[HISTORY: Adopted by the Township Committee of the Township of Mansfield 2-4-1985 by Ord. No. 1985-1. Amendments noted where applicable.]
Municipal Land Use Law terms. Unless the context clearly otherwise provides, terms used in this chapter which are defined within N.J.S.A. 40:55D-1 et seq. shall be given the meanings and be defined in accordance with that statute, and the meanings and definitions provided by that statute are incorporated within this chapter by reference.
As used in this chapter, the following terms shall have the meanings indicated:
- Refers to the amendment or other alteration to any development regulation in existence within the Township of Mansfield through the legislative act of the Township of Mansfield's Township Committee by ordinance, resolution or motion, as those terms are defined by N.J.S.A. 40:49-1, which is proposed by the Township Committee, other agencies or boards of the Township of Mansfield, residents of the Township or other persons or entities having an interest in the development of land within the Township of Mansfield and which is proposed or initiated for consideration during the time periods between the date reports are issued by the Township's Planning Board in its periodic reexamination of the community's Master Plan required by N.J.S.A. 40:55D-89. This term shall not include any amendment or other alteration to any development regulation which is recommended in the periodic report required by N.J.S.A. 40:55D-89d, the Township Committee finding that those amendments or alterations would be developed from a comprehensive review of the community's Master Plan and, therefore, should be free from the procedures set forth in this chapter.
- REZONING APPLICATION
- Refers to an application for rezoning.
The application shall include a document, approved as to form by resolution of the Township's Planning Board, which states:
The name, address and telephone number of the applicant.
The nature of the amendment or other alteration sought to the development regulations.
A brief narrative statement concerning the impact and effect which the proposed amendment or alteration would have on the goals, objectives, policies and assumptions set forth in the most recently adopted Master Plan of the community.
A brief narrative statement concerning whether and how the proposed amendment or alteration will further any of the purposes sought to be advanced under the Municipal Land Use Law, N.J.S.A. 40:55D-2, through the adoption of development regulations.
A brief narrative statement concerning whether and how the proposed amendment or alteration meets the general health, safety and welfare concerns of the community or the region of which it is a part and a brief narrative statement concerning why the purposes sought to be advanced by the amendment or alteration could not be addressed in a statutorily recognized application for development and why the purposes sought to be advanced by the amendment or alteration cannot await consideration during the next periodic reexamination of the Master Plan under N.J.S.A. 40:55D-89.
The applicant shall affix to the document a statement providing the specific language which he seeks adopted as an amendment or alteration to the development regulations, which shall be presented in an ordinance format and specifically address each section of the existing development regulations sought to be amended.
If the proposed amendment or alteration affects specific property within the Township, the document:
Shall, in addition to the above, contain the address, block and lot description, size, dimensions and current zoning district designation of the property in issue.
Shall further contain a narrative statement concerning whether the applicant is the owner of the site and, if not, whether the owner consents to the application and, if not, the nature of the applicant's interest in the application which warrants its consideration by the Township.
Shall also contain a narrative description of all uses and/or physical features currently in existence on the property in question and on all properties within 200 feet of any point of the property in question and the impact which the proposed amendment or alteration will have on those existing uses or physical features.
Further, shall contain a narrative description of the impact which the proposed amendment or alteration will have on any regional or indigenous need for low- to moderate-income housing, how this need was determined and what the extent of this need is.
If the proposed amendment or alteration affects the specific property within the Township, the application shall be accompanied by a plan, drawn, in accordance with the preliminary subdivision and/or site plan standards contained within existing land development regulations, to indicate potential development proposals on the lands in question in accordance with the proposed amendment or revisions, provided that every applicant, by letter request made prior to the filing of an application, may seek from the Township's Planning Board a waiver of any requirement contained within those standards. The Township Planning Board, if it determines that any information required by a preliminary subdivision and/or site plan is unnecessary for its evaluation of the application, shall grant the waiver sought. It is noted that the above plan shall not be deemed to bind either the applicant or the Township on any subsequent development application, but is required merely to demonstrate the feasibility of the proposed development in accordance with the requested amendment or alteration and the impact which such development will have on adjacent properties, the zoning district in issue and the goals, objectives, policies and assumptions set forth in the Township's Master Plan.
While not specifically required under the Municipal Land Use Law, the Township has determined that a procedure should be established whereby an applicant may apply through proper Township channels for rezoning of property. By the standards hereinafter established, an applicant is required to submit documentary evidence and proofs which will indicate the necessity for an appropriateness of rezoning. Rezoning is a legislative act left to the sole discretion of the Township Committee; the Township, however, is establishing a procedure whereby the Township Committee may obtain sufficient information in order to make a proper and legally defendable determination on the request. An applicant desiring to have the Township Committee rezone certain properties within the community shall file an application for rezoning with the Administrative Officer of the Township of Mansfield. The Administrative Officer shall certify the application as complete or incomplete within 45 days of receipt or it shall be deemed complete on the 46th day after submission.
[Amended 9-15-1987 by Ord. No. 1987-10]
A complete application for rezoning shall consist of the following:
Upon the receipt of a complete application, the administrative officer shall retain one copy and shall distribute copies of the rezoning application received to the officials and bodies listed below for their review and reports:
Requirements. The Planning Board of the Township of Mansfield shall hold public hearings meeting the standards of N.J.S.A. 40:55D-10 on all applications for rezoning. The Planning Board of the Township of Mansfield shall review the application in light of the existing Master Plan, conditions existing within the community and its general expertise in matters of community development to determine whether the applicant's proposal should be favorably acted upon by the Township Committee. The Planning Board for the Township of Mansfield shall make specific detailed findings concerning the applicant's proposal as it relates to the standards set forth in § 41-6 below. The applicant shall at all times bear the burden of establishing proofs sufficient to show both the desirability and necessity for rezoning of the property involved.
Scheduling and time of decision. The Planning Board for the Township of Mansfield shall schedule public hearings required under this section in accordance with N.J.S.A. 40:55D-12, provided that unless the application will affect a specific parcel of land within the Township, the notices required to be served on adjacent property owners shall not be required. Each reviewing board shall conclude its review of the proposal within 95 days of submission of the application to the Board in question for its action by the administrative officer.
Reports. Subsequent to action by the Planning Board, the written findings prepared by the Planning Board shall be forwarded to the Township Clerk of the Township of Mansfield, together with a brief written statement concerning whether the Township Committee should or should not grant the application for rezoning.
Each application for rezoning shall be specifically address and meet the burdens established by the following standards.
Necessity. No application for rezoning shall be granted where it is determined that a proper vehicle under an application for development exists whereby the applicant could obtain the relief sought short of rezoning.
Master Plan. No application for rezoning shall be granted which substantially disrupts the findings and conclusions addressed within the Master Plan, unless the Planning Board of the Township of Mansfield determines that it is in the best interest of the community to amend the Master Plan based on changed circumstances which challenge the principles upon which the Master Plan was based.
Community benefit. The applicant shall demonstrate that the proposed rezoning will substantially benefit the community and the goals to be achieved by proper planning and will not unduly burden the planned and orderly growth of the community or place an undue exaction upon the community facilities required to service the area.
Purposes. No application for rezoning shall be granted 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.
Regional need. No application for rezoning shall be granted 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 community.
General standards. No application for rezoning shall be granted unless it is determined that it meets the general health, safety and welfare concerns of the community.
Receipt of the reports. Subsequent to receipt of the reports referred to above, the Township Clerk will cause the question of the applicant's rezoning request to be placed upon the agenda of a Committee meeting, whereupon a hearing will be held, a review concluded and a decision rendered within 95 days from the date that the Township Clerk receives the reports in question.
Hearing procedure. At the Committee meeting scheduled as set forth in Subsection A above, the Township Committee shall proceed to hold a hearing held and scheduled in accordance with N.J.S.A. 40:55D-17, provided that no transcript of the proceedings before the Township Planning Board shall be filed unless an applicant seeks their consideration by the Township Committee and arranges for their production. In the absence of a transcript, the hearing shall be conducted on the report submitted by the Planning Board. No new evidence shall be received by the Township which has not previously been considered by the Planning Board. In the event that the applicant desires to present new testimony, the matter shall be considered a new application for rezoning and the applicant shall be required again to appear before the Planning Board as elsewhere provided for in the chapter.
Determination. At the conclusion of the hearing as set forth in Subsection B above, the Township Committee shall, within the aforesaid ninety-five-day period, determine by resolution whether they will authorize the preparation of a Zoning Ordinance amendment which addresses the request by the applicant for rezoning. Such an amendment may be consistent with the applicant's request, contrary to the applicant's request or a modification of the applicant's request to meet the standards for rezoning established above.
The Township Committee shall not consider rezoning requests unless and until compliance with the procedural requirements of this chapter are fulfilled.
This chapter shall take effect immediately upon proper adoption, publication and approval required by law.