Zoning, building permits and septic rules in Borough of New Milford, New Jersey

Borough of New Milford’s own rules

• Local zoningPresent

  Land inside New Milford borough.

  • The borough code identifies an interim zoning ordinance and establishes zoning districts and a zoning map.

  “Pursuant to Section 77, Chapter 291, Laws of New Jersey 1975, and pending the adoption of a Zoning Ordinance, the Zoning Ordinance of the Borough adopted September 20, 1949, as amended, including every amendment thereof heretofore passed, is hereby readopted in its entirety as an interim Zoning Ordinance so that the same shall read as follows.”

• Zoning districtsPublished

  Land inside New Milford borough.

  • The code identifies Residential A, Residential B, Residential C/Multifamily, Residential D/Townhouse, Residential E/Multi-Family Townhome, Business, Office/Service, Light Industrial Park, and Mixed Use Planned Unit Development zones.
  • The zoning map is incorporated into the chapter.

  “Such districts shall have the boundaries and areas as shown on the map accompanying this chapter and made a part hereof and entitled "Zoning Map Borough of New Milford, Bergen County accompanying Zoning Ordinance 1949 as amended, map revised May 1, 1992" and the several districts as therein laid out are hereby established.”

• Minimum dwelling sizeSpecified

  One-family dwellings in Residential A Zones.

  • For one-floor living space, minimum ground area is 1,000 square feet exclusive of porches and garages.
  • For living spaces equally divided on two floors, minimum is 500 square feet per floor; 75% of the second-floor area must have a ceiling height of at least 7 feet 6 inches.
  • Finished basement or attic living space does not count.

  minimum ground area: >= 1000 square feet (one-floor living space; exclusive of porches and garages) · minimum area per floor: >= 500 square feet (living spaces equally divided on two floors)

  “No one-family dwelling hereafter erected shall occupy a ground area of less than 1,000 square feet, exclusive of porches and garages, where all living spaces are located on one floor, and not less than 500 square feet per floor where living spaces are equally divided on two floors.”

• Minimum lot sizeSpecified

  Residential A Zones.

  • Average lot width must be at least 75 feet, calculated with the code's 100-foot distance-from-street-line rule.
  • There may be no more than one dwelling on a lot.

  minimum lot area: >= 7500 square feet (Residential A Zone dwelling lot) · minimum average lot width: >= 75 feet (portions more than 100 feet distant from the street line are disregarded)

  “In Residential A Zones, each dwelling hereafter erected, together with its accessory buildings and structures shall be located on a lot having an average width of not less than seventy-five (75') feet, provided that, in calculating the average width of a lot, the portions thereof more than one hundred (100') feet distant from the street line shall be disregarded, it being intended that each building lot shall have a minimum area of 7,500 square feet.”

• Living in an RVLimited

  Camp cars and trailers on premises inside New Milford borough.

  • No more than one trailer or camp car may be stored on a premises.
  • A stored trailer or camp car may not be used as a dwelling or sleeping place, temporary or otherwise.
  • Parking a camp car on a street or public property is unlawful.

  “It shall be unlawful for any person, firm, corporation, or partnership to permit the storage of more than one trailer or camp car on any premises within the limits of the Borough. Any such trailer or camp car being stored shall not be used by any person as a dwelling or sleeping place (temporary or otherwise).”

• Septic permitRequired

  Construction of septic tanks and related wastewater facilities inside New Milford borough where public sewer is not available.

  • No privy vault or cesspool may be constructed or maintained where access to a public sewer is available, except a temporary privy vault during erection of a new building.
  • Permits may be refused where soil and topographic conditions make sewage disposal difficult.

  permit fee: 100 USD (for construction and erection and inspection of each privy vault, septic tank, cesspool or manure pit)

  “The fee for the permit for the construction and erection and inspection of each and every privy vault, septic tank, cesspool and manure pit shall be $100.”

• Off-grid sanitationLimited

  Off-grid wastewater disposal inside New Milford borough.

  • A private wastewater facility is barred where access to a public sewer is available.
  • Where sewer is unavailable, construction remains subject to a Board of Health permit and applicable location and soil restrictions.

  “No cesspool privy, privy vault, septic tank or other facility intended or used for the disposal of wastewater shall be built or maintained on such land, nor shall the Health Department issue any permit for any cesspool on land so situated.”

• Building in a floodplainRequired

  Development in a flood hazard area inside New Milford borough.

  • An application must be made to the Floodplain Administrator and the required permit obtained.
  • A floodplain development permit or approval may be required in addition to a building permit depending on the nature and extent of development.
  • Applications require the specified site, construction, grading, filling and valuation information.

  “Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.”

• Short-term rentalsProhibited

  Paid occupancy of a dwelling unit for 30 days or less inside New Milford borough.

  • The prohibition does not prevent an otherwise lawful occupancy for more than 30 days.
  • Short-term occupancy without consideration by a member of the owner's housekeeping unit, such as a house guest, is permitted.

  maximum prohibited rental period: <= 30 days (housekeeping-unit member occupancy without consideration)

  “Notwithstanding anything to the contrary contained in the Borough Code, it shall be unlawful for an owner, lessor, sub-lessor, any other person(s) or entity(ies) with possessory or use right(s) in a dwelling unit, their principals, partner or shareholders, or their agents, employees, representatives and other persons(s) or entity(ies), acting in concert or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any dwelling unit, as defined herein, for a period of 30 days or less.”

Rules another office applies inside Borough of New Milford

Borough of New Milford does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building code adoptedAdopted

  Construction inside New Milford borough under New Jersey's State Uniform Construction Code.

  • The borough maintains a local enforcing agency for the statewide code.

  “All construction work performed in the State is regulated by the Uniform Construction Code (UCC), which contains rules relating to the administration and enforcement of the code as well as four basic technical subcodes: building, electrical, fire protection, and plumbing.”

• InspectionsRequired

  Construction projects inside New Milford borough.

  • Inspections are periodic and occur at required construction stages; inspectors need not be continuously present.

  “During construction, the code official or inspector conducts regular inspections to ensure that the work performed complies with the UCC. The code requires construction work to stop so that certain inspections can be performed at particular points in construction, namely inspection of the bottom of footing trenches before placement of footings and inspection of the rough plumbing and electrical wiring before the framing inspection of framing system before they are covered with finishes.”

• Certificate of occupancyRequired

  Completed construction inside New Milford borough.

  • A certificate is issued after final inspections and verifies completion in accordance with the UCC.
  • For resale, the borough separately requires a continuing certificate for residential premises in Zoning District A.

  “Once a construction project passes final inspections, the builder certifies that the project complies with the UCC and the construction official issues a Certificate of Occupancy. A Certificate of Occupancy verifies that the construction work has been completed in accordance with the UCC.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Borough of New Milford or Bergen County directly.

• Owner-builder exemption — Owner-builder permit exemptions inside New Milford borough.
• Tiny homes — Tiny-home occupancy inside New Milford borough.
• Manufactured homes — Manufactured-home occupancy inside New Milford borough.
• Accessory dwellings — Accessory-dwelling occupancy inside New Milford borough.
• Well permit — Private wells inside New Milford borough.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Off-grid gear

Going off-grid in Borough of New Milford means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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