The Environmental Commission, as heretofore created pursuant
to the provisions of N.J.S.A. 40:56A-1 et seq. for the protection,
development or use of natural resources located within the City, is
hereby continued.
[Amended 3-6-1979 by Ord. No. 79-02; 2-19-1991 by Ord. No. 91-05]
A. The
Mayor shall appoint the members of the Environmental Commission, which
shall consist of seven persons who shall be residents of the City,
one of whom shall also be a member of the Planning Board.
B. All
appointments shall be for a term of three years and until the appointment
and qualification of their successors.
C. 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
the original appointment.
D. In
addition to the regular members, the Mayor shall appoint two alternate
members who shall be designated at the time of appointment as "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 shall be two years for Alternate No. 1 and one year for
Alternate No. 2 so that the term of not more than one alternate member
shall expire in any one year. A vacancy occurring otherwise than by
expiration of a term shall be filled by the Mayor for the unexpired
term only. 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. No
member or alternate member shall be permitted to act on any matter
in which he or she has either directly or indirectly any personal
or financial interest.
F. The
members and alternate members shall receive no compensation for their
services.
The Environmental commission shall have the following powers:
A. To
conduct research into the use and possible use of the open land areas
of the City and to promote the conservation and development of the
natural resources of the City and to plan, implement and inform the
public about conservation programs for the City;
B. To
coordinate the activities of unofficial bodies organized for similar
purposes;
C. To
advertise, prepare, print and distribute books, maps, charts, plans
and pamphlets which in its judgment it deems necessary for its purpose;
D. To
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;
E. To
recommend from time to time to the Planning Board and to the Mayor
and Council plans and programs for inclusion in a City Master Plan
or in a plan for development and use of such areas;
F. To
manage donated or purchased lands for conservation purposes and operate
conservation programs;
G. To
act as the coordinating agency of the community on conservation matters
and both as a local and regional liaison between local conservation
needs and regional, state and federal agencies ministering to those
needs;
H. To
cause a survey to be made, as often as may be necessary, of the shade
trees and shrubbery in the streets, parks and other public places
of the City and to recommend to the Mayor and Council such work as
shall be necessary or desirable for the care and protection of existing
shade trees and shrubbery, and the planting of new trees and shrubbery.
The Environmental Commission, with the approval of the Council,
may from time to time acquire property, both real and personal, in
the name of the City by gift, purchase, grant, bequest, devise or
lease for any of its purposes including, but not limited to, using
as living museums, sites for scientific study, areas for teaching
of natural history and conservation, places of historic or prehistoric
interest and scenic 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 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 City.
The Council may, in its discretion, by ordinance, confer exclusive
control of the lands acquired for the purposes herein stated to the
Environmental Commission; and the Environmental Commission may, subject
to the approval of the Council, adopt suitable rules and regulations
for the use thereof and the conduct of all persons while on or using
the same.
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report on or before the first
day of January and submit the same to the Council, which report shall
be comprehensive and detailed covering operations, receipts, disbursements
and expenditures for the full year.
The Mayor shall designate one of the members to serve as Chairman
and presiding officer of said Commission. The Commission is authorized
to adopt bylaws governing its procedural operation.
The Mayor or the 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.
The Council may make appropriations to be applied to the care,
custody, policing and maintenance of such lands acquired for the uses
and purposes herein stated and for the expenses of said Commission.
The Environmental Commission may appoint a secretary or clerk
and such number of custodians, supervisors and assistants for lands
acquired for the uses and purposes herein mentioned as they shall
think necessary, but the salaries of all such clerks, custodians,
supervisors and assistants shall be fixed and determined by the Council,
and in addition thereto, the total salaries of all such persons shall
be within the limits of funds appropriated to said Commission.