[HISTORY: Adopted by the City Council of the City of Paterson 10-12-2010 by Ord. No. 10-049. Amendments noted where applicable.]
The City of Paterson hereby establishes an Environmental Commission pursuant to N.J.S.A. 40:56A-1 et seq., as amended.
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 City of Paterson. The members shall serve without compensation. The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission. The terms of the office of the first commissioners shall be for one, two or three years, to be 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. The first members of the Commission shall be appointed for the following terms:
A member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. The Mayor or Municipal Council may remove any member of the Commission for cause, on written charges served upon the member, and after a hearing before the Municipal Council if the member requests one within five days of the service of written charges, at which time the member shall be entitled to be heard in person or by counsel. A member may be removed only by the affirmative vote of a majority of the full authorized membership of the Council. 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.
The governing body may by resolution appoint not more than 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 shall be through December 31, 2011, for Alternate No. 1 and through December 31, 2012, for Alternate No. 2. A vacancy among the alternate members occurring otherwise than by expiration of a term shall be filled by resolution of the Municipal Council for the unexpired term only.
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. An alternate member may, after public hearing if he or she requests one, be removed by the Municipal Council for cause.
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.
The Commission is established for the protection, development or use of natural resources, including air and water resources, located within the territorial limits of the City of Paterson. The 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, paint, 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 marshland, 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 Planning Board, subject to the approval of the Municipal Council by resolution, plans and programs for inclusion in the Master Plan and the development and use of such areas.
The said powers shall not include the power to make recommendations or otherwise address site remediation, which is already addressed by the Paterson Environmental Revitalization Committee, nor shall it include the power to make recommendations or otherwise address the Sustainable Jersey Certification, which is already addressed by the Green Team. The Environmental Commission shall have only the powers expressly set forth in this chapter, and no additional powers shall be construed to arise by implication.
Within the overall powers of the Environmental Commission, the Commission shall establish its priorities with due consideration of the City's needs for:
The Environmental Commission shall keep minutes of its meetings and activities and make an annual report. Copies of the said minutes and annual report shall be provided to the Mayor, Municipal Council and Planning Board, as well as to the Paterson Environmental Revitalization Committee and the Green Team.
The Environmental Commission shall have no power to receive or expend funds unless approved by the Municipal Council. Any grant funding applications must be approved by resolution of the Municipal Council, and the use of any such funding must be specifically approved by the Municipal Council and expended only by the Finance Department.
The Environmental Commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.