[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope
4-24-1978 as Ord. No. 1978-6. Amendments noted where applicable.]
The Borough of Stanhope Environmental Commission is hereby established
pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 40:56A-5).
A.
The Commission shall consist of seven (7) members appointed
by the Mayor, one (1) of whom shall also be a member of the Planning Board,
and all of whom shall be residents of the Borough of Stanhope.
B.
The members shall serve without compensation except as
hereinafter provided.
C.
The Mayor shall appoint one (1) of the members to serve
as Chairman and presiding officer of the Commission.
D.
The terms of office of the first Commissioners shall
be for one, (1) two, (2) or three (3) years, to be designated by the Mayor
in making his appointments, and their successors shall be appointed for terms
of three (3) years and until the appointment and qualification of their successors.
The first members of the Commission shall be appointed for the allowing terms:
E.
The Mayor or Borough Council may remove any members 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.
F.
Alternate members. The Mayor may also appoint not more
than two (2) alternate members to the Environmental Commission, who shall
be designated at the time of appointment as "Alternate No. 1" and "Alternate
No. 2."
[Added 6-30-1992 by Ord.
No. 1992-12]
(1)
Alternate members shall have the same qualifications
as regular members.
(2)
The terms of alternate members shall be for two (2) years,
except that the terms for those initially appointed as Alternate No. 1 and
Alternate No. 2 shall be for one (1) year and two (2) years, respectively.
(3)
Vacancies occurring for reasons other than expiration
of term shall be filled by Mayoral appointment for the unexpired portion thereof
only.
(4)
Alternate members may be removed for cause by the governing
body, but shall be entitled to a public hearing beforehand upon request.
(5)
Alternate members shall be permitted to participate in
Commission discussions but may not vote except in the absence or disqualification
of a regular member; and voting shall not be delayed so that a regular member
might vote instead of the alternate member. Further, Alternate No. 1 shall
be permitted to vote before Alternate No. 2.
The said Commission shall have the following powers:
A.
Promoting the conservation and development of the environmental
quality of Stanhope.
B.
Planning, implementing and informing the public about
local conservation programs.
C.
Compiling and keeping an index of all open areas, publicly
or privately owned, including open marshland, swamps and other wetlands.
D.
Conducting research into the possible use of the open
area and preservation or protection of its resources, including air and water.
E.
Recommending to and advising the Planning Board as to
plans and programs for the development and use of such areas.
F.
Advertising, preparing, printing and distributing books,
maps, charts, plans and pamphlets which, in its judgment, it deems necessary
for the purposes contained herein.
G.
Managing donated or purchased lands for conservation
purposes and operating conservation programs.
H.
Acting as the coordinating agency of the community on
conservation matters and a liaison between local conservation needs and regional,
state and federal agencies ministering to those needs.
I.
Adopting bylaws governing its procedural operations.
The said Commission, with the approval of the Council of the Borough
of Stanhope, may from time to time acquire property, both real and personal,
in the name of the Borough of Stanhope, by gift, purchase, grant, bequest,
devise or lease for any of its purposes, including but not limited to use
as living museums, sites for scientific study, areas for teaching of nature
and conservation, places of historic or prehistoric interest and scenic beauty
and habitat for rare and endangered plants and animals, 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 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 of Stanhope.
The Environmental Commission may, subject to approval of the Council,
have control of lands acquired for the purposes herein stated and may adopt
suitable rules and regulations for the use thereof and the conduct of all
persons while on or using the same.
The said Commission shall keep records of its meetings and activities
and shall make an annual report on or before the first day of December and
submit the same to the Council of the Borough of Stanhope, which report shall
be comprehensive and detailed, covering operations, receipts, disbursements
and expenditures for the full year.
The Council of the Borough of Stanhope may annually fix, determine and
appropriate a sum sufficient for the care, custody, policing and maintenance
of such lands acquired for the uses and purposes herein stated and for the
expenses of said Commission, which may be raised by taxation in the same manner
as other taxes.
Said Commission may appoint a Secretary or Clerk and such number of
custodians, supervisors and assistants for the lands acquired for the uses
and purposes herein mentioned as they shall think necessary, but the salaries
of all such clerks, custodians, supervisors and assistants shall be fixed
and determined by the Council of the Borough of Stanhope, and, in addition
thereto, the total salaries of all such persons shall be within the limits
of funds appropriated to said Commission.