[Adopted 5-4-1972]
[Amended 3-3-1983 by Ord. No. 6-83]
There is hereby created in the Borough of Hopatcong a Commission of the Borough to be known and designated as the "Environmental Commission," instituted for the protection, development or use of the natural resources located within the territorial limits of the Borough of Hopatcong and pursuant to the provisions of Chapter 245 of the Laws of New Jersey, 1968.[1]
[1]
Editor's Note: See N.J.S.A. 40:56A-1 et seq.
A. 
The Environmental Commission shall consist of seven persons, all of whom shall be citizens of the United States and residents of the Borough of Hopatcong and one of whom shall also be a member of the Land Use Board. The members shall be appointed by the Mayor and shall serve without compensation.
[Amended 3-3-1983 by Ord. No. 6-83; 9-5-2012 by Ord. No. 22-2012]
B. 
The Commissioners first appointed shall hold office for terms as follows: two members for one year, two members for two years, three members for three years, respectively; provided, however, that the term of any appointment made under this article during the year 1972 shall be considered to have commenced on January 1, 1972.
C. 
A vacancy on the Commission shall be filled for the unexpired term in the same manner as the original appointment.
D. 
Alternate members. The Mayor may also appoint not more than two alternate members to the Environmental Commission. Said members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." An Alternate member shall possess the same qualifications as a regular member.
[Added 12-5-1991 by Ord. No. 33-91]
(1) 
The terms of the alternate member 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. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
(2) 
An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
(3) 
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.
Said Commission shall have the following powers:
A. 
The promotion of conservation, antipollution, beautification and development of the natural resources of the Borough of Hopatcong.
B. 
The planning and implementing of and informing the public about local conservation, antipollution and beautification programs.
C. 
The compiling and keeping of an index of all scenic historic park recreation open areas, publicly or privately owned, including open marshlands, swamps and other wetlands.
D. 
The power to conduct research into possible use of the open areas of the Borough of Hopatcong.
E. 
Recommend to the Borough Land Use Board plans and programs for inclusion in a Municipal Master Plan and the development and use of such areas.
[Amended 9-5-2012 by Ord. No. 22-2012]
F. 
Advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes.
G. 
Manage donated or purchased lands for conservation purposes and operate conservation programs.
H. 
Act as the coordinating agency of the community on conservation matters and a liaison between local conservation needs and regional, state and federal agencies ministering to those needs.
I. 
The Commission, with the approval of the Council of the Borough of Hopatcong, may from time to time acquire property, both real and personal, in the name of the Borough of Hopatcong, 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 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 condition 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 Hopatcong.
[Amended 3-3-1983 by Ord. No. 6-83]
The Environmental Commission shall, subject to approval of the Council, have exclusive control of lands acquired for the purposes herein 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 January and submit the same to the Council of the Borough of Hopatcong, which report shall be comprehensive and detailed, covering operation, receipts, disbursements and expenditures for the full year.
[Amended 3-3-1983 by Ord. No. 6-83]
The Commission is authorized to adopt bylaws governing its procedural operations. The Mayor shall designate one of its members to serve as Chairman and presiding officer of the Commission.
The Mayor or Council of the Borough of Hopatcong 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.
[Amended 3-3-1983 by Ord. No. 6-83]
The Environmental Commission shall expend no funds and shall incur no expenses, except to the extent and for the items and purposes specified in the annual Borough budget approved by the governing body.
[Amended 3-3-1983 by Ord. No. 6-83]
The Environmental 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 think necessary, but the salaries of all such Clerks, custodians, supervisors and assistants shall be fixed and determined by the Council of the Borough of Hopatcong, and, in addition thereto, the total salaries of all such persons shall be within the limits of the funds appropriated to the said Commission.