[Adopted 3-12-1970 by Ord. No. 281 (Ch.
3, Art. XIX, of the 1973 Code); amended in its entirety 6-11-1990 by Ord. No. 612]
The Borough of Shrewsbury Environmental Commission is hereby established pursuant to Chapter 245 of the Laws of 1968 and Chapter 35 of the Laws of 1972 (N.J.S.A. 40:56A-1 to 40:56A-7, inclusive).
[Amended 10-18-1993 by Ord. No. 666; 2-16-2010 by Ord. No. 940]
A.
A Commission shall consist of seven members appointed
by the Mayor, one of whom shall be a member of the Planning Board
and all of whom shall be residents of the Borough of Shrewsbury. The
members shall serve without compensation, except as hereinafter provided.
The Mayor shall designate one of the members to serve as Chairman
and presiding officer of the Commission. The terms of office of the
first Commissioners shall be for one, two or three years as designated
by the Mayor in making his or her appointment, and their successors
shall be appointed for terms of three years and until the appointment
and qualification of their successors. The Mayor and Borough 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. 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.
B.
The Mayor may also appoint not more than five associate
members for terms of one year. Associate members may attend all public
meetings of the Environmental Commission but shall have no vote on
any action taken by the Commission.
[Added 5-15-2006 by Ord. No. 871]
A.
The governing body may, by ordinance, provide for
the appointment of not more than two alternate members. Alternate
members shall be appointed by the Mayor. Alternate members shall be
designated at the time of appointment by the authority appointing
them as "Alternate No. 1" and "Alternate No. 2."
B.
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 by the appointing authority for the unexpired
term only.
C.
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.
D.
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,
and for the preservation of scenic, historic, aesthetic, educational,
environmental, ecological and scientific values to be found in the
lands, waters and total environment of the Borough of Shrewsbury.
The Commission shall have 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 purpose. 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 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 Mayor
and Council.
The Commission may appoint such clerks and other
employees as it may from time to time require, provided that the same
be within the limit of funds appropriated to it by the Mayor and Council.
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.
