[Added 6-8-2022 by Ord. No. 2022-09]
Any person desiring to have the Township rezone property within the Township shall file an application, checklist, maps, plans, and narrative for rezoning with the Township Clerk. The application and corresponding documents shall contain such information as may be required. Each application shall include:
A. 
A fully completed application form.
B. 
A map of the entire tract depicting at a minimum all information regarding § 113-81. Unless waivers are specifically requested and approved.
C. 
A concept plan depicting the nature, features and proposed uses of the property as rezoned.
D. 
A specific narrative of the basis for the rezoning, including the positive and negative impact on the Township Zoning and Master Plan.
E. 
A specific proposal for the individual tract to be rezoned, or for an existing zone to be modified, or, if a new zone construct is proposed, details of permitted uses and bulk standards.
A. 
Any rezoning request made by a property owner of any property within the Township (other than for a rezoning initiated by the Township or any of its constituent boards, bodies or agencies or by any instrumentality of the county or of the State of New Jersey) shall be made in writing to the Township Clerk and be accompanied by the following fees:
(1) 
Application fee: $250; and
(2) 
Escrow fee for the Township and Planning Board to retain consultants to review such request for rezoning, including but not limited to a professional planner, Township Engineer, a traffic consultant and the Township and Planning Board Attorneys and notice of public hearing: $5,000.
B. 
The fees set forth above shall be drawn as separate checks made payable to "Township of Chester." The applicant shall be required to replenish the aforesaid consultant's escrow account if the escrow posted is insufficient to cover the fees and costs of the consultant's reviewing the rezoning request. Any unexpended escrow shall be refunded to the applicant.
C. 
If the Township Council authorizes the Township Attorney to draft a rezoning ordinance, the applicant shall post an additional $1,000 to cover the costs of drafting such ordinance. The applicant shall be required to replenish said attorney escrow if the escrow posted is insufficient to cover the Township Attorney's fees and costs. The applicant shall also pay for the costs incurred in amending the Master Plan and zoning map. Any unexpended escrow shall be refunded to the applicant.
D. 
The applicant shall reimburse the Township for any of its actual out-of-pocket costs.
When an application is deemed complete, the Clerk shall distribute six copies of the required 25 copies of the application and all required documents to the Council and Township Attorney. The remaining copies shall be distributed to the Planning Board if the Township Council by majority vote refers the application to the Planning Board for review and recommendation.
A. 
The Township Council shall review the application within 45 days of the application being determined by the Clerk to be complete. It shall determine by majority vote whether or not the application should be referred to the Planning Board. If the Township Council decides not to refer the application to the Planning Board, the application shall be deemed denied.
B. 
Referral. The Township Clerk shall refer the application for rezoning to the Planning Board of an informal review and comment by the Board. The application shall be scheduled for an informal review by the Planning Board within 45 days of referral. The applicant, at all times, shall bear the burden of establishing proofs sufficient to show both the desirability and necessity for rezoning of the property involved. The Planning Board may require correction of any information found to be in error or submission of additional information not specified in this article or in any revisions in the accompanying documents as are necessary to make an informed decision as to whether the requirements necessary for recommendation to the Township Council for rezoning have been met.
C. 
Report. Subsequent to action by the Planning Board, a written recommendation by the Planning Board shall be forwarded to the Township Clerk, as provided herein.
After hearing the application, the Planning Board shall determine whether any action other than rezoning will properly protect the interests of the Township. 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 Council. 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 makes its recommendation within 120 days of the date of the referral of the application by the Township Council to the Planning Board. 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 120-day the applicant's request that the Planning Board recommend rezoning to the Township Council 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 Council. The report to the Township Council shall also include a brief statement as to whether or not the Planning Board recommends that the Township Council adopt an ordinance rezoning the subject property.
Each application for rezoning shall specifically address and meet the burdens established by the following standards:
A. 
Master plan. No application for rezoning shall be recommended for approval which substantially disrupts the findings and conclusions addressed within the Master Plan, unless the Planning Board determines that it is in the best interest of the Township to amend the Master Plan based on changed circumstances which challenge the principles upon which the Master Plan was based.
B. 
Benefit to Township. The applicant shall demonstrate that the proposed rezoning will substantially benefit the Township and the goals to be achieved by proper planning, and will not unduly burden the planned and orderly growth of the Township or place an undue exaction upon the Township facilities required to service the area.
C. 
Advancement of regulatory purposes. No application for rezoning shall be recommended for approval 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.
D. 
Regional need. No application for rezoning shall be recommended for approval 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 Township.
E. 
General standards. No application for rezoning shall be recommended for approval unless it is determined that it promotes the general health, safety and welfare concerns of the Township.
A. 
Receipt of report. Subsequent to receipt of the Planning Board's report, the Township Clerk will cause the application for rezoning to be placed on an agenda of the Township Council.
B. 
Hearing procedure. At the Township Council meeting scheduled as set forth in Subsection A above, the Township Council shall review the application for rezoning, any accompanying documents in support of or against the application, and the report of the Planning Board.
C. 
Determination. At the conclusion of its review of the application, the Township Council shall make a decision as to whether it will grant or deny, in whole or in part, the application for rezoning. If the Township Council agrees that affirmative action should be taken on the application for rezoning, it shall authorize the preparation of a zoning ordinance amendment which addresses the request by the application for rezoning, if necessary, the Planning Board shall prepare a Master Plan amendment in conjunction with the rezoning ordinance. Such amendments may be consistent with, contrary to or a modification of the recommendations of the Planning Board and/or the applicant's request for a rezoning.