[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 4-14-1977
by Ord. No. 111. Amendments noted where applicable.]
A.
There is considered to be a need in the interest of the
public health, safety and welfare for the existence of an Environmental Commission
for the Borough of Folsom pursuant to Chapter 245 of the Public Laws of 1968,
as amended.[1]
B.
There is hereby created a Commission which shall be known
as the "Environmental Commission of the Borough of Folsom."
The function of said Environmental Commission shall be limited to advising
the Planning Board, the governing body of the Borough of Folsom and all subsidiary
agencies thereof on the areas as hereinafter delineated, and receiving and
disseminating information on said issues, and securing federal and state funding
for said purposes. Said Commission shall not have the power to legislate or
make final determination on any pending subdivision or other similar applications
but shall be permitted to review the same for the purpose of making recommendations
to the appropriate Borough agencies.
Said Environmental Commission shall consist of seven members to be appointed
by the Mayor of the Borough of Folsom, with one member being a member of the
Folsom Planning Board and with all members being residents of the Borough
of Folsom. Two members of said Commission shall be appointed for terms expiring
December 31, 1977, two of said members shall be appointed for terms expiring
December 31, 1978, and three of said members shall be appointed for terms
expiring December 31, 1979. The Planning Board member of said Commission shall
be appointed for a term not to exceed the remainder of his term on the Planning
Board. All subsequent appointments of members to the Commission, except for
the filling of vacancies for unexpired terms, shall be for terms of three
years beginning the first day of January of the first year of said term.
A.
The Mayor shall have full power to appoint two alternate members
to the Environmental Commission in accordance with the requirements set forth
below. The two alternate members shall be designated as "Alternate No. 1"
and "Alternate No. 2" at the time of appointment by the Mayor.
B.
The terms of the alternate members 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.
C.
Any vacancy occurring otherwise than by the expiration of term
shall be filled by appointment by the Mayor for the unexpired term only.
D.
The alternate members shall serve without compensation. They
may participate in discussions of the proceedings but may not vote except
in the absence or disqualification of a regular member. In the event that
a choice must be made as to which alternate member is to vote, Alternate No.
1 shall vote first.
The Environmental Commission of the Borough of Folsom shall have the
following powers:
A.
Promote the conservation and development of the environmental
quality of the Borough of Folsom.
B.
Plan, implement and inform the public about local conservation
programs.
C.
Compile and keep an index of all open areas, publicly
or privately owned, including open marshlands, swamps and other wetlands.
D.
Conduct research into the possible use of the open areas
and the preservation or protection of their resources such as air and water.
E.
Recommend to the Planning Board plans and programs for
inclusion in a municipal Master Plan and the development and use of such areas.
F.
Advertise, prepare, print and distribute books, maps,
charts, plans and pamphlets which, in its judgment, it deems necessary for
its purposes.
G.
Identify all scenic, historic, park and recreational
sites and make recommendations for their protection and improvement.
H.
Make recommendations as to legislation for control of
excavation and soil erosion and other activities affecting the landscape.
I.
Review all proposed road locations and subdivisions for
their environmental impact.
J.
Promote good architectural and landscape design for all
developments with adequate provision for park and green areas therein.
K.
Manage donated or purchased lands for conservation purposes
and operate conservation programs.
L.
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.
The Commission, with the approval of the Mayor and Council of the Borough
of Folsom, may, from time to time, acquire property, both real and personal,
in the name of the Borough of Folsom 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 scenic 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 conveyance on conditions 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 Folsom.
The Environmental Commission may, subject to approval of the Mayor and
Council of the Borough of Folsom, have 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 Mayor and Council of the Borough of Folsom, which report shall
be comprehensive and detailed, covering operations, receipts, disbursements
and expenditures for the full year.
The Mayor shall designate one of the members to serve as Chairman and
presiding officer of the said Commission. The said Commission is authorized
to adopt bylaws governing its procedural operation.
The Mayor and Council of the Borough of Folsom 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.
Mayor and Council of the Borough of Folsom 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 of the 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 think necessary, but the salaries of all such
clerks, custodians, supervisors and assistants shall be fixed and determined
by the Mayor and Council of the Borough of Folsom, and, in addition thereto,
the total salaries of all such persons shall be within the limits of funds
appropriated to the said Commission.
