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2020 Census

1. When can I complete the census?: Households will receive an invitation to respond to the 2020 Census between March 12-20. There are additional reminders to respond that will be mailed throughout the month. You can respond online, by phone, or by mail. If a household does not respond to the 2020 Census, a census taker will follow up in person to collect their response. This will occur between May-July.

2. What questions does the 2020 Census ask?: The 2020 Census asks how many people are living or staying at each address. For each person, we ask about name, sex, age, date of birth, relationship, Hispanic origin, and race. We also will ask whether the housing unit, such as the house, apartment, or mobile home, is owned or rented, and for contact information in case additional information is needed. The 2020 Census is not asking citizenship status, your full social security number, money or donations, anything on behalf of a political party or your bank or credit card numbers.

3. How is census data used?: By law, the U.S. Census Bureau can use your responses only to produce statistics. 2020 Census results will help in directing billions of dollars in federal funds to communities for schools, roads, and other public services. Results from the 2020 Census will also help to determine the number of seats that each state has in Congress.

4. What happens to my responses?: We take our responsibility to protect your information very seriously. The Federal Cybersecurity Enhancement Act of 2015 ensures that your data is protected from cybersecurity risks. The Census Bureau is not permitted to publicly release your responses in a way that could identify you or your household. By law, the Census Bureau can use your responses only to produce statistics. If you respond online, all web data submissions are encrypted in order to protect your privacy. If you respond using a paper questionnaire, your completed questionnaire will be destroyed after processing.

5. Will my information be disclosed to other agencies?: No. Your information is completely confidential and protected by law and cannot be shared with any other government agencies, including law enforcement or immigration officials. Federal law (U.S. Code Title 13, Section 9) protects your privacy and keeps your answers safe and secure. By law, the U.S. Census Bureau can use your responses only to produce statistics.

6. Will the census form be available in different languages?

Yes. You can respond online in English and in 12 additional languages: Spanish, Chinese (Simplified), Vietnamese, Korean, Russian, Arabic, Tagalog, Polish, French, Haitian Creole, Portuguese, and Japanese.

The online questionnaire conforms with the latest web accessibility guidelines. There will also be a video in American Sign Language to guide you through responding online.

You can respond by phone in English, Spanish, Chinese (Mandarin and Cantonese) Vietnamese, Korean, Russian, Arabic, Tagalog, Polish, French, Haitian Creole, Portuguese and Japanese.

The paper form can be completed in English or Spanish.

7. How do I know whether someone works for the U.S. Census Bureau?: All Census Bureau workers carry official government badges that display a photograph, a Department of Commerce watermark, and an expiration date.

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Affordable Housing

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1. Where can I learn more about Millburn’s current Affordable Housing situation?

We invite you to view our Affordable Housing Public Forums.

November 7^th, 2017, where the Township Attorney, Planner, and Attorney for the Planning Board elaborate on Affordable Housing issues: https://www.youtube.com/watch?v=-r0EQ7s6qGU&feature=youtu.be
At its August 18, 2021 Township Committee meeting, the Township approved the settlement agreement with FSHC. A presentation was made at this meeting, outlining the settlement agreement. https://www.youtube.com/watch?v=mS1SrG7iQAk&t=8127s
On January 10, 2022 the Township held a Fair Share Housing Settlement Public Information Session. https://www.youtube.com/watch?v=uYpYxvB8Bwo
March 10, 2022 and April 27, 2022 the Township also hosted general Public Information Sessions on Affordable housing. https://www.youtube.com/watch?v=EsBfFVwj80E & https://www.youtube.com/watch?v=BcF2h8zTsQo
A Roundtable on overlay zones was conducted on May 5, 2022. https://www.youtube.com/watch?v=9Rb7cWxEOcY

2. What are the ways the Township can obtain compliance and repose from the courts for affordable housing?

At the January 17, 2023 Township Committee meeting, the township affordable housing attorney Jarrid Kantor outlined seven steps for compliance:

The Township Committee needs to endorse the Housing Element and Fair Share Plan that was previously adopted by the Planning board at the July 20, 2022 meeting;
Introduce and adopt the Canoe Brook Country Club overlay zoning ordinance;
Adopt a spending plan: a statutory requirement that details how funds will be used from the affordable housing trust fund;
Adopt a resolution of the Township’s intent to fund, stating the Township will step in to cover costs of compliance not available through the spending plan;
Adopt the affordable housing rental and sale operating manual to establish how rental and sales pricing is determined;
Adopt a redevelopment agreement with for the 11 Main Street site;
Adopt the rehab operating manual for the rental and sale of affordable units

3. What is the status of the 75 units of 100% affordable housing at the 11 Main Street development (a portion of the DPW facility)?: Per the results of the Case Management Conference held on January 13, 2023, Fair Share Housing was unwilling to renegotiate the terms of the 11 Main Street affordable housing development and stated the Township must move forward as the development is outlined in the August 17, 2021 settlement agreement— with the possibility of court enforcement through the implementation of a monitor.

4. Does Millburn have an Affordable Housing Plan?: Yes. Millburn Township is working toward compliance with the Superior Court in Essex County, with the expectation that the court will grant a Judgment of Compliance and Repose if all parties involved in mediation have agreed to a settlement. https://twp.millburn.nj.us/DocumentCenter/View/9121/

5. Is the Township required to provide an opportunity for Affordable Housing units?: Yes. All New Jersey municipalities are required to plan, zone and provide a “realistic opportunity” through their land 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.

6. How many units of affordable housing is the township obligated to provide and by when?

The settlement agreement with Fair Share Housing stipulates the following number of units as a set aside within these market rate developments: https://twp.millburn.nj.us/DocumentCenter/View/9121/

11 Main Street; 75 units
397 Millburn Avenue; 8 units
85 Woodland Road; 12 units
Woodmont Properties (Block 5302; Lot 4); 39 units
Annie Sez; 30 units
The Upton Short Hills; 30 units (fully built)

7. What is Affordable Housing?

Affordable Housing refers to households in which the total costs reflect no more than 50% of the median household income, or no more than 80% of the median gross household income for low and moderate household sizes, respectively. To be eligible for an affordable unit, applicants must earn a limited amount of income and have limited assets to be qualify as either a low or moderate income household. Low or moderate income housing in the State of New Jersey is typically not “subsidized” housing. These figures are determined by region; Millburn’s regional income limits for moderate, low and very low income can be found here.

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 be reasonably allocated to housing costs within a particular household size. Affordable housing 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.

8. 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 the efforts of NJ municipalities to comply with their affordable housing obligations. They have been granted “interested party” status in virtually all affordable housing litigation. In Millburn’s case, the Township negotiates directly with FSHC to settle our affordable housing obligations and obtain a status of compliance and repose from the courts. https://www.fairsharehousing.org/

9. What is an overlay zone?: An overlay zone expands the zoning in designated underlying areas and permits an additional use in those areas. In the case of an affordable housing overlay zone district, a property owner can continue to use the property as currently zoned or develop the property with multifamily housing, which would include an affordable housing component of 20%.

10. Why are the courts in control of determining Millburn’s affordable housing obligation?

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. The Supreme Court returned to the county trial courts the responsibility of determining methodology, affordable housing obligations and compliance with the constitutional obligations to provide this housing through land use ordinances, overlay zones and available inclusionary development opportunities. 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.

11. Will a court consider the economic impact to the community, including schools?: No. Courts will not consider the economic impact to a municipality, whether the impact is on schools or other infrastructure, services, traffic, etc. 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.

12. What is a builder's remedy lawsuit?

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 affordable units that are designated for low and moderate income. 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.

13. How can builder’s remedy lawsuits be avoided or defended?

A municipality can be protected from builder's remedy lawsuits by receiving a Judgment of Compliance and Repose, which generally provides a ten-year period during which the Township would be protected from any future builder's remedy lawsuits so long as Millburn complies with the court approved HEFSP and/or settlement agreement. 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 and Repose are effective until July 1, 2025 irrespective of when the Judgement is obtained.

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.

14. Are the developers obligated to keep the ‘affordable units’ permanent?: Affordable units are required to be deed restricted for at least thirty (30) years. These restrictions can be extended.

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B-4 Zone Restaurant Permitted Use

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1. Why is the township pursuing this change to the zoning code, and is it a positive for prospective restaurants seeking to open in Millburn?: The goal of this ordinance is to reduce the barrier of entry for restaurants seeking to open in the downtown. Currently, a restaurant attempting to open within the same property as a previous restaurant must go before the Planning Board or the Zoning Board. This process becomes costly, as they generally incur legal and other professional expenses as well as delays to the opening of the business. Changing restaurants from a conditional to a principal use will reduce the burden on prospective restaurant owners seeking to open in the downtown.

2. What is meant by the elimination of the 125-foot setback requirement?: Currently, a restaurant’s building in the B-4 zone must be more than 125 feet from the nearest lot line of a single family dwelling. There are five lots in the B-4 zone that abut a residential lot line. Eliminating this requirement eases the burden for restaurants seeking to open in these lots. The change to the setback requirement does not affect existing regulations for the B-3 and B-2 zones.

3. Are there other municipalities that include restaurants as a permitted principal use within their zoning code?: Yes! Summit, Westfield, and Cranford all specify restaurants as permitted uses in their downtown business districts.

4. Are restaurants exempt from other aspects of the Township’s zoning code?: No, restaurants must still comply with the remainder of the zoning code and other permitting requirements. This change solely adjusts their designation from a conditional use to a principal use. For example, the parking requirements for a new restaurant occupying the space of a former non-restaurant use must meet the parking requirements for that lot; if they don’t meet those specifications a Certificate of Occupancy will not be issued, and they must go before the Planning Board.

5. Does this permit drive-thru windows for food establishments in the downtown?: No, the ordinance specifically states that drive-thru windows will not be permitted.

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Clerk's Office

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1. How do I contact my legislator?: Please click here to access information to contact your Legislators for Millburn Township. Please click here to access information to contact your Congressional Representatives for Millburn Township. Please click here to access information to contact your Governor’s Office.

2. Do I register to vote in the Clerk’s Office?: The clerks office has Mail-In Voter Registration forms available, which must be received in the Essex County Commissioner of Registrations Office 21 days prior to an election. To view the application, please visit https://www.essexclerk.com/services/5
County website.

3. How do I obtain a Vote By Mail Ballot Application (formerly known as an Absentee Ballot)?: Anyone can Vote By Mail! The Clerk's Office has applications for a Vote By Mail Ballot, which may be picked-up or mailed to you, or you may go to the Essex County Board of Elections website https://www.essexclerk.com/services/6 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.

4. Where is my polling place?: You can find your polling place by visiting the Department of State website.

5. How do I obtain a Volunteer Interest Form to serve on a Township board or commission?: You can complete the, Volunteer Interest Form (Google Form) if you have any issues with the form please contact the Clerk's Office: 973-564-7092.

6. How can I get a Request for Public Records Form?: Please call the Clerk’s office to have one mailed to you or you can complete the OPRA through Next Request (CLICK HERE) Police Records must be requested directly from the Police Department. Please send Police Department OPRA requests to cwoods@millburntwp.org

7. Where can I find the most recently passed Township ordinances?: Click HERE to find Township Codes. Click the folder "Ordinances Pending Codification" to view.

8. My organization is having a raffle in the Township. Where can obtain a raffle license?: You can download the Organization Raffle Form (PDF), visit the Clerk’s office and pick them up, or go to Legalized Games of Chance website and print them out. Remember you must submit 4 copies with original signatures, the Legalized Games of Chance ID Form and appropriate fees.

9. Do I obtain marriage, birth or death certificates at the Clerk’s Office?: No, they are obtained at the Health Department. Please contact the Registrar of Vital Statistics at 973-564-7087.

10. How do I obtain a report of a list of Known Contaminated Sites?: Please visit the Known Contaminated Sites page on the New Jersey Environmental Protection site.

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Community Choice Aggregation

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1. What is a Government Energy Aggregation program?: Electric and natural gas service includes supply (sources/production of energy) and distribution (delivery of energy to homes and businesses). Currently, JCP&L provides both supply and distribution of energy. With an energy aggregation program, the Township of Millburn can pool (aggregate) the energy supply of residents to obtain a lower energy supply price from a third-party supplier than what JCP&L is currently charging.

2. What is a Renewable Government Energy Aggregation program?: A Renewable Government Energy Aggregation program is a Government Energy Aggregation program that incorporates an additional percentage of renewable energy, with the goal of a lower energy supply price.

3. Why establish a Renewable Government Energy Aggregation program?: With a Renewable Government Energy Aggregation program, Millburn residents could access a higher percentage of renewable energy supply than JCP&L at a lower price, making access to renewable energy safe, convenient, and affordable.

4. Who are Commercial Utility Consultants and Concord Energy Services?: Commercial Utility Consultants (CUC) and Concord Energy Services are energy consultants licensed by the New Jersey Board of Public Utilities (NJBPU). CUC and Concord have been retained by the Hunterdon Area Energy Cooperative and the Township of Millburn to administer and implement the HAEC GEA Program. CUC and Concord have been in business since 1975 and 1989 respectively, and currently support large-scale government energy aggregations in the State of New Jersey.

5. Do I have to participate in this program?: No. You can opt-out of this program at any time during the program with 30 days’ notice via www.njaggregation.us/HAEC, calling (877) 292-3904, or by returning the response card provided in the program mailer.

6. Will I be penalized if I do not participate in this program?: No. If you opt-out of this program you can stay with JCP&L or choose your own third party supplier.

7. Are there any fees to participate or not participate in this program?: No. There are no fees or penalties for you to be included in or opt-out of this program, even after it starts.

8. Who will read my meter and send the monthly bill if I enroll in the CEA Program?: JCP&L will continue to read your meter and send you your bill.

9. Who do I call for a power outage or I have questions about my monthly bill?: You will continue to call JCP&L for any emergencies, outages, or questions about your bill.

10. Am I going to have to pay more than one monthly bill if I am a part of this program?: No. You will continue to pay one bill directly to JCP&L. Your itemized bill will show the rate for distribution from JCP&L and the rate for supply from the new, lower cost supplier.

11. Will budget billing be offered as part of this program?: Yes. Budget billing is offered.

12. What happens if Millburn decides to not continue the HAEC program?: All residents will be sent back to JCP&L at the end of the initial contract period.

13. Will there be a change or disruption in my energy service?: No. You will see no change in service - JCP&L will continue to provide electricity and natural gas through the same wires and pipes, maintain energy infrastructure, and respond to emergencies. There will be no disruption of service if and when the supplier changes from JCP&L to a third-party supplier, or back.

14. Will the Low-Income Home Energy Assistance Program (LIHEAP) and Lifeline benefit programs for low income residents still apply if I participate in the Energy Aggregation Program?: LIHEAP is a federally-funded program administered by the Department of Community Affairs to assist low-income households with paying their heating bills. Lifeline or Universal Service programs are state-funded programs to assist low-income households with paying their energy bills. This program will not impact a customers’ eligibility for LIHEAP or bill credits for Lifeline or Universal Service programs.

15. If I have solar panels, can I be a part of this program?: Most third-party suppliers are not able to process the net metering portion of the solar credits at this time. It is recommended that you not participate in this program in order to prevent losing your credits.

16. If I already have another third-party supplier, can I be a part of this program?: You will not be eligible to participate in this program if you already have a third party supplier at this time. When your contract expires with your current third-party supplier, you can then choose to participate in this program.

17. What information will I receive about this program?: The Township of Millburn and CUC/Concord will send notices via the US Postal Service, maintain a website, and host several public meetings. Residents will receive at least 2 letters via U.S. Mail. The first letter will be an official informational packet from the Township of Millburn that provides program details. The second will be a confirmation letter from JCP&L stating you are participating in the program and the date your supplier will change from JCP&L to the new, lower cost supplier.

18. Will people be knocking on my door or calling me about this program?: No one associated with program, the HAEC, the Township of Millburn, or the third-party supplier will be knocking on your door or calling you, unless they are responding to a message that you left with customer service. Please be wary of anyone trying to obtain your information by solicitation. All program information is strictly sent via U.S. Mail and available the program website.

19. Can my information be sold to advertisers or energy companies?: No. All personal and account information, including your address and account number, is kept confidential.

20. Where can I get more information or answers to additional questions?: You can visit www.njaggregation.us/HAEC or contact CUC/Concord’s Customer Service Team at (866) 688-5197.

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Downtown Area Vision Plan

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1. How is this vision planning exercise different from others Millburn Township has done in the past? What’s the plan for implementing the plan?: This plan differs from other plans by not focusing on a particular outcome. The outcomes or recommendations of this plan will be largely determined by input from public participation and the Township’s hired consultant, Perkins Eastman. Previous efforts focused on redevelopment or traffic; this plan is meant to provide a path towards a reimagined downtown area. The plan will also provide a guide on how to implement the outlined vision. With concepts that can be categorized as short, medium and long-term, it will provide specific changes that can be accomplished by the Township. Implementation of plan recommendations can be outlined like a strategic plan, with milestone dates set for pursuing a particular outcome. Some recommendations will be quicker than others depending on complexity. For example, recommendations for zoning changes can move faster than a proposed River walk concept.

2. With so many vacancies, why aren’t we focusing on the 500 block, “Upper Millburn Ave” in the Vision Plan?: Unfortunately, vacancies are not just limited to “Upper Millburn Avenue.” We understand that there is a need to re-envision other areas of the Township; however, the Township had to choose an area to start. Any success in the downtown vision plan will encourage similar studies elsewhere, inclusive of “Upper Millburn Avenue”.

3. Is this plan going to affect the Township’s schools?: The vision plan will not have a direct impact on schools. School officials have been part of this process to determine any concerns or needs of the district. In particular, Middle School, High School and Washington School officials have all been directly interviewed by Perkins Eastman, because of their proximity to and student usage of the downtown. If there are any recommendations for development, residential or commercial, the Township will carefully weigh any potential impact on the school system.

4. How is the Township going to pay for any of the recommendations that come from the Downtown Area Vision Plan?: The Township Committee will review proposed concepts advanced through the vision plan, and prioritize those which would have a direct and beneficial impact to the area. Once this is determined, and cost estimates are produced, a determination of how these efforts can be financed will be made. The type of financing will largely be determined by the type of work and overall cost. Financing options include short-term bond anticipation notes, long-term financing, and financing sought via commercial or mixed used development. Grants may also be applicable to much of the proposed work. For example, bike paths or green infrastructure could be financed through grants focused to advance these types of projects.

5. In the event of construction, how are disruptions going to be mitigated?

There are three ways that construction disruptions can be mitigated;

Communication – communicating early and often about work to be completed will help prepare for any disruptions. Additional solutions may include a dedicated public relations effort specific to the project.
Small bites – ensuring that any construction work is done in small increments will help avoid large disruption areas or protracted timing of any work in a particular area. This will keep one store or block from being impacted for prolonged period of time.
Off-peak work – completing work during off-peak hours or days. No time is a perfect time for construction, but conducting work at off-peak times can help reduce construction impact and should be seriously considered when bidding any projects.

There may be other methods to reduce construction disruption and increase communication with Downtown businesses and the residential community.

6. How is this different from the 2018 Master Plan that also had a public survey and meetings?: A Master Plan document tends to provide overarching high-level goals for a municipality. For example, a Master Plan may identify “increased pedestrian and bike mobility in the Downtown” as a goal. This vision plan will suggest that a bike lane can be placed on Essex Street with increased connectivity between the parking deck and Millburn Avenue by wayfinding and moving the pedestrian crosswalk on Essex Street, as an example.

7. We have no “Senior Housing” in Millburn Township. Will the vision plan address this need?: Yes. The lack of senior housing or an ability for our residents to age in place has been an ongoing discussion point. It is very important that any discussion of residential or mixed use development includes consideration of age-restricted housing. It is an unmet need of our community and will help ensure that our residents wishing to continue to enjoy all Millburn has to offer after a “downsize,” have an option to do so.

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Engineering Department

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1. Do I need a permit to replace the curb/sidewalk/driveway apron/gutter in front of my house?: 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.

2. The roots from a Township tree have lifted the sidewalk in front of my house. Will the Township replace the sidewalk?: 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.

3. Where am I permitted to discharge sump pump drainage?: 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.

4. I am planning an addition/alteration project at my house. Does the work require a permit from the Engineering Department?: 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.

5. I want to re-grade my property and construct a retaining wall in order to create a level lawn area. What permits are required and what type of plans must be submitted?

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.

6. I have been told there may be an easement on my property. How do I find out what the easement is for and how does that impact my property?

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.

7. How do I find out what flood zone my property is in? Do I need flood insurance?

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.

8. Can I get a copy of my survey?: 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.

9. What will the Township do if I believe that my neighbor has infringed on my property? For example, if they removed vegetation, or disturbed my fence?: 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.

10. Do I need a permit to repave my driveway?: 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.

11. What can I do if I have water coming onto my property from a neighbor's property?

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.

12. The property next to my property is under construction and mud from their site has flowed into my yard. Who do I call to clean it up?: 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.

13. The inlet in the street is blocked and water floods the roadway during heavy rain storms. Who cleans out the inlet?: 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.

14. The utility company was working on my street and the pavement has not been repaired. Will the roadway be repaved?: 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.

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Fire Prevention

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1. How do I schedule a CO Inspection for the sale/rental of my home?: Call 973-564-7043 to schedule your inspection. Home Inspections are done on Tuesdays and Wednesdays starting at 9:30am. Once the inspection is completed and passed please call the above number to schedule your pick-up at Millburn Fire HQ, Administration Office. Payment is required for the certificate.

2. Is there a fee for a CO Inspection?: Yes. The time frame and amount of re-inspections required will determine the final fee for your certificate. Please call 973-564-7043 for your total amount due.

3. Where do I get information on proper detector placement to prevent an inspection failure?: See the Fire Prevention Sub-page of this website, here you can find an updated version of the state requirements.

4. Does a CO Inspection Certificate expire?: Yes. The CO Certificate is good for 6 months from the date of the inspection.

5. I own an apartment. How often do I have to have an inspection?: Every time a new tenant is moving in an inspection must be completed and passed. Failure to do so can result in additional fines. Note: the tenant cannot move in until the CO has been submitted.

6. Can I place the fire extinguisher in a cabinet or closet?: No. The extinguisher must be mounted 5 feet or less from the floor in the kitchen, visible and readily accessible. It must be near a room exit or travel path that provides an escape route to the exterior. Failure to do so will cause an inspection failure causing additional fees.

7. What size Fire Extinguisher is required?: The size must be no smaller than 2A:10B:C and weigh no more than 10 lbs.

8. I have an unfinished Attic. Is a smoke detector needed?: No detector is needed in the attic if it is not finished.

9. How many Carbon Monoxide Detectors are required?: Detectors must be installed outside of the bedroom/sleeping areas, in the hallway within 10 feet of all bedroom doors.

10. I have a Central Station alarm system but it is not hooked up or no longer working. Can I just install battery detectors in its place?: No. Dwellings with existing hard wired or low voltage (Central Station) fire detection systems must be maintained to the same level as the original installation. Any portion of an existing system not serviceable or repairable must be replaced.

11. How do I prepare for my inspection?: To avoid additional fees, go to the Fire Prevention section of this website and read the CO Requirements form. If you have a Central Station alarm, 15 minutes prior to the inspectors arrival, the alarm company must be notified that the alarm system will be put on test for 30 minutes. You will need your alarm code in order to turn off the system. Fire Prevention CO Requirements

12. What is the House Number Ordinance?: All house numbers must be in numerical form and the address must match the tax records. If the number is not clearly visible and legible from the street, supplemental numbering will be required. The numbers shall be 4 inches high on a contrasting background.

13. Why do we conduct inspections?: The mission of the Millburn Fire Department is to enhance public safety, fire hazard awareness and reduce fire department operational risks through fire safety inspections, public education and fire safety advocacy.

14. Do I need to register my business with the Fire Department?: It is required by law that all businesses register with the Millburn Fire Department when first established.

15. What do we look for when we inspect your establishment/store?: Key elements that are imperative to the safety of an establishment are: fire detection systems-smoke detectors, heat sensors and manual fire alarm pull stations are a few components of this type of system. Required systems, must be serviced/inspected annually.
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.

16. I have a finished basement (recreation area). Do I need a Carbon Monoxide Detector?: Yes. Detectors must be installed in any finished basement or recreation area.

17. I'm getting Solar Panels. Does the Fire Department need to know?: The State of New Jersey requires all solar panel installations be registered with the local fire department. You must contact the Millburn Fire Department at 973-564-7000. The information required must include the following:
1. Property address which solar system is installed
2. Name, address and contact information of the property owner (if different than occupant)
3. The year the system was installed
4. Number of photovoltaic system arrays
5. Number of panels
6. Location of solar photovoltaic system disconnect(s)
7. Name, address and contact information of the installer responsible for service.

18. Does the Fire Department offer tours?: Yes. We offer tours to children ages 2-12 and Township social groups. Please call 973-564-7043 to book your tour and get more details.

19. Does my commercial building require a Rapid Access Key Box (KNOXX Box)?: Rapid Access Key Boxes are to be installed on all buildings with "automatic fire alarm systems", and buildings with "automatic fire suppression or standpipe systems."

20. What type of Rapid Access Key Box is required for my commercial building?: We recommend the black, surface mounted 3200 series Knox Box with the lift off door for most buildings.

21. Where do I get a Rapid Access Key Box for my commercial building?: All boxes need to be ordered via Knox's "eApproval" process. Knox Box Form

22. Why does my commercial building require a Rapid Access Key Box?: The purpose is to allow the Fire Department personnel immediate access to your building during an emergency. Master keys are provided to authorized fire department personnel only. The key is unique to Millburn Township.

23. How to I pay for a Fire Lane Violation and what is the fee?: The fee for a Fire Lane Violation is $50.00. Please bring a check made payable to Millburn Township to the Millburn Fire Department, Administration Office, 459 Essex Street, Millburn within 30 days of receipt.

24. How do I pay for a Residential Smoke and Carbon Monoxide Fire Inspection?: After your inspection is complete, you will receive a form confirming you passed. Call 973-564-7043 to make arrangements for pick-up. Please bring your form along with a check made payable to Milburn Township in the amount indicated to the Millburn Fire Department, Administration Office, 459 Essex Street, Millburn.

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General Township Concerns

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1. How do I report a street light that is out or damaged?: Click here to report a street light that is out or damaged, directly to JCP&L.

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Land Use & Permitting

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1. What is a building permit required for?

A building permit is required for everything that is not considered an ordinary repair or maintenance. Permits are required for finishing basements, decks, raised patios, swimming pools, renovating bathrooms & kitchens, water heaters, sheds, gazebos, new electrical wiring and new plumbing installations. A building permit is required whenever you are constructing, moving, altering, converting, improving, repairing or demolishing a structure in any area of the Township. It applies to work on the interior as well as exterior of the structure. Work covered by the building permit must be inspected by the Township before the project can be considered complete.

Please note that this list is not all-inclusive; contact the building department with any questions regarding building permits.

2. What happens if I am caught working without a permit?: A penalty of $2,000 is assessed. Any work completed may require removal.

3. How much do permits cost?: Permits are calculated based on the project and in accordance with the construction code fee schedule, which can be found in the town codes. Building Permit Fees depend on the valuation of the work to be completed including labor and materials. Fees are charged per permit — for example, you’ll pay one fee for an electrical permit, and another for a plumbing permit. Permit Fees can be paid by check or exact cash at Town Hall, or through mail.

4. When are inspections required for new buildings, alterations, additions, and renovations?

1. Footing Inspections, Bottom of Trench- Prior to pouring of concrete.

2. Foundation Inspection- Prior to placement of backfill. Note: A Final Approval of the foundation will not be made until and As-Built Location Survey of the foundation is prepared, signed and sealed by a Licensed Land Surveyor and submitted for zoning review and approval.

3. Slab Inspection- Prior to the placement of concrete.

4. Sheathing Inspection

5. Electric Inspection- Rough Wire.

6. Plumbing Inspection- Rough Installation.

7. Framing Inspection- After rough plumbing/rough electric inspection but prior to insulation installation.

8. Insulation- Prior to the Installation of Sheetrock.

9. Final Plumbing, Electric, & Fire Inspections.

10.Final Building Inspections- After Final Plumbing, Electric, and Fire Inspections are completed and approved.

5. Will I be able to schedule an inspection the same day I make the request?: No. Every inspection is unique and some may take longer than others. When the department schedules your inspection, you will receive the soonest available appointment date. Inspections can be scheduled on the SDL Portal. Inspections are conducted Monday through Friday between the hours of 9:00 a.m. and 1:00 p.m.

6. What if I have an old permit for which I never scheduled an inspection?: Call the office and schedule the inspections. No penalty will be incurred. If you are cited for not obtaining final inspections the penalty will be $2,000.

7. How do I obtain a building permit?

To obtain a permit, you must hire a contractor licensed in the State of New Jersey. Residents also have the option to perform the work themselves. Applicants will be required to provide proof of ownership to take on the liability if performing the work themselves. All Applicants will need to submit the required paperwork, and pay a fee. Residents also have the option of performing the work themselves. Gather your materials and copies to complete the permit application and bring it to the Building Department. All copies of the electrical, plumbing, and mechanical technical sections must be sealed by the corresponding licensee. Please provide one original plus three photocopies of each completed applicable form. For any originals that are required to have a raised seal, the photocopies are also required to contain this raised seal. In other words, fill out one form and photocopy it, then seal the original and all copies.

Permits are issued in person at Town Hall and inspections are scheduled when the permit application is approved and the permit fee is paid.

Most people hire an architect or designer to draw their plans; however, for small projects, you may wish to submit drawings yourself. Please ensure that drawings submitted are to scale and clear enough that we may fully understand the work.

8. What does the Zoning Official do?: The Zoning Official issues zoning permits for all site improvements, as well as all necessary zoning approvals, in accordance with the Township Zoning Ordinance, required prior to the issuance of a building permit. The Zoning Official is the Administrator for the Millburn Township Board of Adjustment.

9. Do I Need Zoning Approval?: Zoning approvals are required for all exterior building and site improvements and for all changes in use or tenancy of any rental space, building, or property. Zoning approval and related building permits are required for most projects. Please contact the Building Department if you are unsure as to what approvals and permits will be required for your projects.

10. What is the Uniform Construction Code?: The Uniform Construction Code is administrated by the Construction Official, and includes the Building, Electrical, Plumbing, and Fire subcode officials and inspectors, which serve to enforce the various codes adopted by the Uniform Construction Code. Building permits are required for most projects in strict accordance with the requirements of the State of New Jersey Uniform Construction Code, N.J.A.C. 5:23.

11. Do I need Historic Preservation Commission Approval?: If you live within the Historic District, you may need approval from the Historic Preservation Commission for work. Check your property status through the SDL Portal.

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OEM

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1. What is a State of Emergency?: The Governor declares a State of Emergency when they believe a disaster has occurred or may be imminent that is severe enough to require State aid to supplement local resources in preventing or alleviating damages, loss, hardship or suffering. This declaration authorizes the Governor to speed State agency assistance to communities in need. It enables them to make resources immediately available to rescue, evacuate, shelter, provide essential commodities (i.e., heating fuel, food, etc.) and quell disturbances in affected localities. It may also position the State to seek federal assistance when the scope of the event exceeds the State's resources.

2. What should you do if a State of Emergency is declared?: Stay informed! The best thing you can do is to be informed about what is actually going on. You can do this by staying tuned to local media, as well as checking Millburn's website and social media to see how your area is affected.

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Parking

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1. Can I park my car overnight?: As per the Township Ordinance there is no overnight parking on any street or in any lot from 2:00am to 6:00am. The only exception would be for the 24 hour permit holders. This permit is issued to Township residents in Millburn or Short Hills who rent apartments and are not provided a parking space. This permit is never issued to residents for the convenience of parking overnight on occasion.

2. What do I do if I need to park my car overnight?: 1. Residents with commuter permits who cannot make it back to town on occasion are required to call the police desk (973)564-7001 and request special permission to leave the car in the lot.
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.

3. I am having construction done on my driveway and need to park on the street, what do I do?: 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.

4. What if I have a guest/visitors staying overnight/for a long period of time?: Residents who are having an overnight guest for up to three nights should call the desk (973) 564-7001 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.

5. If I am not a resident, where can I park for the train?: Millburn does not have any non resident day parking for the trains. Summit and Maplewood offer day parking for the public.The City of Summit offers both long term non resident commuter permits and overnight options.

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Recreation

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1. Where do I go to find information on Recreation Department programs?: Information on programs and registrations can be found on the Recreation Department webpage. Millburn Recreation

2. How do I sign up for Recreation programs?: You can go to the recreation website then click “For Online Recreation Registration”. (First-time users will have to provide appropriate family info and select a user name and password in order to reuse the system in the future). You may also visit Town Hall to register for programs with cash or a check.

3. How do I register to join the pool, golf or tennis?: Beginning March 1st register online or download the form from the Recreation website and mail it in. The Township will also send one mailing around March 1st which includes an application.

4. Where can I find my son or daughter's game schedule?: Game schedules, times and locations can be found on the Recreation Page . “Click Here for Recreation Registration Forms, Schedules and Announcements" and then scroll down to League Schedules.

5. How do I reserve a park or school field?: To reserve a field, you must call Neal Healy at (973)564-7099 or e-mail at nhealy@millburntwp.org

6. How do I reserve a room in the Bauer Community Center at Taylor Park or Gero Park Recreation Center?: To reserve a room in one of the community center, you must call Nina Petrilli at (973)564-7064 or e-mail at npetrilli@millburntwp.org. 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.

7. How do I reserve a tennis court?: Contact the Recreation Department by phone at (973) 564-7097 or in-person at Town Hall.
More information can be found on the Recreation page.

8. I have a complaint about litter in the park, a broken playground piece, an unsafe condition or a maintenance problem in a park. What do I do?: Submit a complaint by going to the RequestTracker link on the homepage, or call the Recreation Department at (973) 564-7097.

9. I have a complaint about a coach, a staff member or an official. What do I do?: Submit a complaint by calling the Director, Bob Hogan at (973) 564-7095 or Assistant Superintendent, Neal Healy at (973) 564-7099.

10. When will I get paid/reimbursed by the Recreation Department?: Call Nina Petrilli at (973) 564-7064.

11. Do I need a permit to hold a party at a Township park?: 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.

12. Who works at the Recreation Department and how do I get hold of them?

Director Bob Hogan: rhogan@millburntwp.org (973) 564-7095 l
Asst. Superintendent of Recreation Neal Healy: nhealy@millburntwp.org (973) 564-7099
Recreation Dept Admin. Clerk Nina Petrilli: npetrilli@millburntwp.org (973)564-7064 .
Program Supervisor Chris Myers cmyers@millburntwp.org (973) 564-7750.

All offices are located at Town Hall, 375 Millburn Ave, Millburn NJ.

13. Who do I call with a Registration or Community Pass (the Recreation Department’s online registration system) question?: Contact the Customer Service Dept. at Town Hall at (973) 564-7097 or email Recreationdept@millburntwp.org

14. How do I contact the Pool of Golf Course directly?: The Pool office number is (973) 376-3822 and the Golf Course office number is (973) 379-4156. Note: People only pick up at these numbers when the facilities are open to the public.

15. What are the Pool and Golf course hours of operation and what are the facility rules?: For Pool and Golf information go to recreation website
and click forms schedules announcements and then click on Pool, Golf & Tennis Membership Information – Residents Only and scroll down and look for Pool Rules and Golf Rules

16. How do I know if a Recreation program or field is cancelled/postponed or closed?: Call the Recreation Info Line at 973-564-7096. If there are any cancellations on the weekdays the info line will be updated by 4:30pm. Weather-related decisions after 4:30pm will be made on site by a supervisor or official. On Saturdays, the info line will be updated by 8:00am. On Sundays the info line will be updated by 10:00am.

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Recycling

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1. What is Single Stream recycling?: Single Stream recycling allows residents to put all recyclable materials in the same bin at the curb. This includes plastics 1-5 and 7, glass, bi-metal and aluminum cans, cardboard, and mixed paper. To ensure that your recycling is collected properly, please place items in a clearly-marked recycling bin. 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.

2. Am I required to recycle?: Yes! The New Jersey Statewide Mandatory Source Separation and Recycling Act of 1987 mandated that municipalities adopt a mandatory source separation and recycling ordinance. It also required counties to develop their own recycling plans. Essex County Solid Waste Management Plan (2006)

3. Which recyclables are accepted curbside?: •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.

4. If the material contains food, can I still recycle it?: No. Recycled materials must be clean and dry, with no food scraps. Materials that contain food will be turned away at the Waste Management municipal recycling facility in Newark, where Millburn’s recyclable materials are sent.

5. Which items cannot be collected Single Stream at the curb?: •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
Millburn’s Do’s and Do Not’s of Recycling

6. Does the Public Works Yard accept recyclables?: All Single Stream recyclables must be collected at the curb, but some other recyclable materials can be brought to the Yard:
• E-cycling (computers, televisions, cell phones, etc.)
• Polystyrene (Styrofoam-must be clean and dry. No packing peanuts)
• Tires
• Used engine oil
• Clothing
• Herbaceous waste

7. Is polystyrene (Styrofoam) collected at the Public Works Yard?: Yes! There is a large container clearly marked for the collection of polystyrene. All polystyrene must be white, clean, and dry. Not accepted are egg containers, parking peanuts, materials that have tape, stickers, or cardboard attached, and any items that are wrapped in plastic or paper.

8. Where can I recycle plastic bags?: Plastic bags can be dropped off at select retailers and grocery stores. For a complete list of retailers that have plastic bag recycling drop offs visit plasticfilmrecycling.org plasticfilmrecycling.org

9. How should my recyclables be prepared at the curb?: 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.

10. What day is my recycling picked up?

Zone 1: Monday
Zone 2: Tuesday
Zone 3: Wednesday
Zone 4: Thursday
Zone 5: Friday
Zone 6: Saturday

For a list of town roads by zone, view the Public Works Pamphlet (PDF).

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Revised Special Improvement District Ordinance

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1. There are by-laws referenced in the ordinance. Are these bylaws available for review?: Initial bylaws were approved by the SID Board of Trustees at their first meeting on September 10, 2020. They are being reviewed by a sub-committee for potential amendments. Please click here (PDF) to read the initial bylaws.

2. What is the source of economic stimulus funds referenced in Section 15?: There is no particular source established, solely the ability to use funds that are received by the corporation. This could include funds from grants, the Township of Millburn or direct donations to the organization.

3. Is the Board of Trustees subject to the Open Public Meetings Act?: Yes. The Board of Trustees meetings will require proper notice, public comment and any other provisions under the OPMA.

4. What are the changes in the revised Special Improvement District Ordinance?: There are several changes from the original ordinance in 1992, including the establishment of a Board of Trustees, consisting of 7 members appointed by the Township Committee. Previously this was done through bylaws of the district management corporation bylaws. The ordinance also changes the SID district to include the B-2, B-3 and B-4 districts of the Township of Millburn. More information can be found in the linked presentation here.

5. What will happen if a property owner decides not pay the SID tax assessment?: If there is delinquency of a SID assessment tax, the same procedures for a lack of a property tax payment would be required. This would include delinquency fees, a lien on the property and potentially a tax sale.

6. Can the new district management corporation be dissolved?: Yes, however the dissolution of the district management corporation would be a two-step process under the new ordinance. It will require the Board of Trustees to agree to dissolution, followed by approval from the Township Committee to dissolve the organization.

7. What is the budget process?

The budget process of the SID would remain the same, with the exception that its timing would generally run in conjunction with the Township’s budget process on a calendar year. A budget will be required to be submitted by January 15^th of each year. Here is an excerpt from the ordinance of the budget process.

“The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Township Committee of the Township. The procedure shall be as follows:

(i) Introduction and approval;

(ii) Public advertising;

(iii) Public hearing;

(iv) Amendments and public hearings, if required;

(v) Adoption.”

8. Why does the draft ordinance allow for the Township to purchase, lease, and manage property within the Special Improvement District?: All powers and duties enumerated for the District Management Corporation are outlined by Statute and have always been included in the Special Improvement District ordinance. This section has not been edited. That is not to say that it cannot be edited if there is concern over certain permitted powers and abilities of the District Management Corporation.

9. Why is the SID ordinance being discussed now, while residents cannot physically be present in the building due to the current public health crisis?

By discussing the ordinance now it allows the township to put the proposed SID in motion, to be able to operate in 2021. In the draft Special Improvement District ordinance, a tax would not be collected until the budget is formally adopted, which would occur in the 2021 fiscal year.

Meetings are permitted by the Division of Local Government Services to be done remotely through platforms such as ZOOM, Webex, livestreaming or others that allow the public to participate in the public comment portion of a meeting.

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Single Use Plastics Ordinance

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1. When does the law go into effect?: June 12, 2020.

2. Why do we need a plastic reduction law in Millburn Township?: Single-use disposable plastics are a major source of litter and pollution in our environment. They do not biodegrade and are extremely difficult to recycle. Our recycling facility does not recycle them. They are most frequently used once for a brief period of time before being discarded. Paper bags are also extremely harmful to the environment due to the amount of energy and water used to produce them, and the energy used to transport them. The law is meant to encourage the use of reusable rather than disposable bags, containers and straws, thereby contributing to a cleaner, healthier environment.

3. Is the problem really that bad that we needed this law?: Yes. Plastics will remain in the environment for hundreds of years or more. They destroy wildlife, clog storm drains, end up in waterways and the oceans and fill landfills. If placed in your curbside trash, they increase the Township’s waste stream. The production of paper bags is a large contributor to climate change. This law is protecting our environment and health by moving away from our “disposable” habit to a “reusable” one.

4. Why is there a charge for paper bags and reusable bags?: The 5-cent fee for paper bags and at least 10-cent fee for reusable bags will encourage customers to bring their own bags. Prior to being given a paper bag or reusable bag, a customer must be asked whether they want a bag, and be informed of the fee. The bag fees must be included separately on the customer’s receipt. Retailers will keep the fee to offset any bag costs.

5. What about “biodegradable” or “compostable” plastic bags? Why not use them?: Studies have shown that these types of bags do not effectively disintegrate. A far more important point is that these bags are disposable and thus, counter to the objective of reducing the amount of waste and pollution in our environment.

6. Why aren’t paper bags banned?: One of the objectives of the law is to promote the use of reusable bags by reducing our dependence on single-use bags. This law will reduce the number of single-use plastic and paper bags used in Millburn Township. However, if shoppers forget their bags they will still have the option of using paper bags (for a fee of 5-cents) to carry their purchases out of the store if the retailer has chosen to make paper bags available.

7. Are any types of plastic bags allowed to be used or sold by retailers?

The following are Exemptions to the law:

(a) Plastic bags used inside the retail establishment to:

Package bulk items, such as fruit, vegetables, nuts, grains, candles, or small hardware items;
Contain or wrap frozen and non-frozen foods, meat, or fish, whether packaged or not;
Contain or wrap flowers, potted plants, or other items where dampness may be an issue;
Contain unwrapped prepared foods or bakery goods;
Contain pharmacy prescription bags, or
Contain articles of clothing in garment bags.

(b) Newspaper bags, door-hanger bags, laundry and/or dry cleaning bags, or bags sold in packages containing multiple bags intended as food storage bags, garbage bags, yard waste bags, or pet waste bags.

8. Are retailers prohibited from selling multi-bag packages of sandwich bags, garbage bags or pet waste bags?: No. These may still be sold. The law only applies to carryout bags at the “point-of-purchase” (think cash register).

9. Am I allowed to use my own bags, including plastic bags, in a store?: Yes. You are encouraged to bring your reusable bags with you every time you shop, not just in a grocery store. You may bring a bag made from any material, including plastic.

10. Aren’t some reusable bags made from plastic?: Reusable bags can be made from a variety of materials such as canvas, woven synthetic fibers, or thick plastic that is more durable than disposable plastic bags, allowing multiple uses. Many times reusable bags contain recycled plastic. Even when made out of plastic, reusable bags significantly reduce the environmental impact created by single-use bags.

11. Are reusable bags safe to use? Do they carry germs or bacteria?: The good news is that reusable bags can be washed and cleaned. If using a cloth bag, these bags can be included in a load of laundry. If the reusable bag is made of plastic, these can be wiped down with a disinfecting cleaner.

12. Can retailers force me to pay for a bag?: You cannot be forced to buy a bag. However, if you choose to use a paper bag or a store’s reusable bag you must pay the fee imposed by law. The bag fees are imposed by Millburn Township through the Ordinance. The retail operators must follow the law and collect the bag fee. You are strongly encouraged to bring your own bags.

13. What will I use if I forget my own bags and do not want to pay a bag fee?: You do not have to use any bags at all. Bags are not required. (Think big box store) You may also use other types of containers.

14. How do I remember to take my bags with me?

Creating this new habit may take a little time and practice. Some simple suggestions to help you remember to bring your bags are:

Keep reusable bags in your car and/or purse;
After unpacking your purchases immediately return your bags to your car, or leave them where you will see them the next time you go to your car;
Place your car keys in one of your bags;
Write a reminder at the top of your shopping list;
Go back to your car once you realize you’ve left your bags there;
Ask your retailer to post signs in the parking lot and near the store entrance.

15. What if I need a straw to drink my beverage?: You may ask for a straw at any retailer that has them available for customers. Retailers are not required by law to have straws available. The retailer must not ask you your reason for requesting a straw. If you need or prefer to use a straw, you are encouraged to bring a reusable straw with you.

16. Where can I obtain a copy of Ordinance No. 2547-19?: Click on this link and you will be directed to the Ordinance (PDF).

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Tax Assessor

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1. How can I file a tax appeal to contest my current assessed value and when is the filing deadline?

Tax Appeal forms can be obtained in two ways:

1. You can mail a self-addressed stamped envelope requesting the form and instructions to:

Essex County Board of Taxation

495 Dr. Martin Luther King Jr. Blvd., Room 230

Newark, NJ 07102

2. Or you can download the forms and instructions at: New Jersey Essex County Tax Board (essexcountynjtaxboard.org)

The filing deadline is April 1st of each year.

2. Will taking out a permit to do work on my property generate a change to my current assessed value?: It can. Our office gets copies of all of the permits from the Building Department as well as other sources and after we inspect the changes a determination is then made as to whether or not a value change is warranted.

3. What are my taxes? When are my taxes due?: Those questions should be directed to the Tax Collector’s office (973) 564- 7084

4. Does the Assessor’s Office have a copy of the survey of my property?: The Assessor’s office does not keep copies of surveys. It is the responsibility of the homeowner to maintain a copy for their records.

5. What is an Added Assessment?

The Added Assessment Law permits the valuation of real property which becomes taxable during the year after the regular assessment date (which is October 1^st of the previous year).

There are two situations that typically trigger an added assessment:

New structures, additions to existing structures, and improvements of existing structures are subject to the Added Assessment Law if they are completed after the statutory annual October 1^st assessment date. A structure is “completed” when it is substantially ready for the purpose for which it was intended. The structure need not actually be in use; it is taxable when it is ready for use. If the assessed value after completion is greater than the assessed value before (as of October 1^st of the previous year), an added assessment based on the difference must be made. Added assessments are effective as of the first day of the month following completion. The added assessment period will be pro-rated for the current year based on "completed" date. The full change of the added will be effective for the next tax year (unless the current year added is effective for 12 months).
Real property which ceases to be exempt because of changes in use, ownership, nonprofit status or anything which alters the basis for exemption, may make the property subject to the Added Assessment Law.

Helpful Tips:

When you receive a building permit, expect visits from both the Tax Assessor and the Construction Code Official as their duties require.
Home improvements (whether permitted or not) may be subject to added assessments.

In late summer of the current tax year, the Tax Assessor's office sends an added assessment notification letter to any property owner whose property will be subject to an added assessment. Please call or email the Tax Assessor's office to discuss the details of any added assessment you may be subject to or receive notice of.

If you disagree with the added assessment that is placed on your property, you can appeal to the Essex County Board of Taxation or State Tax Court by filing a petition prior to December 1^st of the current tax year.

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Tax Collector's Office

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1. When are taxes due?: Taxes are due quarterly.
First Quarter - February 1st
Second Quarter - May 1st
Third Quarter - August 1st
Fourth Quarter - November 1st

2. What is the grace period?: Millburn Township has a 7 day grace period. All payments must reach our office by the 7th.

3. Can I pay taxes with a credit card?: No. Taxes can be paid with a debit payment from your checking account online or in cash or check in the Tax Office.

4. Do property taxes have to be paid if an appeal is filled?: Yes.

5. How can I claim a senior citizen and/or veteran property tax reimbursement?: The senior citizen and veteran (including widow/er of a veteran) property tax reimbursements are $250 for each. Applications are available at the Tax Assessor's Office.

6. What happens if I pay my mortgage off?: Please notify the tax office that you are responsible for paying your taxes and request a copy of the tax bill.

7. What happens if I sell my property?: If you no longer own this property please forward the bill to the new owner or return it to the tax office.

8. Can I post date my check if I am traveling?: No post dated checks will be returned .

9. Where do I mail my taxes/sewer bill?: Millburn Township
375 Millburn Ave
Millburn NJ, 07041
Attention Tax Collector's Office

10. Who do I make the check out to?: Township of Millburn.

11. How is my 3rd quarter tax bill calculated?: First half billing (February and May) is half of the prior year tax as an estimate going forward each year. Millburn Township estimates a tax rate to bill the third quarter taxes as Essex County does not have their budget complete at this time. Once we have a certified tax rate from the County we calculate the actual taxes for the year, subtract the first three quarters and reconcile in the fourth quarter. All County Board tax appeals are processed as credits to the fourth quarter once the judgments are received. The first half of 2018 will be half of the 2017 total taxes and the billing cycle starts over again. Contact the Tax office if you require further clarification and ask for Jessica or Lynne.

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Tour de Millburn

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1. What precautions are in place in light of COVID-19?

This will be a contactless event. Volunteers assisting with registration will only be checking off numbered participants and making sure that there are no unregistered participants. There will be no in-person registration available.
At the start and finish lines, where social distancing may not be possible, all participants and volunteers will be required to wear masks. We will have masks available for all participants (if needed) and volunteers.
Riders will be able to choose, once on the course and distanced, whether they continue to wear a mask.
No water will be given out to participants. Riders are required to bring their own water.
There will be no gathering, with the exception of the start where participants will be spaced prior to the ride starting. No spectators are allowed.

2. Will I receive anything after I register for the event?: Yes. Once you complete your registration, the Township will e-mail a unique number for your ride, which you will be responsible for printing and affixing to your shirt before the event. Again, there will be no in-person registration on the day of the event.

3. Is there a registration fee?: Yes. The cost is $10 per rider.

4. What if it rains?: The rain date is September 27. Registrants will automatically be re-enrolled for the rain date.

5. Where does the event start?: All routes begin at Town Hall. Rides are scheduled 30 minutes apart; please arrive no earlier than 15 minutes before your start time. Report to Town Hall with your bike and participant number clearly pinned to the front of your shirt. A volunteer will then check you in and direct you where to stand to be distanced from other participants or groups.

6. Where do I park?: We ask that participants try to bike or walk their bicycle to the start of the course. If you must drive, parking is available in the Parking Deck, Municipal Lot #1 or Municipal Lot #19. Please arrive no sooner than 15 minutes before your ride start time.

7. Are the courses closed?: The start of all rides (on Millburn Avenue) will be closed; however, the 7-mile and 12-mile rides will be open courses with police personnel stationed at major roadway intersections. The entire 2-mile ride will be a closed course.

8. What if I get lost or go off-route?: Signage will be clearly displayed along the ride routes, and police officers and volunteers will be stationed throughout the courses to assist along the way. Please refer to the course map in the days leading up to the event to familiarize yourself with the route. We also will provide a turn-by-turn street listing of the route prior to event day.

9. What happens after my ride?: All rides end in Taylor Park. When you arrive at Taylor Park, please remember to wear a mask if effective social distancing is not feasible. Before heading home, grab a bite to eat and shop at our amazing local businesses!

10. Is this a race?: The Tour de Millburn is not a race, but rather a celebration of biking and road safety.

11. Can toddlers with training wheels ride?: All ages are welcome for the 2-mile ride; however, only those capable of riding on an open course should register for the 7-mile or 12-mile rides. Our youngest riders are invited to participate in the 2-mile ride with parents riding slowly beside them. Bikes with child seats or tag-alongs are welcome.

12. How do I decide which course to register for?: The 2-mile ride is low-impact and designed to be a comfortable ride for all ages. The 7-mile ride is an intermediate course. The 12-mile ride is intended to be a challenging route that at times involves riding up-hill on steep roadways. Keep in mind your skill and comfort level with biking when registering for the event. If at any time a participant feels unable to complete a course, police officers will be stationed along the route for assistance. You can always take a rest or walk your bike.

13. What if I tried to register, but it was closed?: You can be added to our waitlist to receive information for the next ride event, which is currently being planned for Spring 2021. Please send an email to letusknow@millburntwp.org to join the waitlist for next year.

14. What if I want to switch routes after I register?: All registrations are final. You will need to register for the correct route.

15. Where can I find more information on safe biking?: Check our Millburn Bike Safety page for tips and important information: twp.millburn.nj.us/bikesafety.

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Tropical Storm Ida FAQs

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1. What do I do now that Essex County has received a FEMA disaster declaration?: Residents whose homes or businesses were affected by Tropical Storm Ida may now apply for disaster assistance from FEMA at https://www.disasterassistance.gov/ . If you are applying for both home and business disaster assistance, complete one registration to cover both.

2. What do I do if I am still waiting on remediation or home repairs?: If you have not already removed wet or water-damaged drywall or materials from your home or business, please do so as soon as possible to mitigate damages. Cleanup and mold remediation should take priority to prevent further damage. If you have concerns about mold in an area over 10 square feet, we recommend seeking a professional mold remediation company to treat the area. Click here for more information and resources from the CDC, FEMA and Red Cross for post-storm cleanup.

3. What if I have insurance? If I have homeowners insurance, can I still apply for FEMA assistance?: Be sure to file a claim with your insurance company before applying for FEMA disaster assistance. If your insurance does not cover all your losses or is delayed, you may be eligible for FEMA assistance regarding your unmet needs. Document everything and continue to document if anything additional occurs related to flooding damage (e.g., mold growth).

4. How long will it take to hear back from FEMA?: Given the size and nature of the disaster declaration area in New Jersey, FEMA is receiving heavy call volumes and applications. Once you have applied for FEMA assistance, your case will be reviewed. Agents will not be able to provide information about your individual damage assessment or inspections. The agency asks that applicants monitor the status of their case online. FEMA is responding to disaster declarations in multiple states. We appreciate everyone’s patience as the agency goes through their process.

5. What is the Township doing to assist affected residents and businesses?

The Township of Millburn is waiving fees on permits and expediting inspections for homes and businesses damaged by flooding. The Department of Public Works continues to collect storm related debris from hard hit areas in town. Residents may put debris at the curb through end of day Monday, September 13 for final collections.

On a larger scale, the Township Committee and Township officials will be engaging in discussions regarding flood mitigation, potential public infrastructure projects. The Township Committee continues to be heavily involved in the Mayors Rahway River Coalition for improvements along the Rahway River.

6. I’m a resident experiencing immediate hardship in the aftermath of Ida. Where can I go for help?

A number of resources currently exist for residents affected by flooding:

Down the Block is providing short-term financial assistance to impacted residents. For information visit https://www.downtheblock.org/ or e-mail contact@downtheblock.org
Residents Joanna Parker Lentz and Micole Richter are organizing volunteers and additional assistance. Visit their booth on Millburn Avenue or e-mail joanna@jodiandjoanna.com or micole@gmail.com.
The Township’s Health and Human Services Coordinator Ana Millan can be reached at amillan@millburntwp.org for assistance.

7. I’m a small business owner. How can I get help?: Visit Explore Millburn-Short Hills online at https://exploremillburnshorthills.org, or contact them at info@exploremillburnshorthills.org or (973) 921-2829.

8. What If I am unable to apply for FEMA disaster assistance online?

If you do not have access to a computer/laptop, you can visit Town Hall for assistance in filing or can visit the Millburn Township Library to utilize their computers. Please during regular operating hours. Please note you will require the following information to file: social security number, annual household income, contact information, insurance information, bank account information and an email address. If you do not provide an email address, you will be required to contact FEMA for any updates to your registration.

Residents can call the FEMA helpline at 1-800-621-3362 for assistance filing via phone.

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Zoning Code FAQ

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1. What does it mean that a restaurant is now a permitted use in the B-2, B-3 and B-4 zones?

The introduced ordinance allows restaurants and other food uses that are greater than 125ft to enter the Township as a permitted use. They would be required to apply and receive any necessary permits for build out. The one caveat to this permitted use status is that the Township’s parking requirements still apply in B-2 and B-3.

While parking requirements are being waived in the B-4, they will remain for the B-2 and B-3 zones. This means that if a restaurant wishes to occupy a vacant space in the B-2 or B-3 zones, but is increasing the parking requirement of that space (i.e. dry cleaner to restaurant), they would still need to seek planning board approval for a parking variance.

2. What happens to the 125ft. conditional use protection for residents under this new ordinance?: It remains. Restaurants and food uses within 125ft of a single family residential lot line remain a conditional use. If a prospective tenant can satisfy all the outlined supplementary conditions and parking requirements, they will go before the planning board for site plan approval. If they are unable to meet one or more of the supplementary conditions, they will need to seek a use variance before the Township’s Board of Adjustment (Zoning board).

3. Will I still be notified if an application is made to the Planning Board?: Yes. Applications to both the planning board and the zoning board require that properties within 200ft. of the property line be notified that an application is being considered.

4. What is the Chatham Road exception and why was an exception made?: The Chatham Road commercial district was exempt under the current code with language that stated, “This Section 606.61d shall apply only to lots abutting on primary and secondary roadways as shown in the Traffic Circulation Plan Element of the Master Plan.” Unlike the B-3 on Upper Millburn Avenue and the B-2 and B-3 zones on Morris Turnpike, elimination of that language would have had restaurants be a permitted use on Chatham Road. The omission would have created an unintended consequence as none of the commercial buildings are within 125ft. of a single family dwelling property line.

5. What is the rationale behind making this change?

There are several reasons for this change. It is important that the Township balance a need to remain competitive with surrounding communities and their zoning policies while maintaining a reasonable level of protection to our residents that may live in close proximity to a commercial district. All of our commercial districts have seen high ground floor vacancy rates in the double digits, even prior to COVID-19. Sinking commercial property values as a result of these vacancies can have a deleterious impact on the Township’s overall valuation, which can shift the tax burden to residential property owners.

A vibrant business community will add value to the Township. It will also help ensure that our commercial districts remain intact and do not become soft sites. Millburn has a reputation of being less business friendly than our neighbors. This was recently confirmed by a review of our zoning codes throughout the Downtown Area Vision Plan process. It was suggested, as a first step in revitalizing all of Millburn, that restaurants be a permitted use and that other uses continue to expand as we slowly emerge from the public health crisis.

We are not pursuing these changes without consideration of our residents. It is important that certain protections remain, that certain conditions be met that mitigate any impact a new business may have on the residential community and that we have both our residential and commercial owners in mind when proposing such changes.

6. What is a Brewpub?: A brew pub, referred to in the A.B.C. law as a Restricted Brewery License, is a manufacturing license that permits the license holder to brew malt alcoholic beverages in quantities not to exceed 3,000 barrels per license term. This license can only be issued to a person or entity that identically owns a Plenary Retail Consumption License which is operated in conjunction with a restaurant regularly and is principally used for the purpose of providing meals to its customers and having kitchen and dining facilities. The restricted brewery licensed premises must be immediately adjoining the retail consumption licensed premises. The holder of this license shall only be entitled to sell or deliver its product to that restaurant premises. The purpose of this type of license is to allow the holder of the license to manufacture product and to sell it at its retail licensed premises. No more than two Restricted Brewery Licenses shall be issued to a person or entity which holds identical interests in two plenary retail consumption licenses, used in conjunction with restaurants, as previously discussed. Since this is a manufacturing license, it will also need certain approval from the federal Alcohol and Tobacco Tax and Trade Bureau and from the New Jersey Department of Environmental Protection and may also require additional approval from the municipality in which it is located.

7. What is the definition of “fast food”? Will this ordinance promote fast food chains to relocate here?

The definition of “fast food” in the Township’s zoning code is as follows;

RESTAURANT, FAST FOOD — An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption either within the restaurant building or off the premises.

Fast food in Millburn can be anything from a pizza place to a bubble tea location. Our ordinances, like most of our surrounding communities, do not prohibit fast food but explicitly prohibit drive thru windows. This prohibition, coupled with the size and location of many of our commercial lots, do not fit well into fast food chain models.

8. What else is changing in the introduced ordinance?

The parking requirements for the B-4 (Downtown) will be removed unless on-site parking already exists. Eliminating this barrier will allow more permitted uses to avoid going to the planning board for parking variances.

The ordinance also provides for additional uses in the B-4 district, such as theaters and museums. It also allows co-working/shared work spaces in the B-2 and above ground floor in the B-4.

9. Where can I see a copy of the Township’s Zoning Map?: Please click this link to be directed to a Zoning Map of the Township: https://twp.millburn.nj.us/DocumentCenter/View/6229/Zoning-Map-PDF?bidId=.

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Tax Assessor

Essex County Board of Taxation

495 Dr. Martin Luther King Jr. Blvd., Room 230

Newark, NJ 07102

The filing deadline is April 1st of each year.

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Tax Collector's Office

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Tour de Millburn

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▼ Tax Assessor

Essex County Board of Taxation

495 Dr. Martin Luther King Jr. Blvd., Room 230

Newark, NJ 07102

The filing deadline is April 1st of each year.

▼ Tax Collector's Office

▼ Tour de Millburn

▼ Tropical Storm Ida FAQs

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Live Edit

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2020 Census

▼
Affordable Housing

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B-4 Zone Restaurant Permitted Use

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Clerk's Office

▼
Community Choice Aggregation

▼
Downtown Area Vision Plan

▼
Engineering Department

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Fire Prevention

▼
General Township Concerns

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Land Use & Permitting

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OEM

▼
Parking

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Recreation

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Recycling

▼
Revised Special Improvement District Ordinance

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Single Use Plastics Ordinance

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Tax Assessor

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Tax Collector's Office

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Tour de Millburn

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Tropical Storm Ida FAQs

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Zoning Code FAQ