Planning & Zoning

The Montvale Planning Board fulfills the responsibilities' of both a planning board and a zoning board of adjustment.  It consists of volunteers appointed by the Mayor who are responsible for preparing the Borough Master Plan, subdivisions, site plan review and residential variances in compliance with requirements of the New Jersey Municipal Land Use Law (MLUL). Their responsibility also includes making recommendations to the Governing Body regarding changes to the zoning ordinances, official map and capital improvement projects planned within the Borough of Montvale.

Over the years, the Montvale Planning Board has met the challenge of maintaining the quality of life of the community.  This is evidenced by the effect it has had on the orderly development and redevelopment of our lands into a harmonious blend of residential, recreation, commercial and agricultural land uses.  Combined with our excellent schools, superior community services, abundant employment opportunities, availability of mass transportation, variety of housing alternatives, low property taxes and prudent fiscal policies of the Governing Body, Montvale is considered the pride of the Pascack Valley.  These are just some of the reasons why over 7,000 residents choose to live in our town and why many prestigious companies relocate their national headquarters to Montvale.

All members of this land use board are residents of Montvale except Jeffrey Fette, Construction Code Official, Robert Regan, Esq., Board Attorney, Andy Hipolit, Board Engineer and Richard Preiss, Professional Planner, a consultant to the planning Board. The board consists of nine regular members and three alternate members. 

Applications are reviewed by the board in cases where the literal and rigid interpretation and enforcement of the zoning laws would cause hardship or injustice.   An applicant must meet specific criteria contained in the MLUL by proving the hardship, special need, benefits, and negative criteria .  The burden of proof is placed on the applicant to demonstrate that  any the requested relief is justified without impeding any one else's rights. 

Owners of property situated within 200 feet of any proposed major subdivision, application for site plan approval or variance application will receive notice of a public hearing.  All are welcome to attend the public meetings of the board and are invited to ask questions regarding any application that may appear on the agenda.  Agenda's are posted on our website and the bulletin board in the lobby. Below is the order of a meeting.

Order of a Meeting

The Agenda

The order of events are guided by a printed agenda, available to you before the meeting from the Board Secretary.  The Chair has the right to alter the order of events during the meeting.  All applications on the agenda may not be completed during a given meeting.  If the hearing you are interested in is not completed before adjournment, the Chair will announce a continuation date for that hearing.  In such event, notices in writing will not be repeated.  To confirm a continuation date, call the Planning Board office at 201-391-5700 extension 242 any weekday between 8:30 AM and 4:30 PM.

The Board

The Planning Board consists of 9 voting members and three alternates including: the Mayor or Mayoral appointment, one member of the Borough Council, the Zoning Office, a member of the Environmental Commission and 8 Montvale residents who hold no other municipal office, position or employment.  All Board members are appointed by the Mayor and serve without compensation.  The board is advised by its professionals including the board attorney, the board engineer and the board planner.

A Hearing

A hearing is comparable to a court proceeding.  The Chair presides in a manner similar to a judge, and the Board sits as a jury, deliberating and voting on a final decision.  The applicant provides exhibits and testimony by sworn witnesses to support the application.  In addition, the Board, its advisors and members of the public have the right to cross-examine witnesses and, at the appropriate time, to comment on the merits of the proposal.  The applicant also has the right of cross-examination, so evidence provided by others must be sworn and adequately supported.  For this reason, petitions or letters of objection will be received by the Board but cannot be admitted into evidence.  However, the signer of a petition or the writer of a letter may, of course, appear and testify.

Variances

Often, applications include a request for one or more variances.  A "variance" is permission to depart from the literal requirements of the Municipal Zoning Ordinance.  Such permission may be granted by the Board only upon specific showings by the applicant as required by New Jersey State Law, and the burden of proving the right to a variance rests at all times with the applicant.  If the application includes one or more variance requests, the applicant must provide credible evidence, usually through expert witnesses, that either:

1. the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the applicant, caused by reason of exceptional shape, topography or other situation uniquely affecting the specific property or the structures thereon, or
2. the purposes of zoning would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment.   In either case, the applicant must also show that the variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.

Public Participation

As required by law, a verbatim record of the proceedings will be taken by tape recording, in the event the Board's decision is appealed.  The Chair decides the order of speakers, so if you wish to be heard, wait to be recognized before making your remarks. And when you speak, start by stating your name and address, and then speak slowly, clearly and directly into the microphone.  Any one who wishes to be heard will be given ample time to be heard, at the appropriate time.  As the Board is a quasi-judicial body, we expect the conduct of these proceedings to be dignified and orderly so that all parties may receive a fair, impartial and expeditious hearing and that the record established is as complete, concise and accurate as possible.  To that end, the Chair may limit the time or number of questions one citizen may ask, in order to give adequate time to others, and the Chair may exclude irrelevant, immaterial or unduly repetitious evidence.

Procedures

Step 1. Applicant's Case.  When the hearing is opened by the Chair, the applicant will come forward (usually represented by an attorney); explain the purpose of the hearing; make an opening statement; and call the first witness.  The witness will be sworn in by the Board Attorney and then give testimony in the matter under the direction of the applicant or applicant's attorney.

Step 2. Cross-examination.  Following that testimony, the Board and its advisors may then ask questions or request clarifications of the witness.  Finally, the Chair will open the hearing to the public, limited at that time to questions only, of that witness only. After all questioning of the witness is completed, the applicant will call the next witness, and the above procedures will be repeated, subject to the Chair's discretion and to reasonable limitations as to time and number of witnesses.
 

Step 3. Objector's Case.  When all of the applicant's witnesses have been presented and all testimony and cross-examination is completed, the Chair will invite sworn testimony from objectors and/or other interested parties, and the above procedures will again be repeated.
 

Step 4. Summation.  The summation portion of the hearing follows the completion of all testimony.  At that time, members of the public may offer comments and opinions on the matter and the applicant (or applicant's attorney) may make a closing statement.
 

Step 5. Decision.  After all parties who wish to be heard on the matter have been heard, the hearing will be formally closed.  The Board will then deliberate the matter in public, usually at the same meeting; followed by a motion to request the board attorney to prepare a resolution to be decided upon at the next regularly scheduled meeting.  A brief notice of the final decision will be published in one of the official newspapers of the borough.

When the above procedures are carefully followed, your participation will have maximum impact on the Board's deliberations.  We hope your attendance at a meeting, and the part you may play in it, will be effective and satisfying, and we thank you for coming out to participate in this important democratic process.

The Board meets regularly in the Council Chambers at 7:30pm on the first and third Tuesday of each month and occasionally special meetings are held to address matters of an urgent nature.  Special meetings can be requested, however, there are fees involved.  Agendas for meetings and minutes of prior meetings are posted on the bulletin board located in the lobby of the Municipal Building and posted to the website.

To review copies of the zoning ordinances or application for development, please contact Lorraine Hutter, Land Use Administrator.

The current borough Master Plan as approved on April 2008 can be viewed here.
To view the Re-examination of the Master Plan- June 1, 2010 click here