There is hereby established pursuant to N.J.S.A. 40:55D-1 et seq. (P.L. 1975, c. 291) in the Town of Belvidere, Warren County, New Jersey, a Planning Board of nine members consisting of the following four classes:
A. 
Class I: the Mayor.
B. 
Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
C. 
Class III: a member of the governing body, to be appointed by it.
D. 
Class IV: six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment[1] and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
[1]
Editor's Note: So in original.
[Added 6-15-1987 by Ord. No. 87-8; amended 11-3-2008 by Ord. No. 2008-10]
A. 
There is hereby established pursuant to N.J.S.A. 40:55D-23.1 four alternate members of the Planning Board. Alternate members shall be appointed by the Mayor and shall meet qualifications of Class IV members. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
B. 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
A. 
The term of the Mayor shall correspond with his official tenure. The term of the member composing Class II shall be for one year or terminate at the completion of his term of office, whichever occurs first. The term of the Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
B. 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from January 1 of the year in which the appointment is made. Any member of the Board, other than the Class I member, may, after a public hearing, if he requests one, be removed by the governing body of the Town of Belvidere for cause. Absence from three consecutive meetings shall be deemed prima facie evidence of cause.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
The Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may be either a member of the Board or a municipal employee designated by it.
There is hereby created the office of Planning Board Attorney. The Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
The Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. It shall also have the following powers and duties:
A. 
To make and adopt and from time to time amend a master plan for the physical development of the municipality, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
B. 
To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the municipality[1] in accordance with the provisions of said ordinances and N.J.S.A. 40:55D-37 et seq.
[1]
Editor's Note: See Ch. 318, Land Development, Arts. I and II.
C. 
To approve conditional use applications in accordance with the provisions of the Zoning Ordinance[2] pursuant to N.J.S.A. 40:55D-67.
[2]
Editor's Note: See Ch. 505, Zoning, Art. XXI.
D. 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
E. 
To assemble data on a continuing basis as part of a continuous planning process.
F. 
To prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body in accordance with the provisions of N.J.S.A. 40:55D-29 et seq.
G. 
To consider and make report to the governing body within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.
H. 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances and related relief in accordance with the provisions of N.J.S.A. 40:55D-60 et seq.
I. 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
J. 
To report and make recommendations concerning an Official Map in accordance with the provisions of N.J.S.A. 40:55D-32 et seq.
A. 
Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Board before it will be accepted for filing by the county recording officer.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
Preliminary approval of major subdivisions. Upon submission of a complete application for a subdivision of 10 or fewer lots, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon submission of a complete application for a subdivision of more than 10 lots, the Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the Board shall be deemed to have granted preliminary approval for the subdivision.
C. 
Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to Subsection B or of a site plan pursuant to Article XIV of the Revised Zoning Ordinance[2] shall, except as provided in Subsection D of this section, confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49.
[2]
Editor's Note: Currently, see Ch. 318, Land Development, Art. II, Site Plan Review, § 318-21.
D. 
Ancillary powers. Whenever the Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 49-8H, the Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute approval of the application.
E. 
Final approval.
(1) 
Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant.
(2) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
F. 
Effect of final approval of a site plan or major subdivision. Final approval of a major subdivision or of a site plan shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-52.
G. 
Incomplete application. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
[Amended 10-5-1992 by Ord. No. 92-15]
Applications for development within the jurisdiction of the Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Board. The applicant shall file, at least 14 days before the date of the monthly meeting of the Board, 14 copies of a sketch plat, 14 copies of an application for minor subdivision approval, 14 copies of an application for major subdivision approval or 14 copies of an application for site plan review, conditional use approval or planned development. At the time of filing the application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provisions of this chapter or any rule of the Board. The applicant shall obtain all necessary forms from the Secretary of the Board. The Planning Board shall determine the completeness of an application at a regular meeting. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
[Added 11-5-1990 by Ord. No. 90-14]
A. 
In accordance with the provisions of the Municipal Land Use Law, particularly N.J.S.A. 40:55D-10.1, at the request of an applicant, the Planning Board shall grant agenda time at a regular or special meeting for informal review of a concept plan for development for which the applicant intends to prepare and submit a subsequent formal application for development.
B. 
The Planning Board shall also grant, at the request of any applicant, such time on the Board's agenda at any regular or special meeting, as the Board or its Chairman or Secretary shall determine, for informal discussion of any land use matter sought to be discussed or inquired of before the Planning Board.
C. 
The amount of fees paid for such an informal review, as hereinbelow provided, shall become a credit towards fees for review of any subsequently submitted formal application for development, provided that the same is filed with the Planning Board within one year of the date of such informal discussion.
D. 
The fees for such concept plan review and/or informal discussion, which shall be payable in advance of the scheduling of the same on the agenda of the Planning Board, shall be as follows:
[Amended 2-1-1993 by Ord. No. 93-03]
(1) 
An application fee of $100, plus the following deposits:
(a) 
For review of a concept plan of a proposed minor subdivision: $150.
(b) 
For review of a concept plan of a proposed minor subdivision necessitating relief pursuant to the provisions of N.J.S.A. 40:55D-60a: $150.
(c) 
For review of a concept plan of a proposed major subdivision: $200.
(d) 
For review of a concept plan of a proposed major subdivision necessitating relief pursuant to the provisions of N.J.S.A. 40:55D-60a: $300.
(e) 
For review of a concept site plan of a proposed site plan: $150.
(f) 
For review of a concept plan of a proposed site plan necessitating relief pursuant to N.J.S.A. 40:55D-60a: $150.
(g) 
All other concept plan reviews and/or informal discussions: $500.
[Amended 11-16-2009 by Ord. No. 2009-15]
E. 
The above-referenced fees shall entitle the applicant up to 30 minutes of agenda time, commencing with the initiation of discussion of the informal application.
F. 
Additional agenda time, whether occurring at the meeting at which the discussion is initiated or at a subsequent meeting of the Board, shall be on a pro rata basis utilizing the schedule set forth above.
G. 
The Board and its presiding officer shall be authorized to limit the total agenda time for concept reviews and/or informal discussions, depending upon other matters appearing on the agenda, whether or not the applicant is willing to reserve and pay the requisite fee for such additional agenda time.[1]
[1]
Editor's Note: Original Ch. 34, Art. II, Zoning Board of Adjustment, as amended, which immediately followed this article, was repealed 11-3-2008 by Ord. No. 2008-10. This ordinance provided that the powers of the Zoning Board of Adjustment be transferred to the Planning Board.