[Adopted 12-14-1978 by Ord. No. 29-78 (Ch.
12 of the 1981 Code)]
[Amended 3-5-2009 by Ord. No. 2009-10]
The Township of Marlboro Environmental Commission
is hereby established pursuant to N.J.S.A. 40:56A-1 et seq.
[Amended 3-5-2009 by Ord. No. 2009-10]
A.
The Commission
shall consist of seven members and two alternate members, appointed
by the Mayor, one of whom shall also be a member of the Planning Board,
and all of whom shall be residents of the Township of Marlboro. The
members shall serve without compensation, except as hereinafter provided.
Alternate members shall be designated at the time of appointment as
"Alternate No. 1" and "Alternate No. 2."
B.
The Mayor
shall designate one of the members to serve as Chairman and presiding
officer of the Commission.
C.
Terms of
office.
(1)
The
terms of office of the first commissioners shall be for one, two or
three years, to be designated by the Mayor in making his appointments,
and their successors shall be appointed for terms of three years and
until the appointment and qualification of their successors.
[Amended 12-10-2009 by Ord. No. 2009-35]
(2)
The
alternate Commissioners first appointed shall be appointed as follows:
Alternate No. 1 for a term of two years and Alternate No. 2 for a
term of one year. Thereafter, all appointments for alternate members
shall be made for a term of two years, so that the term of not more
than one alternate member shall expire in any one year.
D.
The Mayor
or Township 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. 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.
E.
No member
or alternate member shall be permitted to act on any manner in which
he or she has either directly or indirectly any personal financial
interest.
F.
An alternate
member may participate in discussions of the proceedings of the Commission,
but may not vote, except in the absence, recusal or disqualification
of a regular member. In the event that a choice must be made as to
which alternate member is allowed to vote, Alternate No. 1 shall vote
first. No vote shall be delayed in order that a regular member may
vote instead of an alternate member.
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 Marlboro.
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 maps, books, 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 of 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.
The Commission shall act in an advisory capacity concerning all such
acts and things as are reasonably related to and designed to carry
out the purpose and objectives of the Commission.
The Environmental Commission may, subject to
the approval of the Township Council, 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 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
Council.
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
Council.
