Pursuant to the provisions of N.J.S.A. 40:56A-1 to 5, a local
Environmental Commission, to be known as the "Environmental Commission
of the Township of Barnegat" is hereby created, to consist of five
(5) members, which said Commission shall be a body corporate, having
the powers hereinafter enumerated.
The members of the Commission shall be appointed by the Mayor
of the Township of Barnegat. Each member of the Commission shall be
a resident of the Township of Barnegat. One (1) member of the Commission
shall be a member of the Planning Board of the Township of Barnegat.
The Mayor shall designate one (1) of the members to serve as Chairman
or presiding officer of the Commission. The terms of office of the
first Commissioners shall be for one (1), two (2) or three (3) years,
to be designated by the Mayor in making his 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 or until the appointment and qualification of their successors.
The Mayor or governing body of the township 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. 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.
The Commission shall have the general powers provided in N.J.S.A.
40:56-A-1 through 5.
The Commission shall perform the functions and exercise the
powers hereinafter enumerated:
A. It shall have power 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. It may advertise, prepare, print and distribute books, maps, charts,
plans and pamphlets which, in its judgment, it deems necessary for
its purposes.
C. 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 a Municipal Master Plan and the development and use of such areas.
The Commission may, subject to the approval of the governing
body, acquire property, both real and personal, in the name of the
municipality, 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,
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 municipality.
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report to the governing body
of the municipality.
The governing body may appropriate funds for the expenses incurred
by the Environmental Commission. The Commission may appoint such clerks
and other employees as it may from time to time require and as shall
be within the limits of funds appropriated to it.