[Adopted 6-22-1987 (Ch. 11 of the 1974 Code)]
[Amended 2-13-2013 by Ord. No. 2-2013]
The Borough of Westville Environmental Commission is hereby
established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A.
40:56A-1 to 40:56A-5), as amended.
A.
The Commission shall consist of seven members appointed by the Mayor,
one of whom shall be a member of the Planning/Zoning Board, and all
of whom shall be residents of the Borough of Westville. 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 office of the first Commissioners
shall be for one, two or three years, as 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 2-13-2013 by Ord. No. 2-2013]
B.
The Mayor 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.
[Amended 2-13-2013 by Ord. No. 2-2013]
C.
Alternate members.
[Added 11-7-2007 by Ord. No. 10-07]
(1)
The Mayor shall nominate with the advice and consent of the Council
two alternate members to the Commission. Alternate members shall be
designated at the time of the appointment as "Alternate No. 1" and
"Alternate No. 2." The terms of alternate members shall be two years,
except 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
term shall be filled for the unexpired term only.
(2)
An alternate member shall not be permitted to act on any matter in
which he has either directly or indirectly any personal or financial
interest.
(3)
An alternate member may participate in discussions of any Commission
proceedings but may vote only in the absence of a regular member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote first.
(4)
When any proceeding before the Commission shall carry over two or
more meetings, a member of the Commission who was absent for one or
more meeting shall be eligible to vote on the matter upon which the
proceeding was conducted, not withstanding his/her absence from one
or more meetings; provided, however, that such Commission member has
available a transcript or recording of the meeting(s) from which he/she
was absent and certifies in writing to the Commission that he/she
has read such transcript or listened to such recording.
A.
The Commission is authorized to adopt bylaws governing its procedural
operation. It shall have the power and authority to employ experts
and a staff and to pay for their services and for such other expenses
as may be necessary and proper, not exceeding in all, exclusive of
gifts and grants, the amount of funds appropriated by the Borough
Council for the use of the Commission.
B.
The Commission is established for the protection, development and
use of natural resources, including water resources, located within
the territorial limits of the Borough of Westville and to preview
any construction within the Borough of Westville as it affects the
environment. The Commission shall have the power to conduct research
into the use and possible use of the open land areas of the Borough;
may coordinate 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 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 and may from time to time recommend to the Borough Planning/Zoning
Board plans and programs for inclusion into the Master Plan and the
development and use of such areas.
The Environmental Commission may, subject to the prior approval
of the Borough Council, acquire property, both real and personal,
in the name of the Borough Council 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 of 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 Commission, upon the request of the Borough Planning/Zoning
Board, shall review any environmental impact statements which have
been submitted to the Planning/Zoning Board and shall file a written
report to the Planning/Zoning Board of its findings and recommendations
within the period required.
The Environmental Commission shall keep records of its meetings
and activities and shall make periodic reports to the Borough Council
as requested by the Council.
