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.
The Township Clerk shall certify to the applicant within 15
days of receipt of the application as to whether the application is
complete or not.
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.
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.