[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 5-28-1974 by Ord. No. 628 (Ch. 28 of the 1966 Code); amended
in its entirety 3-19-2019 by Ord. No. 1586-19. Subsequent amendments
noted where applicable.]
There is hereby created an Environmental Commission for the
protection, development or use of the natural resources located within
the territorial limits of Emerson, pursuant to the provisions of Chapter
245 of the Laws of New Jersey, 1968[1] Said Commission shall be known as the "Environmental Commission
of the Borough of Emerson."
[1]
Editor's Note: See N.J.S.A. 40:56A-1 et seq.
A.
The Mayor shall appoint seven citizens and residents of the Borough
of Emerson to the Environmental Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The terms of office of the first Commissioners shall be for one,
two, or three years, to be designated by the Mayor in making these
appointments, so the terms of approximately 1/3 of the members will
expire each year, and their successors shall be appointed for terms
of three years and until the appointment and qualification of their
successors.
D.
A vacancy on the Commission occurring otherwise than by expiration
of the terms shall be filled for the unexpired term in the same manner
as the original appointment. Notwithstanding any other provisions
of the laws to the contrary, the powers of appointment and removal
hereby according to the Mayor of the municipalities 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 Mayor.
E.
The Mayor may also appoint two alternate members for a period of
two years, except that the terms of the alternate members first appointed
shall be for two years for Alternate One, and one year for Alternate
Two, so that the term of not more than one alternate member shall
expire in any one year. 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 is to vote, Alternate
One shall vote first.
The Commission shall have the following powers:
A.
Promoting the protection and preservation of the natural resources
of the Borough of Emerson, including, but not limited to air, water,
soil, wildlife, trees and shrubbery.
B.
Planning, implementing and informing the public about local environmental
programs.
C.
Compiling and keeping an index of all open areas, publicly or privately
owned, including open marshlands, swamps and other wetlands.
D.
The power to conduct research into the possible use of the open areas
of the Borough of Emerson.
E.
Recommending to the Land Use Board plans and programs for inclusion
in a Municipal Master Plan and the development and use of such areas.
F.
Advertising, preparing, printing and distributing books, charts,
maps, plans and pamphlets, and utilizing various forms of electronic
communication which, in its judgment, it deems necessary for its purposes.
G.
Managing donated or purchased lands for educational and conservation
purposes, and operating conservation programs.
H.
Acting as the coordinating agency of the community on environmental
matters and as a liaison between local environmental needs and regional,
state and federal agencies ministering to those needs.
I.
Recognizing contributions to the conservation, beautification and
environmental protection of the Borough of Emerson, by means of regular
awards in a form suitable for display at the improvement and by presenting
proclamations honoring worthy individuals.
J.
Educating the public about the Borough's recycling program, and other
local recycling resources, and assisting the recycling coordinator
on the improvement of existing programs.
K.
Working in conjunction with administrators and educators in the Borough's
public schools, to help promote environmental education and to assist
with the planning and implementation of environmental projects and
programs.
M.
Assisting the Mayor and Council in the preparation of Borough ordinances
that have environmental significance, and preparing and submitting
resolutions of environmental significance to the governing body for
introduction and approval.
N.
Pursuant to the requirements of the Municipal Land Use Law stating
that when an Environmental Commission has prepared and submitted an
index of natural resources to the Borough's Land Use Board, the Board
"shall make available to the Environmental Commission an informational
copy of every application for development," the opportunity to review
each application and offer recommendations. Those recommendations
shall be conveyed through the delegation of one of the Commission's
members to testify orally at the hearing on the application and to
explain any written report that may have been prepared and/or submitted
to the Board by the Commission. Any such report shall be submitted
to the Board Secretary at least 14 days before the scheduled public
hearing on each application.
O.
Researching and applying for grants and other forms of financial
assistance as the Commission deems necessary to help fund its programs
and projects.
P.
Such other duties as the Mayor and Council shall from time to time,
by resolution, entrust to the Commission in furtherance of the aforementioned
goals and objectives.
Said Commission, with the approval of the Council of the Borough
of Emerson, may, from time to time, acquire property, both real and
personal, in the name of the Borough of Emerson, by gift, purchase,
grant, bequest, devise or lease for any of its purposes, including
but not limited to use as living museums, sites for scientific study,
areas for the 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
Borough of Emerson.
The Environmental Commission shall, subject to the continuing
approval of the Council, have exclusive control of lands acquired
for the purposes herein stated and may adopt suitable rules and regulations
for the use thereof and the conduct of all persons while on or using
the same.
Said 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 of the Borough of Emerson, 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 Chair
and presiding officer of said Commission. Said Commission is authorized
to adopt bylaws governing its procedural operation.
The Mayor or Council of the Borough of Emerson 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 of the Borough of Emerson shall annually fix, determine
and appropriate a sum sufficient for the care, custody, policing and
maintenance of such lands acquired for the uses and purposes herein
stated and for the expenses of said Commission, which shall be raised
by taxation in the same manner as other taxes.
Said Commission may appoint a secretary or clerk and such number
of custodians, supervisors and assistants for the lands acquired for
the uses and purposes herein mentioned as they shall deem necessary,
and such other professionals to advise it on matters that come before
it from time to time as it may require, but the salaries of all such
clerks, custodians, supervisors, assistants and other professionals
shall be fixed and determined by the Council of the Borough of Emerson
and, in addition thereto, the total salaries shall be within the limits
of funds appropriated to said Commission.
Nothing in the chapter contained shall be construed to make
the Commission or any member thereof responsible for the death or
injury of any person or for any injury to any property or highway
tree or shrub.
