[HISTORY: Adopted by the Township Committee
of the Township of Franklin 9-10-1973 by Ord. No. 1973-10. Amendments
noted where applicable.]
GENERAL REFERENCES
Alternate members — See Ch. 7.
There is hereby created an Environmental Commission
for the protection, development or use of the natural resources located
within the territorial limits of the Township of Franklin pursuant
to the provisions of Chapter 245 of the Laws of New Jersey, 1968 (N.J.S.A.
40:56A-1 to 40:56A-5).
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 Township of Franklin; 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 and Township Committee 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. 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.
[Amended 5-22-2007 by Ord. No. O-12-2007]
A.
The Commission is established for the protection,
development or use of natural resources, including water resources,
located within the territorial limits of the Township of Franklin.
The Commission shall have the power to conduct research into the use
and possible use of the open land areas of the Township 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 are deemed 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
of inclusion in the Master Plan and the development and use of such
areas.
B.
Contaminated sites.
(1)
The Commission is authorized to:
(a)
Use information obtained from federal, state
and county agencies to identify and describe known contaminated sites;
(b)
Compile, maintain and routinely update information
on sites known or suspected to be contaminated by federal, state and/or
county governmental agencies for use by Township government and staff
and to maintain and routinely update such information;
(c)
Develop educational materials and programs about
contaminated sites, hazardous substances, well testing, and land use
practices relating to contamination and about prevention of contamination.
(2)
A contaminated site is defined by the New Jersey Department
of Environmental Protection (NJDEP) as all portions of environmental
media (e.g., soil, air, sediment, groundwater or surface water) at
a site and any location where contamination is emanating that contain
one or more hazardous substances as defined pursuant to N.J.S.A. 58:10-23.11b
et seq. A known contaminated site shall include any site or property
maintained within the records and/or lists of federal, state and county
agencies and shall also include any property so classified as the
result of any Phase I Environmental Site Assessment prepared in accordance
with ASTM and/or NJDEP standards that have been duly reviewed and
classified by the Township Environmental Commission, Planning Board,
Zoning Board and/or any professional engineer or consultant in their
employ, but shall not include any site based on hearsay.
(3)
The Commission may create a Contaminated Sites Subcommittee
or any other subcommittee for any purpose consistent with the powers
and purposes expressed under N.J.S.A. 40:56A-1 et seq. Each subcommittee
shall consist of any number of members from the Commission, appointed
by the Chairperson, for a term of one year beginning January 1 and
ending December 31 of the same year, to carry out the required duties.
The Chairperson shall fill a vacancy on each subcommittee by appointing
a member for the remainder of the vacating member's term.
(4)
The Commission and its subcommittees do not have the
legal authority to declare a site "contaminated" or to oversee or
assist in cleanup operations of a contaminated site.
(5)
The Commission shall provide the Township Clerk with
a copy of the contaminated sites list and the Township Clerk shall
act as the repository for sharing the list with the general public
in accordance with N.J.S.A. 46:3C-4 et seq.
The Environmental Commission may, subject to
the approval of the Township Committee, acquire property, both real
and personal, in the name of the Township 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 Township.
The Environmental Commission shall keep records
of its meetings and activities and make an annual report to the Township
Committee.
The Commission may appoint such clerks and other
employees as it may from time to time require, provided the same shall
be within the limits of funds appropriated to it by the Township Committee.
