[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 7-17-2006 by Ord. No. 2006-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use administration — See Ch. 19.
Use of beaches — See Ch. 55.
Beach protection — See Ch. 57.
Nuisances — See Ch. 136.
Property maintenance — See Ch. 151.
Sewage and waste disposal — See Ch. 160.
Solid waste — See Ch. 173.
Subdivision of land — See Ch. 179.
Zoning — See Ch. 212.
Lands dedicated for public use — See Ch. A216.
[1]
Editor's Note: This ordinance also repealed former Ch. 10, Environmental Commission, adopted 9-12-2005 by Ord. No. 2005-19.
There is hereby established pursuant to N.J.S.A. 40:56A-8 et seq., a Joint Environmental Commission of the Boroughs of Beach Haven, Ship Bottom, Surf City, Harvey Cedars, Barnegat Light and the Township of Long Beach for the protection, development and use of natural resources, including water resources, located within the territorial limits of the Boroughs and the Township, which shall be known as the "Joint Environmental Commission of Long Beach Island," and which shall be governed by the provisions of the aforementioned law and this chapter.
A. 
The Commission shall consist of 12 members as follows: two persons appointed by the mayor of each municipality with the consent of the governing body thereof, one of whom shall also be a member of the Planning or Land Use Board of the municipality. All terms of office shall be for one year computed from January 1 of the year of appointment, and the members shall serve after the expiration of their terms until their successors are appointed and qualified. A vacancy on the Commission occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment. A majority of the members of the Commission shall hold no other public office except membership on a municipal or other planning board. Members of the Commission shall serve without compensation, but within budgetary limitations they may receive reimbursement for actual expenses necessarily incurred in the performance of their duties. The Commission shall elect one of its members as chairman, who shall hold no other public office or position except that he or she may be a member of a municipal or other planning board. The term of office of the chairman shall be one year, computed from January 1 of the year of election.
B. 
The governing body of each municipality shall have the right to designate one of its members as liaison to the Commission. Such designee may attend meetings and participate in deliberations of the Commission but shall not have the right to vote on matters before the Commission.
The mayors and governing bodies may remove a member of the Commission from their own municipality, for cause, on written charges served upon a member. The member shall be entitled to a hearing and shall be entitled to be represented by counsel.
The Commission shall have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, aquatic resources and protection of flora and fauna. The Commission shall have the power to conduct research into the use and possible use of the open land areas of the municipalities 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 purposes, within appropriations made available to it therefor. It shall keep an index of all open areas, publicly or privately owned, including open marshland, 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 and Land Use Boards, plans and programs for inclusion in the master plans and the development and use of such areas. It shall also have such other powers and duties as shall from time to time be prescribed by the municipal governing bodies.
The Commission may, subject to unanimous approval of the governing bodies, acquire property, both real and personal, in the name of the municipalities 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, easement (including 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 municipalities.
The Commission shall keep records of its meetings and activities and shall make a report to the governing bodies annually and such other times as may be requested by them.
The Commission may appoint such clerks and other employees and incur such expenses as it may from time to time require, provided that the same shall be within the limit of funds appropriated to it.
The participating municipalities shall share in the annual operating expenses of the Commission in proportion to the taxable property within their respective boundaries, as equalized for the purpose of apportioning county taxes, for the preceding year. The Commission shall submit its proposed annual budget to the governing bodies of the municipalities at such time and in such form and in accordance with such procedures as the governing bodies shall prescribe. The budget as finally agreed upon by unanimous approval of the governing bodies shall constitute the budget of the Commission for the budget year, and each municipality shall appropriate and raise money for its share of said budget, as required by law. Special appropriations for capital or other special purposes may be made by the municipalities pursuant to agreement between them from time to time.