shall be permitted only under certain conditions as follows:
(a)
Lighting fixtures must be a minimum of 25 feet from the rear
and side lot lines. No lighting shall be permitted in any front yard.
(b)
At all times the lighting intensity at the property lines shall
be a maximum of 0.15 foot-candle. This measurement shall be conducted
in accordance with generally accepted engineering standards, and the
measurement shall include and be the sum of the combined illumination
of the sports court lighting, other lighting on the property and lighting
from any natural light sources.
(c)
Lighting on sports courts shall not be permitted after 10:00
p.m. (except on Friday and Saturday evenings, when lighting will be
permitted until 11:00 p.m.).
(d)
Fixtures shall be of a type and shall be mounted and shielded
in such a manner as to prevent the light source from being visible
off the property. Such lighting shall further be of a type and located
and positioned in such a manner as not to illuminate adjacent properties.
(e)
The mounting height of lighting fixtures shall not exceed 15
feet.
(3)
Permit required. No sports court shall be constructed prior to the
issuance of a building permit, and where applicable an electrical
permit, from the Construction Official and Zoning Officer of the Borough
of Upper Saddle River.
[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]
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.
(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]
(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.
(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:
[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:
(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.
[Added 12-3-2020 by Ord. No. 11-20]
A.
Affordable housing requirements.
(1)
All development constructed in accordance with the OL-1 Zone
standards shall be required to provide a minimum affordable housing
set-aside of 20%, regardless of whether units are for sale or for
rent. When calculating the required number of affordable units, any
computation resulting in a fraction of a unit shall be rounded upwards
to the next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with Chapter 63, Housing, Affordable, of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the court, including a judgment of compliance and repose order. These requirements include, but are not limited to, the following:
(a)
Low-/moderate-income split. A maximum of 50% of the affordable
units shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all restricted rental
units shall be very-low-income units, which shall be counted as part
of the required number of low-income units within the development.
(b)
Bedroom distribution. The following bedroom mix shall apply
to affordable units:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two
and three-bedroom units at the discretion of the developer.
(c)
Deed-restriction period. All affordable units shall be deed
restricted for a period of at least 30 years from the date of the
initial occupancy of each affordable unit (the "deed-restriction period").
The affordability controls shall expire only after they are properly
released by the Borough and/or the Borough's Administrative Agent
at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11
for rental units or N.J.A.C. 5:80-26.5 regulating for-sale units.
(d)
Administrative Agent. All affordable units shall be administered
by a qualified Administrative Agent paid for by the developer, which
may or may not be the Borough's Administrative Agent.
(e)
Other affordable housing unit requirements.
[1]
Developers shall also comply with all of the other requirements of Chapter 63, Housing, Affordable, of the Borough Code including, but not limited to, provisions for:
[2]
In any case where more than one principal building
is developed, the affordable units shall be dispersed between all
of the buildings on-site. The exact locations and dimensions for each
affordable unit shall be specified at the time of site plan application.
B.
Design requirements.
(1)
Building design.
(a)
Architectural design shall be compatible and consistent with
existing development in the Borough of Upper Saddle River.
(b)
Buildings with expansive blank walls are prohibited.
(c)
Side and rear building elevations shall receive architectural
treatments comparable to front building facades.
(d)
Each facade shall be designed to have a delineated floor line
between the first level and upper floors.
(e)
Each building facade facing a public right-of-way shall have
elements of vertical articulation no greater than 50 feet apart, minimally
one foot deep. Such features may project a maximum of 18 inches into
any required yard setback having a width not to exceed 10 feet.
(f)
Balconies above the first floor are encouraged and may extend
a maximum of four feet into any required yard setback.
(g)
Flat roof areas not occupied by appurtenances or amenity space
shall be constructed as a "cool roof" with solar reflectivity of 50%
or greater as certified by the Cool Roof Rating Council.
(h)
Fire escapes are prohibited on front building facades, except
where required by the Borough Fire Official.
(i)
Primary building entrances for multifamily uses shall be oriented
facing a public right-of-way. Secondary side and rear entrances may
also be provided.
(2)
Parking.
(a)
Off-street parking shall be prohibited in required front yards.
(b)
Surface parking outside of the principal building footprint
shall have year-round screening with landscaping of minimally three
feet in height where visible from the public right-of-way.
(c)
Parking areas within the principal building footprint shall
have screening and architectural treatment consistent with the front
building facade on all sides.
(3)
Trash and recycling. Trash and recycling shall be stored in
a designated location within the principal building or enclosed accessory
structure. Dumpster enclosures shall be prohibited in front yards
and shall be screened with minimally six-foot-high solid fencing and/or
walls with materials and colors that are consistent with the principal
building.
(4)
Equipment.
(a)
All roof-mounted equipment such as HVAC, air conditioning and
ventilation units shall be screened from public view and located at
least 10 feet from external building walls.
(b)
Any ground-mounted equipment shall be enclosed with solid fencing
and/or landscaping of at least the height of the equipment to provide
year-round screening. All equipment shall be prohibited in the front
yard except as may be required by a utility.
(5)
Landscaping.
(a)
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
from winter winds and summer cooling subject to review and approval
by the Borough.
(b)
A landscape plan shall be prepared by a licensed professional,
including a mix of ornamental, shade and/or evergreen trees, shrubs,
perennials, grasses, perennials and/or annuals subject to the review
and approval of the Borough.
(c)
Foundation plantings and landscape beds shall be installed around
the principal building.
(d)
Shade trees shall be installed at regular intervals in the front
yard with a maximum spacing of 50 feet on center to function as street
trees.
(e)
Parking rows longer than 15 parking spaces shall be divided
by a landscape island not less than six feet in width with a shade
tree installed.
(f)
Native and deer-resistant plant species are encouraged, where
appropriate.
(g)
Trees shall be installed with a minimum caliper of 2.5 to three
inches.
(h)
A minimum twenty-foot-wide landscape buffer area shall be provided
along lot lines where the site abuts residential development. No buildings,
structures, accessory structures, parking, driveways or storage shall
be permitted in a required buffer area.
(6)
Lighting.
(a)
Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.
(b)
Lighting shall include shielding to minimize glare from surrounding
residential uses and public rights-of-way and to minimize sky glow.
(c)
Exterior site lighting shall not exceed a lighting intensity
or color temperature of 3,500 Kelvin (K).
(7)
Signs.
(a)
Development in the OL-1 Zone shall be permitted to have one
freestanding sign not to exceed 30 square feet, inclusive of any supporting
sign or based components not to exceed a maximum height of four feet.
Such sign may be illuminated and shall have landscape plants installed
around the sign base or supports.
(8)
Other provisions. Except as noted above, development in the OL-1 Zone shall comply with all other Borough zoning, site plan and subdivision regulations as provided in Chapters 150 and 126 of the Borough Code. In any instances where the requirements of this section are in conflict with another provision of the Borough Code, the requirements of this section shall supersede.
[Added 12-3-2020 by Ord. No. 12-20]
A.
Affordable housing requirements.
(1)
All development constructed in accordance with the OL-2 Zone
standards shall be required to provide a minimum affordable housing
set-aside of 20%, regardless of whether units are for sale or for
rent. When calculating the required number of affordable units, any
computation resulting in a fraction of a unit shall be rounded upwards
to the next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with Chapter 63, Housing, Affordable, of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the court, including a judgment of compliance and repose order. These requirements include, but are not limited to, the following:
(a)
Low-/moderate-income split. A maximum of 50% of the affordable
units shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all restricted rental
units shall be very-low-income units, which shall be counted as part
of the required number of low-income units within the development.
(b)
Bedroom distribution. The following bedroom mix shall apply
to affordable units:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two
and three-bedroom units at the discretion of the developer.
(c)
Deed-restriction period. All affordable units shall be deed
restricted for a period of at least 30 years from the date of the
initial occupancy of each affordable unit (the "deed-restriction period").
The affordability controls shall expire only after they are properly
released by the Borough and/or the Borough's Administrative Agent
at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11
for rental units or N.J.A.C. 5:80-26.5 regulating for-sale units.
(d)
Administrative Agent. All affordable units shall be administered
by a qualified Administrative Agent paid for by the developer, which
may or may not be the Borough's Administrative Agent.
(e)
Other affordable housing unit requirements.
[1]
Developers shall also comply with all of the other requirements of Chapter 63, Housing, Affordable, of the Borough Code, including, but not limited to, provisions for:
[2]
In any case where more than one principal building
is developed, the affordable units shall be dispersed between all
of the buildings on site. The exact locations and dimensions for each
affordable unit shall be specified at the time of site plan application.
B.
Design requirements.
(1)
Building design.
(a)
Architectural design shall be compatible and consistent with
existing development in the Borough of Upper Saddle River.
(b)
Buildings with expansive blank walls are prohibited.
(c)
Side and rear building elevations shall receive architectural
treatments comparable to front building facades.
(d)
Each facade shall be designed to have a delineated floor line
between the first level and upper floors.
(e)
Each building facade facing a public right-of-way shall have
elements of vertical articulation no greater than 50 feet apart, minimally
one foot deep. Such features may project a maximum of 18 inches into
any required yard setback having a width not to exceed 10 feet.
(f)
Balconies above the first floor are encouraged and may extend
a maximum of four feet into any required yard setback.
(g)
Flat roof areas not occupied by appurtenances or amenity space
shall be constructed as a cool roof with solar reflectivity of 50%
or greater as certified by the Cool Roof Rating Council.
(h)
Fire escapes are prohibited on front building facades, except
where required by the Borough Fire Official.
(i)
Primary building entrances for multifamily uses shall be oriented
facing a public right-of-way. Secondary side and rear entrances may
also be provided.
(2)
Parking.
(a)
Off-street parking shall be prohibited in required front yards.
(b)
Surface parking outside of the principal building footprint
shall have year-round screening with landscaping of minimally three
feet in height where visible from the public right-of-way.
(c)
Parking areas within the principal building footprint shall
have screening and architectural treatment consistent with the front
building facade on all sides.
(3)
Trash and recycling. Trash and recycling shall be stored in
a designated location within the principal building or enclosed accessory
structure. Dumpster enclosures shall be prohibited in front yards
and shall be screened with minimally six-foot-high solid fencing and/or
walls with materials and colors that are consistent with the principal
building.
(4)
Equipment.
(a)
All roof-mounted equipment such as HVAC, air conditioning and
ventilation units shall be screened from public view and located at
least 10 feet from external building walls.
(b)
Any ground-mounted equipment shall be enclosed with solid fencing
and/or landscaping of at least the height of the equipment to provide
year-round screening. All equipment shall be prohibited in the front
yard except as may be required by a utility.
(5)
Landscaping.
(a)
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
from winter winds and summer cooling subject to review and approval
by the Borough.
(b)
A landscape plan shall be prepared by a licensed professional,
including a mix of ornamental, shade and/or evergreen trees, shrubs,
perennials, grasses, perennials and/or annuals subject to the review
and approval of the Borough.
(c)
Foundation plantings and landscape beds shall be installed around
the principal building.
(d)
Shade trees shall be installed at regular intervals in the front
yard with a maximum spacing of 50 feet on center to function as street
trees.
(e)
Parking rows longer than 15 parking spaces shall be divided
by a landscape island not less than six feet in width with a shade
tree installed.
(f)
Native and deer-resistant plant species are encouraged, where
appropriate.
(g)
Trees shall be installed with a minimum caliper of 2.5 to three
inches.
(h)
A minimum twenty-foot-wide landscape buffer area shall be provided
along lot lines where the site abuts residential development. No buildings,
structures, accessory structures, parking, driveways or storage shall
be permitted in a required buffer area.
(6)
Lighting.
(a)
Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.
(b)
Lighting shall include shielding to minimize glare from surrounding
residential uses and public rights-of-way and to minimize sky glow.
(c)
Exterior site lighting shall not exceed a lighting intensity
or color temperature of 3,500 Kelvin (K).
(7)
Signs.
(a)
Development in the OL-2 Zone shall be permitted to have one
freestanding sign not to exceed 30 square feet, inclusive of any supporting
sign or based components not to exceed a maximum height of four feet.
Such sign may be illuminated and shall have landscape plants installed
around the sign base or supports.
(8)
Other provisions. Except as noted above, development in the OL-2 Zone shall comply with all other Borough zoning, site plan and subdivision regulations as provided in Chapters 150 and 126 of the Borough Code. In any instances where the requirements of this section are in conflict with another provision of the Borough Code, the requirements of this section shall supersede.
[Added 12-3-2020 by Ord. No. 13-20]
A.
Affordable housing requirements.
(1)
All development constructed in accordance with the OL-3 Zone
standards shall be required to provide a minimum affordable housing
set-aside of 20%, regardless of whether units are for sale or for
rent. When calculating the required number of affordable units, any
computation resulting in a fraction of a unit shall be rounded upwards
to the next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with Chapter 63, Housing, Affordable, of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the court, including a judgment of compliance and repose order. These requirements include, but are not limited to, the following:
(a)
Low-/moderate-income split. A maximum of 50% of the affordable
units shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all restricted rental
units shall be very-low-income units, which shall be counted as part
of the required number of low-income units within the development.
(b)
Bedroom distribution. The following bedroom mix shall apply
to affordable units:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
(c)
Deed-restriction period. All affordable units shall be deed
restricted for a period of at least 30 years from the date of the
initial occupancy of each affordable unit (the "deed-restriction period").
The affordability controls shall expire only after they are properly
released by the Borough and/or the Borough's Administrative Agent
at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11
for rental units or N.J.A.C. 5:80-26.5 regulating for-sale units.
(d)
Administrative Agent. All affordable units shall be administered
by a qualified Administrative Agent paid for by the developer, which
may or may not be the Borough's Administrative Agent.
(e)
Other affordable housing unit requirements.
[1]
Developers shall also comply with all of the other requirements of Chapter 63, Housing, Affordable, of the Borough Code including, but not limited to, provisions for:
[2]
In any case where more than one principal building
is developed, the affordable units shall be dispersed between all
of the buildings on-site. The exact locations and dimensions for each
affordable unit shall be specified at the time of site plan application.
B.
Design requirements.
(1)
Building design.
(a)
Architectural design shall be compatible and consistent with
existing development in the Borough of Upper Saddle River.
(b)
Buildings with expansive blank walls are prohibited.
(c)
Side and rear building elevations shall receive architectural
treatments comparable to front building facades.
(d)
Each facade shall be designed to have a delineated floor line
between the first level and upper floors.
(e)
Each building facade facing a public right-of-way shall have
elements of vertical articulation no greater than 50 feet apart, minimally
one foot deep. Such features may project a maximum of 18 inches into
any required yard setback having a width not to exceed 10 feet.
(f)
Balconies above the first floor are encouraged and may extend
a maximum of four feet into any required yard setback.
(g)
Flat roof areas not occupied by appurtenances or amenity space
shall be constructed as a cool roof with solar reflectivity of 50%
or greater as certified by the Cool Roof Rating Council.
(h)
Fire escapes are prohibited on front building facades, except
where required by the Borough Fire Official.
(i)
Primary building entrances for multifamily uses shall be oriented
facing a public right-of-way. Secondary side and rear entrances may
also be provided.
(2)
Parking.
(a)
Off-street parking shall be prohibited in required front yards.
(b)
Surface parking outside of the principal building footprint
shall have year-round screening with landscaping of minimally three
feet in height where visible from the public right-of-way.
(c)
Parking areas within the principal building footprint shall
have screening and architectural treatment consistent with the front
building facade on all sides.
(3)
Trash and recycling. Trash and recycling shall be stored in
a designated location within the principal building or enclosed accessory
structure. Dumpster enclosures shall be prohibited in front yards
and shall be screened with minimally six-foot-high solid fencing and/or
walls with materials and colors that are consistent with the principal
building.
(4)
Equipment.
(a)
All roof-mounted equipment such as HVAC, air conditioning and
ventilation units shall be screened from public view and located at
least 10 feet from external building walls.
(b)
Any ground-mounted equipment shall be enclosed with solid fencing
and/or landscaping of at least the height of the equipment to provide
year-round screening. All equipment shall be prohibited in the front
yard except as may be required by a utility.
(5)
Landscaping.
(a)
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
from winter winds and summer cooling subject to review and approval
by the Borough.
(b)
A landscape plan shall be prepared by a licensed professional,
including a mix of ornamental, shade and/or evergreen trees, shrubs,
perennials, grasses, perennials and/or annuals subject to the review
and approval of the Borough.
(c)
Foundation plantings and landscape beds shall be installed around
the principal building.
(d)
Shade trees shall be installed at regular intervals in the front
yard with a maximum spacing of 50 feet on center to function as street
trees.
(e)
Parking rows longer than 15 parking spaces shall be divided
by a landscape island not less than six feet in width with a shade
tree installed.
(f)
Native and deer-resistant plant species are encouraged, where
appropriate.
(g)
Trees shall be installed with a minimum caliper of 2.5 to three
inches.
(h)
A minimum twenty-foot-wide landscape buffer area shall be provided
along lot lines where the site abuts residential development. No buildings,
structures, accessory structures, parking, driveways or storage shall
be permitted in a required buffer area.
(6)
Lighting.
(a)
Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.
(b)
Lighting shall include shielding to minimize glare from surrounding
residential uses and public rights-of-way and to minimize sky glow.
(c)
Exterior site lighting shall not exceed a lighting intensity
or color temperature of 3,500 Kelvin (K).
(7)
Signs.
(a)
Development in the OL-3 Zone shall be permitted to have one
freestanding sign not to exceed 30 square feet, inclusive of any supporting
sign or based components not to exceed a maximum height of four feet.
Such sign may be illuminated and shall have landscape plants installed
around the sign base or supports.
(8)
Other provisions. Except as noted above, development in the OL-3 Zone shall comply with all other Borough zoning, site plan and subdivision regulations as provided in Chapters 150 and 126 of the Borough Code. In any instances where the requirements of this section are in conflict with another provision of the Borough Code, the requirements of this section shall supersede.
[Added 12-3-2020 by Ord. No. 14-20]
A.
Affordable housing requirements.
(1)
All development constructed in accordance with the OL-4 Zone
standards shall be required to provide a minimum affordable housing
set-aside of 20%, regardless of whether units are for sale or for
rent. When calculating the required number of affordable units, any
computation resulting in a fraction of a unit shall be rounded upwards
to the next whole number.
(2)
All affordable units to be produced pursuant to this section shall comply with Chapter 63, Housing, Affordable, of the Borough Code, as may be amended and supplemented, the Uniform Housing Affordability Controls ("UHAC") (N.J.A.C. 5:80-26.1 et seq.) or any successor regulation, the Borough's Housing Element and Fair Share Plan, as may be amended from time to time, and any applicable order of the court, including a judgment of compliance and repose order. These requirements include, but are not limited to, the following:
(a)
Low-/moderate-income split. A maximum of 50% of the affordable
units shall be moderate-income units and a minimum of 50% of the affordable
units shall be low-income units. At least 13% of all restricted rental
units shall be very-low-income units, which shall be counted as part
of the required number of low-income units within the development.
(b)
Bedroom distribution. The following bedroom mix shall apply
to affordable units:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two
and three-bedroom units at the discretion of the developer.
(c)
Deed-restriction period. All affordable units shall be deed
restricted for a period of at least 30 years from the date of the
initial occupancy of each affordable unit (the "deed-restriction period").
The affordability controls shall expire only after they are properly
released by the Borough and/or the Borough's Administrative Agent
at the Borough's sole option in accordance with N.J.A.C. 5:80-26.11
for rental units or N.J.A.C. 5:80-26.5 regulating for-sale units.
(d)
Administrative Agent. All affordable units shall be administered
by a qualified Administrative Agent paid for by the developer, which
may or may not be the Borough's Administrative Agent.
(e)
Other affordable housing unit requirements.
[1]
Developers shall also comply with all of the other requirements of Chapter 63, Housing, Affordable, of the Borough Code including, but not limited to, provisions for:
[2]
In any case where more than one principal building
is developed, the affordable units shall be dispersed between all
of the buildings on-site. The exact locations and dimensions for each
affordable unit shall be specified at the time of site plan application.
B.
Design requirements.
(1)
Building design.
(a)
Architectural design shall be compatible and consistent with
existing development in the Borough of Upper Saddle River.
(b)
Buildings with expansive blank walls are prohibited.
(c)
Side and rear building elevations shall receive architectural
treatments comparable to front building facades.
(d)
Each facade shall be designed to have a delineated floor line
between the first level and upper floors.
(e)
Each building facade facing a public right-of-way shall have
elements of vertical articulation no greater than 50 feet apart, minimally
one foot deep. Such features may project a maximum of 18 inches into
any required yard setback having a width not to exceed 10 feet.
(f)
Balconies above the first floor are encouraged and may extend
a maximum of four feet into any required yard setback.
(g)
Flat roof areas not occupied by appurtenances or amenity space
shall be constructed as a cool roof with solar reflectivity of 50%
or greater as certified by the Cool Roof Rating Council.
(h)
Fire escapes are prohibited on front building facades, except
where required by the Borough Fire Official.
(i)
Primary building entrances for multifamily uses shall be oriented
facing a public right-of-way. Secondary side and rear entrances may
also be provided.
(2)
Parking.
(a)
Off-street parking shall be prohibited in required front yards.
(b)
Surface parking outside of the principal building footprint
shall have year-round screening with landscaping of minimally three
feet in height where visible from the public right-of-way.
(c)
Parking areas within the principal building footprint shall
have screening and architectural treatment consistent with the front
building facade on all sides.
(3)
Trash and recycling. Trash and recycling shall be stored in
a designated location within the principal building or enclosed accessory
structure. Dumpster enclosures shall be prohibited in front yards
and shall be screened with minimally six-foot-high solid fencing and/or
walls with materials and colors that are consistent with the principal
building.
(4)
Equipment.
(a)
All roof-mounted equipment such as HVAC, air conditioning and
ventilation units shall be screened from public view and located at
least 10 feet from external building walls.
(b)
Any ground-mounted equipment shall be enclosed with solid fencing
and/or landscaping of at least the height of the equipment to provide
year-round screening. All equipment shall be prohibited in the front
yard except as may be required by a utility.
(5)
Landscaping.
(a)
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
from winter winds and summer cooling subject to review and approval
by the Borough.
(b)
A landscape plan shall be prepared by a licensed professional,
including a mix of ornamental, shade and/or evergreen trees, shrubs,
perennials, grasses, perennials and/or annuals subject to the review
and approval of the Borough.
(c)
Foundation plantings and landscape beds shall be installed around
the principal building.
(d)
Shade trees shall be installed at regular intervals in the front
yard with a maximum spacing of 50 feet on center to function as street
trees.
(e)
Parking rows longer than 15 parking spaces shall be divided
by a landscape island not less than six feet in width with a shade
tree installed.
(f)
Native and deer-resistant plant species are encouraged, where
appropriate.
(g)
Trees shall be installed with a minimum caliper of 2.5 to three
inches.
(h)
A minimum twenty-foot-wide landscape buffer area shall be provided
along lot lines where the site abuts residential development. No buildings,
structures, accessory structures, parking, driveways or storage shall
be permitted in a required buffer area.
(6)
Lighting.
(a)
Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.
(b)
Lighting shall include shielding to minimize glare from surrounding
residential uses and public rights-of-way and to minimize sky glow.
(c)
Exterior site lighting shall not exceed a lighting intensity
or color temperature of 3,500 Kelvin (K).
(7)
Signs.
(a)
Development in the OL-4 Zone shall be permitted to have one
freestanding sign not to exceed 30 square feet, inclusive of any supporting
sign or based components not to exceed a maximum height of four feet.
Such sign may be illuminated and shall have landscape plants installed
around the sign base or supports.
(8)
Other provisions. Except as noted above, development in the OL-4 Zone shall comply with all other Borough zoning, site plan and subdivision regulations as provided in Chapters 150 and 126 of the Borough Code. In any instances where the requirements of this section are in conflict with another provision of the Borough Code, the requirements of this section shall supersede.
[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.
[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.
(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.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
APPROVING AUTHORITY
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
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.
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.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Upper Saddle River.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
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.
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.
(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.
(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)
(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]
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
(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]
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]
[Added 5-6-2021 by Ord. No. 4-21]
A.
Approvals
and permits.
(1)
Electric vehicle charging stations shall be permitted as an accessory
use or accessory structure in all zoning districts of the Borough.
(2)
Permits and approvals for electric charging stations shall be granted
or denied by the Construction Official. Site plan review and approval
by the Planning Board shall not be required.
B.
Location.
(1)
An electric vehicle charging station, if located on the exterior
of a property, shall be required to be located in the rear yard or
side yard of the premises. Location in the front yard of a property
is not permitted.
(2)
An electric vehicle charging station shall be located on a lot on
which there exists at the time of construction a permitted principal
use.
(3)
An electric vehicle charging station shall be located a minimum distance
of 25 feet from the property line.
C.
General
regulations.
(1)
Multifamily buildings with five or more units shall have electric vehicle charging stations in such number as determined by the Planning Board. Electric vehicle charging station spaces may be included in the calculation for minimum required parking spaces required in accordance with § 150-29, provided that no portion of an electric space may be allocated to, or deducted from, the required number of ADA spaces.
(2)
Each electric vehicle charging station space shall be not less than
nine feet wide or 18 feet in length. Where feasible, a vehicle charging
station should comply with ADA standards.
(3)
Public electric vehicle charging stations are reserved for parking
and charging electric vehicles only. It shall be unlawful for any
person to park or leave standing a vehicle in a space designated for
the charging of plug-in electric vehicles unless the vehicle is connected
for charging purposes and actively charging. Electric vehicles may
be parked in any space designated for public parking, subject to the
restrictions that would apply to any other vehicle that would park
in that space. Public electric vehicle charging stations shall not
be located in a residential district.
(4)
Identification signage for electric vehicle charging stations shall
be posted immediately adjacent to and visible to the parking space
and have a designated sign not greater than 17 inches by 22 inches
in size. One sign per electric vehicle charging space is required.
(5)
Charging station outlets and connector devices shall be no less than
36 inches and no higher than 48 inches from the ground or pavement
surface where mounted, and shall contain a retraction device and/or
a place to hang permanent cords and connectors a sufficient and safe
distance above the ground or pavement surface. Equipment mounted on
pedestals, lighting posts, or other devices shall be designated and
located so as not to impede pedestrian travel or create trip hazards.
(6)
Adequate charging station equipment protection such as concrete-filled
steel bollards shall be used. Nonmountable curbing may be used in
lieu of bollards, if the charging station is set back a minimum of
24 inches from the face of the curb.
(7)
Lighting of electric vehicle charging stations shall be in accordance
with lighting standards applicable to the district wherein the electric
vehicle charging station is located.
(8)
Charging stations in single-family residential districts may be used
only for private residential use and not for commercial purposes.
