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 a 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 Council. The Township, however, is establishing a
procedure whereby the Township Council may obtain sufficient information
in order to make a proper and legally defendable determination on
the request.
Any person desiring to have the Township rezone
certain properties with the Township shall file an application for
zoning with the administrative officer of the Township. 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 5-14-2001 by Ord. No. 2001-3]
A complete application for rezoning shall consist
of the following:
A. Fifteen copies of a properly completed rezoning application.
B. Fees and escrows for applications for rezoning as set forth in Chapter
91, Fees, of this Code.
Upon the receipt of a complete application,
the administrative officer shall retain one copy and shall distribute
copies to the officials and bodies listed below for their review and
reports:
A. Planning Board engineer: one copy.
B. Planning Board solicitor: one copy.
C. Township planner: one copy.
D. Township Clerk: one copy.
E. Planning Board: three copies.
Each application for rezoning shall specifically
address and meet the burdens established by the following standards:
A. 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.
B. 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 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.
C. 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.
D. Advancement of regulatory 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.
E. 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 Township.
F. 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 Township.
The Township Council shall not consider rezoning
requests unless and until compliance with the procedural requirements
of this article are fulfilled.