Pursuant to the provisions of N.J.S.A. 40:55D-77 et seq., the Township of Roxbury ordained to participate in the Lake Hopatcong Regional Planning Board by adopting Ordinance No. 2-77 in 1977. The Township's participation in the Lake Hopatcong Regional Planning Board pursuant to that Ordinance is hereby continued.
The Lake Hopatcong Regional Planning Board, which has heretofore been created through Ordinance No. 2-77 of this Municipality, is hereby ratified and re-created for the purpose of this Ordinance by and for the Borough of Hopatcong, Township of Jefferson, Borough of Mt. Arlington, Township of Roxbury, County of Morris, County of Sussex and the State of New Jersey.
The Regional Planning Board herein created shall constitute an instrumentality of its participation governments.
The Lake Hopatcong Regional Planning Board shall make surveys, studies and plans for the physical development and control of land uses at Lake Hopatcong, including such areas away from the shore of the lake which are deemed, in the judgment of the Board, to bear essential relationship to the planning program of said Board. The Board shall also make recommendations for action on such plans by the parties' members hereto.
The number of members of the Lake Hopatcong Regional Planning Board and their methods of appointment shall be as follows:
Each municipality a member hereto shall appoint two (2) resident members to the Board, at least one (1) of whom shall hold no other public office or position excepting appointive membership on a municipal or other Planning Board. The one citizen member shall serve for a term of four (4) years; if a second citizen member be appointed, he shall serve for a term of two (2) years. If a public official is appointed, he shall serve for the length of his term of office.
Each County a member hereto shall appoint one (1) member to the Board for a term of three (3) years. Such appointment shall be a member of the County Planning Board who shall hold no other public office or position.
The State of New Jersey through the Commissioner of the New Jersey Department of Conservation and Economic Development shall appoint two (2) members of the Board. One member shall hold a position with the Department of Conservation and Economic Development. The second member shall hold no public office or position excepting appointive membership on a municipal or other Planning Board, and shall be a resident of one of the municipalities a member hereto.
This section shall take effect upon adoption of similar ordinances by other municipalities' members hereto and by resolution of the Freeholders of the Counties of Morris and Sussex.
Lake Musconetcong and the surrounding beach area is a critical regional water resource. There is a desire among area and regional residents to maintain and enhance the recreational value of the Lake and to address the concerns for future needs of clean water for both the local area and downstream watershed area. Currently, there is a serious eutrophication problem at the Lake. Since governmental authority over Lake Musconetcong is fragmented among four municipalities, two counties and the State, in order to effectively address the problems now confronting the Lake and its future enjoyment and potential, it would serve the needs of all concerned for said governmental authorities to join in the creation of a Lake Musconetcong Regional Planning Board.
The Lake Musconetcong Regional Planning Board, which has heretofore been created through Ordinance No. 7-89 of this Municipality, is hereby ratified and re-created for the purpose of this Ordinance by and for the Borough of Hopatcong, Township of Jefferson, Borough of Mt. Arlington, Township of Roxbury, County of Morris, County of Sussex and the State of New Jersey.
The Lake Musconetcong Regional Planning Board shall make surveys, studies and regional plans for the physical improvement of Lake Musconetcong, including the shoreline and fifty (50) feet of beachfront. Pursuant thereto, the Board shall make such recommendations for action by its constituent entities in furtherance of its goals as it deems necessary and beneficial.
Upon a local Planning Board or Board of Adjustment receiving a development application affecting lands adjacent to the Lake, or having any potential affect on the Lake, the Secretary of said local board shall immediately forward a copy of the application and plans to the Regional Board for its review. The Regional Board shall inspect the site and review the application and plans. The Regional Board shall then prepare a written advisory report to be returned to the local Board in a timely manner. The actual approval decision on the application shall be made only by the local Board.
The Lake Musconetcong Regional Planning Board shall submit an annual report of its activities to the governing bodies of its municipal and County constituents.
The Lake Musconetcong Regional Planning Board is authorized to seek funding assistance and is authorized to undertake lake restoration and other lake improvement measures pursuant to an approved Lake Restoration Plan or Lake Management Plan.
The composition, membership and manner of appointment of the Lake Musconetcong Regional Planning Board shall be as follows:
The total membership of the Board shall be ten (10), provided that additional members may be appointed pursuant to paragraph (d) hereinafter.
A total of eight (8) members shall be appointed by the Mayors of the respective municipal constituents, each of said members to be a resident of the municipality by whom he/she is appointed. The number of members to be appointed from each municipality shall be based on the proportionate amount of shoreline located in such municipality, as follows: Byram - one (1) member; Netcong - two (2) members; Roxbury - two (2) members; and Stanhope - three (3) members. The first member appointed by each municipal constituent shall serve for an initial term of four (4) years; the second and third member appointed by each municipal constituent (if applicable) shall serve for an initial term of two (2) years. Upon the expiration of the initial terms of membership of all members, all terms thereafter shall be for a period of four (4) years.
Each County constituent shall appoint one member to the Board for a term of three (3) years. Such member shall also be a member of the County Planning Board and shall hold no other public office or position.
The Lake Musconetcong Regional Planning Board may, by resolution, provide that the Commissioner of the Department of Environmental Protection appoint as a member of the Regional Board a representative of that Department's Division of Parks and Forestry, and an additional member who shall be a resident of one of the constituent municipalities but who shall not hold any public office or position excepting that of appointed membership on a municipal or other Planning Board.
The Lake Musconetcong Regional Planning Board may employ, contract for and fix the compensation of legal counsel, other than an attorney for a constituent municipality or County, and experts and other staff and services as it may deem necessary, provided, however, that such amounts may not exceed amounts appropriated for its use by the constituent municipalities and counties after their review and approval of the Board's annual budget.
The apportionment of costs and expenses of the Board shall be based upon the constituent municipalities' respective proportionate share of shoreline and specific percentages attributed to the constituent counties, as follows:
This joint agreement creating and establishing the Lake Musconetcong Regional Planning Board shall have an indefinite duration. It may be terminated by a vote of two-thirds (2/3) of the full authorized membership thereof or by the adoption of an ordinance by one of the constituent municipalities terminating its participation. Upon termination of the Regional Board pursuant to one of these two methods, the effective date of termination shall be as agreed to unanimously by the full authorized membership of the Board. In the event unanimous agreement cannot be reached, termination shall be effective on the June 30th next succeeding the expiration of twelve (12) full calendar months following the decision to terminate.