The governing body may by ordinance amend, change,
modify or repeal regulations, limitations, restrictions or boundaries
of districts herein contained on its own motion, upon resolution of
the Planning Board or on petition, in accordance with the regulations
set forth in this article.
A.Â
Petitions to amend this chapter shall be made on forms
prescribed by the governing body. Every such petition shall be accompanied
by a map showing the area for which the change is asked and all immediately
abutting property and uses thereof. Such petition shall state the
details of the proposed change in regulations or districts and the
reasons advanced by support thereof. The petition shall be signed
by a minimum of 20% of the property owners whose land is within a
radius of 200 feet of the property which is the subject of the petition.
B.Â
When such amendment is requested either by petition
or by resolution of the Planning Board, the governing body shall either
deny such request or introduce the necessary amending ordinance within
60 days after the filing of such resolution or petition with the Secretary
of the Planning Board.
A public hearing after notice, as required by
law, shall be held on all proposals to amend this chapter. All parties
in interest and all citizens shall be given an opportunity to be heard.
Prior to such hearing the proposed amendment
shall be referred to the Planning Board, which shall report thereon
within 30 days after receiving such request. The report shall be read
at the public hearing. If the Planning Board requests such amendment
by resolution, the Board may submit the report to the governing body
simultaneously with its resolution requesting such amendment. In its
report, the Planning Board shall give due consideration to the following:
A.Â
Whether the proposed amendment is consistent with
the aims of the Master Plan.
B.Â
If it is consistent with the Master Plan, whether
the area of change is ready for development, or whether such change
would be premature.
C.Â
If it is not consistent with the Master Plan, the
effect of the change upon the pattern of land use and population distribution
as set forth in the plan.
D.Â
If the proposed change will affect land adjacent to
the Township boundaries, the effect of such change upon the adjoining
municipality.
E.Â
If the proposed amendment will add additional land
to the B-2 District, whether the area involved has direct access to
a major traffic artery, for which such districts were specifically
created.
Should any proposed amendment consist of or
include any change in the boundaries of any district, which change
would occur within a distance of 500 feet of the boundary of any other
municipality, or any change in the regulations prescribed for any
district, any portion of which is located within 500 feet of such
boundaries, then the Secretary of the Planning Board shall transmit
to the Township Clerk of such other municipality a copy of the official
notice of the public hearing thereon not later than the day after
such notice appears in the official newspaper of the Township. Failure
of the Secretary of the Planning Board to give such notice to another
municipality shall invalidate the procedure only if the proposed amendment
is adopted.
Should any proposed amendment consist of or
include lands adjoining county roads or other county lands; or lands
lying within 200 feet of a municipal boundary; or lands lying within
200 feet of proposed facilities or public lands shown on the County
Master Plan or official County Map, then the Secretary of the Planning
Board shall give notice to the County Planning Board at least 10 days
prior to the public hearing thereon by personal delivery or by certified
mail of the official notice of the public hearing together with a
copy of the proposed amendment.
If the Planning Board unfavorably reports on
such change or if the owners of 20% or more either of the area of
the lots or land included in such proposed change, or of the lots
or land within 100 feet of the rear thereof, or of the lots or land
within 100 feet on either side or directly across the street therefrom
within 100 feet, exclusive of street space, protest in writing, such
amendment shall not become effective except by the favorable vote
of 2/3 of all members of the governing body.
