No member of the Planning Board shall act on any matter in which
he has either directly or indirectly any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee for reproduction of the minutes for his use as provided
for in the rules of the Board.
Fees for applications or for the rendering of any service by
the Planning Board or any member of its administrative staff which
are not otherwise provided by ordinance may be provided for and adopted
as part of the rules of the Board, and copies of said rules or of
the separate fee schedule shall be available to the public.
[Amended 10-5-1992 by Ord. No. 92-15; 2-7-1994 by Ord. No. 94-02]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Town Tax Assessor shall, within seven days after receipt of a request thereof and upon receipt of payment of a fee of $10 or a sum not to exceed $0.25 per name, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to §
49-17A(2).
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the Secretary or Clerk of the body making the decision,
without separate charge to the applicant. Said notice shall be sent
to the official newspaper for publication within 10 days of the date
of any such decision.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and N.J.S.A.
40:55D-65, every application for development submitted to the Planning
Board shall be accompanied by proof that no taxes or assessments for
local improvements are due or delinquent on the property which is
the subject of such application; or, if it is shown that taxes or
assessments are delinquent on said property, any approvals or other
relief granted by the Board shall be conditioned upon either the prompt
payment of such taxes or assessments or the making of adequate provision
for the payment thereof in such manner that the municipality will
be adequately protected.
Any variance hereafter granted by the Planning Board, permitting
the erection or alteration of any structure or structures or permitting
a specified use of any premises, shall expire by limitation unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance or unless such
permitted use has actually been commenced within one year from the
date of publication of the notice of the judgment or determination
of the Board; except, however, that the running of the period of limitation
herein provided shall be tolled from the date of filing an appeal
from the decision of the Board to the governing body or to a court
of competent jurisdiction until the termination in any manner of such
appeal or proceeding.
[Added 8-1-1988 by Ord. No. 88-12]
A. In the event that the Planning Board of the Town of Belvidere deems
it advisable or necessary to engage the services of professional consultants
other than the Planning Board Attorney or Town Engineer to assist
the Planning Board in the review and administration of a land use
application or to render reports, advice and recommendations with
respect thereto, the Board reviewing such land use application shall
make the determination as to its intention to engage the services
of such consultant and shall so advise the applicant in writing.
B. The Board shall obtain from such professional consultant an estimate
of the cost of the services to be rendered, and the applicant shall
be so advised, whereupon the applicant shall be required to post with
the Secretary of the Board funds in the amount of such estimate which
shall be considered a review deposit, which shall be subject to the
administrative procedures established with respect to same in the
Land Use Ordinances of the Town of Belvidere.
C. In the event that the applicant fails to pay the estimated review
deposit, the application shall automatically be deemed incomplete
at that point, the applicant shall be so advised in writing, and no
further proceedings or action shall be taken by the Board until such
additional review deposit has been paid.
D. Apportionment of professional consultant fees.
[Added 2-4-1991 by Ord. No. 91-1]
(1) The charges for services of the Board Attorney, Engineer and planning
consultant for attendance at Board meetings, which are rendered in
administrative review response to an applicant or application for
development on the Board agenda, shall be apportioned, on a pro rata
time basis, to each applicant or application appearing on the agenda
of any such meeting, and the professional services vouchers rendered
by each such Board professional shall be itemized and apportioned
to each separate matter appearing on the agenda.
(2) The charges apportioned to an applicant or development application shall be charged against the review deposit escrow required to be posted by such applicant and the procedures provided for in Subsection
C above, shall apply.
(3) Charges for professional services rendered to the Board for attendance
at all regular and special meetings, or any portion thereof, and all
other professional services which do not relate, directly, to an applicant
or development application, shall be charged to and paid from the
Town General Fund (Planning Board "Other Expenses").