A.
This chapter, or any part thereof, may be amended, modified, revised
or supplemented by the governing body in accordance with N.J.S.A.
40:55D-62. Such amendment, modification, revision or supplement shall
either be substantially consistent with the Land Use Plan Element
and the Housing Plan Element of the then current municipal Master
Plan or designed to effectuate such plan elements; provided that the
governing body may adopt an amendment, modification, revision or supplement
which, in whole or in part, is inconsistent with or not designed to
effectuate the Land Use Plan Element and the Housing Plan Element
by affirmative vote of a majority of the full authorized membership
of the governing body, with the reasons of the governing body for
so acting set forth in a resolution and recorded in its minutes.
B.
Prior to the hearing on adoption of any such amendment, modification,
revision or supplement, the governing body shall refer any such proposal
to the Planning Board for review and recommendation.
(1)
Within 35 days after such referral, the Planning Board shall make
and transmit to the governing body a report including identification
of any provisions in the proposal which are inconsistent with the
then current Master Plan, recommendations concerning these inconsistencies
and any other matters as the Planning Board deems appropriate.
(2)
Consistent with the requirements of N.J.S.A. 40:55D-26A, the governing
body, when considering the adoption of such amendment, modification,
revision or supplement, 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 recommendation.
(3)
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.
Pursuant to N.J.S.A. 40:55D-62.1, notice of the hearing on such
amendment, modification, revision or supplement, exclusive of classification
or boundary changes recommended in a periodic general reexamination
of the Master Plan by the Planning Board pursuant to N.J.S.A. 40:55D-89,
shall be given prior to adoption in accordance as follows:
A.
Notice shall be given at least 10 days prior to the hearing by the
City clerk to the owners of all real property as shown on the current
tax duplicates, located, in the case of a classification change, within
the district and within the State within 200 feet in all directions
of the boundaries of the district, and located, in the case of a boundary
change, in the state within 200 feet in all directions of the proposed
new boundaries of the district which is the subject of the hearing.
B.
Notice pursuant to this section shall state the date, time and place
of the hearing, the nature of the matter to be considered and an identification
of the affected zoning districts and proposed boundary changes, if
any, by street names, common names or other identifiable landmarks,
and by reference to lot and block numbers as shown on the current
tax duplicate in the municipal tax assessor's office.
C.
Notice shall be given by serving a copy thereof on the property owner
as shown on the said current tax duplicate, or his agent in charge
of the property, or mailing a copy thereof by certified mail and regular
mail to the property owner at his address as shown on the said current
tax duplicate.
D.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the boundaries of the district
which is the subject of the hearing, may be made in the same manner
as to a corporation, in addition to notice to unit owners, co-owners,
or homeowners on account of such common elements or areas.
E.
The City Clerk shall execute affidavits of proof of service of the
notices required by this section and shall keep the affidavits on
file along with the proof of publication of the notice. Costs of the
notice provision shall be the responsibility of the proponent of the
amendment.
A.
Objections to any proposed amendment, modification, revision or supplement
may be filed with the City Clerk, signed by the owners of 20% or more
of the area either of the lots or land included in such proposed change
or of the lots or land extending 200 feet in all directions therefrom
inclusive of street space, whether within or without the City.
B.
Such amendment or revision shall not become effective following the
filing of such objections except by the favorable vote of 2/3 of all
the members of the governing body.
C.
Pursuant to N.J.S.A. 40:55D-62b, no such amendment, modification,
revision or supplement shall be submitted to or adopted by initiative
or referendum.
