[MC 2001-42, December 3, 2001]
The Plainfield Environmental Commission is established for the
protection, development or use of natural resources, including water
resources, located within the territorial limits of the City of Plainfield.
[MC 2001-42, December 3, 2001]
Pursuant to the provisions of N.J.S.A. 40:56A-1 et seq., as
amended or supplemented, there is hereby established a Plainfield
Environmental Commission (the "Commission").
[MC 2001-42, December 3, 2001]
The Plainfield Environmental Commission shall consist of not
less than five (5) nor more than seven (7) members who shall be 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 municipality. The members
shall serve without compensation except as hereinafter provided.
[MC 2001-42, December 3, 2001]
The Mayor shall designate one (1) of the members to serve as
Chairperson and presiding officer of the Commission. The terms of
office for the first Commissioners shall be for one (1), two (2) or
three (3) years, to be designated by the Mayor in making his or her
appointments so that the terms of approximately one-third (1/3) of
the members will expire each year, and their successors shall be appointed
for terms of three (3) years and until the appointment and qualification
of their successors. The method of appointment shall be as follows:
[MC 2001-42, December 3, 2001]
The Governing Body may, by ordinance, appoint not more than
two (2) alternate members. Notwithstanding the provision of any other
law or charter heretofore adopted, the ordinance shall provide the
method of appointment of alternate members as follows: alternate members
shall be designated at the time of appointment by the authority appointing
them as "Alternate No. 1" and "Alternate No. 2."
The terms of the alternate members shall be for two (2) years,
except that the terms of the alternate members first appointed shall
be two (2) years for Alternate No. 1 and one (1) year for Alternate
No. 2 so that the term of not more than one (1) alternate member shall
expire in any one (1) year. A vacancy occurring otherwise than by
expiration of term shall be filled by the appointing authority 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 requests
one, be removed by the governing body 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.
[MC 2001-42, December 3, 2001]
The Mayor or Governing Body is empowered to 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 provision of law to the contrary,
the powers of appointment and removal hereby accorded to the Mayor
shall be vested in the elected official so designated or, where there
is a vacancy in the office of Mayor, in the duly designated acting
Mayor.
[MC 2001-42, December 3, 2001]
Subject to the availability of duly appropriated funds by the
Governing Body, the Commission shall have the following powers and
duties:
(a)
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.
(b)
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.
(c)
To advertise, prepare, print and distribute books, maps, charts,
plans and pamphlets which in its judgment it deems necessary for its
purposes.
(d)
To keep an index of all open areas, publicly or privately owned,
including open marsh lands, 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 the City Master Plan and the development and use of such areas.
(e)
Subject to the approval and appropriation of funds of the Governing
Body, to acquire property, both real and personal, in the name of
the City of Plainfield, by gift, purchase, grant, bequest, devise
or lease, for any of its purposes and to administer the same for such
purposes subject to the terms of the conveyance or gift. Such 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 City.
(f)
To appoint such clerks and other employees or consultants as it may
from time to time require, provided that the cost of such appointments
are within the limits of funds appropriated to it by the Governing
Body.
[MC 2001-42, December 3, 2001]
The Commission shall keep complete and accurate records of its
meetings and shall make an annual report to the Governing Body, including
but not limited to a statement of all revenues and expenditures.
[MC 2001-42, December 3, 2001]
The Governing Body may appropriate funds for the expenses incurred
by the Commission.
