[HISTORY: Adopted by the Board of Commissioners of the Borough
of Avon-by-the-Sea 11-23-92 by Ord. No. 28-1992. Amendments noted where applicable.]
A Commission shall consist of seven (7) members appointed by
the Mayor, one (1) of whom shall also be a member of the Planning
Board and all of whom shall be residents of the Municipality of Avon-by-the-Sea;
the member shall serve without compensation except as hereinafter
provided. The Mayor shall designate one (1) of the members to serve
as Chairman and presiding officer of the Commission. The terms of
the 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
and their successors shall be appointed for terms of three (3) years
and until the appointment and qualification of their successors. The
first members of the Commission shall be appointed for the following
terms:
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Two (2) members for the one (1) year term expiring December
31, 1993.
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Two (2) members for the two (2) year term expiring December
31, 1994.
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Three (3) members for the three (3) year term expiring December
31, 1995.
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The Mayor or governing body may remove any member of the Commission
for cause, on written charges served upon the member and after the
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 expiration of a term shall be filled for the unexpired term in
the same manner as an original appointment.
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A.
Alternate Members. The governing body may appoint not more than two
(2) alternate members, to be designated "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. 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 or she
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.
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
territorial limits of the municipality of Avon-by-the-Sea. The Commission
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, 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 plans and programs for
inclusion in the Master Plan and the development and use of such areas.
The Environmental 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 make an annual report to the governing body.
The Commission may appoint such clerks and other employees and
incur such expenses as it may from time to time require, providing
the same shall be within the limits of funds appropriated to it by
the governing body or otherwise available to it.
The Environmental Commission shall have power 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.
