[HISTORY: Adopted by the Borough Council of the Borough of Bay Head 5-16-1989 as Ord. No. 1989-5 (§ 2-19 of the 1984 Code). Amendments noted where applicable.]
The Borough of Bay Head Environmental Commission is hereby established pursuant to N.J.S.A. 40:56A-1 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Bay Head.
- The Environmental Commission of the Borough of Bay Head.
- The Mayor of the Borough of Bay Head.
- MUNICIPAL CLERK
- The Municipal Clerk of the Borough of Bay Head.
All members shall be residents of the borough and shall serve without compensation, except as hereinafter provided. The Mayor shall designate one (1) of the members to serve as Chair and Presiding Officer of the Commission.
The terms of office of the first Commissioners shall be for one (1), two (2) or three (3) years, to be designated by the Mayor in making his appointments so that the terms of approximately one-third ( 1/3) of the members will expire each year, and their successors shall be appointed for terms of three (3) years and until the appointment and qualification of their successors. 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.
The Commission is established for the protection, development or use of natural resources, including water resources, located within the territorial limits of the borough. In order to carry out these purposes, the Commission shall have the following powers:
Promoting the conservation and development of the natural resources of the borough.
Planning, implementing and informing the public about local conservation programs.
Conducting research into the possible use of the open areas of the borough.
Recommending to the Planning Board plans and programs for inclusion in a Municipal Master Plan and the development and use of such open areas.
Advertising, preparing, printing and distributing books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes.
Managing donated or purchased lands for conservation purposes and operating conservation programs.
Acting as the coordinating agency for the community on conservation matters and a liaison between local conservation needs and regional, county, state and federal agencies administering to those needs.
The Environmental Commission shall keep an index of all open areas publicly or privately owned, including open marsh lands, swamps and other wetlands, in order to obtain information on the proper use of such areas.
The Commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the Borough of Bay Head by gift, purchase, grant, bequest, devise or lease for any of its purposes, including, but not limited to, use as living museums, sites for scientific study, areas for teaching of natural history and conservation, places of historic or prehistoric interest and scientific beauty and habitat for rare and endangered plants and animals, 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 revisions) as may be necessary to acquire, maintain, improve, protect or limit the future use or otherwise conserve and properly utilize open spaces and other lands and water areas within the borough.
The Commission shall, subject to the approval of the governing body, have exclusive control of lands acquired for the purpose hereinabove stated and may adopt suitable rules and regulations for the use thereof and the conduct of all persons while on or using the same.
The Commission shall keep records of its meetings and activities and shall make an annual report on or before the first day of December of each year and submit said report to the governing body, which report shall be comprehensive and detailed governing operations, receipts, disbursements and expenditures for the full year.
The Commission is hereby authorized to adopt bylaws in order to govern its procedural operation.
The Mayor, with the advice and consent of the Council, may remove any member of the Commission for cause on written charges served upon said member and after a hearing before the governing body, and with their approval thereon, at which the member shall be entitled to be heard in person or by counsel.
Notwithstanding any other provisions of law to the contrary, the powers of appointment and removal hereby accorded to the Mayor shall be vested in the elected official so designated or, where there is a vacancy in the Office of Mayor, in the duly designated Acting Mayor.
The governing body shall annually fix, determine and appropriate a sum sufficient for the care, custody, policing and maintenance of such lands acquired for the uses and purposes herein stated and for the expenses incurred by said Commission, which shall be raised by taxation in the same manner as other taxes.
The Commission may appoint a secretary or clerk and such number of custodians, supervisors and assistants for the lands acquired for the uses and purposes herein mentioned as they shall deem necessary, but the salaries of all such clerks, custodians, supervisors or assistants shall be fixed and determined by the governing body, and in addition thereto the total salaries of all such persons shall be within the limit of funds appropriated to the Commission.
The Commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.
After the Commission has prepared and submitted to the Planning Board an index of the natural resources of the borough, the Planning Board shall make available to the Commission an informational copy of every application for development submitted to the Board. Failure of the Planning Board to make such informational copy available to the Commission shall not invalidate any hearing or proceeding.
For the purposes of this section, "development" shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any building or other structure or of any mining excavation or landfill; and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).