[Adopted by Ord. No. 89-377 (Sec. 2-49 of the 1996 Revised General Ordinance)]
The Conservation Commission heretofore established is hereby reestablished and reorganized as the Environmental Commission of the Township of Manchester pursuant to N.J.S.A. 40:56A-1 et seq.
As used in this article, the following terms shall have the meanings indicated:
COMMISSION
The Environmental Commission of the Township of Manchester.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of land for which permission may be required pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
MAYOR
The Mayor of the Township of Manchester.
The Environmental Commission shall consist of five members and two alternate members (if such alternates are appointed) to be appointed by the Mayor. One member shall be appointed to serve as a member of the Manchester Township Planning Board, and one member shall serve as Chairperson and presiding officer of the Commission. There shall also be an appointment of a vice chairperson, each position being held by a separate member. All members shall be residents of the Township and shall serve without compensation except as hereinafter provided.
A. 
The terms of office of the first Commissioners shall be for one year, two years, or three years, to be designated by the Mayor in making the appointments so that the terms of approximately 1/3 of the members will expire each year, and their successors will be appointed for terms of three years and shall serve until the appointment and qualification of their successors.
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.
A. 
Two alternate members may be appointed by the Mayor to serve during the absence or disqualification of any regular member. Such alternate members shall meet the same qualification of any regular member. In the event two alternate members are appointed, the initial terms of such members shall be one year and two years, respectively. All subsequent appointments of alternates, except to fill vacancies, shall be for a period of two years and until the appointment and qualification of their successors, beginning the first day of January of the first year of the term. At the time of their appointment such alternate members shall be designated by the Mayor "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made to which alternate member is to vote, Alternate No. 1 shall vote.
[Amended 6-14-2010 by Ord. No. 10-012]
B. 
A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.
A. 
The Commission is established for the protection, development and/or use of natural resources, including water resources, located within the territorial limits of the Township. In order to carry out these purposes, the Commission shall have the following powers:
(1) 
Promoting the conservation and development of the natural resources of the Township.
(2) 
Planning, implementing and informing the public about local conservation programs.
(3) 
Conducting research into the possible use of the open areas of the Township.
(4) 
Recommending to the Planning Board plans and programs for inclusion in a municipal master plan and the development and use of such open areas.
(5) 
Advertising, preparing, printing and distributing books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes.
(6) 
Managing donated or purchased lands for conservation purposes and overseeing conservation programs.
(7) 
Acting as the coordinating agency for the community on conservation matters and as a liaison between local conservation needs and regional, county, state and federal agencies administering to those needs.
(8) 
The Commission shall have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, gypsy moth and mosquito control, environmental appearance, marine resources and protection of flora and fauna.
B. 
The Environmental Commission shall keep an index of all open areas publicly or privately owned, including open marsh lands, swamps and other wetlands, in order to obtain information on the proper use of such areas.
The Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the Township of Manchester by gift, purchase, grant, bequest, devise or lease for any of its purposes, including but not limited to use as living museums, sites for scientific study, areas for teaching of natural history and conservation, place of historic or prehistoric interest and scientific beauty and habitat for rare and endangered plants and animals, 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 revisions) as may be necessary to acquire, maintain, improve, protect or limit the future use or otherwise conserve and properly utilize open spaces and other lands and water areas within the Township.
The Commission shall, subject to the approval of the Township Council, have exclusive control of lands acquired for the purpose hereinabove stated and may adopt suitable rules and regulations for the use thereof and conduct of all persons while on or using the same.
The Commission shall keep minutes of its meetings and activities and shall make an annual report on or before the first day of December of each year to the governing body, which report shall be comprehensive and detailed governing operations, receipts, disbursements and expenditures for the full year.
A. 
The Mayor may remove any member of the Commission for cause, or written charges served upon the member and after a hearing before the governing body and with their approval, thereon at which the members shall be entitled to be heard in person or by counsel.
B. 
Notwithstanding any other provisions of law to the contrary, the powers of appointment and removal hereby accorded to the Mayor shall be vested in the elected official so designated or, where there is a vacancy in the Office of Mayor, in the duly designated acting Mayor.
The Commission is hereby authorized to adopt bylaws in order to govern its procedural operations.
The governing body shall annually fix, determine and appropriate a sum sufficient for the care, custody, policing and maintenance of such lands acquired for the uses and purposes herein stated and for the expenses incurred by the Commission which shall be raised by taxation in the same manner as other taxes.
The Commission may appoint a secretary, the salary shall be fixed and determined by the governing body, and shall be within the limits of funds appropriated to the Commission.
[Amended by Ord. No. 92-89-377]
A. 
After the Commission has prepared and submitted to the Planning Board an index of the natural resources of the Township, the Planning Board shall make available to the Commission an informational copy of every application for development submitted to the Board.
B. 
Within the Pinelands Area, all applications for development shall be referred to the Environmental Commission for review as of the effective date of this section. The Environmental Commission is hereby authorized to review and comment upon the applications to the Planning Board and/or other Township approval agency in accordance with Chapter 245, Land Use and Development.