[Adopted 5-26-1975 as Sec. 2-27
of the 1975 Code, as amended through Ord. No. 627-98]
In accordance with the provisions of P.L. 1968,
c. 245, codified at N.J.S.A. 40:56A-1 et seq., as same may be amended
and supplemented, there is hereby established an Environmental Commission
of the Borough. The Environmental Commission shall consist of five
members, one of whom shall also be a member of the Borough Planning
Board and all of whom shall be residents of the Borough. The members
shall serve without compensation, except as may hereinafter be provided.
The Mayor shall appoint all the members of the
Environmental Commission and shall designate one of such members to
serve as Chairman and presiding officer of the Commission.
A.
All members of the Environmental Commission shall
be appointed for terms of three years and until their successors are
duly appointed and qualified; provided, however, that in the case
of the initial appointment of members of the Commission, two members
shall be appointed for a term of one year each, two members shall
be appointed for a term of two years each, and one member shall be
appointed for a term of three years.
B.
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.
C.
The Mayor and Council 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.
[Added 1-24-2000 by Ord. No. 700-00]
A.
The position of alternate member of the Environmental
Commission is hereby established. The Mayor shall appoint two alternate
members to the Environmental Commission. Alternate members shall be
designated at the time of appointment by the mayor as "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 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.
B.
Alternate members may participate in all matters but
may not vote except in the absence or disqualification of a regular
member of any class. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
Subject to the availability of duly appropriated
funds by the Mayor and Council, the Environmental Commission shall
have the following powers and duties:
A.
Conduct research into the use and possible use of
the open land areas of the Borough;
B.
Study and make recommendations concerning open space
preservation, protection of wetlands, water resources and watershed
property, management, air pollution control, solid waste management,
recycling, noise control, soil and landscape protection, environmental
appearance, marine resources and protection of flora and fauna;
D.
Advertise, prepare, print and distribute books, maps,
charts, plans and pamphlets which in its judgment it deems necessary
for its purposes;
E.
Keep an index of all open areas, publicly or privately
owned, including open marshlands, watershed property, 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 the Borough of Old Tappan plans and programs for inclusion in the
Borough master plan and for the development and use of such areas;
F.
Appoint such clerks and other employees or consultants
as it may from time to time require, provided that the costs of such
appointments are within the limit of funds appropriated to the Commission;
and
G.
To attend such conventions, conferences, seminars
or other courses of instruction as they deem useful or necessary for
the performance of their duties and receive reimbursement of all expenses
incurred for the same as well as for other necessary expenses related
to the Commission's purposes.
Subject to the approval of the Mayor and Council,
the Environmental Commission may acquire property, both real and personal,
in the name of the Borough by gift, purchase, grant, bequest, devise
or lease for any of its purposes and administer the same for such
purposes subject to the terms of the conveyance or gift. 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
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 wetlands and water areas in the
Borough.
The Environmental Commission shall keep complete
and accurate records of its meetings and activities and shall make
an annual report to the Mayor and Council.
A.
By December 31 of each year, the Commission shall
certify to the Mayor and Council the estimated sum necessary for the
proper conduct of its work during the subsequent calendar year.
B.
The Mayor and Council shall annually appropriate such
sum as it may deem necessary for the purposes of the Environmental
Commission.