[N.J.S.A. 40:56A-1; Ord. No. 2008-2; Ord. No. 2011-3; amended 2-28-2022 by Ord. No. 2022-1]
a.
Establishment.
Pursuant to N.J.S.A. 40:56A-1, there is hereby created an Environmental
Commission in the Borough for the protection, development, and use
of natural resources, including water resources within the territorial
limits of the Borough.
b.
Membership;
terms.
1.
The Commission
shall consist of not less than five members, appointed by the Mayor,
one of whom shall also be a member of the Borough Planning Board,
and all of whom shall be residents of the Borough. The members shall
serve without compensation except as hereafter provided.
2.
The Mayor
shall designate one of the members to serve as Chairman and presiding
officer of the Commission.
3.
Membership;
terms. The terms of all members of the Commission shall expire on
December 31, 2021. Thereafter, appointments will be made on a staggered
basis and, of the members initially appointed, two members shall be
appointed to serve for a term of one year, two members shall be appointed
to serve a term of two years; one member shall be appointed to serve
a term of three years. Thereafter, all appointments shall be made
for a term of three years.
4.
The Mayor
or Council 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.
5.
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.
6.
Notwithstanding
any other provision of the 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, on the duly designated Acting Mayor.
7.
There
shall be two alternate members of the Commission designated at the
time of appointment as "Alternate No. 1" and "Alternate No. 2" and
shall serve during the absence or disqualification of any regular
member or members. The terms of all alternate members shall expire
on December 31, 2021. The initial term of "Alternate No. 2" shall
be one year and the initial term of "Alternate No. 1" shall be two
years. Thereafter, the terms of the alternate members shall be for
two years. 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 may 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.
[N.J.S.A. 40:56A-2; Ord. No. 2008-2; amended 2-28-2022 by Ord. No. 2022-1]
The Commission shall have the power to conduct research into
the use and possible use of the open land areas of the Borough and
may coordinate the activities of unofficial bodies organized for similar
purposes, and may advertise, prepare, print and distribute books,
maps, charts, plans and pamphlets which, in its judgment, it deems
necessary for its purposes. It shall keep an index of all open areas,
publicly or privately owned, including open marshland, 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 or, if none, to the Mayor and Council, plans and programs for
inclusion in a municipal Master Plan and the development and use of
such areas.
[N.J.S.A. 40:56A-3; Ord. No. 2008-2]; amended 2-28-2022 by Ord. No. 2022-1]
The Commission may, subject to the approval of the governing
body, acquire property, both real and personal, in the name of the
Borough 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 Borough.
[N.J.S.A. 40:56A-4; Ord. No. 2008-2; amended 2-28-2022 by Ord. No. 2022-1]
The Commission shall keep records of its meetings and activities
and shall make an annual report on or before December 1 of each year
to the Borough Council. Such report shall be comprehensive and detailed
covering operations, receipts, disbursements, and expenditures for
the full year.
[Added 2-28-2022 by Ord. No. 2022-1[1]]
a.
Adoption
of bylaws. The Commission is authorized to adopt bylaws governing
its procedural operation.
b.
Appropriations.
The Borough Council 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 the Commission, which shall be raised by taxation
in the same manner as other taxes.
[1]
Editor's Note: This ordinance also repealed former Subsections
31-1.5 through 31-1.12 regarding the Environmental Commission and
establishment of a Joint Environmental Commission. Prior history includes
N.J.S.A. 40:56A-5 through 40:56-12 and Ord. No. 2008-2
