There shall be an Environmental Council Committee that shall oversee the commissions, committees and boards of the Borough of South River related to the environment. The Environmental Council Committee shall consist of three members of the Borough Council, one of whom shall be designated Chairman, and who shall be appointed at the annual organizational meeting in accordance with the Rules of Council. Initial appointments to the Environmental Council Committee shall be made at the first regular meeting following the effective date of this chapter. The Environmental Council Committee shall exercise supervision and control over the Environmental Commission/Shade Tree Advisory Board/Green Team and such other agencies, officers or employees of the Borough as may be designated from time to time by the Borough Council.
There shall be a commission known as the "Environmental Commission/Shade Tree Advisory Board/Green Team of the Borough of South River."
The Environmental Commission/Shade Tree Advisory Board/Green Team of the Borough of South River shall be composed of seven members who shall be residents of the Borough. Each member shall be appointed upon nomination of the Mayor, one of whom shall also be a member of the South River Borough Planning Board. The membership of the Environmental Commission/Shade Tree Advisory Board/Green Team of the Borough of South River shall upon its first meeting of each calendar year elect from its own members by majority vote the Chairperson and presiding officer of the Commission.
In addition to the regular members of the Environmental Commission/Shade Tree Advisory Board/Green Team, the Mayor shall appoint two alternate members who shall be residents of the Borough.
A. 
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 two years, except that the terms of the alternate members first appointed shall be, commencing January 1 of the year of appointment, two years for Alternate No. 1, and one year for Alternate No. 2. A vacancy occurring otherwise than by the expiration of a term shall be filled by the appointment of the Mayor for the unexpired term only.
B. 
An alternate member shall not be permitted to act in 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, in the same manner as provided for the removal of regular members.
C. 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. No vote shall 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.
D. 
In addition to the members appointed to the Environmental Commission/Shade Tree Advisory Board/Green Team, the Borough of South River Council shall appoint two nonvoting junior members. Junior members shall be residents of the Borough and under 18 years of age. The junior members shall serve one-year terms.
[Amended 12-18-2023 by Ord. No. 2023-31]
In addition to the regular members and alternate members of the Environmental Commission/Shade Tree Advisory Board/Green Team, the Mayor shall appoint two advisory consultants. Advisory consultants may participate in discussions of the proceedings but may not vote. Advisory consultants shall serve without compensation. There is no residency requirement for the advisory consultants.
A. 
Terms of office 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 and until the appointment and qualification of their successors.
B. 
A vacancy occurring on the Commission other than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
The governing body may remove any member of the Commission for cause, after written charges have been served upon the member and after a hearing on the charges, at which time the member shall be entitled to be heard in person or by counsel, which expense shall be borne by the Commissioner.
A. 
The Commission shall have the following powers:
(1) 
To conduct research into the use and possible use of open land areas of the Borough.
(2) 
To coordinate the activities of all unofficial bodies which are organized for purposes similar to that of the Commission.
(3) 
To advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purpose.
(4) 
To keep and maintain an index of all open areas, publicly or privately owned, including open marshlands, swamps or other wetlands, in order to obtain information on the proper use of such areas.
(5) 
To recommend to the Planning Board plans and programs for inclusion in a municipal Master Plan and the development and use of such open land areas.
(6) 
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 and marine resources protection.
(7) 
Subject to the approval of the governing body, to acquire property, both real and personal, in the name of South River, by gift, purchase, grant, bequest, devise or lease, for any of its purposes, and to 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.
(8) 
Said Commission shall have advisory power concerning the regulation and control over the planting, care and control of shade and ornamental trees and shrubberies upon or in highways, parks or parkways (except county parks and parkways) in the Borough of South River.
B. 
This Commission shall not have the power of condemnation or eminent domain. It shall not have power to pledge the credit of the Borough or to create any debt against it or in any manner act as the agent of the Borough.
A. 
No shade tree on Borough property shall be removed without an application submitted to the Borough. The Borough shall provide for the necessary application to be issued to any property owner of the Borough of South River who wishes to remove any shade tree within the right-of-way of Borough streets. The Commission shall make recommendation on the type of shade tree planting which would be allowed within the rights-of-way of the Borough street if the property owner requests a replacement.
B. 
An application fee of $25 shall be paid by the applicant at the time of application to defray costs in the processing of the application.
The Environmental Commission/Shade Tree Advisory Board/Green Team's duties, as they concern the Green Team, shall include but not be limited to:
A. 
Managing South River's participation in the Sustainable Jersey program;
B. 
Encouraging the Borough staff to pursue sustainable practices where possible and implement the Borough Council's environmental goals;
C. 
At the recommendation of the Borough Council, work with the existing groups within the Borough whose actions affect environmental issues so as to eliminate duplication and assure that important tasks are covered;
D. 
Provide suggestions for further research and action by the Borough Council;
E. 
At the direction of the Borough Council, provide advice and suggestions to the Borough Board of Adjustment and the Borough Historic Preservation Commission to assure that environmental issues are considered in their deliberations and action;
F. 
Manage and organize various ad hoc environmental groups within the Borough;
G. 
Solicit and evaluate environmental ideas and suggestions from the community; and
H. 
Promote the causes of sustainability within the Borough.
The Environmental Commission/Shade Tree Advisory Board/Green Team shall select Borough volunteers to work on Green Team projects. The names of the volunteers shall periodically be submitted to the Borough Committee.
A. 
The Commission shall keep records of meetings and activities and shall make an annual report to the governing body.
B. 
The Commission shall establish rules and regulations to govern its meetings and activities, not inconsistent with this article.
The governing body may appropriate such funds as it deems necessary for the expenses incurred by the Commission and may appoint such clerks and other employees as it may from time to time require. Such appointments shall be within the limits of funds appropriated to the Commission by the governing body.
Any person violating any provisions of this article shall, upon conviction thereof, be punished as provided in Chapter 1, Article I, General Penalty, as the court deems necessary and just.