[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Tree preservation and removal — See Ch. 181.
[Adopted 6-23-1976 by Ord. No. 1976:284
(Ch. 33 of the 1967 Code)]
Pursuant to N.J.S.A. 40:56A-1 et seq., there
is hereby established in and for the Borough of Closter, County of
Bergen and State of New Jersey, an Environmental Commission to be
known as the "Closter Environmental Commission."
A.
The Environmental Commission should consist of seven
members to be appointed by the Mayor of the Borough of Closter, provided
that all members must be residents of the Borough of Closter. At all
times one member of such Commission shall be a member of the Planning
Board of the Borough of Closter and one member shall be a Councilman
of the Borough of Closter. Should such member's term on the Planning
Board or Council terminate, then a replacement from said bodies shall
be designated to fill the unexpired term on said Commission in order
to ensure such representation. The Mayor shall designate from said
Commission one member to serve as Chairman of said Environmental Commission,
whose duty it shall be to preside at all meetings. No member may receive
any compensation, although expenses may be provided for upon approval
by the Mayor and Council of the Borough of Closter.
B.
Alternate members.
[Added 3-14-1990 by Ord. No. 1990:590]
(1)
The Mayor of the Borough of Closter shall have full
power to appoint two alternate members to the Environmental Commission
in accordance with the requirements set forth below. The two alternate
members shall be designated as "Alternate No. 1" and "Alternate No.
2" at the time of appointment by the Mayor.
(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.
(3)
Any vacancy occurring otherwise than by the expiration
of term shall be filled by appointment by the Mayor for the unexpired
term only.
(4)
The alternate members shall serve without compensation.
They may participate in discussions of the proceedings but may not
vote except in the absence or disqualification of a regular member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote first.
C.
Associate members.
[Added 11-22-1999 by Ord. No. 1999:814]
(1)
The Mayor of the Borough of Closter shall have full
power to appoint associate members to the Environmental Commission
in accordance with the requirements set forth below.
(2)
The terms of the associate members shall be for one
year.
(3)
Any vacancy occurring otherwise than by the expiration
of term shall be filled by appointment by the Mayor for the unexpired
term only.
(4)
The associate members shall serve without compensation.
They may participate in discussions of the proceedings but may not
vote.
The terms of members on the Environmental Commission shall be for three years or until the appointment and qualification of their successors. Any member may be removed for cause by the Mayor or by the Council of the Borough of Closter, provided that written charges are served upon said member and a hearing held thereon, at which time such members shall be entitled to be heard in person or by the Council. Should a vacancy occur other than by expiration of term, said vacancy shall be filled for the unexpired term. In order to first create said Environmental Commission, two members shall be appointed for one-year terms expiring December 31, 1976, two members shall be appointed for two-year terms expiring December 31, 1977, and three members shall be appointed for three-year terms expiring December 31, 1978. Thereafter as the aforesaid terms expire, there shall be at least two annual appointments then commencing a term of three years. Except for initial adjustments or for special aspects of the Planning Board and Council members, as set forth in § 16-2, all appointments shall commence the first day of January of the year in which the appointment is made.
A.
The Environmental Commission shall have power as follows:
(1)
To study and make recommendations concerning open
space preservation.
(2)
To study and make recommendations concerning water
resources management.
(3)
To study and make recommendations concerning air pollution
control.
(4)
To study and make recommendations concerning solid
waste management.
(5)
To study and make recommendations concerning noise
control.
(6)
To study and make recommendations concerning the protection of all shade trees (Ch. 16, Article II), soil and landscapes.
[Amended 12-20-1999 by Ord. No. 1999:815]
(7)
To study and make recommendations concerning environmental
appearances.
(8)
To study and make recommendations concerning marine
resources as well as protection of flora and fauna.
(9)
To conduct research into the use or potential use
of open land areas of the municipality.
(10)
To coordinate the activities of other unofficial bodies
or organizations concerned with the use of open space.
(11)
To advertise, prepare, print and distribute books,
maps, charts and pamphlets which, in its judgment, it deems necessary
to effectuate the purposes and powers as herein set forth.
(12)
To promote in general an environmental, ecological
conservation and natural resources program for the Borough of Closter.
(13)
To solicit recommendations for the allocation of the
open space funds and report to the Mayor and Council with their findings.
[Added 12-20-1999 by Ord. No. 1999:815]
(14)
The Commission may appoint committees to carry out any of the foregoing responsibilities. The committees shall be chaired by a Commission member and composed of associate members as delineated in § 16-2C.
[Added 12-20-1999 by Ord. No. 1999:815]
(15)
The Commission shall be responsible for policies,
procedures and application forms necessary to carry out it's responsibilities
with the advice of the appropriate borough personnel.
[Added 12-20-1999 by Ord. No. 1999:815]
(16)
To
study and make recommendations concerning all of the Borough's parkland,
preserves and natural open space.
[Added 10-12-2011 by Ord. No. 2011:1108]
B.
In addition to the aforesaid, upon designation by
the Mayor and Council, said Environmental Commission may act as liaison
between other environmental commissions or governing bodies of other
municipalities along with federal agencies on a county, state or federal
level.
The Environmental Commission shall create and
maintain an index of all open areas in the Borough of Closter for
the publicly or privately owned areas in order to obtain information
on the proper present and future use of such areas and may from time
to time recommend to the Planning Board of the Borough of Closter
such programs concerning such open space for inclusion in the Master
Plan of the Borough of Closter and for prospective development and
use of such areas.
When designated by the Mayor and Council of
the Borough of Closter, the Environmental Commission may manage for
environmental and conservation purposes such lands which are owned
in whole or in part by the Borough of Closter by virtue of direct
acquisition, condemnation or donation.
If authorized and approved by the Mayor and
Council of the Borough of Closter, the Environmental Commission may
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 convene no
fewer than four times a year and may convene more often at the determination
of the members of said Commission. Minutes shall be kept of all meetings
and records maintained by said Commission of all of its activities.
The Commission shall report periodically, as required by the Mayor
and Council, to the Mayor and Council, but in any event the Commission
shall make an annual report to the Mayor and Council indicating its
accomplishments or activities for the preceding year and its plans
or projects for the following year. Included in said reports shall
be an accounting for any expenditures made during the period of the
report.
In furtherance of § 16-2 of this chapter, the Chairman of the Environmental Commission shall organize said Commission within 30 days of its creation, and the Commission shall choose by majority vote a person designated to act in the absence of the Chairman. Said Commission is also authorized to adopt bylaws governing its procedural operation, which bylaws shall not become effective without the approval of the Mayor and Council of the Borough of Closter. Similarly, should the Commission be designated by the Mayor and Council to manage certain lands as set forth, such managing shall not necessarily be exclusive but may be jointly with the Mayor and Council or with other bodies or agencies of joint use as may be determined necessary by the Mayor and Council. In conjunction with said management, the Commission may recommend rules and regulations for the use of said properties and the conduct of all persons using the same, which rules shall be subject to the approval of the Mayor and Council or any joint agencies charged with the final responsibility for management of said lands.
The Environmental Commission shall have no powers
to raise funds of its own other than the receipt of gifts of real
or personal property, as hereinabove provided, with the exception
that the Mayor and Council may authorize private fundraising activities
if deemed necessary. The Mayor and Council may annually determine
and appropriate sufficient sums for the care, custody, policing or
maintenance of lands controlled, in whole or in part, by such Commission,
which funds shall be raised by taxation as part of the municipal budget.
In addition, the Mayor and Council may appropriate annually a sum
for the expenses incurred by the Environmental Commission.
The Commission may appoint or employ a Secretary
or Clerk and other personnel as may be necessary for the operation
of the Commission and for custodial, supervisory or other care of
lands within the jurisdiction of said Commission, provided that the
expenditure of such funds must be within the limits of the total appropriation
of funds made by the governing body on behalf of such Commission;
provided further, however, that any salaries as opposed to expenses
shall be fixed and determined by the Mayor and Council of the Borough
of Closter and shall be included in the general Salary Ordinance of
the Borough of Closter.[1]
