Township of Mount Laurel, NJ Environmental Commission

There is hereby established, pursuant to N.J.S.A. 40:56A-1 et seq., an Environmental Commission of the Township of Mount Laurel ("Township") for the protection, development or use of natural resources, including water resources, located within the territorial limits of Mount Laurel Township and which shall be known as the "Mount Laurel Environmental Commission" ("Environmental Commission" or "Commission") and which shall be governed by the provisions of the aforementioned law and this chapter.

§ 22-2 Composition; officers; qualifications; service without compensation.

The Commission shall consist of seven members who shall be appointed by the governing body; one member shall also be a member of the Planning Board, and all members shall be residents of the Township of Mount Laurel. The governing body shall appoint the representative of the Environmental Commission who serves on the Planning Board. All members of the Environmental Commission shall serve without compensation, but within budgetary limitations, they may seek reimbursement for actual expenses necessarily incurred in the performance of their duties. The governing body shall designate one of the members to serve as Chairperson and Presiding Officer of the Commission.

§ 22-3 Terms of office.

The terms of office for the first Commissioners shall be for one, two or three years, as shall be designated by the governing body in making the appointments, so that the terms of approximately 1/3 of the members will expire each year. Their successor shall be appointed for terms of three years until the appointment and qualification of their successors.

§ 22-4 Removal from office.

The governing body 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.

§ 22-5 Vacancies.

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. Notwithstanding any other provisions of law to the contrary, the powers of appointment and removal are hereby accorded to the governing body of the municipality.

§ 22-6 Alternate members; liaison.

The governing body shall appoint not more than two alternate members who shall be residents of the Township of Mount Laurel. Alternate members shall be designated at the time of the appointment by the governing body's Alternate No. 1 and Alternate No. 2. 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 so that the term of not more than one alternate member shall expire in any one year. A vacancy occurring other than by expiration of term shall be filled in the same manner as an original appointment for the unexpired term only.

An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing, if he requests one, be removed by the governing body for cause.

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.

A governing body member may be designated as liaison to the Environmental Commission. Such designee may attend meetings and participate in deliberations of the Commission but shall not have the right to vote on matters before the Commission.

§ 22-7 Powers and duties.

The Environmental Commission shall have the power to study and make recommendations and provide advice concerning open space preservation, water resources and stormwater management, air pollution control, sustainability building design and practices, alternative transportation, recycling, composting, solid waste management, noise control, soil and landscape protection, environmental appearance, aquatic resources and protection of flora and fauna.

The Environmental 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.

The Environmental Commission may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes, subject to appropriations made available to it for such activities.

The Environmental Commission shall develop and maintain an inventory of all open space areas publicly or privately owned, including sensitive environmental features like streams, open marsh lands, swamps, wetlands and floodplains, as a resource for obtaining information on the proper use of such areas. It may recommend to the Planning Board plans and programs for inclusion in the Municipal Master Plan and for the development and use of such areas.

All applications for development filed with the Mount Laurel Zoning Board of Adjustment or the Mount Laurel Planning Board shall be referred to the Environmental Commission. The Environmental Commission shall review the application and may issue a report with recommendations to the appropriate land use board in order to alleviate or avoid negative environmental impacts. All fees and costs, if any, incurred by the Environmental Commission's professionals shall be payable out of the applicant's escrow account.

The Environmental Commission may upon the governing body's approval, develop or participate in programs, activities, and projects aimed at supporting and/or promoting the Environmental Commission's goals and purposes, including but not limited to fundraising efforts.

The Environmental Commission may act as a coordinating agency in the community with respect to conservation matters and as a liaison between local conservation needs and the regional, state and federal agencies responsible for administering to those needs.

The Environmental Commission shall identify all scenic, historic park and recreation sites and make recommendations for their protection and improvement.

The Environmental Commission shall promote good architectural landscape design for all developments with adequate provisions for park and green areas therein.

The Environmental Commission shall also have such other powers and duties as shall from time to time be prescribed by the governing body.

§ 22-8 Acquisition and administration of property.

The Environmental Commission may investigate and negotiate, with the approval of the governing body, the acquisition of property, both real and personal, by gift, purchase, grant, bequest, devise or lease, for any of its purposes. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant to 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. All such acquisition shall be in the name of the municipality, and the governing body shall have the right finally to approve or disapprove the Commission's recommendations. The Commission may recommend to the governing body policies, rules and regulations for the administration of such acquisitions and, if so authorized by the governing body, administer such acquisitions for the purposes for which they were obtained, subject to the terms of any conveyance or gift thereof.

§ 22-9 Records; reports and meetings.

The Environmental Commission shall meet a minimum of one time per month in accordance with the provisions of the Open Public Meetings Act, pursuant to N.J.S.A. 10:4-6 et seq., and shall meet at such other times as requested by the governing body or as may be necessary to discharge its duties hereunder. The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the governing body and shall make a report to the governing body at such other times as the governing body may request.

§ 22-10 Personnel.

The Environmental Commission may appoint, in consultation with the Township Manager, such clerical, technical or other assistance and incur such other expenses as it may from time to time require and as shall be within the limits of funds appropriated to it by the governing body.

§ 22-11 Budget; appropriations.

The governing body shall appropriate in the annual budget funds for the expenses incurred by the Environmental Commission. The Environmental Commission shall submit its proposed annual budget to the governing body at such time and in such form and in accordance with such procedures as the governing body shall prescribe. Budget review and approval shall be performed in the manner required under New Jersey law.