[Added by Ord. No. 2-99]
Any person requesting a zone change shall file with the Town Clerk such a request. The filing shall include four copies of the complete application form, five copies of any exhibits and related material and the fee in accordance with this chapter.
The Town Clerk shall thereupon notify the Mayor and Board of Aldermen and Planning Board, in writing, of the proposed zone change.
The Town Clerk shall distribute a copy of the request and accompanying materials to the following:
Mayor and Board of Aldermen.
Town Board of Health.
At the direction of the Mayor and Board of Aldermen additional copies of the application, with or without accompanying materials, may be forwarded to other town, county or state officials.
Application. All applications for a change of zone shall be on a form prescribed by the Town Clerk containing the following information:
Property description, including address, tax block, lots and sheet number, acreage, dimensions and access.
Property use, including present zone and use, proposed zone and use and zone and use of adjacent property within 200 feet of the subject property.
A statement of the change requested and the reasons therefor, including how the proposed zone would benefit the community as a whole.
The application should be signed by the property owners or his authorized agent, if any, and shall include the address and telephone number of each.
Exhibits. In addition, the application shall be accompanied by an exhibit prepared by a licensed land surveyor or professional engineer which shall meet the following map standards.
Block and lot numbers of each property.
Dimensions of subject property.
Zoning district boundaries affecting the subject property and all property within 200 feet of all sides of the subject property.
The location of existing property lines, streets, buildings, driveways, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wetlands and treed areas both within the subject property and 100 feet of its boundary.
A key map showing the subject property in its relation to the surrounding area.
A preliminary hearing or conference shall be held by the Town Clerk to determine completeness, the adequacy of the application and then determine what, if any, additional exhibits and application documents are required. This determination shall be made within 45 days of the date that the application is filed and fees are paid by the applicant.
The Town Clerk, upon making a determination of completeness and all fees paid, shall notify the applicant of a date for a hearing by the Mayor and Board of Aldermen.
The Mayor and Board of Aldermen shall conduct a hearing on the application. The Mayor and Board of Aldermen may determine that the hearing shall be a joint hearing with the Planning Board.
The applicant shall be given an opportunity to submit such evidence, expert evidence and to advance legal argument as it deems appropriate. The public shall also be granted the opportunity to give evidence and comment.
The Mayor and Board of Aldermen shall conclude the hearing(s) within 30 days of the public hearing and render its decision. If the decision is not to rezone as requested, a resolution shall be adopted setting forth the reasons. If the decision is favorable, the Mayor and Board of Aldermen shall proceed to introduce an appropriate land use ordinance.
The fee to be submitted shall be computed on the basis of $500 per acre involved with a minimum fee of $250. (The fee herein shall be inclusive of all costs incurred by the Town for professional advice and giving of notice to adjoining property owners.)
Professional review fee. The fees for the Town Engineer, Planner, Attorney and others shall be paid in full from the review fund. The fees will be paid from an escrow fund maintained by the Town Clerk created from deposits paid into the fund by the applicant. The Town Clerk shall be in charge of the fund.
The Town Engineer, Planner, Attorney and others shall submit invoices to the Town of Boonton for their work in reviewing the zone change application and in participating in the town's review. The charge will be based upon the prevailing hourly rates as set forth in the contracts in effect for said professional with the town.
Any funds remaining on deposit in the review fund at the conclusion of the consideration of the application by the Mayor and Board shall be refunded to the developer.