[HISTORY: Adopted by the Mayor and Council
of the Borough of Mendham 11-4-1974 as Ch. 10 of the 1974 Code. Amendments noted where applicable.]
There is hereby created and established an Environmental
Commission for the protection, development or use of natural resources,
including water resources, located within the territorial limits of
the Borough of Mendham.
A.
The
Environmental Commission shall consist of seven members and two alternate
members (if such alternates are appointed) appointed by the Mayor.
One member shall also be a member of the Borough Planning Board. Three
members shall also be members of the Shade Tree Advisory Committee.
All members shall be members of the Open Space Committee. All members
shall be residents of the Borough of Mendham.
[Amended 2-17-1998 by Ord. No.
4-98; 8-17-2017 by Ord. No. 7-17; 12-20-2018 by Ord. No. 10-18]
(1)
Notwithstanding the membership requirements set forth in § 15-2A, the Environmental Commission, Shade Tree Advisory Committee, and Open Space Committee shall each retain its applicable statutory duties, powers, and functions as set forth in N.J.S.A. 40:56A-1 et seq., Chapters 15, 35, and 54 of the Borough Code, and any other applicable law.
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.
D.
The terms of the first Commissioners shall be for
one, two or three years, to be designated by the Mayor in making his
or her 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 appointment and qualification of
their successors.
E.
The Mayor or 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 2-17-1998 by Ord. No. 4-98]
(1)
Not more than two alternate members may be appointed
by the Mayor. Alternate members shall be designated at the time of
appointment as "Alternate No. 1" and "Alternate No. 2."
(2)
The terms of the alternate members shall be for two
years, except that the terms of the alternate member 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 Mayor for the unexpired term only.
(3)
An alternate member shall not be permitted to act
on any matter in which he or she 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.
(4)
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
power to:
A.
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.
B.
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 or to the Mayor and Borough
Council of the Borough of Mendham plans and programs for inclusion
in a Municipal Master Plan and the development and use of such areas.
C.
Establish rules and procedures for conducting its
meetings.
D.
Keep records of its meetings and activities and shall
make an annual report to the Mayor and Council of the Borough of Mendham
at least 30 days prior to December 31.
E.
Select from its own members a Vice Chairperson and
Secretary.
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 Mendham, 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 of Mendham.
The Commission may appoint such clerks and other
employees as it may require, provided that they shall be within the
limits of funds appropriated for such purposes by the Borough Council.
