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.
A.
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.
B.
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.
C.
The Lake Musconetcong Regional Planning Board shall submit an annual
report of its activities to the governing bodies of its municipal
and County constituents.
D.
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:
A.
The total membership of the Board shall be ten (10), provided that
additional members may be appointed pursuant to paragraph (d) hereinafter.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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:
|
Borough of Netcong
|
18.7 percent
|
|
Borough of Stanhope
|
32.7 percent
|
|
County of Morris
|
12.5 percent
|
|
Township of Byram
|
3.5 percent
|
|
Township of Roxbury
|
20.1 percent
|
|
County of Sussex
|
12.5 percent
|
|
The State of New Jersey shall contribute towards the expenses
of the Lake Musconetcong Regional Planning Board through the provision
of professional services to the Board.
|
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.
