[HISTORY: Adopted by the Township Council of the Township of Pohatcong 5-2-2006 by Ord. No. 06-9. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 45.
Subdivision and site plan review — See Ch. 245.
Zoning — See Ch. 285.
A. 
Municipal Land Use Law terms. Unless the context clearly provides otherwise, terms used in this chapter which are defined within N.J.S.A. 40:55D-1 et seq. shall be given the meanings and be defined in accordance with the statute, and the meanings and definitions provided by that statute are incorporated within this chapter by reference.
B. 
Specific definitions. As used in this chapter, the following terms shall have the meanings indicated:
REZONING
The amendment or other alteration to any development regulation in existence within the Township through the legislative act of the Township of Pohatcong Council proposed by a person or entities having an interest in the development of land within the Township. This term shall not include any amendment or other alteration to any development regulation initiated at any time by the Township Council or the Land Use Board, or to an amendment initiated by any person or entity if part of the periodic re-examination of the Master Plan.
REZONING APPLICATION
An application for rezoning.
A. 
Any person desiring to have the Township rezone certain properties with the Township shall file an application for zoning with the Land Use Board Secretary of the Township. The Land Use Board Engineer shall certify the application as complete or incomplete within 45 days of receipt or it shall be deemed complete on the 46th day after submission. The application shall include a narrative statement that includes the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
The nature of the amendment or other alteration sought to the development regulations.
(3) 
A brief narrative statement concerning the impact and effect which the proposed amendment or alteration would have on the goals, objectives, policies and assumptions set forth in the most recently adopted Master Plan of the Township.
(4) 
A brief narrative statement concerning whether and how the proposed amendment or alteration will further any of the purposes sought to be advanced under the Municipal Land Use Law, N.J.S.A. 40:55D-2, through the adoption of development regulations.
(5) 
A brief narrative statement concerning whether and how the proposed amendment or alteration meets the general health, safety and welfare concerns of the community or the region of which it is a part and a brief narrative statement concerning why the purposes sought to be advanced by the amendment or alteration would not be addressed in a statutorily recognized application for development and why the purposes sought to be advanced by the amendment or alteration cannot await consideration during the next periodic reexamination of the Master Plan under N.J.S.A. 40:55D-89.
B. 
The applicant shall affix to the document a statement providing the specific language which (s)he seeks adopted as an amendment or alteration to the development regulations, which shall be presented in an ordinance format and specifically address each section of the existing development regulations sought to be amended.
C. 
If the proposed amendment or alteration affects specific property within the Township, the document shall contain:
(1) 
In addition to the above, the address, block and lot description, size, dimensions and current zoning district designation of the property in issue.
(2) 
A narrative statement concerning whether the applicant is the owner of the site and, if not, a written consent form for the requested rezone.
(3) 
A narrative description of all uses and/or physical features currently in existence on the property in question and on all properties within 200 feet of any point of the property in question and the impact which the proposed amendment or alteration will have on those existing uses or physical features.
(4) 
A narrative description of the impact which the proposed amendment or alteration will have on any regional or indigenous need for low- to moderate-income housing, how this need was determined and what the extent of this need is.
D. 
If the proposed amendment is in contemplation of specific development, the application shall be accompanied by a concept plan conforming, at a minimum, with the data required in the Land Use Ordinance for a minor site plan/subdivision.[1] The plan shall not be deemed to bind either the applicant or the Township on any subsequent development application, but is required merely to demonstrate the feasibility of the proposed development in accordance with the requested amendment or alteration and the impact which such development will have on adjacent properties, the zoning district in issue and the goals, objectives, policies and assumptions set forth in the Township's Master Plan. The Land Use Board shall have the discretion to waive any checklist item deemed unnecessary to evaluate the application.
[1]
Editor's Note: See Ch. 245, Subdivision and Site Plan Review.
E. 
A complete application for rezoning shall consist of the 15 copies of a properly completed rezoning application. The fees and escrows for applications for rezoning shall be the $500 for the application and $2,000 for the professional review escrow. The applicant shall be responsible for the payment of all professional fees incurred by the Land Use Board or the Township Council in considering the application. Upon receipt of a complete application, the Land Use Board Secretary shall retain one copy and shall distribute copies to the officials and bodies listed below for their review and reports:
(1) 
Land Use Board Engineer: one copy.
(2) 
Land Use Board Attorney: one copy.
(3) 
Township Planner: one copy.
(4) 
Township Clerk: three copies.
(5) 
Land Use Board members: nine copies.
(6) 
Township Attorney: one copy.
A. 
Requirements. Within 45 days of an application being deemed complete, the Land Use Board shall hold a public hearing. The Land Use Board shall review the application in light of the existing Master Plan and conditions existing within the Township development to determine whether the applicant's proposal should be favorably acted upon by the Township Council. The Land Use Board shall make specific detailed findings concerning the applicant's proposal as it relates to the standards set forth in § 44-4 below. The applicant, at all times, shall bear the burden of establishing proofs sufficient to show both the desirability and necessity for rezoning of the property involved.
B. 
Notice and time for decision. The applicant shall provide notice in accordance with the requirements of N.J.SA. 40:55D-11 and 40:55D-13. The Land Use Board shall conclude its review of the proposal within 45 days of the public hearing.
C. 
Reports. Subsequent to action by the Land Use Board, the written findings prepared by the Land Use Board shall be forwarded to the Township Clerk, together with a brief written statement concerning whether the Township Council should or should not grant the application for rezoning.
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.
A. 
Receipt of reports. Subsequent to receipt of the reports referred to above, the Township Clerk will cause the question of the applicant's rezoning request to be placed upon the agenda of a Council meeting, whereupon a public hearing will be held, a review concluded and a decision rendered within 30 days from the date that the Township Clerk receives the reports in question.
B. 
Hearing procedure. At the Council meeting, scheduled as set forth in Subsection A above, the Township Council shall proceed to hold a public hearing. No new evidence shall be received by the Council which has not previously been considered by the Land Use Board. In the event that the applicant desires to present new testimony, the matter shall be considered a new application for rezoning and the applicant shall be required again to appear before the Land Use Board, as elsewhere provided for in this chapter.
C. 
Determination. At the conclusion of the hearing, the Township Council shall determine, by resolution, whether it will authorize the preparation of a Zoning Ordinance amendment which addresses the request by the application for rezoning. Such an amendment may be consistent with the applicant's request, contrary to the applicant's request or a modification of the applicant's request to meet the standards for rezoning established above.