[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 4-10-1979 by Ord. No. 79-692 (Ch. 36 of the 1966 Code). Amendments noted where applicable.]
Pursuant to the authority vested in the Borough Council of the Borough of Montvale under and by virtue of N.J.S.A. 40:56A-1 et seq., there is hereby established an Environmental Commission to be known as the "Environmental Commission."
A. 
The Environmental Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Borough of Montvale.
B. 
The members shall serve without compensation.
C. 
The Mayor shall designate one of the members to serve as Chairperson and presiding officer of the Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
The terms of the first Commissioners shall be for one, two or three years, to be designated by the Mayor in making his appointments so that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of three years.
E. 
The Council of the Borough 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.
F. 
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.
G. 
Alternate members.
[Added 3-13-2007 by Ord. No. 2007-1261]
(1) 
The Mayor shall nominate, with the advice and consent of the Council, two alternate members to the Commission. Alternate members shall be designated at the time of appointment as Alternate No. 1 and Alternate No. 2. The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(2) 
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 requests one, be removed by the governing body for cause.
(3) 
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 Environmental Commission shall have the following duties:
A. 
To study and make recommendations to the Mayor and Council in areas of conservation and environmental protection, which shall include, but not be limited to, pollution control of all types; waste disposal, including sewage, garbage and solid waste; open space preservation, with emphasis on outdoor recreation needs; aesthetic flora and fauna preservation and beautification; and water resources.
B. 
To plan local conservation programs and to inform the public about those programs.
C. 
To prepare, print and distribute informational materials, such as books, maps, charts, plans and pamphlets, which in its judgment it deems necessary for its purpose within the limits of funds appropriated to the Commission.
D. 
To keep an index of all open areas publicly and privately owned in order to obtain information on the proper use of such areas.
E. 
To recommend from time to time to the Planning Board plans and programs for inclusion in the Master Plan of the Borough of Montvale for development and use of such areas.
F. 
To act as the coordinating agency of the community on conservation matters with appropriate federal, regional, state and other agencies concerned with such matters.
G. 
To make reports and recommendations to the appropriate municipal approving authority on development plans regarding their environmental impact and the location and specification of landscaping and shade trees.
H. 
To do such other acts and things as are reasonably related to and assigned to carry out the purposes and objectives of the Commission.
I. 
One member of the Environmental Commission shall be selected by the Mayor to constitute one Class IV member of the Planning Board of the Borough of Montvale pursuant to N.J.S.A. 40:55D-23.
The Environmental Commission may, subject to the approval of the Borough Council, acquire property, both real and personal, in the name of the Borough of Montvale, 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 such conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easements), 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 of Montvale.
A. 
Regular meetings of the Commission shall be established.
B. 
At all meetings a quorum shall consist of a majority of the members of the Commission.
C. 
The Commission shall keep records of its meetings and shall make an annual report to the Mayor and Council of the Borough of Montvale on or before the first day of January of each year.
The Council, in its discretion, may annually determine and appropriate sums which it deems sufficient for the care, custody, leasing and maintenance of such lands which may have been acquired for the uses and purposes herein stated; also, in its discretion, it may provide for the expenses of said Commission, including the payment of any necessary employees, including clerical services.
If any section, part of any section or clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining provisions of this chapter. The governing body of the Borough of Montvale declares that it would have passed the ordinance, and each section and subsection thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
This chapter shall take effect upon publication and final passage according to law.