Each application for rezoning shall specifically address and meet the
burdens established by the following standards:
A. Necessity. No application for rezoning shall be granted
where it is determined that a proper vehicle under an application for development
exists whereby the applicant could obtain the relief sought short of rezoning.
B. Master Plan. No application for rezoning shall be granted
which substantially disrupts the findings and conclusions addressed within
the Master Plan, unless the Land Use Board determines that it is in the best
interest of the Township to amend the Master Plan based on changed circumstances
which challenge the principles upon which the Master Plan was based.
C. Benefit to Township. The applicant shall demonstrate that the proposed rezoning will substantially benefit the Township and the goals to be achieved by proper planning, and will not unduly burden the planned and orderly growth of the Township or place an undue exaction upon the Township facilities required to service the area. The Land Use Board shall have the option to recommend, and the Township Council to require, an applicant to enter into a developer's agreement addressing extraordinary off-site, off-tract impacts that would be implicated by a proposed amendment with respect to specific development for which a concept plan is required pursuant to §
44-2D.
D. Advancement of regulatory purposes. No application for
rezoning shall be granted unless it addresses and advances one or more of
the purposes sought to be advanced within the Municipal Land Use Law, N.J.S.A.
40:55D-2.
E. Regional need. No application for rezoning shall be granted
if it is determined that it would frustrate or impede the Township's
efforts to provide and implement its required share of low- to moderate-income
housing within the Township.
F. General standards. No application for rezoning shall
be granted unless it is determined that it meets the general health, safety
and welfare concerns of the Township.