[HISTORY: Adopted by the Town Council of the Town of Belvidere
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-2022 by Ord. No. 2022-02]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Town of Belvidere of a general and permanent nature adopted by the Town Council of the Town of Belvidere, as revised and codified and consisting of Chapters 1 through 505, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Belvidere, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 1987 Code of the Town of Belvidere, as amended and supplemented.
A.Â
A
copy of the Code has been filed in the office of the Municipal Clerk
and shall remain there for use and examination by the public until
final action is taken on this ordinance. Following adoption of this
ordinance, such copy shall be certified to by the Clerk of the Town
of Belvidere by impressing thereon the Seal of the Town, as provided
by law, and such certified copy shall remain on file in the office
of the Town Clerk, to be made available to persons desiring to examine
the same during all times while said Code is in effect.
B.Â
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Town Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Town of Belvidere" shall be understood and intended to
include such additions and amendments.
The Clerk of the Town of Belvidere shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Town Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A.Â
Ordinances
or parts of ordinances inconsistent with the provisions contained
in the Code adopted by this ordinance are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency,
and any valid legislation of the Town of Belvidere which is not in
conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
B.Â
The
following ordinances have been excluded from the Code and are specifically
repealed:
(1)Â
Ordinance No. 87-11, 1987 Code adoption, adopted August 3, 1987,
as amended and supplemented.
(2)Â
Former Chapter 24, Health, Board of, of the 1987 Code.
(3)Â
Former Chapter 25, Local Assistance Board, of the 1987 Code.
(4)Â
Former Chapter 101, Indigent Persons, Article I, Burial, of the 1987
Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.Â
Any
ordinance adopted subsequent to December 13, 2021.
B.Â
Any
right or liability established, accrued or incurred under any legislative
provision prior to the effective date of this ordinance or any action
or proceeding brought for the enforcement of such right or liability.
C.Â
Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.Â
Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E.Â
Any
franchise, license, right, easement or privilege heretofore granted
or conferred.
F.Â
Any
ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G.Â
Any
ordinance or resolution appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond or other instruments or evidence
of the Town's indebtedness.
H.Â
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I.Â
The
levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.Â
The
dedication of property or approval of preliminary or final subdivision
plats.
K.Â
All
currently effective ordinances pertaining to the rate and manner of
payment of salaries and compensation of officers and employees.
L.Â
Any
ordinance adopting or amending the Zoning Map.
M.Â
Any
ordinance relating to or establishing a pension plan or pension fund
for municipal employees.
A.Â
In
preparing the revision and codification of the Town's ordinances
pursuant to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive
changes were made in one or more of said ordinances. It is the intention
of the Town Council that all such changes be adopted as part of the
Code as if the ordinances so changed had been formally amended to
read as such.
B.Â
In
addition, the changes, amendments or revisions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-27-2022 by Ord. No. 2022-02." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C.Â
Nomenclature
changes. Throughout the Code, the following titles have been updated
as follows:
(1)Â
References to "Zoning Board of Adjustment" have been deleted, where
applicable, or changed to "Planning Board," where applicable, as a
result of the merging of the Planning Board with the Zoning Board
of Adjustment, pursuant to Ord. No. 2008-10.
A.Â
Chapter
and article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.Â
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the Town of Belvidere
to be misrepresented thereby. Anyone violating this section shall
be subject, upon conviction, to one or more of the following penalties:
a fine of not more than $2,000, imprisonment for not more than 90
days or a period of community service not exceeding 90 days, in the
discretion of the Judge imposing the same.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.