[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 2-4-1985 by Ord. No. 1985-1. Amendments
noted where applicable.]
A.
Municipal Land Use Law terms. Unless the context clearly
otherwise provides, 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 that statute, and the meanings and definitions
provided by that statute are incorporated within this chapter by reference.
B.
REZONING
REZONING APPLICATION
As used in this chapter, the following terms shall
have the meanings indicated:
Refers to the amendment or other alteration to any development
regulation in existence within the Township of Mansfield through the
legislative act of the Township of Mansfield's Township Committee
by ordinance, resolution or motion, as those terms are defined by
N.J.S.A. 40:49-1, which is proposed by the Township Committee, other
agencies or boards of the Township of Mansfield, residents of the
Township or other persons or entities having an interest in the development
of land within the Township of Mansfield and which is proposed or
initiated for consideration during the time periods between the date
reports are issued by the Township's Consolidated Land Use Board in
its periodic reexamination of the community's Master Plan required
by N.J.S.A. 40:55D-89. This term shall not include any amendment or
other alteration to any development regulation which is recommended
in the periodic report required by N.J.S.A. 40:55D-89d, the Township
Committee finding that those amendments or alterations would be developed
from a comprehensive review of the community's Master Plan and, therefore,
should be free from the procedures set forth in this chapter.
[Amended 3-5-2020 by Ord. No. 2020-5]
Refers to an application for rezoning.
(1)
The application shall include a document, approved
as to form by resolution of the Township's Consolidated Land Use Board,
which states:
[Amended 3-5-2020 by Ord. No. 2020-5]
(a)
The name, address and telephone number of the
applicant.
(b)
The nature of the amendment or other alteration
sought to the development regulations.
(c)
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 community.
(d)
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.
(e)
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 could 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.
(2)
The applicant shall affix to the document a statement
providing the specific language which 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.
(3)
If the proposed amendment or alteration affects specific
property within the Township, the document:
(a)
Shall, in addition to the above, contain the
address, block and lot description, size, dimensions and current zoning
district designation of the property in issue.
(b)
Shall further contain a narrative statement
concerning whether the applicant is the owner of the site and, if
not, whether the owner consents to the application and, if not, the
nature of the applicant's interest in the application which warrants
its consideration by the Township.
(c)
Shall also contain 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.
(d)
Further, shall contain 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.
(4)
If the proposed amendment or alteration affects the
specific property within the Township, the application shall be accompanied
by a plan, drawn, in accordance with the preliminary subdivision and/or
site plan standards contained within existing land development regulations,
to indicate potential development proposals on the lands in question
in accordance with the proposed amendment or revisions, provided that
every applicant, by letter request made prior to the filing of an
application, may seek from the Township's Consolidated Land Use Board
a waiver of any requirement contained within those standards. The
Township Consolidated Land Use Board, if it determines that any information
required by a preliminary subdivision and/or site plan is unnecessary
for its evaluation of the application, shall grant the waiver sought.
It is noted that the above 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.
[Amended 3-5-2020 by Ord. No. 2020-5]
While not specifically required under the Municipal
Land Use Law, the Township has determined that a procedure should
be established whereby an applicant may apply through proper Township
channels for rezoning of property. By the standards hereinafter established,
an applicant is required to submit documentary evidence and proofs
which will indicate the necessity for an appropriateness of rezoning.
Rezoning is a legislative act left to the sole discretion of the Township
Committee; the Township, however, is establishing a procedure whereby
the Township Committee may obtain sufficient information in order
to make a proper and legally defendable determination on the request.
An applicant desiring to have the Township Committee rezone certain
properties within the community shall file an application for rezoning
with the Administrative Officer of the Township of Mansfield. The
Administrative Officer 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.
[Amended 9-15-1987 by Ord. No. 1987-10]
A complete application for rezoning shall consist
of the following:
Upon the receipt of a complete application,
the administrative officer shall retain one copy and shall distribute
copies of the rezoning application received to the officials and bodies
listed below for their review and reports:
A.
Consolidated Land Use Board of Mansfield Township
Engineer: one copy.
[Amended 3-5-2020 by Ord. No. 2020-5]
B.
Consolidated Land Use Board of Mansfield Township
Solicitor: one copy.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
Township Planner: one copy.
D.
Township Clerk: one copy.
E.
Township Consolidated Land Use Board: three copies.
[Amended 3-5-2020 by Ord. No. 2020-5]
[Amended 3-5-2020 by Ord. No. 2020-5]
A.
Requirements. The Consolidated Land Use Board of the Township of Mansfield shall hold public hearings meeting the standards of N.J.S.A. 40:55D-10 on all applications for rezoning. The Consolidated Land Use Board of the Township of Mansfield shall review the application in light of the existing Master Plan, conditions existing within the community and its general expertise in matters of community development to determine whether the applicant's proposal should be favorably acted upon by the Township Committee. The Consolidated Land Use Board for the Township of Mansfield shall make specific detailed findings concerning the applicant's proposal as it relates to the standards set forth in § 41-6 below. The applicant shall at all times bear the burden of establishing proofs sufficient to show both the desirability and necessity for rezoning of the property involved.
B.
Scheduling and time of decision. The Consolidated
Land Use Board for the Township of Mansfield shall schedule public
hearings required under this section in accordance with N.J.S.A. 40:55D-12,
provided that unless the application will affect a specific parcel
of land within the Township, the notices required to be served on
adjacent property owners shall not be required. Each reviewing board
shall conclude its review of the proposal within 95 days of submission
of the application to the Board in question for its action by the
administrative officer.
C.
Reports. Subsequent to action by the Consolidated
Land Use Board of Mansfield Township, the written findings prepared
by the Consolidated Land Use Board of Mansfield Township shall be
forwarded to the Township Clerk of the Township of Mansfield, together
with a brief written statement concerning whether the Township Committee
should or should not grant the application for rezoning.
Each application for rezoning shall be 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 Consolidated Land Use
Board of the Township of Mansfield determines that it is in the best
interest of the community to amend the Master Plan based on changed
circumstances which challenge the principles upon which the Master
Plan was based.
C.
Community benefit. The applicant shall demonstrate
that the proposed rezoning will substantially benefit the community
and the goals to be achieved by proper planning and will not unduly
burden the planned and orderly growth of the community or place an
undue exaction upon the community facilities required to service the
area.
D.
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 community.
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 community.
A.
Receipt of the 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 Committee meeting, whereupon a hearing will be held, a review concluded
and a decision rendered within 95 days from the date that the Township
Clerk receives the reports in question.
B.
Hearing procedure. At the Committee meeting scheduled as set forth in Subsection A above, the Township Committee shall proceed to hold a hearing held and scheduled in accordance with N.J.S.A. 40:55D-17, provided that no transcript of the proceedings before the Township Consolidated Land Use Board shall be filed unless an applicant seeks their consideration by the Township Committee and arranges for their production. In the absence of a transcript, the hearing shall be conducted on the report submitted by the Consolidated Land Use Board of Mansfield Township. No new evidence shall be received by the Township which has not previously been considered by the Consolidated Land Use Board of Mansfield Township. 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 Consolidated Land Use Board of Mansfield Township as elsewhere provided for in the chapter.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
Determination. At the conclusion of the hearing as set forth in Subsection B above, the Township Committee shall, within the aforesaid ninety-five-day period, determine by resolution whether they will authorize the preparation of a Zoning Ordinance amendment which addresses the request by the applicant 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.
The Township Committee shall not consider rezoning
requests unless and until compliance with the procedural requirements
of this chapter are fulfilled.
This chapter shall take effect immediately upon
proper adoption, publication and approval required by law.
