Township of Mansfield, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Mansfield 12-5-1983 by Ord. No. 1983-5. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 50.

§ 17A-1 Creation; purpose.

A commission for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Township of Mansfield, County of Burlington, State of New Jersey, is hereby established, said Commission to be known as the "Mansfield Township Environmental Commission," pursuant to the provisions of N.J.S.A. 40:56A-1 et seq. (P.L. 1968, c. 245), as amended and supplemented.

§ 17A-2 Membership; compensation.

[Amended 3-24-1988 by Ord. No. 1988-7]
A. 
The Mansfield Township Environmental Commission, herein established, shall be composed of seven members appointed by the Mayor of the Township, one of whom shall be a member of the Mansfield Township Planning Board and all of whom shall be residents of the Township.
B. 
[1]In addition to the regular membership established above, the governing body shall also be authorized to appoint two alternate members, who shall be designated at the time of their appointment by the governing body as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that for those first appointed to these positions following the enactment of this chapter, the term of Alternate No. 1 shall be for two years and the term of Alternate No. 2 shall be for one year, such that thereafter the term of not more than one alternate member shall expire in any one year. Any vacancy occurring otherwise than by expiration of the term shall be filled by the governing body for the unexpired term only.
[Added 2-12-1997 by Ord. No. 1997-2]
[1]
Editor's Note: Former Subsection B, which dealt with the appointment of alternate members, was repealed 1-18-1995 by Ord. No. 1995-2.
C. 
No member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
[Amended 1-18-1995 by Ord. No. 1995-2; 2-12-1997 by Ord. No. 1997-2]
D. 
[2]An alternate member may participate in discussions of the proceedings of the Environmental Commission, 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 is to vote, Alternate No. 1 shall vote first.
[Added 2-12-1997 by Ord. No. 1997-2]
[2]
Editor's Note: Former Subsection D, which dealt with the participation of alternate members in meetings, was repealed 1-18-1995 by Ord. No. 1995-2.
E. 
Members of the Commission shall serve without compensation, except as hereinafter provided.
[Amended 1-18-1995 by Ord. No. 1995-2; 2-12-1997 by Ord. No. 1997-2]

§ 17A-3 Terms of office.

[Amended 3-24-1988 by Ord. No. 1988-7]
Terms of office of the first Commissioners shall be for one, two or three years, to be designated by the Mayor in making his or her appointments, so that the terms of approximately 1/3 of the regular members will expire each year, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors.[1]
[1]
Editor's Note: Former Subsection B, regarding terms of office for alternate members, which immediately followed this section, was deleted 1-18-1995 by Ord. No. 1995-2.

§ 17A-4 Chairman.

One member of the Mansfield Township Environmental Commission shall serve as Chairman and presiding officer of the Commission. The Chairman shall be elected yearly by a majority vote of the members of the Commission.

§ 17A-5 Removal of members.

[Amended 3-24-1988 by Ord. No. 1988-7; 1-18-1995 by Ord. No. 1995-2]
A. 
The Mayor or Township Committee may remove any regular member of the Mansfield Township Environmental Commission for cause on written charges being served upon the member and after a hearing thereon upon 10 days' written notice of the date and place set for said hearing, at which the member shall be entitled to be heard in person or by counsel.
B. 
An alternate member may, after public hearing if he/she requests one, be removed by the governing body for cause.
[Added 2-12-1997 by Ord. No. 1997-2]

§ 17A-6 Vacancies.

Vacancies occurring on the Mansfield Township Environmental Commission, occurring otherwise than by expiration of a term, shall be filled for the unexpired term in the same manner as an original appointment.

§ 17A-7 Powers granted by statute.

The Mansfield Township Environmental Commission, pursuant to N.J.S.A. 40:56A-2, shall have the power to conduct research into the use and possible use of the open land areas of the Township; 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.

§ 17A-8 Index of open areas.

The Mansfield Township Environmental Commission 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 of Mansfield Township plans and programs for inclusion in a Municipal Master Plan and the development and use of such areas.

§ 17A-9 Referrals to Commission; recommendations.

[Amended 1-23-2008 by Ord. No. 2008-4]
A. 
The Planning Board of Mansfield Township shall refer all site plan applications and all major subdivisions involving 10 or more lots or 10 or more acres to the Mansfield Township Environmental Commission for recommendations as to the development and use of the area within said subdivision or site plan and for its opinion on the effect of said subdivision or site plan on the surrounding area based upon the studies made by the Mansfield Township Environmental Commission. The recommendations and the opinion on the effect of the subdivision and site plan by the Mansfield Township Environmental Commission shall include, but not be limited to, the consideration of the following:
(1) 
Wetlands, floodplains, marshes and public access to the waterways.
(2) 
Identification of scenic, historic, park and recreation sites.
(3) 
Air and water pollution.
(4) 
Natural screening, trees and tree placement and replacement.
(5) 
Soil erosion.
(6) 
Location of utilities and highways.[1]
[1]
Editor’s Note: Former Subsection A(7), Architectural and landscape design, was repealed 5-24-2017 by Ord. No. 2017-6.
B. 
The Mansfield Township Environmental Commission shall act upon all referrals submitted by the Planning Board of Mansfield Township not later than 30 days following the referral. The failure of the Mansfield Township Environmental Commission to act within the allotted time or an extension mutually agreed upon extension with the applicant shall be deemed to be a favorable recommendation of the development and the proposed use of the area within the subdivision and/or site plan with no opinion on the effect of the subdivision or site plan on the surrounding area.

§ 17A-10 Right to acquire property.

The Mansfield Township Environmental Commission may, subject to the approval of the Township Committee, acquire property, both real and personal, in the name of the Township of Mansfield 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. In acquiring any such property, the Mansfield Township Environmental Commission may 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 reservations) 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.

§ 17A-11 Records; annual report.

The Mansfield Township Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Township Committee of the Township of Mansfield.

§ 17A-12 Appropriation of funds; employees.

The Township Committee of the Township of Mansfield may appropriate funds for the expenses incurred by the Mansfield Township Environmental Commission. The Mansfield Township Environmental Commission may appoint such clerk and other employee as it may from time to time require and as shall be within the limits of the funds appropriated to it.

§ 17A-13 Repealer.

All existing ordinances and laws of the Township inconsistent herewith are repealed to the extent of such inconsistency.

§ 17A-14 Severability.

If any section, sentence, clause, provision or portion of this chapter shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect or impair any other section, sentence, clause, provision or portion of this chapter.

§ 17A-15 Effective date.

This chapter shall take effect on December 31, 1983.