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.

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.

Installation of any lighting of the pool shall be such that there shall be no glare of direct lighting into adjacent properties.

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.

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.

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.

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.

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.

Any fence of a type not specifically mentioned in this section shall be considered not permitted.

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.

All pool fences must be installed in accordance with the Uniform Construction Code and the current International Swimming Pool and Spa Code (ISPSC).

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.

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.

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.

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.

The pier shall be constructed with a permanent material which shall be aesthetically consistent with the principal building on the property.

A maximum of six light stanchions may be 90 feet in height.

A maximum four light stanchions may be 60 feet in height.

All sports field lighting shall be shielded and also shall be turned off by 10:00 p.m.

All sports field lighting shall be designed to provide fifty-footcandle lighting levels throughout play areas.

Only one sports court shall be located in an R-1 and R-2 Residence District.

The sports court, if allowed, shall be located on a lot on which there exists at the time of construction a permitted principal use.

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.

No sports court shall be located on a lot exhibiting an area of less than 37,500 square feet.

Any fence constructed around the perimeter of the sports court shall not exceed eight feet, notwithstanding any ordinance to the contrary.

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.

Sports courts within a residential zone shall not be used for commercial purposes.

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.

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.

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.).

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.

The mounting height of lighting fixtures shall not exceed 15 feet.

Water facilities.

Sanitary sewerage system.

Drainage and stormwater management.

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.

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.

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.

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.

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.

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.

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.

All open space shall be connected to residential areas with walkways or other reasonable means of access.

Buffer.

Building design.

Landscaping.

Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.

No natural vegetation shall be disturbed except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.

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.

(Reserved)[1]

Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principals.

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.

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]

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.

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.

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.

Staging. The affordable house development may be developed in stages as outlined herein.

Off-tract improvement (if any) shall be governed by Chapter 126, Subdivision and Site Plan Review.

Sequence of stages. In the deliberation of the proposed sequence of stages, the Planning Board shall be guided by the following criteria and factors:

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.

In determining affordable rents and sale prices, the following criteria shall be used:

Distribution of prices.

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.

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.

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.

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.

Phasing schedule.

Covenants and controls on sales and rentals.

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.

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.

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.

Foreclosure.

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.

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.

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.

No more than 20% of the low- and moderate-income units shall be one-bedroom units.

At least 20% of the low- and moderate-income units shall be three-bedroom units.

At least 30% of the low- and moderate-income units shall be two-bedroom units.

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.

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.

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.

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.

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:

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.

No buildings, structures, accessory structures, parking, driveways, or storage of materials shall be permitted within the required buffer.

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.

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.

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.

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.

Existing and proposed topography and location of all landscaped berms.

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.

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.

Planting and construction details and specifications.

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.

The application shall contain, in addition to the site plan application checklist provisions, a report detailing the following:

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.

Bedroom distribution. The following bedroom mix shall apply to affordable units:

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.

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.

Other affordable housing unit requirements.

Architectural design shall be compatible and consistent with existing development in the Borough of Upper Saddle River.

Buildings with expansive blank walls are prohibited.

Side and rear building elevations shall receive architectural treatments comparable to front building facades.

Each facade shall be designed to have a delineated floor line between the first level and upper floors.

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.

Balconies above the first floor are encouraged and may extend a maximum of four feet into any required yard setback.

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.

Fire escapes are prohibited on front building facades, except where required by the Borough Fire Official.

Primary building entrances for multifamily uses shall be oriented facing a public right-of-way. Secondary side and rear entrances may also be provided.

Off-street parking shall be prohibited in required front yards.

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.

Parking areas within the principal building footprint shall have screening and architectural treatment consistent with the front building facade on all sides.

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.

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.

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.

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.

Foundation plantings and landscape beds shall be installed around the principal building.

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.

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.

Native and deer-resistant plant species are encouraged, where appropriate.

Trees shall be installed with a minimum caliper of 2.5 to three inches.

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.

Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.

Lighting shall include shielding to minimize glare from surrounding residential uses and public rights-of-way and to minimize sky glow.

Exterior site lighting shall not exceed a lighting intensity or color temperature of 3,500 Kelvin (K).

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.

Signs in the OL-1 Zone shall otherwise be in accordance with § 150-21A of the Borough Code for signs in the R-1 and R-2 Districts.

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.

Bedroom distribution. The following bedroom mix shall apply to affordable units:

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.

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.

Other affordable housing unit requirements.

Architectural design shall be compatible and consistent with existing development in the Borough of Upper Saddle River.

Buildings with expansive blank walls are prohibited.

Side and rear building elevations shall receive architectural treatments comparable to front building facades.

Each facade shall be designed to have a delineated floor line between the first level and upper floors.

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.

Balconies above the first floor are encouraged and may extend a maximum of four feet into any required yard setback.

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.

Fire escapes are prohibited on front building facades, except where required by the Borough Fire Official.

Primary building entrances for multifamily uses shall be oriented facing a public right-of-way. Secondary side and rear entrances may also be provided.

Off-street parking shall be prohibited in required front yards.

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.

Parking areas within the principal building footprint shall have screening and architectural treatment consistent with the front building facade on all sides.

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.

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.

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.

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.

Foundation plantings and landscape beds shall be installed around the principal building.

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.

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.

Native and deer-resistant plant species are encouraged, where appropriate.

Trees shall be installed with a minimum caliper of 2.5 to three inches.

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.

Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.

Lighting shall include shielding to minimize glare from surrounding residential uses and public rights-of-way and to minimize sky glow.

Exterior site lighting shall not exceed a lighting intensity or color temperature of 3,500 Kelvin (K).

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.

Signs in the OL-2 Zone shall otherwise be in accordance with § 150-21A of the Borough Code for signs in the R-1 and R-2 Districts.

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.

Bedroom distribution. The following bedroom mix shall apply to affordable units:

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.

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.

Other affordable housing unit requirements.

Architectural design shall be compatible and consistent with existing development in the Borough of Upper Saddle River.

Buildings with expansive blank walls are prohibited.

Side and rear building elevations shall receive architectural treatments comparable to front building facades.

Each facade shall be designed to have a delineated floor line between the first level and upper floors.

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.

Balconies above the first floor are encouraged and may extend a maximum of four feet into any required yard setback.

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.

Fire escapes are prohibited on front building facades, except where required by the Borough Fire Official.

Primary building entrances for multifamily uses shall be oriented facing a public right-of-way. Secondary side and rear entrances may also be provided.

Off-street parking shall be prohibited in required front yards.

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.

Parking areas within the principal building footprint shall have screening and architectural treatment consistent with the front building facade on all sides.

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.

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.

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.

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.

Foundation plantings and landscape beds shall be installed around the principal building.

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.

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.

Native and deer-resistant plant species are encouraged, where appropriate.

Trees shall be installed with a minimum caliper of 2.5 to three inches.

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.

Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.

Lighting shall include shielding to minimize glare from surrounding residential uses and public rights-of-way and to minimize sky glow.

Exterior site lighting shall not exceed a lighting intensity or color temperature of 3,500 Kelvin (K).

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.

Signs in the OL-3 Zone shall otherwise be in accordance with § 150-21A of the Borough Code for signs in the R-1 and R-2 Districts.

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.

Bedroom distribution. The following bedroom mix shall apply to affordable units:

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.

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.

Other affordable housing unit requirements.

Architectural design shall be compatible and consistent with existing development in the Borough of Upper Saddle River.

Buildings with expansive blank walls are prohibited.

Side and rear building elevations shall receive architectural treatments comparable to front building facades.

Each facade shall be designed to have a delineated floor line between the first level and upper floors.

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.

Balconies above the first floor are encouraged and may extend a maximum of four feet into any required yard setback.

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.

Fire escapes are prohibited on front building facades, except where required by the Borough Fire Official.

Primary building entrances for multifamily uses shall be oriented facing a public right-of-way. Secondary side and rear entrances may also be provided.

Off-street parking shall be prohibited in required front yards.

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.

Parking areas within the principal building footprint shall have screening and architectural treatment consistent with the front building facade on all sides.

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.

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.

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.

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.

Foundation plantings and landscape beds shall be installed around the principal building.

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.

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.

Native and deer-resistant plant species are encouraged, where appropriate.

Trees shall be installed with a minimum caliper of 2.5 to three inches.

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.

Site lighting shall be provided in accordance with § 126-33 and all other applicable sections of the Borough Code.

Lighting shall include shielding to minimize glare from surrounding residential uses and public rights-of-way and to minimize sky glow.

Exterior site lighting shall not exceed a lighting intensity or color temperature of 3,500 Kelvin (K).

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.

Signs in the OL-4 Zone shall otherwise be in accordance with § 150-21A of the Borough Code for signs in the R-1 and R-2 Districts.

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.

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.

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.

Flags of the United States, State of New Jersey or other governmental or quasipublic agencies, or decorative or seasonal flags.

Holiday decorations and lights on residential premises.

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.

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.

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.

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.

Minimum building setbacks from private main access roadways shall be 25 feet.

Circulation requirements. Paved roadway (cartway) and driveway widths shall be determined as follows:

Construction of pavement of all public roadways shall conform to the Borough standards for public roads.

Construction of paving of all driveways shall conform to the Borough standards for paving as contained in the Borough ordinances.

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

Encourage the location of towers in nonresidential areas.

Minimize the total number of towers throughout the community.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

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.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

Consider the public health and safety of communication towers.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

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.

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.

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.

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;

The antenna complies with all applicable FCC and FAA regulations; and

The antenna complies with all applicable building codes.

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.

Height.

On-site location.

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.

Legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and antenna and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

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.

A landscape plan showing specific landscape materials.

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

A description of compliance with the requirements of this section and all applicable federal, state or local laws.

(Towers only.) A notarized statement by the applicant as to whether construction of a tower will accommodate collocation of additional antennas for future users.

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.

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.

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.

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.

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.

Height of the proposed tower and antenna;

Proximity of the tower/antenna to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection G(4) of this section.

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

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.

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.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

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.

Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.

Towers shall not exceed 150 feet in height.

Separation from off-site uses/designated areas.

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.

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.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

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.

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.

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.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

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.

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.

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.

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.