PUBLIC NOTICE
MILLBURN TOWNSHIP
MILLBURN TOWNSHIP COMMITTEE
ORDINANCE 2759-26
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, July 14, 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. 2759-26
ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER BH4, RETAIL FOOD ESTABLISHMENTS TO ESTABLISH STANDARDS FOR FOOD ESTABLISHMENT ODORS, SMOKE, GREASE, AND EXHAUST-RELATED NUISANCES
WHEREAS, the Township of Millburn regulates retail food establishments under Chapter BH4 of the Revised General Ordinances of the Township of Millburn; and
WHEREAS, Chapter BH4 requires compliance with applicable retail food establishment standards, including N.J.A.C. 8:24, and provides for review, inspection, licensing, and enforcement by the Township’s health officials; and
WHEREAS, the Township recognizes that restaurants and other food establishments are important components of the Township’s commercial districts and downtown business environment; and
WHEREAS, the Township also recognizes that food and beverage preparation activities, including cooking, frying, baking, roasting, brewing, and similar operations, may generate odors, smoke, grease-laden vapors, fumes, and similar emissions if related equipment is not properly operated, cleaned, serviced, and maintained; and
WHEREAS, the Township seeks to supplement its retail food establishment regulations to provide the Health Officer and Health Inspector, including a Registered Environmental Health Specialist, with clear authority to review maintenance records, require corrective action, and abate persistent or recurring odor, smoke, grease, fume, and exhaust-related nuisance conditions associated with food establishments; and
WHEREAS, the Township finds that this ordinance advances the public health, safety, and welfare by supporting the proper operation and maintenance of food establishments while protecting adjoining properties and the public from offensive, noxious, or detrimental conditions.
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. Chapter BH4, Retail Food Establishments, is hereby amended and supplemented by adding a new § BH4-4, entitled “Food Establishment Odors, Smoke, Grease, and Exhaust-Related Nuisances,” as follows:
§ BH4-4 Food Establishment Odors, Smoke, Grease, and Exhaust-Related Nuisances.
a. Applicability. This section shall apply to all retail food establishments and any other establishment in which food or beverages are cooked, fried, baked, roasted, brewed, prepared, or otherwise processed for sale or service to customers.
b. Nuisance Prohibited. No owner, operator, tenant, occupant, or person in control of any establishment subject to this section shall suffer, permit, create, or maintain persistent or recurring odors, smoke, grease-laden vapors, fumes, or similar emissions that are offensive, noxious, unwholesome, detrimental to health, or otherwise constitute a nuisance.
c. Equipment Maintenance. All cooking, exhaust, ventilation, grease-control, odor-control, filtration, and related equipment shall be operated, cleaned, serviced, and maintained in good working order so as to minimize odors, smoke, grease-laden vapors, fumes, and similar emissions.
d. Records. Upon request of the Health Officer or Health Inspector, including a Registered Environmental Health Specialist, the owner, operator, tenant, occupant, or person in control of an establishment subject to this section shall provide maintenance, cleaning, service, inspection, or repair records for cooking, exhaust, ventilation, grease-control, odor-control, filtration, and related equipment.
e. Corrective Action. Upon a determination by the Health Officer or Health Inspector, including a Registered Environmental Health Specialist, that an establishment subject to this section is creating, maintaining, or contributing to a nuisance condition under this section or § BH3-1.7, the Health Officer or Health Inspector, including a Registered Environmental Health Specialist, may require corrective action, including but not limited to cleaning, servicing, repair, operational adjustment, increased maintenance frequency, replacement of filters, use of odor-control or filtration equipment, or other reasonable measures necessary to abate the nuisance condition.
f. Other Requirements. Compliance with this section shall not relieve any person or establishment from complying with N.J.A.C. 8:24, the New Jersey Uniform Construction Code, the Uniform Fire Code, the Township zoning ordinance, any land use approval or condition of approval, or any other applicable law, permit, approval, or regulation.
g. Enforcement. This section may be enforced by the Health Officer or Health Inspector, including a Registered Environmental Health Specialist, in accordance with applicable law.
Posting Details – Ordinance 2759-26
Millburn Township Committee
Date Posted on Millburn Public Notices Page and Bulletin Board: 07/16/2026
Date Notice Archived: 08/31/2026
