Montclair Municipal Code Ch. 11.77 Administrative Permit

This chapter is intended to allow for administrative review and decisions for: (1) specific projects involving less complex installations, smaller installations, or less new construction; or (2) applications for which there is no discretion.

(Ord. No. 21-998, § III, 9-20-21)

The following permit and application types shall undergo an administrative review pursuant to this chapter rather than requiring a conditional use permit pursuant to Chapter 11.78:

A. Applications to install or modify wireless facilities on public or private property; except for proposed installations requiring new support structures and,

B. At the Director's discretion, certain collocations based on their complexity.

C. Applications to install monitored electrified security fences pursuant to the requirements and findings contained in Chapter 11.38.100 of the MMC.

(Ord. No. 21-998, § III, 9-20-21; Ord. No. 24-1005, § IV, 2-5-24)

The Director of Community Development (Director), or its designee, is responsible for administering this chapter. As part of the administration of this chapter, the Director may:

A. Interpret the provisions of this chapter and related chapters in Title XI—Zoning and Development;

B. Develop forms and procedures for submission of applications consistent with this chapter;

C. Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this chapter;

D. Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;

E. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

F. Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by proposed work or project;

G. Determine whether to approve, approve subject to conditions, or deny an application; and

H. Take such other steps as may be required to timely act upon applications, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

(Ord. No. 21-998, § III, 9-20-21)

A. Any person adversely affected by the decision of the Director pursuant to this chapter may appeal the Director's decision to the City Manager, who may decide the issues de novo, and whose written decision will be the final decision of the City.

B. Where the Director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the City Manager.

C. All appeals must be filed within two business days of the issuance of the written decision of the Director, unless the Director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law.

(Ord. No. 21-998, § III, 9-20-21)

A. Submissions. Applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to notices of incompleteness and requests for information regarding an application to: Director of Community Development, at City Hall.

B. Content. An applicant shall submit an application on the form approved by the Director, which may be updated from time to time. If no form has been approved, applications must contain all required fee(s), documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed project will comply with applicable federal and state law, the City Code, and will not endanger the public health, safety, or welfare (including proof of compliance with the FCC's radio frequency emissions standards) and must specify whether the applicant believes state or federal law requires action on the application within a specified time period. If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim.

C. Fees. Application fee(s) shall be required to be submitted with any application for an administrative permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for an administrative permit unless paid as a refundable deposit.

D. Waivers. Requests for waivers from any application requirement shall be made in writing to the Director or his or her designee. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the project or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be (1) granted only on a case by case basis, and (2) narrowly tailored to minimize deviation from the application requirements.

(Ord. No. 21-998, § III, 9-20-21)

A. The findings required for approval can be found in the respective sections of the Code for each application or project type.

B. Decisions. Decisions on an application shall be in writing and include the reasons for the decision.

C. Independent Consultants. The Director or City Manager, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in relevant fields in connection with the review of any application under this chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application.

(Ord. No. 21-998, § III, 9-20-21)

The Director or City Manager, as the case may be, may impose conditions of approval on all permits granted pursuant to this chapter.

(Ord. No. 21-998, § III, 9-20-21)

A. An administrative permit may be revoked for failure to comply with the conditions of the permit and applicable law. Upon revocation, any construction or installations made under the permit must be removed; provided that removal of a support structure owned by a City, a utility, or another entity authorized to maintain the support structure need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the project or installation.

B. For projects or installations without a permit. Any work or installations performed without an administrative permit (except for those exempted by this chapter or respective chapters for a specific project type) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the project or installation.

C. Municipal Infraction. Any violation of this chapter will be subject to the penalties set forth in Chapter 1.12 of the City Code.

(Ord. No. 21-998, § III, 9-20-21)