Ordinance 2768-26 Zoning Ord - Public Hearing 10/6/2026

PUBLIC NOTICE

MILLBURN TOWNSHIP
MILLBURN TOWNSHIP COMMITTEE
ORDINANCE 2768-26

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 1, 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. 2768-26

WHEREAS, the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (“MLUL”), authorizes the Township of Millburn to adopt and amend zoning regulations governing the use and development of land in furtherance of the public health, safety and general welfare; and

WHEREAS, § DRZ-201 of the Township Development Regulations and Zoning Ordinance provides that the Ordinance is intended to establish a pattern for the use of land and structures based upon the Township Master Plan, implement the Master Plan, and promote the public health, safety, morals and general welfare; and

WHEREAS, the Township’s nonresidential and mixed-use districts accommodate a range of commercial, restaurant, food-service, retail, office, medical, residential and other uses that require mechanical equipment, exhaust systems, utility equipment, refuse and recycling facilities, grease storage and other accessory equipment and service functions; and

WHEREAS, the location, configuration and operation of such equipment and service areas can affect adjoining properties and the public realm through noise, odor, vibration, heat, glare, smoke, grease, visual impacts and other operational effects, particularly where nonresidential and mixed-use development is located near residential uses and residential zoning districts; and

WHEREAS, the 2018 Master Plan Reexamination and Update establishes goals and objectives to encourage appropriate land uses that promote the character of the Township, protect established residential neighborhoods, promote an appropriate mix of development in Downtown and other commercial areas, maintain and enhance the economic vitality of the Township’s business districts, and maintain a pedestrian-oriented environment within the Township’s commercial areas; and

WHEREAS, the Township Committee finds that clear and uniform standards governing the location and screening of accessory structures, mechanical and exhaust equipment, utility equipment, refuse and recycling facilities, grease storage and similar appurtenances will promote orderly site design, maintain attractive streetscapes, protect adjoining residential properties, and reduce potential operational impacts associated with nonresidential and mixed-use development; and

WHEREAS, the Township Committee further finds it appropriate to establish clear zoning standards while recognizing that mechanical equipment, exhaust systems, refuse facilities and similar improvements remain independently subject to applicable construction, fire, health, environmental, utility and other laws and regulations; and

WHEREAS, the Township Committee finds that the amendments adopted herein advance and implement the Township Master Plan and promote the public health, safety and general welfare.

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:

§ DRZ-609.1.1 Accessory Uses, Structures, Equipment, and Appurtenances in Multifamily, Nonresidential, and Mixed-Use Development.

1. Purpose. The purpose of this section is to establish standards for accessory uses, structures, equipment, and appurtenances serving multifamily, nonresidential, and mixed-use development, including mechanical and exhaust equipment, utility equipment, refuse and recycling areas, food waste and grease storage, and similar service functions. These standards are intended to protect public health, safety, and welfare; maintain compatibility between development and adjoining residential uses; reduce noise, odor, smoke, grease, and visual impacts; and maintain the character of the Township’s business districts and residential neighborhoods.
2. Applicability
   1. This section shall apply to multifamily, nonresidential, and mixed-use development, except within the R-3, R-4, R-5, R-6, R-7, and R-8 Residential Districts, which shall remain subject to § DRZ-609.1 and the applicable district regulations.
   2. Where another provision of this Ordinance specifically regulates an accessory use, structure, equipment, facility, or appurtenance, the specific provision shall govern. Nothing in this section shall alter the applicability of, or relief procedures established for, another provision of this Ordinance.
3. Accessory Relationship Required. Accessory structures, equipment, and appurtenances shall be permitted only when customarily associated with, subordinate and incidental to, and located on the same lot as a lawful principal use.
4. General Location Standards for Service Equipment and Areas.
   1. Ground-mounted mechanical equipment, exhaust equipment, utility equipment, refuse and recycling facilities, food waste and grease storage, and similar service equipment and areas shall not be located in any front yard or required buffer area.
   2. Ground-mounted mechanical equipment, exhaust equipment, utility equipment, refuse and recycling facilities, food waste and grease storage, and similar service equipment and areas shall be located within the principal building or in a side yard or rear yard and shall comply with all applicable setback requirements.
   3. Ground-mounted mechanical equipment, exhaust equipment, utility equipment, refuse and recycling facilities, food waste and grease storage, and similar service equipment and areas shall not be located between a principal building and an adjoining lot that contains a residential use or is located within a residential zoning district.
   4. Wall-mounted exhaust equipment, ducts, vents, louvers, fans, compressors, and similar mechanical equipment shall not be located on a street-facing building façade. This prohibition shall not apply to utility meters, utility connections, fire-protection equipment, emergency equipment, or other equipment required to be externally accessible by applicable law or the serving utility.
   5. Rooftop mechanical equipment, exhaust equipment, utility equipment, and similar rooftop appurtenances shall be permitted, subject to the height, screening, and other applicable requirements of this Ordinance.
5. Exhaust for Restaurants and Other Food-Service Uses.
   1. This subsection shall apply to restaurants, fast-food restaurants, retail food establishments, brewpubs, eating and drinking places, and other nonresidential uses in which food or beverages are prepared on-site for sale or service to customers, whether for on-site or off-site consumption.
   2. Exhaust outlets serving cooking, frying, baking, roasting, brewing, and similar food or beverage preparation operations shall terminate above the roofline and discharge vertically upward.
   3. Exhaust outlets subject to this subsection shall not include a cap, louver, deflector, or other device that directs exhaust toward a residential use, residential zoning district, public street, public sidewalk, outdoor dining area, building entrance, operable window, or pedestrian area.
   4. Wall-mounted exhaust outlets, side-wall vents, wall louvers used for exhaust discharge, and similar wall discharge points shall be prohibited for cooking, frying, baking, roasting, brewing, and similar food or beverage preparation operations.
   5. Exterior exhaust equipment, ductwork, fans, make-up air units, grease-control equipment, and related mechanical equipment shall comply with subsection d and shall be screened in accordance with subsection g.
   6. All kitchen hood, exhaust, ventilation, and related mechanical systems shall comply with the Uniform Construction Code, Uniform Fire Code, Township Health Code, and all other applicable laws, codes, rules, and regulations.
   7. Existing lawful exhaust systems may remain upon a change of tenancy, provided that the outlet location, discharge direction, duct route, hood configuration, and rated exhaust capacity are not changed and the system is not used to serve cooking or food-preparation equipment requiring greater exhaust capacity than the existing system is rated to provide. A change of tenancy, by itself, shall not require an existing lawful exhaust system to be relocated or reconstructed. Any new or relocated exhaust system, or modification to the outlet location, discharge direction, duct route, hood configuration, or rated exhaust capacity of an existing system, shall comply with this subsection.
6. Refuse, Recycling, Food Waste, and Grease Storage.
   1. Refuse and recycling facilities shall comply, where applicable, with § DRZ-503c.3(b), § DRZ-525.1.1, and all other applicable Township requirements.
   2. Refuse, recycling, food waste, grease storage, and similar service areas shall be located fully within the principal building or in a side yard or rear yard.
   3. Refuse, recycling, food waste, grease storage, and similar service areas shall not be located within a required buffer area, front yard, required parking space, loading space, drive aisle, sidewalk, pedestrian route, landscape area, or stormwater facility.
   4. Refuse, recycling, food waste, grease storage, and similar service areas shall be screened in accordance with subsection g.
   5. Grease storage containers shall be located on an impervious surface and shall be equipped with a tight-fitting lid or cover.
7. Screening.
   1. Ground-mounted mechanical equipment, exhaust equipment, utility equipment, refuse and recycling facilities, food waste areas, grease storage areas, and similar service equipment and areas shall be screened from public rights-of-way, adjoining residential uses, and residential zoning districts by building walls, solid fencing, masonry enclosure walls, evergreen landscaping, or other durable opaque screening.
   2. Refuse and recycling facilities, food waste areas, grease storage areas, and similar service areas shall be screened on all sides except for necessary access gates or doors.
   3. Ground-mounted screening shall be at least six feet in height. Where equipment exceeds six feet in height, additional screening may be provided through building walls, architectural enclosures, or landscaping, subject to all other applicable requirements of this Ordinance.
   4. Rooftop mechanical equipment, exhaust equipment, utility equipment, and similar rooftop appurtenances shall be screened from view from public streets and sidewalks and adjoining residential properties.
   5. Rooftop screening shall not exceed the height of the equipment being screened, except where a greater height is required by applicable construction, fire, mechanical, health, or utility requirements.
8. Deviations.
   1. Any deviation from a zoning requirement established by this section shall require relief pursuant to the Municipal Land Use Law.
   2. Nothing in this section shall authorize the Zoning Officer, Construction Code Official, Health Official, Fire Official, Township Planner, Township Engineer, Development Review Committee, or other administrative officer or body to waive or modify a zoning requirement established by this section.
9. Coordination with Other Applicable Laws and Regulations.
   1. Nothing in this section shall be construed to supersede or modify the requirements of the Uniform Construction Code, Uniform Fire Code, State Sanitary Code, Township Health Code, or any other applicable federal, State, County, Township, utility, or other law, code, rule, regulation, permit, or approval.
   2. Compliance with another applicable law, code, rule, regulation, permit, or approval shall not relieve an applicant from compliance with the zoning requirements of this section, except where otherwise provided by law.
   3. Approval under this section shall not constitute or imply approval under any other applicable law, code, rule, regulation, permit, or approval requirement.

Posting Details – Ordinance 2768-26
Millburn Township Committee
Date Posted on Millburn Public Notices Page and Bulletin Board: 9/2/2026
Date Notice Archived: 10/31/2026