[HISTORY: Adopted by the City Council of the City of Rahway 2-8-1993
by Ord. No. A-5-93. Amendments noted where applicable.]
The City of Rahway Environmental Commission is hereby established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 40:56A-12) as amended by Chapter 35, P.L. 1972, Chapter 334, P.L. 1975, Chapter 168, P.L. 1989.
A.
The Commission shall consist of seven members appointed
by the Mayor, one of whom shall also be a member of the Planning Board and
all of whom shall be residents of the city; the members shall serve without
compensation except as hereinafter provided. The Mayor shall designate one
of the members to serve as Chairman and presiding officer of the Commission.
The terms of office of the first Commissioners shall be for one, two or three
years, to be designated by the Mayor in making his appointments, and their
successors shall be appointed for terms of three years and until the appointment
and qualification of their successors. The first members of the Commission
shall be appointed for the following terms:
B.
The Mayor or governing body may remove any member of
the Commission for cause, on written charges served upon the member and after
the hearing thereon at which the member shall be entitled to be heard in person
or by counsel. A vacancy on the Commission occurring otherwise than expiration
of a term shall be filled for the unexpired term in the same manner as an
original appointment.
A member shall not be permitted to act on any matter in which he has
either directly or indirectly any personal or financial interest.
A.
The governing body may appoint not more than two alternate
members, to be designated "Alternate No. 1" and "Alternate No. 2."
B.
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. A vacancy occurring
otherwise than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
C.
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.
The Commission is established for the protection, development or use
of natural resources, including water resources, located within territorial
limits of the city. The Commission shall have the power to conduct research
into the use and possible use of the open land areas of the municipality 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. 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 the Master Plan and the
development and use of such areas.
The Environmental Commission may, subject to the approval of the governing
body, acquire property, both real and personal, in the name of the municipality
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 municipality.
The Environmental Commission shall keep records of its meetings and
activities and make an annual report to the governing body.
The Commission may appoint such clerks and other employees and incur
such expenses as it may from time to time require, providing the same shall
be within the limits of funds appropriated to it by the governing body or
otherwise available to it.
The Environmental Commission shall have 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, marine resources and protection of flora and fauna.