[Added 8-26-2003 by Ord. No. 03-09]
The owner of any real property in the Borough
of Garwood may submit an application to the Planning Board of the
Borough of Garwood for the rezoning of its real property. A “developer,”
as that term is used in the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., may submit an application for rezoning, provided that such
application is submitted with the written consent of the owner of
the affected property.
Each application for rezoning shall include
all required fees and escrows and 24 copies of the following:
A.
A fully completed application for rezoning.
C.
A concept plan depicting the nature, features and
proposed use of the property as rezoned.
D.
A specific proposal for rezoning, which may be either
that the tract in question be rezoned to a specific existing zoning
district or that a new zoning district be created. If a new zoning
district is to be created, applicant shall submit a specific, detailed
proposal for said zoning district which shall include permitted uses,
conditional uses, if any, and all required bulk conditions, including
lot size and area, setbacks, height requirements, open space requirements,
building coverage requirements, parking requirements and the like.
The procedure set forth in §106-17 with respect to an application for development shall be utilized for the purpose of certifying an application to be complete.
When an application shall be deemed complete,
the Zoning Officer shall distribute 14 of the 24 copies of the application
to the Board and appropriate professionals, and the remaining 10 copies
shall be distributed to the Planning Board Secretary.
The Planning Board shall hold a hearing on each
application for rezoning which complies with the procedures set forth
in §106-87A through F. The hearing shall be held within 90 days
of the certification of a complete application.
After hearing the application, the Planning
Board shall determine whether any action other than rezoning will
properly protect the interest of the community of the municipality.
The Planning Board shall review the application in light of the existing
Master Plan, the conditions existing within the community and the
expertise of the Planning Board in matters of land development to
determine whether the applicant’s proposal should be favorably
recommended to the Mayor and Council. The Planning Board shall make
specific detailed findings of fact and conclusions of law concerning
the applicant’s proposal as it relates to the review standards
set forth below. It shall be the applicant’s burden of proof
to present sufficient credible evidence to the Planning Board for
the Board to make appropriate findings, conclusions and recommendations.
The Planning Board shall conclude its review
and make its recommendation within 120 days of the certification of
a complete application. Unless the applicant shall consent in writing
to an extension of the time for decision, if the Planning Board shall
not act favorably on such application within said one-hundred-twenty-day
period, the applicant’s request that the Planning Board recommend
rezoning to the Mayor and Council shall be deemed denied.
Subsequent to action by the Planning Board,
the Board shall cause its written findings and conclusions to be forwarded
to the Borough Clerk for action by the Mayor and Council. The Planning
Board Secretary shall also forward the 10 remaining copies of applicant’s
application. The report to the Mayor and Council shall also include
a brief statement as to whether or not the Planning Board recommends
that the Mayor and Council adopt an ordinance rezoning the subject
property.
Each application for rezoning shall comply with
and address the following standards:
A.
Necessity. No application for rezoning shall be granted
if the relief sought could be granted through an application for development
other than one pursuant to N.J.S.A. 40:55D-70d.
B.
Master Plan. In submitting its recommendations, the
Planning Board shall submit a report in accordance with N.J.S.A. 40:55D-26.
The governing body shall comply with such section in acting on the
application. If the proposed rezoning is inconsistent with the Master
Plan, the Planning Board shall include in its recommendation whether
it is in the best interest of the municipality to amend the Master
Plan in accordance with the Municipal Land Use Law
C.
Modification. In making its recommendations, the Planning
Board may recommend that the application for rezoning be granted in
whole or in part or be modified. If the Planning Board recommends
the granting of the application with modifications or conditions,
the Planning Board shall set out such modifications or conditions
in detail, including findings, conclusions and recommendations.
D.
Effect of current zoning. The applicant shall demonstrate
by proper proof that absent rezoning there is a substantial likelihood
that the zoning regulations currently in existence will zone the property
into inutility or that the rezoning shall substantially and meaningfully
benefit the municipality and further the purposes of the Municipal
Land Use Law, including purposes set forth in N.J.S.A. 40:55D-2.
E.
Municipal services. In demonstrating that the proposed
rezoning will substantially benefit the municipality and will advance
the purposes of the Municipal Land Use Law, the applicant shall demonstrate
that the proposed rezoning will not unduly burden the planned and
orderly development of the municipality or place an undue burden upon
community services and facilities. Where deemed appropriate by the
Planning Board, the Board may require traffic studies, fiscal impact
studies or such other information as it requires to be produced either
by the applicant or for the Board at the applicant's expense.
After receipt of the report and recommendations
of the Planning Board, the Mayor and Council shall consider the application.
The decision of the Mayor and Council to act or not to act on any
application shall be deemed a legislative act in the sole discretion
of the Mayor and Council. The Mayor and Council may determine, in
its sole discretion, whether or not to act on any application and
whether or not to grant, deny or modify any application. If the Mayor
and Council shall act on any proposed amendment to this chapter, it
shall do so in compliance with N.J.S.A. 40:55D-62, et seq.
