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Zoning Ordinance adopted to regulate utilities
(by Karen F. Mrnarevic - September 15, 2008)
The Montvale Council voted unanimously at its Sept. 9 meeting to adopt Zoning Ordinance 2008-1291, which will amend the borough’s zoning to include restrictions to utility development. The ordinance was a reworked version of a previously introduced ordinance, which was found by Borough Planner Richard Preiss to be inconsistent with the Master Plan and was subsequently voted down by the governing body.
Ordinance 2008-1291, as drafted, was reviewed by the Planning Board at its Sept. 2 meeting and recommended to the council for adoption. However, some members of the council and various residents present at the meeting thought that the language of the ordinance was not forceful enough to discourage public utilities from developing or expanding within residential areas. As a result, a statement dealing with mandatory buffer zones that a utility must provide between its facilities and residential zones was amended by the council prior to adopting the ordinance.
Originally the ordinance included a requirement that public utility facilities located within or adjacent to residential zones should provide a 40-foot buffer in all directions. However, Councilman Chuck Wehrle said, “I feel very strongly that 40 feet is not sufficient,” he said.
Preiss, who was present at the meeting, responded that he had made the buffer standard 40 feet for a reason. “If you have a standard that’s overreaching… the court will ultimately say this is just a completely unrealistic standard – it’s arbitrary and capricious… One that’s reasonable, that could do the job, that could be upheld, is 40 feet.” Preiss also reminded the council that utilities are already a non-conforming use within residential zones. “The basic ordinance is as far as you can go in directing public utility facilities out of residential areas.”
After a great deal of discussion, the council decided to increase the buffer standard to 70 feet and change the language of that portion of the ordinance to: “New and pre-existing public utilities located within or adjacent to residential zones…”
United Water has an application before the Montvale Zoning Board to install a pumping station and storage tank for a sanitizing agent on property within a residential area in
Upper Montvale where it currently maintains a water tank. Daniel Gielchinsky, an attorney representing United Water before the zoning board got up to speak regarding the amendment to the ordinance. In his opinion, the increase in the buffer requirements was a substantial enough change to the ordinance to warrant reintroducing and re-advertising the ordinance.
Borough Attorney Phil Boggia disagreed with Gielchinsky’s concern, and the council proceeded with its discussion and unanimously voted to adopt the amended ordinance.
Karen F. Mrnarevic's e-mail address is Mrnarevic@northjersey.com.
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