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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.
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Yes, a permit is required from the Engineering Department to replace the curb/ sidewalk/driveway apron/gutter. The footings/forms must be inspected before concrete is placed. The permit fee is waived for replacement, but is $25 for new curb or sidewalk. For curb and gutter work, where the contractor will have to cut into the roadway, a road opening permit is also required from the Department of Public Works.
No, replacement of the sidewalk is the responsibility of the property owner. A sidewalk permit is required, and the property owner can call the Department of Public Works to cut the roots of the tree before the new sidewalk is constructed.
A sump pump pipe may be discharged on your property far enough away from the foundation of the house so that the water does not seep back toward the foundation wall. The end of any drain pipe must be at least ten (10) feet away from the property line, and cannot damage or create a nuisance on any neighboring property. The water can also be discharged into an underground detention system such as a French drain or a drywell. If the Township storm sewer system is available in the roadway, you may connect a drain pipe directly into a nearby inlet or the underground pipe in the roadway. Connection into the Township’s system requires a permit from the Department of Public Works. Under no circumstances should a sump pump be discharged into the roadway.
Yes, if the scope of your project includes adding impervious coverage, such as a pool, patio, or building addition greater than 200 square feet, than a grading permit will be required from the Engineering Department in addition to building permits. A grading permit enforces the Township ordinances that govern soil erosion and sediment control, as well as drainage and site grading on the property. Drywells, or some other form of underground water detention system, are required when the proposed impervious coverage exceeds 200 square feet. A grading permit is also required for re-grading projects greater than 500 square feet that change the level of the yard.
You must submit a site plan with topographic contours showing the existing grade and the proposed grade. The retaining wall requires a permit from both the Building Department and the Engineering Department. If the wall exceeds 4 feet in height, engineering calculations are required from a NJ licensed professional engineer. Maximum allowable wall height is 6 ft. in side and rear yards, and 2 ft. in a front yard.
The Township has also passed two ordinances that affect development on private property. One is the Protection of Steep Slopes passed in 2010 and the other is the Riparian Zone passed in 2011, found online in Articles 6 and 7 of the Zoning Code, respectively.
There are maps available for review in the Engineering Department which show recorded easements on private property for storm sewers and sanitary sewers. You are generally not permitted to construct any permanent structure, such as a wall, patio, or a building within an easement. Easements usually contain underground pipes, manholes and/or inlets that provide access to the Township for maintenance of the sewer system. A fence crossing an easement is often permitted as long as the owner signs an indemnification, or “Hold Harmless” agreement with the Township. In some locations, the easement is for an open channel that carries storm water runoff, such as a ditch, stream or stone lined channel. A fence may not be constructed across an open channel.
The Township does not have any records of easements for public utilities such as JCP&L or PSE&G, and does not have records of private easements that may be on your property, but these may show up on your property survey.
Millburn Township is a participating community in the National Flood Insurance Program (NFIP) and the Engineering Department has the Flood Insurance Rate Maps published by FEMA. The flood zones are delineated on the maps and are available for inspection at Town Hall or online at https://msc.fema.gov. The Township Engineering Department can tell you what zone you are in. Flood insurance may be required by the lending company if your property is located in a flood zone; however the Township is not involved in that decision.
The Township does not provide flood elevation certificates. That is a service that may only be performed by a New Jersey Professional Land Surveyor.
The Township does not maintain records of private property surveys. You should have received a copy of your survey with your deed when you purchased the property. If you need your survey and don’t have a current one, you will have to hire a professional land surveyor.
No, a permit is not required unless you are relocating the driveway or increasing the size of the driveway. If that is the case, then you will need to apply for a zoning permit.
Water may flow onto your property from an adjacent lot because of natural topography, meaning that your lot is at a lower elevation, or servient, to the upland or dominant property. You cannot change that flow to the detriment of the owner of the higher property. You must continue to accept water which flows naturally from properties located at higher elevations, but you can make improvements on your property to control and redirect the water with a drainage system on your property. The engineering department can make suggestions to help your situation, but a more complex plan will require the services of a design professional and possibly a permit from the engineering department.
If the owner of the higher property alters conditions on his or her land which increases the burden of the water flowage onto the lower property, the engineering department will work with the upland owner and/or contractor to remedy the condition.
When a site is under construction, soil erosion and sediment control measures are required as a condition of the approved grading permit. If those measures have failed and mud has flowed from the site, the contractor or property owner is responsible for the cleanup, including any mud that flows into the roadway. There are two ways to report this problem, either call Engineering or submit a concern on the Township’s SDL Portal. Engineering will contact the contractor to ensure the site is in compliance with the Township ordinances and to clean up the affected area.
The Department of Public Works is responsible for cleaning out storm sewer pipes and inlets in the roadway as well as sanitary sewers. If you notice leaf and/or stick debris obstructing the surface of an inlet, at your discretion, you may remove any buildup to prevent further blockage.
NJ American Water Company and PSE&G have been working throughout the Township to replace, clean and reline the service pipes in the road. These projects usually last several months and during construction, cuts in the roadway are repaired with temporary patches. At the end of these projects, the Township works with the utility company to identify which roadways will be repaved and to what extent. Questions about the schedule of utility work or complaints during construction may be sent directly to the companies themselves.