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:
A. Seven copies of a properly completed rezoning application.
B. Fees and escrows for applications for rezoning as set forth in §
27-24 hereof.
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.
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.