[Adopted 5-4-1999 by Ord. No. 1758]
There is hereby created in the Borough of North
Arlington an Environmental Commission, pursuant to N.J.S.A. 40:56-A-1
et seq., with the membership, powers, duties and responsibilities
hereafter set forth in this article.
A.
The Commission shall consist of seven regular and
two alternate members, appointed by the Mayor. One regular member
shall also be a member of the Borough Planning Board, and all regular
and alternate members shall be residents of the Borough.
B.
All members of the Commission shall serve without
compensation.
C.
The Mayor shall designate one regular member to serve
as Chairperson and presiding officer of the Commission.
D.
Alternate members shall be designated at the time
of their appointment as "Alternate No. 1" and "Alternate No. 2." An
alternate member shall not be permitted to act on any matter in which
the member has, either directly or indirectly, any personal or financial
interest. An alternate member may participate in discussions of 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.
Regular members. Initially, two Commissioners shall
be appointed for one-year terms, two for two-year terms and three
for three-year terms. Thereafter, each appointment shall be for three-year
terms. 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 the original appointment.
B.
Alternate members. 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 otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
A.
The Mayor or Council may remove any regular 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.
B.
An alternate member may, after public hearing, if
the member requests one, be removed by the Mayor and Council.
The Commission shall keep records of its meetings
and activities and shall make an annual report to the governing body
of the municipality.
The meetings of the Commission shall be subject
to the Open Public Meeting Act, N.J.S.A. 40:56-A-1 et seq., and its
records shall be considered public documents.
The Commission shall have the following powers
and duties:
A.
It shall keep an index for 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
it may from time to time recommend to the Planning Board plans and
programs for inclusion in the Borough Master Plan and for the development
and use of such areas.
B.
The Commission may, as it deems fit, 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.
C.
The Commission may advertise, prepare, print and distribute
books, maps, charts, plan and pamphlets which in its judgment it deems
necessary for its purposes.
A.
When the Commission has prepared and submitted to the Planning Board and the Board of Adjustment the index of natural resources referred to in § 5-26, the Planning Board and the Board of Adjustment shall thereafter make available to the Commission an informational copy of every application for development submitted to either Board.
B.
The Commission shall review each application and may
provide its advice to the appropriate board, which advice shall be
conveyed through the delegation of one of its members or staff to
testify orally at the hearing on the application and to explain any
written report which may have been prepared and/or submitted to the
Board.
The Commission may study and make recommendations
concerning open space preservation, water resources management, air
pollution control, solid waste management, noise control, soil and
landscape protection, environmental appearance, marine resources and
protection of flora and fauna.
A.
The Commission may, subject to the approval of the
Mayor and Council, acquire property, both real and personal, in the
name to the Borough by the 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.
B.
Any such 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 of the Borough.
