3/17/26: Ordinance 2740-26 - Streets and Sidewalks - Public Hearing 4/7/26

PUBLIC NOTICE

MILLBURN TOWNSHIP

MILLBURN TOWNSHIP COMMITTEE

ORDINANCE 2740-26

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, March 17, 2026. The ordinance will be considered for final passage and adoption at the public hearing held at a special meeting beginning at 7:00 p.m. on Tuesday, April 7, 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. 2740-26

ORDINANCE AMENDING AND SUPPLEMENTING THE TOWNSHIP OF MILLBURN
STREETS AND SIDEWALK ORDINANCE

WHEREAS, the Township Committee finds that construction, utility work, and other permitted activities may temporarily obstruct public sidewalks located within the public right-of-way; and

WHEREAS, unobstructed pedestrian routes are necessary to promote public safety, accessibility, and the orderly use of Township streets and sidewalks; and

WHEREAS, the Township’s existing regulations governing streets and sidewalks do not currently establish clear standards for maintaining temporary pedestrian access when sidewalks are closed or rendered unusable; and

WHEREAS, the Township Committee has determined that establishing requirements for temporary pedestrian routes during sidewalk obstruction will promote safer construction practices, improve accessibility for all users, and provide clear guidance to permittees and Township officials responsible for enforcement.

WHEREAS, the Township Committee further finds that maintaining continuous pedestrian access during construction supports the Township’s goal of safe and accessible public rights-of-way.

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 15 Streets and Sidewalks, is hereby amended to add the following section as follows:

§ 15-9    Temporary Pedestrian Access During Sidewalk Closure

1. Purpose.
   1. The purpose of this section is to ensure the safe and continuous movement of pedestrians, including persons with disabilities, and maintain an accessible route of travel when construction, maintenance, or other permitted activity obstructs or renders unusable a public sidewalk within a public right-of-way.
2. Applicability.
   1. This section shall apply whenever any construction activity, demolition, utility work, site work, building operation, maintenance activity, or other permitted work blocks, closes, or materially restricts a public sidewalk within the Township.
   2. This section shall apply to public projects, private development, and any work performed under a permit issued by the Township.
   3. Notwithstanding the foregoing, the Township Engineer may waive or modify the requirements of this section for minor work associated with a one-family or two-family dwelling where the Engineer determines that:
      1. the work is of limited duration and scope;
      2. pedestrian volumes are low;
      3. the work can be performed without creating a material hazard to pedestrian travel; and
      4. the waiver or modification will not impair public safety.
3. Relationship to other provisions
   1. An obstruction or closure authorized pursuant to this section and approved by the Township in connection with permitted work shall constitute a limited exception to § 15-8.1 only to the extent and for the duration expressly approved.
   2. Except as expressly authorized by an approved temporary pedestrian accommodation plan under this section, all other provisions of Chapter 15 shall remain in full force and effect.
4. Approval Required
   1. No person shall close, obstruct, or materially restrict a public sidewalk in connection with work subject to this section unless a temporary pedestrian accommodation plan has been submitted and approved as part of the applicable permit process.
   2. No permit authorizing work that will close, obstruct, or materially restrict a public sidewalk shall be issued until the temporary pedestrian accommodation plan has been approved by the Township Engineer. In reviewing the plan, the Township Engineer is authorized to consult and coordinate with the Police Department, including the Police Department Traffic Bureau, as the Engineer deems necessary or appropriate based on traffic, pedestrian safety, site conditions, or the nature of the proposed work.
   3. No approved sidewalk closure shall last for more than 6 months.   Any closure that is necessitated beyond 6 months must resubmit for permitting and review by the Engineering Department at least one month prior to reaching the sixth month of closure.
5. Temporary pedestrian accommodation plan.
   1. Any permit application proposing work that will close, obstruct, or materially restrict a public sidewalk shall include a temporary pedestrian accommodation plan.
   2. The plan shall depict, as applicable:
      1. the limits of the sidewalk obstruction or closure;
      2. the proposed temporary pedestrian route through or around the work area, or the proposed pedestrian detour;
      3. barriers, channelizing devices, fencing, or other protective measures;
      4. signage and warning devices;
      5. curb ramps, transitions, and other accessibility features;
      6. the duration of the obstruction or closure; and
      7. such additional information as the Township Engineer may require to evaluate pedestrian safety, accessibility, and traffic conditions
   3. The Township Engineer may require revisions to the plan as a condition of approval or permit issuance.
6. Requirement to maintain pedestrian access.
   1. The permittee shall maintain a continuous, safe, and reasonably accessible pedestrian route around or through the work area for the duration of the obstruction, unless the Township Engineer determines that a temporary closure with a signed pedestrian detour is necessary for public safety or site constraints.
   2. The permittee shall implement and maintain all measures required by the approved temporary pedestrian accommodation plan.
7. Minimum standards.
   1. Unless otherwise approved by the Township Engineer due to documented site constraints, a temporary pedestrian route shall:
      1. provide a minimum clear width of five feet;
      2. be free from obstructions;
      3. be firm, stable, slip-resistant, and reasonably level;
      4. be separated from vehicular traffic, excavations, equipment, materials, and construction hazards by barriers, channelizing devices, fencing, or other protective measures as required by the Township Engineer;
      5. include appropriate signage and warning devices directing pedestrians along the temporary route or detour;
      6. provide safe and reasonably accessible transitions at route changes, curb crossings, and elevation changes;
      7. remain illuminated where required by applicable traffic control standards or where otherwise required by the Township Engineer for public safety; and
      8. comply with applicable federal and state traffic control requirements, including the Manual on Uniform Traffic Control Devices, as amended.
8. County and State Rights-of-Way
   1. Where the affected sidewalk or right-of-way is under the jurisdiction of Essex County, the State of New Jersey, or another governmental agency, the permittee shall obtain all approvals required by the agency having jurisdiction before implementing any sidewalk closure, temporary pedestrian route, or detour.
   2. The requirements of this section are intended to supplement, and not replace or supersede, any standards, permits, or conditions imposed by the agency having jurisdiction.
   3. The Township Engineer may require proof of such approvals or coordination as a condition of Township approval.
9. Insurance
   1. Where the approved temporary pedestrian route occupies or diverts pedestrian travel within a Township right-of-way, the Township Engineer may require the applicant to provide a certificate of insurance, in form and amounts satisfactory to the Township, naming the Township as an additional insured, unless such coverage is already required under another applicable Township permit or approval.
10. Maintenance and enforcement.
    1. The permittee shall maintain the temporary pedestrian route, detour, barriers, signage, and protective measures in a safe condition at all times.
    2. If the Township Engineer, Code Enforcement Officer, Construction Official, Superintendent of Public Works, or Police Department determines that the approved route, detour, or protective measures are missing, unsafe, inadequate, or not being properly maintained, the Township may require immediate corrective action and may suspend the affected permit, issue a stop-work order, or take any other enforcement action authorized by law.
    3. A violation of this section shall be subject to the general penalty provisions of Chapter 1, § 1-5, in addition to any other remedy available to the Township.
11. Authority of Township Engineer.
    1. The Township Engineer is authorized to:
       1. approve, condition, or deny temporary pedestrian accommodation plans;
       2. approve alternate configurations where strict compliance is impracticable due to site conditions;
       3. waive or modify specific requirements where the Engineer determines that the purposes of this section will still be satisfied and public safety will be protected; and
       4. impose additional reasonable conditions necessary to protect pedestrian safety, accessibility, and the public welfare.
       5. consult and coordinate with the Police Department, including the Police Department Traffic Bureau, in the review of temporary pedestrian accommodation plans where the Township Engineer determines that such coordination is necessary or appropriate.
12. No limitation on other authority.
    1. Nothing in this section shall be construed to limit the Township’s authority to regulate work within municipal rights-of-way, or to authorize the Township to regulate traffic control or right-of-way activities on roads under County or State jurisdiction except as permitted by law.

Posting Details – Ordinance 2740-26

Millburn Township Committee
Date Posted on Millburn Public Notices Page and Bulletin Board: 03/18/2026