12/12/2025
“Appropriate Infrastructure” – A Loophole Big Enough to Drive a Concrete Truck Through
The Sustainability and Resilience Amendment (“SRA”) creates a legal pathway for blanket upzoning in ANY single-family neighborhood, even those nowhere near transit, commercial corridors, or walkable centers.
How does the SRA accomplish this?
The SRA’s 1st recommendation states: “Continue to promote higher density, compact, mixed-use development in areas with APPROPRIATE INFRASTRUCTURE to reduce automobile dependency and reduce carbon footprint.”
The problem? Neither the SRA nor any public discussion about it has defined what “appropriate infrastructure” actually means.
Why does this matter?
Because when a term this central is undefined, the Planning Board gains broad discretion to decide what counts as “appropriate.” And that discretion can be exercised even when none of the factors tied to REAL “smart growth” (like proximity to transit, commercial areas, or walkable centers) are present.
In practice, “appropriate” could be interpreted as simply a paved street, existing utilities, or any baseline condition present in virtually every neighborhood.
This creates a legal opening for unelected, Planning Board members to apply personal housing ideologies on a CASE-BY-CASE basis without standards, predictability, or guardrails.
I can already hear the reflexive cries of “we need more supply” and “basic supply/demand.” Our next post will walk through the ACTUAL dynamics of Montclair’s housing market and why those theoretical arguments simply don’t hold up in reality.