The Zoning Map of the Township shall be revised to place Block 2504, Lot 9 and Block 2702, Lots 15, 16 and 17 in the Conservation-Educational/Cultural CE Zone.]

Block 1904, Lots 72, 73, 74 and 75, on the Official Tax Map of the Township of Millburn shall be removed from the B-3 Zone and shall then be incorporated into the RMF-AH Zone.

Block 1211, Lot 1 and Lot 7 on the Official Tax Map of the Township of Millburn shall be removed from the B-4 Zone and shall then be incorporated into the RMF-AH2 Zone.

The following property be and is hereby designated as a historic landmark in accordance with the Millburn Code Section 804.3 et seq., and the official Township Zoning Map is hereby amended to reflect said historic designation: 358 White Oak Ridge Road (Parsil Family Cemetery), Block 4903, Lot 31.

The following property be and is hereby designated as a historic landmark in accordance with the Millburn Code Section 804.3 et seq., and the official Township Zoning Map is hereby amended to reflect said historic designation: 363 White Oak Ridge Road (Parsil House), Block 4901, Lot 3.

The following property be and is hereby designated as a historic landmark in accordance with the Millburn Code Section 804.3 et seq., and the official Township Zoning Map is hereby amended to reflect said historic designation: 155 Millburn Avenue (Hessian House), Block 401, Lot 5.

The Zoning Map is hereby amended such that a portion of Block 5302, Lot 5 consisting of not less than five nor more than eight acres on the Official Tax Map of the Map of the Township of Millburn to include an overlay zone permitting an inclusionary multifamily development as detailed in this ordinance. The existing zoning shall remain in place.

The Zoning Map is hereby amended such that Block 705, Lot 2 (“property”) on the Official Tax Map of the Map of the Township of Millburn to include an inclusionary multifamily zone district.

The B-2 Zone is hereby eliminated as a zoning district from the Development Regulations and Zoning Ordinance and the Official Zoning Map of the Township of Millburn, dated August 2020 and supplemented December 2020.

The B-2A Zone is hereby established as a zoning district in the Development Regulations and Zoning Ordinance and the Official Zoning Map of the Township of Millburn, governing development and land use of the following tax parcels: Block 2002; Lot 22 (portion presently within B-2 Zone), Lots 23-25, and Lot 26 (portion presently within B-2 Zone); Block 1904, Lots 1, 104, and 105 (portion presently within B-2 Zone).

The B-2B Zone is hereby established as a zoning district in the Development Regulations and Zoning Ordinance and the Official Zoning Map of the Township of Millburn, governing development and land use of the following tax parcels: Block 1801, Lots 1-3, and Block 1904, Lots 17-20.

The B-2C Zone is hereby established as a zoning district in the Development Regulations and Zoning Ordinance and the Official Zoning Map of the Township of Millburn, governing development and land use of the following tax parcels: Block 705, Lots 2-4 and 6 (portion presently within B-2 Zone) and Block 305, Lots 1-3, Lot 4 (portion presently within B-2 Zone), and Lot 6.

Utility facilities related to the protection, preservation, or distribution of regional water supplies.

Park and recreation uses in areas meeting the definition of "open-space" as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-5.

Setback from all property lines - minimum: 100 feet.

Setback from nearest residence - minimum: 200 feet.

Maximum structure height: 32 feet.

Private garages, sheds, swimming pools, platform tennis courts, tennis courts, and greenhouses for private purposes, and other uses customarily associated with single family dwellings provided such accessory uses are subordinate to the principal use, and serve only the principal use.

Portable storage containers. The use of portable storage containers will be allowed on a temporary basis subject to the following conditions:

Short-term rentals as defined herein and as regulated by Section 4-42 of the Revised General Ordinances of the Township of Millburn.

Houses of worship, subject to the following standards:

Public and private schools, subject to the following standards:

Radio antennas in accordance with the provisions of section 606.2e3.

Single-family dwellings.

Two-family dwellings.

Single-family dwellings.

Two-family dwellings.

Attached dwellings.

Apartments.

Single-family dwellings. Same as the R-6 District.

Two-family dwellings. Same as the R-7 District.

Attached dwellings.

Apartments.

Accessory Uses:

Residential apartments, with optional associated amenities and services, including, but not limited to, fitness center, screening room, business center, balconies and terraces for individual units, and other uses customarily associated with multifamily dwellings, provided such accessory uses are subordinate to the principal use and serve only the principal use.

Medical offices, as expressly provided herein, but not including twenty-four-hour urgent care or emergency care services.

Off-street structured parking within the building (i.e., at grade and below grade). Surface parking that serves existing medical office space shall be permitted only if the required development components are constructed in phases as expressly provided herein; however no such surface parking shall be permitted upon completion of all required development components.

Any other use which is subordinate and customarily incidental to one or more of the permitted principal uses, including, but not limited to, leasing/sales/management offices associated with residential apartments, maintenance areas, and trash collection/recycling areas.

The total number of multifamily residential units shall not exceed 62.

The total gross floor area of medical office use shall not exceed 10,000 square feet.

Location. In order to break down the mass and scale of the building and provide an attractive amenity for building residents as well as the general public, a courtyard or plaza is required along Woodland Road. The courtyard/plaza shall be centrally located and shall be at the same grade as the lowest level of residential apartments immediately to the south along Woodland Road.

Dimensions. The courtyard/plaza shall comprise at least 6,000 square feet. It shall have a minimum width, measured parallel to Woodland Road, of 60 feet; and a minimum depth, measured perpendicular to the building facade along Woodland Road, of 80 feet at all points.

Connection to public sidewalks. A portion of the courtyard/plaza shall form a level connection to the sidewalk on Woodland Road. Where the remainder of the plaza is below the grade of the adjoining public sidewalk, a generously proportioned set of steps shall be provided to step down from the sidewalk into the plaza, so that the plaza may be entered from any portion of the adjoining sidewalk. The stairs shall be designed in a manner similar to shallow, wide, amphitheater seating, rather than steep and narrow.

Active uses along perimeter. The courtyard/plaza shall have active building uses on at least two sides and for at least 2/3 of its perimeter, including residential apartment units on the south side and residential amenity space(s) such as fitness rooms or multipurpose rooms on the north side. Active uses for residential amenity space shall have a high proportion of window glazing overlooking the courtyard. These active uses shall be located at the same finished grade as the courtyard.

Along Chatham Road and along Woodland Road north of the courtyard/plaza, the following shall be required:

Along Woodland Road south of the courtyard/plaza, the following shall be required:

Application shall be made for preliminary site plan approval for the entire tract. Application for final site plan approval may be made separately for a portion of the tract or simultaneously with the application for preliminary site plan approval.

Nothing contained herein shall preclude the phased construction of the required development components as set forth in Subsection g1 (Phase 1) and Subsection g2 (Phase 2) above.

Any deviations from the design requirements set forth in Section 606.4j through k shall be considered as exceptions from the requirements for site plan approval in accordance with N.J.S.A. 40:55D-51.

The minimum tract area shall be 1.5 acres.

Required minimum building setbacks shall be as follows:

Building height. Building height shall be measured with respect to the adjoining finished grade at each point around the building perimeter and shall not exceed the permitted height at each specified location. Height shall be measured to the deck level of the roof. For purposes of measuring height, stairways, elevators, bulkheads and similar rooftop mechanical appurtenances located above the deck level of the roof shall be excluded from the building height calculation; provided, however, that no such rooftop appurtenance shall exceed the deck level of the roof by more than 12 feet.

Required building stepbacks along Woodland Road.

Vehicular entry points. Two vehicular garage entries are permitted from Chatham Road into the building. Both entry driveways shall be located at the western end of the building, away from the corner of Woodland Road. One vehicular garage entry from Woodland Road is permitted, south of the required courtyard/plaza.

Sidewalks. Sidewalks shall be provided along Chatham and Woodland Roads.

Parking requirements. The required parking shall be as follows:

Parking garage. Each of the three permitted parking garage entries shall not exceed 25 feet in width as measured at the garage door opening.

Vertical articulation: bays.

Horizontal articulation: base, middle, top.

Transparency. The window and door openings on each floor shall together occupy between 25% and 50% of the facade area. Doors and windows facing onto the courtyard/plaza shall have the same design and level of detail as those on the street-facing facades.

Materials. Primary permitted facade materials are brick, cultivated stone or other masonry facing, fiber-cement siding, and metal. Stucco is discouraged. EIFS is prohibited. The ground floor of buildings should be brick or heavier-weight stone or masonry. White fiber-cement clapboard or paneling shall be used as an accent material, particularly on upper floors. Slate or simulated slate shingles or standing-seam metal roofing should be used on mansard roof portions. Rubber roofs are permitted for flat roofs. No more than three different materials should be employed as primary materials on each bay's 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, not just street-facing facades. Materials should be extended around corners and extensions to a logical break in plane, in order to avoid a "pasted on" appearance.

Service areas.

Parking garage entry design and screening.

Courtyard design and landscaping. The required courtyard/plaza along Woodland Road shall be surfaced with a mix of decorative hardscape paving and landscaped vegetated areas. Lush landscaping with a mix of low plantings, turf lawn areas, and shade trees is required. Seating areas in sun and shade shall be provided, with a mix of fixed benches and movable chairs and tables. Trash receptacles shall be provided. Water features and shade structures are encouraged.

Landscaping along street-facing frontages. Along all street frontages, the required front setback area shall include in-ground or raised planter beds, landscaped with a variety of grasses, flowers, low bushes, and small ornamental trees, having a mix of deciduous and evergreen plantings for year-round visual interest. The planting bed shall be a minimum of three feet wide, measured horizontally and perpendicular to the building facade, and shall include drip irrigation. Low planters incorporating a seating wall are encouraged. Street trees shall be provided within the public sidewalk right-of-way, spaced at regular intervals of not more than 50 feet on center, in generously dimensioned tree pits. A grass or landscaped planting strip, designed to permit stormwater infiltration, is encouraged as part of the tree planting area in the public sidewalk.

Parking garage planter bed landscaping. Vegetation for the required raised planter bed along the exposed garage frontage south of the courtyard/plaza should be planted so as not to obstruct garage window openings.

Medical office facade sign. One facade sign is permitted for the medical office use along the Chatham Road frontage.

Residential facade sign. One facade sign identifying the name of the residential apartment building is permitted along the Woodland Road frontage.

Facade sign placement, size, and design. Facade signs should not obscure architectural features of the building. They should be located within the first-floor facade and not extend into the facade of upper floors. The area of each permitted facade sign shall not exceed 30 square feet. Recommended facade signage types include letters painted on or affixed to a signage board; channel-cut, pin-mounted individual letters; and box signs with light-colored lettering against a dark, opaque background. Dimensional signs (such as carved relief or individually pin-mounted lettering) are encouraged.

Signage lighting. All facade signs shall be externally lit by wall-mounted, focused, directional lights such as goose-neck lights or sconces. The lighting source should be shielded and the bulb exposure limited to that sufficient to illuminate the sign content.

Directional and wayfinding signs.

Residential apartments; with optional associated amenities and services, including but not limited to fitness center, screening room, business center, balconies and terraces for individual units, and other uses customarily associated with multi-family dwellings, provided such accessory uses are subordinate to the principal use and serve only the principal use. Notwithstanding the above, no residential apartments shall occupy the ground floor along the building's Millburn Avenue frontage.

A minimum of 3,000 square feet of the ground floor space along the building's Millburn Avenue frontage shall be devoted to any B-4 district permitted principal or conditional use, i.e., other than residential.

Off-street structured parking within the building.

Any other use which is subordinate and customarily incidental to the principal permitted use, including but not limited to leasing/sales/management offices associated with residential apartments, maintenance areas, and trash collection/recycling areas.

The total number of residential multi-family units shall not exceed 53.

Market-rate units shall be limited to one- and two-bedroom apartments.

The minimum tract area shall be 1.5 acres.

Setbacks From Street Lines.

Setbacks From Internal Lot Lines. Required minimum building setbacks from internal lot lines shall be as follows:

Building height. Maximum permitted building height shall not exceed 40 feet. In addition, maximum building height shall not exceed three stories at the lowest-elevation finished grade along Millburn Avenue and shall not exceed two stories at the highest-elevation finished grade along Essex Street. A flat roof is required.

If developed as rental apartments, a total of eight (8) units shall be maintained as affordable units in compliance with applicable New Jersey Council on Affordable Housing (COAH) rules and regulations and Uniform Housing and Affordability Controls (UHAC). Such affordable units shall include at least two three-bedroom units and no more than two one-bedroom units. Four of the affordable units shall be set aside for low-income households, and four shall be set aside for moderate-income households, as defined by COAH and/or UHAC. In addition, one of the four affordable units set aside for low-income households shall be made available to very-low-income households, as defined by COAH and/or UHAC.

If developed as for-sale apartments, a total of 11 units shall be maintained as affordable units in compliance with applicable New Jersey Council on Affordable Housing (COAH) rules and regulations and Uniform Housing and Affordability Controls (UHAC). Such affordable units shall include at least three three-bedroom units and no more than three one-bedroom units. Six of the affordable units shall be set aside for low-income households, and five shall be set aside for moderate-income households, as defined by COAH and UHAC. In addition, two of the six affordable units set aside for low-income households shall be made available to very-low-income households, as defined by COAH and/or UHAC. The affordable units shall be integrated with market rate units throughout the development.

Vehicular entry. One combined vehicular entrance for ingress to and egress from structured parking is permitted along the Millburn Avenue frontage. Said entrance shall be located a minimum of 100 feet from the intersection of Millburn Avenue and Douglas Street. The driveway and garage door each shall not exceed 24 feet in width. A second entrance to structured parking is permitted along the Spring Street frontage.

Sidewalks. Sidewalks shall be provided along all adjoining public streets.

Parking requirements. Residential parking shall be compliant with RSIS, except that the Planning Board may consider a de minimis exception from RSIS in recognition of the zone's proximity to the Millburn train station. However, in no event shall the residential parking ratio be less than 1.75 spaces per unit. A minimum of three parking spaces shall be provided for the nonresidential space along the building's Millburn Avenue frontage.

Location and screening of parking. Parking shall be provided only as structured parking within the first level of the building. Tuck-under structured parking with open sidewalls is prohibited along all public frontages.

Pedestrian entries, stoops and porches. Pedestrian building entries should be clearly visible and highlighted within the front facade through projections, recessions, material changes, canopies, overhangs, porches, stoops, and/or lighting. Specific requirements for entry location and configuration shall include the following:

Ground floor commercial along Millburn Avenue. A segment of the building frontage along Milburn Avenue shall include ground level commercial space for one or more tenants comprising a total of at least 3,000 square feet of gross floor area. The retail commercial space should be at least 35 feet deep and shall maximize the interior ceiling height to the extent practical. All entries to the commercial space shall connect directly to the Millburn Avenue sidewalk, rather than an internal mall-style entry.

Articulation. All building facades facing public streets should have articulated massing so as to create a smaller, human-scale, traditional form that complements the character of downtown Millburn and harmonizes with the adjacent residential neighborhood.

Transparency

Materials.

Open space and landscaping.

Mechanical rooms. Where possible, mechanical, storage, and other utilitarian rooms should be located at the interior or below-grade portions of the building. Where they must be located along an exterior, street-facing or courtyard-facing wall of the building, they should maintain the overall pattern, proportion, and design of windows in adjacent and upper facades.

Rooftop mechanical equipment. All major mechanical equipment located on the roof should be screened from view of all street-level sidewalk vantage points along Millburn Avenue and Douglas and Essex Streets, using a material harmonious to the building's facade design.

Trash and refuse. Building trash and recycling collection areas should be fully contained within the garage.

Number and placement of residential facade signs. A total of two facade signs identifying the name of the residential apartment building are permitted, one along Millburn Avenue and one along Essex Street. Facade signs should be placed in the sign band or entablature that extends in a consistent zone across the first-level facade above windows and doors; or be mounted as individual channel-cut letters at the front edge of an entrance canopy. Facade signs should not obscure architectural features of the building.

Residential facade sign area and types. The area of each permitted residential facade sign shall not exceed 30 square feet. Recommended facade signage types include designs painted on or otherwise affixed to a signage board; dimensional lettering; channel-cut letters; and box signs with light-colored lettering against a dark, opaque background. Dimensional signs (such as carved relief, individually pin-mounted lettering or channel-cut letters) are encouraged.

Residential signage lighting.

Signage for ground floor commercial space along Millburn Avenue shall comply with the requirement for the B-4 district as set forth in Section 609.10 of the Township of Millburn Development Regulations and Zoning Ordinance.

Residential apartments; with optional associated amenities and services, including but not limited to clubhouse, fitness center, screening room, dog play area, business center, balconies and terraces for individual units, and other uses customarily associated with multi-family dwellings, provided such accessory uses are subordinate to the principal use and serve only the principal use. Rooftop decks and amenities are prohibited as a principal use.

Off-street structured parking within the building (i.e., at grade and below grade) and surface parking that serve the residential use.

Any other use which is subordinate and customarily incidental to the permitted principal use, including but not limited to leasing/sales/management offices associated with residential apartments, maintenance areas, and trash collection/recycling areas.

Sustainable building and site design features, such as but not limited to roof-mounted solar energy generating facilities, green roof, electric vehicle charging stations.

Rooftop decks and amenities are prohibited as accessory uses.

The total number of multi-family residential units permitted in the overlay zone shall be not more than 195 total units, of which 20% shall be set aside for low- and moderate-income households.

Of the 156 market units, no more than 48 units may be two-bedroom with a den, no more than 48 units may be two-bedrooms without a den, at least 28 units shall be one-bedrooms with a den, and at least 32 units shall be one-bedroom units. For purposes of this section, a "den" shall be defined as a room with a door, but no closet, no direct access to a bathroom, and is not to be used as a bedroom. A den may or may not include a window. Any reduction in total units shall have a proportionate adjustment of the bedroom distribution of the market units.

A total of 20% of the units shall be maintained as affordable units in compliance with applicable New Jersey Council on Affordable Housing (COAH) rules and regulations and Uniform Housing and Affordability Controls (UHAC), as well as the Township's third round housing element and fair share plan and affordable housing regulations. Assuming that 195 apartment units are constructed, such affordable units shall include eight three-bedroom units; 24 two-bedroom units; and seven one-bedroom units as set forth in the applicable UHAC provisions. Any reduction in total units shall have a proportionate adjustment of the number of affordable units and the bedroom distribution of the affordable units. Half of the affordable units shall be set aside for low-income households, and the other half shall be set aside for moderate-income households, as defined by COAH and/or UHAC. In addition, 13% of the affordable units, including 13% of the units in each bedroom configuration, shall be made available to very-low-income households, as defined by COAH and/or UHAC. The affordable units shall be integrated with market rate units throughout the development.

Application shall be made for preliminary site plan and subdivision approval for the entire portion of Block 5302, Lot five subject to RMF-AH3 zoning (the "tract"). Application for final site plan and/or subdivision approval may be made separately for a portion of the tract or simultaneously with the application for preliminary site plan approval, in the sole discretion of the developer.

Nothing contained herein shall preclude the phased construction of the required development components, provided that the construction of the affordable housing units shall follow the schedule set forth in N.J.A.C. 5:93-5.6(d).

Nothing herein shall prevent the request of reasonable waivers, deviations, and "c variances" from the Township Code during preliminary or final site plan approval.

The minimum tract area shall be five acres.

Required minimum building setbacks shall be as follows:

The maximum lot coverage shall be 90%.

The maximum building coverage shall be 90%.

Building Height.

Nothing herein shall prohibit or preclude access through existing or modified drive aisles of neighboring properties, provided appropriate cross easements are entered into by and among the involved property owners.

Vehicular Entry Points. One vehicular entry for residents and visitors is permitted from JFK Parkway. Up to two entries for the purpose of deliveries and resident move in/out are permitted from JFK Parkway, provided each entry is not less than 100 feet from the resident and visitor vehicular entry. This shall not include any permitted easement access from neighboring property owners subject to county approval.

Parking Requirements. The required parking shall be not less than 1.7 parking spaces per unit. Banked parking is encouraged where feasible as determined by the Planning Board.

Structured parking stall dimensions shall be a minimum of 8.5 feet wide and 18 feet deep.

Surface parking spaces shall not be located between the building and JFK Parkway, with the exception of vehicle parking (not loading) located in and around an entrance courtyard. All parking areas shall be adequately screened with plantings from JFK.

Loading. Loading for resident move in/out shall be provided on the site and not be located between the building and JFK Parkway. One loading space per 100 units shall be provided. Adequate screening of the loading areas with plantings shall be provided.

Electric vehicle supply/service equipment and make-ready parking spaces shall be provided consistent with P.L. 2021, c.171.

As viewed from JFK Parkway, the building shall include a stone or masonry base, brick facades with white accents, flat roof, a division into bays, and architectural detailing at the roofline.

A significant break in the facade of the building(s) along JFK Parkway, of not less than 50 feet deep, shall occur such that there is a distance of not less than 60 feet between portions of the building and no more than 125 units shall be on either side of the break.

Residential amenity space may be located on any floor of the building(s) but shall not be permitted on the roof (indoor and outdoor).

Vertical articulation: Bays.

Horizontal articulation: the building shall be divided into a base, middle, and roofline.

Materials.

Parking Structure.

Service Areas.

The site's frontage along JFK Parkway shall be landscaped with a variety of grasses, flowers, low bushes, ornamental trees, and shade trees, having a mix of deciduous and evergreen plantings for year-round visual interest. The planting bed shall be a minimum of 10 feet wide, measured horizontally and perpendicular to the building facade, and shall include drip irrigation.

Street trees shall be spaced at regular intervals along JFK Parkway of not more than 50 feet on center.

Wall Graphics. One wall graphic shall be permitted on each residential apartment building.

Wall graphic placement, size, and design. Facade signs shall not obscure architectural features of the building. The area of the permitted facade sign shall not exceed 60 square feet or 10% of the facade area, whichever is less. Recommended facade signage types include letters painted on or affixed to a signage board; channel-cut, pin-mounted individual letters; and box signs with light-colored lettering against a dark, opaque background. Dimensional signs (such as carved relief or individually-pin-mounted lettering) are encouraged.

Lighting. All wall graphics shall be either externally lit by wall-mounted, focused, directional lights such as goose neck lights or sconces with the lighting source shielded and the bulb exposure limited to that sufficient to illuminate the sign content or internally illuminated channel letters.

Directional and Wayfinding Graphics.

Ground Graphic. One externally illuminated monument sign along JFK Parkway shall be permitted. Such monument sign shall not exceed 40 square feet and shall not be taller than six feet from its base. The base area shall be well landscaped.

Residential apartments; with optional associated amenities and services, including but not limited to clubhouse, interior courtyards, fitness center, screening room, business center, and other uses customarily associated with multi-family dwellings, provided such accessory uses are subordinate to the principal use and serve only the principal use. Rooftop decks and rooftop amenities are prohibited.

Off-street structured parking within the building (i.e., at grade and below grade) and surface parking that serve the residential use.

Any other use which is subordinate and customarily incidental to the permitted principal use, including but not limited to leasing/sales/management offices associated with residential apartments, maintenance areas, and trash collection/recycling areas.

Sustainable building and site design features, such as but not limited to roof-mounted solar energy generating facilities, green roof, electric vehicle charging stations.

Rooftop decks and rooftop amenities are prohibited as accessory uses.

The total number of multi-family residential units permitted in the district shall be 150, of which 20% shall be set aside for low- and moderate-income households.

Not more than 54% of the market rate units shall be two-bedroom units; the remaining market rate units shall be one-bedroom units or studio units.

A total of 20% of the units shall be maintained as affordable units in compliance with applicable New Jersey Council on Affordable Housing (COAH) rules and regulations and Uniform Housing and Affordability Controls (UHAC), as well as the Township's housing element and fair share plan and affordable housing regulations. Half of the affordable units shall be set aside for low-income households, and the other half shall be set aside for moderate income households, as defined by COAH and/or UHAC. In addition, 13% of the affordable units, including 13% of the units in each bedroom configuration, shall be made available to very-low-income households, as defined by COAH and/or UHAC. The affordable units shall be integrated with market rate units throughout the development.

Development of the site, as depicted in any site plan for preliminary or final site plan approval, shall be similar to the Concept Plan for Block 705, Lot 2 included in the Township's August 19, 2021 Settlement Agreement with Fair Share Housing Center, with the exception of necessary adjustments to account for site engineering and architecture consistent with this ordinance.

Nothing herein shall prevent the request of reasonable waivers, deviations, and variances (excepting use variances) from the Township Code during preliminary or final site plan approval.

The minimum tract area shall be two acres.

The required minimum building setback to Millburn Avenue shall be 10 feet. For the purposes of this ordinance, the Millburn Avenue right-of-way shall be defined as extending a distance of 250 feet from the easternmost property line.

The required minimum building setback to Essex Street shall be 10 feet, provided, however that 170 feet of building shall have a minimum permitted setback of not less than five feet from the contiguous property line and 70 feet of building shall have a minimum permitted setback of not less than two feet from the contiguous property line. For the purposes of this ordinance, the Essex Street right-of-way shall be defined as beginning at the curve onto Essex Street, a distance of 250 feet from the easternmost property line.

The required minimum building setback to the eastern property line shall be 10 feet, provided, however that 105 feet of building shall have a minimum permitted setback of not less than three feet to the eastern property line.

The required minimum building setback to railway line shall be one foot.

The maximum building height shall be four stories and 48 feet. Building height shall be measured from eight inches below finished floor to the deck level of the roof above. For purposes of measuring height, stairways, architectural features (including parapet walls), elevators bulkheads and similar rooftop mechanical appurtenances located above the deck level of the roof shall be excluded from the building height calculation, provided, however, that no such rooftop appurtenance shall exceed the deck level of the roof by more than 12 feet. At no point shall the distance between finished floor and adjacent grade exceed five feet.

The maximum lot coverage shall be 90%.

The maximum building coverage shall be 90%.

Nothing herein shall prohibit or preclude access through existing or modified drive aisles of neighboring properties, provided appropriate easements are entered into by and among the involved property owners.

Vehicular Entry Points. Vehicle access shall only be provided from Essex Street.

Parking Requirements. The required parking shall be not less than 1.3 spaces per unit.

Structured parking stall dimensions shall be a minimum of 8.5 feet wide and 18 feet deep.

Surface parking spaces shall not be located between a building and a public street.

Loading. All loading for resident move in/out and deliveries shall be provided on the site and shall be screened from view using plantings and/or a wall to the extent practicable. One loading space shall be provided, one of which shall have a dimension of not less than 10 feet by 35 feet.

Electric vehicle supply/service equipment and make-ready parking spaces shall be provided consistent with P.L. 2021, c. 171.

As viewed from a public street or residentially zoned lands, the building shall include a stone or masonry base, brick facades with accents, flat roof, a division into bays, and architectural detailing at the roofline.

Roof top amenity space is prohibited. The building roof may only be utilized for mechanical equipment and solar energy generating facilities.

Vertical Articulation.

Horizontal articulation: the building shall be divided into a base, middle, and roofline.

Materials.

Parking Structure.

Service Areas.

All portions of the building along the public street shall have a planted edge treatment consisting of a variety of grasses, flowers, low bushes, ornamental trees and/or shade trees, having a mix of deciduous and evergreen plantings for year-round visual interest. The planting bed shall be a minimum of two feet wide, measured horizontally and perpendicular to the building facade, and shall include drip irrigation.

Street trees shall be spaced at regular intervals of not more than 50 feet on center.

Wall graphics. One wall graphic per street frontage shall be permitted.

Facade Sign Placement, Size, and Design. Facade signs shall not obscure architectural features of the building. The area of the permitted facade sign shall not exceed 30 square feet or 10% of the facade area, whichever is less. Recommended facade signage types include letters painted on or affixed to a signage board; channel-cut, pin-mounted individual letters; and box signs with light-colored lettering against a dark, opaque background. Dimensional signs (such as carved relief or individually-pin-mounted lettering) are encouraged.

Signage Lighting. All facade signs shall be either externally lit by wall-mounted, focused, directional lights such as goose neck lights or sconces with the lighting source shielded and the bulb exposure limited to that sufficient to illuminate the sign content or internally illuminated channel letters.

Directional and Wayfinding Signs.

Ground graphics (monument or freestanding signs) are prohibited.

Apartments.

Parking and loading areas.

Sustainable building and site design features, such as but not limited to roof-mounted solar energy generating facilities, green roof, electric vehicle supply equipment, and stormwater retention systems.

Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.

Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited building occupants and management.

Minimum tract area: 100 acres.

Minimum front setback: 10% lot depth.

Minimum side setback: 10% lot width.

Minimum rear setback: 20% of lot depth.

Minimum distance between principal buildings: 40 feet.

Maximum building coverage: 30%.

Maximum lot coverage: 60%.

Maximum building height: 40 feet/three stories.

No parking between the street line and the building.

Accessory Structures.

Maximum development yield for multifamily housing development shall not exceed a density of eight dwelling units per acre.

Each apartment building shall not exceed 50,000 square feet of floor area.

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), which shall control in the case of any conflicts with this ordinance, 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. 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 building(s) or in separate area(s) or floor(s) 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.

No more than 50% of units may be age-restricted as to both market-rate and affordable housing units.

Private outdoor residential amenity space shall be provided at a rate of 100 square feet per unit.

No basement apartment dwelling units shall be permitted.

Dwelling units shall not be utilized for short term rentals pursuant to Section 606.2c3.

Retail sales.

Offices and financial institutions.

Restaurants.

Fast food restaurants.

Retail food establishments.

Eating and drinking places.

Minimum lot area: 15 acres.

Minimum side and rear setbacks: one feet for every foot in building height.

Minimum front setback: 100 feet from Morris and Essex Turnpike and John F. Kennedy Parkway; two feet for every foot in building height for all other frontages.

Maximum building coverage: 50%.

Maximum gross leasable area (GLA): 1,400,000 square feet.

Maximum lot coverage: 90%.

Maximum building height: 60 feet.

No surface parking area shall be closer than five feet to a street line.

Structured parking shall be permitted, however, each portion of the parking structure shall be set back from the property line 2.0 feet for every one foot in height by which the elevation of that portion is located above the elevation at such property line.

Permanent vendor displays consisting of fixed, unmovable installations used for the sale of goods or services, including specialty foods and beverages, and attended to by an on-site sales person(s), shall be permitted within the common area of a regional shopping facility provided, however, that any equipment proposed to be used for cooking or warming of food in ovens other than a microwave shall be in compliance with applicable health and safety codes and shall be subject to the approval of the Township's Construction Official.

The total number of permanent vendor displays shall not exceed five and no individual permanent vendor display shall exceed 300 square feet in area.

Permanent vendor display installations shall be located adjacent to escalator stairs, ramps or other locations that shall not impede or restrict safe pedestrian passage through the common area of a regional shopping facility. The installation of any permanent vendor display shall require a subcode UCC permit as well as any other permit required to comply with applicable health and safety codes and shall be subject to the approval of the Township's Construction Official.

Temporary and/or non-permanent vendor displays consisting of non-fixed, movable installations used for the sale of goods and services, including freestanding kiosks, carts or retail mobile units with or without wheels, and attended to by an on-site sales person(s), shall be prohibited.

Planning Board approval shall not be required in connection with the installation of any permanent vendor display provided it is in compliance with all of the standards established herein.

Outdoor display of for sale merchandise shall be restricted to a patio area connected to a home furnishing establishment having a minimum of 30,000 square feet of gross leasable area (GLA).

No storage of merchandise or inventory shall be permitted within the outdoor display patio and only merchandise intended for outdoor use shall be displayed. The display of merchandise within the outdoor patio area during non-operating hours when the home furnishing establishment is closed for business shall not be deemed as storage.

The outdoor display patio shall be limited to no more than 700 square feet in size.

Access to the outdoor display patio shall be from the interior of the home furnishing establishment only.

The outdoor display patio shall not interfere with pedestrian or vehicular access to or from a regional shopping facility and shall not be located adjacent to any building entrance that is directly accessed from a parking structure.

Planning Board approval shall not be required in connection with any outdoor display patio provided it is in compliance with all of the standards established herein.

Retail sales and retail services.

Offices, including co-working or shared work space, and financial institutions.

Medical offices.

Health and fitness facilities.

Showrooms.

Pet care and grooming.

Indoor commercial recreation.

Educational play centers.

Instructional schools and studios.

Art studios and galleries.

Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

Multifamily housing developments.

Any combination of the permitted principal uses.

Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.

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.

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.

Any other use which is subordinate and customarily incidental to a nonresidential use.

All refuse shall be stored either within the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside of the building shall be enclosed in durable containers with a latching or locking mechanism.

Development shall comply with the buffer requirements established under Section 609.3 herein.

Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507, and shall be designed to capture and confine cooking vapors and residues through a filtering device.

Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage onto adjacent residential properties.

The customer entrance shall be from the front of the building (i.e., facing the street).

No outdoor seating shall be permitted in the rear of the building.

Minimums.

Maximums.

Parking shall not be permitted in any front yard, and parking sited within a podium shall be screened from the public right-of-way by a building liner. Such building liner shall be a minimum of 30 feet in depth.

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.

Retail sales and retail services.

Offices, including co-working or shared work space, and financial institutions.

Medical offices.

Health and fitness facilities.

Showrooms.

Pet care and grooming.

Indoor commercial recreation.

Educational play centers.

Instructional schools and studios.

Art studios and galleries.

Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

Multifamily housing developments.

Any combination of the permitted principal uses.

Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

Indoor and outdoor residential amenity space.

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.

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.

Any other use which is subordinate and customarily incidental to a nonresidential use.

All refuse shall be stored either within the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside of the building shall be enclosed in durable containers with a latching or locking mechanism.

Development shall comply with the buffer requirements established under Section 609.3 herein.

Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507, and shall be designed to capture and confine cooking vapors and residues through a filtering device.

Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage onto adjacent residential properties.

The customer entrance shall be from the front of the building (i.e., facing the street).

No outdoor seating shall be permitted in the rear of the building.

Minimums.

Maximums.

Parking shall not be permitted in any front yard, and parking sited within a podium shall be screened from the public right-of-way by a building liner. Such building liner shall be a minimum of 30 feet in depth.

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.[1] 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.

Retail sales and retail services.

Offices, including co-working or shared work space, and financial institutions.

Medical offices.

Health and fitness facilities.

Showrooms.

Pet care and grooming.

Indoor commercial recreation.

Educational play centers.

Instructional schools and studios.

Art studios and galleries.

Restaurants, fast-food restaurants, retail food establishments, brewpubs and eating and drinking places, provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

Multifamily housing developments.

Any combination of the permitted principal uses.

Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

Indoor and outdoor residential amenity space.

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.

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.

Any other use which is subordinate and customarily incidental to a nonresidential use.

All refuse shall be stored either within the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside of the building shall be enclosed in durable containers with a latching or locking mechanism.

Development shall comply with the buffer requirements established under Section 609.3 herein.

Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507, and shall be designed to capture and confine cooking vapors and residues through a filtering device.

Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage onto adjacent residential properties.

The customer entrance shall be from the front of the building (i.e., facing the street).

No outdoor seating shall be permitted in the rear of the building.

Minimums.

Maximums.

Parking shall not be permitted in any front yard, and parking sited within a podium shall be screened from the public right-of-way by a building liner. Such building liner shall be a minimum of 30 feet in depth.

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.[1] 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.

Retail sales and retail services with food stores limited in size to 15,000 square feet and all other retail activities limited in size to 5,000 square feet.

Offices and financial institutions.

Residential, but not on the ground floor.

Showrooms.

Educational play centers.

Instructional schools and studios.

Art studios and galleries.

Restaurants, fast food restaurants, retail food establishments and eating and drinking places provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. This subsection shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan. Drive-up windows shall not be permitted.

Any accessory structure or use customarily subordinate and incidental to a permitted principal or conditional use.

Parking, parking lots, parking facilities, loading areas, and access drives shall be permitted accessory uses, but only for a principal or conditional use which lies entirely within the Township of Millburn.

Restaurants, fast food restaurants, retail food establishments, brewpubs and eating and drinking places where the closest part of the structure is less than 125 feet from the nearest lot line of a single-family dwelling in a residential district, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted. This Section 606.6.1d shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan. The following conditional use standards shall apply:

An access point or access drive to or from a nonresidential use, or to a customer parking area, parking facility or loading area which is required to provide a minimum of 100 parking spaces, and which nonresidential use is located outside the boundaries of the Township of Millburn, shall be permitted as a conditional use only when all of the following conditions are met and satisfied:

Minimums.

Maximums.

As required elsewhere in this ordinance, access drives and access points located within the Township of Millburn in order to gain access to and from an existing or proposed nonresidential use located outside and beyond the borders and boundaries of the Township of Millburn shall require site plan review and approval consistent with the terms and standards of this ordinance and under certain conditions may require conditional use approval as well.

All parking areas must be set back from the street line at least 30 feet.

All loading areas shall be situated to the rear of the building, away from the public street, and shall not be located in a side or front yard. Where such loading areas may be visible from a public street or from an adjoining or nearby residential area, the buffer provisions of this ordinance shall apply, as set forth in Section 609.3 herein.

Any development requiring access across and through property located within the Township of Millburn and relating to the use or development of property located outside the boundaries of the Township of Millburn for nonresidential purposes shall require site plan approval by the Planning Board or Zoning Board of Adjustment, as the case may be, in order to properly evaluate, regulate and plan for the possible impact of vehicular traffic and the impact of the operation of said nonresidential use on streets, driveways, intersections and other lands located within the Township of Millburn.

Retail sales and retail services.

Financial institutions.

Multifamily housing developments in combination with any of the permitted principal uses.

Offices, including co-working or shared work space, but not on the street-floor level. For the purposes of this restriction, travel agencies, opticians, local newspaper offices substantially servicing Township residents, and real estate sales and insurance offices shall not be considered offices and are permitted to locate on the street-level floor.

Showrooms.

Educational play centers.

Instructional schools and studios.

Art studios and galleries.

Restaurants, fast food restaurants, retail food establishments, brewpubs and eating and drinking places, provided the closest part of any structure so used, exclusive of parking and loading areas, is not less than 125 feet from the nearest lot line of a single-family dwelling in a Residential District, except that no such requirement shall apply where said lot line is separated by a street or railroad right-of-way. Drive-up windows shall not be permitted.

Theaters.

Museums.

Any combination of the permitted principal uses.

Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.

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.

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.

Any other use which is subordinate and customarily incidental to a nonresidential use.

All refuse shall be stored either with the building or within an enclosed area that is screened from view of adjacent residential dwellings by landscaping, fencing or both and is located outside of a required buffer area. Any refuse stored outside the building shall be enclosed in durable containers with a latching or locking mechanism.

Development shall comply with the buffer requirements established under Section 609.3 herein.

Commercial grade air filtration/odor reduction devices shall be employed to minimize odors from on-premises cooking/frying to adjacent properties. Hoods shall be designed in accordance with the International Mechanical Code (IME), Chapter 507 and shall be designed to capture and confine cooking vapors and residues through a filtering device.

Site lighting shall not be located within a required buffer and shall be designed to avoid up-lighting or a halo effect with fixtures incorporating shields/cut-offs to prevent spillage on to adjacent residential properties.

The customer entrance shall be from the front of the building (i.e., facing the street).

No outdoor seating shall be permitted in the rear of the building.

Minimum yard setbacks:

Minimum lot size: 3/4 acre.

Maximum building coverage: 90%.

Maximum lot coverage: 100%.

Maximum building height: 48 feet, four stories.

Minimum building stepback: 15 feet at fourth story.

Minimum yard setbacks:

Maximum building coverage: 90%.

Maximum lot coverage: 100%.

Maximum building height: 40 feet, three stories.

If an existing dwelling unit is replaced by a nonresidential use, on-site parking shall be provided in accordance with the standards for off-street parking set forth in this ordinance for the nonresidential use.

Central Business: Training facilities shall not be permitted in the B-4 Zone. A training facility is a premises which is used (as a primary use or an accessory use) to train or educate employees of a business in the service which the business provides. Excluded from the definition of a training facility is a training facility which trains full-time employees assigned permanently to the premises.

Residential units on the ground floor may not be any street-facing facade and must be set back a minimum of 30 feet from any street-facing facade.

Outdoor Residential Amenity Space.

Maximum development yield for multifamily housing developments shall not exceed a density of 25 dwelling units per acre.

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.

Offices, including medical offices in the OR-2 Zone, and financial institutions.

Retail services, such as beauty salons and barber shops.

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.[1]

In addition in the OR-3 Zone, Mixed-Use Development subject to the standards contained herein.

Parking and loading areas, which shall not include below-grade structured parking facilities.

Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.

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.

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.

Any other use which is subordinate and customarily incidental to a nonresidential use.

In the OR-2 District, off-street parking shall be located in the side and rear yard areas whenever possible.

In the OR-1 District, maximum development yield for multifamily housing developments shall not exceed a density of 20 dwelling units per acre.

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.

Tract Area. The land area required for Mixed-Use Development shall be a minimum of 14 acres.

Required Components. A Mixed-Use Development shall contain the following:

Maximum Development Yield.

Permitted Accessory Uses. The following accessory uses shall be permitted in a Mixed-Use Development:

Locational Requirements.

Development Standards.

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.

Building Articulation and Massing.

Building Facade Detailing.

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.

Offices.

Wholesale business, light assembly and manufacturing, scientific and other research facilities, warehouses, and offices operated in connection with the foregoing uses.

Medical offices.

Ambulatory surgical facilities.

Health and fitness facilities.

Showrooms.

Pet care and grooming.

Indoor commercial recreation.

Educational play centers.

Instructional schools and studios.

Multifamily housing development.

Any combination of the permitted principal uses, except that multifamily housing developments shall not be combined with following permitted uses:

Parking and loading areas, including off-street structured facilities within the building (i.e., at or below grade).

Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities.

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.

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.

Any other use which is subordinate and customarily incidental to a nonresidential use.

Houses of Worship. Houses of worship shall be subject to the following conditional use standards:

Private Schools. Private schools shall be subject to the following conditional use standards:

Commercial Off-Premises Outdoor Advertising Signs. Commercial off-premises outdoor advertising signs (i.e. billboards) shall be permitted subject to the following conditions designed to minimize the aesthetic impacts of such signs on the Township's residential zone districts.

Minimum lot area: 30,000 square feet.

Minimum lot width: 150 feet.

Minimum lot depth: 150 feet.

Minimum front setback: 24 feet.

Minimum side and rear setback: 12 feet, except when abutting a residential district, in which case the setback shall be a minimum of the building height.

Maximum floor area ratio: 50%.

Maximum lot coverage: 75%.

Maximum building height:

Maximum development yield for multifamily housing developments shall not exceed a density of 18 dwelling units per acre.

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.[1] 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.

Buildings shall be set back a minimum of two times building height from all property lines.

Maximum building coverage: 30%.

Maximum lot coverage: 65%.

Maximum building height: 40 feet.

Single family dwellings.

Medical-professional offices provided they do not exceed 50% of the floor area of the building in which they are located and provided there is no more than one licensed medical professional.

Single dwelling unit apartments located in the same structures as medical-professional offices provided there shall be no more than one dwelling unit per structure and the dwelling unit occupies a minimum of 50% of the floor area of the building.

Minimum front setback: Based on the average established setback along the street within 200 feet of the property.

Minimum side setback: eight feet.

Minimum side setback-combined: 25% of lot width.

Minimum rear setback: 20% of lot depth.

Maximum floor area ratio: 0.40.

Maximum building height: 32 feet.

Accessory uses shall meet the setback requirements of the R-6 district.

Off-street parking shall be limited to side and rear yard areas only.

Off-street parking areas shall meet the buffer requirements of the ordinance.

Professionals or employees in the medical-professional offices are not required to reside on-site.

Public gardens.

Horticulture and arboriculture.

Interpretive and cultural centers for the study of nature, architecture, gardens, history and art, and similar museum/educational facilities.

Visitor orientation.

Public tours.

Educational programs, including classes, conferences, seminars and symposia.

Public awareness/support events.

Concerts.

Weddings and other similar special occasion events.

Fundraising events, including corporate and event rental.

Retail sales/gift shop.

Retail food sales, including refreshment carts and cafes.

Administrative and staff offices.

Common support facilities, such as parking and rest rooms.

Operational support facilities, such as greenhouses, storage, garages and prep and catering kitchens.

Still photography shoots.

Animal husbandry.

Permanent housing for full-time staff.

Overnight and extended accommodations for artists, interns, scholars, lecturers, seminar/retreat participants and consultants, subject to compliance with the following conditional use standards:

One residential lot. The existing residence and other improvements located on Block 2702, Lot 16 according to the official tax maps of the Township of Millburn may continue to be utilized as a private residence in accordance with the requirements of the R-4 District. Parking that serves other uses permitted in the CE District may be provided on this lot.

Minimum lot area: 15 acres, which may be provided on contiguous lots in common ownership or leasehold.

Buildings shall be set back a minimum of three times the building height from all property lines. Buildings and structures that existed on July 1, 2007 that are located within required setback areas may continue to be utilized, but shall not be expanded to further encroach into required setbacks.

Maximum building coverage, including all accessory structures: 2.7%.

Maximum lot coverage: 18%.

Maximum building height: 35 feet.

Adequate parking shall be provided for visitors' and employees' vehicles. A minimum of 86 automobile parking spaces shall be provided. A minimum of two bus parking spaces shall be provided.

A buffer with a minimum width of 50 feet shall be provided along all property lines, except for those that adjoin public parkland. Driveways and sidewalks shall be permitted to cross buffer areas to provide access to streets and adjacent properties. Buildings and structures that existed on July 1, 2007 that are located within required buffer areas may continue to be utilized, but shall not be expanded to further encroach into buffer areas.

The playing of music in outdoor areas and/or at special events shall conclude by 11:00 p.m.

Up to 25,000 square feet gross floor area: one space per 200 square feet gross floor area.

25,000 to 399,999 square feet gross leasable area:

400,000 to 599,999 square feet gross leasable area:

600,000 to 1,349,999 square feet gross leasable area:

1,350,000 or more square feet gross leasable area:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to Subsection d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection c1 above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer and/or Municipal Engineer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of Millburn's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

An application pursuant to Subsection c5 above shall be deemed complete if:

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection d1 above shall:

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant Section 607.2.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection d above may be encouraged, but shall not be required in development projects.

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. When an applicant proposes to provide EVSE in a manner not in compliance with the below standards, design waiver relief shall be required by the Planning Board or Zoning Board of Adjustment.

Installation:

Equipment.

Location.

Operations.

Safety.

Signs.

Usage Fees.

Delineation and quantification of those steep slope areas proposed for disturbance. The applicant shall provide a table showing the calculation of disturbed steep slope area in square feet and as a percent of the lot area, for each lot.

If the site plan includes steep slope areas, identification of soil types present on the property with specific reference to highly erodible soils as identified by the United States Department of Agriculture Soil Conservation Service.

Details on how the proposed construction will minimize adverse impacts upon the existing natural features of the lot shall be provided.

Plans and specifications for any retaining walls, steps, fences or other protective structures shall be provided.

Except as otherwise provided herein, an emergency generator shall be permitted only within a side or rear yard.

An emergency generator shall comply with the side and rear yard setback requirements for accessory uses in the zone.

On corner lots, an emergency generator shall be permitted within a front yard provided that the setback to the corresponding front lot line shall be no less than a distance equal to 75% of the minimum front yard setback requirement for a principal building in the zone.

If the area covered by an emergency generator pad is less than or equal to 50 square feet, such coverage shall not count towards maximum permitted lot coverage. If the area of coverage exceeds 50 square feet, the entire area of the emergency generator pad shall be counted toward maximum permitted lot coverage.

An emergency generator shall be screened by fencing compliant with municipal ordinances or vegetation of a type, height and density that provides for year-round screening so that it will not be visible from adjacent properties or a public street. Such screening shall be maintained in good condition at all times.

Approval for the installation of an emergency generator may be granted by the Building Department provided that the location and dimensions of the generator/pad are drawn to scale on a survey of the subject property which is accompanied by a certification by the homeowner that the survey is accurate as drawn and that there have been no material changes since the survey was prepared, and provided further that compliance with all of the requirements of this section is accurately depicted on the survey.

The testing of an emergency generator shall be permitted only between 10:00 a.m. and 4:00 p.m., Monday through Friday.