[HISTORY: Adopted by the Borough Council
of the Borough of Mountain Lakes 6-23-1980 as Secs. 2-14, 2-15, Paragraph
1, 2-16, 2-17, 2-18 and 2-19 of the 1980 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Administration of government — See Ch.
5.
There shall be a Planning Board which shall be appointed pursuant to and have such powers and duties as are set forth in Chapter
40, Article
II of this Code.
[Amended by Ord. No. 15-82]
There shall be a Zoning Board of Adjustment which shall be appointed pursuant to and have such powers and duties as are set forth in Chapter
40, Article
III of this Code.
A. Establishment; members; terms.
(1) There shall be a Health Commission, responsible to
the Council, consisting of five members who shall be appointed by
the Council for three-year terms.
(2) At least one member shall be a member of the medical
or dental profession. Vacancies shall be filled by the Council for
the unexpired term only. All appointments, except to fill vacancies,
shall be made to take effect January 1 of each year for the full term
of three years.
(3) The Borough Council may appoint up to two alternates to the Health
Commission to serve for three-year terms. An alternate may act in
the absence of a regular member of the Health Commission.
[Added 5-14-2012 by Ord. No. 05-12]
B. Organization. The Council shall designate a Chairman
and a Vice Chairman. The Vice Chairman shall serve as acting Chairman
in the absence or disability of the Chairman. The Commission shall
meet at the call of the Chair, Manager or Council and shall meet at
least once each quarter of the calendar year or when an emergency
meeting is called.
[Amended 9-14-2009 by Ord. No. 12-09]
C. Powers and duties. The Commission shall have the following
duties:
(1) To make recommendations to the Manager concerning
or relating to the operation and administration of the health function.
(2) To make recommendations to the Council concerning
or touching upon matters of policy or ordinances affecting the health
function.
(3) To render advisory opinions, if requested, to the
Council on appeal from an administrative ruling concerning health
matters. In cases where an appeal is made to the Council, the Council
shall set a date for the hearing of the Health Commission within 14
days after receiving the written request and shall render its decision
within 10 days after completion of the hearing.
A. Establishment. There shall be an Environmental Commission
for the protection, development or use of natural resources, including
water resources, located within the territorial limits of the Borough.
B. Appointments; terms; vacancies.
(1) The Commission shall consist of seven members, appointed
by the Mayor, one of whom shall also be a member of the Borough Planning
Board and all of whom shall be residents of the Borough. The Mayor
shall designate a Chairman and a Vice Chairman. The Vice Chairman
shall serve as Acting Chairman in the absence or disability of the
Chairman. The terms of office of the Commissioners shall be for three
years. The terms of approximately 1/3 of the members shall expire
each year. Members shall serve until their successors are appointed
and shall qualify.
(2) 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.
(3) 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. All appointments, except
to fill vacancies, shall be made to take effect January 1 of each
year for the full term of three years.
C. Alternate members.
[Added by Ord. No. 11-95]
(1) In addition to the members provided for in Subsection
B above, there shall be two alternate members appointed by the Mayor and designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."
(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 the term shall be filled by the Mayor for the unexpired term only.
(3) 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 requests one, be removed by the Mayor for cause.
(4) 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.
D. Powers and duties.
(1) The Commission shall have the power to conduct research
into the use of the open land areas of the Borough 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 purpose. 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 Planning Board plans and
programs for inclusion in Borough Master Plans and the development
and use of such areas.
(2) The Commission may, subject to and contingent upon
the approval of the Mayor, 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
right or easement, including a 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.
(3) The Commission shall have the power to study and make
recommendations concerning open space preservation, water resources
management, air pollution control, soil and landscape protection,
environmental appearance, marine resources and protection and control
of flora and fauna.
[Amended 11-24-2003 by Ord. No. 14-03]
A. Establishment. There shall be a Recreation Commission
consisting of nine members, who shall be appointed by the Council.
[Amended by Ord. No. 8-86]
B. Members; terms; vacancies. Each member shall serve
for three years. Vacancies shall be filled by the Council for the
unexpired term only. All appointments, except to fill vacancies, shall
be made to take effect January 1 of each year.
[Amended by Ord. No. 8-86]
C. Organization. The Council shall designate a Chairman
and a Vice Chairman. The Vice Chairman shall serve as Acting Chairman
in the absence or event of disability of the Chairman.
D. Powers and duties. The Commission shall have the following
duties:
(1) To make recommendations to the Manager concerning
or relating to the operation and administration of the recreation
function.
(2) To advise and make recommendations to the Council
concerning the recreation program and policies and the use of recreation
areas in the Borough.
[Amended 11-27-2000 by Ord. No. 14-2000; 10-27-2003 by Ord. No. 10-03; 6-13-2005 by Ord. No. 06-05]
A. Establishment. There shall be a Shade Tree Commission
for the regulation, preservation, planting, control and care of trees
and shrubs upon the Borough streets, rights-of-ways, highways, public
places and parks within the Borough of Mountain Lakes. For the purposes
hereof, a tree or shrub shall be deemed to be located upon a Borough
street, right-of-way, highway, public place or park if the center
of the trunk of a tree or of a shrub is located upon a Borough street,
right-of-way, highway, public place or park. The Shade Tree Commission
shall be responsible for the following public places and parks: areas
along a Borough street, right-of-way, or highway; Lyman Wilson Memorial
Park; Linear Park; Birchwood Beach area; Island Beach area; Midvale
boat launching area; parking areas for Haswell and Taft Fields; Memorial
Park; Briarcliff Park; Frank B. Kaufman Memorial Park; Wildwood Park;
and The Esplanade.
B. Membership, terms and vacancies. The Commission shall
consist of seven members, each appointed by the Council for a term
of five years as required by N.J.S.A. 40:64-1. Vacancies shall be
filled by the Council for the unexpired term only. All appointments,
except to fill vacancies, shall be made to take effect on January
1 of each year.
C. Alternate members. In addition to regular members,
there may be two alternate members appointed to the Shade Tree Commission
by the Borough Council and designated at the time of appointment as
Alternate No. 1 and Alternate No. 2 and who shall serve in order during
the absence or disqualification of any regular member. The terms of
the alternate members shall be for five years. Vacancies shall be
filled for the unexpired term only. All appointments, except to fill
vacancies, shall be made to take effect on January 1 of each year.
Alternate members may participate in discussions of the proceedings
but shall 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.
D. Organization. The Shade Tree Commission shall organize
within 30 days after January 1 of each year by the election of one
of its members as the Shade Tree Commission Chairperson and the appointment
of a secretary, who need not be a member.
E. Powers and duties. The Shade Tree Commission shall,
subject to and contingent upon the approval of the Borough Council
by resolution, have the power to:
(1) Regulate the planting and care of trees and shrubs
now located or which may hereafter be planted upon any Borough street,
right-of-way, highway public place or park. This power includes the
planting, trimming, spraying, care, protection and removal of trees
and shrubs under the control of the Shade Tree Commission.
(2) Regulate and control the use of the ground surrounding
the Borough's trees and shrubs, so far as may be necessary for their
proper growth, care and protection.
(3) Move or require the removal of any tree or part thereof
dangerous to public safety.
(4) Care for and control trees and shrubs within Borough
streets, rights-of-ways, highways, public places and parks.
(6) Administer treatment to, or remove, any tree situate
upon private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees in the care of the
Borough and enter upon private property for that purpose, with the
consent of the owner thereof, provided the suspected condition is
first confirmed by certificate issued by or on behalf of the Department
of Agriculture.
(7) Report, with the assistance of the Borough Manager,
from time to time as may be necessary and at least once a year to
the Borough Council regarding the activities and expenses of the Shade
Tree Commission.
(8) Maintain and annually review a reliable street tree
inventory and data base.
(9) Administer Article
VII of Chapter
102, as applicable.
F. Expenses and staff. The Shade Tree Commissioners shall
serve without compensation. The Borough Council may annually appropriate
funds as may be necessary to fund the expenses incurred in the performance
of the duties of the Shade Tree Commission as provided herein. Subject
to the appropriation of funds and approval of the Council by resolution,
the Shade Tree Commission may recommend the engagement by the Council
of an advisor or advisors to the Shade Tree Commission.
G. No liability for death or injury. Nothing in this
section shall be construed to make the Shade Tree Commission, the
Council, or any member thereof or any volunteer participating in the
performance of the powers of the Shade Tree Commission responsible
for the death or injury of any person, or for an injury to any property
tree or shrub. Liability for any such death or injury shall be governed
by the provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1
et seq.
[Added 4-9-2018 by Ord.
No. 2-18]
A. Purpose
and intent. The intent of this section is to encourage and authorize
Borough committees and commissions to provide for student auxiliary
membership if they determine that doing so is consistent with their
mission and responsibilities.
B. Establishment
of student auxiliary membership.
(1) Committees or commissions established under this chapter or otherwise
established within the Borough Code or established by resolution as
advisory committees may recommend to the Township Council that they
provide for nonvoting student auxiliary membership on the committee
or commission.
(2) Student auxiliary membership shall be limited to two positions on
any committee or commission where such position has been established.
(3) The committee or commission shall establish such guidelines regarding
the participation of student auxiliary members as they deem appropriate
and consistent with the mission of their committee or commission.
C. Appointment
of student auxiliary members.
(1) A committee or commission which establishes a student auxiliary membership
shall notify the Borough Clerk that it has established such membership
and provide the Clerk with the guidelines concerning the membership.
(2) The Borough Clerk will publish the availability of student auxiliary
positions and will coordinate with the high school to publicize these
opportunities.
(3) The Borough Clerk will provide the committee or commission with any
applications received, and the committee or commission will recommend
any individual to the Borough Council for appointment.
(4) The Borough Council will appoint student auxiliary members for such
terms as are established under the guidelines of the committee or
commission on which they serve.
D. Acknowledgement
of participation. The committee or commission will provide the Borough
Council with notification of the student auxiliary member's completion
of the program, and the Borough Clerk shall provide the member's
school with a participation letter.