February 17, 2026 Millburn Township Committee Meeting Minutes 1 Minutes of the Regular Meeting of the Township Committee of the Township of Millburn, in Essex County, New Jersey, held in the Millburn Education Center starting at 7:00 PM on the above date. Mayor Saccomandi opened the meeting and read the following statement: In accordance with Section 5 of the Open Public Meetings Act be advised that a notice of this meeting was made by posting on the bulletin board in town hall and forwarding to the officially designated newspapers, that this meeting would take place at Millburn Education Center at 7:00 p.m. on Tuesday, February 17, 2026. Meeting details and the draft agenda were also posted on our township website. Mayor Saccomandi asked all those present to stand for the Salute to the Flag. Upon call of the roll, the following Committee members were recorded present: Michael Cohen, Mr. Cosgrove, Jamie Serruto, Ben Stoller, Frank Saccomandi Also present were Business Administrator, Alexander McDonald; Municipal Clerk, Christine Gatti; and Township Counsel, Jarrid Kantor Approval of Agenda Mayor Saccomandi requested a motion to approve the agenda, the motion was made by Mr. Serruto and seconded by Mr. Stoller. Vote: All Ayes Minutes Mayor Saccomandi asked for a motion to approve the January 20, 2026, Regular Township Committee meeting minutes. The motion was made by Mr. Stoller and seconded by Mr. Cohen. Vote: All Ayes Mayor Saccomandi asked for a motion to approve the January 20, 2026, Special Township Committee meeting minutes. The motion was made by Mr. Serruto and seconded by Mr. Stoller. Vote: All Ayes Personnel Confirm Promotion of Member of Police Department - Resolution 26-057 Police Chief Gilfedder presented the appointment of Jamal Poyner to Lieutenant. He then reviewed his education and work history. Mayor Saccomandi asked for a motion to approve the appointment with Resolution 26-057. The motion was made by Mr. Stoller and seconded by Mr. Cohen. Vote: All Ayes RESOLUTION 26-057 CONFIRM POLICE DEPARTMENT PROMOTION WHEREAS, the Township of Millburn is in need of an additional Police Lieutenant; and WHEREAS, Jamal Poyner met the criteria set-down for Police Lieutenant and has gone through the appropriate selection process; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn, that confirmation is given to the promotion of Jamal Poyner to Police Lieutenant. Mayor Saccomandi issued the Oath of Office to Jamal Poyner to the position of Police Lieutenant. Mayor Saccomandi requested a five-minute recess. Reports Mayor Saccomandi recognized Lunar New Year, Ash Wednesday and Ramadan. He provided an update on the Environmental Commission’s past meeting, where turf field concerns were discussed. He asked Mr. Kantor to provide an update on the Bear Properties litigation and the Special Improvement District � February 17, 2026 Millburn Township Committee Meeting Minutes 2 restructuring. He mentioned that the Planning Board would meet tomorrow. He announced that Mr. Serruto, Mr. McDonald and himself had an upcoming meeting scheduled in Essex County with representatives to discuss ways the county could help support Millburn. He remarked on the February 22nd information session open to the public, concerning immigration/ICE. Mr. Serruto congratulated the new Police Lieutenant, Jamal Poyner and his family. He updated everyone on the Joint Meeting with Essex and Union, Shade Tree Advisory Committee, Joint 911 Dispatch, Flood Mitigation Advisory Committee, Pedestrian Safety Advisory Committee and the Holiday Lighting Committee. He advised that they were working hard to have amazing holiday display this year. He communicated that himself and Mr. McDonald would be speaking with JCP&L regarding downtown poles. He mentioned the upcoming 250th Committee meeting and asked everyone to keep an eye on milburn250.org for future event information. Mr. Cosgrove provided updates on the Senior Citizen Advisory Committee, CEDA Committee, Historic Preservation Commission, and an Arboretum meeting. He noted that camp classes are filling up quickly. Mr. Cohen reported an update on the Arboretum and announced upcoming events. He provided an update on the Zoning Code Examination Subcommittee meeting. He advised that three proposed zoning ordinances would be on the next meeting agenda for introduction. Mr. Stoller congratulated Lieutenant Jamal Poyner on his promotion. He reported on the Recreation Committee and announced upcoming events. He provided an update on SID. He noted that Explore Millburn Short Hills hosted their annual sponsor dinner, where $6,000 in sponsorships were secured. He commented on Main Street America and Main Street New Jersey. He affirmed that himself and Mayor Saccomandi met with NJ Transit and asked everyone to be patient. He announced an upcoming Open Space Tax Fund meeting is scheduled to be held on the 23rd. Mr. McDonald advised that he met with Vic from Harbor One Consultants regarding stormwater regulations. He was working on a code proposal for regulations, as well as single and multi-family projects. He reported that he had been working with the Town Planner on the proposed sidewalk ordinance and a draft was being reviewed. He mentioned that the Police Department was going through their fifth round of accreditation. He pointed out that once the weather breaks, they would be completing the Taylor Park lighting installation and the playground project. He reported that the preconstruction meeting of the road construction project as well as the Gilbert Place pump station was underway. Mr. Kantor provided an update on litigation for Bear Properties I & II and how it related to the SID. He reviewed litigation history, stating that Bear Properties I made two challenges to the formation of the SID. He confirmed that the court dismissed both matters. He pointed out that the plaintiffs had said they would appeal. Bear Properties II also made several challenges; one which had been dismissed. They were awaiting a verdict on appeal rights and court fees. He pointed out that a written order was needed, which they were also waiting on. He noted that the Township had met with the plaintiffs for a settlement conference and discussion took place and there was a reasonable offer from the Township which the plaintiffs rejected. He affirmed that the Committee met, looking to consider repealing and replacing the current SID with a new one which would have different fees for different areas. He advised that following the settlement conference, the town was not in a position to move forward because of the significant threat of litigation and continued litigation. The town would not move forward to change the SID given the costly prior three years of litigation from Bear Properties I, discussions with the Bear Properties plaintiffs and threat of litigation if they were to replace and repeal the current regulations. Public Comment Mayor Saccomandi made the following statement: “When invited to speak to offer your comments, please come to the lectern, clearly state your name and whether you are a Millburn Township resident and/or property or business owner. Please do not provide your full address seeing our meetings are recorded and are readily available to the public. To help facilitate an orderly meeting and to permit all to be heard, speakers shall limit their comments to one 3-minute session. You will be prompted when there is 30 seconds remaining. A reminder that this is not a time for dialogue or to debate a matter and this is a time during our business meeting for the public to offer comments. � February 17, 2026 Millburn Township Committee Meeting Minutes 3 Mayor Saccomandi opened the public comment period. Trina Frankel, resident, commented on immigration and the health care system. She voiced her concerns with senior care. Phil Kirsh, resident, commented on the history of immigration and concerns with the Trump administration. Jeffrey Feld, resident, commented on the bill list, memorandums of understanding, reviewed project costs and the fourth-round affordable housing regulations. Regina Truitt, resident, requested that upcoming ordinances should be part of weekly messages. She asked who the contact was for concerns with the turf fields. Judith Cristian, resident, wished everyone a happy Tibetan New Year. She discussed parking on Millburn Ave and traffic concerns. She reviewed suggestions in the Wyoming Section and the South Mountain areas. Cheryl Demaris, resident, Democratic Committee Chair, announced an upcoming bipartisan educational webinar titled “ICE and Millburn.” The webinar would take place, February 22nd at 3:30pm via ZOOM. Five panelists would be featured and all questions submitted in advance through February 18th would be answered. Jean Pasternak, resident, Republican Committee Chair, reviewed the webinar’s program details. She reviewed residents' legal rights. She expressed that the project had grown into a collaborative, community focused initiative. She remarked that the shared goal was education grounded in facts, respectful dialogue, with neighbor-to-neighbor engagement. She reviewed concerns regarding CEDA, which she was appointed to in 2026. She reviewed the February 4th CEDA meeting and noted that she felt that lack of public record/no minutes was a problem. She voiced that broader engagement was needed and necessary. Jorge Mastropiero, resident and architect, commented on Fair Share Housing. He asked the Committee what would be the best way to handle new requirements. He commented on workforce housing. Perri Urso, resident, asked why the residents were not notified regarding the Main Street, New Jersey visit. She asked for elaboration on the lighting committee, when it was formed and how members were selected. She addressed and voiced opposition to what she heard during “reports.” specifically, regarding comments made by Mr. Kantor about the Bear Properties I & II meeting and threat of legal fees. She reviewed meeting details and reviewed correspondence previously sent by the Township Attorney. Jerry Kung, resident, CEDA Committee volunteer, Millburn Charter Study Commission Secretary, commented on Resolutions 20-035 and 26-032, that established CEDA as a Committee. He voiced that CEDA had been working sometime without a formal re-organization, public officers or required minutes. He voiced his opinion on the importance of transparency and reviewed concerns and asked for checks and balances. Mayor Saccomandi closed the public comment period. Mr. Serruto commented on Wyoming Ave and stated that he would like to look “wide scope” on street projects. He agreed that cars were moving way too quickly and lowering the speed on Millburn Ave was within the long-term scope. He referred to pedestrian safety being an issue at Essex Street and wanted to prioritize that intersection. He addressed the comments regarding lighting and affirmed that anyone interested could email him to participate or offer suggestions. He pointed out that he did not appoint members. Mr. Cosgrove replied to Ms. Truitt and stated he would look into getting the ordinances on the weekly message with a link. Mr. Cohen thanked Dr. Frankel and Mr. Kirsh for their remarks. He was happy to see everyone working in a bipartisan way and looked forward to attending the upcoming webinar on immigration/ICE. � February 17, 2026 Millburn Township Committee Meeting Minutes 4 Mr. Stoller wished Judith Cristian a happy Tibetan New Year. He commented on an impressive opening statement by Mayor Saccomandi. He thanked Dr. Frankel for enlightening the Committee on healthcare economics. He expressed to Mr. Serruto that he would like to see lighting down by Annie Sez, towards Wyoming. He commented on round four affordable housing mandates. He felt Mayor Saccomandi and the team did a great job addressing issues. He mentioned that he was also encouraged by the bipartisan communication and looked forward to the webinar on immigration/ICE. Mayor Saccomandi commented on the request for ordinances to be part of the weekly message. He proposed that perhaps a link for ordinances could be made available. He replied to questions on traffic safety and was always looking for ways to improve. He communicated that he was thrilled with Ms. Demaris and Ms. Pasternack who were working together with bipartisan neighbors, independent of the township on the immigration webinar. He commented on workforce housing. He stated that nurses, police, firefighters, etc. make too much money for what the state considers affordable housing. He commented on flaws in the system with “workforce housing.” Mr. Cohen added that the law was not being used as intended. He pointed that senior housing was also affected by not allowing residents to remain residents in the towns they lived in. Mr. Serruto encouraged the community to write to their legislators. Mr. Stoller commented that Montvale advanced. Mayor Saccomandi provided an update on the Montvale litigation where Mr. Stoller and himself were named. He noted that the case was challenging the way things were done in the fourth round. He pointed out that there were a lot of flaws and the current lawsuit was seeking to correct that. Mr. Cohen reviewed affordable housing obligations. Mayor Saccomandi expanded on the obligations. Mr. Serruto commented that he also was very happy with the bipartisan group and was in support of the public session. Mayor Saccomandi replied on the issues raised with CEDA and advised that issues do exist and would be discussed under “New Business.” He advised that boards and committees should follow the guidelines set from ordinances or resolutions. He affirmed that the settlement conference pertaining to Bear Properties was confidential and felt that Mr. Kantor was very deliberate in not revealing anything during the conference. He suggested that the commentor may have divulged some of what was talked about at the conference. Mr. McDonald touched on consent agenda resolutions and reviewed details. Consent Agenda Mayor Saccomandi asked if any of the Committee members had any questions or concerns regarding consent agenda items. Mayor Saccomandi asked for a motion to approve the items on the consent agenda including Resolutions 26-058 through 26-067, and 26-070. Mr. Serruto made a motion to approve the consent agenda which was seconded by Mr. Cohen. Roll Call Vote: All Ayes RESOLUTION 26-058 APPROVE BILLS PAYABLE RESOLVED that the Township Treasurer be and hereby is authorized to accept for payment and pay bills or items as they appear on Schedule dated February 17, 2026, in the following accounts: FUND AMOUNT General Fund $ 614,778.52 Capital Fund $ 537,686.71� February 17, 2026 Millburn Township Committee Meeting Minutes 5 SUI Trust Fund $ 3.58 Waste Recycling Trust $ 540.00 Recreation Trust Fund $ 7,677.34 Escrow Trust Fund $ 12,349.83 TOTAL $ 1,173,035.98 RESOLUTION 26-059 AUTHORIZE ACCEPTANCE AND SIGNATURE OF ESSEX COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT NOW THEREFORE BE IT RESOLVED that the Township Committee of the Township of Millburn hereby authorizes the acceptance of the Essex County Community Development Block Grant Agreement as recommended by the Township Engineer; BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to sign the grant agreement for ADA Millburn Town Hall Improvements at 375 Millburn Avenue Millburn, NJ 07041 in the amount of $50,000.00 on behalf of the township. RESOLUTION 26-060 AUTHORIZING TRANSFER OF SURPLUS PROPERTY WHEREAS, the Township of Millburn has items of personal property, (2) Whelen Lightbars, (2) Whelen Sirens, (2) Code 3 Siren Speakers, (2) Code 3 Light Sticks, (12) Whelen ION Lightheads, these items are no longer in active use, and are not needed; and WHEREAS, N.J.S.A. 40A:11-36 statesthat these items may be disposed of in order to provide space for existing utilized personal property; and WHEREAS, the Township Committee is desirous of transferring at no cost said surplus property in an “as is” condition, the following items, without express or implied warranties: (2) Whelen Lightbars, (2) Whelen Sirens, (2) Code 3 Siren Speakers, (2) Code 3 Light Sticks, (12) Whelen ION Lightheads; and WHEREAS, the Parsippany Rescue and Recovery Emergency Squad is desirous of receiving said surplus property. NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Milburn in the County of Essex, State of New Jersey, that the listed personal property items are hereby declared surplus and the Police Chief is hereby authorized to transfer such items and a copy of this resolution shall be published in The Item of Millburn Short Hills as required by law, within ten (10) days of its passage. RESOLUTION 26-061 AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH D&L PAVING CONTRACTORS, INC. WHEREAS, a purchase order was prepared in the name of D&L Paving Contactors, Inc. under a locally bid contract for the reconstruction and improvement of parking lots B&C at Paper Mill Playhouse through Resolution 25-134 approved on May, 6, 2025 in the amount of $633,434.00; and WHEREAS, it is necessary to adjust the contract as follows; Change Order # Description Amount Net Amount of Contract 1 Change in retaining wall design and material, increases in quantities for granite block curbing, asphalt, etc. and disposal of historical fill with an increase in quantity of soil removed. $187,692.34 $821,126.34 NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn in the County of Essex, State of New Jersey as follows:� February 17, 2026 Millburn Township Committee Meeting Minutes 6 1. The Construction Manager, Greenman-Pedersen, Inc., have reviewed the backup provided and verified quantities justifying the performance of this work and has deemed Change Order Number 1 necessary given the changes in retaining wall material and design, the increase in historical fill removal and the subsequent increase in trucking and disposal costs of the soil type and other various quantity increases and recommend approval of those items documented in Change Order #1 determining that the work was required in order to advance the project. 2. The change order requested is in the aggregate an increase of greater than 20% of the contract bid price and the procedures for this change order are in compliance with the Local Public Contract law as per the Chief Financial Officer. 3. Change Order Number 1 as described in the preamble is hereby approved and accepted in accordance with the parameters as demanded at N.J.A.C. 5:30-11.9 et. Seq., 4. The Municipal Clerk shall forward a copy of this resolution to the Director of the Division of Local Government Services and shall see that a notice be published in The Item of Millburn and Short Hills as required by law. RESOLUTION 26-062 AUTHORIZING THE AWARD OF A CONTRACT FOR 2026 AND 2027 MUNICIPAL AID PROJECTS: LONG HILL DRIVE ROAD IMPROVEMENT PROJECTS, PHASE 1 AND PHASE II [GREENMAN￾PEDERSEN, INC.] WHEREAS, the Township of Millburn requires professional engineering services related to the 2026 and 2027 Municipal Aid Projects: Long Hill Road Improvement Projects, Phase 1 and Phase II; and WHEREAS, the Township Committee has determined that it is in the interest of the Township to retain the services of Greenman-Pedersen, Inc.; and WHEREAS, the Greenman-Pedersen, Inc. has provided the Business Entity Disclosure Certification in accordance with the N.J.S.A. 19:44A-20.8 and completed Political Contribution Disclosure Form; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires public advertisement of the award of a contract for professional services, which is exempt from the requirement of competitive bidding; NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Millburn, in the County of Essex as follows: 1. That the Mayor and Municipal Clerk are hereby authorized and directed to execute an agreement, in a form subject to the approval of our Township Attorney, with Greenman￾Pedersen, Inc., 301 Gibraltar Drive, Suite 2A, Morris Plains NJ 07950, for professional engineering services as set forth in the proposal of February 4, 2026, and the Chief Financial Officer has certified funds for this service in the an estimated not to exceed amount of $28,000.00. 2. That this contract is made without competitive bidding as a “professional service” under the provisions of the Local Public Contracts Law because of the qualitative nature of the service to be performed. 3. That a notice of this resolution shall be published in The Item of Millburn and Short Hills as required by law within ten days of its passage. RESOLUTION 26-063 AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES AGREEMENT FOR ADDITIONAL ARCHITECT / PROJECT MANAGEMENT SERVICES [TOWN HALL ADDITIONS & RENOVATIONS – THE GOLDSTEIN PARTNERSHIP, LLC] WHEREAS, pursuant to Resolution 24-271 adopted on December 3, 2024, the Township of Millburn awarded a professional services agreement to The Goldstein Partnership, LLC, 515 Valley Street, Suite 110, Maplewood, NJ 07040, for architectural and project management services in connection with the Town Hall Additions & Renovations project, in an amount not to exceed $867,000.00; and� February 17, 2026 Millburn Township Committee Meeting Minutes 7 WHEREAS, additional architectural and project management services are required in connection with the same capital project, as set forth in correspondence dated January 23, 2026; and WHEREAS, the Township Committee has determined that The Goldstein Partnership, LLC possesses the familiarity, continuity, and specialized expertise necessary to efficiently perform these additional services; and WHEREAS, the compensation for said additional services shall be in accordance with the January 23, 2026 proposal in an amount not to exceed $48,500.00; and WHEREAS, this contract is awarded without competitive bidding as a “professional service” pursuant to N.J.S.A. 40A:11-5(1)(a)(i) due to the qualitative nature of the services to be performed; and WHEREAS, The Goldstein Partnership, LLC has submitted the required Business Entity Disclosure Certification in accordance with N.J.S.A. 19:44A-20.8 and completed the Political Contribution Disclosure Form; and WHEREAS, the Chief Financial Officer has certified the availability of funds for this purpose; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn, County of Essex, State of New Jersey, as follows: ● The Mayor and Municipal Clerk are hereby authorized and directed to execute a professional services agreement, in a form acceptable to the Township Attorney, with The Goldstein Partnership, LLC for additional architectural and project management services. ● The compensation for said services shall not exceed $48,500.00. ● This contract is made without competitive bidding as a professional service under the provisions of the Local Public Contracts Law. ● A copy of this resolution shall be published in The Item of Millburn and Short Hills as required by law within ten (10) days of its passage. RESOLUTION 26-064 AUTHORIZATION FOR THE TOWNSHIP OF MILLBURN TO RATIFY THE MEMORANDUM OF AGREEMENT WITH PBA LOCAL 34 WHEREAS, the Township of Millburn (the “Township”) and PBA Local 34 (the “PBA”) were parties to a collective negotiations’ agreement from January 1, 2021 through December 31, 2025; and WHEREAS, the Township and PBA engaged in negotiations for a successor agreement on October 24, 2025, November 13, 2025, December 11, 2025 and December 22, 2025 and were able to agree upon the terms of a successor agreement; and WHEREAS, the Township and PBA Local 34 have agreed to a Memorandum of Agreement which reaches a settlement on the successor contract terms; and WHEREAS, said Memorandum of Agreement with PBA local 34 will agree to 3% annual salary guide increases for 2026-2029, with additional fixed dollar increases applied to the top step only; and WHEREAS, the Township Committee of the Township of Millburn have discussed and reviewed other terms of the Memorandum of Agreements and seek to ratify the terms of the Memorandum of Agreements; and NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Millburn, County of Essex, State of New Jersey, as follows: ● The Township hereby ratifies the Memorandum of Agreement, in a form subject to the approval of Labor Counsel, setting forth the terms for a successor contract between the PBA and the Township; and ● That this resolution shall take effect immediately.� February 17, 2026 Millburn Township Committee Meeting Minutes 8 RESOLUTION 26-065 RESOLUTION TO SUPPORT A PILOT PROGRAM TO ALLOW FOR ONE (1) HOUR FREE IN LOT 2, MILLBURN PARKING GARAGE WHEREAS, the Township of Millburn in conjunction with Explore Millburn-Short Hills would like to pilot a program to allow for one (1) hour of free shopper parking in Lot 2, the Downtown Parking Garage; and WHEREAS,the Township’s parking structure at Lot 2 currently has 103 spaces dedicated to shopper parking and allows for a maximum of three (3) hours of parking; and; WHEREAS, over the past two years shopper parking usage in Lot 2 has average 22 in 2025 and 25 in 2024; and WHEREAS, the Township Committee desires to incentivize increased usage of Lot 2 by allowing for one (1) free hour of parking for nine (9) months; and WHEREAS, it is believed by increasing usage of Lot 2 that this could create greater turnover of on￾street parking and alleviate pressure on other surface lots used by downtown patrons; and WHEREAS, the Police Department Traffic Bureau and Township Administration will evaluate the pilot program to report on its results throughout the nine (9) month pilot. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn, in the County of Essex, hereby approve adjusting pay stations in Lot 2 to permit one (1) hour of free parking under a pilot program for a period of nine (9) months, beginning March 1, 2026 through November 30, 2026, to be monitored and evaluated by Township officials, including but not limited to the Business Administrator and Traffic Bureau. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Township Business Administrator has the authority to terminate the pilot program if it is deemed to be impactful to the Township’s operations or the finances of the Township’s parking utility. Adopted by Township Committee on February 17, 2026. I, Christine A. Gatti, Township Clerk of the Township of Millburn, County of Essex, State of New Jersey, hereby certify this to be a true copy of a resolution adopted by the Township Committee on February 17, 2026. RESOLUTION 26-066 APPROVE RAFFLE LICENSES WHEREAS, the following have submitted application to the Township Clerk to conduct a raffle, providing all required identification and the appropriate fees; and WHEREAS, the Police Department is in receipt of a copy of the application per the regulation of the Legalized Games of Chance Control Commission. NOW, THEREFORE, BE IT RESOLVED that the following be approved: Family and Children’s Services Birth Haven Inc. RESOLUTION 26-067 APPROVE SIDEWALK CAFÉ LICENSES WHEREAS, the following have submitted applications to the Township Clerk to obtain a sidewalk café license, providing all required documentation and the appropriate fees; and � February 17, 2026 Millburn Township Committee Meeting Minutes 9 WHEREAS, the Police Department, Fire Department, Health Department and Engineering Department have conducted investigations of those establishments and have found nothing to prevent their issuance. NOW, THEREFORE, BE IT RESOLVED that the following be approved: Millburn Standard RESOLUTION 26-070 AUTHORIZATION FOR THE TOWNSHIP OF MILLBURN TO RATIFY THE MEMORANDUM OF AGREEMENT WITH USPEU WHEREAS, the Township of Millburn (the “Township”) and United Public Service Employees Union (“UPSEU”) were parties to a collective negotiation’s agreement from January 1, 2021 through December 31, 2025; and WHEREAS, the Township and UPSEU engaged in negotiations on October 30, 2025 and December 18, 2025 and were able to agree upon the terms of a successor agreement; and WHEREAS, the Township and UPSEU have agreed to a Memorandum of Agreement which reaches a settlement on the successor contract terms; and WHEREAS, said Memorandum of Agreement with UPSEU will agree to 3% annual salary guide increases for 2026-2029; and WHEREAS, the Township Committee of the Township of Millburn have discussed and reviewed other terms of the Memorandum of Agreement and seek to ratify the terms of the Memorandum of Agreements; and NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Millburn, County of Essex, State of New Jersey, as follows: ● The Township hereby ratifies the Memorandum of Agreement, in a form subject to approval of Labor Counsel,setting forth the termsfor a successor contract between USPEU and the Township; and ● That this resolution shall take effect immediately. Resolution 26-068 Mayor Saccomandi asked if the Committee members had any questions or concerns regarding Resolution 26-068. Mr. Cohen thanked everyone for getting on the agenda so quickly. Mr. Stoller commented that the Governor needs to make sure they are on board as well. Mayor Saccomandi asked for a motion to approve Resolution 26-068. Mr. Cohen made a motion to approve Resolution 26-068 which was seconded by Mr. Stoller. Roll Call Vote: All Ayes RESOLUTION 26-068 OPPOSITION TO S-1836 WHEREAS, municipalities are required to establish a Municipal Master Plan with a combination of mandatory and optional elements including Goals and Objectives, Land Use, Circulation, Housing, Community Facilities, Downtown Economic Development, Historic Preservation, and Sustainability; and WHEREAS, municipalities are also required to reexamine the Municipal Master Plan every 10 years to ensure that the master plan meets the community needs and is relevant as communities, evolve, grow, and change; and� February 17, 2026 Millburn Township Committee Meeting Minutes 10 WHEREAS, municipalities complete this effort at great cost and community input to ensure their community has a roadmap for growth; and WHEREAS, a municipality is best suited to plan for and understand their community’s needs, the existing infrastructure to address the municipality’s public safety, health, traffic, and character and the ability to expand such infrastructure for desired growth; and WHEREAS, there are many mechanisms for exceptions and variances to the local planning process; and WHEREAS, municipalities have been diligently working to comply with the changes outlined in the passage of A-4/S-50 in 2024 that made substantial changes to the fourth round of Affordable Housing obligations; and WHEREAS, affordable housing construction has generally comprised between 10 – 20% of a total development, but municipalities will end up constructing far more units during this current round of affordable housing; and WHEREAS, recent legislative proposals that preempt the planning process by permitting the conversion of underutilized properties into mixed used developments, reducing the number of parking spaces required for new developments near transit, making Accessory Dwelling Units permissible, and most recently, legislation that enhances the ability of religious and nonprofit organizations to convert certain property to inclusionary developments with affordable housing undermine the careful planning process outlined in the Municipal Land Use Law; and WHEREAS, this proposal, S-1836 (formerly S-4736) is particularly egregious because the required percentage of affordable housing units is only 20% with the remaining 80% at market rate making it more challenging for municipalities to meet their fourth round Affordable Housing obligations; and WHEREAS, this legislation bypasses local planning for increased density and height, regardless of a municipality’s ability to ensure safety; and WHEREAS, a worthy project could, and should participate in the local planning and zoning process to engage with the public; and WHEREAS, S-1836 (formerly S-4736) permits the bypassing of the local planning process which is an egregious assault on municipal autonomy and local decision making. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITEEE OF THE TOWNSHIP OF MILLBURN, the Township of Millburn urges the legislature to defeat S-1836 (formerly S-4736) and similar legislation that denies local autonomy in land use planning and ignores the well thought out master plan. BE IT FURTHER RESOLVED, that a copy of this resolution is forwarded to the Senator John McKeon, Assemblymember Alixon Collazos-Gill, Assemblymember Rosaura Bogolie, Governor Mikie Sherrill, and the New Jersey State League of Municipalities. Special Resolution 26-069 - 2026 Assessment Role Public Hearing Mayor Saccomandi opened the public comment period for the 2026 Millburn/Short Hills Business Organization Special Improvement District Assessment Roll Jeffrey Feld, resident, attorney for Bear Properties I & II, commented about wording in the public notice. He noted that there had been no final orders yet and reviewed the history of litigation. He noted that the town would have to prove the assessment is fair. He voiced concerns and opposition to the assessment roll. Perri Urso, commercial property owner, voiced objection. She asked various questions related to the assessment roll and questioned it being fair and equitable. � February 17, 2026 Millburn Township Committee Meeting Minutes 11 Mayor Saccomandi closed the public hearing. Mayor Saccomandi commented on his understanding of Main Street NJ. Commenting there was a lack of understanding when it came to Main Street New Jersey. He reviewed the program, commented on discussions with Ms. Urso and litigation. He expressed that it was the plaintiffs who continued litigation by filing a second lawsuit. Mayor Saccomandi asked if the Committee members would like to address comments from the public hearing. Mr. Stoller commented that the Key Performance Indicators showed significant improvement year over year and benefits to all who participate in the Special Improvement District. He commented on donations that had been made. Mayor Saccomandi commented that he and Mr. Cohen sat on the subcommittee to review the SID. He remembered they looked at the KPI’s and were pleasantly surprised to see how many calls for services in the outer districts. He commented that the SID did more than just events and they provided assistance to all businesses within the boundaries which those businesses benefited from. Mayor Saccomandi asked if the Committee members had any questions or concerns regarding Resolution 26-069. Mayor Saccomandi asked for a motion to approve Resolution 26-069. Mr. Stoller made a motion to approve Resolution 26-069 which was seconded by Mr. Cohen. Roll Call Vote: All Ayes RESOLUTION 26-069 ADOPT 2026 SPECIAL IMPROVEMENT DISTRICT ASSESSMENT ROLL WHEREAS, the Township Committee of the Township of Millburn on August 11, 2020 adopted an ordinance entitled, "AN ORDINANCE TO AMEND AND RESTATE IN ITS ENTIRETY ORDINANCE 12-92 OF THE ORDINANCES OF THE TOWNSHIP OF MILLBURN ENTITLED “AN ORDINANCE CREATING A SPECIAL IMPROVEMENT DISTRICT WITHIN THE TOWNSHIP OF MILLBURN AND DESIGNATING A DISTRICT MANAGEMENT CORPORATION." (Ordinance No. 2561-20); and WHEREAS, in accordance with the provisions of said ordinance, on December 16, 2025 the Township Committee, by a majority of its full membership, did adopt the 2026 Millburn Short Hills Business Organization, Inc. Special Improvement District Budget, effective for the year January 1, 2026 through December 31, 2026; and WHEREAS, the Township Tax Assessor, on January 27, 2026 prepared and filed in the Office of the Township Clerk, a 2026 Special Improvement District Assessment Roll, setting forth separately the amounts to be specially assessed against the separately benefited and assessable properties in said District; and WHEREAS, the Township Committee caused the Assessment Roll to be set down for public hearing and consideration by this Committee at its regular meeting on February 17, 2026 at 7:00 p.m. or as soon thereafter as the matter could be heard, and the Township Clerk has caused notice of said hearing to be published and the Tax Assessor to provide notice to all property owners interested and affected thereby in accordance with the ordinance; and WHEREAS, on February 17, 2026 at the time and place designated for special hearing the special assessments in said Assessment Roll, as prepared by the Township Tax Assessor were duly considered and all interested persons wishing to be heard thereon were heard by the Township Committee; and NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Millburn, in the County of Essex, as follows: The special assessments set forth in the 2026 Millburn Short Hills Business Organization, Inc. Special Improvement District Assessment Roll of the Township Assessor, in accordance with the following schedule, are hereby approved:� February 17, 2026 Millburn Township Committee Meeting Minutes 12 Block Lot Qual Property Location 2026 SID Tax (0.001 rate) 305 1 187 MILLBURN AVENUE $20,074.30 305 6 GLEN AVENUE R $0.00 701 2 8 MAIN STREET $602.80 701 3 12 MAIN STREET $415.84 701 4 14 MAIN STREET $521.22 701 5 20 MAIN STREET $931.58 702 1 34 MAIN STREET $323.14 702 2 36 MAIN STREET $269.28 702 3 38 MAIN STREET $566.21 702 4 40 MAIN STREET $923.00 702 5 42 MAIN STREET $1,697.40 702 6 341 MILLBURN AVENUE $1,216.30 702 7 337 MILLBURN AVENUE $0.00 702 8 335 MILLBURN AVENUE $750.00 702 9 333 MILLBURN AVENUE $333.00 702 10 329 MILLBURN AVENUE $275.85 702 11 327 1/2 MILLBURN AVENUE $646.60 702 12 327 MILLBURN AVENUE $522.10 702 13 321 MILLBURN AVENUE $2,419.70 702 14 319 MILLBURN AVENUE $1,667.60 702 15 315 MILLBURN AVENUE $2,248.70 702 16 100 ESSEX STREET $2,771.60 702 17 170 ESSEX STREET $1,828.50 702 18 184 ESSEX STREET $2,643.00 702 19 196 ESSEX STREET $551.50 702 20 150 ESSEX STREET $3,433.90 703 1 72 ESSEX STREET $1,333.00 703 2 311 MILLBURN AVENUE $565.01 703 3 309 MILLBURN AVENUE $299.54 703 4 307 MILLBURN AVENUE $321.20 703 5 305 MILLBURN AVENUE $330.95 703 6 301 MILLBURN AVENUE $748.90 703 7 295 MILLBURN AVENUE $0.00 703 8 291 MILLBURN AVENUE $0.00 703 9 44 ESSEX STREET $567.80 703 10 70 ESSEX STREET $2,090.00 703 11 46 ESSEX STREET $410.00 703 12 303 MILLBURN AVENUE $798.90 704 1 12 HOLMES STREET $812.80 704 2 281 MILLBURN AVENUE $1,514.10 704 3 279 MILLBURN AVENUE $2,000.00 704 4 275 MILLBURN AVENUE $1,219.70 704 5 271 MILLBURN AVENUE $811.13 704 6 269 MILLBURN AVENUE $650.00 704 7 265 MILLBURN AVENUE $4,986.00 704 8 32 ESSEX STREET $345.50 705 2 227 MILLBURN AVENUE $13,850.00 705 3 223 MILLBURN AVENUE $982.50� February 17, 2026 Millburn Township Committee Meeting Minutes 13 Block Lot Qual Property Location 2026 SID Tax (0.001 rate) 705 4 215-219 MILLBURN AVENUE $2,575.00 705 26 55 ESSEX STREET $2,371.20 705 27 45 ESSEX STREET $3,535.60 705 28 29 ESSEX STREET $140.20 705 29 23 ESSEX STREET $0.00 801 1 348 MILLBURN AVENUE $1,273.00 801 2 350 MILLBURN AVENUE $2,199.90 801 3 356 MILLBURN AVENUE $1,621.70 801 4 358 MILLBURN AVENUE $1,427.90 801 5 374 MILLBURN AVENUE $7,892.60 801 6.01 378 MILLBURN AVENUE $685.01 801 8 382 MILLBURN AVENUE $1,150.80 801 9 386 MILLBURN AVENUE $2,378.60 801 10 25 TAYLOR STREET $1,212.70 801 12 75 MAIN STREET $5,852.60 801 15 59 MAIN STREET $1,402.10 801 16 55 MAIN STREET $1,413.40 802 1 81 MAIN STREET $0.00 802 2 4 TAYLOR STREET $1,006.23 802 3 8 TAYLOR STREET $0.00 802 27 109 MAIN STREET $171.60 802 28 105 MAIN STREET $539.00 802 29 103 MAIN STREET $0.00 802 30 97 MAIN STREET $0.00 802 31 95 MAIN STREET $204.05 802 32 93 MAIN STREET $850.00 804 7 304 MILLBURN AVENUE $630.44 804 8 306 MILLBURN AVENUE $518.24 804 9 308 MILLBURN AVENUE $975.00 804 11 318 MILLBURN AVENUE $1,307.40 804 12 320 MILLBURN AVENUE $388.60 804 13 322-324 MILLBURN AVENUE $701.85 804 14 326 MILLBURN AVENUE $0.00 804 15 330 MILLBURN AVENUE $1,176.91 804 16 T01 340 MILLBURN AVENUE $348.30 804 16 340 MILLBURN AVENUE $675.71 804 17 64 MAIN STREET $1,700.00 805 1 290 MILLBURN AVENUE $4,000.00 805 2 296 MILLBURN AVENUE $1,355.00 805 4 300 MILLBURN AVENUE $0.00 906 28 1 EAST WILLOW STREET $4,000.00 1004 10 238 MAIN STREET $822.70 1207 3 425 ESSEX STREET $773.30 1207 4 421 ESSEX STREET $439.40 1207 5 407 ESSEX STREET $342.80 1207 6 397 ESSEX STREET $0.00 1207 7 379-391 ESSEX STREET $0.00 1207 10 335 ESSEX STREET $214.93� February 17, 2026 Millburn Township Committee Meeting Minutes 14 Block Lot Qual Property Location 2026 SID Tax (0.001 rate) 1207 11 291 ESSEX STREET $418.27 1207 12 281 ESSEX STREET $520.00 1207 13 271 ESSEX STREET $601.80 1207 14 257 ESSEX STREET $484.50 1207 15 251 ESSEX STREET $0.00 1207 16 27 MAIN STREET $1,048.10 1207 17 21 MAIN STREET $0.00 1207 18 11 MAIN STREET $0.00 1211 2 393 MILLBURN AVENUE $232.22 1211 3 391 MILLBURN AVENUE $761.20 1211 4 389 1/2 MILLBURN AVENUE $563.30 1211 5 389 MILLBURN AVENUE $434.25 1211 6 156 SPRING STREET $550.60 1212 1 387 MILLBURN AVENUE $690.46 1212 2 383 MILLBURN AVENUE $0.00 1212 3 381 MILLBURN AVENUE $0.00 1212 5 363 MILLBURN AVENUE $682.70 1212 6 357 MILLBURN AVENUE $332.21 1212 7 355 MILLBURN AVENUE $421.82 1212 8 353 MILLBURN AVENUE $206.04 1212 9 351 MILLBURN AVENUE $1,242.10 1212 10 343 MILLBURN AVENUE $5,155.70 1212 11 41 MAIN STREET $350.21 1212 12 35 MAIN STREET $1,354.15 1212 15 266 ESSEX STREET $607.90 1212 16 276 ESSEX STREET $447.00 1212 17 286 ESSEX STREET $456.29 1212 18 290 ESSEX STREET $0.00 1212 19 300 ESSEX STREET $0.00 1212 20 304 ESSEX STREET $0.00 1212 21 310 ESSEX STREET $0.00 1212 24 368 ESSEX STREET $455.20 1212 25 380 ESSEX STREET $0.00 1212 26 161 SPRING STREET $0.00 1212 27 155 SPRING STREET $0.00 1706 1 545 MILLBURN AVENUE $2,535.90 1706 2 535 MILLBURN AVENUE $1,032.10 1706 3 533 MILLBURN AVENUE $875.00 1706 4 531 MILLBURN AVENUE $1,404.70 1706 5 529 MILLBURN AVENUE $1,161.10 1706 6 525 MILLBURN AVENUE $754.70 1707 1 521 MILLBURN AVENUE $418.80 1707 2 519 MILLBURN AVENUE $940.50 1707 3 517 MILLBURN AVENUE $424.30 1707 4 515 MILLBURN AVENUE $940.50 1707 5 511 MILLBURN AVENUE $1,454.40 1708 1 1 SHORT HILLS AVENUE $450.00 1708 2 7 SHORT HILLS AVENUE $562.20� February 17, 2026 Millburn Township Committee Meeting Minutes 15 Block Lot Qual Property Location 2026 SID Tax (0.001 rate) 1708 3 11 SHORT HILLS AVENUE $559.00 1708 4 15 SHORT HILLS AVENUE $434.10 1708 6 500 MILLBURN AVENUE $1,069.60 1708 7 504 MILLBURN AVENUE $640.90 1708 8 506 MILLBURN AVENUE $437.50 1708 9 508 MILLBURN AVENUE $895.00 1708 10 510 MILLBURN AVENUE $0.00 1708 11 514 MILLBURN AVENUE $520.00 1708 12 516 MILLBURN AVENUE $766.30 1708 13 518 MILLBURN AVENUE $1,888.40 1708 14 MILLBURN AVENUE $0.00 1708 15 MILLBURN AVENUE $0.00 1709 1 507-509 MILLBURN AVENUE $1,034.60 1709 2 505 MILLBURN AVENUE $2,289.20 1801 1 704 MORRIS TURNPIKE $1,466.50 1801 2 688 MORRIS TURNPIKE $3,043.00 1801 3 682 MORRIS TURNPIKE $684.70 1801 4 680 MORRIS TURNPIKE $1,382.10 1801 5 658-666 MORRIS TURNPIKE $2,122.60 1801 7 652 MORRIS TURNPIKE $0.00 1801 8 636 MORRIS TURNPIKE $5,886.80 1801 12 622 MORRIS TURNPIKE $836.00 1801 13 40 FARLEY PLACE $550.00 1801 14 36 FARLEY PLACE $273.60 1801 15 34 FARLEY PLACE $570.40 1801 16 30 FARLEY PLACE $370.50 1801 17 28 FARLEY PLACE $528.70 1801 18 24 FARLEY PLACE $0.00 1801 19 20 FARLEY PLACE $0.00 1801 20 16 FARLEY PLACE $0.00 1801 22 10 FARLEY PLACE $430.35 1801 23 569 MILLBURN AVENUE $1,236.20 1801 25 565 MILLBURN AVENUE $1,300.00 1801 35 555 MILLBURN AVENUE $1,144.80 1801 36 551 MILLBURN AVENUE $1,050.30 1801 37 549 MILLBURN AVENUE $801.80 1802 1 587 MILLBURN AVENUE $4,352.70 1812 9 30 CHATHAM ROAD $0.00 1812 10 36 CHATHAM ROAD $2,969.20 1812 11 44 CHATHAM ROAD $492.40 1813 1 MILLBURN AVENUE $0.00 1813 2 MILLBURN AVENUE $0.00 1813 3 MILLBURN AVENUE $0.00 1813 4 MILLBURN AVENUE $0.00 1813 5 MILLBURN AVENUE $0.00 1813 6 MILLBURN AVENUE $0.00 1813 8 MILLBURN AVENUE $0.00 1813 9 MILLBURN AVENUE $0.00� February 17, 2026 Millburn Township Committee Meeting Minutes 16 Block Lot Qual Property Location 2026 SID Tax (0.001 rate) 1813 10 MILLBURN AVENUE $0.00 1904 1 764 MORRIS TURNPIKE $1,359.00 1904 17 752 MORRIS TURNPIKE $2,695.90 1904 18 760 MORRIS TURNPIKE $725.00 1904 19 758 MORRIS TURNPIKE $413.60 1904 20 720 MORRIS TURNPIKE $17,237.50 1904 104 780 MORRIS TURNPIKE $2,700.00 1904 105 800 MORRIS TURNPIKE $20,000.00 2002 23 840 MORRIS TURNPIKE $2,531.50 2002 24 830 MORRIS TURNPIKE $10,000.00 2002 25 820 MORRIS TURNPIKE $8,576.50 2106 2 91 CHATHAM ROAD $0.00 2107 2 69 CHATHAM ROAD $0.00 2. The amount of said special assessments shall be due and payable in one installment. The installment of the Special Improvement District Tax is due to the township by April 1, 2026 with a seven￾day grace period and shall draw interest imposed upon arrearages of taxes in said Township and shall be collected as provided by law and that the fees billed shall become a lien on each parcel and thus subject to tax sale for prior year delinquencies. 3. A duplicate copy of said approved Assessment roll, duly certified by the Township Clerk, along with the adopted Special Improvement District budget be delivered to the Essex County Tax Board and the Millburn Tax Collector, together with a copy of this resolution. 4. The Tax Collector shall forthwith proceed to collect the amounts due on the approved Assessment Roll according to law. 5. This resolution shall take effect immediately. ORDINANCE / INTRODUCTION Ordinance 2731-26 Mr. Cosgrove brought forth Ordinance 2731-26 for introduction and provided a brief explanation of the ordinance. Graham Petto, Planner commented that the ordinance was to effectuate compliance of affordable housing regulations. He reviewed the regulations. Mr. Kantor commented that they were currently slated for public hearing on March 17th. He suggested they be moved to March 3rd. He elaborated on the reasons to move up the date due to state requirements. Mr. Cohen remarked that he was also concerned about the March 17th date and state deadline. Mr. Kantor remarked there was a March 15th deadline in the statue, which would fall on a Sunday. He elaborated further and reviewed the time line. He advised the Committee to pick another public hearing date before March 17th. Mr. Cohen agreed to have a special meeting. Mr. Kantor said the four ordinances, as well as one or two resolutions would need at least 48-hour notice.� February 17, 2026 Millburn Township Committee Meeting Minutes 17 They ask the Clerk for an available date. Ms. Gatti requested a recess. Mayor Saccomandi asked for a five-minute recess. Mr. Cosgrove moved the ordinance to be taken up and passed on first reading and public hearing would take place on March 9, 2026 at 1:00pm at the Millburn Town Hall, located at 22 East Willow Street. Mr. Serruto seconded the motion. Mayor Saccomandi requested a roll call vote. Roll Call Vote: All Ayes Mr. Kantor clarified that based on discussion, public discussion/hearing on the ordinances would be held on March 9th at 1:00pm at the Millburn Town Hall, located at 22 East Willow Street. ORDINANCE NO. 2731-26 AN ORDINANCE TO AMEND DEVELOPMENT REGULATIONS AND ZONING ORDINANCE SECTION 501 – AFFORDABLE HOUSING STATEMENT OF PURPOSE: This ordinance repeals and replaces Development Regulations and Zoning Ordinance (“DRZ”) Section 501 (Affordable Housing) and Section 502 (Mandatory Affordable Housing Set-Aside) to implement the Township’s Fourth Round Housing Element and Fair Share Plan and to update local standards governing the creation, administration, affordability controls, affirmative marketing, monitoring, and enforcement of very low-, low-, and moderate-income housing units. The ordinance establishes requirements applicable to inclusionary and 100% affordable developments and other affordable housing mechanisms, including (among other items) a municipality-wide mandatory affordable housing set-aside in specified circumstances, rounding/fractional unit treatment, phasing/completion standards, design and bedroom distribution requirements, accessibility requirements, duties of the Municipal Housing Liaison and Administrative Agent, reporting through the Affordable Housing Monitoring System (AHMS), and enforcement and appeals procedures. WHEREAS, the Township of Millburn (the “Township”) is obligated to provide a realistic opportunity for the creation of housing affordable to very low-, low-, and moderate-income households pursuant to the New Jersey Fair Housing Act and applicable constitutional requirements; WHEREAS, on March 20, 2024, the Fair Housing Act was amended by P.L.2024, c.2, including changes establishing updated Fourth Round compliance procedures and related State monitoring responsibilities; WHEREAS, the New Jersey Department of Community Affairs (“DCA”) administers requirements applicable to municipal affordable housing compliance, including the reporting and monitoring framework reflected in N.J.A.C. 5:99 and related State guidance; WHEREAS, on June 18, 2025, the Township’s Planning Board adopted the Township’s Fourth Round Housing Element and Fair Share Plan (“HEFSP”) as part of the Township’s Master Plan, identifying the strategies, mechanisms, and implementation measures by which the Township will address its Fourth Round affordable housing obligations; WHEREAS, on June 26, 2025, the Township Committee endorsed the HEFSP as the policy basis for the Township’s affordable housing implementation program, including the adoption and maintenance of implementing ordinances and procedures consistent with State law and applicable approvals; WHEREAS, the Township desires to amend and restate its affordable housing ordinance to implement the HEFSP and to ensure that standards for affordability controls, administration, monitoring, and enforcement are consistent with current State law and regulations and promote the long-term creation and preservation of affordability; BE IT ENACTED AND ORDAINED, by the Township Committee of the Township of Millburn, in the County of Essex and the State of New Jersey that the Development Regulations and Zoning Ordinance Section 501 – Affordable Housing and Development Regulations and Zoning Ordinance Section 502 – Mandatory Affordable Housing Set-Aside are repealed and replaced as follows: Section I. DRZ Section 501 – AFFORDABLE HOUSING, DRZ Section 502 – Mandatory Affordable Housing Set-Aside are repealed and replaced by the following: DRZ-501 Affordable Housing DRZ-501.1 Introduction & Applicability� February 17, 2026 Millburn Township Committee Meeting Minutes 18 A. Thissection of the Code setsforth regulationsregarding the very low-, low- and moderate-income housing units in Township of Millburn consistent with the provisions outlined in P.L 2024, Chapter 2, including the amended Fair Housing Act (“FHA”) at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services (“LPS”) at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing (“COAH”) at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls (“UHAC”) at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan (“HEFSP”). B. This Ordinance isintended to ensure that very low-, low- and moderate-income units(“affordable units”) are created with controls on affordability over time and that very low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This Ordinance shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in item E.1. below. C. The Township of Millburn Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan describes the ways the municipality shall addressitsfairshare of very low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element. D. This Ordinance implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L 2024, Chapter 2, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented. E. Applicability 1. The provisions of this Ordinance shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created pursuant to the municipality’s most recently adopted HEFSP. 2. This Ordinance shall apply to all developments that contain very low-, low- and moderate￾income housing units included in the Municipal HEFSP, including any unanticipated future developments that will provide very low-, low- and moderate-income housing units. 3. Projects receiving federal Low Income Housing Tax Credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a 30-year compliance period plus a 15-year extended-use period, for a total of not less than 45 years. DRZ-501.2 Definitions As used herein the following terms shall have the following meanings: “Accessory apartments” means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as “accessory dwelling units”. “Act” means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. “Adaptable” means constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the “State Uniform Construction Code Act,” P.L.1975, c. 217 (C.52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L.2005, c. 350 (C.52:27D-123.15). “Administrative agent” means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15. “Affirmative marketing” means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.� February 17, 2026 Millburn Township Committee Meeting Minutes 19 “Affirmative Marketing Plan” means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements. “Affirmative Marketing Process” or “Program” meansthe actual undertaking of Affirmative Marketing activities in furtherance of each project with very low- low- and moderate-income units. “Affordability assistance” means the use of funds to render housing units more affordable to low￾and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowner’s association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5. “Affordability average” means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households. “Affordable” means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13. “Affordable housing development” means a development included in a municipality’s housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100 percent affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c.2. “Affordable Housing Dispute Resolution Program” or “the Program” refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2. “Affordable Housing Monitoring System” or “AHMS” means the Department’s cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund. “Affordable Housing Trust Fund” or “AHTF” means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the “Neighborhood Preservation Nonlapsing Revolving Fund” and “Balanced Housing” mean the AHTF. “Affordable unit” means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds. “Age-restricted housing” means a housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that: 1. All the residents of the development where the unit is situated are 62 years or older; 2. At least 80 percent of the units are occupied by one person that is 55 years or older; or 3. The development has been designated by the Secretary of HUD as “housing for older persons” as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607. “Agency” means the New Jersey Housing and Mortgage Finance Agency established by P.L.1983, c. 530 (C.55:14K-1 et seq.). “Assisted living residence” means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance. “Barrier-free escrow” means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6. “Builder’sremedy” means court-imposed site-specific relief for a litigant who seeksto build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.� February 17, 2026 Millburn Township Committee Meeting Minutes 20 “Certified household” means a household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household. “CHOICE” means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency. “COAH” or the “Council” means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1). “Commissioner” means the Commissioner of the Department of Community Affairs. “Compliance certification” means the certification obtained by a municipality pursuant to section 3 of P.L.2024, c. 2 (C.52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a “judgment of compliance” or “judgment of repose.” The term “compliance certification” shall include a judgment of repose granted in an action filed pursuant to section 13 of P.L.1985, c. 222 (C.52:27D-313). “Construction” means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, asthose terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217(N.J.S.A. 52:27D-119 et seq.). “County-level housing judge” means a judge appointed pursuant to section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act. “DCA” and “Department” mean the State of New Jersey Department of Community Affairs. “Deficient housing unit” means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems. “Department” means the New Jersey Department of Community Affairs. “Developer” means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. “Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. “Development fee” means money paid by a developer for the improvement of residential and non￾residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D￾8.7 and N.J.A.C. 5:99-3. “Dispute Resolution Program” means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2). “Division” means the Division of Local Planning Services within the Department of Community Affairs. “Emergent opportunity” means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification. “Equalized assessed value” or “EAV” means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b,and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor. “Equity share amount” means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than five percent and may not exceed 30 percent.� February 17, 2026 Millburn Township Committee Meeting Minutes 21 “Exit sale” means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit. “Exclusionary zoning litigation” means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder’s remedy. “Extension of expiring controls” means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years. “Fair share obligation” means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction. “Fair share plan” means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost￾generating features from the municipal land use ordinances and regulations. “FHA” means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. “Green Building Strategies” means the strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low￾maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services. “HMFA” or “the Agency” means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.). “Household income” means a household’s gross annual income calculated in a manner consistent with the determination of annual income pursuant to section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability. “Housing element” means the portion of a municipality’s master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality’s fair share of its region’s present and prospective housing needs, particularly with regard to low- and moderate￾income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to subsection f. at N.J.S.A. 52:27D-304.1. “Housing region” means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b. “Inclusionary development” means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate￾income households. “Judgment of compliance” or “judgment for repose” means a determination issued by the Superior Court approving a municipality’s fair share plan to satisfy its affordable housing obligation for a particular 10-year round. “Low-income household” means a household with a household income equal to 50 percent or less of the regional median income. “Low-income unit” means a restricted unit that is affordable to a low-income household. “Major system” means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems. “Mixed use development” means any development that includes both a non-residential development component and a residential development component, and shall include developments for which:� February 17, 2026 Millburn Township Committee Meeting Minutes 22 (1)there is a common developer for both the residential development component and the non￾residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non￾residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature. “Moderate-income household” means a household with a household income in excess of 50 percent but less than 80 percent of the regional median income. “Moderate-income unit” means a restricted unit that is affordable to a moderate-income household. “MONI” means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency. “Municipal housing liaison” or “MHL” means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality. “Municipal affordable housing trust fund” means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c.2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter. “Municipal development fee ordinance” means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees. “New construction” means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another. “New Jersey Affordable Housing Trust Fund” means an account established pursuant to N.J.S.A. 52:27D-320. “New Jersey Housing Resource Center” or “Housing Resource Center” means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq. “95/5 restriction” means a deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95 percent of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price. “Non-exempt sale” means any sale or transfer of ownership of a restricted unit to one’s self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor’s deed to a class A beneficiary; and the transfer of ownership by court order. “Nonprofit” means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code. “Non-residential development” means: Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State� February 17, 2026 Millburn Township Committee Meeting Minutes 23 uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto; Hotels, motels, vacation timeshares, and child-care facilities; and The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A.52:27D-330 et seq. “Non-residential development fee” means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7. “Order for repose” means the protection a municipality has from a builder’s remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose. “Payment in lieu of constructing affordable units” means the prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for paymentsin lieu of constructing affordable units was eliminated per P.L. 2024, c.2. “Prospective need” means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to sections 6 and 7 of P.L.2024, c. 2 (C.52:27D-304.2 and C.52:27D￾304.3) for the fourth round and all future rounds of housing obligations. “Qualified Urban Aid Municipality” means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1). “Person with a disability” means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device. “Price differential” means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit asif it were notsubject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is zero dollars. “Prior round unit” means a housing unit that addresses a municipality’s fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that: (1) received substantive certification from COAH; (2) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; (3) is subject to a grant agreement or other contract with either the State or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) otherwise addresses a municipality’s fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it is created pursuant to a prior round development plan or zoning designation that received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurssooner; and (2) itssiting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance. “Program” means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 of P.L.2024, c. 2 (C.52:27D-313.2). “Random selection process” means a lottery process by which currently income-eligible applicant￾households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans’ preference where such an agreement exists; for purposes of matching household income and size with an appropriately� February 17, 2026 Millburn Township Committee Meeting Minutes 24 priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis. “RCA administrator” means an appointed municipal employee who isresponsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements. “RCA project plan” means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low￾and moderate-income housing. “Receiving municipality” means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality’s fair share obligation. “Reconstruction” means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted. “Recreational facilities and community centers” means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity. “Regional contribution agreement” or “RCA” means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality’s affordable housing obligation to another municipality within its housing region. “Regional median income” means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3. “Rehabilitation” means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6. “Rent” means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. With respect to units in assisted living residences, rent does not include charges for food and services. “Residential development fee” means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2. “Restricted unit” means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this subchapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE. “Spending plan” means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals. “State Development and Redevelopment Plan” or “State Plan” means the plan prepared pursuant to sections 1 through 12 of the “State Planning Act,” P.L.1985, c. 398 (C.52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the State, and for the purpose of coordinating planning activities and establishing Statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to subsection f. of section 5 of P.L.1985, c. 398 (C.52:18A-200). “Supportive housing household” means a very low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include,� February 17, 2026 Millburn Township Committee Meeting Minutes 25 but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney–Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this subchapter, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant’s self-identification of household members on the affordable housing application. “Supportive housing sponsoring program” means grant or loan program which provided financial assistance to the development of the unit. “Supportive housing unit” means a restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanentsupportive housing units. “Transitional housing” means temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months. “Treasurer” means the Treasurer of the State of New Jersey. “UHAC” means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26. “UHORP” means the Agency’s Urban Homeownership Recovery Program, as it was authorized by the Agency Board. “Unit type” means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing 2 units each with separate entrances), duplex (detached building containing 2 units each with separate entrances), triplex (3 units each with separate entrance), quadplex (4 units each with separate entrance), multifamily / flat (2 or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type. “Very-low-income household” means a household with a household income less than or equal to 30 percent of the regional median income. “Very-low-income housing” means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located. “Very-low-income unit” means a restricted unit that is affordable to a very-low-income household. “Veteran” means a veteran as defined at N.J.S.A. 54:4-8.10. “Veterans’ preference” means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50 percent of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311.j. “Weatherization” means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors and is considered a major system for rehabilitation. DRZ-501.3 Monitoring and Reporting Requirements� February 17, 2026 Millburn Township Committee Meeting Minutes 26 A. The municipality shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan: 1. The municipality shall provide electronic monitoring data with the Department pursuant to P.L 2024, Chapter 2 and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department’s website at https://www.nj.gov/dca/dlps/hss/MuniStatusReporting.shtml. 2. On or before February 15 of each year, the municipality shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1st to December 31st. 3. On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1st to December 31st. DRZ-501.4 Municipality-wide Mandatory Set-Aside A. A development, other than single-family family detached, providing a minimum of five new housing units created through any municipal rezoning or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provides for densities at or above six units per acre, is required to include an affordable housing set-aside of 20%. B. Any affordable units generated through such mandatory set-aside shall be subject to all other provisions of this ordinance. C. All such affordable units shall be governed by this ordinance and by the controls on affordability, including bedroom distribution, and affirmatively marketed to the housing region in conformance with UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws. D. No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold. E. The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance or other relief. F. This municipality-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the HEFSP, for which density and set-aside requirements shall be governed by the specific standards as set forth therein. G. In the event that the inclusionary set-aside of 20% of the total number of residential units does not result in a full integer, the developer shall choose one of two options for addressing the fractional unit: 1. The developer may round the set-aside upward to construct a whole additional affordable unit; or 2. If the set-aside includes a fractional unit equal to 0.49 or less, the developer may round the set-aside downward and construct the lesser whole number of affordable units and shall also contribute the fractional subsidy payment (“fractional subsidy payment”) to be made to the municipality and deposited in the municipal Affordable Housing Trust Fund. The fractional subsidy payment amount shall be calculated as the fractional unit multiplied by the base subsidy payment amount currently established by the municipality as the average subsidy reflected in financial pro formas for 100% affordable housing or subsidized developments in the municipality or region on file with the municipality. For example, if seven total units are developed at an inclusionary site, a 20% set-aside would require 1.4 affordable units. Per the requirements above: The developer shall round up the 0.4 unit to one whole affordable unit so as to construct a total of two (2) affordable housing units; or The developer shall round the set-aside downward so as to construct only one affordable unit AND shall pay into the municipal� February 17, 2026 Millburn Township Committee Meeting Minutes 27 affordable housing trust fund a fractional subsidy payment equal to the dollar amount established by the municipality multiplied by 0.4. DRZ-501.5 New Construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 and N.J.S.A. 52:27D-301 et seq.). Per the definition of “New Construction,” this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means. A. The following requirementsshall apply to all new or planned developmentsthat contain very low-, low- and moderate-income housing units. To the extent possible, detailsrelated to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and Administrative Agents. B. Completion Schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development: Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy 25+1 10 50 50 75 75 90 100 C. Design. The following design requirements apply to affordable housing developments, excluding prior round units. 1. Design of 100 percent affordable developments: a. Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4. b. Each bedroom in each restricted unit must have at least one window. c. Restricted units must include adequate air conditioning and heating. 2. Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise. a. Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units. b. Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations. c. Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on￾site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible. d. Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units. � February 17, 2026 Millburn Township Committee Meeting Minutes 28 e. Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units. f. Each bedroom in each restricted unit must have at least one window. g. Restricted units must be of the same unit type as market-rate units within the same building. h. Restricted units and bedrooms must be no less than 90 percent of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4. 3. Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of section b above. Restricted sale units shall comply with the below: a. Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units. b. Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market rate units to the extent feasible. c. Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market rate housing type. Developments containing market-rate duplexes, townhomes, and/orsingle-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval. d. Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4. e. Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s). f. Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units. g. Each bedroom in each restricted unit must have at least one window; and h. Restricted units must include adequate air conditioning and heating. D. Utilities. 1. Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development. 2. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance in accordance with N.J.AC 5:80-26.13(e). E. Low/moderate split and bedroom distribution. 1. Affordable units shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low￾income unit. 2. In each affordable housing development, at least 50% of the restricted units within each bedroom distribution rounded up to the nearest whole number shall be very low- or low￾income units. The municipality has chosen to allow rounding. � February 17, 2026 Millburn Township Committee Meeting Minutes 29 3. Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number,shall be affordable to very low-income households. The very low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development. 4. Affordable housing developments that are not age-restricted or supportive housing shall be structured such that: a. At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units; b. Two-bedroom and/or three-bedroom units compose at least 50 percent of all restricted units; c. The combined number of efficiency and one-bedroom units shall be no greater than 20%, rounded down, of the total number of low- and moderate-income units. The municipality has chosen to allow rounding. d. At least 30% of all low- and moderate-income units, rounded up shall be two-bedroom units. The municipality has chosen to allow rounding. e. At least 20% of all low- and moderate-income units, rounded up shall be three-bedroom units. The municipality has chosen to allow rounding. f. The remaining units may be allocated among two- and three- bedroom units at the discretion of the developer. 5. Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units. F. Accessibility requirements. 1. Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the barrier free subcode. “Ground floor” means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor. 2. Notwithstanding the exemption for townhouse dwelling units in the barrier free subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the barrier free subcode and shall include the following features: a. An adaptable toilet and bathing facility on the first floor; b. An adaptable kitchen on the first floor; c. An interior accessible route of travel however an interior accessible route of travel shall not be required between stories; d. An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor; e. If not all of the foregoing requirements in b.i. through b.iv. can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and f. An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the municipality has� February 17, 2026 Millburn Township Committee Meeting Minutes 30 collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible: a) Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed. b) To this end, the builder of restricted units shall deposit funds within the Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances. c) The funds deposited shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance. d) The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances. e) Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately. g. Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is “site-impracticable” to meet the requirements. If full compliance with thissection would be site impracticable, compliance with thissection for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7. DRZ-501.6 Affordable Housing Programs A. Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c.2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m, “All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c.2, or binding court decisions.” The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual. B. Extension of Controls Program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80- 26.12(h) through (k)). 1. An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following: a. The affordable unit meets the criteria for prior cycle (April 1, 1980 - December 15, 1986) or post December 15, 1986 credits set forth in N.J.A.C. 5:97. b. The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round; c. The municipality shall obtain a continuing certificate of occupancy or a certified statement from the municipal building inspector stating that the restricted unit meets all code standards. d. If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the municipal building inspector, the municipality shall fund and complete the work. � February 17, 2026 Millburn Township Committee Meeting Minutes 31 e. The municipality shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments. f. The deed restriction for the extended control period shall be filed with the County Clerk. C. Assisted Living Residence (per N.J.A.C. 5:97-6.11). 1. An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households. 2. The unit of creditshall be the apartment. However, a two-bedroom apartmentshall be eligible for two units of credit if it is restricted to two unrelated individuals. 3. A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household. 4. Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted. 5. Low- and moderate-income residents cannot be charged any upfront fees. 6. The units shall comply with UHAC with the following exceptions: a. Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers; b. The deed restriction may be on the facility, rather than individual apartments or rooms; c. Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60 percent of median income; and 7. Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80 percent of an applicant’s grossincome may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency’s underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed one and two￾thirds times the rent established for each unit. D. Supportive Housing and Group Homes (per N.J.A.C. 5:97-6.10). 1. The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing: a. Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968). b. Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this subchapter. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services. c. The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household. d. Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act. e. Occupancy shall not be restricted to youth under 18 years of age. f. In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least five percent of those restricted units. g. The bedrooms and/or units shall comply with UHAC with the following exceptions: a) Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be� February 17, 2026 Millburn Township Committee Meeting Minutes 32 affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program; b) Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4). h. With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this Section. i. Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner. j. The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility: a) An Affirmative Marketing Plan in accordance with D1 above; and b) If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another State agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside. k. The sponsor/owner shall complete annual monitoring as directed by the MHL. DRZ-501.7 Regional Income Limits. A. Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households. B. Regional income limits are based on regional median income, which is established by a regional weighted average of the “median family incomes” published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3. C. Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year. DRZ-501.8 Maximum Initial Rents And Sales Prices. A. In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC N.J.A.C. 5:80-26.4. B. The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52 percent of regional median income. C. The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income. The maximum rent may be increased to no more than 70 percent of regional median income for moderate￾income units within affordable developments where very-low-income units compose at least 13 percent of the restricted units; however, the number of units with rent affordable to households earning 70 percent of regional median income may not exceed the number of very-low-income units in excess of 13 percent (rounded up) of the restricted units.) D. The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very low-income unitsshall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count. E. The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income,� February 17, 2026 Millburn Township Committee Meeting Minutes 33 and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate￾income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits. F. The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low- and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance. G. In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met: 1. A studio or efficiency unit shall be affordable to a one-person household; 2. A one-bedroom unit shall be affordable to a one and one-half person household; 3. A two-bedroom unit shall be affordable to a three-person household; 4. A three-bedroom unit shall be affordable to a four and one-half person household; and 5. A four-bedroom unit shall be affordable to a six-person household. H. In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met: 1. A studio or efficiency unit shall be affordable to a one-person household; 2. A one-bedroom unit shall be affordable to a one and one-half person household; and 3. A two-bedroom unit shall be affordable to a two-person household or to two one-person households. Where pricing is based on two one-person households, the developer shall provide a list of unitsso priced to the Municipal Housing Liaison and the Administrative Agent. I. The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95 percent of the purchase price and the FreddieMac 30-Year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30 percent of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. J. The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30 percent of the gross monthly income of a household of the appropriate size whose income istargeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities does not exceed 30 percent of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. K. At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18- 61.1.f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled “Housing in Northeast urban, all urban consumers, not seasonally adjusted.” Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.� February 17, 2026 Millburn Township Committee Meeting Minutes 34 DRZ-501.9 Affirmative Marketing. A. The municipality shall adopt, by resolution, an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented. B. The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 2 (Two) and is required to be followed throughout the period of deed restriction. C. The Affirmative Marketing Plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences. 1. Where the municipality has entered into an agreement with a developer or residential development owner to provide a preference for very-low-,low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311.j, there shall be a preference for veterans for up to 50 percent of the restricted rental units in a particular project. 2. There shall be a regional preference for all householdsthat live and/or work in Housing Region 2 (Two) comprising Essex, Morris, Union and Warren Counties. 3. Subordinate to the regional preference, there shall be a preference for households that live and/or work in New Jersey. 4. With respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement. D. The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Process, including the marketing of initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the municipality shall implement the Affirmative Marketing Process to ensure the Affirmative Marketing of all affordable units, with the exception of affordable programsthat are exempt from Affirmative Marketing as noted herein. E. The Affirmative Marketing Process shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Process, the Administrative Agent shall consider the use of language translations where appropriate. F. Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and municipal library in the municipality in which the units are located; and the developer’s rental or sales office. The developershall mail applicationsto prospective applicants upon request and shall make applications available through a secure online website address. G. In addition to other Affirmative Marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this paragraph. H. In implementing the Affirmative Marketing Process, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law. I. The Affirmative Marketing Process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy. J. The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of Affirmative Marketing for resales. DRZ-501.10 Selection of Occupants of Affordable Housing Units.� February 17, 2026 Millburn Township Committee Meeting Minutes 35 A. The Administrative Agent shall use a random selection process to select occupants of very low-, low- and moderate-income housing. B. A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16. DRZ-501.11 Occupancy Standards. A. In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to: 1. Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units; 2. Provide a bedroom for every two adult occupants; 3. With regard to occupants under the age of 18, accommodate the household’s requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and 4. Avoid placing a one-person household into a unit with more than one bedroom. DRZ-501.12 Control Periods for Restricted Ownership Units and Enforcement Mechanisms. A. Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80- 26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 yearssubject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented. B. Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only). C. The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction. D. If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period. E. After the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this subchapter until the owner gives notice of their intent to make an exit sale, at which point: 1. If the municipality exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or 2. If the municipality does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale. F. Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent. G. Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit’s equalized assessed value without the restrictions in place. H. At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obliging the purchaser, as well as the purchaser’s heirs, successors, and assigns, to repay, upon the first non￾exempt sale after the unit’s release from the restrictions set forth in this Ordinance, an amount equal to the difference between the unit’s non-restricted fair market value and itsrestricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit. I. The affordability controls set forth in this Ordinance shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units. DRZ-501.13 Price Restrictions for Restricted Ownership Units and Resale Prices.� February 17, 2026 Millburn Township Committee Meeting Minutes 36 A. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented, including: 1. The initial purchase price and affordability percentage for a restricted ownership unit shall be set by the Administrative Agent. 2. The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C 5:80-26.7. a. If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price for a is the most recent non-exempt purchase price. b. If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3 3. The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be: a. those that render the unit suitable for a larger household or the addition of a bathroom. b. The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80- 26.6(d); 4. No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to 10-year, straight-line depreciation. B. Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit wasinitially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price of the air conditioning equipment, which shall be subject to 10-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale. DRZ-501.14 Buyer Income Eligibility. A. Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income. B. Notwithstanding the foregoing, the Administrative Agent may, upon approval by the municipality, and subject to the Division’s approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the� February 17, 2026 Millburn Township Committee Meeting Minutes 37 administrative agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D￾311.k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit. C. A certified household that purchases a restricted ownership unit must occupy it as the certified household’s principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year. D. The Administrative Agentshall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35 percent of the household’s eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists: 1. The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses will reduce its housing costs; 2. The household has consistently paid more than 35% (40% for households eligible for age￾restricted units) of eligible monthly income for housing expenses in the past and has proven its ability to pay; or 3. The household is currently in substandard or overcrowded living conditions; 4. The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments DRZ-501.15 Limitations on Indebtedness Secured by Ownership Unit; Subordination. A. Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this Section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness. B. With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.7(c). DRZ-501.16 Control Periods for Restricted Rental Units. A. Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713 and shall remain subject to the requirements of this ordinance for a period of at least 30 years as applicable unless otherwise indicated. B. Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this Ordinance for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period for a total of 45 years. C. The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if� February 17, 2026 Millburn Township Committee Meeting Minutes 38 affordability controls are being extended, on the effective date of the extension, which is the end of the original control period. D. Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years. E. Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent. F. Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be recorded by the developer with the county records office, and provided as filed and recorded, to the Administrative Agent within 30 days of the receipt of a certificate of occupancy. G. A restricted rental unit shall remain subject to the affordability controls of this Ordinance despite the occurrence of any of the following events: 1. Sublease or assignment of the lease of the unit; 2. Sale or other voluntary transfer of the ownership of the unit; 3. The entry and enforcement of any judgment of foreclosure on the property containing the unit; or 4. The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC. DRZ-501.17 Rent Restrictions for Rental Units; Leases and Fees. A. The initial rent for a restricted rental unit shall be set by the Administrative Agent. B. A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the Administrative Agent. C. No additional fees, operating costs, or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent. 1. Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household. D. Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this Ordinance. E. Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable. F. Pet fees may not exceed $30.00 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited. G. Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants. H. For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with 5:80-26.13(c)1, may continue until the occupant household’s current lease term expires or that occupant household vacates the unit, whichever occurs later. DRZ-501.18 Tenant Income Eligibility.� February 17, 2026 Millburn Township Committee Meeting Minutes 39 A. Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows: 1. Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median income by household size. 2. Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income by household size. 3. Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median income by household size. B. The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household’s eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists: 1. The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs; 2. The household has consistently paid more than 35% (40% for households eligible for age￾restricted units) of eligible monthly income for rent in the past and has proven its ability to pay; 3. The household is currently in substandard or overcrowded living conditions; 4. The household documents the existence of assets with which the household proposes to supplement the rent payments; or 5. The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit. C. The applicant shall file documentation sufficient to establish the existence of any of the circumstances in 2.a. through 2.e. above with the Administrative Agent, who shall counsel the household on budgeting. DRZ-501.19 Municipal Housing Liaison. A. The Municipal Housing Liaison shall be approved by municipal resolution. B. The Municipal Housing Liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in in N.J.A.C. 5:99-1 et seq. C. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities, which may not be contracted out to the Administrative Agent: 1. Serving as the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the State, affordable housing providers, administrative agents and interested households. 2. The oversight of the Affirmative Marketing Plan and affordability controls. 3. When applicable, overseeing and monitoring any contracting Administrative Agent. 4. Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan. 5. Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division. 6. Coordinating meetings with affordable housing providers and administrative agents, as needed. 7. Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division. 8. Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80- 26.1 for each affordable housing development.� February 17, 2026 Millburn Township Committee Meeting Minutes 40 9. Coordinating with the Administrative Agent, municipal attorney and municipal Construction Code Official to ensure that permits are not issued unlessthe document required in C.8. above has been duly recorded. 10. Listing on the municipal website contact information for the MHL and Administrative Agents. DRZ-501.20 Administrative Agent. A. All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, NJAC 5:99-1 et seq. and UHAC. B. The fees for administrative agents shall be paid as follows: 1. Administrative agent fees related to rental units shall be paid by the developer/owner. 2. Administrative agent fees related to initial sale of units shall be paid by the developer. 3. Administrative agent feesrelated to resalesshall be paid by the seller of the affordable home. 4. Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality. C. An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s). The Operating Manual(s) shall be available for public inspection in the Office of the Clerk and in the office(s) of the Administrative Agent(s). Operating manuals shall be adopted by resolution of the Governing Body. D. Subject to the role of the Administrative Agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7and which are described in full detail in the Operating Manual, including those set forth in UHAC, include: 1. Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division; 2. Affirmative marketing: a. Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the municipality and the provisions of N.J.A.C. 5:80-26.16. b. Providing counseling, or contracting to provide counseling services, to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements; and landlord/tenant law. 3. Household certification. a. Soliciting, scheduling, conducting and following up on interviews with interested households. b. Conducting interviews and obtaining sufficient documentation of grossincome and assets upon which to base a determination of income eligibility for a low- or moderate-income unit; c. Providing written notification to each applicant as to the determination of eligibility or non-eligibility within 5 days of the determination thereof. d. Requiring that all certified applicantsfor restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq. e. Creating and maintaining a referral list of eligible applicant households living in the housing region, and eligible applicant households with members working in the housing region, where the units are located. f. Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units. 4. Affordability controls. a. Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.� February 17, 2026 Millburn Township Committee Meeting Minutes 41 b. Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk’s office after the termination of the affordability controls for each restricted unit in accordance with UHAC. c. Communicating with lenders and the Municipal Housing Liaison regarding foreclosures. d. Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.11. 5. Records retention. a. Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate. b. Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality. 6. Resales and re-rentals. a. Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental. b. Instituting and maintaining an effective means of communicating information to very low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental. 7. Processing requests from unit owners. a. Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this ordinance. b. Reviewing and approving requests to increase sales pricesfrom owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizationsto be limited to those improvementsresulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems. c. Notifying the municipality of an owner’s intent to sell a restricted unit. d. Making determinations on requests by owners of restricted units for hardship waivers. 8. Enforcement. a. Securing annually from the municipality a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it; b. Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent; c. Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4; d. Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and e. Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls. 9. The Administrative Agent(s)shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein. DRZ-501.21 Responsibilities of The Owner of a development containing affordable units. A. The owner of all developments containing affordable units subject to this subchapter or the assigned management company thereof shall provide to the administrative agent:� February 17, 2026 Millburn Township Committee Meeting Minutes 42 1. Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document. 2. The total number of units in the project and the number of affordable units. 3. The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses / unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document. 4. Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof. 5. A projected construction schedule. 6. The location of any common areas and elevators. 7. The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes. B. In addition to A above, the owner of rental developments containing affordable rental units subject to this subchapter or the assigned management company thereof shall: 1. Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued. 2. Provide to the administrative agent a description of any applicable fees. 3. Provide to the administrative agent a description of the types of utilities and which utilities will be included in the rent. 4. Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period. 5. Provide to the administrative agent a proposed form of lease for any rental units. 6. Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units. 7. Strive to maintain the continued occupancy of the affordable units during the entire restricted period. C. In addition to A, above, the owner of affordable for-sale developments containing affordable for-sale units subject to this subchapter or the assigned management company thereof shall provide the administrative agent: 1. Proposed pricing for all units, including any purchaser options and add-on items. 2. Condominium or homeowner association fees and any other applicable fees. 3. Estimated real property taxes. 4. Sewer, water, trash disposal, and any other utility assessments. 5. Flood insurance requirement, if applicable. 6. The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget. DRZ-501.22 Enforcement of Affordable Housing Regulations A. Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any� February 17, 2026 Millburn Township Committee Meeting Minutes 43 funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance. B. After providing written notice of a violation to an owner, developer or tenant of an affordable unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice: 1. The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court: a. A fine of not more than five-hundred dollars per day or imprisonment for a period not to exceed ninety days, or both, unless otherwise specified below, provided that each and every day that the violation continues or existsshall be considered a separate and specific violation of these provisions and not a continuation of the initial offense; b. In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Affordable Housing Trust Fund of the gross amount of rent illegally collected; c. In the case of an owner who has rented his or her affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant’s reasonable relocation costs, as determined by the Court. C. The municipality shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements (N.J.S.A. 52:27D-321.6.e.(2)), following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000. D. The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner’s equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit. 1. Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality , including attorney’s fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff’s sale. 2. The proceeds of the Sheriff’s sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- or moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff’s sale. In the event that the proceeds from the Sheriff’s sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality. 3. Foreclosure due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units asthey apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff’s sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from� February 17, 2026 Millburn Township Committee Meeting Minutes 44 whom title and possession were taken by means of the Sheriff’s sale shall not be entitled to any right of redemption. 4. If there are no bidders at the Sheriff’s sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the affordable unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess that would have been realized from an actual sale as previously described. 5. Failure of the low- or moderate-income unit to be either sold at the Sheriff’s sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser that may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units. 6. The affordable unit owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner. E. It is the responsibility of the municipal housing liaison and the administrative agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be re-leased within a reasonable amount of time upon the vacating of the unit by a tenant. If an administrative agent or municipal housing liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a 30-day cure period. If, after the 30-day cure period, the developer, landlord, or property manager remains in violation of any terms of this subchapter, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the municipal housing liaison or the administrative agent to refer a certified tenant. F. Banks and other lending institutions are prohibited from issuing any loan secured by owner occupied real property subject to the affordability controlsset forth in thissubchapter ifsuch loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located. Any loan issued in violation of this subsection is void as against public policy. G. The Agency and the Department hereby reserve, forthemselves and for each administrative agent appointed pursuant to thissubchapter, all of the rights and remedies available at law and in equity for the enforcement of this subchapter, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge. H. Appeals 1. Appeals from all decisions of an administrative agent appointed pursuant to this subchapter must be filed, in writing, with the municipal housing liaison. A decision by the municipal housing liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an administrative agent’s decision is a final administrative action. Severability and Repealer (A) If any provision or portion of a provision of this ordinance is held to be unconstitutional, preempted by federal or State law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. (B) All ordinances or parts of ordinances which are inconsistent with any provisions of this ordinance are hereby repealed as to the extent of such inconsistencies.� February 17, 2026 Millburn Township Committee Meeting Minutes 45 Ordinance 2732-26 Mr. Serruto brought forth Ordinance 2732-26 for introduction and provided a brief explanation of the ordinance. Graham Petto, Planner, reviewed the ordinance. Mr. Serruto moved the ordinance to be taken up and passed on first reading and public hearing would take place on March 9th, 2026 at 1:00pm at the Millburn Town Hall, located at 22 East Willow Street. Mr. Stoller seconded the motion. Mayor Saccomandi requested a roll call vote. Roll Call Vote: All Ayes ORDINANCE NO. 2732-26 AN ORDINANCE TO AMEND CHAPTER 22 – DEVELOPMENT FEES STATEMENT OF PURPOSE: This ordinance repeals and replaces Chapter 22 of the Township Code (“Development Fees”) to update and restate the Township’s authority and procedures to impose, collect, deposit, monitor, report, and expend residential and non-residential development fees for affordable housing purposes, consistent with applicable State law and court requirements. The ordinance establishes the residential development fee rate, the non-residential development fee rate, exemptions and credits where applicable, collection timing and administrative procedures, appeal processes, and requirements for maintaining a separate interest-bearing Municipal Affordable Housing Trust Fund. The ordinance further provides that trust fund revenues and interest may be expended only for eligible affordable housing purposes pursuant to a Spending Plan, with annual monitoring/reporting requirements and limitations on administrative expenditures. WHEREAS, the Township of Millburn seeks to provide a realistic opportunity for the creation of affordable housing to very low-, low- and moderate-income households; and WHEREAS, the Fair Housing Act, as amended by P.L.2024, c.2, and the Uniform Housing Affordability Controls, N.J.A.C. 5:99, authorize municipalities, subject to court approval, to impose, collect, and expend development fees through a municipal affordable housing trust fund and spending plan; and WHEREAS, the Township has established an Affordable Housing Trust Fund and desires to amend and restate its development fee ordinance to conform to P.L.2024, c.2, N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act; and WHEREAS, the Township Committee finds that adoption of this Ordinance will ensure development fees are collected, maintained, monitored, reported, and expended solely for eligible affordable housing purposes in accordance with a Court-approved Spending Plan and applicable law. BE IT ENACTED AND ORDAINED, by The Township Committee of The Township of Millburn, in The County Of Essex and The State Of New Jersey that Chapter 22, is repealed in its entirety and replaced as follows: Section I. Chapter 22 – Development Fees is repealed in its entirety and replaced by the following: Chapter 22 - Development Fees. 22-1 Purpose a. This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L.2024, c.2), N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant to this Ordinance shall be used for the sole purpose of providing very low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan. 22-2 Basic Requirements a. The municipality previously adopted a development fee ordinance, which established the Municipal Affordable Housing Trust Fund. b. The municipality shall not spend development fees until the court has approved a plan for spending such fees.� February 17, 2026 Millburn Township Committee Meeting Minutes 46 22-3 Residential Development Fees a. Imposed fees 1. Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit. 2. When an increase in residential density is permitted pursuant to a “d” variance granted under N.J.S.A. 40:55D-70d(5), developersshall be required to pay a “bonus” development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application. b. Eligible exactions, ineligible exactions and exemptions for residential development 1. Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made an eligible payment in lieu of on-site construction of affordable units, if permitted by ordinance, or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024 per P.L.2024, c.2, shall be exempt from development fees. 2. Developments that have received preliminary or final site plan approval prior to the adoption of this ordinance and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued. 3. Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced. The development fee shall be calculated on the increase in the equalized assessed value of the improved or replaced structure as compared to the previous structure. 4. No development fee shall be collected for the demolition and replacement of a residential building resulting from a fire or natural disaster. 22-4 Non-Residential Development Fees a. Imposition of fees 1. Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots. 2. Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes. 3. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the� February 17, 2026 Millburn Township Committee Meeting Minutes 47 difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero. b. Eligible exactions, ineligible exactions and exemptions for non-residential development 1. The non-residential portion of a mixed-use inclusionary or market-rate developmentshall be subject to a 2.5% development fee, unless otherwise exempted below. 2. The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs. c. Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF “State of New Jersey Non-Residential Development Certification/Exemption.” Any exemption claimed by a developer shall be substantiated by that developer. d. A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non￾residential development, whichever is later. e. If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner. 22-5 Collection Procedures a. Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit. b. For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF, “State of New Jersey Non-Residential Development Certification/Exemption,” to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF. c. The construction official responsible for the issuance of a building permit shall notify the tax assessor of the issuance of the first construction permit for a development that is subject to a development fee. d. Within 90 days of receipt of that notice, the tax assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development. e. The construction official responsible for the issuance of a final certificate of occupancy shall notify the tax assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee. f. Within 10 business days of a request for the scheduling of a final inspection, the tax assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee. g. Should the municipality fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of section 37 of P.L.2008, c.46 (N.J.S.A. 40:55D-8.6).� February 17, 2026 Millburn Township Committee Meeting Minutes 48 h. Fifty percent (50%) of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy. 22-6 Appeal of development fees a. A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party. b. A developer may challenge non-residential development fees imposed by filing a challenge with the director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party. 22-7 Affordable Housing Trust Fund a. A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the chief financial officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls. b. The following additional funds shall be deposited in the Municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount: 1. Paymentsin lieu of on-site construction of an affordable unit, where previously permitted by ordinance or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024 per P.L.2024, c.2; 2. Funds contributed by developersto make 10% of the adaptable entrancesin a townhouse or other multistory attached dwelling unit development accessible; 3. Rental income from municipally operated units; 4. Repayments from affordable housing program loans; 5. Recapture funds; 6. Proceeds from the sale of affordable units; and 7. Any other funds collected in connection with the municipal affordable housing program including but not limited to interest earned on fund deposits. c. The municipality shall provide the Division with written authorization, in the form of a tri￾party escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal affordable housing trust fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq. d. Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund: 1. Failure to meet deadlines for information required by the Division in its review of a development fee ordinance; 2. Failure to commit or expend development fees within four years of the date of collection in accordance with N.J.A.C. 5:99-5.5; 3. Failure to comply with the requirements of the Non-Residential Development Fee Act and N.J.A.C. 5:99-3;� February 17, 2026 Millburn Township Committee Meeting Minutes 49 4. Failure to submit accurate monitoring reports pursuant to thissubchapter within the time limits imposed by the Act, this chapter, and/or the Division; 5. Expenditure of funds on activities not approved by the Superior Court or otherwise permitted by law; 6. Revocation of compliance certification or a judgment of compliance and repose; 7. Failure of a municipal housing liaison or administrative agent to comply with the requirements set forth at N.J.A.C. 5:99-6, 7, and 8; 8. Other good cause demonstrating that municipal affordable housing funds are not being used for an approved purpose. e. All interest accrued in the housing trust fund shall only be used on eligible affordable housing purposes approved by the Court. 22-8 Use of Funds a. The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non￾residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan. b. Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees. c. At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very low-income households. 1. Affordability assistance programs may include down payment assistance,security deposit assistance, low-interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, infrastructure assistance, and assistance with emergency repairs. The specific programsto be used for affordability assistance shall be identified and described within the Spending Plan. 2. Affordability assistance for very low income households may include producing very low-income units or buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. d. No more than 20% of all affordable housing trust funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants’ fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an Affirmative Marketing Program and for compliance with the Superior Court and the Program including the costs to the municipality of resolving a challenge. 22-9 Monitoring a. On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1st to December 31st through the AHMS Reporting System. This reporting shall include an accounting of all Municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposesfor which any funds have been expended. Such� February 17, 2026 Millburn Township Committee Meeting Minutes 50 reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to the March 20, 2024 statutory elimination per P.L. 2024, c.4), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court. 22-10 Ongoing Collection of Fees a. The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of Compliance Certification or the good faith effort to obtain it. b. If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of itsJudgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to section 20 of P.L.1985, c.222 (C. 52:27D-320). 22-11 Emergent Affordable Housing Opportunities. Requeststo expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1. Severability and Repealer (A) If any provision or portion of a provision of this ordinance is held to be unconstitutional, preempted by federal or State law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. (B) All ordinances or parts of ordinances which are inconsistent with any provisions of this ordinance are hereby repealed as to the extent of such inconsistencies. Ordinance 2733-26 Mr. Cosgrove brought forth Ordinance 2733-26 for introduction and provided a brief explanation of the ordinance. Graham Petto, Planner, reviewed the ordinance. Mr. Cosgrove moved the ordinance to be taken up and passed on first reading and public hearing would take place on March 9, 2026 at 1:00pm at the Millburn Town Hall, located at 22 East Willow Street. Mr. Stoller seconded the motion. Mayor Saccomandi requested a roll call vote. Roll Call Vote: All Ayes ORDINANCE 2733-26 AN ORDINANCE AMENDING THE DEVELOPMENT REGULATIONS AND ZONING ORDINANCE OF THE TOWNSHIP OF MILLBURN TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT REGARDING COMPLIANCE WITH THE TOWN’S AFFORDABLE HOUSING OBLIGATIONS BY ESTABLISHING AN AFFORDABLE HOUSING OVERLAY ZONE DESIGNATED AS THE FOURTH ROUND-AHO DISTRICT AND MODIFYING THE ZONING MAP WHEREAS, in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq, and the Municipal Land Use Law, the Township of Millburn Planning Board has adopted a Housing Element and Fair Share Plan on June 18, 2025 to address the Township’s Fourth Round constitutional obligation to provide a realistic opportunity for the development of housing that is affordable to low- and moderate￾income families and individuals; and WHEREAS, in order to implement the Housing Element and Fair Share Plan, the Code of the Township of Millburn must be amended to allow for overlay zone districts to address the prospective need obligation in accordance with N.J.S.A. 52:27D-304.1.f.2.c; and � February 17, 2026 Millburn Township Committee Meeting Minutes 51 WHEREAS, the Township Committee has adopted a Master Plan Reexamination and Update on December 19, 2018, which establishes land use goals and objectives to guide future development and redevelopment within the Township; WHEREAS, Goal 1 of the Master Plan Reexamination and Update calls for the Township to “encourage appropriate land uses that promote the character of the Township as a small suburb of the highest quality,” including Objective 1.01 to “protect the character of established residential neighborhoods and encourage land use and development at an appropriate scale and density,” Objective 1.02 to “promote the appropriate mix of development in Downtown and other commercial areas,” and Objective 1.05 to “create the realistic opportunity to provide for its fair share of the region’s affordable housing,” and the Township’s adoption of this Ordinance is intended to advance and implement these Master Plan goals and objectives. NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Millburn, in the County of Essex and the State of New Jersey, as follows: Section I. The Zoning Map under Chapter DRZ – Attachment 4 – Schedule D shall be and is hereby amended and supplemented by the addition of the Fourth Round Affordable Housing Overlay (FR-AHO) District, incorporating the following properties as shown on the Official Tax Map of the Township of Millburn said overlay zone: Block Lot 801 3 801 4 801 15 801 16 1005 3 Section II. The Zoning Regulations are hereby amended by adding a new section DRZ 606.4.6, Fourth Round Affordable Housing Overlay (FR-AHO) District, to read in its entirety as follows: DRZ 606.4.6 FR Affordable Housing Overlay (FR-AHO) District 1. Purpose and Intent. The purpose of this article is to supplement Article 6 of the Code of the Township of Millburn in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel II”) and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. These regulations are intended to implement the Housing Element and Fair Share Plan. The FR-AHO district is designed to enable property within the Overlay District to be developed with multi-family residential development in conjunction with the underlying zone district development standards that are, and shall remain, in force. Multi-family residences permitted in the FR-AHO Districtshall include affordable housing set-aside as provided for elsewhere in this section. 2. Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Township of Millburn: Block Lot 801 3 801 4 801 15 801 16 1005 3 3. Principal Permitted Uses. The following principal uses shall be permitted in the FR-AHO District: a. Multi-family dwellings. b. Existing permitted uses, permitted by the underlying zone district. c. Development of a site in the FR-AHO where the underlying zone is the B-4 zone, may be in combination with the permitted use of the overlay zone and the underlying zone. For all other sites in the FR-AHO, development is permitted for either a permitted use� February 17, 2026 Millburn Township Committee Meeting Minutes 52 authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both. 4. Maximum Permitted Density 1. There shall be a maximum residential density as follows: a. For properties in Block 801: 35 dwelling units per acre b. For properties in Block 1005: 25 dwelling units per acre 5. Affordable Housing Mandatory Set-Aside. All multi-family dwellings shall comply with the affordable housing mandatory set-aside requirements of DRZ – 501 – Affordable Housing. SECTION III. All existing ordinances or parts of ordinances in conflict or inconsistent with any part of this ordinance are hereby repealed to the extent that they are in such conflict or inconsistent. SECTION IV. In the event that any section, provision or part of provision of this ordinance shall be held to be unenforceable or invalid by any court,such holding shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so held unenforceable or invalid. SECTION V. This ordinance shall not be effective until approved by the Superior Court of New Jersey after a Compliance Hearing and after final passage and publication in accordance with law. Ordinance 2734-26 Mr. Stoller brought forth Ordinance 2734-26 for introduction and provided a brief explanation of the ordinance. Graham Petto, Planner, reviewed the ordinance. Mr. Stoller moved the ordinance to be taken up and passed on first reading and public hearing would take place on March 9, 2026 at 1:00pm at the Millburn Town Hall, located at 22 East Willow Street. Mr. Cohen seconded the motion. Mayor Saccomandi requested a roll call vote. Roll Call Vote: All Ayes ORDINANCE 2734-26 ORDINANCE AMENDING AND SUPPLEMENTING THE TOWNSHIP OF MILLBURN DEVELOPMENT REGULATIONS AND ZONING ORDINANCE WHEREAS, in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq, and the Municipal Land Use Law, the Township of Millburn Planning Board has adopted a Housing Element and Fair Share Plan on June 18, 2025 to address the Township’s Fourth Round constitutional obligation to provide a realistic opportunity for the development of housing that is affordable to low- and moderate￾income families and individuals; and WHEREAS, the Master Plan Reexamination and Update, adopted December 19, 2018, includes Objective 1.01 to “Protect the character of established residential neighborhoods and encourage land use and development at an appropriate scale and density;” and WHEREAS, the Master Plan Reexamination and Update includes Objective 1.05: Create the realistic opportunity to provide for its fair share of the region’s affordable housing. WHEREAS, the Master Plan Reexamination and Update recommends the Township “promote clear, user friendly, and transparent application, review and public hearing processes for development proposals and applications;” and WHEREAS, the Township regulates zoning standards under Article 6, Zoning Provisions, § DRZ 606, Zone Requirements, § DRZ 606.8, Office research OR-1, OR-2, OR-3. NOW, THEREFORE, BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MILLBURN, IN THE COUNTY OF ESSEX AND STATE OF NEW JERSEY, AS FOLLOWS: Section 1. Article 6, Zoning Provisions, § DRZ 606, Zone Requirements, § DRZ 606.8 Office research OR￾1, OR-2, OR-3, is hereby amended and restated to read as follows: §DRZ – 606.8 Office Research OR-1, OR-2, OR-3� February 17, 2026 Millburn Township Committee Meeting Minutes 53 d. Purpose. To provide administrative, research or engineering facilities related to scientific research, product development or related activities; office uses; hotel; service facilities; multifamily housing developments; and where permitted herein, Mixed-Use Development. e. Permitted Principal uses. c. Offices, including medical offices, ambulatory surgical facilities, or urgent care, in the OR-1 and in the OR-2 Zone, and financial institutions. d. Retail services, such as beauty salons and barber shops. e. In addition in the OR-1 Zone, office-hotel complex, multifamily housing development in the area bounded by Block 5302, Lot 1, at the date of adoption of this ordinance. f. In addition in the OR-3 Zone, Mixed-Use Development subject to the standards contained herein. f. Accessory Uses. 1. Parking and loading areas, which shall not include below-grade structured parking facilities., except in mixed use developments pursuant to 606.8.f. 2. Indoor and outdoor residential amenity space, except for rooftop decks and other rooftop amenities. 3. Sustainable building and site design features, such as but not limited to roof-mounted solar-energy-generating facilities, green roof, and electric vehicle supply equipment. 4. Any other use which is subordinate and customarily incidental to multifamily housing developments, and the use of which is limited to building occupants and management. 5. Any other use which is subordinate and customarily incidental to a nonresidential use. g. Area and Setback Requirements. The following requirements shall apply to each zone unless otherwise expressly provided herein. Mixed-Use Developments in the OR-3 Zone shall instead be governed exclusively by the standards set forth in Subsection (f). 5. Minimums OR-1 OR-2 OR-3 o Lot area – acres 5 10 o Lot area – square feet 10,000 o Lot width – feet 400 100 400 o Lot depth – feet 400 100 400 o Front setback 75* 15 75* o Side setback 50 7 50 o Rear setback 25 20 50 NOTE: * Front setback for accessory uses shall be 25 feet or equal to the height of the accessory structure, whichever is greater. 6. Maximums OR-1 OR-2 OR-3 o Building coverage 25% 20% 15% o Floor area ratio 0.50 0.40 0.40� February 17, 2026 Millburn Township Committee Meeting Minutes 54 o Lot coverage 65% 65% 55% o Building height – feet 100 32 60 h. Other Provisions. (1) In the OR-2 District, off-street parking shall be located in the side and rear yard areas whenever possible. (2) In the OR-1 District, maximum development yield for multifamily housing developments shall not exceed a density of 20 24 dwelling units per acre. (3) All residential developments shall include an on-site affordable housing set-aside of 20% of the total number of units. The affordable housing units shall comply with the Township's affordable housing regulations and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.), which shall control in the case of any conflicts with this section as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). Compliance shall include but is not limited to the following: required bedroom and income distribution, with the sole exception that 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning 30% or less of median income pursuant to the Fair Housing Act, affordability controls of at least 30 years, phasing in compliance with N.J.A.C. 5:93-5.6(d), and affirmative marketing, including posting of all affordable units on the New Jersey Housing Resource Center website in accordance with P.L. 2020, c. 51.[2] Additionally, the affordable units shall be integrated with the market-rate units. In buildings with multiple dwelling units, the affordable units shall be generally distributed within each building with market units, and the affordable units shall not be concentrated in separate buildings or in separate areas or floors from the market-rate units. The residents of the affordable units shall have full and equal access to all of the entryways, amenities, common areas, and recreation areas and facilities as the residents of the market-rate units comply with all requirements of DRZ-501 Affordable Housing. i. Provisions for Mixed-Use Development. In the OR-3 District, Mixed-Use Development shall be permitted subject to the standards set forth below. (1) Tract Area. The land area required for Mixed-Use Development shall be a minimum of 14 acres. (2) Required Components. A Mixed-Use Development shall contain the following: a. A residential component consisting of one or more multi-family residential buildings with apartment units and associated amenities and services, including but not limited to a pool, fitness center, screening room, golf simulator, business center and concierge. b. An office component consisting of one or more office buildings with executive, professional and/or business offices. c. A hotel component consisting of a single building offering transient lodging accommodations to the general public and which may contain associated facilities, including but not limited to restaurants/bars, health/fitness rooms, ballrooms and meeting/conference rooms. (3) Maximum Development Yield. ● Notwithstanding any other provisions contained herein, the total number of multi-family residential units within a Mixed-Use Development shall not exceed 200 310.� February 17, 2026 Millburn Township Committee Meeting Minutes 55 ● Notwithstanding any other provisions contained herein, the total gross floor area of office use within a Mixed-Use Development shall not exceed 260,000 square feet. ● Notwithstanding any other provisions contained herein, the total number of hotel rooms within a Mixed-Use Development shall not exceed 250. (4) Permitted Accessory Uses. The following accessory uses shall be permitted in a Mixed￾Use Development: ● Off-street parking, including in a separate structure or within a building (i.e., above and below grade) as permitted herein. ● Off-street loading. ● Any other accessory uses expressly permitted herein. ● Any other use which is subordinate and customarily incidental to one or more of the component uses of the Mixed-Use Development, including but not limited to, leasing/sales/management offices, maintenance and trash collection/recycling buildings and recreational amenities associated with residential development. (5) Locational Requirements. 1. No multi-family residential building shall be located within 250 60 feet of the John F. Kennedy Parkway right-of-way, nor shall any such building be located greater than 600 feet from the westerly perimeter boundary of the OR-3 Zone. 2. No hotel building shall be located within 150 feet of the Canoe Brook Road right-of-way, nor shall such building be located greater than 500 feet from the westerly perimeter boundary of the OR-3 Zone. (6) Development Standards. 2 Maximum building height: 60 78 feet. 3 Maximum lot coverage: 75%. 4 Maximum building coverage: 45%. 5 Maximum Floor Area Ratio: 1.2 6 Minimum multi-family residential hotel building setback to John F. Kennedy Parkway right-of-way: 60 feet. 7 Minimum multi-family residential hotel building setback to the westerly perimeter boundary of the OR-3 Zone: 20 feet. 8 Minimum multi-family residential building setback to Canoe Brook Road right-of-way: 10 feet. 9 Minimum multi-family residential building setback to the westerly perimeter boundary of the OR-3 Zone: 20 feet. 10 Minimum office building setback to John F. Kennedy Parkway right-of-way: 100 feet. 11 Minimum office building setback to Canoe Brook Road right-of-way: 50 feet.� February 17, 2026 Millburn Township Committee Meeting Minutes 56 12 No surface parking area shall be located closer than 10 feet to the perimeter boundary of the OR-3 Zone, except that in the case of the easterly perimeter boundary, no surface parking area shall be located within 100 feet of same. 13 No freestanding parking structure shall exceed two levels in height, nor shall such structure be located within 50 feet of the John F. Kennedy Parkway right-of-way; within 20 feet of the Canoe Brook Road right-of-way; or within 100 feet of the easterly perimeter boundary of the OR-3 Zone. 14 All areas not devoted to buildings or paved surfaces shall be landscaped as deemed appropriate by the Planning Board. An overall landscaping plan shall be submitted indicating the type, size and spacing of all grasses, plants, shrubs, evergreen and deciduous trees and shall include landscaping site details for any other decorative features. 15 Parking for multi-family residential use shall comply with the requirements of the New Jersey Residential Site Improvement Highrise Standards (RSIS); including those provisions under N.J.A.C. 5:21-4.14(e) regarding shared parking standards for mixed-use developments. 16 The parking requirement for office use shall be 3.6 spaces for every 1,000 square feet of gross floor area. The parking requirement for hotel use shall be in accordance with subsection 607.2. 17 Off-street loading shall be provided in accordance with Section 607.1. 18 Multi-family residential development shall provide an on-site set-aside of low- and moderate-income units equal to 20% of the total number of units if such housing is offered for sale, and a set-aside equal to 20% 15% of the total number of units if such housing is rental. Such units shall be integrated throughout the multi-family building(s). The provision of low- and moderate-income housing shall be subject to the then applicable regulations of the New Jersey Council on Affordable Housing and the Uniform Housing Affordability Controls., in accordance with all requirements of DRZ-501 Affordable Housing. 19 No development, except for maintenance and improvements to the existing stormwater detention basin, shall occur within 100 feet of the easterly perimeter boundary of the OR-3 Zone. 20 Except for low- and moderate-income units, all All multi-family residential units shall be limited permitted to be either one, or two or three bedrooms. (7) Dimensional, Bulk and Internal Setback Requirements. Recognizing that an existing office building and ancillary parking areas may be reused and that additional buildings are contemplated as part of the overall Mixed-Use Development, the intent of these regulations is to encourage creative and innovative design and provide flexibility in terms of how existing and proposed new buildings shall visually relate to each other as well as the general landscape. As such, multiple buildings on a lot are permitted and there shall be no minimum lot area, depth, width or floor area ratio requirements governing development other than as established herein. There shall be no setback requirements to interior lot lines that may be created as part of any future subdivision within the Mixed Use Development tract. There shall be no minimum distances between buildings except as required by applicable building and fire safety codes. Residential and non-residential uses may share the same internal roadways. (8) Building Articulation and Massing.� February 17, 2026 Millburn Township Committee Meeting Minutes 57 a. Multi-family building facade bulk should be broken down vertically into a series of bays and/or through vertical changes in the facade plane. Individual facades should be defined by a change in material, color, pattern and/or texture; use of columns, pilasters, gutters or expansion joints massing; and/or size and rhythm of fenestration. Facade definition should extend upward through all levels of the building. b. Multi-family buildings should be differentiated horizontally into a base, middle and top, as follows: 1. The base should be highlighted architecturally to visually ground the building. Detailing at the base should be richer than on upper floors. For example, horizontal banding, belt course and/or larger window openings, as well as signage, lighting and awnings or canopies will help highlight the base. 2. The middle should be distinguished from the base and top by horizontal belt courses or cornices, and/or changes in material, texture and fenestration pattern. 3. The top floor and/or the roof line should be distinguished from the base and middle with a coping, parapet wall, balustrade and/or cornice, change in material, texture and/or fenestration pattern. c. Roof shape and mass should relate to the multi-family building massing on the lower levels. Flat and peaked roof shapes are permitted, but mansard roofs are prohibited. Flat roofs should incorporate green design features to the extent practical. (9) Building Facade Detailing. a. (a) Windows shall occupy at least 25% of the facade area, excluding partially buried existing subsurface structured parking levels. b. (b) A change in plane and variation in materials and/or detailing should be provided for any windowless wall area in excess of 20 feet in length. c. (c) Any parking within a building that is above grade shall be architecturally screened and detailed to create an attractive and harmonious facade, as follows: 1. (1) The parking facade should be designed with a similar level of detail, materials and fenestration pattern as is used on the upper-floor facades. 2. (2) Window openings should be provided in the parking facade, with a similar size, spacing, quantity and enframement as in the building mass above the parking area. 3. (3) Window openings should be fully glazed with translucent glass, allowing shadows and silhouettes behind the glass to be visible. Newly constructed Garage openings shall be free of glazing Alternately, window openings may be open, free of glazing, but shall be covered by decorative metal grilles or grates. 4. (4) Window sizing, placement, glazing and grilles/grates should be designed to minimize headlight glare. 5. (5) A low planting area should be provided along the parking facade. Plantings should be varied in height and color or texture, and should provide greenery in winter months as well.� February 17, 2026 Millburn Township Committee Meeting Minutes 58 d. Preferred materials for facades are brick, cultivated stone or other masonry facing; fiber cement siding or backboard; metal panels; metal, and glass. No more than three different materials should be employed as primary materials on a building facade. Within the chosen primary materials, variation in color, texture and/or pattern may be employed to create further distinctions. The level of materials, detailing and articulation should be consistent along all facades. Materials should be extended around corners and extensions in order to avoid a "pasted on" appearance. e. All major mechanical equipment located on any roof of a building should be screened from view from all vantage points with a material harmonious to that used in the facade of the structure. (10)Site Plan and Subdivision Applications. Application shall be made initially for preliminary site plan approval for the entire Mixed Use Development tract, or simultaneously, for preliminary site plan approval for the entire Mixed Use Development tract and final site plan approval for a portion or portions of the tract. Nothing contained herein shall preclude the developer of the Mixed-Use Development tract from seeking subdivision approval of the tract pursuant to the terms hereof. At the time of applying for preliminary and/or final site plan approval or subsequent to obtaining preliminary site plan approval, an application may be made for subdivision approval for purposes of creating up to three separate lots, allowing for the separate ownership of individual components of the Mixed Use Development tract. The provisions of this ordinance regarding lot size and bulk standards for the Mixed Use Development tract shall not apply to lots that may be created for individual components of the Mixed Use Development. At the time of the filing of the subdivision plats, a cross-easement agreement, in a form reasonably acceptable to the Planning Board attorney, shall be recorded against the Mixed-Use Development tract providing for the construction, maintenance, access and use of all shared facilities by the owners of each of the subdivided lots, as appropriate. Section 2. Severability. Each section, subsection, paragraph, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this Ordinance, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, preempted, void, or ineffective for any clause or reason, such determination shall not affect the remaining provisions of this Ordinance, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this Ordinance are severable. Section 3. Effective Date. This Ordinance shall take effect immediately upon final passage and publication according to law. Section 4. Prior actions. All actions of the Township of Millburn taken prior to the date of adoption hereof contemplated by this Ordinance are hereby ratified and approved. Section 5. Codification. This Ordinance may be renumbered for codification purposes. Section 6. The Township Clerk is hereby authorized and directed to forward this ordinance to the Planning Board for its review and comment as authorized by the Law. Section 7. The Township Clerk is hereby authorized and directed to provide such notice and publication of this matter so as to permit the conduct of all public hearings as are required by the Law. Section 8. The Township Clerk is hereby authorized and directed to forward this ordinance to the Essex County Planning Board after final adoption, as provided by the Law. � February 17, 2026 Millburn Township Committee Meeting Minutes 59 ORDINANCE / SECOND READING AND CONSIDERATION OF ADOPTION Ordinance 2727-26 Mr. Stoller brought forth Ordinance 2727-26 for public hearing and reviewed the ordinance. Mayor Saccomandi opened the hearing to the public. Jay Morreale, resident, thanked the Committee members for their service to the community. He thanked the Commission, employees and volunteers for their hard work on parks and recreation. He recognized the impressive number of activities available to the residents. He suggested more discounted activity passes for seniors. Mr. Stoller recognized the Recreation Commission; he stated that it was a testament to the community and volunteers. He advised that he would bring Mr. Morreale’s suggestions forward. Mr. Stoller moved that the public hearing be closed and the ordinance to be taken up and passed on second reading; Mayor Saccomandi requested a second and Mr. Serruto seconded the motion. Mayor Saccomandi requested a roll call vote. Roll Call Vote: All Ayes ORDINANCE NO. 2727-26 ORDINANCE AMENDING RECREATION FEES IN CHAPTER 8, “PARKS AND RECREATIONAL AREAS”, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MILLBURN Statement of Purpose: The purpose of this Ordinance is for the Township to revise fees for Millburn Township Recreation Department programs. BE IT ORDAINED by the Township Committee of the Township of Millburn in the County of Essex, as follows: Section 1. Subsection 8-11, Recreation Fees, of the Code of the Township of Millburn, New Jersey, is hereby amended to read in its entirety as follows: “8-11 RECREATION FEES. The fees to be charged by the Recreation Department for annual permits, guests, activities, etc. shall be as follows: YELLOW = ADDED OR CHANGED RED = REMOVED Fee or Fee Range Pool Memberships: Family $357.00 – $400.00 Individual $192.00 – $215.00 Swim Team Only (July 15 through July) $116.00 – $130.00 Senior Citizen (Over 62) $97.00 – $110.00 Associate $203.00 – $225.00 Child Care $158.00 – $180.00 Pool Guest Fees: Weekdays, per person $11.00 – $13.00 Saturdays, Sundays & Holidays, each $13.00 – $15.00 Pool Accessory Sales $1.00 – $25.00 Pool, Golf, Tennis/Pickleball Physical Membership Cards $10.00 – $15.00 Tennis/Pickleball Memberships: Age 22+ $78.00 – $90.00� February 17, 2026 Millburn Township Committee Meeting Minutes 60 Age 18-21 $56.00 – $65.00 Age 8-17 $29.00 – $35.00 Golf Resident Membership, Par 3: Resident Age 22+ $115.00 – $130.00 Resident Age 13-21 $62.00 – $70.00 Resident Age 8-12 $37.00 – $45.00 Golf Non-Resident Membership, Par 3: Non-Resident Age 18+, Limited $122.00 – $145.00 Non-Resident Age 18+, Unlimited $210.00 – $250.00 Non-Resident Age 13-17 $122.00 – $145.00 Non-Resident Employed in Township of Millburn $163.00 – $195.00 Golf Green Fees, Par 3: Resident Nonresident Weekdays $5.00 – $7.00 $9.00 – $11.00 Saturdays, Sundays & Holidays $7.00 – $9.00 $12.00 – $15.00 Golf Guest Fees, Par 3: Weekdays $15.00 – $17.00 Saturday, Sunday & Holidays $18.00 – $21.00 Additional Consecutive Rounds $4.00 – $6.00 Pull-Cart Rental $4.00 – $6.00 Youth Activities: General Youth Activities $2.00 – $260.00 All-Star Teams – Various Sports $75.00 – $200.00 Badminton – Youth $20.00 – $30.00 Baseball – T-Ball / Quickball $100.00 – $120.00 Basketball – Biddy $99.00 – $150.00 Basketball – Youth $100.00 – $120.00 Basketball – Travel $219.00 – $305.00 Basketball – High School – Intramural $10.00 – $100.00 Cheerleading $100.00 – $250.00 Chess $25.00 – $110.00 Clinics – Various Sports, Clinics/Camps, etc. $25.00 – $300.00 Cross Country – Youth $100.00 – $120.00 Cross Country – Travel $35.00 – $100.00 E-Sports – Clinics, Programs, Tournaments $125.00 – $300.00 Equipment Deposit $50.00 – $150.00 Field Hockey – Youth $100.00 – $250.00 Football - Flag $100.00 – $120.00 Football – Tackle $100.00 – $500.00 Kickball – Youth $50.00 – $110.00 Roller/Street Hockey $100.00 – $150.00 Soccer – Youth/In-Town $100.00 – $120.00 Soccer – Travel/Inter-Town $$100.00 – $180.00 Softball – Youth/In-Town $100.00 – $120.00 Softball – Travel/Inter-Town $100.00 – $130.00 Softball – Suburban Travel $100.00 – $300.00 Softball – High School Intramural $10.00 – $100.00 Special Needs Programs $80.00 – $150.00 STEM / Science Programs $125.00 – $300.00 Summer Camp, Mini-Camp – 3 wks $369.00 – $380.00 plus $30 – $60 spec event fee Summer Camp, Junior Camp 3 wks $243.00 – $255.00 plus $30 – $60 spec event fee Summer Camp, Playground Camp 3 wks $498.00 – $527.00 plus $80 – $110 spec event fee Summer Camp, TGIS Camp – 3 wks $268.00 – $287.00 plus $110 – $130 spec event fee Swimming Team $100.00 – $150.00 Table Tennis $25.00 – $115.00 Track & Field – Youth $100.00 – $120.00 Volleyball – In-Town $100.00 – $120.00� February 17, 2026 Millburn Township Committee Meeting Minutes 61 Volleyball – Travel $150.00 – $175.00 Volleyball – High School Intramural $10.00 – $100.00 Wrestling – Youth (1st-3rd Grade) $50.00 – $100.00 Wrestling – Travel (4th-8th Grade) $160.00 – $200.00 Adult Activities: Individual & Team Activities $10.00 – $150.00 Seniors – Crafts, Exercise and Other Programs $10.00 – $150.00 Badminton – Open Play Adult $20.00 – $50.00 Basketball – Open Gym Adult, Weekdays $20.00 – $50.00 Basketball – Open Gym Adult, Weekends $20.00 – $75.00 Pickleball – Open Play Adult $40.00 – $50.00 Softball – Adult Leagues $10.00 – $150.00 Swim Programs – Lap Swim, etc. $100.00 – $150.00 Table Tennis $25.00 – $115.00 Volleyball – Open Gym Adult, Weekdays $20.00 – $50.00 Volleyball – Open Gym Adult, Weekends $20.00 – $75.00 Other (Special Activities): Special Events – Four Miler, Fishing Derby, etc. $0.00 – $75.00 Skiing – Multi-Day $350.00 – $580.00 Skiing – Weekend $475.00 – $650.00 Skiing – Transportation $150.00 – $250.00 Lessons: Golf Lessons – Group $25.00 – $40.00 per ½ hr Golf Lessons – Individual $35.00 – $65.00 per ½ hr Swim Lessons – Group $100.00 – $300.00 per session Swim Lessons – Individual $27.00 – $40.00 per ½ hr Tennis Lessons – Group $10.00 – $50.00 per hr Tennis Lessons – Individual $40.00 – $100.00 per hr Building Rental Fees (per hour) Bauer Community Center Assembly Room – Weekdays $20.00 – $50.00 Assembly Room – Weekends $35.00 – $75.00 Kitchen – Weekdays (per event) $15.00 – $25.00 Kitchen – Weekends (per event) $20.00 – $30.00 Other Rooms – Weekdays $17.00 – $30.00 Other Rooms – Weekends $20.00 – $60.00 Gero Recreations Center Meeting Room Weekdays $17.00 – $30.00 Weekends $20.00 – $60.00 Facility Rental Deposit - Cleaning Charge/Assessment $50.00 – $150.00 Facility Rental – Picnic Area / Special Events Permit $40.00 – $400.00 Facility Rental – Equipment / Other (per event) $10.00 – $100.00 Facility Rental – Restrooms $15.00 – $25.00 Field Rental (per hour) $30.00 – $100.00 Field Rental Lights (per hour) $25.00 – $100.00 Field Rental Lights – Turn-On Fee (per rental) $0.00 – $250.00 Refund Processing Fee 15%* *Refunds only issued if requested in writing prior to the deadline indicated on the program flyer Section 2. This ordinance shall take effect upon final passage and publication pursuant to law. Old Business� February 17, 2026 Millburn Township Committee Meeting Minutes 62 1. Proposed Long Term Strategic Plan Advisory Committee Update Mayor Saccomandi reviewed the proposed updates and asked for comments from the Committee. Mr. Serruto voiced support to move forward as proposed. Mayor Saccomandi would send the proposal over to Mr. Kantor and Mr. McDonald so an ordinance could be drafted. He would like an ordinance to be introduced at the next meeting. New Business 1. Fines (i.e., parking, sidewalk clearing) Mayor Saccomandi reviewed comments and complaints that were received after the storm specifically regarding improper snow cleanup from business owners. He felt the current $100.00 fine was not enough of an incentive to make sure the snow would get cleared. He proposed raising the fine to $500.00. He also suggested raising the double parking fine to $500.00 for the first offence. He stated there should be a mandatory court appearance if you are blocking traffic. He remarked that proper signage would need to be placed for enforcement of fines. He commented that if people don't follow the rules, they would be penalized. Mr. Stoller stated it came down to a safety issue for both snow removal and double parking. Mr. Cohen agreed double parking was a safety issue and the town needed to ensure enforcement. Mayor Saccomandi reviewed new technology and automated enforcement. He wanted to move on the fines but also would like to look at piloting the automated enforcement. Mr. Cosgrove thought the $500.00 fine was too steep and noted that it felt it was a tremendous increase. He thought it better to increase somewhat and work on enforcement. Mayor Saccomandi commented that if the fine was not high enough, there was not enough incentive for people to clear snow if they could just pay a lower fine. He thought if they had to go to court, maybe the judge would lessen the fine for a first offense. Mr. Cohen replied that they would need to publicize and have signage everywhere. Mr. McDonald commented that they would need to verify if such a fine would be allowed to increase up to $500.00. Mr. Serruto supported the $500.00 increase and spoke about a one-hour free pilot for the parking deck. Mr. Stoller expressed that it could be communicated when they advise a fine increase. Mr. McDonald reviewed designated spaces for ride share. 2. Advisory Committee on Culture, Engagement, Diversity and Arts (CEDA) Mayor Saccomandi advised that he and Mr. Cohen were notified following the first CEDA meeting with valid concerns. He commented that the leadership had gone rogue a bit and perhaps new leadership was needed. He pointed out that they had not been adhering to the structure set for by the resolution. He felt it was the Committee's responsibility to intercede and fix it and thought maybe the Committee should appoint the Chair. He commented on the “tile project” and noted that a church in town had been excluded. He pointed out that more oversight was needed. Mr. Cosgrove commented that he was the liaison for the CEDA. His understanding was that an organizational meeting would take place in March. At that time, they would vote for a Chair and secretary and invited all to attend the meeting. He affirmed that there was a problem with political tiles and the decision was made by the 250th Committee not to have any political tiles. He was unaware if the church that was excluded, did or did not get an invitation. He voiced that they should have their organizational meeting.� February 17, 2026 Millburn Township Committee Meeting Minutes 63 Mayor Saccomandi reviewed structure and concerns. Mr. Cohen commented that Mr. Cosgrove was the liaison and can make sure they comply. He was sure they were now all aware of it. Mr. Stoller explained the importance of keeping records and proper procedure is followed. Mayor Saccomandi asked Deputy Mayor Cosgrove to take the lead until someone was appointed. He encouraged the committee to record all of their meetings via Zoom/YouTube. Mr. Serruto agreed that they needed to make sure they were following the resolution and that he was in favor of making changes on how leadership was chosen. Mr. Cohen replied that he was in favor of the Committee choosing their own leader as they see fit. Mayor Saccomandi agreed with Mr. Serruto and proposed possibly choosing the Chair for the first year. Mr. Cohen pointed out that he did not think it was necessary and thought they should be allowed time to fix the problems and let them choose their Chair. He added that they would be given direction as to what the Committee expects of them moving forward and felt they would comply. Mr. Stoller pointed out that Mr. Cosgrove had been there all year and felt that there was a duty to ensure that rules were followed. He did not like the fact that there had been no minutes taken. Mayor Saccomandi asked Mr. Stoller if he would be in favor of taking corrective action along with Mr. Serruto. Mr. Stoller agreed. Mr. Kantor confirmed that they would repeal and replace the resolution. Mayor Saccomandi asked for it to be listed at the next meeting. 3. Downtown Zoning Enhancements Mayor Saccomandi mentioned that there were some zoning regulations that were perhaps unfriendly to the downtown area. He asked Steve Grillo, SID Executive Director, to speak on it. Mr. Grillo reviewed his suggestions for downtown zoning regulations. He commented on considering allowing offices and medical uses on the first floor in the downtown. He was thinking 5 to 10 years into the future as retail continues to change. He noted that his recommendation was to sit down with the Township Planner to start planning for the future, to allow those types of uses. Mayor Saccomandi advised that he liked the enrichment aspect suggested. He asked Mr. Petto to confirm if the proposed uses mentioned were allowed. He had heard criticism about the process of coming into downtown being quite costly. He suggested that they try to get ahead of it for future benefits. Mr. Cohen commented that they are sub 1% vacant. He advised that he saw no reason to change the zoning code regulations. He added that possibly in the future if vacancy rates creep up, the Committee could address it. He pointed out that his concerns were about keeping control and felt it was important that the code be precise to prevent loopholes. Mr. Cosgrove commented that over the past 5 years he had seen a chipping away of the zoning codes in town and he was not in favor. He advised that it was a landlord and tenant problem. He mentioned that a $1.8 million dollar restaurant was being built on the Paper Mill campus directly competing with established restaurants. He pointed out that zoning ordinances have been chipped away enough already. Mr. Stoller remarked that businesses would drive the energy downtown. He felt Mr. Cosgrove gave a false impression of the Paper Mill matter. He commented that Mr. Cosgrove's comments were so “big government” and felt he was completely off base with regard to the Paper Mill restaurant comments. He commented that anything the Committee could do to enhance business in Millburn should be done.� February 17, 2026 Millburn Township Committee Meeting Minutes 64 Mayor Saccomandi understood points offered by Messrs. Cohen and Cosgrove. He advised that if they kept the code as is, they are going to get skipped over by the enrichment-based businesses. He would like to hear from our Planner, Mr. Petto. He added that they could work with the planner, SID and Zoning Code Subcommittee to figure out what would make sense and what type of business Millburn would like to attract. Mr. Cohen was in favor of learning-based businesses but not in favor of regular broad office use. Mayor Saccomandi reviewed options with the Committee. Mr. Cohen voiced opposition. He did not feel it was necessary for those types of businesses to occupy a first-floor storefront. He stated that there was plenty of other space for them. Mr. Grillo reviewed the recommendation regarding the 125-foot prohibition for restaurants. Mayor Saccomandi reviewed areas that would be affected by the 125-foot prohibition. Mr. Grillo specified the recommended area. Graham Petto, Planner, stated that the main area would be the B4 zone downtown. He noted that many towns are discussing the same thing. He expressed that Mr. Grillo’s points are valid and were important for the Committee to evaluate the recommendations. He reviewed several ordinances that would be coming to the Committee for review. He remarked that he would be happy to work with Mr. Grillo and the Zoning Code Examination Committee. Mayor Saccomandi asked if it should be considered and brought to the Committee to discuss. He felt a lot of the issues have been going on for years and needed to be addressed. Mr. Serruto appreciated Messrs. Cosgrove and Cohen’s comments about being conservative. He supported bringing it to the Zoning Code Examination Committee. He agreed with taking the conservative approach and noted that he did not want to see dead buildings in town. Mr. Grillo reviewed businesses in the SID. He stated that he would like to look at recommendations and see what would make sense. He discussed the 125-foot set back rule in the business districts as it related to residential buffers. He noted inconsistencies and commented on other towns' zoning. Mr. Cohen reviewed conditions and conditional uses. He added that if it wasn’t broken, why fix it. Mr. Grillo reviewed being consistent with inconsistencies of downtown zoning. Graham Petto, Planner, reviewed the rules and regulations process. He stated that he would be happy to speak with the Zoning Code Examination Committee about more of their concerns and bring that information back to the Committee for consideration. Mayor Saccomandi would like to see what recommendations the Zoning Code Examination Committee comes up with. Graham Petto, Planner, would look at this, guided by the Master Plan. Mr. McDonald mentioned the loading/delivery times within the downtown district. Mr. Stoller communicated that it should all be encompassed. Mayor Saccomandi agreed with regulating the loading and unloading in the business districts. Mr. McDonald asked Mr. Petto if he had seen these regulations in zoning or in the general code. Graham Petto, Planner, explained that typically loading and unloading would be under the streets and sidewalks, Chapter 15 of the code. He would be happy to advise on other communities as well. Mr. McDonald thanked Mr. Petto.� February 17, 2026 Millburn Township Committee Meeting Minutes 65 4. Historic District Tax Incentives Mayor Saccomandi reviewed potential tax incentives for people located in a historic district. He noted two other towns that offered tax breaks. He explained if you were to make improvements to the property, you would get a tax abatement for a period of time. He asked the Committee if they would like to explore some incentives. He suggested perhaps waiving permitting fees because of the expense going to the Historic Preservation Commission Mr. Cohen preferred to waive the permit fees because they are a one-time thing. He stated that if you shifted other fees, then the burden would be on the other residents. He suggested possibly setting a cap. Mr. Stoller was in favor of the benefit. He felt it was fair. Mr. Serruto agreed that the permit reduction might be the better route. He supported moving forward. Mr. Cosgrove was not convinced but felt the permitting idea would be the better solution. Mayor Saccomandi asked if there was interest in doing something similar to Westfield. Where if improvements were made, then over a five-year period your assessment would be static. Mr. Stoller felt it gave people incentive to be historic. Mayor Saccomandi felt it gave more control to those in historic districts. Mr. Cohen asked if it would be limited to historic districts. He wouldn't want to see people self￾designating their home. He felt it would have to be a district and not an individual home. Mr. Stoller commented that he did not want to step on anyone’s rights. He remarked that big government is stepping on their rights every day. Mayor Saccomandi advised that they would not want to do anything that would negatively impact the revenue of the town in a significant way. Like Westfield, there had to be a way to provide some incentives. Mr. Cohen felt they would open themselves up to legal challenges if they started to play around with assessments. He felt giving a break on permitting fees was okay. Mr. Stoller did not agree with Mr. Cohen’s comments. Mr. Serruto asked for a consensus to look at it. Mayor Saccomandi asked if legal could look into the Westfield ordinance. Mr. McDonald suggested for the Committee to form a subcommittee to look into this. He felt there was a lot to look at and understand the economic impact. Mayor Saccomandi recommended that he and Mr. Cohen could be the subcommittee to review this matter in more detail and report back to the Committee; all agreed. He added that they would work with Mr. Kantor and report back. Public Comment Mayor Saccomandi made the following statement: “When invited to speak to offer your comments, please come to the lectern, clearly state your name and whether you are a Millburn Township resident and/or property or business owner. Please do not provide your full address seeing our meetings are recorded and are readily available to the public. For the convenience of our community, there is a remote option. If you called in and would like to comment, please press *6 now. If you are attending by computer or electronic device please click the raise hand button and be sure your video is on when you comment. All members of the public wishing to speak will be put into the queue to address the � February 17, 2026 Millburn Township Committee Meeting Minutes 66 Committee. To help facilitate an orderly meeting and to permit all to be heard, speakers shall limit their comments to one 3-minute session. You will be prompted when there is 30 seconds remaining. A reminder that this is not a time for dialogue or to debate a matter and this is a time during our business meeting for the public to offer comments. Jay Morreale, resident, commented on zoning. He felt allowing more, you give up control. He felt the landlords would have control and reviewed his concerns. He encouraged the Committee put together a plan and decide on what they would like to see downtown and use zoning to control it. Jeffrey Feld, resident, commented on CEDA, Planning Board meeting and tax incentives. He discussed notices, loading in business districts and zoning, SID and Main Street New Jersey. Peter Humphries, resident, commented on tax incentives within the historic districts. He looked at frequently asked questions during the presentation of the HPC and reviewed his concerns. He remarked that if property values go up, taxes go up. He believed that should clearly be brought up to the attention of those affected, if true as per the Historic Preservation Commission had suggested. He voiced concerns with being taxed in a historic district. Perri Urso, commercial property owner, voiced opposition to SID, noting six objection letters. She reviewed history and concerns with the SID. Judith Cristian, resident, felt the Committee should wait until they see how the Annie Sez property plays out before making any changes; she mentioned the $500.00 penalty fine proposal. She suggested increasing the time allotted for shoveling. It would give people who physically can't do it in 24 hours more time to get it done. Ellen Steinberg, resident, stated she resided in the proposed historic district. She advised that she was opposed to it being designated a historic district. She reviewed housing costs in that area and spoke about abatement incentives, asking if they were going to provide the incentive for all the historic districts. She communicated that the cost of the abatements would have to be put on the backs of the other residents. She communicated that the town needed to look at the practicality of subsidizing. Jorge Mastropietro, resident, communicated his passion was urban design. He addressed downtown, and voiced that people don’t want to see medical buildings. He added that people are not going to walk downtown if there was nothing they want to see. He used Summit as an example, parking in the rear and stores in the front. He noted that offering a better experience for people walking is the way to go. He agreed that by changing zoning, they could lose control. Jean Pasternak, resident, asked if the Zoom link for the meeting could be placed somewhere more prominent. She commented on zoning and voiced opposition to development. She spoke in favor of historic designation. She was in favor of the tax abatement/incentives but should be carefully considered. Mayor Saccomandi closed the public portion and asked for comments from the Committee. Mr. Serruto agreed that there were a lot of parking lots downtown. He felt the need for more recreational activities, especially for the younger generation. In addition, they need excellent restaurants and need to keep recruiting. He advised that he felt more defense mechanisms are needed for the community. Mr. Cosgrove agreed that if zoning is chipped away, the town loses control. He replied to Ms. Urso, stating that he did read all the letters that had been sent. He agreed with the reccomendation with having more time to remove snow if they are going to impose a large fine. Mr. Cohen agreed with Mr. Morreale’s comment about loss of control. He was also in agreement with having more time to shovel. He agreed that incentives should go to the homeowner at the time of designation and if they were to sell then it would be gone. Mr. Stoller commented that an incentive would help with not having someone build huge homes across the street. He commented on parking lots and noted he supports affordable housing. He would like � February 17, 2026 Millburn Township Committee Meeting Minutes 67 them to be business friendly and not give up zoning control. He agreed with adding more time for snow removal if fees are increased. Mayor Saccomandi commented on proposed zoning changes and his goal was to start the conversation and to see if there were items that the Zoning Code Examination Committee wanted the town Committee to consider. He added it is also important to consider fixing inconsistencies. He stated he was conservative on zoning and would like to look at the enrichment type businesses. He thought some items should go in front of the new Strategic Planning Committee. He added that based on the overall vision for the downtown, there may be zoning changes. He addressed Ms. Urso and stated that he did receive the letters and took them into consideration. He commented on the Zoom link, giving possible alternatives. He spoke about possible incentives for historical districts and the subcommittee would gather information and report back. Adjournment Mayor Saccomandi asked for a motion to adjourn the meeting. Mr. Stoller made a motion to adjourn; the motion was seconded by Mr. Serruto to Adjourn the meeting at 10:30PM. Vote: All Ayes _______________________________ Christine A. Gatti, RMC Municipal Clerk Approved: March 17, 2026�