[HISTORY: Adopted by the Township Committee of the Township of Harmony 10-1-1991
as Ord. No. 0:91-7. Amendments noted where applicable.]
The Township of Harmony Environmental Commission is hereby established.
[Amended 12-3-1991 by Ord. No. 0:91-11]
The Commission shall consist of seven (7) members appointed by the Mayor,
one (1) of whom shall also be a member of the Planning Board and all of whom
shall be residents of the Township of Harmony. The members shall serve without
compensation, except as hereinafter provided. The Mayor shall designate one
(1) of the members to serve as Chairman and presiding officer of the Commission.
[Added 2-7-1995 by Ord. No. 0:95-1]
A.
There shall be two (2) alternate members to be appointed
by the Mayor. The alternate members shall be designated as "Alternate No.
1" and "Alternate No. 2."
B.
The terms of the alternate members shall be for two (2)
years except that terms of the alternate members first appointed shall be
two (2) years for Alternate No. 1 and one (1) year for Alternate No. 2 so
that not more than one (1) alternate member shall expire in any one (1) year.
A vacancy occurring otherwise than by expiration of term shall be filled by
the Mayor for the unexpired term only.
C.
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 a public hearing if he requests one,
be removed by the Township Committee for cause.
D.
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.
E.
All terms shall run from January 1 of the year in which
the appointment was made.
[Added 9-19-1995 by Ord. No. 0:95-10]
A.
There shall be two (2) associate members to be appointed
by the Mayor who shall not be required to be township residents to serve in
that capacity.
B.
The term of the associate members shall be for two (2)
years. A vacancy occurring otherwise than by expiration of term shall be filled
by the Mayor for the unexpired term only. All terms shall run from January
1 of the year in which the appointment was made.
C.
An associate member shall not be entitled to vote on
any matter in which the Commission is empowered to act. The duties of an associate
member shall be advisory only and as otherwise designated by the Chairman
of the Commission. If so designated, an associate member shall be authorized
to act as official spokesperson for the Commission. An associate member, if
so designated, may conduct studies and prepare recommendations to the Commission
regarding applications for development and the environmental consequences
in connection therewith.
[Amended 12-3-1991 by Ord. No. 0:91-11]
Terms of office of the first Commissioners shall be for one (1), two
(2) or three (3) years, to be designated by the Mayor in making his appointments,
and their successors shall be appointed for terms of three (3) years and until
the appointment and qualification of their successors. The first members of
the Commission shall be appointed for the following terms:
The Mayor or Township Committee 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.
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.
A.
The Commission is established for the protection, development
or use of natural resources, including water resources, located within the
territorial limits of the Township of Harmony. The Commission shall have power
to conduct research into the use and possible use of the open land areas of
the township and 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. It 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 plans and programs for inclusion in the Master Plan
and the development and use of such areas.
B.
The Commission shall also be empowered to 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.
C.
The Commission may exercise review powers over applications
and developments and may conduct hearings and studies to access the environmental
consequences of proposed developments.
The Environmental Commission may, subject to the approval of the Township
Committee, acquire property, both real and personal, in the name of the township,
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. Such an 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 in the township.
The Environmental Commission shall keep records of its meetings and
activities and make an annual report to the Township Committee.
The Commission may appoint such clerks and other employees as it may
from time to time require, provided that the same shall be within the limits
of funds appropriated to it by the Township Committee.
