[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Sec.
2-28 of the 1988 Code. Amendments noted where applicable.]
The Borough Environmental Commission is established
pursuant to N.J.S.A. 40:56A-1 et seq., as amended. The Commission
is established for the protection, development or use of natural resources,
including water resources, located within the territorial limits of
the Borough.
The 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 Franklin Lakes.
The members shall serve without compensation. The Mayor shall designate
one of the members to serve as Chairman and presiding officer of the
Commission. All appointments shall be for the term of three years.
A vacancy on the Commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term only, in the same
manner as an original appointment. The Mayor or 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.
[Added 2-26-2008 by Ord. No. 1397]
The position of alternate member of the Environmental
Commission is hereby established. The Mayor shall appoint two alternate
members to the Environmental Commission. Alternate members shall be
designated at the time of appointment by the Mayor as “Alternate
No. 1” and “Alternate No. 2.” The terms of the alternate
members shall be for two years, except that the initial terms of the
alternate members 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. Alternate members may participate
in all matters but may not vote except in the absence or disqualification
of a regular member of any class. In the event that a choice must
be made as to which alternate member is to vote, Alternate No. 1 shall
vote.
A.
The Commission shall have the power to:
(1)
Promote the conservation and development of the environmental
quality of Franklin Lakes.
(2)
Plan, implement and inform the public about local
conservation programs.
(3)
Study and make recommendations to appropriate officials
and agencies, concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, and protection
of flora and fauna.
(4)
Recommend to the Planning Board plans and programs
for inclusion in a Municipal Master Plan.
(5)
Advertise, prepare, print and distribute books, maps,
charts, plans and pamphlets, which in its judgment it deems necessary
for its purposes.
(6)
Coordinate the activities of unofficial bodies organized
for similar purposes.
B.
The Commission shall compile and keep an index of
all open areas publicly or privately owned, including open marshlands,
swamps and other wetlands, in order to obtain the proper information
on the use of such areas.
The Commission may, subject to the approval
of the Mayor and Borough Council, acquire property, both real and
personal, in the name of the Borough 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 or otherwise conserve and properly
utilize open spaces and other lands and water areas in the Borough.
The Commission shall keep records of its meetings
and activities and shall make an annual report to the Mayor and Council,
which report shall include receipts, disbursements and expenditures
for the year.
