[Adopted 3-25-1975 by Ord. No. 577-75]
There is hereby established an Environmental
Commission in the Borough of Caldwell to be known as the "Borough
of Caldwell Environmental Commission," pursuant to N.J.S.A. 40:56A-1
et seq., as amended.
[Amended 7-12-1988 by Ord. No. 818-88]
The Commission shall be composed of seven members
and two alternate members appointed by the Mayor; one of the members
shall be a member of the Planning Board. All members and alternates
shall be residents of the Borough of Caldwell, all of whom shall serve
without compensation.
The Mayor shall appoint one of the members to
serve as Chairman and Presiding Officer of the Commission and another
member as Vice Chairman to preside in the absence of the Chairman.
[Amended 7-13-1999 by Ord. No. 1073-99]
The terms of all successors to the first appointed
Commission members shall be for three years, expiring on December
31 of the third year of each of said terms.
A vacancy on the Commission occurring otherwise
than by expiration of term shall be filled by appointment by the Mayor
for the unexpired term of the member whose vacancy is being filled.
A member may be removed as provided by N.J.S.A. 40:56A-1.
A.
The Environmental Commission is established for the
protection, development or use of natural resources, including water
resources, within the territorial limits of the Borough of Caldwell.
The Commission shall have the power to conduct research into the use
and possible use of the open land areas of the borough and may coordinate
the activities of unofficial bodies organized for similar purposes
and may advertise, prepare, print and distribute books, maps, charts,
plans and pamphlets which in its judgment it deems necessary for its
purposes. It shall keep an index of all open areas, publicly or privately
owned, including open marshlands, swamps and other wetlands, in order
to obtain information on the proper use of such areas, and may from
time to time recommend to the Planning Board plans and programs for
the development and use of such areas.
B.
The
Commission shall have the further power to recommend the purchase
of open space by the Borough using proceeds of the Open Space Trust
Fund to study and make recommendations concerning open space preservation,
water resources management, air pollution control, solid waste management,
noise control, soil and landscape protection, environmental appearance,
litter and protection of flora and fauna.
[Amended 4-17-2018 by Ord. No.
1342-18]
C.
The Commission shall also have the power to regulate
and plan the care, trimming, spraying, protection, planting and maintenance
of trees and shrubbery within the public domain.
The Commission may, subject to the approval
of the 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 land and water areas in the borough.
The Commission shall keep records of its meetings
and activities and make an annual report to the Mayor and Borough
Council.
The Commission may appoint such clerks and other
employees as it may from time to time require, provided that the same
shall be within the limits of funds appropriated to it by the Borough
Council.[1]
[1]
Editor’s Note: Former Art. VI, Open Space Trust Committee,
adopted 7-13-2006 by Ord. No. 1169-06, which immediately followed,
was repealed 4-17-2018 by Ord. No. 1343-18.
