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It is an opportunity for households with low and moderate income, defined as 50% or less of median gross household income based on household size, or between 50% and 80% of median gross household income based on household size, respectively. In more general terms, to be eligible for an affordable unit, applicants must earn a limited amount of income and have limited assets to be qualified as either a low or moderate income household. Low or moderate income housing in the State of New Jersey is typically not “subsidized” housing.
Rental and sales prices are determined by methodologies which are approved by court order and are below-market rents or prices. The rent or sale price is based upon a percentage of the designated income limits that can reasonably be allocated to housing costs within a particular household size. Affordable units are individually owned or rented and managed by private companies. Regulations establish a specific bedroom mix for the affordable units consisting of 1, 2, and 3-bedroom units.
Yes. New Jersey municipalities are required to plan, zone and provide a “realistic opportunity” through their last use ordinances for the development of affordable housing. Failing to meet these requirements, set forth under the Southern Burlington County NAACP v. Mt. Laurel Twp. (Mount Laurel) decision, can subject the Township to builder’s remedy lawsuits.
A builder’s remedy lawsuit allows a developer to file suit to have a specific piece of property chosen by the builder rezoned to allow for the opportunity to construct housing at higher densities than a municipality would otherwise allow, provided that the developer provides a set aside of units affordable to low and moderate income households. A developer is entitled to a builder's remedy if (1) it succeeds in Mount Laurel litigation; (2) it proposes a project with a substantial amount of affordable housing, and (3) the site is suitable, i.e. the municipality fails to meet its burden of proving that the site is environmentally constrained or construction of the project would represent bad planning. Southern Burlington County NAACP v. Mt. Laurel Twp., 92 N.J. 158, 279–80 (1983).
A successful developer in a builder's remedy suit is entitled to a court ordered zoning designation, including all aspects of zoning such as density, setbacks, building heights, lot coverage, etc. to accommodate its proposed inclusionary project. Municipalities in builder's remedy lawsuits may be held liable for the fees of a special master appointed by the court to assist in developing the zoning scheme on the affected property.
The only way a community can be protected from a builder’s remedy lawsuit is to take the initiative and prepare, approve and adopt a Housing Element and Fair Share Plan (HEFSP) that complies with the required obligations, submit that HEFSP to the court in a Declaratory Judgment action and receive a Judgment of Compliance/Repose from the Court. A Judgment of Compliance/Repose generally provides a ten-year period during which the Township would be protected from any future Builder Remedy Lawsuits so long as Millburn complies with the court approved HEFSP. Southern Burlington County NAACP v. Mt. Laurel Twp., 92 N.J. 158, 291-92 (1983). Because housing obligations have been developed for a discrete period (most recently, 1999-2015), the courts are taking the view that there is a uniform ten-year period during which Judgments of Compliance/Repose are effective, (effective to July 1, 2025, irrespective of when that Judgment is obtained.) Millburn Township adopted an HEFSP and filed its Declaratory Judgment action in court seeking a Judgment of Compliance and repose in March of 2018.
What is the Fair Share Housing Center?
The Fair Share Housing Center (FSHC) is a recognized affordable housing advocacy group that has been heavily involved in monitoring NJ municipalities’ efforts to comply with affordable housing obligations. They are “interested parties” in virtually all affordable housing litigation.
Yes, the Planning Board has adopted and the Township has endorsed a HEFSP. Millburn is pursuing a Declaratory Judgment action before the Superior Court in Essex County with the expectation that the court will grant it a Judgment of Compliance/Repose. Also, Millburn has sought and obtained from the court temporary immunity from future builder remedy lawsuits as the Township works its works its way through its Declaratory Judgment matter.
Link to plan: https://www.twp.millburn.nj.us/DocumentCenter/View/3397/Master-Plan-Amendment-2018-PDF?bidId
Once a court determines that a municipality has not satisfied its constitutional obligations concerning the development of affordable housing, it is nearly impossible to “win” a subsequent builder’s remedy lawsuit. The municipality loses the presumption of validity of its zoning ordinances and the case proceeds with the underlying premise that the municipality is improperly preventing the development of affordable housing. As a result, when a builder’s remedy is granted, courts grant the developer the right to construct multi-family housing on its proposed site and relax the municipality’s density, height, bulk and setback standards as necessary to facilitate that development. In addition, that development will contain an affordable housing set-aside, typically between 15% and 20%. These decisions will be made by a judge upon the recommendation of a court-appointed master - not by Township officials.
The Council on Affordable Housing (COAH) has failed to establish legally valid rules and numeric obligations for affordable housing since the second round of regulations expired in 1999. There have been numerous court battles between affordable housing advocates, the real estate developers' lobby, municipalities and COAH itself over how the rules should be formulated and the methodology by which local obligations should be established.
In March of 2015, the Supreme Court, after numerous attempts by COAH to establish legally acceptable rules and the methodology to calculate each municipality’s affordable housing obligation, took back jurisdiction over all affordable housing issues and returned to the county trial courts the responsibilities of determining methodology, affordable housing obligations and compliance with the constitutional obligations of providing, through its land use ordinances, a realistic opportunity to construct affordable housing. This order stripped COAH of its administrative powers and forced participating towns into a situation where they must attempt to determine their own obligations. This process is ongoing and will likely continue through trial and appeals courts for years to come.
No. Courts will not consider the economic impact to a municipality, whether the impact is on schools or other infrastructure or other services. Although the Township of Millburn and the Millburn Board of Education have concerns with respect to the adverse impact development will have on our schools and traffic, the State of New Jersey and trial courts do not allow us to consider these factors when calculating our affordable housing obligation. Infrastructure such as water and sewer capacity can be considered by the court.
As a litigation matter, the Township Committee discusses these issues in closed session meetings, in accordance with the requirements of the Open Public Meetings Act. Those closed session discussions help preserve the Committee’s ability to discuss litigation strategy and any pending settlement negotiations without compromising its position in the litigation or in any settlement negotiations. The Township understands the public’s desire to learn about all aspects of this important issue as it is evolving, but since the matter involves litigation, the Township is constrained to discuss the matter only in closed session meetings.
There was public notice and a public hearing when the Planning Board adopted the HEFSP last year. Furthermore, the Court will conduct a Fairness Hearing on any settlement agreement that is approved by the Township in builder’s remedy litigation (or later in its Declaratory Judgment lawsuit), and the Court will also conduct a Compliance Hearing on the new HEFSP. Comments may also be provided directly to the Court as part of the Fairness and/or Compliance hearings. The dates and times of the court hearings are publically noticed. Any ordinances that are adopted by the Township in order to implement any settlement agreement and/or the HEFSP will be subject to a public hearing before the Township Committee.
We invite you to view the Affordable Housing Forum conducted on November 7th, 2017, where the Township Attorney, Planner, and Attorney for the Planning Board elaborate on these issues: https://videoplayer.telvue.com/player/dOq9Id2CeToUfMBbg2VGYDWPZt1fbkIL/playlists/1091/media/305584
Developers who file a motion to intervene are asking the Court, which is handling affordable housing matters pertaining to a particular municipality, to be granted special status in the context of a Declaratory Judgment Action. The Court considers whether that potential intervenor can further advance the interests of low and moderate income households to obtain affordable housing, within the context of the Township’s Housing Element and Fair Share Plan. In Millburn’s case, temporary immunity has been granted to the municipality from builder’s remedy lawsuits while the Township pursues approval of its plan.
Information on the action taken by 85 Woodland Road, LLC., et al. v. Township of Millburn, et al. may be found in our Affordable Housing Timeline/Summary (PDF). Ordinance related to the action may be found here:
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You must be a registered voter in order to apply. A voter may apply for a Mail-In Ballot by mail up to 7 days prior to the election. They may also apply in person to the Essex County Clerk until 3 p.m. the day before the election. Note also that voters have an option of indicating on an application for a Mail-In Ballot that they would prefer to receive a ballot for each election that takes place during the remainder of the calendar year. Voters now have the option to automatically receive a Mail-In Ballot for each General Election. If such voter no longer wants this option, the Essex County Clerk's office must be notified in writing.
Police Records must be requested directly from the Police Department. Please send Police Department OPRA requests to firstname.lastname@example.org
Click the folder "Ordinances Pending Codification" to view.
Yes, a permit is required from the Engineering Department to replace the curb/ sidewalk/driveway apron/gutter. The footings/forms must be inspected before concrete is placed. The permit fee is waived for replacement, but is $25 for new curb or sidewalk. For curb and gutter work, where the contractor will have to cut into the roadway, a road opening permit is also required from the Department of Public Works.
No, replacement of the sidewalk is the responsibility of the property owner. A sidewalk permit is required, and the property owner can call the Department of Public Works to cut the roots of the tree before the new sidewalk is constructed.
A sump pump pipe may be discharged on your property far enough away from the foundation of the house so that the water does not seep back toward the foundation wall. The end of any drain pipe must be at least ten (10) feet away from the property line, and cannot damage or create a nuisance on any neighboring property. The water can also be discharged into an underground detention system such as a French drain or a drywell. If the Township storm sewer system is available in the roadway, you may connect a drain pipe directly into a nearby inlet or the underground pipe in the roadway. Connection into the Township’s system requires a permit from the Department of Public Works. Under no circumstances should a sump pump be discharged into the roadway.
Yes, if the scope of your project includes adding impervious coverage, such as a pool, patio, or building addition greater than 200 square feet, than a grading permit will be required from the Engineering Department in addition to building permits. A grading permit enforces the Township ordinances that govern soil erosion and sediment control, as well as drainage and site grading on the property. Drywells, or some other form of underground water detention system, are required when the proposed impervious coverage exceeds 200 square feet. A grading permit is also required for re-grading projects greater than 500 square feet that change the level of the yard.
You must submit a site plan with topographic contours showing the existing grade and the proposed grade. The retaining wall requires a permit from both the Building Department and the Engineering Department. If the wall exceeds 4 feet in height, engineering calculations are required from a NJ licensed professional engineer. Maximum allowable wall height is 6 ft. in side and rear yards, and 2 ft. in a front yard.
The Township has also passed two ordinances that affect development on private property. One is the Protection of Steep Slopes passed in 2010 and the other is the Riparian Zone passed in 2011, found online in Articles 6 and 7 of the Zoning Code, respectively.
There are maps available for review in the Engineering Department which show recorded easements on private property for storm sewers and sanitary sewers. You are generally not permitted to construct any permanent structure, such as a wall, patio, or a building within an easement. Easements usually contain underground pipes, manholes and/or inlets that provide access to the Township for maintenance of the sewer system. A fence crossing an easement is often permitted as long as the owner signs an indemnification, or “Hold Harmless” agreement with the Township. In some locations, the easement is for an open channel that carries storm water runoff, such as a ditch, stream or stone lined channel. A fence may not be constructed across an open channel.
The Township does not have any records of easements for public utilities such as JCP&L or PSE&G, and does not have records of private easements that may be on your property, but these may show up on your property survey.
Millburn Township is a participating community in the National Flood Insurance Program (NFIP) and the Engineering Department has the Flood Insurance Rate Maps published by FEMA. The flood zones are delineated on the maps and are available for inspection at Town Hall or online at https://msc.fema.gov. The Township Engineering Department can tell you what zone you are in. Flood insurance may be required by the lending company if your property is located in a flood zone; however the Township is not involved in that decision.
The Township does not provide flood elevation certificates. That is a service that may only be performed by a New Jersey Professional Land Surveyor.
The Township does not maintain records of private property surveys. You should have received a copy of your survey with your deed when you purchased the property. If you need your survey and don’t have a current one, you will have to hire a professional land surveyor.
Property line disputes are not arbitrated by the Township. These are considered to be civil matters that must be settled by the parties involved for process through the court system.
No, a permit is not required unless you are relocating the driveway or increasing the size of the driveway. If that is the case, then you will need to apply for a zoning permit.
Water may flow onto your property from an adjacent lot because of natural topography, meaning that your lot is at a lower elevation, or servient, to the upland or dominant property. You cannot change that flow to the detriment of the owner of the higher property. You must continue to accept water which flows naturally from properties located at higher elevations, but you can make improvements on your property to control and redirect the water with a drainage system on your property. The engineering department can make suggestions to help your situation, but a more complex plan will require the services of a design professional and possibly a permit from the engineering department.
If the owner of the higher property alters conditions on his or her land which increases the burden of the water flowage onto the lower property, the engineering department will work with the upland owner and/or contractor to remedy the condition.
When a site is under construction, soil erosion and sediment control measures are required as a condition of the approved grading permit. If those measures have failed and mud has flowed from the site, the contractor or property owner is responsible for the cleanup, including any mud that flows into the roadway. There are two ways to report this problem, either call Engineering or submit a concern on the Township’s SDL Portal. Engineering will contact the contractor to ensure the site is in compliance with the Township ordinances and to clean up the affected area.
The Department of Public Works is responsible for cleaning out storm sewer pipes and inlets in the roadway as well as sanitary sewers. If you notice leaf and/or stick debris obstructing the surface of an inlet, at your discretion, you may remove any buildup to prevent further blockage.
NJ American Water Company and PSE&G have been working throughout the Township to replace, clean and reline the service pipes in the road. These projects usually last several months and during construction, cuts in the roadway are repaired with temporary patches. At the end of these projects, the Township works with the utility company to identify which roadways will be repaved and to what extent. Questions about the schedule of utility work or complaints during construction may be sent directly to the companies themselves.
Fire suppression systems-sprinklers, standpipes, fire extinguishers and kitchen hood suppression systems all fall into this category and are required to be serviced/inspected annually. A service report from a servicing vendor is required to be forwarded to the Fire Prevention Division.
1. Property address which solar system is installed2. Name, address and contact information of the property owner (if different than occupant)3. The year the system was installed4. Number of photovoltaic system arrays5. Number of panels6. Location of solar photovoltaic system disconnect(s)7. Name, address and contact information of the installer responsible for service.
2. Residents without a permit who park in the train lots on a weekend and are “stranded” in the city are required to do the same.
Residents who are having work done such as paving a driveway are required to go to the Traffic Department at the Police Station and request permission to park on their street for that time frame.
Any residents who have long term visitors are required to go to the Traffic Department at the police station and log the visitor information.
To reserve a room in one of the community center, you must call Nina Petrilli at (973)564-7064 or e-mail at email@example.com. To see pictures of rooms for rent go to the Recreation Page and click "Forms, Schedules, Announcements" and then click on "Recreation Community Center Rental Information.
Submit a complaint by going to the RequestTracker link on the homepage, or call the Recreation Department at (973) 564-7097.
Call Nina Petrilli at (973) 564-7064.
A permit is not required if you are having less than fifty (50) people in your party, but can be obtained if desired. No services are provided. Please refer to the Township Ordinance Chapter VIII for park regulations. To reserve a picnic area in the park for groups of 50 to 125 people on weekdays only, or to reserve a room in the Bauer Community Center, contact Nina Petrilli at (973)564-7064. Residents only may apply for park or building reservations.
All offices are located at Town Hall, 375 Millburn Ave, Millburn NJ.
•Plastics 1, 2 and 5 •Glass •Bi-metal and aluminum cans •Corrugated (cardboard) •Mixed paper. View disposal instructions for common household items by using the Recycle Coach web application.
•Commercial or bulky waste •Grocery bags •Polystyrene (Styrofoam) – but can be recycled at the Public Works Yard •Plastic wrap, film plastics, and cellophane •Plastic bags •Food waste •Vegetative waste •Paper/foam plates and cups, tissues, paper towels •CFC-containing appliances •Electric scrap, such as alkaline batteries and light bulbs
Items should be placed loosely in the bin, with no plastic bags, and must be clean and dry. Single Stream recycling stickers can be picked up at the Dept. of Public Works and Town Hall. Blue or otherwise-designated recycling bins should be used to clearly distinguish recycled goods from ordinary household waste.
For a list of town roads by zone, view the Public Works Pamphlet (PDF).
You can mail a self-addressed stamped envelope requesting the form & instructions to: Essex County Board of Taxation 50 South Clinton Street, Suite 5200 East Orange, NJ 07018
Or you can download the forms & instructions at: www.essextaxboard.com
The filing deadline is April 1st of each year.