[Adopted 5-20-1974 by Ord. No. 261 (Ch.
15 of the 1967 Code)]
Pursuant to N.J.S.A. 40:56A-1 et seq., there
is hereby established in and for the Borough of Harrington Park, County
of Bergen and State of New Jersey, an Environmental Commission to
be known as the "Harrington Park Environmental Commission."
A.
The Environmental Commission should consist of seven
members to be appointed by the Mayor of the Borough of Harrington
Park, provided that all members must be residents of the Borough of
Harrington Park. At all times one member of such Commission shall
be a member of the Planning Board of the Borough of Harrington Park,
one member shall be a Councilman of the Borough of Harrington Park
and one shall be from the Recreation Commission of Harrington Park.
Should such member's term on the Planning Board, Council or Recreation
Commission terminate, then a replacement from said body shall be designated
to fill the unexpired term on said Commission in order to ensure such
representation.
[Amended 11-21-1977 by Ord. No. 297]
B.
The Mayor shall designate from said Commission one
member to serve as Chairperson of said Environmental Commission, whose
duty it shall be to preside at all meetings.
C.
No member may receive any compensation, although expenses
may be provided for upon approval by the Mayor and Council of the
Borough of Harrington Park.
[Amended 4-18-2011 by Ord. No. 658]
The membership of the Environmental Commission shall be for three years or until the appointment and qualification of their successors. Any member may be removed for cause by the Mayor or by the Council of the Borough of Harrington Park, provided that written charges are served upon said member and a hearing held thereon, at which time such member shall be entitled to be heard in person or by counsel. Should a vacancy occur other than by expiration of term, said vacancy shall be filled for the unexpired term. Except for initial adjustments or for special aspects of the Planning Board, Recreation Commission and Council members as set forth in § 6-16, all appointments shall commence the first day of January of the year for which the appointment is made.
A.
The Environmental Commission shall have the following
powers:
(1)
To study and make recommendations concerning open
space preservation.
(2)
To study and make recommendations concerning water
resources management.
(3)
To study and make recommendations concerning air pollution
control.
(4)
To study and make recommendations concerning solid
waste management.
(5)
To study and make recommendations concerning noise
control.
(6)
To study and make recommendations concerning soil
and landscape protection.
(7)
To study and make recommendations concerning environmental
appearances.
(8)
To study and make recommendations concerning marine
resources as well as protection of flora and fauna.
(9)
To conduct research into the use or potential use
of open land areas of the municipality.
(10)
To coordinate the activities of other unofficial bodies
or organizations concerned with the use of open space.
(11)
To advertise, prepare, print and distribute books,
maps, charts and pamphlets which, in its judgment, it deems necessary
to effectuate the purposes and powers as herein set forth.
(12)
To promote in general an environmental, ecological
conservation and natural resources program for the Borough of Harrington
Park.
B.
In addition to the aforesaid, upon designation by
the Mayor and Council, said Environmental Commission may act as liaison
between other environmental commissions or governing bodies of other
municipalities along with federal agencies on a county, state or federal
level.
The Environmental Commission shall create and
maintain an index of all open areas of the Borough of Harrington Park
for the publicly or privately owned areas, in order to obtain information
on the proper present and future use of such areas, and may from time
to time recommend to the Planning Board of the Borough of Harrington
Park such programs concerning such open space for inclusion in the
Master Plan of the Borough of Harrington Park and for prospective
development and use of such areas.
When designated by the Mayor and Council of
the Borough of Harrington Park, the Environmental Commission may manage,
for environmental and conservation purposes, such lands which are
owned in whole or in part by the Borough of Harrington Park by virtue
of direct acquisition, condemnation or donation.
If authorized and approved by the Mayor and
Council of the Borough of Harrington Park, the Environmental Commission
may acquire property, both real and personal, in the name of the municipality,
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 Borough.
The Environmental Commission shall convene no
fewer than six times a year and may convene more often at the determination
of the members of said Commission. Minutes shall be kept of all meetings
and records maintained by said Commission of all of its activities.
The Commission shall report periodically, as required by the Mayor
and Council, to the Mayor and Council, but in any event the Commission
shall make an annual report to the Mayor and Council indicating its
accomplishments or activities for the preceding year and its plans
or projects for the following year. Included in said reports shall
be an accounting for any expenditures made during the period of the
report. Such report and accounting shall be presented to the Mayor
and Council by January 15 of the succeeding year.
[Amended 4-18-2011 by Ord. No. 658]
In furtherance of § 6-15 of this article, the Chairperson of the Environmental Commission shall organize said Commission within 30 days of its creation, and the Commission shall choose, by majority vote, a person designated to act in the absence of the Chairperson. The Commission is also authorized to adopt bylaws governing its procedural operation, which bylaws shall not become effective without the approval of the Mayor and Council of the Borough of Harrington Park. Similarly, should the Commission be designated by the Mayor and Council to manage certain funds as set forth, such managing shall not necessarily be exclusive but may be jointly with the Mayor and Council or with other bodies or agencies of joint use as may be determined necessary by the Mayor and Council. In conjunction with said management, the Commission may recommend rules and regulations for the use of said properties and the conduct of all persons using the same, which rules shall be subject to the approval of the Mayor and Council or any joint agencies charged with the final responsibility for management of said lands.
The Environmental Commission shall have no powers
to raise funds of its own other than the receipt of gifts of real
or personal property as hereinabove provided, with the exception that
the Mayor and Council may authorize private fund-raising activities,
if deemed necessary. The Mayor and Council may annually determine
and appropriate sufficient sums for the care, custody, policing or
maintenance of lands controlled in whole or in part by such Commission,
which funds shall be raised by taxation as part of the municipal budget.
In addition, the Mayor and Council may appropriate annually a sum
for the expenses incurred by the Environmental Commission.
The Commission may appoint or employ a Secretary
or Clerk and other personnel as may be necessary for the operation
of the Commission and for custodial, supervisory or other care of
lands within the jurisdiction of said Commission, provided that the
expenditure of such funds must be within the limits of the total appropriation
of funds made by the governing body on behalf of such Commission;
provided, further, however, that any salaries, as opposed to expenses,
shall be fixed and determined by the Mayor and Council of the Borough
of Harrington Park and shall be included in the general Salary Ordinance
of the Borough of Harrington Park.
