(a) Referral. The township manager shall refer the application for rezoning to the planning board for an informal review and comment by the board. The application shall be scheduled for an informal review by the planning board within 35 days of referral. The applicant, at all times, shall bear the burden of establishing proofs sufficient to show both the desirability and necessity for rezoning of the property involved. The planning board may require correction of any information found to be in error or submission of additional information not specified in this article or in any revisions in the accompanying documents as are necessary to make an informed decision as to whether the requirements necessary for recommendation to the township council for rezoning have been met.

(b) Report. Subsequent to action by the planning board, a written recommendation by the planning board shall be forwarded to the township manager, with a brief statement concerning whether the township council should or should not grant the application for rezoning. (Ord. No. 2008-13, § 11, 3-11-2008)

Each application for rezoning shall specifically address and meet the burdens established by the following standards:

(1) Necessity. No application for rezoning shall be granted where it is determined that an existing method for development exists whereby the applicant could obtain the relief sought without the necessity of a rezoning.

(2) 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.

(3) 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. The planning board shall have the option to recommend, and the township council may require, an applicant to enter into a developer's agreement addressing extraordinary off-site, off-tract impacts that would be implicated by a proposed rezoning with respect to specific development for which a concept plan is required pursuant to this article.

(4) 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.

(5) 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.

(6) General standards. No application for rezoning shall be granted unless it is determined that it promotes the general health, safety and welfare concerns of the township. (Ord. No. 2008-13, § II, 3-11-2008)

(a) Receipt of report. Subsequent to receipt of the planning board's report, the township manager will cause the application for rezoning to be placed on an agenda of the township council.

(b) Hearing procedure. At the township council meeting scheduled as set forth in subsection (a) above, the township council shall review the application for rezoning, any accompanying documents in support of or against the application, and the report of the planning board.

(c) Determination. At the conclusion of its review of the application, the township council shall make a decision as to whether it will grant or deny, in whole or in part, the application for rezoning. If the township council agrees that affirmative action should be taken on the application for rezoning, it shall authorize the preparation of a zoning ordinance amendment which addresses the request by the application for rezoning. Such an amendment may be consistent with, contrary to or a modification of the recommendations of the planning board and/or the applicant's request for a rezoning. (Ord. No. 2008-13, § II, 3-11-2008)

**Webmasters Note: The previous sections, 62-2872(b) through 28-2905, have been amended as per Supplement No. 14.

AN ORDINANCE REZONING 968-980 GEORGES ROAD, BLOCK 29.01, LOT 39.01, OWNED BY FRANCIS AND MARIA CASSALLE, FROM RR TO C-3

BE IT ORDAINED, by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey that the zoning map of the Township of South Brunswick shall be and is hereby amended by the rezoning of Block 29.01, Lot 39.01 from RR to C-3.

A.copy of the zoning map is available for public inspection in the office of the Township Clerk during normal business hours.

This ordinance shall become effective twenty (20) days after its final passage.

**Webmasters Note: The previous ordinance amends the zoning map which can be viewed at the zoning map link of the town page.