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 zoning map is included as an attachment to this chapter.)
[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 is included as an attachment to this chapter.)[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; 2-6-2024 by Ord. No. 2657-24]
a. 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service, are prohibited.
b. 
Check-cashing shops.
c. 
Pawn shops.
d. 
Rooming and boarding houses.
e. 
Sexually oriented businesses.
f. 
Slaughter houses.
g. 
Smoke shops.
h. 
Tattoo parlors, including body piercing establishments.
i. 
The retail or wholesale sale of weapons or firearms, as the same are defined in N.J.S.A. 2C:39-1, including shooting ranges.
j. 
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]
[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.
b. 
Permitted Principal Uses.
1. 
Utility facilities related to the protection, preservation, or distribution of regional water supplies.
2. 
Park and recreation uses in areas meeting the definition of "open-space" as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-5.
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.
d. 
Area and Setback Requirements. These requirements do not apply to wells.
1. 
Setback from all property lines - minimum: 100 feet.
2. 
Setback from nearest residence - minimum: 200 feet.
3. 
Maximum structure height: 32 feet.
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.
3. 
Short-term rentals as defined herein and as regulated by Section 4-42 of the Revised General Ordinances of the Township of Millburn.
[Added 12-15-2020 by Ord. No. 2566-20]
d. 
Conditional Uses.
[Ord. No. 2417-13; amended 9-19-2023 by Ord. No. 2646-23]
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.
[Amended 9-19-2023 by Ord. No. 2646-23]
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*
100% of Prevailing Front Yard Setback
100% of Prevailing Front Yard Setback
(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:
*
Where no prevailing front yard setback can be established due to less than two qualifying properties being available for comparison, a minimum front yard setback of 40 feet shall apply.
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%
(e)
Building height - stories
2.5
2.5
2.5
2.5
(f)
Front setback**
115% of Prevailing Front Yard Setback
125% of Prevailing Front Yard Setback
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]
**
Where no prevailing front yard setback can be established due to less than two qualifying properties being available for comparison, no maximum front yard setback shall apply.
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]
[Ord. No. 2491-17]
a. 
Purpose. To provide a residential area for small one- and two-family dwellings.
b. 
Permitted Principal Uses.
1. 
Single-family dwellings.
2. 
Two-family dwellings.
c. 
Accessory Uses. Same as Section 606.2c.
d. 
Conditional Uses. Same as Section 606.2d.
e. 
Area and Setback Requirements.
[Amended 9-19-2023 by Ord. No. 2646-23]
1.
Minimums.
One-Family
Two-Family
(a)
Lot area-square feet
4,000
5,000
(b)
Lot width-feet
40
50
(c)
Front setback
75% of Prevailing Front Yard Setback, but no less than 5 feet.
(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%
(e)
Building height-stories
2.5
2.5
(f)
Front setback*
125% of Prevailing Front Yard Setback
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:
*
Where no prevailing front yard setback can be established due to less than two qualifying properties being available for comparison, no maximum front yard setback shall apply.
[Ord. No. 2241-04; amended 9-19-2023 by Ord. No. 2646-23]
[Amended 9-19-2023 by Ord. No. 2646-23]
a. 
Purpose. To provide for multiple dwellings in areas where they are compatible with existing development, and to allow variety in housing types.
b. 
Permitted Principal Uses.
1. 
Single-family dwellings.
2. 
Two-family dwellings.
3. 
Attached dwellings.
4. 
Apartments.
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.
[Amended 9-19-2023 by Ord. No. 2646-23]
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*: 100% of Prevailing Front Yard Setback.
(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%.
(i) 
Maximum building height-feet: 32 feet; 2.5 stories.
(j) 
Maximum front setback*: 125% of Prevailing Front Yard Setback
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 setback: 100-125% of Prevailing Front Yard Setback.
(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]
(a) Side and rear setback
4 feet, 3 feet for detached garages
(b) Maximum structure height - feet
18 feet
f. 
Other Provisions. No basement apartments shall be permitted except for resident staff.
NOTE: *Where no prevailing front yard setback can be established due to less than two qualifying properties being available for comparison, a minimum front yard setback of 20 feet shall apply, and no maximum front yard setback shall apply.
[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.
d. 
Maximum development yield.
1. 
The total number of multifamily residential units shall not exceed 62.
2. 
The total gross floor area of medical office use shall not exceed 10,000 square feet.
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:
(a) 
A level of parking that is below the grade of the courtyard/plaza.
(b) 
Residential apartments on the first, second, and third floors, with the lowest residential level being at the grade of the required courtyard/plaza.
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.
3. 
Parking requirements. The required parking shall be as follows:
(a) 
Residential: compliant with RSIS.
(b) 
Medical office: five spaces per 1,000 square feet of gross floor area.
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.
(a) 
Directional signs shall not exceed six square feet and shall be permitted at each driveway access point.
(b) 
Wayfinding signs shall not exceed three square feet and shall be permitted as deemed appropriate by the Planning Board to direct residents to the various building components.
[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.
d. 
Maximum Development Yield.
1. 
The total number of residential multi-family units shall not exceed 53.
2. 
Market-rate units shall be limited to one- and two-bedroom apartments.
e. 
Area, Bulk and Setback Requirements.
1. 
The minimum tract area shall be 1.5 acres.
2. 
Setbacks From Street Lines.
(a) 
Required minimum building setbacks from street lines shall be as follows:
(1) 
Five feet along Millburn Avenue;
(2) 
Five feet along Douglas Street; and
(3) 
Five feet along Essex and Spring Streets.
(b) 
Porches and stoops may project into the setback.
3. 
Setbacks From Internal Lot Lines. Required minimum building setbacks from internal lot lines shall be as follows:
(a) 
Seven feet along the side lot line shared with Block 1211, Lot 2; and
(b) 
Two feet along the side and rear lot line shared with Block 1211, Lot 6.
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. 
Residential signage lighting.
(a) 
All residential facade signs shall be lighted in one of two ways:
(1) 
Externally lit, wall-mounted, focused, directional lights such as goose-neck lights or sconces, in which the lighting source is shielded, and the bulb exposure limited to that sufficient to illuminate the sign content; or
(2) 
Halo-illuminated, providing a shielded back-glow illumination.
(b) 
All lighting should be selected from the International Dark Sky Association's Fixture Seal of Approval program in order to limit glare, light trespass, and skyglow.
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.
[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.
(a) 
Directional graphics shall not exceed six square feet and shall be permitted at each driveway access point.
(b) 
Wayfinding graphics shall not exceed three square feet and shall be permitted as deemed appropriate by the Planning Board to direct residents to the various building components.
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.
[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.
(a) 
Directional signs shall not exceed six square feet and shall be permitted at each driveway access point.
(b) 
Wayfinding signs shall not exceed three square feet and shall be permitted as deemed appropriate by the Planning Board to direct residents to the various building components.
5. 
Ground graphics (monument or freestanding signs) are prohibited.
[Added 3-7-2023 by Ord. No. 2633-23]
Zone Boundaries. The following standards shall govern development on Block 5304, Lot 1 as a zoning overlay. Development may use the standards contained herein or those contained in the underlying Conservation-Recreation (C) zone presently governing development of Block 5304, Lot 1.
a. 
Purpose. To provide for potential future development of the Canoe Brook Country Club or portions thereof for residential development.
b. 
Permitted Principal Uses.
1. 
Apartments.
c. 
Permitted Accessory Uses.
1. 
Parking and loading areas.
2. 
Sustainable building and site design features, such as but not limited to roof-mounted solar energy generating facilities, green roof, electric vehicle supply equipment, and stormwater retention systems.
3. 
Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.
4. 
Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited building occupants and management.
d. 
Area and Setback Regulations.
1. 
Minimum tract area: 100 acres.
2. 
Minimum front setback: 10% lot depth.
3. 
Minimum side setback: 10% lot width.
4. 
Minimum rear setback: 20% of lot depth.
5. 
Minimum distance between principal buildings: 40 feet.
6. 
Maximum building coverage: 30%.
7. 
Maximum lot coverage: 60%.
8. 
Maximum building height: 40 feet/three stories.
9. 
No parking between the street line and the building.
10. 
Accessory Structures.
(a) 
Minimum side and rear yard setback: 10 feet.
(b) 
Distance from principal buildings: 20 feet.
(c) 
Maximum Height: 18 feet.
e. 
Development Yield:
1. 
Maximum development yield for multifamily housing development shall not exceed a density of eight dwelling units per acre.
2. 
Each apartment building shall not exceed 50,000 square feet of floor area.
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), which shall control in the case of any conflicts with this ordinance, 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. 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 building(s) or in separate area(s) or floor(s) 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. 
No more than 50% of units may be age-restricted as to both market-rate and affordable housing units.
f. 
Other Provisions.
1. 
Private outdoor residential amenity space shall be provided at a rate of 100 square feet per unit.
2. 
No basement apartment dwelling units shall be permitted.
3. 
Dwelling units shall not be utilized for short term rentals pursuant to Section 606.2c3.
a. 
Purpose. To provide an area for regional shopping facilities.
b. 
Permitted Principal Uses.
1. 
Retail sales.
2. 
Offices and financial institutions.
3. 
Restaurants.
4. 
Fast food restaurants.
5. 
Retail food establishments.
6. 
Eating and drinking places.
[Ord. No. 9-93, 11-93]
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.
[1]
Editor's Note: Former Section 606.6, Highway Business B-2, as amended, was repealed 7-19-2022 by Ord. No. 2606-22.
[Added 7-19-2022 by Ord. No. 2606-22[1]]
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.
e. 
Area and Setback Requirements.
1. 
Minimums.
(a) 
Lot area-acres: one.
(b) 
Lot width-feet: 150.
(c) 
Front setback-feet: 25.
(d) 
Side setback-feet: eight. One foot for every two feet in building height, but not less than eight feet on a side.
(e) 
Rear setback-feet: 75.
2. 
Maximums.
(a) 
Building coverage: 30%.
(b) 
Floor area ratio: 0.8.
(c) 
Lot coverage: 80%.
(d) 
Building height: 40 feet, three stories.
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.[2] 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.
[2]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
[1]
Editor's Note: This ordinance also redesignated former Section 606.6.1 as Section 606.6.4.
[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.
e. 
Area Setback Requirements.
1. 
Minimums.
(a) 
Lot area-acres: one.
(b) 
Lot width-feet: 150.
(c) 
Front setback-feet: 20.
(d) 
Side setback-feet: eight. [NOTE: The setback shall be based on one foot for every two feet in building height, but not less than eight feet on a side.]
(e) 
Rear setback-feet: 50.
2. 
Maximums.
(a) 
Building coverage: 30%.
(b) 
Floor area ratio: 0.8.
(c) 
Lot coverage: 85%.
(d) 
Building height: 40 feet, three stories.
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.[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
[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. 
Area Setback Requirements.
1. 
Minimums.
(a) 
Lot width-feet: 150.
(b) 
Front setback-feet: 20.
(c) 
Side setback-feet: eight. [Note: The setback shall be based on one foot for every two feet in building height, but not less than eight feet on a side.]
(d) 
Rear setback-feet: 50.
(e) 
Lot area-acres: one.
2. 
Maximums.
(a) 
Building coverage: 30%.
(b) 
Floor area ratio: 1.0.
(1) 
Properties fronting on Millburn Avenue: 1.0.
(2) 
Properties fronting on Morris Turnpike: 0.8.
(c) 
Lot coverage: 85%.
(d) 
Building height:
(1) 
Nonresidential: 40 feet, three stories.
(2) 
Structures containing at least one full story of multifamily housing developments: 48 feet, four stories.
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.[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
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]
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]
1. 
Minimum yard setbacks:
(a) 
Front yard setback: 0 feet.
(b) 
Side yard setback:
(1) 
Zero feet, or 10 feet when a side yard is provided.
(2) 
Ten feet to any zone district line.
(c) 
Rear yard setback: 10 feet.
2. 
Minimum lot size: 3/4 acre.
3. 
Maximum building coverage: 90%.
4. 
Maximum lot coverage: 100%.
5. 
Maximum building height: 48 feet, four stories.
6. 
Minimum building stepback: 15 feet at fourth story.
f. 
Area and Setback Requirements – All Other B-4 Properties.
[Added 7-19-2022 by Ord. No. 2607-22[1]]
1. 
Minimum yard setbacks:
(a) 
Front yard setback: 0 feet.
(b) 
Side yard setback:
(1) 
Zero feet, or 10 feet when a side yard is provided.
(2) 
Ten feet to any zone district line.
(c) 
Rear yard setback: 10 feet.
2. 
Maximum building coverage: 90%.
3. 
Maximum lot coverage: 100%.
4. 
Maximum building height: 40 feet, three stories.
[1]
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]
(a) 
Private or shared outdoor residential amenity space shall not be visible from adjacent residential uses or zones and shall not be visible from public rights-of-way or public property.
(b) 
The above provision shall not apply to private balconies and terraces along street-facing facades.
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.[2] 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.
[2]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
[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.
1. 
Offices, including medical offices in the OR-2 Zone, and financial institutions.
[Amended 3-19-2019 by Ord. No. 2528-19]
2. 
Retail services, such as beauty salons and barber shops.
3. 
In addition in the OR-1 Zone, office-hotel complex, multifamily housing development in the area bounded by Block 5302, Lot 1, at the date of adoption of this ordinance.[1]
[Amended 7-19-2022 by Ord. No. 2604-22]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 2604-22.
4. 
In addition in the OR-3 Zone, Mixed-Use Development subject to the standards contained herein.
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.[2] 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.
[2]
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.
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]
(a) 
Wholesale business, light assembly and manufacturing, scientific and other research facilities, warehouses, and offices operated in connection with the foregoing uses.
(b) 
Ambulatory surgical facilities.
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.
2. 
Private Schools. Private schools 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.
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%.
8. 
Maximum building height:
[Amended 7-19-2022 by Ord. No. 2605-22]
(a) 
Nonresidential: 30 feet, two stories.
(b) 
Structures containing at least one full story of multifamily housing developments: 40 feet, three stories.
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.[1] 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.
[1]
Editor's Note: See N.J.S.A. 52:27D-321.3 et seq.
a. 
Purpose. To provide an area devoted to cultural activities intended to enhance the quality of life in the region.
b. 
Permitted Principal Uses. Theaters, museums and similar cultural centers.
c. 
Accessory Uses. Those customarily incidental to permitted uses.
d. 
Area and Setback Requirements.
1. 
Buildings shall be set back a minimum of two times building height from all property lines.
2. 
Maximum building coverage: 30%.
3. 
Maximum lot coverage: 65%.
4. 
Maximum building height: 40 feet.
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.
e. 
Other Provisions.
1. 
Off-street parking shall be limited to side and rear yard areas only.
2. 
Off-street parking areas shall meet the buffer requirements of the ordinance.
3. 
Professionals or employees in the medical-professional offices are not required to reside on-site.
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.
b. 
Permitted Principal Uses.
1. 
Public gardens.
2. 
Horticulture and arboriculture.
3. 
Interpretive and cultural centers for the study of nature, architecture, gardens, history and art, and similar museum/educational facilities.
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:
(a) 
Minimum lot area: 20 acres, which may be provided on contiguous lots in common ownership or leasehold.
(b) 
Maximum number of usable bedrooms: 0.75 per acre.
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]
[Amended 12-21-2021 by Ord. No. 2594-21]
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.
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.
[Ord. No. 2471-16]
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.
(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]
[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]
[Ord. No. 2471-16; amended 6-15-2021 by Ord. No. 2577-21]
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]
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.
[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. 
Definitions.
CERTIFICATE OF OCCUPANCY
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.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
1. 
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
2. 
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
3. 
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.
ELECTRIC VEHICLE
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.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
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."
MAKE-READY PARKING SPACE
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.).
PRIVATE EVSE
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).
PUBLICLY ACCESSIBLE EVSE
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.
(a) 
No EVSE shall be permitted within 20 feet of the property line.
(b) 
EVSE located within 10 feet of an adjacent property shall be screened by fencing or evergreen landscaping at least five feet in height.
(c) 
Publicly accessible EVSE shall be located within 100 feet of a building entrance.
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.
[Ord. No. 2351-10; Ord. No. 2434-14]
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]
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]
The following definitions are applicable to this Section.
DISTURBANCE/DISTURB
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.
GRADE
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.
IMPERVIOUS SURFACE
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.
REDEVELOPMENT
The construction of structures or improvements on areas which previously contained structures or other improvements.
RETAINING WALL
A structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion.
STEEP SLOPE AREA
A slope with a grade of 20% or more, which extends for a horizontal distance of 10 feet or more.
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.
[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.
[Ord. No. 2351-10; Ord. No. 2434-14]
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.
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.
[Ord. No. 2434-14]
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:
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]
[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]
[Ord. No. 2471-16]
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; amended 7-19-2022 by Ord. No. 2617-22]
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.
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.
[Ord. No. 2471-16]
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:
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.
[Ord. No. 2471-16; amended 5-17-2022 by Ord. No. 2601-22; 9-19-2023 by Ord. No. 2646-23]
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.
a. 
Accessory Uses on Corner Lots. See Section DRZ-609.1, Accessory Uses in Residential Districts.
1. 
For the purpose of locating accessory uses in residential districts, they shall be no closer to any street line than the required front setback or the front building line, whichever is greater.
[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]
[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.
[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.
[Ord. No. 2471-16]
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]
The purpose of this section is to create the legal framework for a system of street graphics.
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:
(a) 
If the graphic is enclosed by a box or outline, the total area of the graphic, including the background, is counted as part of the graphic area;
(b) 
If the graphic consists of individual letters, only the area of the letters is counted as part of the signable 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:
(a) 
Billboards; except as a conditional use in the Commercial/Medical Offices District (CMO), subject to the conditions set forth under Section 606.9d.[2]
[Ord. No. 2305-07]
[2]
Editor's Note: Codified per ordinance. Billboard provisions removed by Ord. No. 2326-08.
(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.
3. 
The following operations shall not require a permit:
(a) 
Changing copy on a theater marquee;
(b) 
Renovating an existing graphic where no change in copy is made.
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:
(a) 
Building signage at the exterior facades.
(b) 
Graphics in or attached to windows, doors, facade glass, or storefronts.
(c) 
Awnings with graphics shall be removed along with their frames unless graphics are covered with simple plain canvas whose color shall match the awning.
[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]
[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.
[Ord. No. 2471-16]
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.
[Added 4-4-2023 by Ord. No. 2634-23]
In order to protect the health, safety, welfare and residential character of the Township, the placement of any decks, platforms, terraces or similar features on the roof of a multifamily, mixed-use or non-residential building, for use as an amenity space for building occupants and/or guests, shall be prohibited. For purpose of this section, a roof shall mean the exterior covering of a building that bridges the space between exterior walls. Interior, open-air courtyard areas that are completely screened by exterior building walls shall not be considered roof-top amenity spaces.