Borough of Lodi, NJ Amendments

Presentation of petition. Whenever the owners of 50% or more of the street frontage of the land to which the subject matter of the application applies shall present to the Mayor and Council a petition, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed in this chapter or of the Official Zoning Map of the Borough, including any district or part thereof, it shall be the duty of the Mayor and Council of the Borough of Lodi to hold a public hearing thereon and cause notice thereof to be given in the prescribed manner.

Filing fee. When any application for change in this chapter of the Borough of Lodi, including but not limited to the Official Zoning Map, shall be filed with the Borough Clerk, it shall be accompanied by a fee of $50, payable by certified check or equivalent.

Survey and area map. All applications and/or petitions for rezoning, zoning changes, use or otherwise, shall be accompanied by at least five copies of a survey and area map, prepared and certified by a licensed land surveyor, showing the area to be rezoned as it exists on the date of filing such application and to indicate and include the following:

(1)

Dimensions of all parcels of property located within a radius of 200 feet of the boundary lines of the property affected by said application or petition, complete with:

(a)

Block and lost numbers.

(b)

Name of property owners thereof.

(c)

Indication of whether such properties presently contain residential, commercial or other type structures erected thereon.

(d)

The zoning district of all lands shown on such map as of the date of filing of the application.

Public notice; hearing on application. Upon receiving an application or petition for a change of zoning, duly completed, the Borough Clerk shall present said application or petition to the Borough Council at the next regular Borough Council meeting for such action as the Borough Council may direct. If the Borough Council directs that a public hearing be held on such proposed amendment to this chapter, then said Borough Council shall set a date and time on which such hearing shall be held, whereupon the Borough Clerk shall cause a notice of such public hearing to be held by publishing the same in the official newspaper of the Borough in the manner prescribed by law. Notice by personal service or certified mail shall also be made to the Clerk of an adjoining municipality of all hearings on the adoption of such amendment, if involving property situated within 200 feet of such adjoining municipality, at least 10 days prior to the date of any such hearing. Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on such amendment at least 10 days prior to the date of the hearing. Any notice provided hereunder shall include a copy of the proposed amendment. Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

Service of notice upon surrounding property owners. A notice on the form provided by the Borough Council shall be served by the applicant upon every owner of property within a radius of 200 feet of the boundary lines of the property affected by said petition or application by registered or certified mail.

Time for mailing notices to surrounding property owners. All notices provided for in Subsection E above shall be mailed not less than 10 days nor more than 20 days before the date set forth for public hearing upon such application or petition.

Affidavit of personal service in lieu of notice. In lieu of the notice to owners entitled thereto as aforesaid, an applicant may submit an affidavit of personal service upon any owner entitled to notice, not less than 10 nor more than 20 days prior to the date set for hearing.

Filing proof of service. Proofs of service shall be filed in the office of the Borough Clerk not later than five days before the date of the public hearing as follows:

(1)

An affidavit of mailing in the form furnished by the Borough Council.

(2)

The post office return receipts of the required registered mailings attached to affidavit form.

Planning Board approval. The amendment shall be presented to the Planning Board at its regular meeting for approval, disapproval or suggestions at least one week before the hearing. Prior to the adoption of such amendment, the Planning Board shall make and transmit to the governing body, within 35 days after referral, a report including recommendations concerning the proposed amendment. The governing body, when considering the adoption of such amendment, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the governing body from the requirements of this subsection in regard to the proposed amendment referred to the Planning Board.