Ordinance 2734-26: OR-1 and OR-3 Affordable Housing Ordinance - Public Hearing 3/9/2026

NOTICE

MILLBURN TOWNSHIP

ORDINANCE 2734-26

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 2734-26

ORDINANCE AMENDING AND SUPPLEMENTING THE TOWNSHIP OF MILLBURN

DEVELOPMENT REGULATIONS AND ZONING ORDINANCE

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, the Master Plan Reexamination and Update, adopted December 19, 2018, includes Objective 1.01 to “Protect the character of established residential neighborhoods and encourage land use and development at an appropriate scale and density;” and

WHEREAS, the Master Plan Reexamination and Update includes Objective 1.05: Create the realistic opportunity to provide for its fair share of the region’s affordable housing.

WHEREAS, the Master Plan Reexamination and Update recommends the Township “promote clear, user friendly, and transparent application, review and public hearing processes for development proposals and applications;” and

WHEREAS, the Township regulates zoning standards under Article 6, Zoning Provisions, § DRZ 606, Zone Requirements, § DRZ 606.8, Office research OR-1, OR-2, OR-3.

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 6, Zoning Provisions, § DRZ 606, Zone Requirements, § DRZ 606.8 Office research OR-1, OR-2, OR-3, is hereby amended and restated to read as follows:

§DRZ – 606.8 Office Research OR-1, OR-2, OR-3

1. Purpose. To provide administrative, research or engineering facilities related to scientific research, product development or related activities; office uses; hotel; service facilities; multifamily housing developments; and where permitted herein, Mixed-Use Development.
2. Permitted Principal uses.
   1. Offices, including medical offices, ambulatory surgical facilities, or urgent care, in the OR-1 and in the OR-2 Zone, and financial institutions.
   2. Retail services, such as beauty salons and barber shops.
   3. In addition in the OR-1 Zone, office-hotel complex, multifamily housing development in the area bounded by Block 5302, Lot 1, at the date of adoption of this ordinance.
   4. In addition in the OR-3 Zone, Mixed-Use Development subject to the standards contained herein.
3. Accessory Uses.
   1. Parking and loading areas, which shall not include below-grade structured parking facilities., except in mixed use developments pursuant to 606.8.f.
   2. Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.
   3. Sustainable building and site design features, such as but not limited to roof-mounted solar-energy-generating facilities, green roof, and electric vehicle supply equipment.
   4. Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited to building occupants and management.
   5. Any other use which is subordinate and customarily incidental to a nonresidential use.
4. Area and Setback Requirements. The following requirements shall apply to each zone unless otherwise expressly provided herein. Mixed-Use Developments in the OR-3 Zone shall instead be governed exclusively by the standards set forth in Subsection (f).
   1. Minimums                                                             OR-1                       OR-2                       OR-3
   2. Lot area – acres                           5                                                              10
   3. Lot area – square feet                                                10,000
   4. Lot width – feet                           400                         100                         400
   5. Lot depth – feet                           400                         100                         400
   6. Front setback                                75*                         15                           75*
   7. Side setback                                  50                           7                              50
   8. Rear setback                                 25                           20                           50

NOTE:

*      Front setback for accessory uses shall be 25 feet or equal to the height of the accessory structure, whichever is greater.

1. Maximums                                                             OR-1                       OR-2                       OR-3
2. Building coverage                        25%                        20%                        15%
3. Floor area ratio                            0.50                        0.40                        0.40
4. Lot coverage                                 65%                        65%                        55%
5. Building height – feet                 100                         32                           60

1. Other Provisions.
   1. In the OR-2 District, off-street parking shall be located in the side and rear yard areas whenever possible.
   2. In the OR-1 District, maximum development yield for multifamily housing developments shall not exceed a density of 20 24 dwelling units per acre.
   3. All residential developments shall include an on-site affordable housing set-aside of 20% of the total number of units. The affordable housing units shall comply with the Township's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). Compliance shall include but is not limited to the following: required bedroom and income distribution, with the sole exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning 30% or less of median income pursuant to the Fair Housing Act, affordability controls of at least 30 years, phasing in compliance with N.J.A.C. 5:93-5.6(d), and affirmative marketing, including posting of all affordable units on the New Jersey Housing Resource Center website in accordance with P.L. 2020, c. 51. ^[2] Additionally, the affordable units shall be integrated with the market-rate units. In buildings with multiple dwelling units, the affordable units shall be generally distributed within each building with market units, and the affordable units shall not be concentrated in separate buildings or in separate areas or floors from the market-rate units. The residents of the affordable units shall have full and equal access to all of the entryways, amenities, common areas, and recreation areas and facilities as the residents of the market-rate units comply with all requirements of DRZ-501 Affordable Housing.
2. Provisions for Mixed-Use Development. In the OR-3 District, Mixed-Use Development shall be permitted subject to the standards set forth below.
   1. Tract Area. The land area required for Mixed-Use Development shall be a minimum of 14 acres.
   2. Required Components. A Mixed-Use Development shall contain the following:
   3. A residential component consisting of one or more multi-family residential buildings with apartment units and associated amenities and services, including but not limited to a pool, fitness center, screening room, golf simulator, business center and concierge.
   4. An office component consisting of one or more office buildings with executive, professional and/or business offices.
   5. A hotel component consisting of a single building offering transient lodging accommodations to the general public and which may contain associated facilities, including but not limited to restaurants/bars, health/fitness rooms, ballrooms and meeting/conference rooms.
   6. Maximum Development Yield.
   7. Notwithstanding any other provisions contained herein, the total number of multi-family residential units within a Mixed-Use Development shall not exceed 200 310.
   8. Notwithstanding any other provisions contained herein, the total gross floor area of office use within a Mixed-Use Development shall not exceed 260,000 square feet.
   9. Notwithstanding any other provisions contained herein, the total number of hotel rooms within a Mixed-Use Development shall not exceed 250.
   10. Permitted Accessory Uses. The following accessory uses shall be permitted in a Mixed-Use Development:
   11. Off-street parking, including in a separate structure or within a building (i.e., above and below grade) as permitted herein.
   12. Off-street loading.
   13. Any other accessory uses expressly permitted herein.
   14. Any other use which is subordinate and customarily incidental to one or more of the component uses of the Mixed-Use Development, including but not limited to, leasing/sales/management offices, maintenance and trash collection/recycling buildings and recreational amenities associated with residential development.
   15. Locational Requirements.
   16. No multi-family residential building shall be located within 250 60 feet of the John F. Kennedy Parkway right-of-way, nor shall any such building be located greater than 600 feet from the westerly perimeter boundary of the OR-3 Zone.
   17. No hotel building shall be located within 150 feet of the Canoe Brook Road right-of-way, nor shall such building be located greater than 500 feet from the westerly perimeter boundary of the OR-3 Zone.
   18. Development Standards.
   19. Maximum building height: 60 78 feet.
   20. Maximum lot coverage: 75%.
   21. Maximum building coverage: 45%.
   22. Maximum Floor Area Ratio: 1.2
   23. Minimum multi-family residential hotel building setback to John F. Kennedy Parkway right-of-way: 60 feet.
   24. Minimum multi-family residential hotel building setback to the westerly perimeter boundary of the OR-3 Zone: 20 feet.
   25. Minimum multi-family residential building setback to Canoe Brook Road right-of-way: 10 feet.
   26. Minimum multi-family residential building setback to the westerly perimeter boundary of the OR-3 Zone: 20 feet.
   27. Minimum office building setback to John F. Kennedy Parkway right-of-way: 100 feet.
   28. Minimum office building setback to Canoe Brook Road right-of-way: 50 feet.
   29. No surface parking area shall be located closer than 10 feet to the perimeter boundary of the OR-3 Zone, except that in the case of the easterly perimeter boundary, no surface parking area shall be located within 100 feet of same.
   30. No freestanding parking structure shall exceed two levels in height, nor shall such structure be located within 50 feet of the John F. Kennedy Parkway right-of-way; within 20 feet of the Canoe Brook Road right-of-way; or within 100 feet of the easterly perimeter boundary of the OR-3 Zone.
   31. All areas not devoted to buildings or paved surfaces shall be landscaped as deemed appropriate by the Planning Board. An overall landscaping plan shall be submitted indicating the type, size and spacing of all grasses, plants, shrubs, evergreen and deciduous trees and shall include landscaping site details for any other decorative features.
   32. Parking for multi-family residential use shall comply with the requirements of the New Jersey Residential Site Improvement Highrise Standards (RSIS); including those provisions under N.J.A.C. 5:21-4.14(e) regarding shared parking standards for mixed-use developments.
   33. The parking requirement for office use shall be 3.6 spaces for every 1,000 square feet of gross floor area. The parking requirement for hotel use shall be in accordance with subsection 607.2.
   34. Off-street loading shall be provided in accordance with Section 607.1.
   35. Multi-family residential development shall provide an on-site set-aside of low- and moderate-income units equal to 20% of the total number of units if such housing is offered for sale, and a set-aside equal to 20% 15% of the total number of units if such housing is rental. Such units shall be integrated throughout the multi-family building(s). The provision of low- and moderate-income housing shall be subject to the then applicable regulations of the New Jersey Council on Affordable Housing and the Uniform Housing Affordability Controls. , in accordance with all requirements of DRZ-501 Affordable Housing.
   36. No development, except for maintenance and improvements to the existing stormwater detention basin, shall occur within 100 feet of the easterly perimeter boundary of the OR-3 Zone.
   37. Except for low- and moderate-income units, all All multi-family residential units shall be limited permitted to be either one, or two or three bedrooms.
   38. Dimensional, Bulk and Internal Setback Requirements. Recognizing that an existing office building and ancillary parking areas may be reused and that additional buildings are contemplated as part of the overall Mixed-Use Development, the intent of these regulations is to encourage creative and innovative design and provide flexibility in terms of how existing and proposed new buildings shall visually relate to each other as well as the general landscape. As such, multiple buildings on a lot are permitted and there shall be no minimum lot area, depth, width or floor area ratio requirements governing development other than as established herein. There shall be no setback requirements to interior lot lines that may be created as part of any future subdivision within the Mixed Use Development tract. There shall be no minimum distances between buildings except as required by applicable building and fire safety codes. Residential and non-residential uses may share the same internal roadways.
   39. Building Articulation and Massing.
       1. Multi-family building facade bulk should be broken down vertically into a series of bays and/or through vertical changes in the facade plane. Individual facades should be defined by a change in material, color, pattern and/or texture; use of columns, pilasters, gutters or expansion joints massing; and/or size and rhythm of fenestration. Facade definition should extend upward through all levels of the building.
       2. Multi-family buildings should be differentiated horizontally into a base, middle and top, as follows:
          1. The base should be highlighted architecturally to visually ground the building. Detailing at the base should be richer than on upper floors. For example, horizontal banding, belt course and/or larger window openings, as well as signage, lighting and awnings or canopies will help highlight the base.
          2. The middle should be distinguished from the base and top by horizontal belt courses or cornices, and/or changes in material, texture and fenestration pattern.
          3. The top floor and/or the roof line should be distinguished from the base and middle with a coping, parapet wall, balustrade and/or cornice, change in material, texture and/or fenestration pattern.
       3. Roof shape and mass should relate to the multi-family building massing on the lower levels. Flat and peaked roof shapes are permitted, but mansard roofs are prohibited. Flat roofs should incorporate green design features to the extent practical.
   40. Building Facade Detailing.
   41. (a) Windows shall occupy at least 25% of the facade area, excluding partially buried existing subsurface structured parking levels.
   42. (b) A change in plane and variation in materials and/or detailing should be provided for any windowless wall area in excess of 20 feet in length.
   43. (c) Any parking within a building that is above grade shall be architecturally screened and detailed to create an attractive and harmonious facade, as follows:
       1. (1) The parking facade should be designed with a similar level of detail, materials and fenestration pattern as is used on the upper-floor facades.
       2. (2) Window openings should be provided in the parking facade, with a similar size, spacing, quantity and enframement as in the building mass above the parking area.
       3. (3) Window openings should be fully glazed with translucent glass, allowing shadows and silhouettes behind the glass to be visible. Newly constructed Garage openings shall be free of glazing Alternately, window openings may be open, free of glazing, but shall be covered by decorative metal grilles or grates.
       4. (4) Window sizing, placement, glazing and grilles/grates should be designed to minimize headlight glare.
       5. (5) A low planting area should be provided along the parking facade. Plantings should be varied in height and color or texture, and should provide greenery in winter months as well.
   44. Preferred materials for facades are brick, cultivated stone or other masonry facing; fiber cement siding or backboard; metal panels; metal, and glass. No more than three different materials should be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and/or pattern may be employed to create further distinctions. The level of materials, detailing and articulation should be consistent along all facades. Materials should be extended around corners and extensions in order to avoid a "pasted on" appearance.
   45. All major mechanical equipment located on any roof of a building should be screened from view from all vantage points with a material harmonious to that used in the facade of the structure.
   46. Site Plan and Subdivision Applications. Application shall be made initially for preliminary site plan approval for the entire Mixed Use Development tract, or simultaneously, for preliminary site plan approval for the entire Mixed Use Development tract and final site plan approval for a portion or portions of the tract. Nothing contained herein shall preclude the developer of the Mixed-Use Development tract from seeking subdivision approval of the tract pursuant to the terms hereof. At the time of applying for preliminary and/or final site plan approval or subsequent to obtaining preliminary site plan approval, an application may be made for subdivision approval for purposes of creating up to three separate lots, allowing for the separate ownership of individual components of the Mixed Use Development tract. The provisions of this ordinance regarding lot size and bulk standards for the Mixed Use Development tract shall not apply to lots that may be created for individual components of the Mixed Use Development. At the time of the filing of the subdivision plats, a cross-easement agreement, in a form reasonably acceptable to the Planning Board attorney, shall be recorded against the Mixed-Use Development tract providing for the construction, maintenance, access and use of all shared facilities by the owners of each of the subdivided lots, as appropriate.

Section 2. 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 3. Effective Date. This Ordinance shall take effect immediately upon final passage and publication according to law.

Section 4. 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 5. Codification. This Ordinance may be renumbered for codification purposes.

Section 6. 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 7. The Township Clerk is hereby authorized and directed to provide such notice and publication of this matter so as to permit the conduct of all public hearings as are required by the Law.

Section 8. 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.