[Added 4-5-2022 by Ord. No. 2596-22]
[1]
Editor's Note: Former Section DRZ-501, Ord. No. 2416-13, was deleted by Ord. No. 2471-16.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements for very-low-income housing as established in P.L. 2008, c. 46 (the "Roberts Bill", codified at N.J.S.A. 52:27D-329.1) as reflected in the terms of a Settlement Agreement between the Township and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households.
b.
This section is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability and that very-low-, low- and moderate-income households shall occupy these units. This section shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.
c.
The Millburn Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The plan has also been endorsed by the Mayor and Committee of the Township of Millburn. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element.
d.
This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.
[Added 4-5-2022 by Ord. No. 2596-22]
As used herein, the following terms shall have the following meanings:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable units in accordance with this section, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development of which all or a portion of which consists of restricted units.
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an Affordable Housing Trust Fund.
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. "Alternative living arrangement" includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health-care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an Administrative Agent as a low-income household or moderate-income household.
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.
The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3), and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Township's fair share obligation.
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
A household with a total gross annual household income equal to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income household.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved Regional Income Limits.
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the Court.
Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
A household with a total gross annual household income equal to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income household.
[Added 4-5-2022 by Ord. No. 2596-22]
The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units.
a.
The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
b.
Phasing. Affordable housing developments shall meet the following phasing schedule for low- and moderate-income units, whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25% | 0% |
25% + 1 unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% |
c.
Design. In inclusionary developments, low- and moderate-income units shall be integrated with the market units and shall have access to all of the same common elements and facilities as the market units.
d.
Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
e.
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
1.
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted units shall be very-low-income units (affordable to a household earning 30% or less of the regional median income by household size). The very-low-income units shall be counted as part of the required number of low-income units in the development.
2.
In each affordable housing development, the total number of units within each bedroom distribution shall have at least 50% of the units restricted for low-income households, with at least 13% affordable to very-low-income households.
3.
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
4.
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
f.
Accessibility Requirements:
1.
The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(a)
All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:
(1)
An adaptable toilet and bathing facility on the first floor;
(2)
An adaptable kitchen on the first floor;
(3)
An interior accessible route of travel on the first floor;
(i)
An interior accessible route of travel shall not be required between stories within an individual unit;
(4)
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(5)
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
(i)
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
(ii)
To this end, the builder of restricted units shall deposit funds within the Township of Millburn's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(iii)
The funds deposited under Subsection f1(a)(5)(ii) herein shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(iv)
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Millburn.
(v)
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Millburn's Affordable Housing Trust Fund in care of the Municipal Treasurer, who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
(vi)
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
g.
Maximum Rents and Sales Prices.
1.
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.
2.
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
3.
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.
(a)
At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.
4.
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
5.
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:
(a)
A studio or efficiency unit shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:
7.
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowners' and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
9.
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.
Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the Region 2 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in Region 2. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
(b)
The income limits calculated each year shall be the result of applying the percentages set forth in Subsection g9(a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection g9(a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
10.
The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income-housing tax credit regulations shall be indexed pursuant to the regulations governing low-income-housing tax credits.
11.
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
h.
Condominium and Homeowners' Association Fees.
1.
For any affordable housing unit that is part of a condominium association and/or homeowners' association, the Master Deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.
i.
Affirmative Marketing.
1.
The Township shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
2.
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 2 and covers the period of deed restriction.
3.
The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 2, comprised of Essex, Morris, Union, and Warren Counties.
4.
The development's Administrative Agent shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality.
5.
The Township shall add to the list of community and regional organizations in its Affirmative Marketing Plan, pursuant to N.J.A.C. 5:80-26.15(f)5, Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the Morris County Chapter of the NAACP, Newark NAACP, East Orange NAACP, Housing Partnership for Morris County, Community Access Unlimited, Inc., Northwest New Jersey Community Action Program, Inc. (NORWESCAP), Homeless Solutions of Morristown, the Supportive Housing Association and the New Jersey Housing Resource Center, and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this subsection.
6.
In implementing the Affirmative Marketing Plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
7.
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
8.
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Millburn.
j.
Occupancy Standards.
1.
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
2.
Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.
l.
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
1.
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
2.
Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
3.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
4.
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
5.
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
6.
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
m.
Price Restrictions for Restricted Ownership Units, Homeowners' Association Fees and Resale Prices.
1.
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(a)
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
(b)
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(c)
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
(d)
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
n.
Buyer Income Eligibility.
1.
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income, and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
2.
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees, as applicable) does not exceed 33% of the household's certified monthly income.
3.
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the Township Committee, and subject to the Court's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit.
4.
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
o.
Limitations on indebtedness secured by ownership unit; subordination.
1.
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the Administrative Agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.
2.
With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
p.
Capital Improvements to Ownership Units.
1.
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
2.
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
q.
Control Periods for Restricted Rental Units.
1.
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
(a)
Restricted rental units created as part of developments receiving 9% low-income-housing tax credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period.
2.
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
3.
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the Records Office of the County of Essex. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
4.
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
r.
Price Restrictions for Rental Units; Leases.
1.
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.
2.
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
3.
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
s.
Tenant Income Eligibility.
1.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(b)
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
2.
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living conditions;
(d)
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
3.
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection s2(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting.
t.
Conversions.
1.
Each affordable housing unit created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.
u.
Alternative Living Arrangements.
1.
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
2.
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
3.
The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
The position of Municipal Housing Liaison for the Township of Millburn is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Mayor and Council and be subject to the approval by the Superior Court.
b.
The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Millburn.
c.
The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.
d.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Millburn, including the following responsibilities which may not be contracted out to the Administrative Agent:
1.
Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households;
2.
When applicable, supervising any contracting Administrative Agent;
3.
Monitoring the status of all restricted units in the Township of Millburn's Fair Share Plan;
4.
Compiling, verifying and submitting annual reports as required by the Superior Court;
5.
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and
6.
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
The Township shall designate, by resolution of the Township Mayor and Council, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC.
b.
Developers of affordable housing units shall utilize the Township's appointed Administrative Agent for the administration of affordable units, unless specifically authorized to do otherwise by the Township Mayor and Council or Planning or Zoning Board. All administration costs, including those of the Administrative Agent, shall be paid by the developer.
c.
An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The Operating Manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).
d.
Duties and responsibilities.
1.
The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as are set forth in UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80-26.14, 26.16 and 26.18 thereof, which includes:
(a)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and rerental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.
2.
The Administrative Agent shall, as delegated by the Township Mayor and Committee, have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
[Added 4-5-2022 by Ord. No. 2596-22]
a.
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
(a)
A fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Millburn Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
2.
The municipality may file a court action in the Superior Court seeking a judgment which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
c.
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
d.
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the Court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
e.
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
f.
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
g.
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
h.
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
[Added 4-5-2022 by Ord. No. 2596-22]
Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed in writing with the Township.
[1]
Editor's Note: Former Section DRZ-502 was deleted by Ord. No. 2471-16.
[Added 4-5-2022 by Ord. No. 2597-22]
A mandatory affordable housing set-aside requirement shall apply beginning with the effective date of this section to any multifamily or attached dwelling residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units that becomes permissible through a "(d)1" use variance, a "d(5)" density variance increasing the permissible density at the site, a rezoning permitting multifamily or attached residential housing where not previously permitted, or a new or amended redevelopment plan as set forth below:
a.
The set-aside of affordable units for all developments will be 20%.
b.
This requirement does not apply to any sites or specific zones otherwise identified in the Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
c.
For any such development for which the Township's land use ordinances (e.g., zoning or an adopted redevelopment plan) already permit residential development as of the effective date of this Ordinance No. 2597-22, adopted April 5, 2022, this requirement shall only apply if the Township permits an increase of five or more residential units beyond that which is currently permitted (e.g., zoning or an adopted redevelopment plan).
d.
The affordable units shall comply with the Township's affordable housing regulations in Section DRZ-501. This includes, but is not limited to, affordability controls of not less than 30 years, proper distribution of one-, two-, and three-bedroom affordable units, proper distribution of very-low-, low-, and moderate-income units, and affirmative marketing.
e.
A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.
f.
Nothing in this subsection precludes the Township from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this subsection consistent with N.J.S.A. 52:27D-311h and other applicable law.
g.
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
[Added 11-12-2025 by Ord. No. 2719-25]
a.
Purpose. This section establishes comprehensive site plan design standards to guide development and redevelopment of multifamily, commercial, industrial, mixed-use buildings and other non-residential buildings. The goal is to reinforce pedestrian-scaled, contextually appropriate development, and support high-quality commercial activity.
b.
Site Planning and Circulation Standards.
3.
Vehicular access and parking.
(a)
Curb cuts shall be minimized and located away from intersections.
(b)
Parking shall be located underground, where physically feasible, or to the rear or side of buildings. Parking between the building and street is prohibited.
(c)
Short-term parking near primary entrances and designated pickup/drop-off zones shall be provided where physically feasible.
(d)
All vehicular access driveways and circulation routes shall be designed to accommodate emergency vehicle access, including turning radii and vertical and horizontal clearance, in accordance with standards approved by the Township Fire Official or applicable emergency services authority.
4.
Bicycle Access and Storage.
(a)
All developments shall provide short-term bicycle parking at a minimum rate of one rack space per 7,500 square feet of gross floor area or one rack space per 10 dwelling units, whichever is greater. Bicycle racks shall be located within 40 feet of building entrances, clearly visible, and not obstruct pedestrian circulation.
(b)
Multifamily residential developments shall provide secure, long-term indoor bicycle storage at a minimum of one space per two dwelling units. This may be provided in dedicated bicycle rooms, lockers, or garages accessible to residents.
(c)
In addition to long-term bicycle storage, multifamily buildings shall provide common area storage rooms for oversized personal mobility equipment such as strollers, cargo bikes, walkers, or scooters. The size of such common storage shall be no less than 15 square feet per 10 dwelling units.
(d)
Individual residential units in multifamily developments shall include a dedicated storage space of at least 25 cubic feet per unit, which may be provided as a closet, utility room, or designated off-unit storage area.
c.
Building Design Standards.
1.
Purpose.
(a)
These standards aim to ensure new development supports a pedestrian-oriented, visually cohesive, and context-sensitive environment aligned with the Township's vision and adopted objectives.
(b)
These standards apply to design and form; underlying zoning district regulations regarding height, density, setbacks, and use shall continue to apply separately. Where a building type allowed as a conditional or non-conforming use is proposed outside its typical district, the corresponding design standards shall still apply.
2.
Applicability.
(a)
These standards apply to all new buildings, major additions, and substantial renovations requiring site plan approval. The standards are organized by building type.
3.
General Building Design Standards.
(a)
Parking and Service Visibility.
(1)
Service areas, loading, and trash facilities shall be screened from public view and accessed from secondary frontages. All screening shall be a minimum six feet in height and at least 80% opaque year-round.
(2)
Rooftop mechanicals shall be fully screened using parapets or compatible enclosures.
(b)
Refuse Storage Requirements.
(1)
Refuse and recycling storage areas shall comply with all applicable requirements of Section DRZ-519 (Recycling Area Requirements) for multifamily housing developments, including standards for capacity, location, lighting, environmental protection, signage, and aesthetics.
(2)
Refuse and recycling storage may be located either outdoors or within an enclosed area of the principal building.
(3)
Screening shall consist of a solid masonry or decorative panel enclosure with an opaque gate and shall be at least six feet high.
(4)
All dumpster enclosures shall include a permanent, weatherproof roof or overhead cover to contain litter, prevent wildlife intrusion, and reduce visibility from above.
(5)
Enclosures shall use materials and finishes that match or complement the principal building.
4.
Specific Building Design Standards.
(a)
(b)
Non-Residential, Mixed-Use and Multifamily Buildings.
(3)
Massing and Facade Articulation:
(i)
Buildings shall express a legible base, middle, and top through projections, material changes, or horizontal detailing.
(ii)
Building mass shall be vertically articulated every 20 to 30 feet, with facade breaks of at least six inches in depth, occurring along the full height of the base or entire facade. Facade breaks shall be architectural (e.g., step-backs, material transitions, or facade recesses).
(iii)
The maximum facade wall length without window or articulation shall be 15 feet.
(4)
Windows and Transparency:
(ii)
Windows for residences, lobbies, commercial storefronts and shared common-use rooms on the ground floor should have clear and nonreflective glass.
(iii)
Stained, translucent, or decorative glass may only be used for transom and accent windows.
(iv)
Windows on upper-level floors may be lightly tinted but should not be mirrored.
(v)
Window and door glazing for mechanical and related rooms may be translucent (admitting light but not views) or opaque (such as spandrel glass).
(vi)
Measuring area shall exclude doors but include sidelights and any continuous fixed glazing.
(vii)
Windows on facades adjacent to parks and open space, water features, or significant landscaping, the applicant shall incorporate bird-friendly glazing or treatments to mitigate bird strikes, such as, but not limited to, fritted, patterned, or ultraviolet-reflective glass.
(5)
Entrances and Street Interfaces:
(i)
Primary entrances shall face the street and be clearly visible and accessible from public sidewalks.
(ii)
Ground floors shall be designed for activation with display windows, recessed entries, or outdoor use areas. Blank walls longer than 15 feet on the ground floor are prohibited.
(iii)
Entrances should provide overhead weather protection with canopies or awnings.
(iv)
For buildings over 100 feet long, at least one public-facing pedestrian entrance shall be provided every 50 feet, where feasible.
(6)
Balconies:
(i)
Balconies are permitted for residential units only in mixed-use or multifamily buildings only. Balconies are prohibited for nonresidential use.
(ii)
Balconies shall be located on interior, non-public facing facades. Balconies may be located on public-facing facades only if designed as recessed balconies flush with the main wall plane.
(iii)
Project no more than four feet and comprise no more than 25% of unit width.
(iv)
Balcony railings shall be at least 50% transparent (e.g., picket, cable, or glass) to reduce visual bulk.
(7)
Mechanical Screening:
(i)
Rooftop equipment shall be screened with materials that match the roof or parapet and extend at least two feet above the mechanical unit.
(8)
Material Guidelines:
(i)
The focus shall be on materials that reinforce traditional development patterns and human-scale context.
(ii)
Primary facade materials (>70%) shall include: brick, stone, architectural precast, or fiber cement with traditional exposure.
(iii)
Accents (<30%) may include wood-look composites, architectural metal, or tile. The material area shall be measured across each street-facing elevation, excluding windows and doors.
(iv)
Facade material proportions shall be calculated exclusive of transparent windows and door openings. Proportions shall apply per each elevation.
(v)
Ground-level finishes shall convey permanence and be resistant to wear.
(c)
Commercial, Industrial and Highway Commercial Buildings.
(1)
Applicability. These standards are for commercial and industrial building types in predominantly commercial, wholesale business and/or manufacturing areas. While these areas may currently include auto-oriented characteristics, development and redevelopment are encouraged to transition incrementally toward more walkable, street-oriented design consistent with Township objectives.
(d)
Conditional Uses in Residential Zones:
(1)
Massing and Scale:
(i)
Buildings shall reflect the general scale of nearby single-family homes, using pitched roofs, articulated entries, and windows at pedestrian scale.
(2)
Roof Design:
(i)
Pitched roofs shall have a minimum 8:12 slope, consistent with surrounding homes.
(3)
Materials:
(i)
Use similar materials to neighboring residences, such as clapboard siding, shingles, or brick.
(5)
Landscaping:
(i)
Provide dense evergreen buffering and front yard plantings that reflect residential landscape character.
(6)
Entrances:
(i)
Buildings shall provide an obvious and welcoming entrance facing the primary street.
(7)
Lighting:
(i)
All site lighting shall be at a pedestrian scale to maintain consistency with the residential character.
(e)
Solar Energy Systems.
(1)
Preference for Rooftop Solar:
(i)
Solar photovoltaic (PV) and/or solar thermal systems shall be installed on building rooftops where physically feasible, before consideration of freestanding or canopy-mounted systems.
(ii)
Freestanding solar arrays or solar canopies over parking areas shall only be permitted when the applicant demonstrates that rooftop installation is technically infeasible due to structural limitations, shading, or other documented constraints.
(2)
Permitted Locations:
(i)
Freestanding solar energy systems, including solar canopies over parking areas, shall be permitted only in nonresidential zoning districts.
(ii)
No freestanding solar structures shall be located in any residential zoning district, whether principal or accessory to a residential or conditional use, nor on any lot adjacent to a residential use, defined for purposes of this section as sharing a lot line or located directly across a public right-of-way from such use.
(3)
Design and Aesthetic Standards for Freestanding Solar:
(i)
Freestanding solar energy systems shall be integrated with the overall site design and shall not detract from the architectural character of the principal building.
(ii)
All supporting structures shall be constructed of durable, corrosion-resistant materials, with finishes and colors that complement the principal building and surrounding development.
(iii)
All electrical equipment, conduits, and wiring shall be located underground or fully concealed from public view.
(iv)
Solar canopy supports shall be designed as architecturally finished columns or frames, not bare industrial steel, unless clad or painted to coordinate with the principal building.
(v)
The minimum design life of all freestanding solar structures shall be 20 years, and applicants shall provide manufacturer specifications or equivalent documentation demonstrating the durability of panels and structural components.
(4)
Screening and Placement.
(i)
Where visible from a public street, freestanding solar energy systems shall be screened with fencing, evergreen landscaping, or a combination thereof, to a height sufficient to obscure structural supports and equipment, while maintaining adequate solar exposure.
(ii)
Systems shall not be placed within required front yard setbacks unless designed as an integrated architectural element or canopy over parking.
d.
Public Realm and Streetscape Standards.
1.
Sidewalks:
2.
Landscaping and Shade Trees:
(a)
Large canopy street trees shall be planted at 30 to 40 foot intervals, adjusted based on species, overhead utilities, and spatial constraints, as approved by the Township Engineer or Township Forester.
(b)
Trees shall be planted a minimum of 10 feet from underground utilities, driveways, fire hydrants, and light poles. Where curb strips are less than four feet wide, or where overhead utility wires are present, only small-stature native trees or columnar native cultivars shall be used to ensure no conflicts at maturity. Species selection shall account for mature height and branching structure to avoid conflict with infrastructure. Final tree placement shall be shown on the landscape plan and subject to review by the Township engineer and shade tree official, where applicable.
(c)
Landscaping shall include a combination of deciduous and evergreen plantings to ensure seasonal interest and year-round screening.
(d)
At least 70% of all new proposed trees, shrubs, and groundcovers shall be native. The use of deer-resistant native species is preferred. The use of invasive species, including those listed on the New Jersey Invasive Species Strike Team Do Not Plant List, is prohibited.
(e)
All species shall also be salt-tolerant.
(f)
All landscaping and shade trees shall also comply with all requirements of Section DRZ-516.8.
3.
Street Furniture:
(a)
Street furniture such as benches, waste receptacles, and bike racks shall be provided every 75 feet of building frontage, and within 20 feet of each primary building entrance, subject to circulation and ADA requirements.
(b)
Design of furniture shall be consistent with existing where such style has been established and not obstruct pedestrian flow and shall coordinate with lighting and landscaping for visual cohesion.
(c)
Street furniture shall be maintained by the property owner or business and remain in good working condition at all times.
[1]
Editor's Note: Former § DRZ-503 was deleted by Ord. No. 2471-16.
[Deleted by Ord. No. 2471-16]
[Deleted by Ord. No. 2471-16]
Granite block or other approved curb shall be installed along every street within any development and at intersections with Township and County streets and State highways. The specifications and standards set forth in "The Township of Millburn in the County of Essex, Standard Specifications," shall be met in the construction of curbs.
[Ord. No. 9-87; deleted by Ord. No. 2471-16; reinstated and restored by Ord. No. 2480-17]
All streets shall be designed to accommodate storm drainage along streets, including the installation of catch basins and pipes where they may be necessary for proper surface drainage. The requirements of this section shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the storm water and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential developed as permitted under this ordinance. No storm water run-off or natural drainage water shall be so diverted as to change the drainage characteristics of abutting property, overload existing drainage systems, or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. Drainage systems shall be designed and constructed to meet the criteria set forth in Section 525, Stormwater Runoff of this ordinance.
507.1.
A 100-year storm curve shall be used in computing storm water runoff from the drainage basin to determine the impact on the drainage system under consideration based on the duration time(s) which will give the maximum instantaneous discharges in each reach of the proposed system.
[Ord. No. 9-87; Ord. No. 2480-17]
507.2.
The pipe size determined to be adequate for the runoff computed shall be increased by at least one standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system. In no case shall the pipe size in a surface water drainage system be less than 15 inches in diameter.
[Ord. No. 2480-17]
507.3.
Catch basins shall be located at all intersections with inlets on both sides of the street at intervals of not more than 250 feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the catch basin inlet. Access manholes shall be placed at maximum 250-foot intervals throughout the system and at pipe junctions where there are no catch basins.
[Ord. No. 2480-17]
507.4.
Storm drain pipes running longitudinally along streets shall not be located under curbing.
[Ord. No. 2480-17]
507.5.
Specifications for manholes, inlets and storm drains shall follow the 1961 New Jersey State Highway specifications, as amended.
[Ord. No. 2480-17]
507.6.
For both major and minor developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid the concentration of stormwater from any lot to adjacent lots.
[Ord. No. 2480-17]
507.7.
Where a development is traversed by a watercourse, surface or underground drainage way, drainage system, channel, or stream, a drainage right-of-way easement shall be provided and dedicated to the Township conforming substantially with lines of such watercourse with such further width sufficient to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Township. A minimum of 15 feet beyond the bank top on at least one side shall be provided for access to the drainage right-of-way. The easement shall meet the minimum widths and locations shown on any adopted official map or Master Plan or as required under Section 508, Easements.
[Ord. No. 2480-17]
507.8.
When the drainage system includes underdrain and/or stone pockets, the course aggregate shall be separated from the surrounding soil by geotextile fabrics to be approved by the Engineer.
[Ord. No. 9-87; Ord. No. 2480-17]
The purpose of the EIS is to compile information that will enable the developer to minimize adverse effects on the environment. A statement shall be required for all major subdivisions and major site plans, shall provide the information needed to evaluate the effects of a proposed development upon the environment, and shall include data, be distributed, reviewed and passed in accordance with the Design and Performance Standards of this ordinance. The applicant may request a preliminary determination from the approving authority on the environmental concerns to be addressed in the EIS, including items which may be omitted or waived as permitted in Section 509.7 of this section. The EIS shall include:
509.1.
A description of the development specifying what is to be done during construction and operation, as well as how it is to be done and alternate plans to achieve the objective(s);
509.2.
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; hydrology; geology; soils and their properties, including capabilities and limitations; sewerage; aquifers; storm water runoff; flooding; topography; slope; vegetation; wildlife habitat; aquatic organisms; noise characteristics and levels; land use; vehicular and pedestrian traffic; aesthetics, including the visual relationship to existing adjoining buildings; history and archaeology. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to Soil Conservation Service categories and characteristics. Special attention shall be paid to critical environmental areas, including but not limited to: waterways and flood plains; aquifer recharge areas; high-water table; steep slopes; highly erodible soil; mature stands of native vegetation; and extraordinary wildlife nesting, feeding, or breeding grounds;
509.3.
A listing of the licenses, permits, and approvals needed to be furnished by Federal, State, or County law, the status of these permits and approvals, and the conclusions and comments of the governmental agencies;
509.4.
An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed on air or water pollution; increase in noise, storm drainage, sedimentation, and siltation; effect upon vehicular and pedestrian traffic; increase in Township services, and consequences to the Township tax structure; and damage to flora and fauna;
509.5.
A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including maps, schedules, and other explanatory data which clarify and explain these steps;
509.6.
The background and qualifications of those involved in its preparation;
509.7.
Notwithstanding the foregoing, the approving authority may waive the requirement for all or part of an EIS if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible environmental impact, or upon finding that the complete statement need not be prepared in order to evaluate the environmental impact of the development.
If the Planning Board finds that on the basis of the Natural Resources Inventory, an Environmental Impact Statement, or other evidence, the proposed development may cause an adverse environmental impact, the Planning Board may require the developer to pay, in addition to regular fees, additional amounts to cover the reasonable costs of reports by experts selected by the Planning Board regarding the environmental impact of the proposed development.
[Ord. No. 2151A-99; Ord. No. 2155-99; Ord. No. 2241-04; deleted by Ord. No. 2471-16]
Wherever a central water supply system exists, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Township Fire Department and in accordance with fire insurance rating organization standards.
[Ord. No. 9-87; Ord. No. 15-95; amended 8-13-2019 by Ord. No. 2539-19; 10-7-2025 by Ord. No. 2716-25]
a.
Purpose.
1.
The purpose of this section is to ensure that exterior lighting associated with development protects public safety, enhances visibility for pedestrians and vehicles, and preserves the character of surrounding neighborhoods. These regulations are intended to minimize light pollution, glare, and light trespass onto adjacent residential properties; to conserve energy; and to promote a dark sky environment consistent with ecological and community goals. All lighting shall be designed to complement the established visual and architectural character of the surrounding area, including adjacent residential neighborhoods, civic spaces, and traditional streetscapes, while providing adequate illumination for safety and functionality.
b.
Lighting Plan.
1.
A lighting plan prepared by a professional holding the Lighting Certified (LC) credential issued by the National Council on Qualifications for the Lighting Professions (NCQLP) shall be provided with all major subdivision applications and all site plan applications. A minor site plan may submit a lighting plan prepared by a Lighting Certified Professional or other qualified professional.
2.
The lighting plan must include a scalable drawing of the site with all existing and proposed outdoor light fixtures clearly depicted and accurately located.
3.
All outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan, in sufficient detail to allow a determination of effects upon adjacent properties, traffic safety and overhead sky glow.
4.
The plan shall include manufacturer specification sheets (also known as "cut sheets") for all proposed lighting fixtures, showing fixture design, shielding, total light output in lumens, correlated color temperature (CCT), color rendering index (CRI), and any relevant lighting certifications. As-built verification of installed fixture types, shielding orientation, and mounting heights may be required prior to the issuance of a final certificate of occupancy.
5.
Mounting pole shape, material, color, and foundation details.
6.
Mounting heights, details, shielding, tilt angles, and orientations.
7.
A photometric plan, including all existing and proposed fixtures, providing illumination levels in 0.5 footcandle increments, upon the points of a 10-foot by 10-foot calculation grid, superimposed upon pavement areas and pedestrian walkways, as well as site boundaries. Photometric plans shall use 0.5 footcandle increment contouring across the site generally but shall include point-by-point calculations with a resolution of 0.01 footcandles along all shared property lines with residential zones or uses. Photometric calculations shall be conducted using IES-approved or equivalent photometric software calibrated and verified for accuracy. All readings shall be taken at a height of 30 inches above grade (consistent with industry standard pedestrian-level assessment) unless otherwise noted. The point-by-point analysis at residential property lines shall include a grid no larger than one-foot spacing to ensure accuracy of 0.01 fc resolution.
8.
Tabulations that demonstrate compliance with required uniformity ratios. Site plans with physically disjointed areas shall require separate tabulations for each area. Uniformity Ratio is defined as the ratio of the average illuminance to the minimum illuminance in a given area (Avg:Min), calculated for lit areas only, excluding dark zones and areas not intended to be illuminated.
9.
The lighting plan shall include details of automatic dimming or shutdown systems to ensure compliance with security lighting requirements during non-operating hours.
10.
The approving authority shall make exception, where required, to permit increased average light intensity at ATM locations, as per N.J.S.A. 17:16K-10.
c.
Street Lighting.
1.
Street lighting of a type supplied by or approved by the utility and of a type and number approved by the Board shall be provided for all street intersections and along all arterial, collector and local streets as deemed necessary for safety reasons.
2.
Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for street lighting.
d.
Parking Areas.
1.
All parking areas and walkways thereto and appurtenant passageways, building entrances, loading areas and driveways required for nonresidential or multifamily uses shall be adequately illuminated during the hours of operation which occur after sunset.
2.
For sites adjoining a residential zone or use, all parking area lighting shall be shielded from the glare of illumination from site lighting and automobile headlights.
3.
Freestanding lights within parking lots shall be protected to avoid being damaged by vehicles. Freestanding lights at the perimeter of parking lots shall be aligned with the parking stall striping and located a minimum of 2 1/2 feet to the edge of curb. The exposed concrete light foundation shall not exceed two inches above grade or six inches above grade if located within a lawn area.
e.
Security Lighting.
1.
With the exception of light sources for 24-hour businesses, all site lighting for non-residential uses shall be reduced in intensity to the minimum necessary for security purposes when a facility is not in operation. This shall also apply to any lighting associated with signage.
2.
Multifamily and mixed residential/non-residential sites shall maintain minimum safety lighting levels for the safety of residents after sunset.
3.
When lighting is reduced for security purposes during non-operating hours, illumination shall be limited to the minimum levels necessary for safety and site surveillance. The average horizontal illuminance shall not exceed 0.2 footcandles, with a minimum of 0.05 footcandles and a maximum uniformity ratio of lit areas (excluding dark zones) of 10:1, except where otherwise limited in Section 512f7 for residential adjacency. Security lighting shall be designed and located to comply with all applicable maximum illuminance levels, including the 0.01 footcandle maximum at shared residential property lines (Sections 512f5, 512f7(c)). Where overlapping requirements exist, the most restrictive shall apply.
4.
Lighting used for security purposes shall be fully shielded and positioned to avoid light spillover beyond the property line. Where a site abuts a residential zone or use, all non-essential lighting shall be automatically shut off or dimmed in compliance with Section 512f7(b). Security lighting that remains in operation shall comply with the light trespass limits and uniformity standards in this section.
f.
Lighting Color and Intensity.
1.
All proposed fixtures shall have a correlated color temperature of between 2700K and 3000K.
2.
All light sources shall have a Color Rendering Index (CRI) of at least 70 to ensure adequate visibility and safety in general outdoor areas such as parking lots, driveways, and site lighting. A minimum CRI of 80 shall be required for building entrances, pedestrian walkways, plazas, or other areas requiring high visual acuity or color differentiation.
3.
All lights shall be full cutoff fixtures as defined by the Illuminating Engineering Society (IES), providing concealed source, nonglare lighting directed downward. Full cutoff fixtures shall be fully shielded to prevent upward or horizontal light distribution and shall emit no light above 90 degrees from nadir, as defined by the IES. The direct light source shall not be visible from adjacent streets or properties.
4.
The lens of the light shall be flush with the fixture housing and shall be parallel to the ground. Movable fixture housing is prohibited.
5.
Required Illuminance Levels (footcandle).
Use Area or Location | Minimum | Average | Maximum |
|---|---|---|---|
Parking Lots and Driveways | 0.25 | 1.0 | 5.0 |
Pedestrian Walkways and Sidewalks | 0.5 | 1.0 | 3.0 |
Building Entrances | 1.0 | 2.0 | 10.0 |
At shared property line with mixed- or non-residential use, or public street | — | — | 0.5 |
At shared property line of residential zone or use* | — | — | 0.01 |
Notes: | |
|---|---|
* | Verification of 0.01 fc maximum must be confirmed through point-by-point photometric analysis using a resolution of at least 0.01 footcandles |
NOTE: Where pedestrian safety concerns warrant - such as mid-block crossings or public transit stops - higher minimum illuminance may be required subject to review by the Board, provided light trespass standards are still met. Higher minimum illuminance levels for pedestrian safety features shall be justified by documented need (e.g., crime statistics, accident history, or transit stop design standards) and shall continue to comply with maximum light trespass limits set forth herein. | |
7.
Where a non-residential or multifamily development abuts a residential zone or use:
(a)
The average horizontal illuminance at ground level within 30 feet of the shared lot line shall not exceed 0.5 footcandles. The maximum single point value shall not exceed 1.0 footcandle, and the uniformity ratio shall not exceed 4:1.
(b)
The maximum illuminance level for light trespass on to residential properties shall be no more than 0.01 footcandles at or beyond the property line. Light trespass measurements shall be taken at a height of five feet above grade (to simulate average eye level for residential light trespass assessment) at the property line during nighttime operating hours.
(c)
NOTE: The above standards apply in addition to Section 512e, which governs security lighting. In all cases, the most restrictive standard shall apply.
g.
Height of Fixture.
1.
For parking areas and driveways, lighting shall be provided by fixtures with a mounting height not more than 15 feet, measured from the finished grade ground level to the centerline of the light source.
2.
For pedestrian walkways, sidewalks and building entrances, lighting shall be provided by fixtures with a mounting height not more than 12 feet, measured from the finished grade ground level to the centerline of the light source.
3.
Where a non-residential or multifamily development abuts a residential zone or use, lighting for parking areas and driveways shall be provided by fixtures with a mounting height not more than 12 feet, measured from the finished grade ground level to the centerline of the light source.
4.
Where a non-residential or multifamily development abuts a residential zone or use, lighting for pedestrian walkways, sidewalks and building entrances shall be provided by fixtures with a mounting height not more than 10 feet, measured from the finished grade ground level to the centerline of the light source.
5.
Fixture size and pole diameter shall be proportionate to mounting height and consistent with the scale of adjacent buildings and streetscape, to minimize visual bulk and glare. Maximum pole diameter shall not exceed eight inches. The fixture dimensions shall be proportional to the pole height.
h.
Style.
1.
The style of any light fixture or light standard shall be consistent with the architectural style, materials, and historic context of the principal building. Additionally, where applicable, lighting design shall respect and reinforce the established architectural and streetscape patterns of adjacent properties and the broader neighborhood, including scale, color, and detailing.
2.
In non-historic areas, lighting style shall be compatible with the prevailing architectural vocabulary, materials, and scale within the immediate vicinity as determined by the approving authority.
i.
Other Requirements.
1.
All site lighting shall be maintained and periodically tested to ensure continued compliance with all requirements. Maintenance inspections and photometric testing shall be conducted following IES standards or equivalent, and documented results shall be submitted to the Planning or Zoning Board annually or upon request.
2.
Freestanding lights or light fixtures attached to utility poles are prohibited within the road right-of-way with the exception of streetlights.
3.
To achieve the above requirements, the intensity of light sources, light shielding, and similar characteristics shall be subject to site plan approval.
4.
Shade trees shall be planted a minimum of 10 feet from any freestanding lighting fixture, provided this distance may be increased as necessary to accommodate root growth or full canopy spread at maturity.
a.
All area lighting for parking lots and security shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average between 0.5 and 1.0 footcandle over the entire area, with a maximum of 10 footcandles at any point. The uniformity ratios shall be as follows: average-to-minimum uniformity ratio < 4; maximum-to-minimum uniformity ratio < 10. Outdoor lighting for all purposes, except the lighting of one- and two-family dwellings, shall be shown on the site plan and shall be subject to site plan approval by the approving authority. A site lighting and illumination plan shall be submitted in sufficient detail to evaluate its conformance with the requirements of this section and shall include the following:
1.
A scalable drawing of the site with all outdoor light fixtures clearly depicted and accurately located.
2.
Specifications for all light fixtures for each fixture type, including manufacturer, model, shape, dimensions, color, lamp type, wattage, rated initial light output in lumens, reflector and lens type, shielding, etc.
3.
Mounting pole shape, material, color, and foundation details.
4.
Mounting heights, details, shielding, tilt angles, and orientations.
5.
A photometric plan providing illumination levels in footcandles, upon the points of a 10 foot by 10 foot calculation grid, superimposed upon pavement areas and pedestrian walkways, as well as site boundaries.
6.
Tabulations demonstrating compliance with required uniformity ratios. Site plans with physically disjointed areas shall require a separate tabulation for each area.
7.
The approving authority shall make exception, where required, to permit increased average light intensity at ATM locations, as per N.J.S.A. 17:16K-10.
b.
No lighting source shall shine directly into or reflect onto windows of nearby residential properties. No lighting source shall shine directly or reflect onto streets and driveways in a manner which will induce glare or interfere with driver vision. All lighting shall be a warm or neutral white in color and shall be incandescent, light-emitting diode (LED), or high-intensity discharge (HID) lighting such as metal halide, high-pressure sodium, and mercury vapor. No lighting shall be of a rotating, pulsating, flashing, or other intermittent frequency. Signs constructed in accordance with the standards set forth in Section 609.10, Street Graphics, shall not be illuminated.
Lighting on one- and two-family residential properties, including accessory buildings or structures, shall be warm or neutral white in color and, further, shall be limited to incandescent or LED lighting, which is shielded to prevent glare onto streets and nearby properties and to prevent light trespass across property boundaries. No aboveground lighting of recreational facilities on one- and two-family residential properties shall be permitted, except as provided in Section 609.11 regarding swimming pools.
[Added 10-7-2025 by Ord. No. 2716-25]
a.
Purpose.
1.
The purpose of this section is to ensure that site development enhances the visual character of the Township, provides screening and buffering of incompatible uses, reduces heat islands, preserves the natural environment, and supports ecological health through the use of native plantings.
b.
General Requirements.
1.
Landscaping Plan.
(a)
All major site plans and major subdivisions shall submit a landscape plan prepared by a licensed landscape architect. A minor site plan may submit a landscape plan prepared by a licensed landscape architect or other qualified design professional.
(b)
Existing Conditions Inventory: All landscape plans shall include a complete inventory of existing landscape features, including all trees, shrubs, and groundcovers. At a minimum, the plan shall include:
(c)
Proposed Landscaping Plan. All landscape plans shall clearly depict and label all proposed plantings. At a minimum, the plan shall include:
(1)
Plant Schedule.
(i)
A tabular schedule listing each proposed species (botanical and common name), size at planting (caliper or container size/height), spacing, and quantity.
(3)
Location and Spacing.
(i)
Accurate placement of proposed plantings at their intended locations, drawn to scale, including required spacing between plantings, setbacks from buildings, utilities, and paved surfaces.
(4)
Layering and Grouping.
(i)
Plans shall indicate areas of clustered planting, foundation planting, buffers, screening areas, and street tree alignments. Distinctions between canopy trees, understory trees, shrubs, and groundcover must be clear.
(d)
Canopy Coverage Plan for Paved Areas and Parking Areas. All landscape plans shall include a canopy coverage plan depicting anticipated shade tree canopy coverage 20 years following initial planting. The canopy coverage plan shall:
(1)
Projection Method. Be based on the projected mature canopy spread of each tree species as published by the U.S. Department of Agriculture (USDA) Plants Database, New Jersey Department of Environmental Protection (NJDEP), or other authoritative horticultural sources.
(2)
Calculation Basis. Depict the projected canopy area of each tree as a circle (or species-specific canopy shape) drawn to scale on the plan, centered on the tree's planting location.
(3)
Overlap Treatment. Where projected canopies overlap, the overlapping area shall be counted only once toward total site canopy coverage.
(4)
Measurement Area. Canopy coverage shall be expressed as a percentage of the total paved area of the site (including parking lots, drive aisles, and paved yards) and shall also include canopy extending over sidewalks and pedestrian circulation areas. Canopy extending beyond the property line shall not be counted toward coverage.
(5)
Time Horizon. Coverage calculations shall assume a 20-year growth period from the date of planting, unless existing mature trees are being preserved, in which case current canopy spread may be credited immediately.
(6)
Tabulation. A table shall be provided on the plan showing, for each species:
2.
Native Plants.
(a)
At least 70% of all new proposed trees, shrubs, and groundcovers shall be native. The use of deer-resistant native species is preferred. The use of invasive species, including those listed on the New Jersey Invasive Species Strike Team Do Not Plant List, is prohibited. Native plants or trees shall be consistent with the definition provided in Millburn Code subsection 18-3.1.
(b)
The Township Environmental Commission shall be responsible for maintaining a current reference list of recommended native species and native substitutes for commonly planted invasive species. This list may be compiled from sources such as the USDA Plants Database, the New Jersey Invasive Species Strike Team Do Not Plant List, the Native Plant Society of New Jersey, or other reputable sources as determined appropriate. This list shall be made publicly available through the Township website or other Township-recognized platforms.
c.
Street Tree Requirements.
1.
Location and Spacing:
(a)
Large canopy street trees shall be planted at 30 to 40-foot intervals, adjusted at the Township Forester's discretion based on species and site conditions.
(b)
Where curb strips are less than four feet wide, or where overhead utility wires are present, only small-stature native trees or columnar native cultivars shall be used. Species selection must account for mature height and branching structure to avoid conflict with infrastructure.
(c)
Shade trees should be located, where feasible, to the south and west of buildings to maximize summer shading and reduce cooling loads.
2.
Setbacks:
(a)
Trees shall be planted a minimum of 10 feet from underground utilities, driveways, fire hydrants, and light poles.
(b)
Where overhead utility lines are present, tree selection and placement must ensure clearance at maturity. Final approval shall be subject to utility company and Township Forester, Board or Municipal Engineer, Superintendent of Public Works, or other designated official, review.
e.
Paved Area and Parking Area Landscaping.
2.
Islands:
(a)
Landscaped islands shall be a minimum of eight feet in width and 18 feet in length (or the full length of an adjacent parking stall).
(b)
Each island intended for tree planting shall provide at least 150 square feet of uncompacted soil surface area per tree.
(c)
Each parking row must terminate in a landscaped island (end island) containing at least one tree.
(d)
Landscape islands shall have a minimum soil depth of 36 inches.
(e)
Landscape islands shall be designed to incorporate stormwater BMPs consistent with NJDEP guidelines unless physical site constraints are demonstrated in writing to preclude such design.
3.
Perimeter Screening:
(a)
Parking areas adjacent to public streets or residential zones or uses must be screened by a minimum three-foot-high planting of shrubs, ornamental grasses, or low berms of the same height.
4.
Canopy Coverage:
(a)
All paved areas (including parking lots, drive aisles, and paved yards) shall achieve a minimum of 30% shade coverage by tree canopy at maturity, as demonstrated in the canopy coverage plan required under Section DRZ 513b1(d).
(b)
For educational and religious uses located within residential zoning districts, the minimum coverage shall be 40%.
(c)
Outdoor play areas and assembly spaces shall include additional tree plantings sufficient to maximize shade and reduce heat exposure.
f.
Maintenance and Replacement.
1.
All landscaping shall be maintained in a healthy, orderly, and attractive condition. Dead or dying plant materials must be replaced within the next growing season, between mid-April and the end of October.
2.
All landscape installations shall be guaranteed for a minimum of two years from the date of the issuance of a certificate of occupancy.
3.
Landscape beds and tree pits shall be mulched with organic mulch to a depth of no more than two inches. Where necessary, irrigation or slow-release watering systems (e.g., drip irrigation systems or watering bags) may be required to ensure establishment.
4.
A post-installation inspection by the Township Forester, Board or Municipal Engineer, Superintendent of Public Works or other designated official, shall be required prior to the issuance of a certificate of occupancy.
5.
All newly installed deciduous trees shall have deer protection installed with adequate clearance to allow for growth and constructed to remain in place around the trunk for a minimum of two years.
[1]
Editor's Note: Former § DRZ-513 was deleted by Ord. No. 2471-16.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat.
[Deleted by Ord. No. 2471-16]
[Ord. No. 9-87]
The standards set forth in this section apply only to uses requiring site plan approval, unless otherwise stated.
There shall be a maximum of two access drives to any street with their center lines spaced at least 56 feet apart, with no more than two lanes of traffic each, and with their center lines at least 30 feet from any property line. When the property along a street exceeds 500 feet in length, one access drive may be permitted for every 250 feet of frontage. Driveways with widths exceeding 24 feet shall be reviewed by the Planning Board with consideration to the width, curbing, traffic flow, radii of curves, and traffic lane divider.
Individual spaces shall be served by interior driveways designed for vehicle access without the need for moving any other vehicle. Spaces shall not have direct access from public streets, major interior drives, or private roads. Dead-end aisles shall be avoided wherever possible.
All loading areas and parking lots shall be buffered from adjoining streets, existing residential use, and residential zoning districts in accordance with Section 609.3, Buffers.
All parking lots and loading areas shall have granite-block curbing around the perimeter of the parking and loading areas if needed in conjunction with an overall drainage plan. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as a street. Curbing between vehicular and pedestrian ways shall be designed with ramps from the street or parking grade to the sidewalk which shall be no less frequent than one every 65 feet and located in accordance with a pedestrian circulation plan.
[Ord. No. 9-87]
a.
Off-street parking spaces shall be nine feet by 19 feet in accordance with the following schedule except that handicapped accessible parking spaces shall be in accordance with Section 516.5c.
Angle of Parking Space | One-Way Aisle | Two-Way Aisle | |
|---|---|---|---|
1. | 90° | 23 feet | 23 feet |
2. | 60° | 20 feet | 22 feet |
3. | 45° | 18 feet | 20 feet |
4. | 30° | 15 feet | 18 feet |
5. | Parallel | 12 feet | 18 feet |
b.
Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:
Loading Space | Apron 90° | 60° | ||
|---|---|---|---|---|
Length | Width | |||
1. | 60 feet | 10 feet | 72 feet | 66 feet |
2. | 60 feet | 12 feet | 63 feet | 57 feet |
3. | 60 feet | 14 feet | 60 feet | 54 feet |
c.
In all instances where parking lots are provided for buildings, 12 feet by 20 feet handicapped accessible parking spaces shall be located in one area, designated as parking for the handicapped and located so that access does not require passing behind parked cars. Handicapped parking requirements are contained in the following table:
Total Parking in Lot | Required # of Accessible Spaces |
|---|---|
1 to 50 | 1 |
51 to 200 | 2 |
Over 200 | 1% of total spaces in lot rounded up to the nearest whole number. |
All parking and loading areas shall provide storm drainage in accordance with Section 507, Drainage.
Surfacing shall meet the specifications and standards set forth in "The Township of Millburn in the County of Essex, Standard Specifications."
[Former § DRZ-516.8, Landscaping, was repealed 10-7-2025 by Ord. No. 2716-25. See now § DRZ-513.]
[Deleted by Ord. No. 2307-07]
See Section 607.1 for Minimum Loading Requirements.
[Deleted by Ord. No. 2302-07]
See Section 607.2 for Minimum Parking Requirements.
[Deleted by Ord. No. 2302-07]
See Section 607.3 for Location of Parking and Loading Areas.
[Repealed by Ord. No. 9-87]
[Deleted by Ord. No. 2480-17]
All public services shall be connected to approved public utilities systems where they exist.
518.1.
The developer shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections.
518.2.
Lots which abut existing streets where overhead utility lines and service connections have heretofore been installed may be supplied with service from those overhead lines, but the service connections from the overhead lines shall be installed underground. In the case of existing overhead utilities, should a roadway widening, or an extension of service, or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation, or extension shall be underground.
518.3.
The approving authority shall consider the appearance of any utility apparatus and determine whether screening is desirable or practical, and may impose such screening requirements on the developer.
518.4.
If the developer of a lot considers it a hardship to comply with the provisions of this Section because of soil conditions, rock formations, wooded areas, or other special conditions of the land, the developer may apply to the approving authority for an exception from the terms of this Section in accordance with the provisions of N.J.S.A. 40:55D-51. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.
518.5.
Any installation under this Section to be performed by a servicing utility shall be exempt from performance guarantees, but shall be subject to inspection by the Municipal Engineer if installed in a street right-of-way.
[Ord. No. 9-87]
519.1.
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for collection and storage of residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Township Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Township Master Plan adopted pursuant to N.J.S.A. 40:55D-28.
519.2.
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
519.3.
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
519.4.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
519.5.
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
519.6.
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
[Ord. No. 19-94]
520.1.
The developer shall construct sewerage facilities to transport all sewage to a central sanitary sewage treatment and collection system. Individual or private septic systems are not permitted.
520.2.
Any sanitary sewage collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with Section 508, Easements.
[Former § DRZ-521, Shade trees, was repealed 10-7-2025 by Ord. No. 2716-25. See now § DRZ-513.]
Sidewalks shall be required at the approving authority's discretion depending on the probable volume of pedestrian traffic, the street classification, school bus stops, the development's location in relation to other populated areas, and the general type of improvement intended. Where required, sidewalks shall conform to the specifications and standards set forth in "The Township of Millburn in the County of Essex, Standard Specifications."
523.1.
Sight triangles shall be provided at street intersections. The area within sight triangles shall be either dedicated as part of the street right-of-way or set aside on a subdivision or site plan as a sight triangle easement. Within a sight triangle and its extension into the street right-of-way, no obstruction to vision shall be permitted between 2.5 feet and eight feet above the center line elevation of either intersecting street.
523.2.
The sight triangle is that area bounded by the intersecting street pavement edge lines and a straight line which connects "sight points" located on each of the two intersecting street pavement edge lines 50 feet from the intersection. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway. A sight triangle easement dedication shall be shown on the plan as follows: "Sight triangle easement subject to grading, planting, and construction restrictions as specified in the Millburn Township Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.
[Ord. No. 9-87]
523.3.
In areas not controlled by sight triangle easements, no obstruction to vision shall be permitted between 2.5 feet and eight feet above the center line elevation of either intersecting street within the area described in Section 523.2 above for sight triangle easements.
All site plans and major subdivisions shall incorporate soil erosion and sediment control plans developed in accordance with the requirements of the Soil Erosion and Sediment Control Act (C. 251, P.L. 1975).
The provisions of this section apply to all major subdivisions and site plans.
525.1.
No land area shall be developed by any person such that:
a.
The rate of stormwater runoff occurring at the area is increased over what occurs under existing conditions;
b.
The drainage of adjacent areas is adversely affected;
c.
Soil erosion during and after development is increased over what naturally occurs;
d.
Soil absorption and ground water recharge capacity is adversely affected by the proposed development;
e.
The natural drainage pattern is significantly altered.
[Added by Ord. No. 2394-2012]
a.
Purpose. An ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibiting the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Millburn and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERSON STORMWATER WATERS OF THE STATE
Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Millburn or other public body and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
c.
Prohibited Conduct. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster, must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Millburn.
d.
Exceptions to Prohibition.
1.
Permitted temporary demolition containers.
2.
Litter receptacles (other than dumpsters or other bulk containers)
3.
Individual homeowner trash and recycling containers.
4.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
5.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
e.
Enforcement. This ordinance shall be enforced by the Engineer of the Township of Millburn.
f.
Penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the penalties stated in Section 419, Violations and Penalties.
[Added by Ord. No. 2395-12]
a.
Purpose. An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Millburn so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERSON STORM DRAIN INLET WATERS OF THE STATE
Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Millburn or other public body and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
c.
Prohibited Conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
d.
Design Standard. Storm drain inlets identified in paragraph c above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph d3 below.
1.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(b)
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
2.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
3.
This standard does not apply:
(a)
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(b)
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(c)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
e.
Enforcement. This ordinance shall be enforced by the Engineer of the Township of Millburn.
f.
Penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the penalties stated in Section 419, Violations and Penalties, for each storm drain inlet that is not retrofitted to meet the design standard.
In order to duplicate as nearly as possible natural drainage conditions, regulation and control of stormwater runoff and erosion for any land area to be developed shall be through on-site stormwater detention and/or ground absorption systems which include, but are not limited to, the following:
a.
Detention areas, which may be excavated basins, basins created through use of curbs, stabilized earthen berms or dikes, or any other form of grading which serves to temporarily impound and store water;
b.
Rooftop storage through temporary impoundment and storage of stormwater on flat or slightly pitched building rooftops by use of drain outlets which restrict the stormwater runoff from the roof surface;
c.
Drywells or leeching basins which control stormwater runoff through ground absorption and temporary storage;
d.
(Reserved)
[Ord. No. 9-87]
e.
Any system of porous media, such as gravel trenches drained by porous wall or perforated pipe, which temporarily stores and dissipates stormwater through ground absorption;
f.
Any combination of the above-mentioned techniques which limits stormwater runoff from a given site to what presently occurs there.
[Established by Ord. No. 2274-06; amended 3-9-2021 by Ord. No. 2569-21; 12-16-2025 by Ord. No. 2725-25]
a.
Scope and Purpose:
1.
Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
2.
Purpose. The purpose of this subsection is to establish minimum stormwater management requirements and controls for "major development," as defined below in paragraph b.
3.
Applicability.
(a)
This subsection shall be applicable to the following major developments:
(b)
This subsection shall also be applicable to all major developments undertaken by Millburn Township.
(c)
Applicability of this subsection to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
4.
Compatibility with Other Permit and Ordinance Requirements.
Development approvals issued pursuant to this subsection are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this subsection shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This subsection is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this subsection imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
b.
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this subsection shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
c.
Design and Performance Standards for Stormwater Management Measures.
This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
Design and performance standards for stormwater management measures shall also comply with Township of Millburn enhanced standards as follows:
1.
Enhanced Stormwater Runoff Quantity and Recharge Standards.
(a)
Following completion of the sizing calculations for stormwater quantity and groundwater recharge facilities, a factor of safety of two must be applied to the calculated storage volume, required to meet the stormwater quantity and groundwater recharge requirements with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
d.
Solids and Floatable Materials Control Standards:
1.
Site design features identified under paragraph c above, or alternative designs in accordance with paragraph c above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph d1(b) below.
(a)
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(2)
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(3)
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(b)
The standard in paragraph d1(a) above does not apply:
(1)
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(2)
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(3)
Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(1)
A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5) inches wide (this option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
(4)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(5)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
e.
Safety Standards for Stormwater Management Basins:
1.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
2.
Safety Ledge Illustration.
 |
f.
Requirements for a Site Development Stormwater Plan:
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this subsection, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at paragraph f1(c) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards set forth in this subsection.
(c)
The applicant shall submit six copies of the materials listed in the checklist for site development stormwater plans in accordance with paragraph f3 of this subsection.
2.
Site Development Stormwater Plan Approval.
The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this subsection.
3.
Submission of Site Development Stormwater Plan.
The following information shall be required:
(a)
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(b)
Environmental Site Analysis.
A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(c)
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(d)
Land Use Planning and Source Control Plan.
This plan shall provide a demonstration of how the goals and standards of paragraph c is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(1)
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(2)
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
(1)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in paragraph c of this subsection.
(2)
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(g)
Maintenance and Repair Plan.
The design and planning of the stormwater management facility shall meet the maintenance requirements of paragraph g.
(h)
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this subsection may, in consultation with the municipality's review engineer, waive submission of any of the requirements in paragraphs i3(a) through (f) of this subsection when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
g.
Maintenance and Repair:
1.
Applicability. Projects subject to review as in paragraph a3 of this subsection shall comply with the requirements of paragraphs g2 and g3.
2.
General Maintenance.
(a)
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(b)
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(1)
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
(2)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(c)
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
3.
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Ord. No. 9-87]
Underground storage facilities which are designed to percolate water into the soil shall be surrounded by a blanket of crushed stone or gravel which is to be a minimum of 24 inches thick. The stone shall be separated from the surrounding soil by an appropriate geotextile fabric to be approved by the Township Engineer.
[Ord. No. 9-87; Ord. No. 12-93; Ord. No. 15-95; Ord. No. 20-95; Ord. No. 2170-00; Ord. No. 2305-07; deleted by Ord. No. 2471-16]
Street lighting shall be reviewed by the approving authority as a part of its review of an application for development. Street lighting shall be installed at street intersections and elsewhere as deemed necessary. The developer shall install underground service for street lighting.
528.1.
All developments shall be served by paved streets. The arrangement of streets shall provide for the appropriate extension of existing streets, conform with the topography as far as practicable, and allow for continued extension into adjoining undeveloped tracts.
528.2.
When a development adjoins land capable of being developed or subdivided, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed streets.
528.3.
Local streets shall be designed to discourage through traffic.
528.4.
When a development adjoins or includes existing Township streets that do not conform to widths shown on the Master Plan, Official Map, this ordinance, or other street width requirements of the Township, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate future widening. The widening may be offered to the Township for the location, installation, repair, and maintenance of streets, drainage facilities, utilities, and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Millburn to enter upon these lands for the purposes provided for and expressed in the Development Regulations Ordinance of the Township of Millburn." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair, or maintain any facilities installed in the area dedicated by ordinance, or shown on the plat, or provided for by any maintenance or performance guarantees. If the subdivision is along one side only, one-half of the required extra width shall be anticipated. See Section 609.7, Lots.
528.5.
Longitudinal grades on all local streets shall not exceed 10%, or 4% on primary, secondary, and collector streets as shown on the circulation plan of the Master Plan. No street shall have a longitudinal grade of less than 0.5%. Maximum grades within intersections shall be 4%. The maximum slope of the roadway from the center line to the curbline or edge of the paving shall be 2%. Where the roadway on a primary, secondary, or collector street is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.
528.6.
Intersecting street center lines shall be as close to right angles as possible. The curb lines shall be parallel to the center line.
528.7.
Where dead-end (cul-de-sac) streets are utilized, they shall conform to the following standards:
a.
A permanent dead-end street (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or a temporary dead-end street (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a roadway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if off-set, to a point where the roadway radius also becomes a tangent to one of the curblines of the associated street.
b.
If a dead-end street is temporary, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility of the developer who extends the street.
c.
A dead-end street shall serve no more than 14 lots, and shall not exceed 500 feet in length.
528.8.
No street shall have a name which will duplicate or nearly duplicate the spelling or phonetic sound of the names of existing streets. New street names shall be chosen to reflect the historical, topographical, or natural features of the site.
528.9.
Streets shall be constructed in accordance with the standards and specifications set forth in the Township of Millburn in the County of Essex, Standard Specifications.
[Deleted by Ord. No. 2471-16]
[Deleted by Ord. No. 2471-16]
[Ord. No. 2359-10]
[Ord. No. 2359-10]
The "Leadership in Energy & Environmental Design Rating System," Version 3 (LEED 2009), adopted April 2009, which includes rating systems for LEED for New Construction and Major Renovation promulgated by the US Green Building Council ("USGBC") are hereby adopted by reference and incorporated into this chapter.
a.
The Township supports the use of green building practices and adopts the use of USGBC's Leadership in Energy Design ("LEED") Rating System for the design and construction of new buildings and major renovations and additions to Township-owned buildings.
b.
The Township shall incorporate life-cycle and total cost accounting in the design, construction, and maintenance of all Township owned and financed buildings.
c.
Township funded capital improvement projects shall meet a minimum LEED "Silver" rating.
a.
To encourage development projects to incorporate sustainable building and design measures, the Township of Millburn has established a Sustainability Checklist as part of the Millburn submission checklist for minor site plan, subdivision/major site plan, subdivision applications. Applicants are required to fill out the Sustainability Checklist Form as a completeness item.
b.
The Sustainability Checklist Form incorporates proposed green energy and water conservation measures including:
1.
The name of any LEED Accredited Professionals working on the project.
2.
A list of appliances, fixtures and construction techniques which meet U.S. EPA's Energy Star and WaterSense standards.
3.
A list of green and recycled building materials used in construction, renovation, and maintenance.
4.
A Waste Management Plan for recycling and/or reusing 60% of all construction and demolition waste generated in projects larger than $25,000 outlining where waste will be sent for recycling, reuse, reprocessing, or disposal, together with a letter from each of the recipient facilities.
5.
Use of any water efficient landscaping.
7.
Details of roofing materials designed to reduce the urban heat island effect such as:
9.
A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides.
c.
For each of the sustainable building/design items listed on the Sustainability Checklist Form applicants must indicate the extent to which they are incorporating such a measure in the project; or, alternatively indicate the reason(s) why the measure is not being incorporated in the project.
Sustainability Checklist Form | ||
|---|---|---|
Sustainable Building and Design Standards | Applicant | Township OK (Date) |
Name of LEED Accredited Professional working on project | ||
List of Energy Star and WaterSense appliances, fixtures and construction techniques | ||
List of green and recycled building materials in new construction, renovation, and maintenance | ||
Waste Management Plan for recycling and/or reuse of 60% of all construction and demolition of waste generated in projects larger than $25,000 | ||
Use of any water efficient landscaping | ||
Use of any on-site renewable energy systems such as: | ||
Solar | ||
Wind | ||
Geothermal | ||
Details of roofing materials designed to reduce the urban heat island effect such as: | ||
Construction of roof top gardens to reduce solar gain in summer and insulate in winter Use of roofing materials that are no darker than a light gray or demonstrate how alternate roofing materials reduce the urban heat island effect | ||
Details of any sustainable stormwater systems employed such as: | ||
Bioswales/raingardens | ||
Permeable surfaces | ||
Grey water systems | ||
Retention and detention facilities | ||
Continuous trenching | ||
A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides | ||
Details of energy efficient HVAC equipment | ||
Details of building envelope efficiency such as insulation beyond code requirements, air sealing and advanced framing techniques | ||
Note: Please indicate for each of the sustainable building/design items listed, the extent to which the measure is being incorporated in the project; or, alternatively, indicate the reason(s) why it is not being incorporated in the project. |