Project Information

Bid Title

4/21/26: Ordinance 2748-26 - Amending Development Regulations & Zoning Ord. - Public Hearing 6/2/26

Issuing Agency

Township of Millburn

Location

New Jersey

Published Date

Apr 23, 2026

Closing Date

Jun 30, 2026

Government Level

State & Local

Status

Closed

Original Source

Join to Access Full Details

Bid Inquiries

Join to Access Full Details

Bid Documents

Join to Access Full Details

Project Description

Bid Title:	4/21/26: Ordinance 2748-26 - Amending Development Regulations & Zoning Ord. - Public Hearing 6/2/26
Category:	Township Committee Notices
Status:	Open

Description: PUBLIC NOTICE MILLBURN TOWNSHIP MILLBURN TOWNSHIP COMMITTEE ORDINANCE 2748-26 PUBLIC NOTICE is hereby given that the following Ordinance was submitted in writing, introduced, read by title and passed on first reading at a meeting of the Township Committee of the Township of Millburn, in the County of Essex on Tuesday, April 21, 2026. The ordinance will be considered for final passage and adoption at the public hearing held at a Township Committee meeting beginning at 7:00 p.m. on Tuesday, June 2, 2026 at the Millburn Library, 2 nd Floor, 200 Glen Avenue, Millburn, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. The 2 nd Floor of the Library will open for this meeting beginning at 6:45PM and details on the meeting and agenda may be located at town hall, on our website https://www.twp.millburn.nj.us/AgendaCenter or by contacting the Municipal Clerk's Office at 973-564-7092. BY ORDER OF THE TOWNSHIP COMMITTEE Christine A. Gatti, RMC, Township Clerk ORDINANCE NO. 2748-26 ORDINANCE AMENDING AND SUPPLEMENTING THE TOWNSHIP OF MILLBURN DEVELOPMENT REGULATIONS AND ZONING ORDINANCE WHEREAS, the Millburn Township Committee adopted Ordinance 2646-23 on September 19, 2023 and Ordinance 2674-24 on June 4, 2024, which, among other amendments, amended various code definitions and standards to contemplate half-stories in residential development; and WHEREAS, the Township Committee has determined that the Township’s existing zoning provisions governing building height and half-stories should be clarified and coordinated to promote consistent administration and reduce uncertainty in development review; and WHEREAS, the Township Committee further finds that clear standards governing building height, rooftop projections, flood-related elevation, and half-stories will assist in preserving neighborhood character and ensuring that new construction and additions remain compatible with the scale and form of established residential development; and WHEREAS, the Township Committee recognizes that development in flood-prone areas must be regulated in a manner that protects the public health, safety, and welfare and reduces the risk of flood damage; and WHEREAS, the New Jersey Department of Environmental Protection (“NJDEP”) has adopted amendments to its Resilient Environments and Landscapes (“REAL”) rules, including amendments to flood hazard and related regulations; and WHEREAS, the Township Committee finds that, where elevation is required by applicable federal or State flood regulations, the Township’s zoning standards governing building height should be administered in a manner that is consistent with such requirements and avoids unintended zoning nonconformities created solely by mandatory flood-elevation standards; and WHEREAS, the Township of Millburn Master Plan Reexamination and Update, adopted December 19, 2018, establishes goals and objectives to guide land use and development within the Township; and WHEREAS, Goal 1 of the Master Plan seeks to “Encourage appropriate land uses that promote the character of the Township as a small suburb of the highest quality,” and Objective 1.01 seeks to “Protect the character of established residential neighborhoods and encourage land use and development at an appropriate scale and density”; and WHEREAS, Goal 6 of the Master Plan seeks to “Develop and implement strategies to address town-wide sustainability, resiliency and to adapt to global climate change”; and WHEREAS, Objective 6.01 of the Master Plan calls for private development to incorporate sustainable design practices that control run-off, improve streetscapes, increase energy efficiency, and preserve open space and greenways; and WHEREAS, Objective 6.08 of the Master Plan calls for the Township to prohibit development of areas inappropriate for development, such as flood plains, water reserves, wetlands and other environmentally sensitive areas, and Objective 6.09 calls for the Township to maintain the integrity of stream channels for their biological function as well as drainage; and WHEREAS, the Master Plan Reexamination and Update also identifies flooding as a recurring Township concern and notes the importance of sustainability and resiliency measures responsive to local flood conditions; and WHEREAS, the Township Committee finds that the amendment of the definitions of BUILDING HEIGHT and STORY, HALF, and the establishment of § DRZ 609.14, Height Standards, will improve clarity in the development review process, promote uniform administration of the zoning ordinance, preserve neighborhood character, and advance the Township’s land use and resiliency objectives. NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Millburn, in the County of Essex and State of New Jersey, as follows: Section 1. Article 3, Definitions, § DRZ 301, Words and Phrases Defined, is hereby amended as follows: 301.9. BUILDING HEIGHT - The vertical distance from the average ground elevation around the foundation to the building's highest point. The average ground elevation shall be calculated by measuring the elevation at ten-foot intervals around the perimeter of the foundation. When measuring to the highest point of the building, the following building elements are to be excluded from the height calculation: chimneys, satellite dishes and antennas, mechanical equipment, elevator towers and flag poles. For any lot or structure required by applicable federal or State flood regulations to be elevated, the average ground elevation shall be the Design Flood Elevationas determined in accordance with the New Jersey Uniform Construction Code, the NJDEP Flood Hazard Area Control Act rules, and applicable FEMA flood mapping and best available flood hazard data.   See DRZ-609.14 for more. a. The building height shall not exceed the maximum allowed in the zoning district by more than five feet from the lowest elevation around the perimeter of the foundation. b. The excluded building elements listed above shall not exceed the permitted building height by more than 12 feet, or the maximum building height specified for a particular zone by more than eight feet. c. Where soil or rock removal lowers the ground elevation around the perimeter of the foundation, the building height calculation shall be based on the lowered elevation. d. Where fill raises the ground elevation around the perimeter of the foundation, building height calculation shall be based on the elevation as it existed prior to the use of fill. e. All roof-top mechanical equipment screening shall be no higher than the equipment being screened. 301.61.1. STORY, HALF: A space beneath a sloping roof in which the line of intersection between the roof decking and the exterior wall face is not more than three (3) feet above the finished floor level, and in which the area having a ceiling height of five (5) feet or less comprises at least forty percent (40%) of the floor area of the story directly below, as further regulated in DRZ 609.14. That portion of any building or structure located under a pitched roof at the top of a building having a story height of seven feet or greater and having a gross floor area that is less than or equal to one half of the gross floor area of the floor below. For the topmost story, story height shall be measured from the top of the finished floor to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. Section 2. Article 6, Zoning Provisions, § DRZ 609.14 Height Standards, is hereby established as follows: § DRZ 609.14 Height Standards When measuring to the highest point of a building, the following building elements are to be excluded from the height calculation: chimneys, satellite dishes and antennas, mechanical equipment, and elevator towers. The excluded building elements listed above shall not extend more than twelve (12) feet above the highest point of the building, nor more than eight (8) feet above the maximum building height permitted in the zone district. Building height shall be measured in accordance with the definition of BUILDING HEIGHT, as defined in DRZ 301.9; provided, however, that the vertical distance from the lowest elevation around the perimeter of the foundation to the highest point of the building shall not exceed the maximum building height permitted in the zoning district by more than five (5) feet. Where soil or rock removal lowers the ground elevation around the perimeter of the foundation, the building height calculation shall be based on the lowered elevation. Where fill raises the ground elevation around the perimeter of the foundation, building height calculation shall be based on the elevation as it existed prior to the use of fill. All roof-top mechanical equipment screening shall be no higher than the equipment being screened. Design Flood Elevation. For any lot or structure required by applicable federal or State flood regulations to be elevated, the baseline elevation (“zero”) for purposes of calculating Building Height shall be the Design Flood Elevation (DFE), as determined in accordance with the New Jersey Uniform Construction Code, the NJDEP Flood Hazard Area Control Act rules, and applicable FEMA flood mapping and best available flood hazard data, including any required freeboard as may be amended from time to time. Building Height shall be measured vertically from the DFE to the building’s highest point. Half Story: For purposes of the Development Regulations and Zoning Ordinance, a “half story” is the uppermost level of a building located directly beneath a sloping roof and shall be classified as a half story only if all of the following requirements are met: Roof/Wall Intersection Height (Knee Wall Height). At the exterior face of each exterior wall supporting the sloping roof, the vertical distance from the top floor level to the point where the underside of the roof decking first intersects the exterior wall line (the “roof/wall intersection”) shall be not exceed three (3) feet. This measurement shall be taken vertically and shall exclude eaves, soffits, fascia, gutters, overhangs, and similar projections. Dormers, skylights, chimneys, and other roof projections shall be disregarded for purposes of this measurement. Low Ceiling Area Test. The floor area of the half-story level having a ceiling height of five (5) feet or less shall comprise at least forty percent (40%) of the floor area of the story directly below. For purposes of this subsection, “floor area” shall be calculated using the same measurement method as FLOOR AREA RATIO – RESIDENTIAL. Measurement Definitions. For purposes of this subsection: “Top floor level” means the top of the finished floor of the half-story level. “Ceiling height” means the vertical distance from the top floor level to the underside of the finished ceiling; where there is no ceiling, to the underside of the roof rafters, roof trusses, or other roof framing. “Roof plane” means a single contiguous sloping surface of a roof having a common pitch, exclusive of dormers, chimneys, skylights, and other roof projections. Required Plan Information. Any application depicting or claiming a half story shall include a building section drawing showing the measurements required by this subsection, including the roof/wall intersection height at each supporting exterior wall and the five-foot ceiling-height area calculation. The cumulative width of all dormers on a roof plane, measured at the dormers’ widest points, shall not exceed fifty percent (50%) of the width of that roof plane. If this limit is exceeded, the level shall be deemed a full story rather than a half story. Effect of Noncompliance. If any requirement of this subsection is not met, the level shall not be classified as a half story for purposes of determining the number of stories or building height under this Chapter. Section 3. Repealer. All ordinances or parts of ordinances contrary to or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict or inconsistency. Section 4. Severability. Each section, subsection, paragraph, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this Ordinance, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, preempted, void, or ineffective for any clause or reason, such determination shall not affect the remaining provisions of this Ordinance, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this Ordinance are severable. Section 5. Effective Date. This Ordinance shall take effect immediately upon final passage and publication according to law. Section 6. Prior actions. All actions of the Township of Millburn taken prior to the date of adoption hereof contemplated by this Ordinance are hereby ratified and approved. Section 7. Codification. This Ordinance may be renumbered for codification purposes. Section 8. The Township Clerk is hereby authorized and directed to forward this ordinance to the Planning Board for its review and comment as authorized by the Law. Section 9. The Township Clerk is hereby authorized and directed to provide such notice and posting of this matter so as to permit the conduct of all public hearings as are required by the Law. Section 10. The Township Clerk is hereby authorized and directed to forward this ordinance to the Essex County Planning Board after final adoption, as provided by the Law. Posting Details – Ordinance 2748-26 Millburn Township Committee Date Posted on Millburn Public Notices Page and Bulletin Board: 04/23/2026 Publication Date/Time: 4/23/2026 12:00 AM Closing Date/Time: 6/30/2026 11:59 PM

Commodity Codes

• NAICS 541611Administrative Management and General Management Consulting Services

* Disclaimer: Government BidHub provides information on bids, RFPs (Requests for Proposals), and RFQs (Requests for Qualifications) solely for convenience and informational purposes. This site is not an official public notice board. For official details, responses, or inquiries, please contact the relevant government agency directly.