PUBLIC NOTICE
MILLBURN TOWNSHIP
MILLBURN TOWNSHIP COMMITTEE
ORDINANCE 2756-26
PUBLIC NOTICE is hereby given that the following Ordinance was submitted in writing, introduced, read by title and passed on first reading at a meeting of the Township Committee of the Township of Millburn, in the County of Essex on Thursday, June 18, 2026. The ordinance will be considered for final passage and adoption at the public hearing held at a Township Committee meeting beginning at 7:00 p.m. on Tuesday, August 11, 2026 at the Millburn Education Center, 434 Millburn Avenue, Millburn, New Jersey when and where or at such time and place to which said meeting may be adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. The Millburn Education Center will open for this meeting beginning at 6:45PM and details on the meeting and agenda may be located at town hall, on our website
https://www.twp.millburn.nj.us/AgendaCenter
or by contacting the Municipal Clerk's Office at 973-564-7092.
BY ORDER OF THE TOWNSHIP COMMITTEE
Christine A. Gatti, RMC, Township Clerk
ORDINANCE NO. 2756-26
ORDINANCE AMENDING AND SUPPLEMENTING THE TOWNSHIP OF MILLBURN DEVELOPMENT REGULATIONS AND ZONING ORDINANCE TO REVISE THE DEFINITION OF FLOOR AREA RATIO, RESIDENTIAL
WHEREAS, the Township Committee has determined that the Township’s existing definition of FLOOR AREA RATIO, RESIDENTIAL should be clarified to establish a more objective and consistent standard for measuring residential floor area; and
WHEREAS, the Township Committee further finds that the current residential floor area ratio definition may create ambiguity in the measurement of upper-level floor area beneath sloping roofs and in the treatment of double-height interior spaces, which can result in uncertainty in zoning administration and development review; and
WHEREAS, the Township Committee finds that a clear and uniform residential floor area ratio standard will assist in preserving neighborhood character and ensuring that new construction and additions remain compatible with the scale and form of established residential development; and
WHEREAS, the Township of Millburn Master Plan Reexamination and Update, adopted December 19, 2018, establishes goals and objectives to guide land use and development within the Township; and
WHEREAS, Goal 1 of the Master Plan seeks to “Encourage appropriate land uses that promote the character of the Township as a small suburb of the highest quality,” and Objective 1.01 seeks to “Protect the character of established residential neighborhoods and encourage land use and development at an appropriate scale and density”; and
WHEREAS, the Township Committee finds that amendment of the definition of FLOOR AREA RATIO, RESIDENTIAL will improve clarity in the development review process, promote uniform administration of the zoning ordinance, preserve neighborhood character, and advance the Township’s land use objectives; and
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Millburn, in the County of Essex and State of New Jersey, as follows:
Section 1. Article 3, Definitions, § DRZ 301, Words and Phrases Defined, is hereby amended as follows:
301.22. FLOOR AREA RATIO, RESIDENTIAL — The sum of the area of all floors of a building or structure, measured using the outside dimensions of the exterior walls,
compared to
divided by the total lot area.
The area of all floors shall be computed by using the outside dimension of the exterior walls of the building or structure.
Floor area shall include private garages and shall not include basements. Where cathedral, vaulted, or
elevated
other open ceiling space above a lower floor provides a floor-to-ceiling height
equal or greater than
of 16 feet or greater, the
floor
area of
such space shall be doubled in calculation of the floor area
the lower floor directly beneath such open ceiling space shall be counted twice in the floor area ratio calculation.
Such computation shall not include basements nor floor area of that part of any room where the ceiling is less than seven feet. Such calculation shall include private garages.
Deviation from this standard shall require variance relief under MLUL, N.J.S.A. 40:55D-70(d)(4).
Section 2. Repealer. All ordinances or parts of ordinances contrary to or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict or inconsistency.
Section 3. Severability. Each section, subsection, paragraph, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this Ordinance, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, preempted, void, or ineffective for any clause or reason, such determination shall not affect the remaining provisions of this Ordinance, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this Ordinance are severable.
Section 4. Effective Date. This Ordinance shall take effect immediately upon final passage and publication according to law.
Section 5. Prior actions. All actions of the Township of Millburn taken prior to the date of adoption hereof contemplated by this Ordinance are hereby ratified and approved.
Section 6. Codification. This Ordinance may be renumbered for codification purposes.
Section 7. The Township Clerk is hereby authorized and directed to forward this ordinance to the Planning Board for its review and comment as authorized by the Law.
Section 8. The Township Clerk is hereby authorized and directed to provide such notice and publication of this matter so as to permit the conduct of all public hearings as are required by the Law.
Section 9. The Township Clerk is hereby authorized and directed to forward this ordinance to the Essex County Planning Board after final adoption, as provided by the Law.
Posting Details – Ordinance 2756-26
Millburn Township Committee
Date Posted on Millburn Public Notices Page and Bulletin Board: 06/22/2026
Date Notice Archived: 08/31/2026
