Saddle River City Zoning Code
ARTICLE IV
R-3 Residential Zone
§ 210-13 Permitted uses.
[Amended 2-22-1994 by Ord. No. 600-C]
Permitted uses in the R-3 Residential Zone are listed in this article. Any uses not so listed are expressly prohibited.
A.
Dwellings. Single-family detached dwellings and townhouses as defined in § 210-3B shall be permitted uses.
(1)
The total number of garage stall units constructed in the principal building shall not exceed six. Garage doors, in the principal building, shall be limited to a maximum of four single doors in the principal residence and shall comply with the provisions of § 210-10A(6).
[Added 4-15-2002 by Ord. No. 02-725-C]
B.
Offices. A home professional office shall be a permitted use.
C.
Places of worship. Churches, places of worship and religious instruction, parish houses and Sunday school buildings shall be permitted uses.
D.
Farms, animals and poultry.
(1)
The following shall be permitted uses:
(a)
Farms, truck gardens and the sale of farm products raised on the premises.
(b)
All farm animals shall be adequately housed and, except for horses, shall be confined to the owner's property lines at all times.
(c)
The number of horses shall be limited to one per acre or two miniature horses, 38 inches or less in height, per acre.
[Amended 8-15-2022 by Ord. No. 22-1039]
(d)
All poultry, including pigeons, shall be adequately housed and, except for homing pigeons, shall be confined to the owner's property lines at all times.
E.
Reservoirs. Reservoir or water supply reservation, when owned and operated by the Borough or a duly established authority thereof, shall be a permitted use.
F.
Public utilities. Public utility lines and incidental equipment such as systems of poles, wires, conduits and underground pipe shall be permitted uses.
[Amended 7-21-2014 by Ord. No. 14-900-C]
G.
Retention/detention drainage facilities necessary to minimize any increase in the rate of runoff.
H.
Storage of unregistered motor vehicles and registered and disabled registered vehicles. Unregistered motor vehicles, motor vehicles not registered in the name of the owner or tenant or a member of the immediate family of either and disabled registered motor vehicles shall not be stored for more than 10 days, except in an enclosed garage, on any lot in a residential zone in the Borough of Saddle River. For the purpose of this subsection, the term "disabled" shall mean a motor vehicle which is partially dismantled, nonoperating, wrecked or in such a state of disrepair that it cannot be readily made operable and conform to all the requirements of the New Jersey Division of Motor Vehicles.
§ 210-14 Accessory uses.
A.
Accessory uses shall be permitted for single-family dwellings and other permitted uses listed in § 210-13.
[Amended 2-22-2004 by Ord. No. 600-C]
B.
Accessory uses for townhouses shall include the following:
(1)
Public utilities and essential services.
(2)
Off-street parking areas.
(3)
Indoor and outdoor recreation facilities, including tennis courts, swimming pools and clubhouse facilities, provided that the same are designed and intended for the use of the residents of the townhouse development.
(4)
Retention and detention drainage facilities.
§ 210-15 Townhouse developments.
A.
Minimum size of townhouse development. No tracts, parcels or lots or tract, parcel or lot shall be developed as a townhouse development unless it shall contain a minimum of five or more acres of adjoining and contiguous land and shall contain sufficient access to an approved and improved street. For the purpose of this section, internal streets, roads and rights-of-way shall not be deemed to divide acreage of a townhouse development.
B.
Maximum land use intensity. Within the R-3 Zone, the maximum residential density for a townhouse development shall be equal to 5.5 dwelling units per acre or part thereof.
C.
Minimum open space requirements. Within the R-3 Zone, the minimum amount of open space for a townhouse development shall be equal to 25% of the total land area of the site. Any required open space may include common recreation areas for residential uses and required buffer areas for computation purposes as well as other permitted open space functions as defined herein. If any area designated for open space of any type is to be retained by private interests, such private interests shall be required to file easements or specify reversionary interests in a deed or other similar conveyance, as determined by the Planning Board Attorney, to the appropriate governmental body or Environmental Commission to ensure the intended use and function of such area.
D.
Buffer areas.
(1)
The landowner shall provide and maintain a buffer zone no less than as specified herein from all external lot lines of a townhouse development. Such buffer zone shall be kept in its natural state where wooded; and when natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the Planning Board.
(2)
No use or structure, including parking or loading areas, shall be permitted within the required buffer area; but the Planning Board may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.
(3)
The required buffer area shall be included in the area of a townhouse development for the purpose of computing compliance with the open space requirements of this chapter.
(4)
A minimum buffer zone of 100 feet shall be maintained in the front yard of the townhouse development, measured from the State Highway Route 17 right-of-way line. A minimum buffer zone of 25 feet shall be maintained in the side and rear yards of the townhouse development.
E.
Setback requirements.
(1)
Area, yard and bulk controls. Area, yard and bulk controls shall be in accordance with the Schedule of Area, Yard and Bulk Controls for townhouse developments herein.[1]
[1]
Editor's Note: See Schedule B: Limiting Schedule, which is included at the end of this chapter.
(2)
Measurement of setbacks. All setbacks shall be measured from the right-of-way line of the street; but if the Master Plan or Official Map of the Borough show the location of a right-of-way line different from the existing right-of-way line, the required setbacks shall be measured from the right-of-way line as shown on the Official Map, if any, or the Master Plan.
(3)
At all public or private street intersections, no obstruction to vision exceeding 24 inches in height above the grade to be established at the curb, other than existing buildings, posts, columns or other trees or proposed necessary traffic control devices, shall be permitted in an area bounded by the intersecting curbline and a line joining points each 30 feet distant from the intersection of the curblines along the curbline of each street.
[Amended 2-22-2004 by Ord. No. 600-C]
F.
Distances between buildings. In a townhouse development in which the individual townhouse dwelling units are not being subdivided and the circulation system is privately owned and maintained, the following shall be the minimum distances between buildings:
Measurement | Distance (feet) |
|---|---|
The front of one building to the front of another building | 75 |
The front of one building to the side of another building | 75 |
The front of one building to the rear of another building | 80 |
The side of one building to the side of another building (other than an attached unit) | 25 |
The side of one building to the rear of another building | 40 |
The rear of one building to the rear of another building | 60 |
G.
Individual area, yard and bulk controls. In the event that the townhouse development involves the conveyance of a fee interest not only for the individual dwelling unit but for a portion of the fee involved in the townhouse lot, each individual unit ownership shall meet the following minimum standards:
Standard | Minimum | |
|---|---|---|
Lot area | 2,000 square feet | |
Lot width | 20 feet | |
Maximum improved lot coverage | 60% | |
Maximum building area | 40% | |
Required yards | ||
Front | 25 feet | |
Side | None required, but where provided, there shall be a minimum of 15 feet, except as required at street inter- sections, where a minimum setback of 25 feet shall be provided | |
Rear | 30 feet | |
H.
Maximum length of building group. No building group in a townhouse development shall exceed the lesser of eight dwelling units or 180 feet in any horizontal dimension. No building group in a town residence development or a townhouse-town residence mixed development shall exceed the lesser of 12 dwelling units or 180 feet in any horizontal dimension.
[Amended 11-12-1984 by Ord. No. 408-C]
I.
Off-street parking requirements. Every townhouse or town residence dwelling unit shall minimally be provided with one off-street parking space in a garage and shall provide a driveway in which a second automobile serving each dwelling unit may be parked. Centralized off-street parking areas minimally equal to 0.5 parking space for each dwelling unit shall be provided conveniently on site.
[Amended 11-12-1984 by Ord. No. 408-C]
J.
Circulation and off-street parking requirements in townhouse developments.
K.
Other improvements.
(1)
Utility improvements. Every townhouse development shall be serviced by a centralized water and sanitary sewage system.
(2)
Electric, gas and telephone service.
(a)
Electric, gas and telephone service shall be provided by the developer in concert with the appropriate public utilities providing such service. Said service shall be provided as part of an underground system.
(b)
If such facilities cannot be reasonably provided due to topographic or geographic conditions of the land due to technological circumstances and if the landowner shall adequately demonstrate the lack of feasibility of such an undertaking to the satisfaction of the Planning Board, a waiver of this requirement may be granted by the Planning Board.
(3)
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 regulations and Borough Engineer approval.
L.
Environmental standards. Any application for a townhouse development shall adhere to the environmental criteria established in this chapter and all Borough ordinances. All buildings or structures which shall be erected and any existing buildings or structures which are to be moved, enlarged, altered or added to and any land, buildings or structures which are to be designed, used or intended to be used shall comply with these requirements:
(1)
There shall not be an increase in the rate of runoff to any adjoining or nearby stream or watercourse whenever alternative solutions are available. Zero percent increase in runoff shall be maintained for the site in consideration of a one-hundred-year storm.
(2)
All principal buildings shall be set back a minimum of 30 feet from the high water mark of any stream or watercourse. All stream and watercourse corridors within this thirty-foot distance shall remain in their natural state except where necessary to provide utility easements or connecting roadways. The Planning Board shall, in addition, require an easement of not less than 10 feet along each side or edge of said body of water.
(3)
All federal and state requirements affecting potable water shall be adhered to.
(4)
All groundwater sources in areas of fractured bedrock shall not be located within 100 feet from any sewage disposal facility.
(5)
No development shall impede the existing waterways or streams or substantially alter the hydrology of the area.
(6)
In any townhouse development, no development shall occur in any area with a topographic slope of 16% or greater after final grading.
(7)
All environmental criteria shall be adhered to as promulgated by the Borough of Saddle River and all appropriate county, regional, state and federal requirements.
M.
Comprehensive site plan. The applicant for a townhouse development shall be required to submit a comprehensive site plan for the entire area so zoned and under the applicant's control. Said plan shall be submitted in accordance with Chapter 195, Subdivision of Land, Chapter 179, Site Plan Review, this chapter and other applicable municipal, county and state regulations. The comprehensive plan shall be submitted as part of the preliminary application.
N.
Staging. As permitted under N.J.S.A. 40:55D-39c(6), each townhouse development may be developed in stages as outlined herein. Application for final site plan approval or final subdivision approval, or both, shall be limited to a maximum of 50% of the total number of housing units authorized by the approving authority at the preliminary application stage.
O.
Sequence of stages. In deliberation of the proposed sequence of stages, the approving authority 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 services, 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 townhouse 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 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 guarantees, covenants and other formal agreements.
(4)
That the landowner will provide a balanced distribution for development in each stage. Said disposition shall be judged on the basis of the level of improvement costs, physical planning and coordination required and other relationships which may be necessary to undertake each stage or segment.