The Environmental Commission is established for the protection,
development or use of natural resources, including water resources,
located within Allamuchy Township.
[Amended 11-29-2023 by Ord. No. 2023-17]
A. The Commission shall consist of five members, appointed by the Mayor
of the municipality, one of whom shall also be a member of the Municipal
Land Use Board and all of whom shall be residents of the municipality,
and two alternate members, appointed by the Mayor of the municipality,
both of whom shall be residents of the municipality; the members shall
serve without compensation. The alternate members shall be designated
by the Mayor at the time of their appointment as "Alternate No. 1"
and "Alternate No. 2." The Mayor of the municipality shall designate
one of the regular members to serve as Chair and presiding officer
of the Commission.
B. Alternate members 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.
[Amended 11-29-2023 by Ord. No. 2023-17]
A. In appointing the first five Commissioners, the Mayor shall designate
two Commissioners to have a term of three years, two Commissioners
to have a term of two years and one Commissioner to have a term of
one year. Thereafter, all Commissioners shall have terms of three
years. The Mayor or governing body of the municipality 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. Notwithstanding any other provisions of law to the contrary,
the powers of appointment and removal hereby accorded to the Mayor
of a municipality shall be vested in the elected official so designated
or, where there is a vacancy in the office of the Mayor, in the duly
designated acting member.
B. 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 term
shall be filled by the appointing authority for the unexpired term
only.
The Environmental Commission shall have power to conduct research
into the use and possible use of the open land areas of the municipality
and 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 Land Use
Board plans and programs for inclusion in a municipal master plan
and the development and use of such areas.
An Environmental Commission may, subject to the approval of
the governing body, 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 municipality.
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report to the governing body
of the municipality.
The governing body of a municipality may appropriate funds for
the expenses incurred by the Environmental Commission. The Commission
may appoint such clerks and other employees as it may from time to
time require and as shall be within the limits of funds appropriated
to it.
The Environmental 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.
[Added 4-5-1990 by Ord. No. 8-90; amended 7-18-2006 by Ord. No. 2006-14]
When the Land Use Board of the Township of Allamuchy shall require
the report of any professional environmental consultant employed by
the Environmental Commission only in connection with applications
for development then before the Land Use Board, the professional fee
of such professional environmental consultant incurred in rendering
a report to the Land Use Board as requested by such Board on an application
for development shall be paid from the escrow established by the applicant
with the Township of Allamuchy pursuant to the provisions of the Code
of the Township of Allamuchy and the laws of the State of New Jersey.
Nothing contained herein shall require any applicant before the Land
Use Board to pay the cost of any such environmental consultant for
services generally required to be performed by the environmental consultant
for the Environmental Commission, such costs being solely the responsibility
of the Environmental Commission within the budget limits established
for such Commission by the Mayor and Council.