Borough of Mountain Lakes, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Mountain Lakes 6-23-1980 as Secs. 2-14, 2-15, Paragraph 1, 2-16, 2-17, 2-18 and 2-19 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.

§ 9-1 Planning Board.

There shall be a Planning Board which shall be appointed pursuant to and have such powers and duties as are set forth in Chapter 40, Article II of this Code.

§ 9-2 Zoning Board of Adjustment.

[Amended by Ord. No. 15-82]
There shall be a Zoning Board of Adjustment which shall be appointed pursuant to and have such powers and duties as are set forth in Chapter 40, Article III of this Code.

§ 9-3 Health Commission.

A. 
Establishment; members; terms.
(1) 
There shall be a Health Commission, responsible to the Council, consisting of five members who shall be appointed by the Council for three-year terms.
(2) 
At least one member shall be a member of the medical or dental profession. Vacancies shall be filled by the Council for the unexpired term only. All appointments, except to fill vacancies, shall be made to take effect January 1 of each year for the full term of three years.
(3) 
The Borough Council may appoint up to two alternates to the Health Commission to serve for three-year terms. An alternate may act in the absence of a regular member of the Health Commission.
[Added 5-14-2012 by Ord. No. 05-12]
B. 
Organization. The Council shall designate a Chairman and a Vice Chairman. The Vice Chairman shall serve as acting Chairman in the absence or disability of the Chairman. The Commission shall meet at the call of the Chair, Manager or Council and shall meet at least once each quarter of the calendar year or when an emergency meeting is called.
[Amended 9-14-2009 by Ord. No. 12-09]
C. 
Powers and duties. The Commission shall have the following duties:
(1) 
To make recommendations to the Manager concerning or relating to the operation and administration of the health function.
(2) 
To make recommendations to the Council concerning or touching upon matters of policy or ordinances affecting the health function.
(3) 
To render advisory opinions, if requested, to the Council on appeal from an administrative ruling concerning health matters. In cases where an appeal is made to the Council, the Council shall set a date for the hearing of the Health Commission within 14 days after receiving the written request and shall render its decision within 10 days after completion of the hearing.

§ 9-4 Environmental Commission.

A. 
Establishment. There shall be an Environmental Commission for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Borough.
B. 
Appointments; terms; vacancies.
(1) 
The Commission shall consist of seven members, appointed by the Mayor, one of whom shall also be a member of the Borough Planning Board and all of whom shall be residents of the Borough. The Mayor shall designate a Chairman and a Vice Chairman. The Vice Chairman shall serve as Acting Chairman in the absence or disability of the Chairman. The terms of office of the Commissioners shall be for three years. The terms of approximately 1/3 of the members shall expire each year. Members shall serve until their successors are appointed and shall qualify.
(2) 
The Mayor may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon, at which the member shall be entitled to be heard in person or by counsel.
(3) 
A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. All appointments, except to fill vacancies, shall be made to take effect January 1 of each year for the full term of three years.
C. 
Alternate members.
[Added by Ord. No. 11-95]
(1) 
In addition to the members provided for in Subsection B above, there shall be two alternate members appointed by the Mayor and designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
(2) 
The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year. A vacancy occurring otherwise than by expiration of the term shall be filled by the Mayor for the unexpired term only.
(3) 
An alternate member shall not be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the Mayor for cause.
(4) 
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. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
D. 
Powers and duties.
(1) 
The Commission shall have the power to conduct research into the use of the open land areas of the Borough and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purpose. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas and may, from time to time, recommend to the Planning Board plans and programs for inclusion in Borough Master Plans and the development and use of such areas.
(2) 
The Commission may, subject to and contingent upon the approval of the Mayor, acquire property, both real and personal, in the name of the Borough by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes, subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right or easement, including a conservation easement, covenant or other contractual right, including a conveyance on conditions or with limitations or reversions, as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the Borough.
(3) 
The Commission shall have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, soil and landscape protection, environmental appearance, marine resources and protection and control of flora and fauna.
[Amended 11-24-2003 by Ord. No. 14-03]

§ 9-5 Recreation Commission.

A. 
Establishment. There shall be a Recreation Commission consisting of nine members, who shall be appointed by the Council.
[Amended by Ord. No. 8-86]
B. 
Members; terms; vacancies. Each member shall serve for three years. Vacancies shall be filled by the Council for the unexpired term only. All appointments, except to fill vacancies, shall be made to take effect January 1 of each year.
[Amended by Ord. No. 8-86]
C. 
Organization. The Council shall designate a Chairman and a Vice Chairman. The Vice Chairman shall serve as Acting Chairman in the absence or event of disability of the Chairman.
D. 
Powers and duties. The Commission shall have the following duties:
(1) 
To make recommendations to the Manager concerning or relating to the operation and administration of the recreation function.
(2) 
To advise and make recommendations to the Council concerning the recreation program and policies and the use of recreation areas in the Borough.

§ 9-6 Shade Tree Commission.

[Amended 11-27-2000 by Ord. No. 14-2000; 10-27-2003 by Ord. No. 10-03; 6-13-2005 by Ord. No. 06-05]
A. 
Establishment. There shall be a Shade Tree Commission for the regulation, preservation, planting, control and care of trees and shrubs upon the Borough streets, rights-of-ways, highways, public places and parks within the Borough of Mountain Lakes. For the purposes hereof, a tree or shrub shall be deemed to be located upon a Borough street, right-of-way, highway, public place or park if the center of the trunk of a tree or of a shrub is located upon a Borough street, right-of-way, highway, public place or park. The Shade Tree Commission shall be responsible for the following public places and parks: areas along a Borough street, right-of-way, or highway; Lyman Wilson Memorial Park; Linear Park; Birchwood Beach area; Island Beach area; Midvale boat launching area; parking areas for Haswell and Taft Fields; Memorial Park; Briarcliff Park; Frank B. Kaufman Memorial Park; Wildwood Park; and The Esplanade.
B. 
Membership, terms and vacancies. The Commission shall consist of seven members, each appointed by the Council for a term of five years as required by N.J.S.A. 40:64-1. Vacancies shall be filled by the Council for the unexpired term only. All appointments, except to fill vacancies, shall be made to take effect on January 1 of each year.
C. 
Alternate members. In addition to regular members, there may be two alternate members appointed to the Shade Tree Commission by the Borough Council and designated at the time of appointment as Alternate No. 1 and Alternate No. 2 and who shall serve in order during the absence or disqualification of any regular member. The terms of the alternate members shall be for five years. Vacancies shall be filled for the unexpired term only. All appointments, except to fill vacancies, shall be made to take effect on January 1 of each year. Alternate members may participate in discussions of the proceedings but shall 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.
D. 
Organization. The Shade Tree Commission shall organize within 30 days after January 1 of each year by the election of one of its members as the Shade Tree Commission Chairperson and the appointment of a secretary, who need not be a member.
E. 
Powers and duties. The Shade Tree Commission shall, subject to and contingent upon the approval of the Borough Council by resolution, have the power to:
(1) 
Regulate the planting and care of trees and shrubs now located or which may hereafter be planted upon any Borough street, right-of-way, highway public place or park. This power includes the planting, trimming, spraying, care, protection and removal of trees and shrubs under the control of the Shade Tree Commission.
(2) 
Regulate and control the use of the ground surrounding the Borough's trees and shrubs, so far as may be necessary for their proper growth, care and protection.
(3) 
Move or require the removal of any tree or part thereof dangerous to public safety.
(4) 
Care for and control trees and shrubs within Borough streets, rights-of-ways, highways, public places and parks.
(5) 
Encourage arboriculture.
(6) 
Administer treatment to, or remove, any tree situate upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Borough and enter upon private property for that purpose, with the consent of the owner thereof, provided the suspected condition is first confirmed by certificate issued by or on behalf of the Department of Agriculture.
(7) 
Report, with the assistance of the Borough Manager, from time to time as may be necessary and at least once a year to the Borough Council regarding the activities and expenses of the Shade Tree Commission.
(8) 
Maintain and annually review a reliable street tree inventory and data base.
(9) 
Administer Article VII of Chapter 102, as applicable.
F. 
Expenses and staff. The Shade Tree Commissioners shall serve without compensation. The Borough Council may annually appropriate funds as may be necessary to fund the expenses incurred in the performance of the duties of the Shade Tree Commission as provided herein. Subject to the appropriation of funds and approval of the Council by resolution, the Shade Tree Commission may recommend the engagement by the Council of an advisor or advisors to the Shade Tree Commission.
G. 
No liability for death or injury. Nothing in this section shall be construed to make the Shade Tree Commission, the Council, or any member thereof or any volunteer participating in the performance of the powers of the Shade Tree Commission responsible for the death or injury of any person, or for an injury to any property tree or shrub. Liability for any such death or injury shall be governed by the provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq.