[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 2-5-2004 by Ord. No. 540 (Ch. 11 of the 1977 Township
Code). Amendments noted where applicable.]
Effective January 1, 2004, there is hereby created within the
Township of Upper Deerfield an Environmental Commission, the purpose
and function of which shall be to evaluate environmental conditions
and resources within the Township of Upper Deerfield and to advise
and make recommendations to the Township Committee, Planning Board
and other Township organizations and bodies for the protection, development
and use of environmental resources within the Township.
A.Â
The Commission shall consist of seven members, all of whom shall
be residents of the Township of Upper Deerfield. Members shall serve
without compensation. The Mayor of the Township of Upper Deerfield
shall designate one of the members of the Environmental Commission
to serve as Chairman and presiding officer of the Commission. The
terms of office of the first Commissioners shall be as follows: three
members shall be appointed for one year; two members shall be appointed
for two years; and two members shall be appointed for three years,
and each term of office shall commence at the beginning of the calendar
year and shall end at the end of a calendar year. Members shall continue
to serve until their successors shall have been appointed and qualified.
Successors shall be appointed for terms of three years and serve until
the appointment and qualification of their successors.[1]
B.Â
Two alternate members of the Environmental Commission shall also
be appointed for terms of two years each, except that alternate number
one shall initially be appointed for a period of two years commencing
on January 1 of the year of appointment or any unexpired portion thereof
and alternate number two shall be appointed for one year or any unexpired
portion thereof. Thereafter, appointments of alternates shall be for
a term of two years each. The appointments shall be made by the Mayor
with the approval of the Township Committee. A vacancy occurring otherwise
than by expiration of a term shall be filled only for the unexpired
term. An alternate member shall not be permitted to act on any matter
in which he or she, directly or indirectly, has any personal interest.
An alternate member may, after public hearing, if requested, be removed
by the governing body for cause. An alternate member may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member
if a regular member is otherwise absent. In the event that a choice
must be made as to which alternate member shall vote, alternate number
one shall vote first.
[Added 11-15-2007 by Ord. No. 601]
Any member of the Environmental Commission may be removed for
cause on written charges served upon the member and after a hearing
at which the member shall be entitled to be heard in person or by
counsel.
Any vacancy that shall occur in the Environmental Commission
other than by an expiration of a term of office shall be filled for
the unexpired term in the same manner as any original appointment.
In the absence of or unavailability of the Mayor to act in accordance
with this chapter, then in such event the Deputy Mayor may act in
his stead.
A.Â
Among other things, the Environmental Commission shall have the power
to conduct research into the use and possible use of open lands in
the municipality and it shall have authority to advertise, prepare,
print and distribute books, maps, charts, pamphlets which in its judgment
are necessary for its purposes. It shall keep an index of open areas,
publicly or privately owned, including marshlands, swamps, wetlands
and other areas, in order to obtain information on the proper use
of such areas, and it may make such recommendations to the Planning
Board and to the governing body of the municipality with respect to
plans and/or programs for inclusion in the Township Master Plan concerning
the development and use of such areas.
B.Â
The Environmental Commission shall have the power to study and make
recommendations concerning open space preservations, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, and environmental appearance, marine
resources and protection of flora and fauna.
C.Â
Subject to the approval of the governing body, the Environmental
Commission may be permitted to acquire property, both real and personal,
in the name of the municipality, by gift, purchase, grant, bequest,
devise or lease, and shall administer such gifts subject to the terms
of the conveyance or gift. Such acquisitions may include but are not
limited to the acquisition of fee simple title or any lesser interest,
development rights, easement, including conservation easement, covenant
or other contractual right as may be necessary to acquire, maintain,
improve, protect, or limit the future use of or conservation of property
and to properly utilize open spaces and other land and water areas
within the municipality.
The governing body may appropriate funds for expenses incurred
by the Environmental Commission, and the Commission may appoint such
employees as it may from time to time require and as shall be within
the limits of funding appropriated to it.
