Ordinance 2733-26: FR-AHO Overlay Zoning Ordinance - Public Hearing 3/9/2026

NOTICE

MILLBURN TOWNSHIP

ORDINANCE 2733-26

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, February 17, 2026. The ordinance will be considered for final passage and adoption at the public hearing held at a special meeting beginning at 1:00 p.m. on Monday, March 9, 2026 at the Millburn Town Hall conference room, 22 East Willow Street, 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 meeting 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.

The complete text of each Millburn Township legal notice will be available free of charge at https://twp.millburn.nj.us/bids.aspx with a direct link from the home page ( https://twp.millburn.nj.us/ ) and follow the link entitled “Legal Notices”.

BY ORDER OF THE TOWNSHIP COMMITTEE

Christine A. Gatti, RMC, Township Clerk

ORDINANCE 2733-26
AN ORDINANCE AMENDING THE DEVELOPMENT REGULATIONS AND ZONING ORDINANCE OF THE TOWNSHIP OF MILLBURN TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT REGARDING COMPLIANCE WITH THE TOWN’S AFFORDABLE HOUSING OBLIGATIONS BY ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE DESIGNATED AS THE FOURTH ROUND-AHO DISTRICT AND MODIFYING THE ZONING MAP

WHEREAS, in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq, and the Municipal Land Use Law, the Township of Millburn Planning Board has adopted a Housing Element and Fair Share Plan on June 18, 2025 to address the Township’s Fourth Round constitutional obligation to provide a realistic opportunity for the development of housing that is affordable to low- and moderate-income families and individuals; and

WHEREAS, in order to implement the Housing Element and Fair Share Plan, the Code of the Township of Millburn must be amended to allow for overlay zone districts to address the prospective need obligation in accordance with N.J.S.A. 52:27D-304.1.f.2.c; and

WHEREAS, the Township Committee has adopted a Master Plan Reexamination and Update on December 19, 2018, which establishes land use goals and objectives to guide future development and redevelopment within the Township;

WHEREAS, Goal 1 of the Master Plan Reexamination and Update calls for the Township to “encourage appropriate land uses that promote the character of the Township as a small suburb of the highest quality,” including Objective 1.01 to “protect the character of established residential neighborhoods and encourage land use and development at an appropriate scale and density,” Objective 1.02 to “promote the appropriate mix of development in Downtown and other commercial areas,” and Objective 1.05 to “create the realistic opportunity to provide for its fair share of the region’s affordable housing,” and the Township’s adoption of this Ordinance is intended to advance and implement these Master Plan goals and objectives.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Millburn, in the County of Essex and the State of New Jersey, as follows:

Section I. The Zoning Map under Chapter DRZ – Attachment 4 – Schedule D shall be and is hereby amended and supplemented by the addition of the Fourth Round Affordable Housing Overlay (FR-AHO) District, incorporating the following properties as shown on the Official Tax Map of the Township of Millburn said overlay zone:

Section II. The Zoning Regulations are hereby amended by adding a new section DRZ 606.4.6, Fourth Round Affordable Housing Overlay (FR-AHO) District, to read in its entirety as follows:

DRZ 606.4.6

FR Affordable Housing Overlay (FR-AHO) District

1. Purpose and Intent. The purpose of this article is to supplement Article 6 of the Code of the Township of Millburn in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel II”) and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. These regulations are intended to implement the Housing Element and Fair Share Plan.  The FR-AHO district is designed to enable property within the Overlay District to be developed with multi-family residential development in conjunction with the underlying zone district development standards that are, and shall remain, in force.  Multi-family residences permitted in the FR-AHO District shall include affordable housing set-aside as provided for elsewhere in this section.
2. Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Township of Millburn:

1. Principal Permitted Uses. The following principal uses shall be permitted in the FR-AHO District:
   1. Multi-family dwellings.
   2. Existing permitted uses, permitted by the underlying zone district.
   3. Development of a site in the FR-AHO where the underlying zone is the B-4 zone, may be in combination with the permitted use of the overlay zone and the underlying zone. For all other sites in the FR-AHO, development is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
2. Maximum Permitted Density
   1. There shall be a maximum residential density as follows:
   2. For properties in Block 801: 35 dwelling units per acre
   3. For properties in Block 1005: 25 dwelling units per acre
3. Affordable Housing Mandatory Set-Aside. All multi-family dwellings shall comply with the affordable housing mandatory set-aside requirements of DRZ – 501 – Affordable Housing.

SECTION III. All existing ordinances or parts of ordinances in conflict or inconsistent with any part of this ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.

SECTION IV. In the event that any section, provision or part of provision of this ordinance shall be held to be unenforceable or invalid by any court, such holding shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid.

SECTION V. This ordinance shall not be effective until approved by the Superior Court of New Jersey after a Compliance Hearing and after final passage and publication in accordance with law.