[Adopted 1-28-1998 by Ord. No. 3-98]
The Borough of Atlantic Highlands Environmental
Commission is hereby established pursuant to N.J.S.A. 40:56A-1 to
40:56A-7, as amended.
A.
The Commission shall consist of seven 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 Borough of Atlantic Highlands;
the members shall serve without compensation except as hereinafter
provided. The Mayor shall designate one of the members to serve as
Chairman and presiding officer. The terms of the office shall be for
three-year periods.[1]
B.
The governing body may remove any member or alternate
member of the Commission during their term 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 other than at the expiration of a term shall
be filled for the unexpired term in the same manner as an original
appointment.[2]
C.
Alternate members.
(1)
The governing body may appoint two alternate members,
to be designated "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 first appointed as Alternate No. 1 shall
expire December 31, 1999, and as Alternate No. 2. shall expire December
31, 1998. A vacancy occurring otherwise than by expiration of term
shall be filled by the appointing authority for the unexpired term
only.
(2)
An alternate member may participate in discussions
of any matter or proceedings before the Commission, 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.
(3)
No member or alternate member shall be permitted to
act on any matter in which he has any personal or financial disqualifying
interest.
The Commission is established to provide assistance
and information for the protection, development or use of natural
resources, including water resources, located within or abutting and
affecting Atlantic Highlands, and shall generally have the powers
provided by N.J.S.A. 40:56A-2, as may be amended. The Commission shall
have power to conduct research into the use and possible use of the
open land areas of the Borough and may coordinate with 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 a index of all open areas, publicly or privately owned, including
open marshlands, swamps and other wetlands, in order to obtain information
and make recommendations 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 Plans and the development and use of such
areas. The Commission shall have 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, environmental appearance, marine resources and
protection of flora and fauna, and other environmentally related concerns.
The Environmental Commission may, subject to
the approval and appropriate action of the governing body, 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 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, rights, 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 within or adjacent to the Borough.
The Environmental Commission shall keep records
of its meetings and activities and make an annual report to the Mayor
and Borough Council.
The Commission may appoint such clerks and other
personnel and incur such expenses as it may from time to time require,
providing the same shall be within the limits of funds appropriated
to it by the governing body or otherwise available to it. The Commission
shall not engage attorneys, engineers or other professionals or consultants
without the approval of the Mayor and Borough Council.
