The owner of any real property in the Township of Cranford may
submit an application to the Planning Board of the Township of Cranford
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, the 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 § 255-17A(4) 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 § 255-4H. 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 or 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 Township Committee.
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 Township
Committee 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
Township Clerk for action by the Township Committee. The Planning
Board Secretary shall also forward the 10 remaining copies of the
applicant's application. The report to the Township Committee shall
also include a brief statement as to whether or not the Planning Board
recommends that the Township Committee 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 Township Committee shall consider the application. The
decision of the Township Committee to act or not to act on any application
shall be deemed a legislative act in the sole discretion of the Township
Committee. The Township Committee 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 Township Committee 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.
