The purpose of this article is to provide a procedure by which a property owner can file an application to amend the zoning district in which real property is located.
An application for zone change shall be made to the Planning Board for its review and consideration in accordance with the procedures set forth in § 55-9 and as otherwise supplemented herein. The applicant shall submit 20 copies of the application for zone change to the Clerk of the Planning Board and shall pay the application fee and escrow fee for professional services in accordance with the fee schedule set forth in Chapter A565, Fees. The rules governing the conduct for the hearing of any such application for zone change shall be made by the Planning Board and shall otherwise be in accordance with the terms of § 55-28 of the Verona Code.
The Clerk of the Planning Board shall notify the governing body of the receipt of a completed application for zone change within 10 days thereof.
A. 
The Planning Board shall conduct a hearing, accept testimony and evaluate the evidence submitted by the applicant regarding the merits of amending a zoning district in accordance with the application for amendment and shall vote on the merits of such amendment in accordance with regular Planning Board procedure. The Planning Board shall consider the testimony presented by the applicant and the applicant's witnesses and shall consider exhibits and evidence presented by the applicant. All interested parties shall have the right to testify and to present witnesses, exhibits and evidence whether any such testimony or exhibits or evidence is in favor or against the zone change. The majority vote of those members present and participating in such application shall govern.
B. 
The Planning Board shall, prior to voting on the merits of a zone change, consider whether the proposed amendment would be consistent with the scope and intent of the Master Plan of the Township of Verona and whether the sound zoning principles, as set forth in the Municipal Land Use Law, would be promoted by such an amendment to the zoning district.
C. 
If the Planning Board votes in favor of the application, it shall thereafter forward a recommendation to the governing body to amend the zoning district designation of the property that is the subject of the application.
D. 
The Planning Board may, in the event of a vote in favor of an application, consider the merits of moving to amend the Master Plan if such amendment is deemed to be warranted by the Planning Board.
E. 
After discussion and consideration, the Planning Board shall vote on whether or not the proposed zone change should be recommended to the governing body. A majority of the Planning Board members would be required to approve the zone change. Should the Planning Board vote in favor of the zone change, the Planning Board will submit, in writing, a recommendation to the governing board that the zone change be enacted.
The Clerk of the Planning Board shall notify the governing body within 10 days of the passage of the memorializing resolution of the Planning Board's decision to recommend a change to the zoning district designation in which the property is located, and the governing body shall thereafter introduce an ordinance for such zone change and shall thereafter proceed in accordance with all laws governing such procedures. In no event shall the governing body be obligated to pass any such ordinance. The Clerk of the Planning Board shall notify the governing body within 10 days of the passage of the memorializing resolution of the Planning Board's decision not to recommend a change to the zoning district designation in which the property is located.
Any interested party shall have the right to appeal the decision of the Planning Board to the Superior Court. There shall be no right of appeal of the Planning Board's decision to the governing body.