For purposes of this ordinance, the
Township is hereby divided into zoning districts as enumerated in
this Article and as shown on the Zoning Map.
a.
Zoning Map Adopted: The boundaries of the
zoning districts are established on the Zoning Map dated August 2020,
which is hereby made a part of this ordinance. (The map may be found
in the Appendix as Schedule D.)
[Ord. No. 18-94, 7-96, 2167-99; amended 12-15-2020 by Ord. No. 2567-20]
b.
Historic District Overlay Map. The Zoning
Map established and provided for by Section 602a of the Development
Regulations and Zoning Ordinance is hereby amended to add as an overlay
zone the designated historic districts established and designated
in this ordinance. (The map may be found in the attachments at the
end of this chapter as Schedule B.)[1]
[Ord. No. 10-87 § 2, 8-89, 10-89]
[1]
Editor's Note: See also Article 8, Historic Preservation and Schedules and Maps, included as attachments to this chapter.
c.
Amendments.
1.
The Zoning Map of the Township shall be
revised to place Block 2504, Lot 9 and Block 2702, Lots 15, 16 and
17 in the Conservation-Educational/Cultural CE Zone.]
[Ord. No. 2325-08]
2.
Block 1904, Lots 72, 73, 74 and 75, on the Official Tax Map of the
Township of Millburn shall be removed from the B-3 Zone and shall
then be incorporated into the RMF-AH Zone.
[Added 9-17-2019 by Ord. No. 2542-19]
3.
The
following property be and is hereby designated as a historic landmark
in accordance with the Millburn Code Section 804.3 et seq., and the
official Township Zoning Map is hereby amended to reflect said historic
designation: 358 White Oak Ridge Road (Parsil Family Cemetery), Block
4903, Lot 31.
[Added 10-5-2021 by Ord. No. 2581-21]
4.
The
following property be and is hereby designated as a historic landmark
in accordance with the Millburn Code Section 804.3 et seq., and the
official Township Zoning Map is hereby amended to reflect said historic
designation: 363 White Oak Ridge Road (Parsil House), Block 4901,
Lot 3.
[Added 10-5-2021 by Ord. No. 2582-21]
5.
The
following property be and is hereby designated as a historic landmark
in accordance with the Millburn Code Section 804.3 et seq., and the
official Township Zoning Map is hereby amended to reflect said historic
designation: 155 Millburn Avenue (Hessian House), Block 401, Lot 5.
[Added 10-5-2021 by Ord. No. 2583-21]
6.
The
Zoning Map is hereby amended such that a portion of Block 5302, Lot
5 consisting of not less than five nor more than eight acres on the
Official Tax Map of the Map of the Township of Millburn to include
an overlay zone permitting an inclusionary multifamily development
as detailed in this ordinance. The existing zoning shall remain in
place.
[Added 11-9-2021 by Ord. No. 2585-21]
7.
The
Zoning Map is hereby amended such that Block 705, Lot 2 (“property”)
on the Official Tax Map of the Map of the Township of Millburn to
include an inclusionary multifamily zone district.
[Added 11-9-2021 by Ord. No. 2593-21]
8.
The B-2 Zone is hereby eliminated as a zoning district from the Development
Regulations and Zoning Ordinance and the Official Zoning Map of the
Township of Millburn, dated August 2020 and supplemented December
2020.
[Added 7-19-2022 by Ord.
No. 2606-22]
9.
The B-2A Zone is hereby established as a zoning district in the Development
Regulations and Zoning Ordinance and the Official Zoning Map of the
Township of Millburn, governing development and land use of the following
tax parcels: Block 2002; Lot 22 (portion presently within B-2 Zone),
Lots 23-25, and Lot 26 (portion presently within B-2 Zone); Block
1904, Lots 1, 104, and 105 (portion presently within B-2 Zone).
[Added 7-19-2022 by Ord.
No. 2606-22]
10.
The B-2B Zone is hereby established as a zoning district in
the Development Regulations and Zoning Ordinance and the Official
Zoning Map of the Township of Millburn, governing development and
land use of the following tax parcels: Block 1801, Lots 1-3, and Block
1904, Lots 17-20.
[Added 7-19-2022 by Ord.
No. 2606-22]
11.
The B-2C Zone is hereby established as a zoning district in
the Development Regulations and Zoning Ordinance and the Official
Zoning Map of the Township of Millburn, governing development and
land use of the following tax parcels: Block 705, Lots 2-4 and 6 (portion
presently within B-2 Zone) and Block 305, Lots 1-3, Lot 4 (portion
presently within B-2 Zone), and Lot 6.
[Added 7-19-2022 by Ord.
No. 2606-22]
603.1.
Zoning district boundary lines are
intended to follow street center lines, streams, and lot or property
lines unless otherwise indicated by dimensions on the Zoning Map.
Any dimensions shown shall be in feet, measured horizontally from
the street right-of-way line even if the center line of that street
serves as a zoning district line. The location of any disputed zoning
district line shall be determined by the Board of Adjustment. Zoning
district lines extend vertically in both directions from ground level.
603.2.
Where a street or public way serves
as the zoning district line and it is lawfully vacated, the former
center line shall be considered the zoning district line.
[Amended 4-20-2021 by Ord. No. 2571-21]
a.
All classes of cannibas establishments or cannibas distributors or
cannibas delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16, but not the delivery of cannibas items and related
supplies by a delivery service, are prohibited.
b.
All uses not expressly permitted in this ordinance are prohibited.
Except as otherwise specified for
nonconforming uses, structures, sites, or lots, any use, building,
or structure existing at the time of the enactment of this ordinance
may be continued even though such use, building, or structure may
not conform with the provisions of this ordinance for the district
in which it is located.
[Ord. No. 2300-07 adopted on 10-23-2007 provided for the
provisions of 606.12. The ordinance was readopted by Ord. No. 2325-08 on 8-19-2008 to provide notice as required under N.J.S.A. 40:55D-62.1]
606.1.
Conservation-Recreation C.
[Ord. No. 18-94]
a.
Purpose. The purpose of this district is
to restrict development on public lands, lands which are environmentally
sensitive, and lands which are vital to the preservation of regional
water supplies.
c.
Accessory Uses. Uses customarily associated
with the above uses provided such accessory uses are subordinate to
the principal use, do not change the character of the principal use,
and serve only the principal use.
606.2.
Residential R-3, R-4, R-5, R-6.
a.
Purpose. To provide a range of lot sizes
for single-family dwellings. The development of vacant lands in these
predominantly built up neighborhoods shall be compatible with existing
development patterns.
b.
Permitted Principal Uses. Single family
dwellings.
c.
Accessory Uses.
1.
Private garages, sheds, swimming
pools, platform tennis courts, tennis courts, and greenhouses for
private purposes, and other uses customarily associated with single
family dwellings provided such accessory uses are subordinate to the
principal use, and serve only the principal use.
[Ord. No. 22-86; Ord. No. 2370-11]
2.
Portable storage containers. The
use of portable storage containers will be allowed on a temporary
basis subject to the following conditions:
[Ord. No. 2314-08]
(a)
Portable storage containers shall
be placed on property within a residential zone for no more than 30
days unless used in conjunction with a construction permit, in which
event, it shall be permitted to remain for the duration of the construction
permit, but no more than one year.
(b)
A property owner may apply for an
extension of the thirty-day limitation to the Zoning Official for
good cause, but in no event for an additional 30 days.
(c)
No portable storage container shall
be placed in any area on a residential property not meeting the accessory
structure setback requirements of the zone and in no event shall a
portable storage container be placed in a front yard, the public right-of-way,
or at any location which obstructs traffic visibility. All portable
storage containers shall be placed on a driveway, where possible.
(d)
There shall be a limit of one portable
storage container per property.
(e)
The size of a portable storage container
shall not exceed 10 feet in height and 10 feet by 20 feet in width
and length.
(f)
The portable storage container and
the area surrounding it shall be kept in a neat and clean condition.
(g)
Persons intending to place a portable
storage container on a residential property shall first obtain a permit
therefor following completion of the relevant application form and
payment of a fee of $75.
d.
Conditional Uses.
[Ord. No. 2417-13]
1.
Houses of worship, subject to the
following standards:
(a)
The lot shall have frontage on a
primary, secondary or collector street as shown in the Circulation
Element of the Master Plan.
(b)
The lot shall have a minimum area
of three acres.
(c)
The lot shall have a minimum frontage
of 200 feet.
(d)
The lot shall have a minimum depth
of 250 feet.
(e)
Vehicular access shall be from other
than a local street if the lot has frontage on more than one street.
(f)
Lot coverage shall not exceed the
maximum established for the underlying Residential Zone District.
(g)
The minimum front yard setback shall
be 100 feet.
(h)
The minimum side yard setback shall
be 40 feet.
(i)
The minimum rear yard setback shall
be 50 feet.
(j)
The minimum buffer to a residential
use or zone shall be 25 feet.
(k)
The minimum parking setback shall
be 20 feet.
(l)
Building height shall not exceed
the maximum established for the underlying Residential Zone District.
2.
Public and private schools, subject
to the following standards:
(a)
The lot shall have frontage on a
primary, secondary or collector street as shown in the Circulation
Element of the Master Plan.
(b)
The lot shall have a minimum area
of three acres.
(c)
The lot shall have a minimum frontage
of 200 feet.
(d)
The lot shall have a minimum depth
of 250 feet.
(e)
Vehicular access shall be from other
than a local street if the lot has frontage on more than one street.
(f)
Lot coverage shall not exceed the
maximum established for the underlying Residential Zone district.
(g)
The minimum front yard setback shall
be 100 feet.
(h)
The minimum side yard setback shall
be 40 feet.
(i)
The minimum rear yard setback shall
be 50 feet.
(j)
The minimum buffer to a residential
use or zone shall be 25 feet.
(k)
The minimum parking setback shall
be 20 feet.
(l)
Building height shall not exceed
the maximum established for the underlying Residential Zone District.
3.
Radio antennas in accordance with
the provisions of section 606.2e3.
e.
Area and Setback Requirements.
|
1.
|
Minimums
|
R-3
|
R-4
|
R-5
|
R-6
| |||
|
(a)
|
Lot area-square feet
|
29,000
|
20,000
|
14,500
|
6,000
| |||
|
(b)
|
Lot width-feet
|
115
|
100
|
75
|
60
| |||
|
(c)
|
Lot depth-feet
|
175
|
150
|
125
|
90
| |||
|
(d)
|
Front setback-feet*
|
40
|
40
|
40
|
40
| |||
|
(e)
|
Side yard setback standard
| |||||||
|
(1)
|
Side yard setback standard in the
R-5 and R-6 Districts:
| |||||||
|
R-5
|
R-6
| |||||||
|
(a)
|
Minimum setback for building to 18
feet in height-feet
|
12
|
8
| |||||
|
(b)
|
Additional minimum setback, added
to paragraph e1 above, for each foot in height of any building segment
over 18 feet in height which lies between the setback standard set
forth in paragraph e1 above and the setback standard set forth in
3 below-feet
|
0.33
|
0.30
| |||||
|
(c)
|
Minimum setback for building segments
32 feet in height-feet
|
16
|
12
| |||||
|
(2)
|
Side yard setback standard in the
R-3 and R-4 Districts:
| |||||||
|
(a)
|
In the R-3 District, the minimum
side yard setback shall be 15 feet for one-story buildings up to 18
feet in height. The minimum side yard setback for a second story,
or any building greater than 18 feet in height shall be 25 feet.
| |||||||
|
(b)
|
In the R-4 District, the minimum
side yard setback shall be 15 feet for one-story buildings up to 18
feet in height. The minimum side yard setback for a second story,
or any building greater than 18 feet in height shall be 22 feet.
| |||||||
|
(c)
|
In the R-3 and R-4 Districts, where
a garage vehicular entrance faces a side property line, the minimum
side yard setback to the garage shall be 28 feet to accommodate a
minimum 23-foot vehicle back-up distance and a minimum 5-foot pavement
setback to the side property line.
[Ord. No. 2254-05] | |||||||
|
(f)
|
Side setback-combined
|
35% of lot width
| ||||||
|
(g)
|
Rear yard-unoccupied
|
25% of lot area
| ||||||
|
(h)
|
Rear setback
[Ord. No. 10-88, 17-91] |
20% of lot depth
| ||||||
|
NOTES:
| |
|---|---|
|
*
|
Front setbacks shall also be based
on the average established setback for the dwellings located within
500 feet on the same side of the street, or to the nearest intersecting
street, end of street or district boundary line, whichever is the
lesser. If no uniformity in established setback exists or if the area
has no development, the front setback minimum shall be as shown above.
The approving authority shall have the authority to grant flexibility
in front setbacks based on the preservation of natural features. Adequate
consideration shall be given to impact on adjoining properties. A
variance shall not be required for existing nonconforming front yard
setbacks when a roof (and supporting columns) is added to an existing
front stairs or stoop. The roof shall not exceed four feet in depth
and extend more than six feet from the stoop on any side.
[Ord. No. 2241-04] |
|
2.
|
Maximums
|
R-3
|
R-4
|
R-5
|
R-6
| |
|
(a)
|
Building coverage
|
13%
|
14%
|
18%
|
23%
| |
|
(b)
|
Lot coverage
|
35%
|
35%
|
35%
|
45%
| |
|
(c)
|
Building height-feet
|
32*
|
32*
|
32
|
32
| |
|
(d)
|
Floor area ratio
|
25%
|
26%
|
30%
|
36%
| |
|
NOTES:
| |
|
*
|
In the R-3 and R-4 Districts, a maximum
building height of 35 feet shall be permitted, but only in instances
where the pitch of the principal portion of the roof is provided with
a minimum slope of eight on 12 (a rise of eight inches for every 12
inches horizontally). Such additional height shall not apply to shed
roofs, but only to hipped, gabled, or other roofs where the peak or
ridgeline is toward the center-section of the roof area.
[Ord. No. 2254-05, 2313-08] |
|
3.
|
Accessory Uses
[Amended 7-19-2022 by Ord. No. 2613-22] |
R-3
|
R-4
|
R-5
|
R-6
| ||
|
(a)
|
Minimum side setback-feet
|
12
|
12
|
9
|
5
| ||
|
(b)
|
Minimum rear setback-feet
|
12
|
12
|
9
|
5
| ||
|
(c)
|
Maximum structure height-feet
|
18
|
18
|
18
|
18
| ||
|
(d)
|
Attached garages shall be set back
in compliance with the minimum setback requirements of the respective
zone district. Detached garages shall be set back a minimum of 12
feet from all property lines in the R-3 and R-4 Districts and in all
other Districts the setback shall be 3 feet.
| ||||||
|
Garages facing and opening onto a
public street shall be prohibited in the R-3 and R-4 Residential Zone
Districts. Not more than 4 residential garage spaces shall be permitted
in the R-3 District, 3 spaces in the R-4 District and not more than
2 spaces in the R-5 and R-6 Districts.
[Ord. No. 2172A-00, 2203-02, 2257-05] | |||||||
|
(e)
|
A structure (whether attached or
detached) used as a radio antenna (including the base, the tower boom,
and the antenna), hereafter the Radio Antenna Structure, may be an
overall maximum of 40 feet in height, provided the height of the radio
antenna structure (not including the residence with respect to an
attached structure) shall in no event exceed 1.1 times the distance
from the nearest property line. A radio antenna structure may have
an additional 20 feet in height, up to a maximum of 60 feet total
height, upon the issuance of a conditional use permit by the Planning
Board, provided, however, the applicant complies with the following
standards:
| ||||||
|
(1)
|
The radio antenna structure is set
back from the nearest lot line not less than 1.1 times the height
of the antenna.
| ||||||
|
(2)
|
The radio antenna structure is located
in the rear yard.
| ||||||
|
(3)
|
The Planning Board grants site plan
approval. Among the factors to be considered by the Planning Board
as part of site plan and conditional use approval are the precise
location of the radio antenna structure and the adequacy of screening
of the structure.
| ||||||
|
(f)
|
A structure used as a dish antenna,
or satellite receiving station, shall be no more than 10 feet in height,
including the supporting structure. It shall be located only in the
rear yard area. On corner lots, which have no defined rear yard area,
it shall be located in a side yard a minimum of 2 times the required
front setback from the street line. This type of structure shall not
be mounted on the principal building. It shall be screened from view
from adjoining properties and streets by evergreen planting, which
shall be at least as tall as the antenna and supporting structure
combined at the time of planting. Dish antennas with diameters of
18 inches or less shall be exempt from the provisions of this section.
[Ord. No. 9-87, 5-97] | ||||||
|
4.
|
(Reserved)
[Ord. No. 2286-07; repealed by Ord. No. 2434-14] | ||||||
f.
Other Provisions. No commercial motor vehicle,
school bus, or school van shall be parked or stored anywhere on private
property unhoused or visible from a public street or any neighboring
property except when the vehicle is being used in the transaction
of business with the owner or occupant of the property. Commercial
motor vehicles shall include all commercially licensed vehicles, all
vehicles with business identification signs or lettering, and all
trucks or vans with a pay load or capacity in excess of 3/4 ton. The
provisions of this section shall not apply to the parking and storage
of school buses and school vans on public school, private school,
or parochial school property within residential districts in the Township.
g.
Residential driveways shall be set back
a minimum of five feet from any adjoining residential property line
in the R-3 and R-4 Residential Districts.
[Ord. No. 2172A-00]
606.3.
Residential R-7.
[Ord. No. 2491-17]
a.
Purpose. To provide a residential area
for small one- and two-family dwellings.
c.
Accessory Uses. Same as Section 606.2c.
d.
Conditional Uses. Same as Section 606.2d.
e.
Area and Setback Requirements.
|
1.
|
Minimums.
|
One-Family
|
Two-Family
| ||
|
(a)
|
Lot area-square feet
|
4,000
|
5,000
| ||
|
(b)
|
Lot width-feet
|
40
|
50
| ||
|
(c)
|
Front setback-feet*
|
24
|
24
| ||
|
(d)
|
Side setback-feet
| ||||
|
(1)
|
For buildings up to 18 feet in height
|
4
|
6
| ||
|
(2)
|
Additional setback in feet for each
foot in height of any building segment over 18 feet in height which
lies between the setback standard set forth in paragraph (d)(1) above
and the setback standard set forth in paragraph (d)(3) below
|
0.25
|
0.25
| ||
|
(3)
|
Setback in feet for segments 32 feet
in height
|
8
|
10
| ||
|
(e)
|
Side setback-combined
|
30% of lot width
| |||
|
(f)
|
Rear setback-depth-feet
|
Greater of 20 feet or 20% of lot
depth
| |||
|
(g)
|
Rear yard-unoccupied
|
25% of total lot area
| |||
|
2.
|
Maximums.
[Ord. No. 2313-08] |
One-Family
|
Two-Family
| ||
|
(a)
|
Building coverage
|
25%
|
25%
| ||
|
(b)
|
Lot coverage
|
45%
|
45%
| ||
|
(c)
|
Building height-feet
|
32
|
32
| ||
|
(d)
|
Floor area ratio
|
38%
|
38%
| ||
|
3.
|
Accessory Uses.
[Amended 7-19-2022 by Ord. No. 2613-22] |
One-Family
|
Two-Family
| ||
|
Side and rear setback
|
4 feet, 3 feet for detached garages
| ||||
|
Maximum structure height - feet
|
18 feet
| ||||
|
NOTE:
| |
|
*
|
Front setbacks shall also be based
on the average established setback for the dwellings located within
500 feet on the same side of the street, or to the nearest intersecting
street, end of street or district boundary line, whichever is the
lesser. If no established setback exists or if the area has no development,
the front setback minimum shall be as shown above. The approving authority
shall have the authority to grant flexibility in front setbacks based
on the preservation of natural features. Adequate consideration shall
be given to impact on adjoining properties. A variance shall not be
required for existing nonconforming front yard setbacks when a roof
(and supporting columns) is added to an existing front stairs or stoop.
The roof shall not exceed four feet in depth and extend more than
six feet from the stoop on any side.
[Ord. No. 2241-04] |
606.4.
Residential R-8.
a.
Purpose. To provide for multiple dwellings
in areas where they are compatible with existing development, and
to allow variety in housing types.
c.
Accessory Uses. Same as Section 606.2c,
except that attached dwellings and apartments shall not be utilized
for short term rentals pursuant to Section 606.2c3.
[Amended 12-15-2020 by Ord. No. 2566-20]
d.
Conditional Uses. Same as Section 606.2d.
e.
Area and Setback Requirements.
1.
Single-family dwellings. Same as
the R-6 District.
2.
Two-family dwellings. Same as the
R-7 District.
3.
Attached dwellings.
(a)
Minimum unit width: 20 feet.
(b)
Minimum side setback (end): 10 feet.
(c)
Minimum front setback: 20 feet.
(d)
Minimum rear setback: 20 feet.
(e)
Minimum distance between buildings:
20 feet side to side; 60 feet front to front; 40 feet rear to rear.
(f)
Maximum density: eight units per
acre.
(g)
Maximum building coverage: 40%.
(h)
Maximum lot coverage: 70%.
|
Note: If individual
lots are not created, these standards shall apply as though individual
lots were created.
|
4.
Apartments.
(a)
Minimum side setback: 1/2 building
height.
(b)
Minimum side setbacks combined: 30
feet.
(c)
Minimum rear setback: 20% of lot
depth.
(d)
Minimum distance between buildings:
40 feet (20 feet on ends).
(e)
Maximum density: 14 units per acre.
(f)
Maximum building coverage: 20%.
(g)
Maximum lot coverage: 70%.
(h)
Maximum building height: 32 feet;
two stories.
(i)
No parking between the street line
and the building.
(j)
Front setbacks shall be a minimum
of 15 feet along Millburn Avenue and Main Street and 30 feet on all
other streets, except that the setback shall be based on the average
setback of adjoining lots if a consistent setback is established.
(k)
At least 15% of the site shall be
available for recreational purposes, located in the rear yard.
5.
Accessory
Uses:
[Added 7-19-2022 by Ord. No. 2613-22]
|
One-Family
|
Two-Family
| |
|---|---|---|
|
Side and rear setback
|
4 feet, 3 feet for detached garages
| |
|
Maximum structure height - feet
|
18 feet
| |
f.
Other Provisions. No basement apartments
shall be permitted except for resident staff.
606.4.1.
Residential Multi-Family Affordable Housing RMF-AH.
[Added 9-17-2019 by Ord.
No. 2542-19]
a.
Purpose: to provide for multifamily inclusionary development
with a required set-aside for low- and moderate-income units together
with ground-floor medical office use.
b.
Permitted principal uses:
1.
Residential apartments, with optional associated amenities and
services, including, but not limited to, fitness center, screening
room, business center, balconies and terraces for individual units,
and other uses customarily associated with multifamily dwellings,
provided such accessory uses are subordinate to the principal use
and serve only the principal use.
2.
Medical offices, as expressly provided herein, but not including
twenty-four-hour urgent care or emergency care services.
c.
Accessory uses:
1.
Off-street structured parking within the building (i.e., at
grade and below grade). Surface parking that serves existing medical
office space shall be permitted only if the required development components
are constructed in phases as expressly provided herein; however no
such surface parking shall be permitted upon completion of all required
development components.
2.
Any other use which is subordinate and customarily incidental
to one or more of the permitted principal uses, including, but not
limited to, leasing/sales/management offices associated with residential
apartments, maintenance areas, and trash collection/recycling areas.
e.
Affordable housing requirements. A total of 12 units shall be
maintained as affordable units in compliance with applicable New Jersey
Council on Affordable Housing (COAH) rules and regulations and Uniform
Housing and Affordability Controls (UHAC). Such affordable units shall
include: three three-bedroom units, seven two-bedroom units, and two
one-bedroom units. Half of the 12 affordable units (i.e., six units)
shall be set aside for low-income households, and the other half (i.e.,
six units) shall be set aside for moderate-income households, as defined
by COAH and/or UHAC. In addition, of the 12 affordable units, 13%,
or two units, shall be made available to very-low-income households,
as defined by COAH and/or UHAC. The affordable units shall be integrated
with market rate units throughout the development.
f.
Required courtyard/plaza.
1.
Location. In order to break down the mass and scale of the building
and provide an attractive amenity for building residents as well as
the general public, a courtyard or plaza is required along Woodland
Road. The courtyard/plaza shall be centrally located and shall be
at the same grade as the lowest level of residential apartments immediately
to the south along Woodland Road.
2.
Dimensions. The courtyard/plaza shall comprise at least 6,000
square feet. It shall have a minimum width, measured parallel to Woodland
Road, of 60 feet; and a minimum depth, measured perpendicular to the
building facade along Woodland Road, of 80 feet at all points.
3.
Connection to public sidewalks. A portion of the courtyard/plaza
shall form a level connection to the sidewalk on Woodland Road. Where
the remainder of the plaza is below the grade of the adjoining public
sidewalk, a generously proportioned set of steps shall be provided
to step down from the sidewalk into the plaza, so that the plaza may
be entered from any portion of the adjoining sidewalk. The stairs
shall be designed in a manner similar to shallow, wide, amphitheater
seating, rather than steep and narrow.
4.
Active uses along perimeter. The courtyard/plaza shall have
active building uses on at least two sides and for at least 2/3 of
its perimeter, including residential apartment units on the south
side and residential amenity space(s) such as fitness rooms or multipurpose
rooms on the north side. Active uses for residential amenity space
shall have a high proportion of window glazing overlooking the courtyard.
These active uses shall be located at the same finished grade as the
courtyard.
g.
Required development components and application for site plan
approval.
1.
Along Chatham Road and along Woodland Road north of the courtyard/plaza,
the following shall be required:
(a)
Three levels of parking (with two levels of parking
below the grade of Chatham Road and one level at grade);
(b)
Medical office space at the grade of Chatham Road
(the first floor);
(c)
Residential apartments on the second and third
floors;
(d)
Residential amenity space on the first floor as
well as on the floor below the first floor (garage level), which will
front onto the required courtyard/plaza.
2.
Along Woodland Road south of the courtyard/plaza, the following
shall be required:
3.
Application shall be made for preliminary site plan approval
for the entire tract. Application for final site plan approval may
be made separately for a portion of the tract or simultaneously with
the application for preliminary site plan approval.
4.
Nothing contained herein shall preclude the phased construction
of the required development components as set forth in Subsection
g1 (Phase 1) and Subsection g2 (Phase 2) above.
5.
Any deviations from the design requirements set forth in Section
606.4j through k shall be considered as exceptions from the requirements
for site plan approval in accordance with N.J.S.A. 40:55D-51.
h.
Area, bulk and setback requirements.
1.
The minimum tract area shall be 1.5 acres.
2.
Required minimum building setbacks shall be as follows:
(a)
Along Chatham Road, the minimum setback shall be
seven feet, except for a permitted area of encroachment of up to 125
feet in length, as measured parallel to Chatham Road, from the westernmost
property line. Within this area of encroachment, the building may
be set back two feet from the property line.
(b)
Along the shared property line with Lot 76 in Block
1904, the minimum setback shall be one foot.
(c)
Along Woodland Road, the minimum setback shall
be eight feet, except for a permitted area of encroachment of up to
50 feet in length, as measured parallel to Woodland Road, from the
southernmost property line. Within this area of encroachment, the
building may be set back three feet from the property line.
(d)
Along the shared property line with Lot 107 in
Block 1904, the minimum setback shall be five feet.
(e)
Along the shared property line with Lot 77 in Block
1904, the minimum setback shall be seven feet.
3.
Building height. Building height shall be measured with respect
to the adjoining finished grade at each point around the building
perimeter and shall not exceed the permitted height at each specified
location. Height shall be measured to the deck level of the roof.
For purposes of measuring height, stairways, elevators, bulkheads
and similar rooftop mechanical appurtenances located above the deck
level of the roof shall be excluded from the building height calculation;
provided, however, that no such rooftop appurtenance shall exceed
the deck level of the roof by more than 12 feet.
(a)
Along the segment of the building fronting on Chatham
Road, the maximum height shall be 38 feet.
(b)
Along the segment of the building fronting on Woodland
Road north of the required courtyard/plaza, the maximum height shall
be 40 feet.
(c)
Along the segment of the building fronting on Woodland
Road south of the courtyard/plaza, the maximum height shall be 44
feet.
(d)
For all other segments of the building where there
are three levels of parking, the maximum height shall be 50 feet.
In addition, in no event shall there be three full levels of parking
exposed along any such segment of the building. Further, where more
than two levels of parking are exposed, the developer shall employ
landscape berms and/or planting materials to provide the appearance
that only two parking levels are exposed.
(e)
For all other segments of the building where there
is one level of parking, the maximum building height shall be 45 feet.
4.
Required building stepbacks along Woodland Road.
(a)
North of the courtyard/plaza, a stepback is required
at the top floor at the corner of the courtyard/plaza and Woodland
Road. Specifically, on the top floor a stepback from the courtyard/plaza
shall be provided with a minimum ten-foot depth (i.e., as measured
perpendicular to the facade facing the courtyard/plaza) and minimum
thirty-foot length (i.e., as measured parallel to the courtyard/plaza
and extending at a minimum along the length of a full unit and the
common hallway).
(b)
South of the courtyard/plaza, a stepback is required
at the top floor at the southerly corner of the building along Woodland
Road facing Lot 107 in Block 1904. Specifically, on the top floor
a stepback shall be provided with a minimum ten-foot depth (i.e.,
as measured perpendicular to the facade facing Lot 107 in Block 1904)
and minimum thirty-foot length (i.e., as measured parallel to this
same facade).
(c)
At the southerly end of the building, a stepback
is required at the top floor. Specifically, on the top floor a stepback
shall be provided with a minimum ten-foot depth (i.e., as measured
perpendicular to the facade facing Lot 107) and minimum thirty-foot
length (i.e., as measured parallel to this same facade).
|
Stepback areas shall be designed as terraces for one or more
adjoining residential units, with sliding patio or French doors from
the units, decorative flooring or paving, and a railing at the outer
edge for safety.
|
i.
Circulation and parking.
1.
Vehicular entry points. Two vehicular garage entries are permitted
from Chatham Road into the building. Both entry driveways shall be
located at the western end of the building, away from the corner of
Woodland Road. One vehicular garage entry from Woodland Road is permitted,
south of the required courtyard/plaza.
2.
Sidewalks. Sidewalks shall be provided along Chatham and Woodland
Roads.
4.
Parking garage. Each of the three permitted parking garage entries
shall not exceed 25 feet in width as measured at the garage door opening.
j.
Building design. The building should have a traditional appearance,
including a stone or masonry base, brick facades with white accents,
flat roof, a division into pedestrian-scaled bays, and generous detailing
at the roofline.
1.
Vertical articulation: bays.
(a)
Along all facades, the building shall be divided
into series of alternating major and minor bays.
(1)
A major bay is distinguished by having a significant
change in plane with respect to the adjoining minor bays, equivalent
to an outward projection at least two feet deep so as to create a
significant break in the mass. Major bays shall include flat roofs
and parapets that make them appear taller than adjoining minor bays.
Along the building segments fronting on Chatham Road and Woodland
Road north of the courtyard/plaza, each major bay shall range from
15 feet to 30 feet wide. Along the building segment fronting on Woodland
Road south of the courtyard/plaza, a wider variation in major bay
size is permitted, with each between 10 feet and 35 feet wide.
(2)
Minor bays, which alternate with major bays along
the facade, shall not exceed 50 feet in width. Minor bays shall have
the same level of detailing and transparency as major bays.
(3)
Where a major or minor bay is equal to or more
than 20 feet wide, it shall be visually divided into two to three
smaller vertical components, each averaging 10 feet to 15 feet wide,
by means of common window patterns, projecting bay or box windows,
recessed or projecting balconies, dormer windows on the top floor,
or other features.
2.
Horizontal articulation: base, middle, top.
(a)
The building shall be divided into a base, middle,
and top.
(1)
Base facade detailing. The base of the building
should be highlighted across the entire first level. While the primary
material on facades should be brick, a significant portion of the
ground-floor facade of the building (and principally on major bays)
shall be stone, simulated stone, or masonry in order to visually ground
the building. Along the segments of the building fronting on Chatham
Road and Woodland Road north of the courtyard/plaza, the ground-floor
facades of major bays shall be capped by a generously proportioned
projecting belt cornice. The office and residential entries shall
be recessed from the primary facade plane and accented with stone
or masonry detailing. Facade-mounted lighting shall be included on
both sides of entry doors.
(2)
Middle detailing. The middle of the building shall
include variations in plane by means of the major and minor bays,
as well as further architectural components such as bay windows and
Juliet balconies, to help create variety and visual interest.
(3)
Roofline detailing. Within each bay, the top of
the building shall be highlighted as the entire top floor or just
at the roofline. For major bays along the segments of the building
fronting on Chatham Road and Woodland Road north of the courtyard/plaza,
the roof shape of major bays shall be flat, and the roofline shall
include a tall, decorative parapet. For major bays along the segment
of the building fronting on Woodland Road south of the Courtyard/Plaza,
a cornice or a parapet shall be used to emphasize the top of major
bays. For minor bays, a simpler and visually receding roofline shall
be used on the top floor. For the segments of the building fronting
on Chatham Road and Woodland Road north of the courtyard/plaza, a
mansard or faux-mansard roof shape shall be used on minor bays, with
a shingled or metal-clad facing on the steeply pitched slope of the
mansard roof. For the segment of the building fronting on Woodland
Road south of the courtyard/plaza, a visually lighter-weight material
or design is encouraged on minor bays, such as wood or fiber-cement
cladding or metal paneling, and/or a higher proportion of window openings.
Alternately, a simple cornice, coping, or parapet may be used.
3.
Transparency. The window and door openings on each floor shall
together occupy between 25% and 50% of the facade area. Doors and
windows facing onto the courtyard/plaza shall have the same design
and level of detail as those on the street-facing facades.
(a)
Ground-floor entries along public streets. Pedestrian
building entries are required in the locations set forth below. All
such required entries shall comprise fully glazed double doors; side-lite
glazing is encouraged to further increase transparency at entries.
One prominent entry into the medical office space shall be provided
from Chatham Road. The main pedestrian entry and lobby to the residential
apartments north of the courtyard/plaza shall be located along Woodland
Road adjacent to the courtyard/plaza and at the same finished floor
level as the medical office entryway. This apartment entry shall be
accessed via stairs from Woodland Road connecting to a generous-width
stoop or porch. A projecting flat canopy shall be included to create
shelter and frame the doorway. South of the courtyard/plaza, at least
one individual unit entry, with stoop or porch facing and connecting
to Woodland Road, shall be provided for residential unit(s) near the
corner of the courtyard/plaza and Woodland Road at the same finished
floor level as the courtyard.
(b)
Ground-floor entries along the courtyard/plaza.
To keep the required courtyard/plaza occupied with human activity,
entries to and windows on adjoining uses are required. Along the north
side, at least one shared-use resident entry shall be provided, leading
into the fitness center or other common residential amenity space,
or to a common hallway. Along the west side (back of the courtyard/plaza),
a common-use residential corridor or hallway shall be provided, with
a generous proportion of window glazing affording views onto the courtyard.
Along the south side, a common entry door shall be provided for the
apartments; it is encouraged that this door be sited together with
a lobby to serve as the main pedestrian entryway for this side of
the building. The door and any associated lobby space shall be fully
glazed in order to strengthen the connection between interior space
and the courtyard. In addition, individual entries to residential
units at this level are encouraged along the courtyard, to help further
activate the space.
(c)
Windows.
(1)
Windows shall align vertically from floor to floor,
and the window widths and proportions should be the same at each level
within each bay. Windows shall have dimensional trim on all sides,
or at a minimum deep lintels and sills. All windows at all levels
shall be vertically proportioned. Two to three vertically proportioned
window units may be grouped together, separated by vertical mullions,
to create larger expanses of glazing. All windows at all levels shall
have a double-hung appearance and have divided lites, with each sash
of the window having a pattern of three wide by two tall, or similar.
(2)
Juliet balconies are encouraged on some bays as
a further means to create visual interest at windows and soften views
into interiors.
(d)
Blank walls. Along facades facing public streets,
the required courtyard/plaza, and Lot 107 in Block 1904, no area of
blank, windowless wall shall exceed 10 feet in width at any level.
4.
Materials. Primary permitted facade materials are brick, cultivated
stone or other masonry facing, fiber-cement siding, and metal. Stucco
is discouraged. EIFS is prohibited. The ground floor of buildings
should be brick or heavier-weight stone or masonry. White fiber-cement
clapboard or paneling shall be used as an accent material, particularly
on upper floors. Slate or simulated slate shingles or standing-seam
metal roofing should be used on mansard roof portions. Rubber roofs
are permitted for flat roofs. No more than three different materials
should be employed as primary materials on each bay's building facade.
Within the chosen primary materials, variation in color, texture,
and/or pattern may be employed to create further distinctions. The
level of materials, detailing and articulation should be consistent
along all facades, not just street-facing facades. Materials should
be extended around corners and extensions to a logical break in plane,
in order to avoid a "pasted on" appearance.
5.
Service areas.
(a)
Mechanical rooms. Where possible, mechanical, storage,
and other utilitarian rooms should be located at the interior or rear
of the building, rather than facing streets, sidewalks, the courtyard,
or other pedestrian areas. Where they must be located along an exterior,
street-facing or courtyard-facing wall of the building, they shall
maintain the overall pattern, proportion, and design of windows in
adjacent and upper facades, including divided lites; no large expanses
of blank walls are permitted.
(b)
Trash and refuse. Building trash and recycling
collection areas shall be fully contained within the garage. They
are prohibited immediately adjacent to an outer wall adjoining a public
street. They are prohibited immediately adjacent to the courtyard/plaza
unless they are separated by an active residential hallway.
(c)
Rooftop mechanical equipment. All major mechanical
equipment located on the roof shall be screened from view of all street-level
sidewalk vantage points along Chatham and Woodland Roads, using a
material harmonious to that used in the facade of the building.
6.
Parking garage entry design and screening.
(a)
Facade-mounted lighting shall be installed on either
side of each garage entry. A lintel shall be provided across each
garage opening to frame the opening and create the appearance of a
logical structural support.
(b)
Parking garage window openings. Garage window openings
are required along the entire street-facing facade along Woodland
Road south of the courtyard/plaza. Garage window openings shall have
a similar size and spacing as the windows in the building mass above
the parking level. Each garage window opening shall include a high-quality
metal mesh panel or grille with a decorative pattern or texture in
a dull or black metal finish.
(c)
Parking garage planting bed. To soften the ground-level
facades where the garage is exposed to Woodland Road, a raised planter
bed shall be required along the entire perimeter of the building south
of the courtyard/plaza. The only permitted breaks in the planter shall
be for a vehicular garage entry, a stoop to an individual apartment,
a pedestrian entry, or an emergency exit.
k.
Open space and landscaping.
1.
Courtyard design and landscaping. The required courtyard/plaza
along Woodland Road shall be surfaced with a mix of decorative hardscape
paving and landscaped vegetated areas. Lush landscaping with a mix
of low plantings, turf lawn areas, and shade trees is required. Seating
areas in sun and shade shall be provided, with a mix of fixed benches
and movable chairs and tables. Trash receptacles shall be provided.
Water features and shade structures are encouraged.
2.
Landscaping along street-facing frontages. Along all street
frontages, the required front setback area shall include in-ground
or raised planter beds, landscaped with a variety of grasses, flowers,
low bushes, and small ornamental trees, having a mix of deciduous
and evergreen plantings for year-round visual interest. The planting
bed shall be a minimum of three feet wide, measured horizontally and
perpendicular to the building facade, and shall include drip irrigation.
Low planters incorporating a seating wall are encouraged. Street trees
shall be provided within the public sidewalk right-of-way, spaced
at regular intervals of not more than 50 feet on center, in generously
dimensioned tree pits. A grass or landscaped planting strip, designed
to permit stormwater infiltration, is encouraged as part of the tree
planting area in the public sidewalk.
3.
Parking garage planter bed landscaping. Vegetation for the required
raised planter bed along the exposed garage frontage south of the
courtyard/plaza should be planted so as not to obstruct garage window
openings.
l.
Building signage.
1.
Medical office facade sign. One facade sign is permitted for
the medical office use along the Chatham Road frontage.
2.
Residential facade sign. One facade sign identifying the name
of the residential apartment building is permitted along the Woodland
Road frontage.
3.
Facade sign placement, size, and design. Facade signs should
not obscure architectural features of the building. They should be
located within the first-floor facade and not extend into the facade
of upper floors. The area of each permitted facade sign shall not
exceed 30 square feet. Recommended facade signage types include letters
painted on or affixed to a signage board; channel-cut, pin-mounted
individual letters; and box signs with light-colored lettering against
a dark, opaque background. Dimensional signs (such as carved relief
or individually pin-mounted lettering) are encouraged.
4.
Signage lighting. All facade signs shall be externally lit by
wall-mounted, focused, directional lights such as goose-neck lights
or sconces. The lighting source should be shielded and the bulb exposure
limited to that sufficient to illuminate the sign content.
5.
Directional and wayfinding signs.
606.4.2.
Residential Multi-Family Affordable Housing RMF —
AH2.
[Added 7-14-2020 by Ord.
No. 2557-20]
a.
Purpose. To provide for development of a multi-family inclusionary
building with a required set-aside for low- and moderate-income units.
b.
Permitted Principal Uses.
1.
Residential apartments; with optional associated amenities and
services, including but not limited to fitness center, screening room,
business center, balconies and terraces for individual units, and
other uses customarily associated with multi-family dwellings, provided
such accessory uses are subordinate to the principal use and serve
only the principal use. Notwithstanding the above, no residential
apartments shall occupy the ground floor along the building's Millburn
Avenue frontage.
2.
A minimum of 3,000 square feet of the ground floor space along
the building's Millburn Avenue frontage shall be devoted to any B-4
district permitted principal or conditional use, i.e., other than
residential.
c.
Accessory Uses.
1.
Off-street structured parking within the building.
2.
Any other use which is subordinate and customarily incidental
to the principal permitted use, including but not limited to leasing/sales/management
offices associated with residential apartments, maintenance areas,
and trash collection/recycling areas.
e.
Area, Bulk and Setback Requirements.
1.
The minimum tract area shall be 1.5 acres.
4.
Building height. Maximum permitted building height shall not
exceed 40 feet. In addition, maximum building height shall not exceed
three stories at the lowest-elevation finished grade along Millburn
Avenue and shall not exceed two stories at the highest-elevation finished
grade along Essex Street. A flat roof is required.
f.
Affordable Housing Requirements.
1.
If developed as rental apartments, a total of eight (8) units
shall be maintained as affordable units in compliance with applicable
New Jersey Council on Affordable Housing (COAH) rules and regulations
and Uniform Housing and Affordability Controls (UHAC). Such affordable
units shall include at least two three-bedroom units and no more than
two one-bedroom units. Four of the affordable units shall be set aside
for low-income households, and four shall be set aside for moderate-income
households, as defined by COAH and/or UHAC. In addition, one of the
four affordable units set aside for low-income households shall be
made available to very-low-income households, as defined by COAH and/or
UHAC.
2.
If developed as for-sale apartments, a total of 11 units shall
be maintained as affordable units in compliance with applicable New
Jersey Council on Affordable Housing (COAH) rules and regulations
and Uniform Housing and Affordability Controls (UHAC). Such affordable
units shall include at least three three-bedroom units and no more
than three one-bedroom units. Six of the affordable units shall be
set aside for low-income households, and five shall be set aside for
moderate-income households, as defined by COAH and UHAC. In addition,
two of the six affordable units set aside for low-income households
shall be made available to very-low-income households, as defined
by COAH and/or UHAC. The affordable units shall be integrated with
market rate units throughout the development.
g.
Circulation and Parking.
1.
Vehicular entry. One combined vehicular entrance for ingress
to and egress from structured parking is permitted along the Millburn
Avenue frontage. Said entrance shall be located a minimum of 100 feet
from the intersection of Millburn Avenue and Douglas Street. The driveway
and garage door each shall not exceed 24 feet in width. A second entrance
to structured parking is permitted along the Spring Street frontage.
2.
Sidewalks. Sidewalks shall be provided along all adjoining public
streets.
3.
Parking requirements. Residential parking shall be compliant
with RSIS, except that the Planning Board may consider a de minimis
exception from RSIS in recognition of the zone's proximity to the
Millburn train station. However, in no event shall the residential
parking ratio be less than 1.75 spaces per unit. A minimum of three
parking spaces shall be provided for the nonresidential space along
the building's Millburn Avenue frontage.
4.
Location and screening of parking. Parking shall be provided
only as structured parking within the first level of the building.
Tuck-under structured parking with open sidewalls is prohibited along
all public frontages.
(a)
Parking within the structure may not be located
within 25 feet of the front wall of the building facing Millburn Avenue,
except that where parking is located behind required ground floor
commercial space it shall be at least 35 feet from said front wall.
(b)
Where structured parking extends to the front facade
along the varying grade of Douglas Street, it shall be screened through
the use of prominent stoops or porches as set forth herein.
h.
Building Design and Massing.
1.
Pedestrian entries, stoops and porches. Pedestrian building
entries should be clearly visible and highlighted within the front
facade through projections, recessions, material changes, canopies,
overhangs, porches, stoops, and/or lighting. Specific requirements
for entry location and configuration shall include the following:
(a)
Shared/common entries. The primary shared pedestrian
entry to the building should be located at grade within a chamfered
corner at Millburn Avenue and Douglas Street. This entry should lead
to a large central lobby. A secondary shared entrance and lobby are
required on Essex Street, at grade with the sidewalk.
(b)
Lowest-level units along Douglas Street to screen
parking. In order to screen the parking garage along Douglas Street,
stoops or porches connecting to the public sidewalk are required for
all residential units on the second floor along Douglas Street, except
for any residences that are above the ground-floor lobby at the corner
of Douglas Street and Millburn Avenue.
(c)
Units along Essex Street. Along Essex Street, at
least two apartment units on the second level of the building (roughly
at grade) should have stoop or porch entries directly to the public
sidewalk.
2.
Ground floor commercial along Millburn Avenue. A segment of
the building frontage along Milburn Avenue shall include ground level
commercial space for one or more tenants comprising a total of at
least 3,000 square feet of gross floor area. The retail commercial
space should be at least 35 feet deep and shall maximize the interior
ceiling height to the extent practical. All entries to the commercial
space shall connect directly to the Millburn Avenue sidewalk, rather
than an internal mall-style entry.
3.
Articulation. All building facades facing public streets should
have articulated massing so as to create a smaller, human-scale, traditional
form that complements the character of downtown Millburn and harmonizes
with the adjacent residential neighborhood.
(a)
Facade proportion and expression by street
(1)
Along Douglas Street and Millburn Avenue. A building appearance
that is harmonious with the nearby single-family housing is encouraged
along Douglas Street and Millburn Avenue. Along these streets, the
building should present a townhouse form to the street, with a series
of tall, narrow bays. The width of each bay should be approximately
2/3 of the height. Placement of commercial storefront windows and
their enframing structure along Millburn Avenue should echo the townhouse-width
bays.
(2)
Along Essex Street. A larger-scale bay width is
acceptable and encouraged, such as is found in traditional downtown
civic, commercial or office buildings. Wider bays; short and thicker
massing elements; and wider, square, or horizontally proportioned
casement-style windows with divided lites are examples of the types
of massing and detailing encouraged for this style.
(b)
Corner emphasis. The most prominent articulation
of facades should place the focus on major pedestrian entryways and
corner elements. At the corner of Douglas Street and Millburn Avenue,
as well as at the corner of Douglas and Essex Streets, the building
should have more prominent corner bay massing, including chamfered
corners, taller and more elaborate rooflines such as from tall parapets
and deeply projecting cornices, shared entries and lobbies, stoops
or porches, and contrasting or accent materials.
(c)
Vertical articulation. Facades should be broken
down vertically so that they appear as a series of distinct bays.
The physical expression of each bay should extend through all levels,
including into any exposed parking levels and the roofline. Bays should
be defined through two approaches, dimensional variation and texture/pattern/material
variation, as follows:
(1)
Dimensional variation. Bay definition must include
variation by dimensional elements such as columns, pilasters, and
changes in facade plane such as setbacks, stepbacks, projections,
and recessions. Those distinguishing dimensional features should each
have a depth of at least one foot and a width of at least two feet,
so as to create significant shadow lines that help create a sense
of depth in the facade.
(2)
Texture, pattern and material variation. Bay definition
should also include textural, pattern, and/or material variation,
such as by the proportions and rhythm of window spacing, pattern of
balconies, variation in surface material and pattern, and downspouts
or expansion joints. Variation in color alone is not sufficient.
(d)
Horizontal articulation.
(1)
Base. The base of the building is the first level,
and on sloping grades may also include the second level. A visually
weighty material, such as brick or cast stone, should be used to anchor
the base of the building, including any exposed parking garage facades.
To define the base, overhangs, light shelves, or flat projecting canopies
are encouraged over building entrances and bordering lobbies and other
common-use areas. Entries should be flanked by sconce lights. The
base may include porches or stoops as discussed above. For commercial
storefronts, transom windows, flat canopies and decorative accents
such as tile-work trim and facade lighting are encouraged to provide
visual interest within the facade.
(2)
Middle. The middle of the building should be distinguished
from the base and top by horizontal belt courses or cornices, and/or
by changes in material, masonry, or fenestration pattern.
(3)
Top. he top of the building is the roofline and
should be emphasized with a parapet wall and/or balustrade, deep bracketed
cornice with a minimum six-inch projection, or sunshade (brise-soleil).
Roofs shall be flat. Corners and entry bays should be accented with
a more elaborate, deeper and/or higher roofline.
4.
Transparency
(a)
Entries.
(1)
The shared pedestrian entry at Millburn Avenue
and Douglas Street should be highlighted with an industrial-style
metal or glass overhang or canopy which may project up to six feet
from the facade plane.
(2)
The shared pedestrian entry on Essex Street should
include a fully glazed door. Double doors, side lites, full-height
windows, transoms, and other glazed features are encouraged to increase
the transparency at this entry.
(3)
Where a stoop or porch leading to an individual
unit door is required, it should meet the following requirements.
The stoop or porch should have a base of similar materials and expression
as the adjoining building facade. Railings should be substantial but
should allow views through to entry doors. Steps that project at right
angles to the building facade are encouraged. Steps that extend parallel
to the building are acceptable if necessary due to space constraints,
provided that they have a generous width and a shallow slope.
(b)
Windows.
(1)
Upper-story residential units should have windows
occupying at least 25% percent of that floor's facade area. Windows
that align vertically from floor to floor are encouraged. To the extent
practical, commercial storefront windows along Millburn Avenue should
occupy approximately 40% of the facade area and provide clear views
into the interior space.
(2)
No area of blank, windowless wall shall exceed
12 feet in width, including at garage levels. Where structured parking
areas extend to the outside building wall, they should be screened
by stoops or porches (as required above) and by window-like garage
openings with glazing or decorative grilles.
(3)
All windows and garage-window openings should have
dimensionality so as to create shadows and texture within the building
facade. At a minimum, all windows and garage-window openings should
have deep headers and sills; in addition, trim on all sides that projects
from the building facade is encouraged. Window glazing should be recessed
relative to the surrounding enframement. If divided lites are used,
they should include external members that cast shadows on the glass.
(4)
On any residential-styled facades, upper-story
windows should be vertically proportioned in order to harmonize with
the character of downtown Millburn. Vertically proportioned windows
may be clustered in pairs and triples to create larger, horizontally
proportioned expanses of windows within each bay.
5.
Materials.
(a)
Facade materials. Preferred facade materials are
brick veneer, cultivated stone, cast stone or other masonry facing;
fiber cement vertical siding panels, siding boards or shingles; and
wood, metal, and glass. No more than three different materials should
be employed as primary materials on a building facade. Within the
chosen primary materials, variation in color, texture and pattern
may be employed to create further distinctions. Use of secondary materials
for accent purposes is further permitted.
(b)
Window glazing. Windows for residences, lobbies,
commercial storefronts and shared common-use rooms on the ground floor
should have clear and nonreflective glass. Stained, translucent, or
decorative glass may only be used for transom and accent windows.
Windows on upper-level floors may be lightly tinted but should not
be mirrored. Window and door glazing for mechanical and related rooms
may be translucent (admitting light but not views) or opaque (such
as spandrel glass).
(c)
Application of materials. The quality and variety
of materials, detailing, and articulation should be consistent on
all facades. Materials should extend around corners and extensions
to a logical break in plane so as to avoid a pasted-on appearance.
Changes in materials across a vertical line should be made at an inside
corner or other logical change in building massing. Changes in materials
across a horizontal line should be delineated by a cornice, belt course,
expansion joint, or similar feature.
6.
Open space and landscaping.
(a)
Front setback and sidewalk landscaping.
(1)
Any required front setback area that is not used
as porch, stoop, or walkway along public streets should be landscaped
with a mix of lawn grasses, ornamental hedges and flowers, and shade
trees.
(2)
Any portion of the adjoining public right-of-way
that is not being used as a public sidewalk should be landscaped seamlessly
and in a similar fashion to the front setback.
(b)
Terrace over parking. The building should provide
a shared residential open space in the form of a roof deck terrace
over the parking garage. Access to the terrace should be readily available
to all building residents and prominently sited off a common hallway
or lobby. The terrace should include landscaping and a variety of
seating options. Buffer landscaping or low fencing should be provided
for privacy screening between the terrace and adjoining properties.
(c)
Individual private open space. Interior balconies
(i.e., balconies that do not face public streets) are encouraged as
a means to provide private outdoor space for some or all apartments.
Balconies should be recessed within a wider facade or within a projecting
bay, rather than projecting alone from the facade. Balconies should
be visually permeable, such as with vertical posts, horizontal wires,
or glass safety panels.
i.
Service Areas.
1.
Mechanical rooms. Where possible, mechanical, storage, and other
utilitarian rooms should be located at the interior or below-grade
portions of the building. Where they must be located along an exterior,
street-facing or courtyard-facing wall of the building, they should
maintain the overall pattern, proportion, and design of windows in
adjacent and upper facades.
2.
Rooftop mechanical equipment. All major mechanical equipment
located on the roof should be screened from view of all street-level
sidewalk vantage points along Millburn Avenue and Douglas and Essex
Streets, using a material harmonious to the building's facade design.
3.
Trash and refuse. Building trash and recycling collection areas
should be fully contained within the garage.
j.
Signage.
1.
Number and placement of residential facade signs. A total of
two facade signs identifying the name of the residential apartment
building are permitted, one along Millburn Avenue and one along Essex
Street. Facade signs should be placed in the sign band or entablature
that extends in a consistent zone across the first-level facade above
windows and doors; or be mounted as individual channel-cut letters
at the front edge of an entrance canopy. Facade signs should not obscure
architectural features of the building.
2.
Residential facade sign area and types. The area of each permitted
residential facade sign shall not exceed 30 square feet. Recommended
facade signage types include designs painted on or otherwise affixed
to a signage board; dimensional lettering; channel-cut letters; and
box signs with light-colored lettering against a dark, opaque background.
Dimensional signs (such as carved relief, individually pin-mounted
lettering or channel-cut letters) are encouraged.
3.
4.
Signage for ground floor commercial space along Millburn Avenue
shall comply with the requirement for the B-4 district as set forth
in Section 609.10 of the Township of Millburn Development Regulations
and Zoning Ordinance.
606.4.3.
Residential Multi-Family Affordable Housing RMF -
AH3.
[Added 11-9-2021 by Ord.
No. 2585-21]
a.
Purpose and Review. To provide for multi-family inclusionary
development a portion of Block 5302, Lot five consisting of not less
than five nor more than eight acres (the "property") consistent with
the concept plan included in the Township's August 19, 2021 Settlement
Agreement with Fair Share Housing Center with a required set aside
for low- and moderate-income units together with customary amenities
and maintenance spaces accessory to the residential use.
b.
Permitted Principal Uses.
1.
Residential apartments; with optional associated amenities and
services, including but not limited to clubhouse, fitness center,
screening room, dog play area, business center, balconies and terraces
for individual units, and other uses customarily associated with multi-family
dwellings, provided such accessory uses are subordinate to the principal
use and serve only the principal use. Rooftop decks and amenities
are prohibited as a principal use.
c.
Permitted Accessory Uses.
1.
Off-street structured parking within the building (i.e., at
grade and below grade) and surface parking that serve the residential
use.
2.
Any other use which is subordinate and customarily incidental
to the permitted principal use, including but not limited to leasing/sales/management
offices associated with residential apartments, maintenance areas,
and trash collection/recycling areas.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar energy generating facilities, green
roof, electric vehicle charging stations.
4.
Rooftop decks and amenities are prohibited as accessory uses.
d.
Maximum Development Yield.
1.
The total number of multi-family residential units permitted
in the overlay zone shall be not more than 195 total units, of which
20% shall be set aside for low- and moderate-income households.
2.
Of the 156 market units, no more than 48 units may be two-bedroom
with a den, no more than 48 units may be two-bedrooms without a den,
at least 28 units shall be one-bedrooms with a den, and at least 32
units shall be one-bedroom units. For purposes of this section, a
"den" shall be defined as a room with a door, but no closet, no direct
access to a bathroom, and is not to be used as a bedroom. A den may
or may not include a window. Any reduction in total units shall have
a proportionate adjustment of the bedroom distribution of the market
units.
e.
Affordable Housing Requirements.
1.
A total of 20% of the units shall be maintained as affordable
units in compliance with applicable New Jersey Council on Affordable
Housing (COAH) rules and regulations and Uniform Housing and Affordability
Controls (UHAC), as well as the Township's third round housing
element and fair share plan and affordable housing regulations. Assuming
that 195 apartment units are constructed, such affordable units shall
include eight three-bedroom units; 24 two-bedroom units; and seven
one-bedroom units as set forth in the applicable UHAC provisions.
Any reduction in total units shall have a proportionate adjustment
of the number of affordable units and the bedroom distribution of
the affordable units. Half of the affordable units shall be set aside
for low-income households, and the other half shall be set aside for
moderate-income households, as defined by COAH and/or UHAC. In addition,
13% of the affordable units, including 13% of the units in each bedroom
configuration, shall be made available to very-low-income households,
as defined by COAH and/or UHAC. The affordable units shall be integrated
with market rate units throughout the development.
f.
Development Application.
1.
Application shall be made for preliminary site plan and subdivision
approval for the entire portion of Block 5302, Lot five subject to
RMF-AH3 zoning (the "tract"). Application for final site plan and/or
subdivision approval may be made separately for a portion of the tract
or simultaneously with the application for preliminary site plan approval,
in the sole discretion of the developer.
2.
Nothing contained herein shall preclude the phased construction
of the required development components, provided that the construction
of the affordable housing units shall follow the schedule set forth
in N.J.A.C. 5:93-5.6(d).
3.
Nothing herein shall prevent the request of reasonable waivers,
deviations, and "c variances" from the Township Code during preliminary
or final site plan approval.
g.
Area, Bulk and Setback Requirements.
1.
The minimum tract area shall be five acres.
2.
Required minimum building setbacks shall be as follows:
(a)
Along JFK Parkway, the minimum setback shall be
30 feet.
(b)
Along the rear northerly property line adjacent
to the New Jersey American Water property, the minimum setback shall
be 20 feet.
(c)
Along the shared property line with Lot 3 in Block
5302, (103 Eisenhower) the minimum setback shall be 15 feet.
(d)
Along the easterly most property line adjacent
to New Jersey American Water property, the minimum setback shall be
50 feet.
3.
The maximum lot coverage shall be 90%.
4.
The maximum building coverage shall be 90%.
5.
Building Height.
(a)
Building height shall be measured with respect
to the adjoining finished grade at the building perimeter and shall
not exceed 60 feet. Height shall be measured to the deck level of
the roof. For purposes of measuring height, stairways, architectural
features (including parapet walls), elevators bulkheads and similar
rooftop mechanical appurtenances located above the deck level of the
roof shall be excluded from the building height calculation, provided,
however, that no such rooftop appurtenance shall exceed the deck level
of the roof by more than 12 feet.
h.
Circulation and Parking. Sections 607.3 and 607.5 of the Millburn
Township Code shall not apply in the RMF-AH3 Zone. The following standards
shall apply:
1.
Nothing herein shall prohibit or preclude access through existing
or modified drive aisles of neighboring properties, provided appropriate
cross easements are entered into by and among the involved property
owners.
2.
Vehicular Entry Points. One vehicular entry for residents and
visitors is permitted from JFK Parkway. Up to two entries for the
purpose of deliveries and resident move in/out are permitted from
JFK Parkway, provided each entry is not less than 100 feet from the
resident and visitor vehicular entry. This shall not include any permitted
easement access from neighboring property owners subject to county
approval.
3.
Parking Requirements. The required parking shall be not less
than 1.7 parking spaces per unit. Banked parking is encouraged where
feasible as determined by the Planning Board.
4.
Structured parking stall dimensions shall be a minimum of 8.5
feet wide and 18 feet deep.
5.
Surface parking spaces shall not be located between the building
and JFK Parkway, with the exception of vehicle parking (not loading)
located in and around an entrance courtyard. All parking areas shall
be adequately screened with plantings from JFK.
6.
Loading. Loading for resident move in/out shall be provided
on the site and not be located between the building and JFK Parkway.
One loading space per 100 units shall be provided. Adequate screening
of the loading areas with plantings shall be provided.
7.
Electric vehicle supply/service equipment and make-ready parking
spaces shall be provided consistent with P.L. 2021, c.171.
i.
Building Design.
1.
As viewed from JFK Parkway, the building shall include a stone
or masonry base, brick facades with white accents, flat roof, a division
into bays, and architectural detailing at the roofline.
2.
A significant break in the facade of the building(s) along JFK
Parkway, of not less than 50 feet deep, shall occur such that there
is a distance of not less than 60 feet between portions of the building
and no more than 125 units shall be on either side of the break.
3.
Residential amenity space may be located on any floor of the
building(s) but shall not be permitted on the roof (indoor and outdoor).
4.
Vertical articulation: Bays.
(a)
All facades of the building visible from JFK Parkway
shall be divided into series of alternating bays. A bay is distinguished
by having a change in plane of not less than one foot deep.
(b)
Where a flat roof is provided, the roofline of
the building visible from JFK Parkway shall not continue on the same
horizontal plane for a length that exceeds 100 feet.
(c)
Where a flat roof is not provided, the roof of
the building visible from JFK Parkway shall be interrupted with gables,
dormers, and/or other architectural techniques a minimum of every
100 feet.
5.
Horizontal articulation: the building shall be divided into
a base, middle, and roofline.
(a)
Base Facade Detailing. The base of the building
shall be highlighted across the entire first level. While the primary
material on facades shall be brick, a significant portion of the ground
floor facade of the building (and principally on major bays) shall
be stone, simulated stone, or masonry in order to visually ground
the building.
(b)
Middle Detailing. The middle of the building shall
include variations in plane by means of bays, as well as further architectural
components such as, but not limited to, bay windows and Juliet balconies,
to help create variety and visual interest.
(c)
Roofline Detailing. The roofline of the building
shall be highlighted with architectural details and/or a different
building material.
6.
Materials.
(a)
Primary permitted facade materials are brick, cultivated
stone or other masonry facing, fiber cement siding, and metal. Stucco
is prohibited. EIFS is prohibited. Fiber-cement clapboard or paneling
may be used as an accent material.
(b)
No more than four different materials should be
employed as primary materials on each bay's building facade.
Within the chosen primary materials, variation in color, texture,
and/or pattern may be employed to create further distinctions. The
level of materials, detailing and articulation shall be consistent
along all facades visible from JFK Parkway. Materials shall be extended
around corners and extensions to a logical break in plane, in order
to avoid a "pasted on" appearance.
(c)
Rubber roofs are permitted only for flat roofs.
7.
Parking Structure.
(a)
Structured parking entries shall not be accessed
from a building wall which is parallel, or approximately parallel,
to JFK Parkway.
(b)
Structured parking entries shall not exceed 35
feet in width as measured at the garage door opening.
(c)
Structured parking shall not exceed one level and
shall be located beneath up to three floors of residential units and
associated amenity space.
(d)
Not more than one story of structured parking shall
be visible from JFK Parkway.
(e)
Any portion of a structured parking visible from
JFK Parkway shall be screened by structural elements that are compatible
with the materials and design of the front and side building facades.
8.
Service Areas.
(a)
Mechanical Rooms. Where possible and as permitted
by the utility providers, mechanical, storage, and other utilitarian
rooms shall be located at the interior or rear of the building, rather
than facing streets, sidewalks, the courtyard, or other pedestrian
areas. Where they must be located along an exterior, street-facing
or courtyard-facing wall of the building, they shall maintain the
overall pattern, proportion, and design of windows in adjacent and
upper facades, including divided lites; no large expanses of blank
walls are permitted.
(b)
Trash and Refuse. Building trash and recycling
collection areas shall either be fully contained within the building,
including the parking structure, or adequately screened from public
view through a combination of solid fencing and plantings.
j.
Landscaping.
1.
The site's frontage along JFK Parkway shall be landscaped
with a variety of grasses, flowers, low bushes, ornamental trees,
and shade trees, having a mix of deciduous and evergreen plantings
for year-round visual interest. The planting bed shall be a minimum
of 10 feet wide, measured horizontally and perpendicular to the building
facade, and shall include drip irrigation.
2.
Street trees shall be spaced at regular intervals along JFK
Parkway of not more than 50 feet on center.
k.
Building Signage.
1.
Wall Graphics. One wall graphic shall be permitted on each residential
apartment building.
2.
Wall graphic placement, size, and design. Facade signs shall
not obscure architectural features of the building. The area of the
permitted facade sign shall not exceed 60 square feet or 10% of the
facade area, whichever is less. Recommended facade signage types include
letters painted on or affixed to a signage board; channel-cut, pin-mounted
individual letters; and box signs with light-colored lettering against
a dark, opaque background. Dimensional signs (such as carved relief
or individually-pin-mounted lettering) are encouraged.
3.
Lighting. All wall graphics shall be either externally lit by
wall-mounted, focused, directional lights such as goose neck lights
or sconces with the lighting source shielded and the bulb exposure
limited to that sufficient to illuminate the sign content or internally
illuminated channel letters.
4.
Directional and Wayfinding Graphics.
5.
Ground Graphic. One externally illuminated monument sign along
JFK Parkway shall be permitted. Such monument sign shall not exceed
40 square feet and shall not be taller than six feet from its base.
The base area shall be well landscaped.
606.4.4.
Residential Multi-Family Affordable Housing RMF -
AH4.
[Added 11-9-2021 by Ord.
No. 2593-21]
a.
Purpose and Review. To provide for multi-family inclusionary
development consistent with the concept plan included in the Township's
August 19, 2021 Settlement Agreement with Fair Share Housing Center
with a required set aside for low- and moderate-income units together
with customary amenities and maintenance spaces accessory to the residential
use.
b.
Permitted Principal Uses.
1.
Residential apartments; with optional associated amenities and
services, including but not limited to clubhouse, interior courtyards,
fitness center, screening room, business center, and other uses customarily
associated with multi-family dwellings, provided such accessory uses
are subordinate to the principal use and serve only the principal
use. Rooftop decks and rooftop amenities are prohibited.
c.
Permitted Accessory Uses.
1.
Off-street structured parking within the building (i.e., at
grade and below grade) and surface parking that serve the residential
use.
2.
Any other use which is subordinate and customarily incidental
to the permitted principal use, including but not limited to leasing/sales/management
offices associated with residential apartments, maintenance areas,
and trash collection/recycling areas.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar energy generating facilities, green
roof, electric vehicle charging stations.
4.
Rooftop decks and rooftop amenities are prohibited as accessory
uses.
d.
Maximum Development Yield.
1.
The total number of multi-family residential units permitted
in the district shall be 150, of which 20% shall be set aside for
low- and moderate-income households.
2.
Not more than 54% of the market rate units shall be two-bedroom
units; the remaining market rate units shall be one-bedroom units
or studio units.
e.
Affordable Housing Requirements.
1.
A total of 20% of the units shall be maintained as affordable
units in compliance with applicable New Jersey Council on Affordable
Housing (COAH) rules and regulations and Uniform Housing and Affordability
Controls (UHAC), as well as the Township's housing element and
fair share plan and affordable housing regulations. Half of the affordable
units shall be set aside for low-income households, and the other
half shall be set aside for moderate income households, as defined
by COAH and/or UHAC. In addition, 13% of the affordable units, including
13% of the units in each bedroom configuration, shall be made available
to very-low-income households, as defined by COAH and/or UHAC. The
affordable units shall be integrated with market rate units throughout
the development.
f.
Site Plan Application.
1.
Development of the site, as depicted in any site plan for preliminary
or final site plan approval, shall be similar to the Concept Plan
for Block 705, Lot 2 included in the Township's August 19, 2021
Settlement Agreement with Fair Share Housing Center, with the exception
of necessary adjustments to account for site engineering and architecture
consistent with this ordinance.
2.
Nothing herein shall prevent the request of reasonable waivers,
deviations, and variances (excepting use variances) from the Township
Code during preliminary or final site plan approval.
g.
Area, Bulk and Setback Requirements.
1.
The minimum tract area shall be two acres.
2.
The required minimum building setback to Millburn Avenue shall
be 10 feet. For the purposes of this ordinance, the Millburn Avenue
right-of-way shall be defined as extending a distance of 250 feet
from the easternmost property line.
3.
The required minimum building setback to Essex Street shall
be 10 feet, provided, however that 170 feet of building shall have
a minimum permitted setback of not less than five feet from the contiguous
property line and 70 feet of building shall have a minimum permitted
setback of not less than two feet from the contiguous property line.
For the purposes of this ordinance, the Essex Street right-of-way
shall be defined as beginning at the curve onto Essex Street, a distance
of 250 feet from the easternmost property line.
4.
The required minimum building setback to the eastern property
line shall be 10 feet, provided, however that 105 feet of building
shall have a minimum permitted setback of not less than three feet
to the eastern property line.
5.
The required minimum building setback to railway line shall
be one foot.
6.
The maximum building height shall be four stories and 48 feet.
Building height shall be measured from eight inches below finished
floor to the deck level of the roof above. For purposes of measuring
height, stairways, architectural features (including parapet walls),
elevators bulkheads and similar rooftop mechanical appurtenances located
above the deck level of the roof shall be excluded from the building
height calculation, provided, however, that no such rooftop appurtenance
shall exceed the deck level of the roof by more than 12 feet. At no
point shall the distance between finished floor and adjacent grade
exceed five feet.
7.
The maximum lot coverage shall be 90%.
8.
The maximum building coverage shall be 90%.
h.
Circulation and Parking.
1.
Nothing herein shall prohibit or preclude access through existing
or modified drive aisles of neighboring properties, provided appropriate
easements are entered into by and among the involved property owners.
2.
Vehicular Entry Points. Vehicle access shall only be provided
from Essex Street.
3.
Parking Requirements. The required parking shall be not less
than 1.3 spaces per unit.
4.
Structured parking stall dimensions shall be a minimum of 8.5
feet wide and 18 feet deep.
5.
Surface parking spaces shall not be located between a building
and a public street.
6.
Loading. All loading for resident move in/out and deliveries
shall be provided on the site and shall be screened from view using
plantings and/or a wall to the extent practicable. One loading space
shall be provided, one of which shall have a dimension of not less
than 10 feet by 35 feet.
7.
Electric vehicle supply/service equipment and make-ready parking
spaces shall be provided consistent with P.L. 2021, c. 171.
i.
Building Design.
1.
As viewed from a public street or residentially zoned lands,
the building shall include a stone or masonry base, brick facades
with accents, flat roof, a division into bays, and architectural detailing
at the roofline.
2.
Roof top amenity space is prohibited. The building roof may
only be utilized for mechanical equipment and solar energy generating
facilities.
3.
Vertical Articulation.
(a)
All facades of the building, excluding parking
structures, visible from a public street or residentially zoned lands
shall be divided into series of alternating bays. A bay is distinguished
by having a change in plane of not less than one foot deep.
(b)
Where a flat roof is provided, the parapet of the
building, excluding parking structures, visible from a public street
or residentially zoned lands shall not continue on the same horizontal
plane for a length that exceeds 100 feet.
(c)
Where a flat roof is not provided, the roof of
the building, excluding parking structures, visible from a public
street or residentially zoned lands shall be interrupted with gables,
dormers, and/or other architectural techniques a minimum of every
100 feet.
4.
Horizontal articulation: the building shall be divided into
a base, middle, and roofline.
(a)
Base Facade Detailing. The base of the building
should be highlighted across the entire first level. While the primary
material on facades should be brick, a significant portion of the
ground floor facade of the building (and principally on major bays)
shall be stone, simulated stone, or masonry in order to visually ground
the building.
(b)
Middle Detailing. The middle of the building shall
include variations in plane by means of bays, as well as further architectural
components such as, but not limited to, bay windows and Juliet balconies,
to help create variety and visual interest.
(c)
Roofline Detailing. The roofline of the building
shall be highlighted with architectural details and/or a different
building material.
5.
Materials.
(a)
Primary permitted facade materials are brick, cultivated
stone or other masonry facing, fiber cement siding, and metal. Stucco
is discouraged. EIFS is prohibited. Fiber-cement clapboard or paneling
may be used as an accent material.
(b)
No more than four different materials should be
employed as primary materials on each bay's building facade.
Within the chosen primary materials, variation in color, texture,
and/or pattern may be employed to create further distinctions. The
level of materials, detailing and articulation should be consistent
along all facades visible from a public street or residentially zoned
lands. Materials should be extended around corners and extensions
to a logical break in plane, in order to avoid a "pasted on" appearance.
(c)
Rubber roofs are permitted only for flat roofs.
6.
Parking Structure.
(a)
Structured parking entries shall not exceed 35
feet in width as measured at the garage door opening.
(b)
Any portion of structured parking visible from
a public street or residentially zoned lands shall have the vehicles
screened by structural elements that are compatible with the materials
and design of the front and side building facades.
7.
Service Areas.
(a)
Mechanical Rooms. Where possible and as permitted
by the utility providers, mechanical, storage, and other utilitarian
rooms should be located at the interior or rear of the building, rather
than facing streets, sidewalks, the courtyard, or other pedestrian
areas. Where they must be located along an exterior, street-facing
or courtyard-facing wall of the building, they shall maintain the
overall pattern, proportion, and design of windows in adjacent and
upper facades, including divided lites; no large expanses of blank
walls are permitted.
(b)
Trash and Refuse. Building trash and recycling
collection areas shall be fully contained within the building and
parking structure.
j.
Landscaping.
1.
All portions of the building along the public street shall have
a planted edge treatment consisting of a variety of grasses, flowers,
low bushes, ornamental trees and/or shade trees, having a mix of deciduous
and evergreen plantings for year-round visual interest. The planting
bed shall be a minimum of two feet wide, measured horizontally and
perpendicular to the building facade, and shall include drip irrigation.
2.
Street trees shall be spaced at regular intervals of not more
than 50 feet on center.
k.
Building Signage.
1.
Wall graphics. One wall graphic per street frontage shall be
permitted.
2.
Facade Sign Placement, Size, and Design. Facade signs shall
not obscure architectural features of the building. The area of the
permitted facade sign shall not exceed 30 square feet or 10% of the
facade area, whichever is less. Recommended facade signage types include
letters painted on or affixed to a signage board; channel-cut, pin-mounted
individual letters; and box signs with light-colored lettering against
a dark, opaque background. Dimensional signs (such as carved relief
or individually-pin-mounted lettering) are encouraged.
3.
Signage Lighting. All facade signs shall be either externally
lit by wall-mounted, focused, directional lights such as goose neck
lights or sconces with the lighting source shielded and the bulb exposure
limited to that sufficient to illuminate the sign content or internally
illuminated channel letters.
4.
Directional and Wayfinding Signs.
5.
Ground graphics (monument or freestanding signs) are prohibited.
606.5.
Regional Business B-1.
a.
Purpose. To provide an area for regional
shopping facilities.
c.
Accessory Uses. Parking and loading areas.
d.
Area and Setback Requirements.
1.
Minimum lot area: 15 acres.
2.
Minimum side and rear setbacks: one
feet for every foot in building height.
3.
Minimum front setback: 100 feet from
Morris and Essex Turnpike and John F. Kennedy Parkway; two feet for
every foot in building height for all other frontages.
4.
Maximum building coverage: 50%.
5.
Maximum gross leasable area (GLA):
1,400,000 square feet.
[Ord. No. 2259-05]
6.
Maximum lot coverage: 90%.
7.
Maximum building height: 60 feet.
8.
No surface parking area shall be
closer than five feet to a street line.
9.
Structured parking shall be permitted,
however, each portion of the parking structure shall be set back from
the property line 2.0 feet for every one foot in height by which the
elevation of that portion is located above the elevation at such property
line.
[Ord. No. 10-91]
e.
Other Requirements. Any setback encroachment
lawfully existing on May 1, 1991 shall be deemed permitted and to
the extent then existing shall be exempt from the setback requirements
of this Section 606.5.
[Ord. No. 10-91]
f.
Permanent Vendor Displays.
[Ord. No. 2510-18]
1.
Permanent vendor displays consisting
of fixed, unmovable installations used for the sale of goods or services,
including specialty foods and beverages, and attended to by an on-site
sales person(s), shall be permitted within the common area of a regional
shopping facility provided, however, that any equipment proposed to
be used for cooking or warming of food in ovens other than a microwave
shall be in compliance with applicable health and safety codes and
shall be subject to the approval of the Township's Construction Official.
2.
The total number of permanent vendor
displays shall not exceed five and no individual permanent vendor
display shall exceed 300 square feet in area.
3.
Permanent vendor display installations
shall be located adjacent to escalator stairs, ramps or other locations
that shall not impede or restrict safe pedestrian passage through
the common area of a regional shopping facility. The installation
of any permanent vendor display shall require a subcode UCC permit
as well as any other permit required to comply with applicable health
and safety codes and shall be subject to the approval of the Township's
Construction Official.
4.
Temporary and/or non-permanent vendor
displays consisting of non-fixed, movable installations used for the
sale of goods and services, including freestanding kiosks, carts or
retail mobile units with or without wheels, and attended to by an
on-site sales person(s), shall be prohibited.
5.
Planning Board approval shall not
be required in connection with the installation of any permanent vendor
display provided it is in compliance with all of the standards established
herein.
g.
Outdoor Display of For Sale Merchandise.
[Ord. No. 2510-18]
1.
Outdoor display of for sale merchandise
shall be restricted to a patio area connected to a home furnishing
establishment having a minimum of 30,000 square feet of gross leasable
area (GLA).
2.
No storage of merchandise or inventory
shall be permitted within the outdoor display patio and only merchandise
intended for outdoor use shall be displayed. The display of merchandise
within the outdoor patio area during non-operating hours when the
home furnishing establishment is closed for business shall not be
deemed as storage.
3.
The outdoor display patio shall be
limited to no more than 700 square feet in size.
4.
Access to the outdoor display patio
shall be from the interior of the home furnishing establishment only.
5.
The outdoor display patio shall not
interfere with pedestrian or vehicular access to or from a regional
shopping facility and shall not be located adjacent to any building
entrance that is directly accessed from a parking structure.
6.
Planning Board approval shall not
be required in connection with any outdoor display patio provided
it is in compliance with all of the standards established herein.
606.6.1.
Highway Business B-2A.
[Added 7-19-2022 by Ord.
No. 2606-22[2]]
a.
Purpose. To provide for the continuation of established business
as well as promoting investment in new commercial and residential
activity to serve community needs.
b.
Permitted Principal Uses.
1.
Retail sales and retail services.
2.
Offices, including co-working or shared work space, and financial
institutions.
3.
Medical offices.
4.
Health and fitness facilities.
5.
Showrooms.
6.
Pet care and grooming.
7.
Indoor commercial recreation.
8.
Educational play centers.
9.
Instructional schools and studios.
10.
Art studios and galleries.
11.
Restaurants, fast-food restaurants, retail food establishments,
brewpubs and eating and drinking places, provided the closest part
of any structure so used, exclusive of parking and loading areas,
is not less than 125 feet from the nearest lot line of a single-family
dwelling in a residential district, except that no such requirement
shall apply where said lot line is separated by a street or railroad
right-of-way. Drive-up windows shall not be permitted.
12.
Multifamily housing developments.
13.
Any combination of the permitted principal uses.
c.
Accessory Uses.
1.
Parking and loading areas, including off-street structured facilities
within the building (i.e., at or below grade).
2.
Indoor and outdoor residential amenity space, except for rooftop
decks and other rooftop amenities.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar-energy-generating facilities, green
roof, and electric vehicle supply equipment.
4.
Any other use which is subordinate and customarily incidental
to multifamily housing developments, and the use of which is limited
to building occupants and management.
5.
Any other use which is subordinate and customarily incidental
to a nonresidential use.
d.
Conditional Uses. Restaurants, fast-food restaurants, retail
food establishments, brewpubs and eating and drinking places where
the closest part of the structure is less than 125 feet from the nearest
lot line of a single-family dwelling in a residential district, except
that no such requirement shall apply where said lot line is separated
by a street or railroad right-of-way. Drive-up windows shall not be
permitted. This Section 606.6d shall apply only to lots abutting on
primary and secondary roadways as shown in the Traffic Circulation
Plan Element of the Master Plan. The following conditional use standards
shall apply:
1.
All refuse shall be stored either within the building or within
an enclosed area that is screened from view of adjacent residential
dwellings by landscaping, fencing or both and is located outside of
a required buffer area. Any refuse stored outside of the building
shall be enclosed in durable containers with a latching or locking
mechanism.
2.
Development shall comply with the buffer requirements established
under Section 609.3 herein.
3.
Commercial grade air filtration/odor reduction devices shall
be employed to minimize odors from on-premises cooking/frying. Hoods
shall be designed in accordance with the International Mechanical
Code (IME), Chapter 507, and shall be designed to capture and confine
cooking vapors and residues through a filtering device.
4.
Site lighting shall not be located within a required buffer
and shall be designed to avoid up-lighting or a halo effect with fixtures
incorporating shields/cut-offs to prevent spillage onto adjacent residential
properties.
5.
The customer entrance shall be from the front of the building
(i.e., facing the street).
6.
No outdoor seating shall be permitted in the rear of the building.
f.
Maximum Development Yield: Multifamily housing developments
shall not exceed a density of 18 dwelling units per acre.
g.
Other Provisions.
1.
Parking shall not be permitted in any front yard, and parking
sited within a podium shall be screened from the public right-of-way
by a building liner. Such building liner shall be a minimum of 30
feet in depth.
2.
All residential developments shall include an on-site affordable
housing set-aside of 20% of the total number of units. The affordable
housing units shall comply with the Township's affordable housing
regulations and the Uniform Housing Affordability Control Rules (N.J.A.C.
5:80-26.1 et seq.), which shall control in the case of any conflicts
with this section, as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). Compliance shall include but is not limited to the following:
required bedroom and income distribution, with the sole exception
that 13% of the affordable units within each bedroom distribution
shall be required to be for very-low-income households earning 30%
or less of median income pursuant to the Fair Housing Act, affordability
controls of at least 30 years, phasing in compliance with N.J.A.C.
5:93-5.6(d), and affirmative marketing, including posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with P.L. 2020, c. 51.[3] Additionally, the affordable units shall be integrated
with the market-rate units. In buildings with multiple-dwelling units,
the affordable units shall be generally distributed within each building
with market units, and the affordable units shall not be concentrated
in separate buildings or in separate areas or floors from the market-rate
units. The residents of the affordable units shall have full and equal
access to all of the entryways, amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
[3]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
[2]
Editor's Note: This ordinance also redesignated former
Section 606.6.1 as Section 606.6.4.
606.6.2.
Highway Business B-2B.
[Added 7-19-2022 by Ord.
No. 2606-22]
a.
Purpose. To provide for the continuation of established business
as well as promoting investment in new commercial and residential
activity to serve community needs.
b.
Permitted Principal Uses.
1.
Retail sales and retail services.
2.
Offices, including co-working or shared work space, and financial
institutions.
3.
Medical offices.
4.
Health and fitness facilities.
5.
Showrooms.
6.
Pet care and grooming.
7.
Indoor commercial recreation.
8.
Educational play centers.
9.
Instructional schools and studios.
10.
Art studios and galleries.
11.
Restaurants, fast-food restaurants, retail food establishments,
brewpubs and eating and drinking places, provided the closest part
of any structure so used, exclusive of parking and loading areas,
is not less than 125 feet from the nearest lot line of a single-family
dwelling in a residential district, except that no such requirement
shall apply where said lot line is separated by a street or railroad
right-of-way. Drive-up windows shall not be permitted.
12.
Multifamily housing developments.
13.
Any combination of the permitted principal uses.
c.
Accessory Uses.
1.
Parking and loading areas, including off-street structured facilities
within the building (i.e., at or below grade).
2.
Indoor and outdoor residential amenity space.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar-energy-generating facilities, green
roof, and electric vehicle supply equipment.
4.
Any other use which is subordinate and customarily incidental
to multifamily housing developments, and the use of which is limited
to building occupants and management.
5.
Any other use which is subordinate and customarily incidental
to a nonresidential use.
d.
Conditional Uses. Restaurants, fast-food restaurants, retail
food establishments, brewpubs and eating and drinking places where
the closest part of the structure is less than 125 feet from the nearest
lot line of a single-family dwelling in a residential district, except
that no such requirement shall apply where said lot line is separated
by a street or railroad right-of-way. Drive-up windows shall not be
permitted. This Section 606.6.2d shall apply only to lots abutting
on primary and secondary roadways as shown in the Traffic Circulation
Plan Element of the Master Plan. The following conditional use standards
shall apply:
1.
All refuse shall be stored either within the building or within
an enclosed area that is screened from view of adjacent residential
dwellings by landscaping, fencing or both and is located outside of
a required buffer area. Any refuse stored outside of the building
shall be enclosed in durable containers with a latching or locking
mechanism.
2.
Development shall comply with the buffer requirements established
under Section 609.3 herein.
3.
Commercial grade air filtration/odor reduction devices shall
be employed to minimize odors from on-premises cooking/frying. Hoods
shall be designed in accordance with the International Mechanical
Code (IME), Chapter 507, and shall be designed to capture and confine
cooking vapors and residues through a filtering device.
4.
Site lighting shall not be located within a required buffer
and shall be designed to avoid up-lighting or a halo effect with fixtures
incorporating shields/cut-offs to prevent spillage onto adjacent residential
properties.
5.
The customer entrance shall be from the front of the building
(i.e., facing the street).
6.
No outdoor seating shall be permitted in the rear of the building.
f.
Maximum Development Yield: Multifamily housing developments
shall not exceed a density of 18 dwelling units per acre.
g.
Other Provisions.
1.
Parking shall not be permitted in any front yard, and parking
sited within a podium shall be screened from the public right-of-way
by a building liner. Such building liner shall be a minimum of 30
feet in depth.
2.
All residential developments shall include an on-site affordable
housing set-aside of 20% of the total number of units. The affordable
housing units shall comply with the Township's affordable housing
regulations and the Uniform Housing Affordability Control Rules (N.J.A.C.
5:80-26.1 et seq.), which shall control in the case of any conflicts
with this section, as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301
et seq). Compliance shall include but is not limited to the following:
required bedroom and income distribution, with the sole exception
that 13% of the affordable units within each bedroom distribution
shall be required to be for very-low-income households earning 30%
or less of median income pursuant to the Fair Housing Act, affordability
controls of at least 30 years, phasing in compliance with N.J.A.C.
5:93-5.6(d), and affirmative marketing, including posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with P.L. 2020, c. 51.[4] Additionally, the affordable units shall be integrated
with the market-rate units. In buildings with multiple dwelling units,
the affordable units shall be generally distributed within each building
with market units, and the affordable units shall not be concentrated
in separate buildings or in separate areas or floors from the market-rate
units. The residents of the affordable units shall have full and equal
access to all of the entryways, amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
[4]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
606.6.3.
Highway Business B-2C.
[Added 7-19-2022 by Ord.
No. 2606-22]
a.
Purpose. To provide for the continuation of established business
as well as promoting investment in new commercial and residential
activity to serve community needs.
b.
Permitted Principal Uses.
1.
Retail sales and retail services.
2.
Offices, including co-working or shared work space, and financial
institutions.
3.
Medical offices.
4.
Health and fitness facilities.
5.
Showrooms.
6.
Pet care and grooming.
7.
Indoor commercial recreation.
8.
Educational play centers.
9.
Instructional schools and studios.
10.
Art studios and galleries.
11.
Restaurants, fast-food restaurants, retail food establishments,
brewpubs and eating and drinking places, provided the closest part
of any structure so used, exclusive of parking and loading areas,
is not less than 125 feet from the nearest lot line of a single-family
dwelling in a residential district, except that no such requirement
shall apply where said lot line is separated by a street or railroad
right-of-way. Drive-up windows shall not be permitted.
12.
Multifamily housing developments.
13.
Any combination of the permitted principal uses.
c.
Accessory Uses.
1.
Parking and loading areas, including off-street structured facilities
within the building (i.e., at or below grade).
2.
Indoor and outdoor residential amenity space.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar-energy-generating facilities, green
roof, and electric vehicle supply equipment.
4.
Any other use which is subordinate and customarily incidental
to multifamily housing developments, and the use of which is limited
to building occupants and management.
5.
Any other use which is subordinate and customarily incidental
to a nonresidential use.
d.
Conditional Uses. Restaurants, fast-food restaurants, retail
food establishments, brewpubs and eating and drinking places where
the closest part of the structure is less than 125 feet from the nearest
lot line of a single-family dwelling in a residential district, except
that no such requirement shall apply where said lot line is separated
by a street or railroad right-of-way. Drive-up windows shall not be
permitted. This Section 606.6.3d shall apply only to lots abutting
on primary and secondary roadways as shown in the Traffic Circulation
Plan Element of the Master Plan. The following conditional use standards
shall apply:
1.
All refuse shall be stored either within the building or within
an enclosed area that is screened from view of adjacent residential
dwellings by landscaping, fencing or both and is located outside of
a required buffer area. Any refuse stored outside of the building
shall be enclosed in durable containers with a latching or locking
mechanism.
2.
Development shall comply with the buffer requirements established
under Section 609.3 herein.
3.
Commercial grade air filtration/odor reduction devices shall
be employed to minimize odors from on-premises cooking/frying. Hoods
shall be designed in accordance with the International Mechanical
Code (IME), Chapter 507, and shall be designed to capture and confine
cooking vapors and residues through a filtering device.
4.
Site lighting shall not be located within a required buffer
and shall be designed to avoid up-lighting or a halo effect with fixtures
incorporating shields/cut-offs to prevent spillage onto adjacent residential
properties.
5.
The customer entrance shall be from the front of the building
(i.e., facing the street).
6.
No outdoor seating shall be permitted in the rear of the building.
e.
f.
Maximum Development Yield: Multifamily housing developments
shall not exceed a density of 40 dwelling units per acre.
g.
Other Provisions.
1.
Parking shall not be permitted in any front yard, and parking
sited within a podium shall be screened from the public right-of-way
by a building liner. Such building liner shall be a minimum of 30
feet in depth.
2.
All residential developments shall include an on-site affordable
housing set-aside of 20% of the total number of units. The affordable
housing units shall comply with the Township's affordable housing
regulations and the Uniform Housing Affordability Control Rules (N.J.A.C.
5:80-26.1 et seq.), which shall control in the case of any conflicts
with this section, as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). Compliance shall include but is not limited to the following:
required bedroom and income distribution, with the sole exception
that 13% of the affordable units within each bedroom distribution
shall be required to be for very-low-income households earning 30%
or less of median income pursuant to the Fair Housing Act, affordability
controls of at least 30 years, phasing in compliance with N.J.A.C.
5:93-5.6(d), and affirmative marketing, including posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with P.L. 2020, c. 51.[5] Additionally, the affordable units shall be integrated
with the market-rate units. In buildings with multiple dwelling units,
the affordable units shall be generally distributed within each building
with market units, and the affordable units shall not be concentrated
in separate buildings or in separate areas or floors from the market-rate
units. The residents of the affordable units shall have full and equal
access to all of the entryways, amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
[5]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
606.6.4.
Neighborhood Business
B-3.
a.
Purpose. To provide for small scale
commercial activities serving the needs of residents of the surrounding
area.
b.
Permitted Principal Uses.
[Amended 10-2-2019 by Ord. No. 2543-19]
1.
Retail sales and retail services with food stores limited in
size to 15,000 square feet and all other retail activities limited
in size to 5,000 square feet.
2.
Offices and financial institutions.
3.
Residential, but not on the ground floor.
4.
Showrooms.
5.
Educational play centers.
6.
Instructional schools and studios.
7.
Art studios and galleries.
8.
Restaurants, fast food restaurants, retail food establishments
and eating and drinking places provided the closest part of any structure
so used, exclusive of parking and loading areas, is not less than
125 feet from the nearest lot line of a single-family dwelling in
a residential district, except that no such requirement shall apply
where said lot line is separated by a street or railroad right-of-way.
This subsection shall apply only to lots abutting on primary and secondary
roadways as shown in the Traffic Circulation Plan Element of the Master
Plan. Drive-up windows shall not be permitted.
[Added 6-15-2021 by Ord. No. 2577-21]
c.
Accessory Uses.
1.
Any accessory structure or use customarily
subordinate and incidental to a permitted principal or conditional
use.
2.
Parking, parking lots, parking facilities,
loading areas, and access drives shall be permitted accessory uses,
but only for a principal or conditional use which lies entirely within
the Township of Millburn.
d.
Conditional Uses.
1.
Restaurants, fast food restaurants,
retail food establishments, brewpubs and eating and drinking places
where the closest part of the structure is less than 125 feet from
the nearest lot line of a single-family dwelling in a residential
district, except that no such requirement shall apply where said lot
line is separated by a street or railroad right-of-way. Drive-up windows
shall not be permitted. This Section 606.6.1d shall apply only to
lots abutting on primary and secondary roadways as shown in the Traffic
Circulation Plan Element of the Master Plan. The following conditional
use standards shall apply:
[Ord. No. 11-93, 16-93B; amended 6-15-2021 by Ord. No. 2577-21]
(a)
All refuse shall be stored either with the building
or within an enclosed area that is screened from view of adjacent
residential dwellings by landscaping, fencing or both and is located
outside of a required buffer area. Any refuse stored outside the building
shall be enclosed in durable containers with a latching or locking
mechanism.
(b)
Development shall comply with the buffer requirements
established under Section 609.3 herein.
(c)
Commercial grade air filtration/odor reduction
devices shall be employed to minimize odors from on-premises cooking/frying.
Hoods shall be designed in accordance with the International Mechanical
Code (IME), Chapter 507 and shall be designed to capture and confine
cooking vapors and residues through a filtering device.
(d)
Site lighting shall not be located within a required
buffer and shall be designed to avoid up-lighting or a halo effect
with fixtures incorporating shields/cut-offs to prevent spillage on
to adjacent residential properties.
(e)
The customer entrance shall be from the front of
the building (i.e., facing the street).
(f)
No outdoor seating shall be permitted in the rear
of the building.
2.
An access point or access drive to
or from a nonresidential use, or to a customer parking area, parking
facility or loading area which is required to provide a minimum of
100 parking spaces, and which nonresidential use is located outside
the boundaries of the Township of Millburn, shall be permitted as
a conditional use only when all of the following conditions are met
and satisfied:
(a)
That alternative driveway
access outside the Township of Millburn to fully serve the nonresidential
use is not possible within the same municipality in which the majority
of parking or loading spaces is located.
(b)
That the anticipated
vehicular trip generation for the weekday A.M. Peak Street Hour of
adjacent street traffic, Saturday peak hour of generator and twenty-four-hour
total daily traffic flow for either weekday or weekend day shall not
exceed the estimated vehicular movements during these time frames
for the previous user of the site by more than 10%. In this regard,
the "Trip Generation Manual" 5th Edition, as it may hereafter be supplemented
by current statistics and editions, prepared by the Institute of Transportation
Engineers, Washington, D.C. shall be utilized and accepted to calculate
and estimate all such movements.
(c)
That for any hour total
vehicular movements shall not exceed 500 driveway access point movements,
and total daily access drive movements shall not exceed 2,500 during
any business day.
[Ord. No. 2377-11, § 1; Ord. No. 2382-11, § 1]
(d)
That levels of service
along the adjacent streets and at all impacted intersections are not
diminished or impacted by the proposed nonresidential use so as to
reduce peak hour traffic movements to a condition worse than an "E"
level of service or to increase existing delay for any peak hour by
greater than 10 seconds within level of service "E" or level of service
"F." Levels of service shall be calculated in accordance with the
latest methodology accepted by the Transportation Research Board as
published in the "Highway Capacity Manual" and any updates of the
"Highway Capacity Manual."
(e)
In the event truck access
is not possible outside the Township of Millburn, all commercial vehicle
access drives or access points shall be designed to accommodate the
movement and circulation requirements of tractor trailers having the
longest wheel base permitted by the State of New Jersey. All commercial
vehicle access maneuvers using said access drive or access point shall
be achieved in single maneuver designs without violation of any roadway
center line pursuant to the laws of the State of New Jersey, without
crossing a driveway center line, and which represent good, safe and
efficient vehicular circulation and design.
[Ord. No. 2377-11, § 2; Ord. No. 2382-11, § 2]
e.
Area and Setback Requirements.
1.
Minimums.
(a)
Lot width-feet: 40.
(b)
Front setback-feet:
10*
|
*
|
The setback shall be based on the
average established setback along the street frontage within 200 feet
of the property, except that buildings in excess of 32 feet in height
shall be set back a minimum of one additional foot for every foot
in building height over 32 feet. If no setback is established, it
shall be shown above.
|
(c)
Side setback-feet: None.
(d)
Rear setback-feet: 25.
2.
Maximums.
[Ord. No. 2338-09]
(a)
Building coverage: 50%*.
(b)
Floor area ratio: 0.75*.
(c)
Lot coverage: 0.75*.
(d)
Building height-feet:
32.
(e)
Building height-stories:
two.
|
Note:
| |
|---|---|
|
*
|
In the area located on the south
side of Millburn Avenue, between the Township of Springfield boundary
and Short Hills Avenue and the maximum building coverage shall be
80%, the maximum floor area ratio shall be 1.60, and the maximum lot
coverage shall be 100%.
|
f.
Other Requirements.
1.
As required elsewhere in this ordinance,
access drives and access points located within the Township of Millburn
in order to gain access to and from an existing or proposed nonresidential
use located outside and beyond the borders and boundaries of the Township
of Millburn shall require site plan review and approval consistent
with the terms and standards of this ordinance and under certain conditions
may require conditional use approval as well.
2.
All parking areas must be set back
from the street line at least 30 feet.
3.
All loading areas shall be situated
to the rear of the building, away from the public street, and shall
not be located in a side or front yard. Where such loading areas may
be visible from a public street or from an adjoining or nearby residential
area, the buffer provisions of this ordinance shall apply, as set
forth in Section 609.3 herein.
4.
Any development requiring access
across and through property located within the Township of Millburn
and relating to the use or development of property located outside
the boundaries of the Township of Millburn for nonresidential purposes
shall require site plan approval by the Planning Board or Zoning Board
of Adjustment, as the case may be, in order to properly evaluate,
regulate and plan for the possible impact of vehicular traffic and
the impact of the operation of said nonresidential use on streets,
driveways, intersections and other lands located within the Township
of Millburn.
[Ord. No. 6-96]
606.7.
Central Business B-4.
a.
Purpose. To serve as the downtown core
of the Township, providing a combination of commercial, residential,
office, and cultural uses in a walkable environment.
[Amended 7-19-2022 by Ord. No. 2607-22]
b.
Permitted Principal Uses.
[Amended by Ord. No. 11-93;Ord. No. 15-95; Ord. No. 16-97; Ord. No.
2149-98; Ord. No. 2471-16; 10-2-2019 by Ord. No. 2543-19]
1.
Retail sales and retail services.
2.
Financial institutions.
3.
Multifamily housing developments in combination with any of
the permitted principal uses.
[Amended 7-19-2022 by Ord. No. 2607-22]
4.
Offices, including co-working or shared work space, but not
on the street-floor level. For the purposes of this restriction, travel
agencies, opticians, local newspaper offices substantially servicing
Township residents, and real estate sales and insurance offices shall
not be considered offices and are permitted to locate on the street-level
floor.
[Amended 6-15-2021 by Ord. No. 2577-21]
5.
Showrooms.
6.
Educational play centers.
7.
Instructional schools and studios.
8.
Art studios and galleries.
9.
Restaurants, fast food restaurants, retail food establishments,
brewpubs and eating and drinking places, provided the closest part
of any structure so used, exclusive of parking and loading areas,
is not less than 125 feet from the nearest lot line of a single-family
dwelling in a Residential District, except that no such requirement
shall apply where said lot line is separated by a street or railroad
right-of-way. Drive-up windows shall not be permitted.
[Added 6-15-2021 by Ord. No. 2577-21]
10.
Theaters.
[Added 6-15-2021 by Ord. No. 2577-21]
11.
Museums.
[Added 6-15-2021 by Ord. No. 2577-21]
12.
Any combination of the permitted principal uses.
[Added 7-19-2022 by Ord. No. 2607-22]
c.
Accessory Uses.
[Amended 7-19-2022 by Ord. No. 2607-22]
1.
Parking and loading areas, including off-street structured facilities
within the building (i.e., at or below grade).
2.
Indoor and outdoor residential amenity space, except for rooftop
decks and other rooftop amenities.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar-energy-generating facilities, green
roof, and electric vehicle supply equipment.
4.
Any other use which is subordinate and customarily incidental
to multifamily housing developments, and the use of which is limited
to building occupants and management.
5.
Any other use which is subordinate and customarily incidental
to a nonresidential use.
d.
Conditional Uses. Restaurants, fast-food
restaurants, retail food establishments, brewpubs and eating and drinking
places where the closest part of the structure is less than 125 feet
from the nearest lot line of a single-family dwelling in a residential
district, except that no such requirement shall apply where said lot
line is separated by a street or railroad right-of-way. Drive-up windows
shall not be permitted. The following conditional use standards shall
apply:
[Ord. No. 15-95; amended 6-15-2021 by Ord. No. 2577-21]
1.
All refuse shall be stored either with the building or within
an enclosed area that is screened from view of adjacent residential
dwellings by landscaping, fencing or both and is located outside of
a required buffer area. Any refuse stored outside the building shall
be enclosed in durable containers with a latching or locking mechanism.
2.
Development shall comply with the buffer requirements established
under Section 609.3 herein.
3.
Commercial grade air filtration/odor reduction devices shall
be employed to minimize odors from on-premises cooking/frying to adjacent
properties. Hoods shall be designed in accordance with the International
Mechanical Code (IME), Chapter 507 and shall be designed to capture
and confine cooking vapors and residues through a filtering device.
4.
Site lighting shall not be located within a required buffer
and shall be designed to avoid up-lighting or a halo effect with fixtures
incorporating shields/cut-offs to prevent spillage on to adjacent
residential properties.
5.
The customer entrance shall be from the front of the building
(i.e., facing the street).
6.
No outdoor seating shall be permitted in the rear of the building.
e.
Area and Setback Requirements. - Blocks
704 and 705; and Block 703, Lots 1, 9, 10, and 11.
[Amended 10-2-2019 by Ord. No. 2543-19; 7-19-2022 by Ord. No. 2607-22]
f.
Area
and Setback Requirements – All Other B-4 Properties.
[Added 7-19-2022 by Ord. No. 2607-22[6]]
2.
Maximum
building coverage: 90%.
3.
Maximum
lot coverage: 100%.
4.
Maximum
building height: 40 feet, three stories.
[6]
Editor's Note: This ordinance also redesignated former Subsection
606.7f as 606.7g.
g.
Other Provisions.
1.
If an existing dwelling unit is replaced
by a nonresidential use, on-site parking shall be provided in accordance
with the standards for off-street parking set forth in this ordinance
for the nonresidential use.
[Ord. No. 19-86]
2.
Central Business: Training facilities
shall not be permitted in the B-4 Zone. A training facility is a premises
which is used (as a primary use or an accessory use) to train or educate
employees of a business in the service which the business provides.
Excluded from the definition of a training facility is a training
facility which trains full-time employees assigned permanently to
the premises.
[Ord. No. 9-87]
3.
Residential units on the ground floor may not be any street-facing
facade and must be set back a minimum of 30 feet from any street-facing
facade.
[Added 7-19-2022 by Ord.
No. 2607-22]
4.
Outdoor Residential Amenity Space.
[Added 7-19-2022 by Ord.
No. 2607-22]
h.
Development Yield:
[Added 7-19-2022 by Ord.
No. 2607-22]
1.
Maximum development yield for multifamily housing developments
shall not exceed a density of 25 dwelling units per acre.
2.
All residential developments shall include an on-site affordable
housing set-aside of 20% of the total number of units. The affordable
housing units shall comply with the Township's affordable housing
regulations and the Uniform Housing Affordability Control Rules (N.J.A.C.
5:80-26.1 et seq.), which shall control in the case of any conflicts
with this section, as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). Compliance shall include but is not limited to the following:
required bedroom and income distribution, with the sole exception
that 13% of the affordable units within each bedroom distribution
shall be required to be for very-low-income households earning 30%
or less of median income pursuant to the Fair Housing Act, affordability
controls of at least 30 years, phasing in compliance with N.J.A.C.
5:93-5.6(d), and affirmative marketing, including posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with P.L. 2020, c. 51.[7] Additionally, the affordable units shall be integrated
with the market-rate units. In buildings with multiple dwelling units,
the affordable units shall be generally distributed within each building
with market units, and the affordable units shall not be concentrated
in separate buildings or in separate areas or floors from the market-rate
units. The residents of the affordable units shall have full and equal
access to all of the entryways, amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
[7]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
606.8.
Office research OR-1, OR-2, OR-3.
[Ord. No. 2437-15]
a.
Purpose. To provide administrative, research
or engineering facilities related to scientific research, product
development or related activities; office uses; hotel; service facilities;
multifamily housing developments; and where permitted herein, Mixed-Use
Development.
[Amended 7-19-2022 by Ord. No. 2604-22]
b.
Permitted Principal uses.
c.
Accessory Uses.
[Amended 7-19-2022 by Ord. No. 2604-22]
1.
Parking and loading areas, which shall not include below-grade
structured parking facilities.
2.
Indoor and outdoor residential amenity space, except for rooftop
decks and other rooftop amenities.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar-energy-generating facilities, green
roof, and electric vehicle supply equipment.
4.
Any other use which is subordinate and customarily incidental
to multifamily housing developments, and the use of which is limited
to building occupants and management.
5.
Any other use which is subordinate and customarily incidental
to a nonresidential use.
d.
Area and Setback Requirements.
|
1.
|
Minimums
|
OR-1
|
OR-2
|
OR-3
| |
|
(a)
|
Lot area — acres
|
5
|
10
| ||
|
(b)
|
Lot area — square
feet
|
10,000
| |||
|
(c)
|
Lot width — feet
|
400
|
100
|
400
| |
|
(d)
|
Lot depth — feet
|
400
|
100
|
400
| |
|
(e)
|
Front setback
|
75*
|
15
|
75*
| |
|
(f)
|
Side setback
|
50
|
7
|
50
| |
|
(g)
|
Rear setback
|
25
|
20
|
50
| |
|
Note:
| |
|---|---|
|
*
|
Front setbacks for accessory uses
shall be 25 feet or equal to the height of the accessory structure,
whichever is greater.
|
|
2.
|
Maximums
|
OR-1
|
OR-2
|
OR-3
| |
|
(a)
|
Building coverage
|
25%
|
20%
|
15%
| |
|
(b)
|
Floor area ratio
|
0.50
|
0.40
|
0.40
| |
|
(c)
|
Lot coverage
|
65%
|
65%
|
55%
| |
|
(d)
|
Building height — feet
|
100
|
32
|
60
| |
e.
Other Provisions.
[Amended 7-19-2022 by Ord. No. 2604-22]
1.
In the OR-2 District, off-street parking shall be located in
the side and rear yard areas whenever possible.
2.
In the OR-1 District, maximum development yield for multifamily
housing developments shall not exceed a density of 20 dwelling units
per acre.
3.
All residential developments shall include an on-site affordable
housing set-aside of 20% of the total number of units. The affordable
housing units shall comply with the Township's affordable housing
regulations and the Uniform Housing Affordability Control Rules (N.J.A.C.
5:80-26.1 et seq.), which shall control in the case of any conflicts
with this section as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). Compliance shall include but is not limited to the following:
required bedroom and income distribution, with the sole exception
that 13% of the affordable units within each bedroom distribution
shall be required to be for very-low-income households earning 30%
or less of median income pursuant to the Fair Housing Act, affordability
controls of at least 30 years, phasing in compliance with N.J.A.C.
5:93-5.6(d), and affirmative marketing, including posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with P.L. 2020, c. 51.[9] Additionally, the affordable units shall be integrated
with the market-rate units. In buildings with multiple dwelling units,
the affordable units shall be generally distributed within each building
with market units, and the affordable units shall not be concentrated
in separate buildings or in separate areas or floors from the market-rate
units. The residents of the affordable units shall have full and equal
access to all of the entryways, amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
[9]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
f.
Provisions for Mixed-Use Development. In
the OR-3 District, Mixed-Use Development shall be permitted subject
to the standards set forth below.
1.
Tract Area. The land area required
for Mixed-Use Development shall be a minimum of 14 acres.
2.
Required Components. A Mixed-Use
Development shall contain the following:
(a)
A residential component consisting
of one or more multi-family residential buildings with apartment units
and associated amenities and services, including but not limited to
a pool, fitness center, screening room, golf simulator, business center
and concierge.
(b)
An office component consisting of
one or more office buildings with executive, professional and/or business
offices.
(c)
A hotel component consisting of a
single building offering transient lodging accommodations to the general
public and which may contain associated facilities, including but
not limited to restaurants/bars, health/fitness rooms, ballrooms and
meeting/conference rooms.
3.
Maximum Development Yield.
(a)
Notwithstanding any other provisions
contained herein, the total number of multi-family residential units
within a Mixed-Use Development shall not exceed 200.
(b)
Notwithstanding any other provisions
contained herein, the total gross floor area of office use within
a Mixed-Use Development shall not exceed 260,000 square feet.
(c)
Notwithstanding any other provisions
contained herein, the total number of hotel rooms within a Mixed-Use
Development shall not exceed 250.
4.
Permitted Accessory Uses. The following
accessory uses shall be permitted in a Mixed-Use Development:
(a)
Off-street parking, including in
a separate structure or within a building (i.e., above and below grade)
as permitted herein.
(b)
Off-street loading.
(c)
Any other accessory uses expressly
permitted herein.
(d)
Any other use which is subordinate
and customarily incidental to one or more of the component uses of
the Mixed-Use Development, including but not limited to, leasing/sales/management
offices, maintenance and trash collection/recycling buildings and
recreational amenities associated with residential development.
5.
Locational Requirements.
(a)
No multi-family residential building
shall be located within 250 feet of the John F. Kennedy Parkway right-of-way,
nor shall any such building be located greater than 600 feet from
the westerly perimeter boundary of the OR-3 Zone.
(b)
No hotel building shall be located
within 150 feet of the Canoe Brook Road right-of-way, nor shall such
building be located greater than 500 feet from the westerly perimeter
boundary of the OR-3 Zone.
6.
Development Standards.
(a)
Maximum building height: 60 feet.
(b)
Maximum lot coverage: 75%.
(c)
Maximum building coverage: 45%.
(d)
Minimum hotel building setback to
John F. Kennedy Parkway right-of-way: 60 feet.
(e)
Minimum hotel building setback to
the westerly perimeter boundary of the OR-3 Zone: 20 feet.
(f)
Minimum multi-family residential
building setback to Canoe Brook Road right-of-way: 10 feet.
(g)
Minimum multi-family residential
building setback to the westerly perimeter boundary of the OR-3 Zone:
20 feet.
(h)
Minimum office building setback to
John F. Kennedy Parkway right-of-way: 100 feet.
(i)
Minimum office building setback to
Canoe Brook Road right-of-way: 50 feet.
(j)
No surface parking area shall be
located closer than 10 feet to the perimeter boundary of the OR-3
Zone, except that in the case of the easterly perimeter boundary,
no surface parking area shall be located within 100 feet of same.
(k)
No freestanding parking structure
shall exceed two levels in height, nor shall such structure be located
within 50 feet of the John F. Kennedy Parkway right-of-way; within
20 feet of the Canoe Brook Road right-of-way; or within 100 feet of
the easterly perimeter boundary of the OR-3 Zone.
(l)
All areas not devoted to buildings
or paved surfaces shall be landscaped as deemed appropriate by the
Planning Board. An overall landscaping plan shall be submitted indicating
the type, size and spacing of all grasses, plants, shrubs, evergreen
and deciduous trees and shall include landscaping site details for
any other decorative features.
(m)
Parking for multi-family residential
use shall comply with the requirements of the New Jersey Residential
Site Improvement Standards (RSIS); including those provisions under
N.J.A.C. 5:21-4.14(e) regarding shared parking standards for mixed-use
developments.
(n)
The parking requirement for office
use shall be 3.6 spaces for every 1,000 square feet of gross floor
area. The parking requirement for hotel use shall be in accordance
with subsection 607.2.
(o)
Off-street loading shall be provided
in accordance with Section 607.1.
(p)
Multi-family residential development
shall provide an on-site set-aside of low- and moderate-income units
equal to 20% of the total number of units if such housing is offered
for sale, and a set-aside equal to 15% of the total number of units
if such housing is rental. Such units shall be integrated throughout
the multi-family building(s). The provision of low- and moderate-income
housing shall be subject to the then applicable regulations of the
New Jersey Council on Affordable Housing and the Uniform Housing Affordability
Controls.
(q)
No development, except for maintenance
and improvements to the existing stormwater detention basin, shall
occur within 100 feet of the easterly perimeter boundary of the OR-3
Zone.
(r)
Except for low- and moderate-income
units, all multi-family residential units shall be limited to either
one or two bedrooms.
7.
Dimensional, Bulk and Internal Setback
Requirements. Recognizing that an existing office building and ancillary
parking areas may be reused and that additional buildings are contemplated
as part of the overall Mixed-Use Development, the intent of these
regulations is to encourage creative and innovative design and provide
flexibility in terms of how existing and proposed new buildings shall
visually relate to each other as well as the general landscape. As
such, multiple buildings on a lot are permitted and there shall be
no minimum lot area, depth, width or floor area ratio requirements
governing development other than as established herein. There shall
be no setback requirements to interior lot lines that may be created
as part of any future subdivision within the Mixed Use Development
tract. There shall be no minimum distances between buildings except
as required by applicable building and fire safety codes. Residential
and non-residential uses may share the same internal roadways.
8.
Building Articulation and Massing.
(a)
Multi-family building facade bulk
should be broken down vertically into a series of bays and/or through
vertical changes in the facade plane. Individual facades should be
defined by a change in material, color, pattern and/or texture; use
of columns, pilasters, gutters or expansion joints massing; and/or
size and rhythm of fenestration. Facade definition should extend upward
through all levels of the building.
(b)
Multi-family buildings should be
differentiated horizontally into a base, middle and top, as follows:
(1)
The base should be highlighted
architecturally to visually ground the building. Detailing at the
base should be richer than on upper floors. For example, horizontal
banding, belt course and/or larger window openings, as well as signage,
lighting and awnings or canopies will help highlight the base.
(2)
The middle should be
distinguished from the base and top by horizontal belt courses or
cornices, and/or changes in material, texture and fenestration pattern.
(3)
The top floor and/or
the roof line should be distinguished from the base and middle with
a coping, parapet wall, balustrade and/or cornice, change in material,
texture and/or fenestration pattern.
(c)
Roof shape and mass should relate
to the multi-family building massing on the lower levels. Flat and
peaked roof shapes are permitted, but mansard roofs are prohibited.
Flat roofs should incorporate green design features to the extent
practical.
9.
Building Facade Detailing.
(a)
Windows shall occupy at least 25%
of the facade area.
(b)
A change in plane and variation in
materials and/or detailing should be provided for any windowless wall
area in excess of 20 feet in length.
(c)
Any parking within a building that
is above grade shall be architecturally screened and detailed to create
an attractive and harmonious facade, as follows:
(1)
The parking facade should
be designed with a similar level of detail, materials and fenestration
pattern as is used on the upper-floor facades.
(2)
Window openings should
be provided in the parking facade, with a similar size, spacing, quantity
and enframement as in the building mass above the parking area.
(3)
Window openings should
be fully glazed with translucent glass, allowing shadows and silhouettes
behind the glass to be visible. Alternately, window openings may be
open, free of glazing, but shall be covered by decorative metal grilles
or grates.
(4)
Window sizing, placement,
glazing and grilles/grates should be designed to minimize headlight
glare.
(5)
A low planting area
should be provided along the parking facade. Plantings should be varied
in height and color or texture, and should provide greenery in winter
months as well.
(d)
Preferred materials for facades are
brick, cultivated stone or other masonry facing; fiber cement siding
or backboard; metal panels; metal, and glass. No more than three different
materials should be employed as primary materials on a building facade.
Within the chosen primary materials, variation in color, texture and/or
pattern may be employed to create further distinctions. The level
of materials, detailing and articulation should be consistent along
all facades. Materials should be extended around corners and extensions
in order to avoid a "pasted on" appearance.
(e)
All major mechanical equipment located
on any roof of a building should be screened from view from all vantage
points with a material harmonious to that used in the facade of the
structure.
10.
Site Plan and Subdivision Applications.
Application shall be made initially for preliminary site plan approval
for the entire Mixed Use Development tract, or simultaneously, for
preliminary site plan approval for the entire Mixed Use Development
tract and final site plan approval for a portion or portions of the
tract. Nothing contained herein shall preclude the developer of the
Mixed-Use Development tract from seeking subdivision approval of the
tract pursuant to the terms hereof. At the time of applying for preliminary
and/or final site plan approval or subsequent to obtaining preliminary
site plan approval, an application may be made for subdivision approval
for purposes of creating up to three separate lots, allowing for the
separate ownership of individual components of the Mixed Use Development
tract. The provisions of this ordinance regarding lot size and bulk
standards for the Mixed Use Development tract shall not apply to lots
that may be created for individual components of the Mixed Use Development.
At the time of the filing of the subdivision plats, a cross-easement
agreement, in a form reasonably acceptable to the Planning Board attorney,
shall be recorded against the Mixed-Use Development tract providing
for the construction, maintenance, access and use of all shared facilities
by the owners of each of the subdivided lots, as appropriate.
606.9.
Commercial/Medical Office CMO.
a.
Purpose. To provide an area for office
buildings, medical offices, sports and physical fitness, and multifamily
housing developments.
[Amended 7-19-2022 by Ord. No. 2605-22]
b.
Permitted Principal Uses.
[Amended 10-2-2019 by Ord. No. 2543-19]
1.
Offices.
2.
Wholesale business, light assembly and manufacturing, scientific
and other research facilities, warehouses, and offices operated in
connection with the foregoing uses.
3.
Medical offices.
4.
Ambulatory surgical facilities.
5.
Health and fitness facilities.
6.
Showrooms.
7.
Pet care and grooming.
8.
Indoor commercial recreation.
9.
Educational play centers.
10.
Instructional schools and studios.
11.
Multifamily housing development.
[Added 7-19-2022 by Ord.
No. 2605-22]
12.
Any combination of the permitted principal uses, except that
multifamily housing developments shall not be combined with following
permitted uses:
[Added 7-19-2022 by Ord.
No. 2605-22]
c.
Accessory Uses.
[Amended 7-19-2022 by Ord. No. 2605-22]
1.
Parking and loading areas, including off-street structured facilities
within the building (i.e., at or below grade).
2.
Indoor and outdoor residential amenity space, except for rooftop
decks and other rooftop amenities.
3.
Sustainable building and site design features, such as but not
limited to roof-mounted solar-energy-generating facilities, green
roof, and electric vehicle supply equipment.
4.
Any other use which is subordinate and customarily incidental
to multifamily housing developments, and the use of which is limited
to building occupants and management.
5.
Any other use which is subordinate and customarily incidental
to a nonresidential use.
d.
Conditional Uses.
1.
Houses of Worship. Houses of worship
shall be subject to the following conditional use standards:
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width: 200 feet.
(c)
Maximum building coverage: 40%.
(d)
Buildings shall be set back a minimum
of 50 feet from any property line.
(e)
Steeples, spires, belfries, minarets
and other similar building ornamentation shall be exempt from the
maximum building height requirement for the CMO Zone; provided, however,
that the height of such appurtenances shall not exceed 50 feet.
3.
Commercial Off-Premises Outdoor Advertising
Signs. Commercial off-premises outdoor advertising signs (i.e. billboards)
shall be permitted subject to the following conditions designed to
minimize the aesthetic impacts of such signs on the Township's residential
zone districts.
[Ord. No. 2410-13]
(a)
No more than one commercial off-premises
outdoor advertising sign (double-sided) shall be permitted on any
lot, either as a single principal use or as a second principal use.
(b)
No part of any commercial off-premises
outdoor advertising sign shall be located within 750 feet of a residential
zone district, nor within 1,000 feet of another commercial off-premises
outdoor advertising sign.
(c)
No part of any commercial off-premises
outdoor advertising sign shall be located more than 100 feet from
the right-of-way of Interstate 78.
(d)
No part of any commercial off-premises
outdoor advertising sign shall exceed 50 feet in height as measured
from the existing ground elevation around the sign support structure.
(e)
The sign area shall not exceed 672
square feet, per sign face, nor shall any sign face exceed a vertical
dimension of 14 feet, nor a horizontal dimension of 48 feet.
(f)
Commercial off-premises outdoor advertising
signs shall comply with the setback requirements of paragraph e below.
e.
Area and Setback Requirements.
1.
Minimum lot area: 30,000 square feet.
2.
Minimum lot width: 150 feet.
3.
Minimum lot depth: 150 feet.
4.
Minimum front setback: 24 feet.
5.
Minimum side and rear setback: 12
feet, except when abutting a residential district, in which case the
setback shall be a minimum of the building height.
[Amended 7-19-2022 by Ord. No. 2605-22]
6.
Maximum floor area ratio: 50%.
7.
Maximum lot coverage: 75%.
f.
Other Provisions. Off-street parking requirements
shall not be provided within the front yard area. Off-street parking
requirements may not be met in a parking structure, or under the building.
Ground floor parking areas within building shall be screened from
view from the street and from adjacent residential properties. Screening
may be provided through the use of landscaping, fences, building walls,
decorative grills and/or other measures.
[Ord. No. 2305-07, 2311-08,
2326-08]
g.
Development Yield.
[Added 7-19-2022 by Ord.
No. 2605-22]
1.
Maximum development yield for multifamily housing developments
shall not exceed a density of 18 dwelling units per acre.
2.
All residential developments shall include an on-site affordable
housing set-aside of 20% of the total number of units. The affordable
housing units shall comply with the Township's affordable housing
regulations and the Uniform Housing Affordability Control Rules (N.J.A.C.
5:80-26.1 et seq.), which shall control in the case of any conflicts
with this section, as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). Compliance shall include but is not limited to the following:
required bedroom and income distribution, with the sole exception
that 13% of the affordable units within each bedroom distribution
shall be required to be for very-low-income households earning 30%
or less of median income pursuant to the Fair Housing Act, affordability
controls of at least 30 years, phasing in compliance with N.J.A.C.
5:93-5.6(d), and affirmative marketing, including posting of all affordable
units on the New Jersey Housing Resource Center website in accordance
with P.L. 2020, c. 51.[10] Additionally, the affordable units shall be integrated
with the market-rate units. In buildings with multiple dwelling units,
the affordable units shall be generally distributed within each building
with market units, and the affordable units shall not be concentrated
in separate buildings or in separate areas or floors from the market-rate
units. The residents of the affordable units shall have full and equal
access to all of the entryways, amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
[10]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
606.10.
606.11.
Residential-Office R-O.
a.
Purpose. To provide an area for medical-professional
uses and single family dwellings compatible with adjoining single
family dwellings.
b.
Permitted Principal uses.
1.
Single family dwellings.
2.
Medical-professional offices provided
they do not exceed 50% of the floor area of the building in which
they are located and provided there is no more than one licensed medical
professional.
3.
Single dwelling unit apartments located
in the same structures as medical-professional offices provided there
shall be no more than one dwelling unit per structure and the dwelling
unit occupies a minimum of 50% of the floor area of the building.
c.
Accessory Uses. Private garages and off-street
parking.
d.
Area and Setback Requirements. In order
to limit the number of access points to Millburn Avenue and to reflect
the small lot pattern of the district, no subdivision of existing
lots shall be permitted.
1.
Minimum front setback: Based on the
average established setback along the street within 200 feet of the
property.
2.
Minimum side setback: eight feet.
3.
Minimum side setback-combined: 25%
of lot width.
4.
Minimum rear setback: 20% of lot
depth.
5.
Maximum floor area ratio: 0.40.
6.
Maximum building height: 32 feet.
7.
Accessory uses shall meet the setback
requirements of the R-6 district.
606.12.
Conservation-Educational/Cultural
CE.
a.
Purposes. To preserve the character of
historic estate landscapes by promoting compatible uses of property
within the district for public benefit, public visitation and long-term
environmental sustainability; to promote an understanding of the Township's
natural and historic architectural landscape through the values and
application of conservation and stewardship; to support and encourage
the continued use of the property within the district for educational
and cultural activities, open space, historic preservation and environmental
conservation; and to provide for the continued financial viability
of the stated purposes by allowing related revenue-generating activities,
including visitor services, amenities and facilities, all in keeping
with the intent, scale and character of the district.
c.
Permitted Accessory Uses. Those customarily
incidental to permitted uses, including, but not limited to:
1.
Visitor orientation.
2.
Public tours.
3.
Educational programs, including classes,
conferences, seminars and symposia.
4.
Public awareness/support events.
5.
Concerts.
6.
Weddings and other similar special
occasion events.
7.
Fundraising events, including corporate
and event rental.
8.
Retail sales/gift shop.
9.
Retail food sales, including refreshment
carts and cafes.
10.
Administrative and staff offices.
11.
Common support facilities, such as
parking and rest rooms.
12.
Operational support facilities, such
as greenhouses, storage, garages and prep and catering kitchens.
13.
Still photography shoots.
14.
Animal husbandry.
15.
Permanent housing for full-time staff.
d.
Permitted Conditional Uses.
1.
Overnight and extended accommodations
for artists, interns, scholars, lecturers, seminar/retreat participants
and consultants, subject to compliance with the following conditional
use standards:
2.
One residential lot. The existing
residence and other improvements located on Block 2702, Lot 16 according
to the official tax maps of the Township of Millburn may continue
to be utilized as a private residence in accordance with the requirements
of the R-4 District. Parking that serves other uses permitted in the
CE District may be provided on this lot.
e.
Area and Setback Requirements.
1.
Minimum lot area: 15 acres, which
may be provided on contiguous lots in common ownership or leasehold.
2.
Buildings shall be set back a minimum
of three times the building height from all property lines. Buildings
and structures that existed on July 1, 2007 that are located within
required setback areas may continue to be utilized, but shall not
be expanded to further encroach into required setbacks.
3.
Maximum building coverage, including
all accessory structures: 2.7%.
4.
Maximum lot coverage: 18%.
5.
Maximum building height: 35 feet.
f.
Other Requirements.
1.
Adequate parking shall be provided
for visitors' and employees' vehicles. A minimum of 86 automobile
parking spaces shall be provided. A minimum of two bus parking spaces
shall be provided.
2.
A buffer with a minimum width of
50 feet shall be provided along all property lines, except for those
that adjoin public parkland. Driveways and sidewalks shall be permitted
to cross buffer areas to provide access to streets and adjacent properties.
Buildings and structures that existed on July 1, 2007 that are located
within required buffer areas may continue to be utilized, but shall
not be expanded to further encroach into buffer areas.
3.
The playing of music in outdoor areas
and/or at special events shall conclude by 11:00 p.m.
[Ord. No. 2325-08]
[Added by Ord. No. 2302-07]
607.1.
Minimum Loading Requirements. Adequate
off-street loading and maneuvering space shall be provided for every
use based on the following schedule. Those uses not listed shall provide
sufficient spaces as determined under site plan review.
[Amended 12-21-2021 by Ord. No. 2594-21]
|
Minimum Loading Requirements
| |||
|---|---|---|---|
|
Gross floor area at which first loading
space is required
|
Gross floor area at which second
loading space is required
|
No. additional square feet for each
additional loading space
| |
|
Assembly operations
|
*
|
40,000
|
30,000
|
|
Auto sales
|
*
|
40,000
|
40,000
|
|
Cemetery
|
None required
| ||
|
Church
|
None required
| ||
|
Community Center
|
None required
| ||
|
Dwelling Unit
|
See Subsection 607.1(d)
|
See Subsection 607.1(d)
|
See Subsection 607.1(d)
|
|
Financial institutions
|
10,000
|
100,000
|
100,000
|
|
Finishing operations
|
*
|
40,000
|
30,000
|
|
Hospital
|
*
|
100,000
|
100,000
|
|
Hotel
|
*
|
100,000
|
100,000
|
|
Industrial
|
*
|
40,000
|
30,000
|
|
Library
|
None required
| ||
|
Manufacturing
|
*
|
40,000
|
30,000
|
|
Offices
|
*
|
100,000
|
100,000
|
|
Receiving
|
*
|
40,000
|
30,000
|
|
Research
|
*
|
40,000
|
40,000
|
|
Restaurant
|
*
|
25,000
|
20,000
|
|
Retail Store
|
*
|
20,000
|
20,000
|
|
Shipping
|
*
|
40,000
|
30,000
|
|
Storage area
|
*
|
40,000
|
30,000
|
|
Utilities
|
10,000
|
100,000
|
100,000
|
|
Veterinarian hospital
|
*
|
100,000
|
100,000
|
|
Warehouse
|
*
|
40,000
|
30,000
|
|
NOTE:
| |
|---|---|
|
*
|
Minimum of one space required.
[Ord. No. 9-87] |
(a)
When more than one use is located
in a building or where multiple uses are designed as part of a shopping
center, industrial complex, or similar self-contained complex, the
number of loading spaces shall be based on the cumulative number of
square feet within the building or complex, shall be dispersed throughout
the site to best serve the individual uses, and be part of site plan
approval.
(b)
There shall be a minimum of one trash/garbage
pick-up location located either within or outside a building in steel-like,
totally enclosed container(s), located and screened to be obscured
from view from parking areas, street, and residences. If located within
a commercial or industrial building, the doorway(s) may serve both
the loading and trash/garbage collection functions. If located outside
the building, it may be located adjacent to or within the loading
area(s) provided the container(s) in no way interfere with or restrict
the required loading functions.
(c)
If a tract of at least 25 acres has
no portion of a loading area, including maneuvering areas, closer
than 200 feet to any property line and where the length of the driveway
connecting the loading area to the street is at least 300 feet long,
the number of off-street loading spaces may be less than the number
required by the schedule provided the applicant shall document on
the site plan how the number of spaces to be provided will be adequate
to meet the needs of the specific use.
(d)
One loading space shall be required for dwelling units in multifamily
housing developments containing five to 75 dwelling units. For developments
containing more than 75 dwelling units, two loading spaces shall be
required, with an additional loading space required for each additional
50 dwelling units. Single-family dwellings, two-family dwellings,
and multifamily housing developments with fewer than five dwelling
units shall not be required to provide off-street loading.
607.2.
Minimum Parking Requirements. The
number of parking spaces for each use shall be determined by the number
of dwelling units, the amount of gross floor area as defined in this
ordinance, or such other measure as noted. Where a particular function
contains more than one use, the minimum parking requirements shall
be the sum of the component parts. Where an expansion of an existing
use takes place, the parking requirements for the entire use shall
be met.
[Ord. No. 2471-16]
(a)
Ambulatory surgery facility: one
space per 100 square feet gross floor area.
[Ord. No. 20-95]
(b)
Assembly operations: one space per
800 square feet gross floor area.
(c)
Auto sales: one space per 300 square
feet show room area & sales office.
(d)
House of Worship: one space per three
seats within the sanctuary or worship hall or five spaces per 1,000
square feet of gross floor area, whichever is greater.
[Ord. No. 2417-13]
(e)
Residential: in accordance with New
Jersey State Residential Site Improvement Standards (RSIS).
[Amended 10-2-2019 by Ord. No. 2543-19]
(f)
Office and financial institutions:
one space per 250 square feet gross floor area, but no less than 0.8
of a parking space for each employee or independent contractor on
site at any one time.
[Ord. No. 12-87]
(g)
Finishing operations: one space per
800 square feet gross floor area.
(h)
Hospital: 1.5 spaces per bed.
(i)
Hotel: 1.6 spaces per guest room
(this requirement also satisfies the parking needs for all accessory
uses and employees.)
(j)
Industrial: one space per 800 square
feet gross floor area.
(k)
Manufacturing: one space per 800
square feet gross floor area.
(l)
Medical-professional: one space per
150 square feet gross floor area.
(m)
Offices: Same as Subsection 607.2f.
(n)
Receiving: one space per 1,000 square
feet gross floor area.
(o)
Research: one space per 1,000 square
feet gross floor area.
(p)
Restaurant: one space per three seats.
(q)
Retail Stores and Shopping Centers.
The following minimum parking requirements are not to be applied incrementally,
but shall be met as to each applicable classification based upon the
following:
1.
Up to 25,000 square feet gross floor
area: one space per 200 square feet gross floor area.
2.
25,000 to 399,999 square feet gross
leasable area:
|
4.0 spaces per 1,000 square feet GLA up to a maximum 10% GLA
in restaurants and/or fast-food restaurants;
|
|
4.25 spaces per 1,000 square feet GLA with more than 10% GLA
in restaurants and/or fast-food restaurants.
|
3.
400,000 to 599,999 square feet gross
leasable area:
|
4.25 spaces per 1,000 square feet GLA up to a maximum 10% GLA
in restaurants and/or fast-food restaurants;
|
|
4.5 spaces per 1,000 square feet GLA with more than 10% GLA
in restaurants and/or fast-food restaurants.
[Ord. No. 7-91] |
4.
600,000 to 1,349,999 square feet
gross leasable area:
[Ord. No. 2510-18]
|
4.5 spaces per 1,000 square feet GLA up to a maximum 10% GLA
in restaurants and/or fast-food restaurants;
|
|
4.75 spaces per 1,000 square feet GLA with more than 10% GLA
in restaurants and/or fast-food restaurants.
|
5.
1,350,000 or more square feet gross
leasable area:
[Ord. No. 2510-18]
|
4.25 spaces per 1,000 square feet GLA up to a maximum 10% GLA
in restaurants and/or fast-food restaurants;
|
|
4.5 spaces per 1,000 square feet GLA with more than 10% GLA
in restaurants and/or fast-food restaurants.
[Ord. No. 2358-10] |
(r)
Shipping: one space per 5,000 square
feet gross floor area.
(s)
Storage areas: one space per 5,000
square feet gross floor area.
(t)
Theater: one space per three seats.
(u)
Utilities: one space.
(v)
Veterinarian hospital: six spaces
per exam room or doctor, whichever is greater.
(w)
Warehouse: one space per 5,000 square
feet gross floor area.
(x)
Restaurant, fast-food: one space
per 35 square feet gross floor area.
[Ord. No. 9-87]
(y)
Supermarket, convenience store: six
spaces per 1,000 square feet gross floor area.
[Ord. No. 6-96; Ord. No. 2302-07]
(z)
Public and private schools: two spaces
per classroom for grades K-8 and three spaces per classroom for grades
9-12.
[Ord. No. 2417-13]
(aa)
Places of assembly: one space per
three seats or five spaces per 1,000 square feet of gross floor area,
whichever is greater.
[Ord. No. 2417-13]
(bb)
Art studios and galleries: one space per 800 square feet of
gross floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
(cc)
Educational play centers: one space per 200 square feet of gross
floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
(dd)
Health and fitness facilities: one space per 200 square feet
of gross floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
(ee)
Indoor commercial recreation: one space per 200 square feet
of gross floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
(ff)
Instructional schools and studios: one space per 100 square
feet of gross floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
(gg)
Pet care and grooming: one space per 200 square feet of gross
floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
(hh)
Retail sales/services: one space per 200 square feet of gross
floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
(ii)
Showrooms: one space per 500 square feet of gross floor area.
[Added 10-2-2019 by Ord.
No. 2543-19]
607.3.
Location of Parking and Loading Areas.
[Ord. No. 2302-07]
(a)
No off street loading and maneuvering
areas shall be located in any front yard or any street.
(b)
All parking and loading spaces shall
be located on the same lot as the use being served.
(c)
No loading or parking spaces shall
be located in any required buffer area.
(d)
All required parking spaces for multi-family
dwellings, and commercial/industrial uses shall be within 150 feet
and 300 feet respectively, of an entrance of the building.
[Ord. No. 9-87]
(e)
Parking spaces for residential units
may be located in any side or rear yard. Parking shall be permitted
on a driveway in the front yard, but prohibited elsewhere in the front
yard, except for temporary construction purposes. Single-family and
two-family dwellings shall have no more than 30% of the front yard
area in paved and/or impervious surfaces and shall provide a minimum
of one parking space in a garage for each dwelling unit.
[Ord. No. 2194-01; Ord. No. 2410-13]
607.4.
Waiver of Parking Requirements in
the B-4 District. In the B-4 District, where the number of off-street
parking spaces does not satisfy the requirements established under
Section 607.2 herein and there is a change of occupancy or use but
no physical expansion of the building, there shall be no requirement
to provide additional off-street parking spaces above what already
exists on the lot.
[Ord. No. 2471-16; amended 6-15-2021 by Ord. No. 2577-21]
607.5.
Masking of Below Building/Ground
Level Parking. Below building/ground level parking shall be completely
hidden from view of public streets. Such parking shall either be located
behind active uses or shall be screened by architectural detailing.
[Ord. No. 2471-16]
607.6.
Electric
Vehicle Supply/Service Equipment.
[Added 7-19-2022 by Ord. No. 2615-22]
a.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions.
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the Act and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial
grade electrical outlets that allow for faster recharging of electric
vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets, and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating-current
or, consistent with fast-charging equipment standards, direct-current
electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level 2
EVSE and direct-current fast chargers. "Make-ready" includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a plug-and-play basis. "Make-ready" is synonymous with the term
"charger-ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
c.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2.
EVSE and make-ready parking spaces installed pursuant to Subsection
d below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
Subsection c1 above.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer and/or Municipal Engineer shall enforce all
signage and installation requirements described in this section. Failure
to meet the requirements in this section shall be subject to the same
enforcement and penalty provisions as other violations of the Township
of Millburn's land use regulations.
5.
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to Subsection c5 above shall be deemed
complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
2.
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
3.
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
4.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in Subsection d1 above
shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
e.
Minimum Parking Requirements.
1.
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces,
pursuant Section 607.2.
2.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and make-ready parking spaces
above what is required in Subsection d above may be encouraged, but
shall not be required in development projects.
f.
Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.
1.
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. When an applicant proposes
to provide EVSE in a manner not in compliance with the below standards,
design waiver relief shall be required by the Planning Board or Zoning
Board of Adjustment.
2.
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the Electrical Subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall comply with dimensional standards
contained in Section 516.5. EVSE mounted to the ground, either directly
or on a pedestal, pole, or other apparatus, shall not be located within
these minimum dimensions and shall provide an area three feet wide
by three feet long for installation and operation of the EVSE. Exceptions
may be made for existing parking spaces or parking spaces that were
part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
Equipment.
(a)
Publicly accessible EVSE providing AC Level 2 charging shall
provide the SAE J1772 plug type, and publicly accessible EVSE providing
DC fast charging shall provide CCS and CHAdeMO plugs. To the satisfaction
of the Board, other chargers may be employed, provided that such charger
or combination thereof is compatible with all electric vehicles commonly
available for consumer purchase.
(b)
All EVSE shall not have permanent advertising. Any advertising
shall be limited to advertisements located on an electronic operational
or payment screen that is only activated when triggered by customer
interaction with the operational or payment system.
4.
Location.
5.
Operations.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE when parked in the EVSE space.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine and/or impoundment of the offending vehicle as described in the general penalty provisions of Section 7-35. Signage indicating the penalties for violations shall comply with Subsection f7 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
6.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green-painted pavement and/or curb markings, a green-painted charging
pictograph symbol, and appropriate signage pursuant to Subsection
F7 below.
(b)
Where EVSE is installed, adequate site lighting shall be provided
in accordance with Section 512.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any standalone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE 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 cord management system as described
in Subsection f6(e) below. In the case of ceiling-mounted EVSE, outlets
and connector devices may retract to a height above 48 inches, but
the height of the outlets and connector devices when deployed and
such deploying mechanism shall be no less than 36 inches and no higher
than 48 inches from the ground or pavement surface.
(e)
All EVSE shall be mounted at a height above the base flood elevation,
and EVSE shall be designed to be rainproof, floodproof, and fail-safe
when not in use.
(f)
Equipment mounted on pedestals, lighting posts, bollards, or
other devices shall be designed and located as to not impede pedestrian
travel, create trip hazards on sidewalks, or impede snow removal.
(g)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable. Any cords connecting
the charger to a vehicle shall be configured so that they do not cross
a driveway, sidewalk, or passenger unloading area.
(h)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(i)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Millburn shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic
location, date of installation, equipment type and model, and owner
contact information.
7.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, vehicle exit, or pedestrian walkway and shall comply with
Subsection f7(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
8.
Usage Fees.
(a)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
608.1.
Statement of Purpose. It is the purpose
of this section to provide development controls for lands located
within the Township that have present within their boundaries topographical
conditions hereinafter described as "steep slopes."
These controls are provided to minimize
the potentially adverse impacts associated with disturbance of steeply
sloped areas. Such regulation promotes the public health, safety and
welfare of the Township by limiting disturbance to soil and vegetation
and controlling erosion in steeply sloped areas.
The requirements, guidelines and
controls promulgated under this Section shall be applicable to all
properties within all zone districts situated in the Township in their
existing physical state or condition as of the date of the passage
of this Section.
[Ord. No. 2351-10; Ord. No. 2434-14]
608.2.
Background. Disturbance of steep
slopes results in accelerated erosion processes from stormwater runoff
and the subsequent sedimentation of water bodies with the associated
degradation of water quality and loss of aquatic life support. Related
effects include soil loss, changes in natural topography and drainage
patterns, increased flooding potential, further fragmentation of forest
and habitat areas, and compromised aesthetic values. It has become
widely recognized that disturbance of steep slopes should be restricted
or prevented based on the impact disturbance of steep slopes can have
on water quality and quantity, and the environmental integrity of
the landscapes.
[Ord. No. 2351-10; Ord. No. 2434-14]
608.3.
DISTURBANCE/DISTURB
GRADE
IMPERVIOUS SURFACE
REDEVELOPMENT
RETAINING WALL
STEEP SLOPE AREA
Definitions. The following definitions
are applicable to this Section.
[Ord. No. 2351-10; Ord. No. 2434-14]
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing cutting or removal of vegetation
over an aggregate area of more than 1,000 square feet.
The percent of rise or descent of a sloping surface. For
example, a grade of 20% corresponds to a two-foot vertical change
in elevation for every 10 feet of horizontal distance.
Any structure, surface or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
A structure constructed and erected between lands of different
elevations to protect structures and/or to prevent erosion.
A slope with a grade of 20% or more, which extends for a
horizontal distance of 10 feet or more.
608.4.
Designation of Areas. Steep slope
areas shall be established by measurement of change in elevation along
a line which is perpendicular to the topographical contour lines of
the slope. Topographic information shall be plotted at two-foot contour
intervals and may only be supplied by a licensed land surveyor registered
in the State of New Jersey.
608.5.
Regulations for Development in Steep
Slope Areas.
[Ord. No. 2351-10; Ord. No. 2434-14]
a.
Prohibition on Disturbance. There shall
be no disturbance of steep slope areas, except for redevelopment.
b.
Limit of Disturbance. The limit of disturbance
shall be established to preserve existing vegetation on each lot and
shall be marked by a temporary fence to be maintained throughout construction.
608.6.
Steep slope identification. All applications
for minor and major subdivision or site plan approval, or for a permit
for construction, grading or clearing of any lot, except as otherwise
provided in the definition of "disturbance" herein or exempted in
this chapter, shall be evaluated to determine the presence of steep
slope areas.
[Ord. No. 2351-10; Ord. No. 2434-14]
a.
Slope Analysis. Steep slope areas shall
be identified on the site plan drawn at a scale as required by the
Township's site plan or subdivision submission requirements. The site
plan shall show the existing and proposed topographic contours as
required herein and shall provide the following additional information:
1.
Delineation and quantification of
those steep slope areas proposed for disturbance. The applicant shall
provide a table showing the calculation of disturbed steep slope area
in square feet and as a percent of the lot area, for each lot.
2.
If the site plan includes steep slope
areas, identification of soil types present on the property with specific
reference to highly erodible soils as identified by the United States
Department of Agriculture Soil Conservation Service.
3.
Details on how the proposed construction
will minimize adverse impacts upon the existing natural features of
the lot shall be provided.
4.
Plans and specifications for any
retaining walls, steps, fences or other protective structures shall
be provided.
608.7.
Lot Grading/Driveway/Drainage Plans. For all lots with proposed disturbance of a steep slope area, a lot grading/driveway/drainage plan shall be approved by the Township Engineer prior to the issuance of a building permit or demolition permit. Said plans shall include, but not be limited to, existing and proposed topographical contours as required herein, limits of disturbance, construction details, soil erosion, sedimentation control measures and drainage calculations and, where required by the Township Engineer, stormwater control measures. Prior to the issuance of a certificate of occupancy, for any lot where a steep slope area has been disturbed, an as-built survey prepared by a licensed land surveyor registered in the State of New Jersey shall be filed with the Township Engineer who shall review same to assure compliance with the approved lot grading/driveway/drainage plan. In addition to such other fees as may be required by the Township, a separate fee of $200 shall be payable to the Township for review of the lot grading/driveway/drainage plan in connection with a proposed disturbance of steep slope areas. In addition to the requirements of Chapter 17 of the Millburn Township Ordinance Code, the design standards for lot grading/driveway/drainage plans for lots with a proposed disturbance of steep slope areas shall include at minimum the following:
[Ord. No. 2434-14]
a.
No soil shall be excavated, removed, deposited
or disturbed except as a result of and in accordance with a lot grading
plan approved under the terms of this chapter.
b.
Proposed disturbance of the soil shall
be executed in a manner that will not cause erosion or other unstable
conditions.
c.
Provision shall be made for the proper
disposition of surface water runoff so that it will not increase unstable
conditions. Appropriate storm drainage facilities shall be provided
for downstream properties.
d.
Provision shall be made for any structure
or protection measures that may be required for the protection of
the public safety, including but not limited to retaining walls, guide
rails, headwalls, drainage systems and fences.
e.
Provision shall be made for a safe water
supply and for the disposal of sanitary sewage as approved by the
Board of Health.
f.
Any proposed building or structure or attendant
protective measures shall not impede the flow of surface water through
any watercourse. Only a nominal increase in water surface elevation
and velocities will be allowed due to construction.
g.
Any proposed vehicular facilities including
roads, drives or parking areas, shall be so designed that any land
disturbances shall not cause excessive erosion. Both the vertical
and horizontal alignment of vehicular facilities shall be so designed
that hazardous circulation conditions will not be created.
h.
Final grades of the proposed driveway shall
be in conformance with the Millburn Township ordinance related to
streets and sidewalks.
i.
Any fill placed on the lots shall be properly
stabilized and, when found necessary depending upon existing slopes
and soil types, supported by retaining walls or other appropriate
structures as approved by the Township Engineer.
j.
All cuts shall be supported by retaining
walls or other appropriate retaining structures when, depending upon
the nature of the soil characteristics, such structures are found
necessary by the Township Engineer in order to prevent erosion.
k.
There shall be no alteration of site elevations
in excess of one foot within five feet of an adjoining property.
l.
No retaining wall on a residential site
shall exceed six feet in height, and there shall be a minimum distance
between stepped retaining walls equal to the height of the highest
wall. All retaining walls greater than four feet in height shall be
designed by a professional engineer, and it shall be certified by
a professional engineer that the wall was constructed in accordance
with approved plans.
[Ord. No. 2471-16]
609.1.
Accessory Uses in Residential Districts.
[Ord. No. 2471-16]
a.
Accessory uses permitted in residential
districts are set forth in Article 6, Zoning Provisions.
b.
All accessory uses shall be constructed
only within rear yards, except as modified in Section 609.5 for corner
lots. Driveways shall be permitted in any yard subject to the coverage
limitations set forth in this ordinance.
c.
All accessory uses shall occupy an area
no greater than 20% of the rear yard area and the unoccupied part
of such rear yard shall include an area of at least 25% of the total
lot area. This provision shall not apply to corner lots, where accessory
uses shall occupy no more than 7% of the total lot area.
d.
Air-conditioning units may be placed only
in rear and side yards. If placed in a side yard, it shall be (a)
screened from view from the street and adjoining properties by fencing
or evergreen planting and (b) located a minimum of two times the required
side yard setback from the nearest off-site principal building. If
placed in a side or rear yard, it shall be located no more than five
feet from the building being served.
[Ord. No. 12-95]
e.
All supportive mechanical equipment for
an accessory use shall have a minimum setback equal to three times
the accessory use setback or shall be within five feet of the principal
structure and located within the rear yard only. See Section 606,
Zone Requirements.
f.
Emergency Generators. Emergency generators,
which are intended to be permanently installed, shall be a permitted
accessory use subject to the following:
[Ord. No. 2416-13]
1.
Except as otherwise provided herein,
an emergency generator shall be permitted only within a side or rear
yard.
2.
An emergency generator shall comply
with the side and rear yard setback requirements for accessory uses
in the zone.
3.
On corner lots, an emergency generator
shall be permitted within a front yard provided that the setback to
the corresponding front lot line shall be no less than a distance
equal to 75% of the minimum front yard setback requirement for a principal
building in the zone.
4.
If the area covered by an emergency
generator pad is less than or equal to 50 square feet, such coverage
shall not count towards maximum permitted lot coverage. If the area
of coverage exceeds 50 square feet, the entire area of the emergency
generator pad shall be counted toward maximum permitted lot coverage.
5.
An emergency generator shall be screened
by fencing compliant with municipal ordinances or vegetation of a
type, height and density that provides for year-round screening so
that it will not be visible from adjacent properties or a public street.
Such screening shall be maintained in good condition at all times.
6.
Approval for the installation of
an emergency generator may be granted by the Building Department provided
that the location and dimensions of the generator/pad are drawn to
scale on a survey of the subject property which is accompanied by
a certification by the homeowner that the survey is accurate as drawn
and that there have been no material changes since the survey was
prepared, and provided further that compliance with all of the requirements
of this section is accurately depicted on the survey.
7.
The testing of an emergency generator
shall be permitted only between 10:00 a.m. and 4:00 p.m., Monday through
Friday.
g.
When any accessory buildings, structures or uses are attached to
the principal building, or located within four feet of the principal
building, it shall be considered a part of such principal building
and as such shall also comply with all bulk requirements applicable
to the principal building. Decks and patios less than 18 inches above
grade, and accessory buildings, structures or uses less than 100 square
feet in size, are exempt from this provision and shall be considered
accessory buildings, structures or uses, and subject to all accessory
bulk requirements.
[Added 7-19-2022 by Ord.
No. 2613-22]
609.2.
Amusement Devices. The operation
of amusement and recreational devices as the principal use of any
premises in the Township is prohibited. The operation of amusement
and recreational devices as an accessory use is permitted in the B-1,
B-2, B-3, and B-4 Districts.
[Ord. No. 2471-16]
609.3.
Buffers. Within the CD, B-1, B-2A,
B-2B, B-2C, B-3, B-4, OR-1, OR-2, OR-3, and CMO Zones, in which an
application for development abuts a residential zone or use, a buffer
shall be provided. No development is permitted in the buffer area.
[Ord. No. 2471-16; amended 7-19-2022 by Ord. No. 2617-22]
a.
When the property of a nonresidential use,
a multifamily housing development, or any combination thereof abuts
the R-3, R-4, R-5, R-6, or R-7 Zones or a residential use on the side
or rear, a strip of land shall be designated as a buffer and so indicated
on the plat, measuring either 20% of the average width or depth of
the property or 50 feet, whichever is less. Buffer areas shall be
contiguous with residential property lines and shall be of uniform
width. The applicant shall erect a six-foot-high stockade or other
wood fence and a dense evergreen planting within the buffer area.
b.
Fencing
installed within the buffer area shall be set back from the property
line at least five feet, and landscape screening shall be provided
between the fence and the property line abutting the residential use
or zone. Trees and shrubs shall be planted between the fence and residential
line and shall be planted in a zigzag pattern not more than six feet
apart at center, except where otherwise authorized by the approving
authority.
c.
In the remaining buffer area, a solid and
continuous landscape screen shall be planted and properly maintained
to conceal the parking area, eliminate the glare of automobile lights
throughout the year, and screen the building from the abutting residential
areas.
d.
All
tree plantings within the buffer area shall consist of evergreen trees,
such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees
shall not be less than five feet high when planted and not less than
20 feet high at maturity, and the lowest branches shall not be more
than one foot above the ground.
e.
The approving authority may consider the
effectiveness of existing vegetation in providing the desired screening,
and may consider other factors which may alter the design of the buffer.
f.
All loading areas and parking lots shall
be buffered from adjoining streets, existing residential uses and
residential zoning districts in accordance with this section.
609.4.
Community Residences for Developmentally
Disabled and Shelters for Victims of Domestic Violence. Pursuant to
N.J.S.A. 40:55D-66.1, Community Residences for the Developmentally
Disabled and Community Shelters for Victims of Domestic Violence,
which terms shall have the meanings set forth in N.J.S.A. 40:55D-66.2,
shall be a permitted use in residential districts R-3 through R-8.
If such a residence or shelter houses more than six persons, excluding
residence staff, it may be permitted upon the issuance of a conditional
use permit by the Planning Board, provided that:
[Ord. No. 2471-16]
a.
No more than 15 persons, excluding resident
staff, shall be housed in such a residence or shelter;
b.
No permit will be issued to a proposed
residence or shelter located within 1,500 feet of an existing such
residence or shelter;
c.
Such a residence or shelter be located
only abutting an arterial or collector street;
d.
A permit shall be denied if the number
of persons, excluding resident staff, resident at such existing residences
or community shelters in the Township exceeds 50 persons or 0.5% of
the population of the Township, whichever is greater;
e.
If a residence houses mentally ill persons,
such residence must have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures established
by regulation of the New Jersey Division of Mental Health and Hospitals
of the Department of Human Services.
f.
All such residences or shelters shall comply
with all applicable standards of the New Jersey Uniform Construction
Code and the Fire Prevention Code then in effect in the Township.
g.
All such community residences and shelters
shall comply with the zoning requirements in the district in which
they are located and for the type of housing that it is (single-family
detached or single-family attached). Existing housing which does not
conform to this ordinance shall not be used for community residences
or shelters.
h.
Such residences or shelters shall give
preference to persons residing in the Township.
i.
One on-site parking space shall be provided
for each two beds, plus one space for each staff member, whether or
not a resident. One of the non-staff spaces shall be 12 feet by 19
feet to conform to the requirements of this ordinance for handicapped
parking.
j.
The exterior design of the facility shall
conform to the general character of the area.
609.5.
Corner Lots. Any principal building located on a corner lot shall
meet the minimum front setback from both street lines. The building
setback from the remaining property lines shall be considered the
side setback.
[Ord. No. 2471-16; amended 5-17-2022 by Ord. No. 2601-22]
609.6.
Fences and Walls.
[Ord. No. 2471-16; Ord. No. 2517-18]
a.
Fences and walls shall not be located in any sight triangles (as sight triangle is defined in this ordinance). Fences and walls or any combination thereof in side and rear yards shall not exceed (separately or combined) six feet in height. Walls, berms or solid mass in front yards shall not exceed two feet in height. Fences in front yards are prohibited, except for (a) fences surrounding or outlining landscaping which are 18 inches or less in height, (b) temporary fences which protect landscaping from winter damage, (c) decorative fences within a front yard not to exceed four feet in height, provided that the lot in question fronts a County roadway and the fence is landscaped in order to maintain a natural quality; and provided further that no chain link fence or board on board fence shall be permitted within a front yard, except that for a lot fronting on South Orange Avenue a board on board fence shall be permitted, and (d) temporary fencing during construction activity, as required by subsection 3-8.6(c) of Chapter 3 of the Revised General Ordinances of the Township of Millburn. A repair or replacement to a front yard fence is permitted when the replacement fence is four feet or less in height. A repair or replacement to a front yard wall is permitted provided that no additional length or height is added to the original.
[Ord. No. 2155-99; Ord. No. 2241-04; Ord. No. 2517-18]
b.
Any combination of a retaining wall and
fence shall have the maximum height of six feet; if the combined retaining
wall and fence would exceed six feet in height, the fence must set
back at least three feet from the wall and the area of the set back
must be appropriately landscaped to prevent the appearance of a visual
mass from off the property. The height of a retaining wall shall be
measured from the lowest point of the grade at the base of the proposed
wall prior to the construction of the wall. The height of a fence
shall be measured from the ground after construction of the fence
without regard to topography.
[Ord. No. 2155-99]
c.
Any retaining wall over four feet in height
constructed to correct a ground condition shall be designed to address
all drainage issues and must be approved by the Township Engineer.
[Ord. No. 2151A-99]
d.
Fences with only one finished side shall
be erected so that the finished side is visible from off the property
on which it is to be installed. Fences which have two finished sides
shall be erected so that both sides are substantially the same in
appearance.
[Ord. No. 2151A-99]
609.7.
Lots.
[Ord. No. 2471-16]
a.
Insofar as is practical, side lot lines
shall be either at right angles or radial to street lines.
b.
Each lot must front on an approved, paved
street with a right-of-way of at least 50 feet.
c.
Where extra width for street widening in
accordance with the Master Plan, Official Map or this ordinance is
called for, the land shall either be dedicated or, if not dedicated,
shall be anticipated by increasing the lot size. The zoning considerations
shall begin at such new or anticipated street line and all areas,
dimensions, and setbacks shall be measured from such line.
d.
Whenever land has been dedicated or conveyed
to the Township by the owner of a lot in order to meet the minimum
street width requirements or to implement the Official Map or Master
Plan, and which lot existed at the effective date of this ordinance,
the building inspector shall not withhold a building and/or occupancy
permit when the lot depth and/or area was rendered substandard due
to such dedication and where the owner has no adjacent lands to meet
the minimum requirements.
e.
Through lots with frontage on two streets
will be permitted only where the lot cannot be divided into two or
more conforming lots.
f.
Natural features such as trees, brooks,
swamps, hilltops, and views shall be preserved wherever possible.
On individual lots, care shall be taken to preserve selected trees
to enhance soil stability and the landscape of the area.
609.8.
Nonconforming Lots and Structures.
[Ord. No. 2471-16]
a.
Any existing structure on a nonconforming
lot, or any existing structure on a conforming lot which violates
any yard requirements, may have additions to the principal building
or construct an accessory building without an appeal for a variance,
provided the accessory building or the addition to the principal building
does not violate any requirements of this ordinance, and does not
extend or increase any existing nonconformity.
[Ord. No. 15-95; Ord. No. 2344-09]
b.
When the owner of a lot, at the time of
adoption of this ordinance, does not own any adjoining vacant land,
and when the owner can utilize the lot for the uses permitted and
comply with all zone requirements other than area and frontage, he
may utilize the lot without obtaining a variance, otherwise a variance
must be obtained for all requirements that cannot be met.
609.9.
Principal Use. There shall not be
allowed or maintained on any lot more than one permitted principal
use; provided, however, no more than one principal building shall
be permitted on any one lot except that a shopping center, multi-family
housing project, industrial complex, office complex, or office-hotel
complex, all receiving site plan approval, may be permitted to have
more than one building on a lot in accordance with the standards of
the zoning district in which it is located.
[Ord. No. 2471-16]
609.10.
Street Graphics. The purpose of this
section is to create the legal framework for a system of street graphics.
[Ord. No. 2471-16]
a.
Table of Design Elements. A Table of Design
Elements for street graphics is included herewith. Except in Areas
of Special Control, as set forth in Section 609.10h, no street graphic
shall be erected, displayed, substantially altered, or reconstructed
except in conformance with the Table of Design Elements, hereinafter
referred to as "the Table."
[Ord. No. 12-93; Ord. No. 15-95; amended 10-2-2019 by Ord. No. 2541-19]
|
Table of Design Elements
| ||||
|---|---|---|---|---|
|
Key: Y = Yes; N = No; W = White
| ||||
|
Zoning Districts
| ||||
|
R-3 thru R-8, R-O
|
B-1, B-2
|
B-3, B-4
|
OR-1 thru OR-3, CMO, CD, C
| |
|
Basic elements
| ||||
|
Wall graphic - area
|
2 square feet
|
20%
|
20%
|
10% (Note A)
|
|
Wall graphic - height
|
1 foot
|
2 feet
|
2 feet
|
2 feet (Note A)
|
|
Ground graphic - area
|
2 square feet
|
(Note B)
|
20 square feet
|
20 square feet
|
|
Ground graphic - height
|
5 feet
|
15 feet
|
10 feet
|
5 feet
|
|
Projecting signs (see Section 609.10e)
|
N
|
N
|
Y
|
N
|
|
Auxiliary elements
| ||||
|
Awnings (Note E)
|
N
|
Y
|
Y
|
N
|
|
Sidewalk/sandwich board signs
(see Section 609.10f)
|
N
|
N
|
Y
|
N
|
|
Canopies
|
N
|
Y
|
Y
|
N
|
|
Marquees
|
N
|
N
|
Y
|
N
|
|
Time & temperature
|
N
|
Y
|
Y
|
N
|
|
Window/glass storefront
|
N
|
(Notes C & D)
|
N
| |
|
Surface color
|
W + 1
|
All
|
All
|
W+2
|
|
Notes:
| |
|
Note A: In the OR-3
District, buildings which are two or more stories in height and have
a front setback of at least 100 feet may have wall graphics displayed
on each street frontage, provided:
| |
|
1.
|
Graphics are not over seven feet
in height;
|
|
2.
|
Graphics are at least 20 feet above
any area used by the public;
|
|
3.
|
Graphic area does not exceed 150
square feet;
|
|
4.
|
Graphic area does not exceed 5% of
the wall area to which attached;
|
|
5.
|
Graphic does not project above roof
line.
|
|
Note B: One ground graphic
identifying the activities on the property may be displayed along
each street or road which abuts the property, provided there exists
at least 200 feet of unbroken frontage and a vehicular access. Ground
graphics for individual businesses are not permitted. Area of graphic
shall not exceed 50 square feet, and height shall not exceed 15 feet
above grade at street line. Setback shall be at least 20 feet from
the street and all property lines.
| |
|
Note C: Temporary window
graphics must be removed within five days after close of the sale
or special event and in no event may be displayed more than 40 days.
Graphics must be attached flat against the window glass and not occupy
more than 25% of the total area of the window in which displayed.
| |
|
Note D: Permanent window
graphics may not occupy more than 25% of the total area of the window
in which displayed. Any lettering in the window which is less than
three inches in height shall not be considered in this calculation.
| |
|
Note E: Awnings shall
be permitted on any retail use in any zoning district under any of
the following conditions:
| |
|
1.
|
The use is specifically permitted
in the zoning district; or
|
|
2.
|
The use is permitted through the
granting of a use variance; or
|
|
3.
|
The use is a valid pre-existing nonconforming
use.
|
|
Note F: In the R-3 through
R-8 and R-O Districts, wall and ground graphics shall not be illuminated,
except for those Areas of Special Control as set forth in Section
609.10h(1) and (2).
| |
b.
Items of Information Allowed.
1.
Each land use is entitled to display
street graphics containing up to 10 items of information on each street
to which it has access. The name of the proprietor or the name of
the business occupying the building and its premises shall count as
only one item of information. The name may be displayed on each street
frontage, even if the items of information use up the permitted 10
items.
2.
An "item of information" means any
of the following: a syllable of a word; an abbreviation; a number
(whether one digit or more); a symbol; or a geometric shape. In addition,
graphics combining several shapes are to be assessed one additional
item for each noncontinuous plane.
3.
Lettering less than three inches
in height, if contained in a wall graphic, is not included.
c.
Ground Graphics.
1.
Any land use may display one or more
ground graphics, provided:
(a)
The face of the building or structure
is set back at least 35 feet from the street line;
(b)
The ground graphic shall not exceed
eight feet in height, measured from the grade at the street line;
(c)
A ground graphic which is six square
feet or more in area may be displayed only on a frontage of 100 feet
or more;
(d)
The ground graphic shall be set back
from each property line and the street line a minimum of 10 feet,
or 1.5 times the height of the graphic, whichever is greater.
d.
Wall Graphics.
1.
The area permitted for wall graphics
is shown in the Table of Design Elements.
2.
"Signable area" of the building means
an area of the facade of the building which is free of windows, doors,
and major architectural detail. The percentage figures shown in the
Table are based on the signable area. The following provisions apply
in calculating the graphic area:
3.
A graphic may not cover or interrupt
major architectural features, such as a frieze, string courses, or
other decorative facade details.
4.
Wall graphics height limitations:
(a)
Wall graphics placed in the space
between windows may not exceed in height more than 2/3 of the distance
between the top of a window and the sill of the window above, or major
architectural details related thereto;
(b)
Wall graphics may not extend above
the second floor line, nor above the roof line of the building to
which attached.
[Ord. No. 9-87]
e.
Projecting signs or blade signs are allowed per the Table of Design
Elements. Each tenant or business is entitled to one projecting or
blade sign, provided they can conform to the requirements listed below:
[Amended 10-2-2019 by Ord. No. 2541-19]
1.
The bottom of any projecting sign must be at least eight feet
zero inches above sidewalk level or elevated entry platform; the top
of the projecting sign may not extend higher than whichever of the
following may be the lowest: 15 feet zero inches above sidewalk level
or elevated entry platform, or six inches below the windowsill of
a second-floor window.
2.
Must be securely attached to the building facade by a structural
supporting bracket extending no farther than 40 inches from the building
facade. Decorative support brackets may extend 12 inches above the
top of the sign.
3.
Signage shall not extend or project more than 40 inches from
the building facade.
4.
Signage shall not exceed three square feet in total area.
5.
Signage may be illuminated by decorative, internal lighting,
or indirect light sources. Signage illuminated by bare bulbs and floodlights
is not permitted.
f.
Sidewalk signs/sandwich board signs, where permitted per the Table
of Design Elements:
[Added 10-2-2019 by Ord.
No. 2541-19[1]]
1.
Each street-level tenant/storefront is entitled to one sidewalk
sign in front of their establishment. Signs may be double-sided.
2.
Maximum size shall be 24 inches wide by 48 inches high.
3.
Frames shall be wood or metal.
4.
Placement of signs must allow for five feet of clearance between
the sign and the curb, or any utility pole, street furniture, or other
permanent sidewalk structure.
[1]
Editor's Note: This ordinance also provided for the renumbering
of the remainder of this section.
g.
Special Situations.
1.
Street graphics may be displayed
on the side or rear of a building adjacent to an off-street parking
area if the off-street parking area is 40 feet or more in width. However,
the side or rear of the building may not be included when calculating
the signable area.
2.
If a building has frontage on two
or more streets, each side of the building is to be separately considered.
h.
Areas of Special Control.
1.
A church, school or other quasi-public
land use in an R-3 through R-8, or R-O District may display one ground
graphic not larger than 15 square feet in area. Golf courses and private
clubs may display one ground graphic not to exceed 10 square feet
in area and five feet in height for each vehicular entrance from a
public street.
2.
Apartments in the R-8 District may
have one ground graphic not larger than 12 square feet in area and
five feet in height for each 200 feet of street frontage.
3.
Automobile service stations may have
one pole mounted ground graphic not larger than 15 square feet in
area, nor more than 20 feet in height, in addition to the provisions
of the Table of Design Elements.
4.
The following graphics are prohibited:
(b)
Portable graphics (except sidewalk
signs/sandwich board signs per Section 609.10(f) and the Table of
Design Elements).
[Amended 10-2-2019 by Ord. No. 2541-19]
(c)
Graphics with motion or which give
the illusion of motion.
(d)
Flashing or intermittent light for
graphics.
(e)
Temporary signs identifying architects,
engineers, contractors, builders, painters, gardeners and any other
tradesman or service providers engaged in construction, improvement,
repair, refurbishing, landscaping or any other commercial activity
relating to structures in residential zones.
[Ord. No. 2170-00]
(f)
Internally lit box signs. Existing internally lit box signs can remain
in use but cannot be replaced.
[Added 10-2-2019 by Ord. No. 2541-19]
5.
The following temporary graphics
are permitted and do not require a permit:
(a)
Graphics identifying the sale, rental,
or lease of the premises on which located, subject to a maximum graphic
area of four square feet in the R-3 through R-8 and R-O Districts,
and nine square feet in all other districts; ground graphic provisions
shall apply; graphics shall be removed no more than seven days after
the date when the contract or lease is signed or the reason for the
graphic has ceased; open house graphics shall be allowed only during
the day when the open house is being conducted.
[Ord. No. 20-95; Ord. No. 2170-00]
(b)
Developments with three or more lots
for sale shall be permitted one ground graphic not larger than 12
square feet in area or five feet in height.
(c)
Temporary window graphics.
(d)
Graphics on the grounds of churches,
schools, or other quasi-public land uses provided they do not exceed
15 square feet and are not displayed for more than 14 days.
(e)
Temporary real estate directional signs.
[Added 3-19-2019 by Ord.
No. 2527-19; amended 10-2-2019 by Ord. No. 2541-19]
(1)
"Temporary real estate directional signs" shall
be defined as removable freestanding signs, to be in or on the ground,
not to exceed 18 inches in height, 24 inches in width and no higher
than 30 inches above existing grade, that are used to direct potential
home buyers to an active open house.
(2)
Signs may be placed in the public right-of-way;
however, no sign shall create a sight triangle obstruction for motorists
or an obstruction to pedestrians. No sign shall be placed on private
property without the written permission of the property owner.
(3)
A temporary real estate directional sign may only
be installed during the hours of 11:00 a.m. to 5:00 p.m. on the day
of the open house. Signs must be removed by 6:00 p.m. on the same
day of the open house.
(4)
No more than four temporary real estate directional
signs shall be placed for a single open house. These signs must identify
the broker sponsoring the open house and a phone number.
(5)
A temporary real estate directional sign, as defined
herein, shall not include any illumination, nor shall there be affixed
thereon any balloons, streamers or other decorative accessory.
6.
Signs indicating the presence of a security device or system are permitted. Security device or system shall have the same meaning as a "local alarm" or a "private alarm system" as defined in Chapter 4, Subsection 4-1.4 of the Revised General Ordinance of the Township of Millburn (1994).
[Ord. No. 2170-00]
i.
Permits.
1.
No street graphic other than temporary
graphics as set forth in Section 609.10h5, sidewalk/sandwich board
signs, or those operations set forth in Paragraph 3 below, shall be
erected, altered, or relocated without a permit issued by the Zoning
Officer.
[Amended 10-2-2019 by Ord. No. 2541-19]
2.
Applications for permits shall include
a drawing showing the design, location, pertinent details, and the
name and address of the owner and applicant.
j.
Auxiliary Elements. See Table.
1.
Awnings and canopies are permitted
in the B-1 through B-4 Districts, and as otherwise permitted in accordance
with Note E in the Table of Design Elements. Letters over three inches
in height which are displayed are debited against the allowable graphic
area.
2.
Temporary window graphics are not
debited against the allowable graphic area.
3.
Indirect illumination, i.e. a light
source not seen directly, is permitted.
4.
Floodlight illumination is permitted,
provided none of the light shines onto an adjoining property or in
the eyes of motorists or pedestrians.
5.
Bare bulb illumination is not permitted.
k.
Graphics and signage for businesses no longer in operation.
[Added 10-2-2019 by Ord.
No. 2541-19[3]]
1.
Businesses no longer in operation shall have all of their signage
related to the business removed within 30 days of closing or ceasing
operation.
2.
Removal of such signage shall be the responsibility of the property
owner.
3.
Signage to be removed shall include:
[3]
Editor's Note: This ordinance also provided for the repeal
of former Subsection k, Advisory Board.
l.
Any violations of this section shall be enforced as described in
Section 419, Violations and Penalties, of the Development Regulations
and Zoning Ordinance.
[Added 10-2-2019 by Ord.
No. 2541-19]
609.11.
Swimming Pools.
[Ord. No. 2471-16]
a.
No private residential pool shall be installed
on any lot unless it contains a residence and said pool shall be accessory
to the residence. The pool shall meet the setback and other requirements
for accessory uses set forth in Sections 606 and 609.1 of this ordinance.
Swimming pool areas shall be permitted to have general above-ground
lighting up to 30 inches in height.
b.
Pools shall be installed, operated, and
used in accordance with other health and safety ordinances regarding
water filtration, circulation, and treatment; fencing; noise; and
lighting.
609.12.
Trailers, Campers and Boats. No trailer,
camper or boat shall be used for dwelling purposes or as sleeping
quarters, nor shall any such equipment be used for storage or space
for the permanent conduct of any business, profession, occupation
or trade, except that such facilities may be used temporarily when
a building has been damaged, or for temporary use as a construction
office located on a site during construction provided a temporary
permit has been issued for its use by the construction official. This
section shall not be construed to prohibit the parking or storage
of such equipment on private premises, except that the parking or
storage shall be in rear yard areas only.
[Ord. No. 2471-16]
