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:
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 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.
[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.
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 in accordance with the provisions of said ordinances and
N.J.S.A. 40:55D-37 et seq.
C. To approve conditional use applications in accordance with the provisions
of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
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.
[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.