[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.
The Municipal Clerk of the Borough of Bay Head.
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.
A.
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:
(1)
Promoting the conservation and development of the natural
resources of the borough.
(2)
Planning, implementing and informing the public about
local conservation programs.
(3)
Conducting research into the possible use of the open
areas of the borough.
(4)
Recommending to the Planning Board plans and programs
for inclusion in a Municipal Master Plan and the development and use of such
open areas.
(5)
Advertising, preparing, printing and distributing books,
maps, charts, plans and pamphlets which, in its judgment, it deems necessary
for its purposes.
(6)
Managing donated or purchased lands for conservation
purposes and operating conservation programs.
(7)
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.
B.
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.
A.
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.[1]
B.
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.
A.
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.
B.
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.).
