[Added 2-28-1989 by Ord. No. 1989-2[1]]
[1]
Editor's Note: Section 2 of this ordinance
stated as follows: "This ordinance shall take effect upon
the adoption of substantially similar ordinances by the constituent
municipalities and substantially similar resolutions by the constituent
counties within six calendar months after the adoption of the first
such ordinance or resolution by a constituent entity."
Lake Musconetcong and the surrounding beach
area is a critical regional water resource. There is a desire among
area and regional residents to maintain and enhance the recreational
value of the lake and to address the concerns for future needs of
clean water for both the local area and downstream watershed area.
Currently, there is a serious eutrophication problem at the lake.
Since governmental authority over Lake Musconetcong is fragmented
among four municipalities, two counties and the state, in order to
effectively address the problems now confronting the lake and its
future enjoyment and potential, it would serve the needs of all concerned
for said governmental authorities to join in the creation of a Lake
Musconetcong Regional Planning Board.
The Lake Musconetcong Regional Planning Board
is hereby created and established by and for the Boroughs of Netcong
and Stanhope, the Townships of Roxbury and Byram, the Counties of
Morris and Sussex and the State of New Jersey, pursuant to the authority
contained in N.J.S.A. 40:55D-77, et seq.
A.
The Lake Musconetcong Regional Planning Board shall
submit an annual report to the governing body of each municipality
and make surveys, studies and regional plans for the physical improvement
of Lake Musconetcong, including the shoreline and 50 feet of beachfront.
Pursuant thereto, the Board shall make such recommendations for action
by its constituent entities in furtherance of its goals as it deems
necessary and beneficial.
B.
Upon a Local Planning Board receiving a development
application affecting lands adjacent to the lake or having any potential
affect on the lake, the Secretary of said Local Board shall immediately
forward a copy of the application and plans to the Regional Board
for its review. The Regional Board shall inspect the site and review
the application and plans. The Regional Board shall then prepare a
written advisory report to be returned to the Local Board in a timely
manner. The actual approval decision on the application shall be made
only by the Local Board.
[Amended 5-28-2002 by Ord. No. 2002-5]
The composition, membership and manner of appointment
of the Lake Musconetcong Regional Planning Board shall be as follows:
A.
The total membership of the Board shall be 10, provided that additional members may be appointed pursuant to Subsection D hereinafter.
B.
A total of eight members shall be appointed by the
Mayors of the respective municipal constituents, each of said members
to be a resident of the municipality by which he/she is appointed.
The number of members to be appointed from each municipality shall
be based on the proportionate amount of shoreline located in such
municipality, as follows: Byram: one (i) member; Netcong: two members;
Roxbury: two members; and Stanhope: three members. The first member
appointed by each municipal constituent shall serve for an initial
term of four years; the second and third members appointed by each
municipal constituent, if applicable, shall serve for initial terms
of two years. Upon the expiration of the initial terms of membership
of all members, all terms thereafter shall be for a period of four
years.
C.
Each county constituent shall appoint one member to
the Board for a term of three years. Such member shall also be a member
of the County Planning Board and shall hold no other public office
or position.
D.
The Lake Musconetcong Regional Planning Board may,
by resolution, provide that the Commissioner of the Department of
Environmental Protection appoint as a member of the Regional Board
a representative of that Department's Division of Parks and Forestry
and an additional member who shall be a resident of one of the constituent
municipalities but who shall not hold any public office or position
excepting that of appointed membership on a municipal or other planning
board.
A.
The Lake Musconetcong Regional Planning Board may
employ, contract for and fix the compensation of legal counsel other
than an attorney for a constituent municipality or county and experts
and other staff and services as it may deem necessary; provided, however,
that such amounts may not exceed amounts appropriated for its use
by the constituent municipalities and counties after their review
and approval of the Board's annual budget.
B.
Costs and expenses.
(1)
The apportionment of costs and expenses of the
Board shall be based upon the constituent municipalities' respective
proportionate shares of shoreline and specific percentages attributed
to the constituent counties, as follows:
|
Municipality
|
Percent
| |
|---|---|---|
|
Borough of Netcong
|
18.7
| |
|
Borough of Stanhope
|
32.7
| |
|
County of Morris
|
12.5
| |
|
Township of Byram
|
3.5
| |
|
Township of Roxbury
|
20.1
| |
|
County of Sussex
|
12.5
|
(2)
The State of New Jersey shall contribute towards
the expenses of the Lake Musconetcong Regional Planning Board through
the provision of professional services to the Board.
This joint agreement creating and establishing
the Lake Musconetcong Regional Planning Board shall have an indefinite
duration. It may be terminated by a vote of two-thirds (2/3) of the
full authorized membership thereof or by the adoption of an ordinance
by one of the constituent municipalities terminating its participation.
Upon termination of the Regional Board pursuant to one of these two
methods, the effective date of termination shall be as agreed to unanimously
by the full authorized membership of the Board. In the event that
unanimous agreement cannot be reached, termination shall be effective
on the June 30 next succeeding the expiration of 12 full calendar
months following the decision to terminate.
