PUBLIC NOTICE
MILLBURN TOWNSHIP
MILLBURN TOWNSHIP COMMITTEE
ORDINANCE 2773-26
PUBLIC NOTICE is hereby given that the following Ordinance was submitted in writing, introduced, read by title and passed on first reading at a meeting of the Township Committee of the Township of Millburn, in the County of Essex on Tuesday, September 15, 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, October 6, 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. 2773-26
AN ORDINANCE AMENDING AND SUPPLEMENTING THE TOWNSHIP OF MILLBURN DEVELOPMENT REGULATIONS AND ZONING ORDINANCE TO ESTABLISH SITE-SPECIFIC FLOOR AREA RATIO STANDARDS FOR CERTAIN FOURTH ROUND AFFORDABLE HOUSING SITES
WHEREAS, in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., the Township of Millburn Planning Board adopted a Housing Element and Fair Share Plan on June 18, 2025 to address the Township’s Fourth Round constitutional obligation to provide a realistic opportunity for the development of housing affordable to very low-, low- and moderate-income households; and
WHEREAS, on March 9, 2026, the Township Committee adopted Ordinance No. 2733-26 establishing the Fourth Round Affordable Housing Overlay (“FR-AHO”) District, including Block 1005, Lot 3, and permitting multifamily residential development on that property at a maximum density of 25 dwelling units per acre; and
WHEREAS, Ordinance No. 2733-26 provides that development pursuant to the FR-AHO District is otherwise subject to the development standards of the underlying zoning district, and Block 1005, Lot 3 is located within the underlying CMO District; and
WHEREAS, the Township has determined that establishing a maximum floor area ratio of 1.00 for multifamily residential development pursuant to the FR-AHO District on Block 1005, Lot 3 will provide a development envelope consistent with the permitted residential density while retaining the other applicable development standards of the underlying CMO District; and
WHEREAS, on March 9, 2026, the Township Committee also adopted Ordinance No. 2734-26 amending the regulations applicable to the OR-1 District, including increasing the maximum development yield for multifamily housing development to 24 dwelling units per acre; and
WHEREAS, the Fair Share Housing Center has reviewed the Township’s Fourth Round implementing zoning ordinances and identified concerns that the existing floor area ratio limitations applicable to certain affordable housing sites may constrain the ability of those sites to accommodate the residential development and affordable housing opportunities contemplated by the Township’s Housing Element and Fair Share Plan; and
WHEREAS, the Township seeks to ensure that its development regulations provide a realistic opportunity for the development of affordable housing consistent with the densities, development yields, and affordable housing mechanisms identified in the Township’s Housing Element and Fair Share Plan and approved through the Township’s Fourth Round compliance process; and
WHEREAS, with respect to Block 1005, Lot 3, commonly known as 16 Bleeker Street, the Township has determined that increasing the maximum floor area ratio from the 0.50 FAR otherwise applicable in the underlying CMO District to 1.00 FAR will remove a potential development constraint and provide a development envelope consistent with the permitted density of 25 dwelling units per acre, while retaining the other applicable development standards of the underlying CMO District; and
WHEREAS, with respect to Block 5302, Lot 1, commonly known as 51-55 JFK Parkway, the Township has determined that increasing the maximum floor area ratio from the 0.50 FAR otherwise applicable in the OR-1 District to 1.50 FAR will remove a potential development constraint and provide a development envelope consistent with the permitted residential density, while retaining the existing OR-1 maximum building height, building coverage, setbacks, and other applicable development standards; and
WHEREAS, the Township has determined that establishing a maximum floor area ratio of 1.50 for multifamily housing development on Block 5302, Lot 1 will provide a development envelope consistent with the permitted residential density and existing OR-1 height and building coverage standards, while retaining the remaining applicable development standards of the OR-1 District; and
WHEREAS, the Township Committee finds that these limited, site-specific amendments are appropriate to ensure that the zoning applicable to the identified sites provides a realistic opportunity for the development of the affordable housing contemplated by the Township’s Housing Element and Fair Share Plan, without otherwise modifying the permitted densities or the underlying zoning framework applicable to the properties;
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. Amendment to § DRZ-606.4.6, FR Affordable Housing Overlay (FR-AHO) District.
Section DRZ-606.4.6 is hereby amended by adding a new subsection E., Site-Specific Bulk Standards, and redesignating existing subsection E., Affordable Housing Mandatory Set-Aside, as subsection F., as follows:
E. Site-Specific Bulk Standards.
Notwithstanding the development standards of the underlying CMO District, the maximum floor area ratio for a multifamily residential development pursuant to the FR-AHO District on Block 1005, Lot 3 shall be 1.00.
Except as expressly modified by this subsection, all other applicable development standards of the underlying CMO District shall remain in effect.
F. Affordable Housing Mandatory Set-Aside. All multi-family dwellings shall comply with the affordable housing mandatory set-aside requirements of DRZ-501 – Affordable Housing.
Section 2. Amendment to § DRZ-606.8, Office Research OR-1, OR-2, OR-3.
Section DRZ-606.8(d), Area and Setback Requirements, is hereby amended by adding a new paragraph 3 as follows:
3. Site-Specific Floor Area Ratio — Block 5302, Lot 1.
Notwithstanding the maximum floor area ratio otherwise applicable in the OR-1 District pursuant to § DRZ-606.8(d)(2), the maximum floor area ratio for a multifamily housing development on Block 5302, Lot 1 shall be 1.50.
Except as expressly modified by this paragraph, all other applicable standards of the OR-1 District shall remain in effect.
Section 3. Repealer.
All ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.
Section 4. Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining portions of this Ordinance.
Section 5. Codification.
This Ordinance may be renumbered for codification purposes.
Section 6. Effective Date.
This Ordinance shall not be effective until approved by the Superior Court of New Jersey after a Compliance Hearing and after final passage and publication in accordance with law.
Section 7. Referral.
The Township Clerk is hereby authorized and directed to forward this Ordinance to the Planning Board for review pursuant to N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64 and to provide all other notices and referrals required by law.
Posting Details – Ordinance 2773-26
Millburn Township Committee
Date Posted on Millburn Public Notices Page and Bulletin Board: 9/16/2026
Date Notice Archived: 10/31/2026
