Millburn City Zoning Code
ARTICLE 4
General Provisions
§ DRZ-401 Administration.
These rules, regulations, and standards shall be considered the minimum requirements for the protection of the public health, safety, and welfare of the citizens of the Township of Millburn.
§ DRZ-402 Amendments.
All provisions of this ordinance may be amended in accordance with applicable laws.
§ DRZ-403 Appeal.
[Ord. No. 2318-08]
Any and all appeals from final decisions of the Planning Board or the Board of Adjustment pursuant hereto shall be made to and filed in the Superior Court of New Jersey pursuant to the Rules of Court.
§ DRZ-404 Board of Adjustment.
A Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven regular members and two alternates who shall be residents of the Township of Millburn appointed by the Governing Body.
§ DRZ-405 Building permits, site plan approvals, and variances outstanding.
Nothing in this ordinance shall require any change in a building permit, site plan, or variance which was approved before the enactment of this ordinance, but is in violation of this ordinance, provided that construction based on such a building permit shall have been started within one year from the effective date of this ordinance and, in the case of a site plan or variance, a building permit shall have been issued within one year following the effective date of this ordinance. In all instances the project shall be continuously pursued to completion, otherwise all approvals and permits shall be void.
§ DRZ-406 Compliance.
All zoning requirements shall be met at the time of any erection, enlargement, or change in use.
§ DRZ-407 Conditional uses.
Before any permit shall be issued for a conditional use, applications shall be made to the approving authority, in accordance with the procedures outlined in the rules and regulations adopted by the approving authority.
§ DRZ-408 Effective date.
This ordinance shall take effect upon its final passage, publication of notice, and filing with the County Planning Board according to law.
§ DRZ-409 Enforcing officers.
It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this ordinance. It shall be the duty of the Municipal Engineer to enforce the provisions of subdivision and site plan approvals. See Section 420, Zoning Permits.
§ DRZ-410 Fees.
[Ord. No. 15-89; amended 5-16-2023 by Ord. No. 2637-23]
The applicant shall, at the time of filing an application for development, pay the following fees to the Township by check or bank money order. The application fee is nonrefundable. Proposals requiring a combination of approvals, such as subdivision, site plan, and/or variance, shall pay a fee totaling the full amount of applicable fees for each required approval.
§ DRZ-410.1 Subdivision Application.
§ DRZ-410.2 Site Plan Application.
§ DRZ-410.3 Variances and Other Appeals.
§ DRZ-410.4 Conditional Use Application pursuant to N.J.S.A. 40:55D-67.
[Amended 5-16-2023 by Ord. No. 2637-23]
Fee: $300.
§ DRZ-410.5 Historic Preservation Applications.
§ DRZ-410.6 Zoning Permits.
§ DRZ-410.7 Technical Review Fees.
[Ord. No. 2278-06; Ord. No. 2467-16; amended 5-16-2023 by Ord. No. 2637-23]
In addition to the filing fees required by Sections 410.1 through 410.6, an applicant shall pay fees equal to the costs incurred for the technical review of the application by the Township Engineer, planning and engineering consultants to the Planning Board, the Board of Adjustment or Historic Preservation Commission; the Attorney for the Planning Board, the Board of Adjustment or Historical Preservation Commission, and any other professional expert or consultant whose review, study, research and reports and/or testimony is deemed necessary by the municipal agency in order to assure compliance with State and Township laws, ordinances, rules and regulations. Technical review fees shall be calculated in accordance with the actual time required for review at rates established by a schedule of professional fees adopted and from time to time amended by resolution of the Township Committee, which schedule shall be maintained in the office of the Township Clerk for public inspection. If the salary and overhead for a professional are provided by the Township, the hourly rate charged to the deposit from said professional shall be 200% of the sum of the product resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or inspection of the developer's improvements, as the case may be. Unless such fees are waived or deferred by the applicable agency, at the time of filing an application for development with the Planning Board, Board of Adjustment or the Historic Preservation Commission, the applicant shall pay to the Township an initial deposit for technical review fees in accordance with the following schedule:
b.
Site Plan Application.
d.
The minimum escrow fee deposit for anticipated professional review by the Historic Preservation Consultant to the Historic Preservation Commission: $750. Thereafter, if additional services are required, the Historic Preservation Consultant shall be paid in accordance with the hourly rate established by Township Resolution. For Applications for Development filed to the Planning Board or Board of Adjustment, which require referral to the Historic Preservation Commission pursuant Section DRZ-806, the minimum escrow fee deposit shall be $250.
e.
A review fee of $1,000 for all proposals concerning wireless telecommunications installation where a new tower or other structure is proposed in addition to all other required fees.
f.
Miscellaneous special services. Traffic or other relevant professional study and analysis if required as determined by the Municipal Engineer.
No major application for development shall be deemed complete until such time as the applicant shall have posted with the Township in cash or certified check the amount of escrow deposit determined by the Township Engineer based upon the following criteria: (a) complexity of the application; (b) proximity of the proposed development to other uses; (c) traffic considerations; (d) public safety considerations; (e) infrastructure needs and impact; and (f) related considerations. The Township Engineer's determination of the escrow may be modified by the Chairperson of the Planning Board, Board of Adjustment or Historic Preservation Commission or by a vote of the entire applicable board.
§ DRZ-410.8 Inspection Fees and Costs.
[Ord. No. 2467-16]
The applicant shall pay fees equal to the expenses incurred by the Township with respect to:
a.
The inspection of on-site, on-tract, off-site and off-tract improvements constructed or installed by the applicant in accordance with the terms and conditions of subdivision and/or site plan approval or the grant of a variance;
b.
The testing of materials or construction work performed by the applicant in the event that such testing is deemed necessary by the Township;
c.
Analyses or tests to determine compliance by the applicant with any monitoring standards established by the terms and conditions of subdivision or site plan approval; and
d.
The inspection of improvements constructed or installed by the applicant for purposes of determining compliance with any maintenance obligations of the applicant.
The improvements constructed or installed to meet the requirements of subdivision or site plan approval, which are the subject of inspection, include the following: pavement subgrade, base course pavement, surface course pavement, sidewalks, storm drainage facilities, sanitary sewerage facilities, street signs, topsoil and erosion protection, grading, landscaping and monuments. An applicant shall give notice at least 24 hours in advance of the undertaking of any work which is the subject of inspection. Overtime inspection will not be provided unless special arrangements are made therefor prior to the overtime period. Inspection fees shall be calculated in accordance with the actual time required for inspection at rates established by a schedule of inspection fees, which schedule shall be adopted and from time to time amended by resolution of the Township Committee and maintained in the office of the Township Clerk for public inspection.
At the time of the grant of final subdivision or site plan approval, or prior to the commencement of any work on subdivision or site plan improvements, if such work is undertaken before final approval, the applicant shall pay to the Township an initial deposit for inspection fees and costs. Such initial deposit shall be in accordance with the following schedule:
Estimated Costs of Improvements (exclusive of building) | |
Under $5,000 | 8% |
$5,000 - $10,000 | $400 + 5% over $5,000 |
$10,000 - $50,000 | $650 + 4.5% over $10,000 |
$50,000 - $100,000 | $2,450 + 4% over $50,000 |
Over $100,000 | $4,450 + 3% over $100,000 |
Hourly Billing Rate | As set by resolution of the Township Committee |
The Estimated Costs of Improvements shall be determined by the Township Engineer based on plans and certified quantity estimates prepared by the applicant's engineer and shall include a 20% excess contingency. |
Inspection shall not relieve the applicant from the obligation of performing work strictly in accordance with the plans and specifications approved therefor or the obligation of performing work in a workmanlike manner using first-class materials. Until such time as the Township Committee shall approve the construction and installation of any improvement by a resolution adopted pursuant to the provisions of N.J.S.A. 40:55D-53, any improvement not meeting the aforesaid plans, specifications or standards shall be replaced, reconstructed or repaired by the applicant despite any previous oversight or error in inspection. |
e.
When an application to the Historic Preservation Commission has been approved and the Construction Code Official and/or the Township Engineer has issued a Construction Permit and/or any other associated permits then in addition to construction code and engineering inspections with respect thereto, the Construction Code Official and/or Township Engineer shall request that the Historic Preservation Commission Consultant inspect the project for compliance with approved historic architectural elements or construction, then the HPC Consultant shall be paid therefor upon presentation of a bill associated with such inspections from the escrow deposit made by the applicant and administered by the Township Treasurer as required by law.
§ DRZ-410.9 Fee Deposits Held in Escrow.
[Ord. No. 2467-16]
Each deposit for anticipated municipal expenses for professional services shall be held in escrow by the Township in an account separate from the general funds of the Township pursuant to N.J.S.A. 40:55D-53.1. The account shall be in a banking institution or savings and loan association in this State, insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township Treasurer shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. All interest earned on any account shall be retained in the account until paid over as hereinafter provided. The Township Business Administrator shall from time to time certify to the Township Committee the inspection fee as determined in accordance with the aforementioned schedule of professional fees, as well as any inspection costs. Such fees or charges shall be based upon a schedule established by resolution pursuant to N.J.S.A. 40:55D-53.1. If the Township Committee determines the costs as certified to be reasonable, then such amount shall be withdrawn from the escrow account and paid over to the Township as an item of miscellaneous revenue. An applicant may at any time examine Township records with respect to an escrow account and expenditures therefrom. All deposits for inspection fees shall be made prior to the performance of the inspection services which the deposit is intended to cover. In the event that the initial deposit made by an applicant is not sufficient to cover all technical review fees or costs with respect to the application for which the deposit was made or all inspection fees and/or costs with respect to the application for which the deposit was made, upon request by the Township, the applicant shall make such further deposit or deposits as may be necessary to cover further inspection fees and/or costs. Whenever the interest earned on any escrow account shall exceed $100 in any calendar year, the Township Treasurer shall pay to the applicant 66 2/3% of the interest earned during the calendar year on such account, with the remaining 33 1/3% of such interest being paid over to the Township for administrative expenses. Such payments shall be made within 30 days after the termination of the calendar year in which the interest was earned or upon the termination of the account in the event that the account shall be terminated prior to the end of the calendar year. Whenever the interest earned on any escrow account is no more than $100 in any calendar year, all of such interest shall remain in the account until the termination of the account at which time all of such interest shall be paid over by the Township Treasurer to the Township for administrative expenses. After the issuance of a report by the Township Engineer that all subdivision and/or site plan improvements have been completed, inspected and approved, and after all inspection fees and/or costs have been paid from the escrow account for such application, the Township Treasurer shall refund to the applicant all deposit moneys remaining in the escrow account, together with the interest, if any, which the applicant is entitled to receive. After the interest which the Township is entitled to receive is paid over to the Township, the escrow account shall be terminated.
§ DRZ-410.10 Off-Tract Improvement Charges.
[Ord. No. 2467-16]
a.
Construction or Contribution Required. Pursuant to N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, where the need for off-tract improvements for water, sewer, drainage, street improvements and other improvements as provided by law are, in whole or in part, made necessary or required as a result of a proposed development application, the Planning Board may require the developer, as a condition of subdivision or site plan approval, to construct such off-tract improvements, or to contribute its pro rata share of the cost of the construction of such off-tract improvements in accordance with the provisions of this section.
1.
Determinations by Planning Board. The Planning Board shall review all subdivision and site plan applications to determine their impact on the Township's infrastructure. The Board's determination shall include a review of whether the off-tract improvement is a benefit solely to the developer, and/or whether additional parties will receive a benefit as a result of the construction of the off-tract improvement. In making its determination, the Board shall be guided by the rules and regulations specified in this ordinance. The Board may also be guided by recommendations regarding the subject matter from the Board Attorney, Township Engineer, Municipal Officials and other qualified experts. Thereafter, the Planning Board shall, with the assistance of such professionals:
(a)
Determine the Need for off-tract improvements.
(b)
Determine the total cost of the off-tract improvement(s). For the purposes of this section, total cost of improvements may include: all payments to contractors and subcontractors; design and engineering costs; bonding costs; permit, inspection and application fees; property and/or easement acquisition costs; and costs for overhead, project supervision and legal fees. All costs for off-tract improvements shall be verified by the Township in the event that the Township or any other entity shall make any contribution toward the completion of any off-tract improvement.
(c)
Determine the amount, if any, by which all properties to be serviced thereby including the developer's property will be specially benefited therefrom.
(d)
In cases where reasonable and necessary need for the off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Planning Board shall require the developer, as a condition of approval, at the developer's expense, to provide for and construct such improvements as if such were on-tract improvements and shall forward a report of its findings to the Township Committee.
(e)
In cases where the need for any off-tract improvement is necessitated by the proposed development application and where the Planning Board determines that properties outside the development could also be benefited by the improvement, the Planning Board shall forward to the Township Committee a report containing a list and description of all such improvements, together with its request that the Township Committee determine the matters in (2) below and advise the Planning Board of the Township Committee's decision.
2.
Determination by Township Committee. Upon receipt of the recommendations and report of the Planning Board, the Township Committee shall, within 30 days from the receipt thereof, determine and advise the Board whether:
(a)
The recommended off-tract improvement should be undertaken in the manner recommended by the Board or whether the Township Committee is of the opinion that an alternative improvement should be considered by the Board.
(b)
The improvement is to be constructed or installed by the Township as a general improvement or as a local improvement.
(c)
The improvement is to be constructed or installed by the developer under a formula providing for partial reimbursement by the Township or otherwise for benefits to properties other than the development where appropriate.
3.
Amount of Contribution. Once the Township Committee has made the determinations in (2) above, the developer may be required to provide, as a condition for final approval of the development, a combination of performance and maintenance guarantees, cash contributions, developer's agreements and/or other forms of surety permitted by law to insure payment to the Township of one of the following amounts:
(a)
If the improvement is to be constructed by the Township as a local improvement, the developer's proportionate share of the total cost of the improvement.
(b)
If the improvement is to be constructed by the developer, the total cost of the off-tract improvement less an offset for the value of any special benefit to properties other than the developer's.
(c)
If the improvement provides no special benefits to properties other than the property which is the subject of the Planning Board application, the off-tract improvement shall be constructed by the developer in accordance with the Township rules and regulations relating to the construction of on-tract improvements.
4.
Pro Rata Formula for Determining Developer's Share of Off-Tract Improvements. Where an off-tract improvement is required, and it is the determination of the Planning Board and Township Committee that the developer is responsible for only a proportionate share of the costs of such improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements which shall be paid by the developer:
(a)
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements, the developer's proportionate costs shall be determined by the Township as follows:
Future Peak-Hour Traffic Generated by the Development divided by (÷) Future Peak Hour Traffic | x | Total Cost of the Roadway Improvement and/or Extension | = | Developer's Cost |
(b)
Drainage Improvements. For stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith, the developer's proportionate share shall be determined as follows:
Development Cubic Feet Per Second (cfs) divided by (÷) Total Increase in Tributary cfs | x | Total Enlargement of Improvement Cost | = | Developer's Cost |
Developer's cost cannot be less than $0. | ||||
(c)
Sanitary Sewers. For distribution facilities including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the developer's proportionate share shall be computed as follows:
i)
If the existing system does not have adequate capacity for the total developed drainage basin, the pro-rated enlargement of improvement share shall be computed as follows:
Development Gallons Per day ("gpd") divided by (÷) Total Increase in Tributary gpd | x | Total Enlargement of Improvement Cost | = | Developer's Cost |
ii)
If it is necessary to construct a new system in order to develop the subdivision, the prorated enlargement share to the developer shall be computed as follows:
Development Tributary gpd divided by (÷) Total Tributary gpd to a New System | x | Total Project Cost | = | Developer's Cost |
(d)
Water. For water distribution facilities including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the developer's proportionate share shall be computed as follows:
Use of Water (gpd) by the Developer divided by (÷) Total Increase in Use of Water (gpd) of Area Served by the Improvement | x | Total Enlargement or Improvement Cost | = | Developer's Cost |
(e)
Adjustments to formulas. It is recognized that the foregoing formulas may require adjustment because of peculiar or exceptional circumstances or may require the application of alternative criteria in order to arrive at a fair and equitable distribution of cost. For example, in the case of linear improvements, such as streets, water and sewer lines and storm drains, length of property frontage may be a more appropriate determining factor. In such instances, the Board may modify or adjust the formulas.
5.
Cash Contributions, Methods of Payment.
(a)
The estimated developer's cost plus a reasonable inflation cost for the off-tract improvement allocated to the developer, if deposited in cash, shall be paid by the developer to the Township Finance Department with a copy of the developer's transmittal letter forwarded to the Township Committee, the Township Engineer and the Board. Any and all monies received by the Finance Department shall be deposited in a separate interest-bearing account to the credit of the Township, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If such improvements are not initiated by the developer or the Township within a period of 10 years from the date of payment or other mutually agreeable period of time, then the funds so deposited shall be returned to the developer, together with accumulated interest less 10% of accumulated interest for administration costs. If, after diligent inquiry, the Township is unable to locate the developer or its successor in order to return said funds, then the funds so deposited shall be placed in the Township's general capital improvement fund and shall not be returnable to the developer thereafter.
(b)
In the event the payment by the developer to the Township Finance Department provided for herein is less than its share of the actual cost of the off-tract improvements, then it shall be required to pay its additional share of the cost thereof.
6.
Assessment of Properties. The Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-tract improvements, based upon the cost for the project, including administration and finance charges. Any portion of the cost of the improvements not defrayed by a developer may be assessed by the Township against benefiting property owners according to their pro-rata share. Any such assessments for benefits made against the developer or its successors in interest shall be first offset by a pro-rata share credit of the allocated costs previously deposited with the Township Finance Department pertaining thereto. The developer or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds its pro-rata share credit for its deposit, and then only to the extent of the deficiency.
7.
Design Standards. Should the developer and the Township enter into a contract for the construction and installation of the off-tract improvements to be done by the developer, the developer shall observe all requirements and principles of this ordinance and other ordinances in the design of such improvements.
8.
Condition of Approval. The terms set forth herein shall be a condition of either preliminary approval or final approval of a subdivision or site plan. If not imposed as condition of preliminary approval, such off-tract improvements and the apportionment of the cost thereof shall be considered improvements under N.J.S.A. 40:55D-1 et seq., which may be imposed at the time of final approval.
9.
Notice and Appeal. Before apportioning the cost of off-tract improvements to a developer, the Planning Board shall notify and afford the developer an opportunity to be heard thereon at a public meeting. The developer may appeal from the Township Council's decision to the Superior Court within 45 days from the date of the Council's decision.
b.
Omissions. Omissions from the bond of any improvement will in no way be construed as to relieve the developer from his legal obligation to conform to the required improvements as provided in this ordinance.
c.
Certification. Prior to the final acceptance of any of the required improvements by the Township the subdivision owner or owners shall have submitted satisfactory affidavits certifying that no unpaid bills, liabilities or liens against such improvements and installations are outstanding.
§ DRZ-410.11 Agreement Between Developer and the Township - Fees, Charges and Obligations.
[Ord. No. 2467-16]
Within 90 days of the adoption of a Resolution granting a land development approval requiring as a condition, the execution of a Developer Agreement, there shall be executed and delivered to the Township an Agreement between the Developer and the Township incorporating the terms and conditions of approval and provisions including, but not limited to, bonds, performance guarantees, letters of credit, escrow deposits, conveyances to the Township, remediation of environmental conditions including those discovered during development, insurance requirements, time for completion of improvements, and payment of municipal charges, water and sewer connection fees, road opening and other application fees. The Agreement shall be prepared by the Township and shall be executed by the Owner and Developer of the land development project.
§ DRZ-411 Installation of Improvements; Required Guarantees.
[Ord. No. 2500-18]
The following payments, contributions, and requirements shall be applicable to all site plans and subdivisions in addition to other applicable ordinances for any such development as follows:
a.
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to subsection d of section 52 of P.L. 1975, c. 291 (C. 40:55D-65) the Township will require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L. 1999, c. 68 (C. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee in accordance with paragraphs a1 and 2 of this section. In accordance with the Township ordinance requiring a successor developer to furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the Governing Body may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to section 1 of P.L. 1999, c. 68 (C. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee, in accordance with paragraphs a1 and 2 of this section.
1.
(a)
The developer shall furnish a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer, according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4), for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, water mains, sanitary sewers, drainage structures, public improvements of open space, any grading necessitated by the preceding improvements.
The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(b)
The developer shall furnish a performance guarantee to include, within an approved phase or section of a development privately-owned perimeter buffer landscaping, as required by ordinance or imposed as a condition of approval.
At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping.
(c)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee" in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee", all sums remaining under a performance guarantee, required pursuant to subparagraph (a) of this paragraph, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the Township Engineer. At no time will the Township hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Township Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d)
In addition to a performance guarantee required by the Township ordinance, a developer shall furnish to the municipality a separate guarantee, referred to herein as a "safety and stabilization guarantee", in favor of the municipality, to be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(1)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and
(2)
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment under a "safety and stabilization guarantee" until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
The amount of a "safety and stabilization guarantee" for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
The amount of a "safety and stabilization guarantee" for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
• $5,000 for the first $100,000 of bonded improvement costs, plus
• Two and 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus
• One % of bonded improvement costs in excess of $1,000,000.
2.
(a)
The developer shall post with the Township, prior to the release of a performance guarantee required pursuant to subparagraph (a), subparagraph (b), or both subparagraph (a) and subparagraph (b) of paragraph a1 of this section, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
The developer shall post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4).
(c)
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
(d)
The Township shall not require that a maintenance guarantee required pursuant to this ordinance be in cash or that more than 10% of a performance guarantee pursuant to the ordinance be in cash. A developer may, however, provide at his option some or all of the maintenance guarantee in cash, or more than 10% of a performance guarantee in cash. (C. 40:55D-53.3).
§ DRZ-412 Previous Zoning Ordinances repealed.
[Ord. No. 9-87]
Upon adoption of this ordinance, the previously adopted Zoning Ordinance and its amendments are repealed.
§ DRZ-413 Interpretation.
413.1.
The provisions of this ordinance shall be held to be minimum requirements. Where this ordinance establishes minimum and maximum standards, all standards shall be met. Where any provision of this ordinance imposes restrictions different from those imposed by any other provision of this ordinance or any other ordinance, rule, regulation, or other provision of law, whichever provision(s) are more restrictive or impose higher standards shall control.
§ DRZ-414 Planning Board.
[Ord. No. 20-95]
A Planning Board is hereby established consisting of nine members and two alternate members who shall serve for a term pursuant to N.J.S.A. 40:55D-23. The members of the Planning Board holding office on the date of adoption of this ordinance shall continue therein until present terms expire. The Class I and Class II members shall be appointed by the Mayor. The Class III member shall be a member of the Governing Body and appointed by it. The Class IV members shall be appointed by the Mayor. The terms of all Class IV members first appointed under this section shall be determined so that to the greatest practical extent the expiration of such terms shall be distributed evenly over the first four years after their appointment. The term of each Class IV member shall not exceed four years. The Mayor may appoint a Class I designee to serve in the absence of the Mayor and at the pleasure of the Mayor during the Mayor's official tenure.
§ DRZ-415 Site plan approval required.
A site plan approval is required for all developments which do not meet the definition of "Site Plan, Exempt." The procedures for filing an application for site plan approval shall be adopted by the Planning Board and Board of Adjustment. Except for variance applications under N.J.S.A. 40:55D-70d, which shall be acted upon by the Board of Adjustment, the Planning Board shall be the approving authority for site plans.
§ DRZ-416 Subdivision approval required.
Approval is required for all subdivisions by the approving authority following the rules and regulations for preliminary and final plat approval adopted by the Planning Board and Board of Adjustment.
§ DRZ-417 Development Review Committee. [1]
[Added 12-20-2022 by Ord. No. 2627-22; amended 10-1-2024 by Ord. No. 2687-24]
417.1.
Establishment. A Development Review Committee shall be established to review all site plan and major subdivision applications for development or requests for review presented to the Planning Board or the Board of Adjustment.
417.2.
Membership.
a.
The Development Review Committee shall consist of the following members.
1.
The Township Planner; should the Township retain a separate Board Planner for the Land Use Boards, the Board Planner shall also participate as a member. The Township Planner shall serve as the Chair of the Development Review Committee.
2.
The Township Engineer; should the Township retain a separate Board Engineer for the Land Use Boards, the Board Engineer shall also participate as a member.
3.
A representative from the Police Department.
4.
Fire Official.
5.
Zoning Officer.
6.
Construction Code Official.
7.
Environmental Commission Representative.
8.
Any other staff or Board consultants may provide advice as required to the Development Review Committee, as determined by the members of the Development Review Committee. When an application includes a property or properties within the Millburn Township Special Improvement District, a representative from the District Management Corporation may provide advice to the Development Review Committee.
417.3.
Responsibilities.
a.
Make determinations as to compliance with the Township's zoning requirements, development regulations and design standards.
c.
Advise the applicant on any required application referrals to other advisory groups, including the following:
d.
Solicit additional input from any municipal entity deemed appropriate.
417.4.
Review of Applications for Development.
a.
Upon submission of an application, and prior to a completeness determination, an application site plan or major subdivision approval shall be referred to the Development Review Committee for technical review. The applicant shall be advised of the scheduled meeting date and time and may attend, along with its designated professionals. All corporate entities, other than sole proprietors, shall be represented by legal counsel.
b.
The Development Review Committee shall complete their review in accordance with their responsibilities outlined in Section 417.3.
c.
Within 14 days of review of the application by the Development Review Committee, the Township Planner shall prepare a report on behalf of the DRC and transmit said report to the Planning Board or Board of Adjustment, which shall include a summary of the discussion and any findings and/or recommendations discussed with the applicant.
[1]
Editor's Note: Former Section DRZ-417 was designated as a reserved section by Ord. No. 2262-05.
§ DRZ-418 Validity.
If any section, paragraph, clause, or other provision of this ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to such section, paragraph, clause, or provision, and the remainder of this ordinance shall be deemed valid and effective.
§ DRZ-419 Violations and penalties.
[Ord. No. 22-95, 2269-06 § 1]
419.1.
a.
When any building or structure is erected, altered, converted, or maintained, or any building, structure, or land is used in violation of this ordinance or in violation of any condition of a variance or other development approval issued by a Township Agency, the Township or an interested party, in addition to other remedies, may institute appropriate action to prevent such unlawful erection, alteration, conversion, maintenance, or use; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land; and to prevent any illegal act, conduct, business, or use in or about such premises.
b.
Penalty for Violations.
1.
For the violation of any provision of this ordinance, or any other ordinance of the Township of Millburn unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one or more of the following: a fine not exceeding $2,000; imprisonment in the County Jail for a period not exceeding 90 days; or to a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge. (N.J.S.A. 40:49-5).
2.
Prior to imposing a fine in an amount greater than $1,250 upon an owner for violations of the Housing or Zoning Code provisions of these Revised General Ordinances the owner shall be allowed a thirty-day period to cure or abate the condition and shall also be afforded an opportunity for a hearing before a Court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a Court has not determined otherwise or, upon reinspection of the property it is determined that the abatement has not been substantially completed.
3.
Whenever any provision of the New Jersey Statutes Annotated limits the authority of the Township to punish the violation of any particular provision of this ordinance, rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter term than that provided in this section, then the violation of such particular provision of this ordinance, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized or by both such fine or imprisonment.
4.
Whenever any fine is imposed upon any corporation, such fine and any costs and charges incident thereto may be collected in an action of debt or such other manner as may be provided by law.
419.2.
If, before final subdivision approval has been granted, any person as owner or agent transfers or sells, or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required, such persons shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed a separate violation.
419.4.
In any such action, the transferee, purchaser, or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense, and title expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale, or conveyance of said land, or within six years, if unrecorded.
§ DRZ-420 Zoning permits.
[Ord. No. 9-87, 2191-01; amended 5-16-2023 by Ord. No. 2637-23]
A zoning permit, issued by the Zoning Officer, is required prior to the issuance of any building permit or certificate of occupancy covering the use and location of said building. A zoning permit shall also be required prior to any construction, change of use type or alteration or construction of an accessory use, building or structure, or alteration of structures. A zoning permit shall also be required before a change in occupancy or tenancy of a nonresidential building or tenant space.
a.
Required Inspection. Inspection of the subject premises prior to issuance of a zoning permit shall be at the discretion of the Zoning Officer.
b.
Prior to issuing a zoning permit, the Zoning Officer shall ascertain that all conditions and prerequisites of this ordinance have been met.
c.
Zoning permits shall expire one year after the date of issuance if the use or substantial construction has not been commenced.
d.
Building permits for one- and two-family dwellings. In the case of one- and two-family dwellings, the building permit shall serve as the zoning permit and the Zoning Officer must review and approve building permits for compliance with all zoning requirements.
e.
Installation of conforming street graphics pursuant to Section DRZ-609.10.
f.
Zoning Permit Exceptions. The following items shall not be subject to a zoning permit so long as the work in question does not conflict with any terms or conditions related to any specific prior approval granted by the Planning Board or Zoning Board of Adjustment.
1.
Replacement roofing.
2.
Replacement siding.
3.
Replacement windows and doors, where there is no change in glazing area or opening size.
4.
Replacing chimneys and chimney liners, where a new chimney is the same size and material as the original.
5.
Interior oil tank replacement.
6.
Furnace/boiler replacement.
7.
Garage door replacement, same size.
8.
Replacement bathroom fixtures.
9.
Replacement floors/ceilings.
10.
Replacement kitchen cabinets/fixtures/appliances.
11.
Installation of radon mitigation systems (interior systems only).
12.
Installation of commercial carpet for nonresidential uses.
13.
Minor work or ordinary maintenance as defined by the Uniform Construction Code, N.J.A.C. 5:23-1 et seq.
§ DRZ-421 Payment of taxes.
[Ord. No. 29-92]
Every application for development submitted to the Planning Board or Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application.
§ DRZ-422 Expiration of variances.
[Ord. No. 2175-00, 2241-04]
Any approval permitting the construction or alteration of any structure or permitting a specified use of any premises shall expire 365 days after the date of publication of the final decision unless a building permit has been applied for or unless such permitted use has actually been commenced or the Board which granted the approval has extended the time upon the application and for good cause shown, provided that such period of limitation shall be toiled as provided in N.J.S.A. 40:55D-21 or in the event of an appeal of the variance until the final determination of the appeal.
§ DRZ-423 Withholding of demolition permit.
[Ord. No. 2435-14]
The Township Construction Official shall not issue a demolition permit for the principal building on a lot until:
b.
A zoning permit for any proposed new construction or use is issued under Section 420 of this ordinance; and
[Ord. No. 2191-01]
c.
Existing topographic information has been submitted identifying all steep slope areas as defined in Section 608. Topographic information shall be plotted at two-foot contour intervals and may only be supplied by a licensed land surveyor registered in the State of New Jersey.
§ DRZ-424 Notice.
[Ord. No. 2333-09]
Notice shall be given in the manner provided in N.J.S.A. 40:55D-12 for all applications requiring site plan approval and minor subdivisions as well as all others requiring notice pursuant to the Municipal Land Use Law and shall also be required for appeals from determinations of administrative officers pursuant to N.J.S.A. 40:55D-70(a), requests to the Zoning Board of Adjustment for interpretation of the zoning map or ordinance pursuant to N.J.S.A. 40:55D-70(b) and applications to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-68 for the issuance of a certificate certifying that a use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming.
§ DRZ-425 Checklists.
[Ord. No. 2467-16]
The following checklists are hereby adopted for inclusion in the Township of Millburn Development Regulations and Zoning Ordinance and shall appear in the attachments to this chapter:
The Checklists are included as attachments to this chapter.
§ DRZ-425.1 Checklist A - Application for Development Checklist.
[Ord. No. 2467-16; 7-16-2024 by Ord. No. 2678-24]
See Schedule F is included as an attachment to this chapter.
§ DRZ-425.2 (Reserved)
[Former § DRZ-425.2, Checklist B -Zoning Board Checklist, was repealed 7-16-2024 by Ord. No. 2678-24. Prior history includes Ord. No. 2467-16.]
§ DRZ-425.3 Checklist C - Historic Preservation Checklist.
[Ord. No. 2467-16]
See Schedule H is included as an attachment to this chapter.