[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 3-4-2021 by Ord. No. 2021-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 50.
[1]
Editor's Note: This ordinance also repealed former Ch. 17A,
Environmental Citizens Advisory Committee, adopted 8-19-2020 by Ord. No. 2020-14.
A commission for the protection, development or use of natural
resources, including water resources, located within the territorial
limits of the Township of Mansfield, County of Burlington, State of
New Jersey, is hereby established, said Commission to be known as
the "Mansfield Township Environmental Commission," pursuant to the
provisions of N.J.S.A. 40:56A-1 et seq. (P.L. 1968, c. 245), as amended
and supplemented.
A.
The Mansfield Township Environmental Commission, herein established,
shall be composed of seven members appointed by the Mayor of the Township,
one of whom shall be a member of the Mansfield Township Planning Board
and all of whom shall be residents of the Township.
B.
No member shall be permitted to act on any matter in which he or
she has, either directly or indirectly, any personal or financial
interest.
C.
Members of the Commission shall serve without compensation, except
as hereinafter provided.
Terms of office of the first Commissioners shall be for one,
two or three years, to be designated by the Mayor in making his or
her appointments, so that the terms of approximately 1/3 of the regular
members will expire each year, and their successors shall be appointed
for terms of three years and until the appointment and qualification
of their successors.
One member of the Mansfield Township Environmental Commission
shall serve as Chairman and presiding officer of the Commission. The
Chairman shall be elected yearly by a majority vote of the members
of the Commission.
The Mayor or Township Committee may remove any regular member
of the Mansfield Township Environmental Commission for cause on written
charges being served upon the member and after a hearing thereon upon
10 days' written notice of the date and place set for said hearing,
at which the member shall be entitled to be heard in person or by
counsel.
Vacancies occurring on the Mansfield Township Environmental
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 Mansfield Township Environmental Commission, pursuant to
N.J.S.A. 40:56A-2, shall have the power to conduct research into the
use and possible use of the open land areas of the Township; 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.
The Mansfield Township Environmental Commission 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 of Mansfield Township plans and programs for
inclusion in a Municipal Master Plan and the development and use of
such areas. The Mansfield Township Environmental Commission shall
keep, maintain and periodically update the Mansfield Township Environmental
Resource Inventory (2007).
A.
Pursuant to N.J.S.A. 40:55-27(b), the Planning Board of Mansfield
Township sitting as a Joint Land Use Board shall provide a complete
copy of all applications for development (as defined in N.J.S.A. 40:55D-3)
submitted to said Board, including all plans and reports submitted,
to the Mansfield Township Environmental Commission for the issuance
of a written report with its recommendations as to the development
and use of the area within said development and for its opinion on
the effect of said development on the surrounding area based upon
the studies made by the Mansfield Township Environmental Commission,
including the Township's Environmental Resource Inventory. The
recommendations and the opinion on the effect of the development by
the Mansfield Township Environmental Commission shall not be binding
on any decision on the application by the Board. The recommendations
and opinion by the Mansfield Environmental Commission shall be in
writing and shall include, but not be limited to, the consideration,
evaluation and impact of the development on the following:
(1)
Wetlands, floodplains, flood hazards and known flood area, marshes
and public access to the waterways.
(2)
Identification of scenic, historic, park and recreation sites.
(3)
Air and water pollution.
(4)
Natural screening, trees and tree placement and replacement.
(5)
Soil erosion.
(6)
Location of utilities and highways.
B.
Provided that the complete copy of the application for development
submitted to the Planning Board, including all plans and reports,
is provided to the Mansfield Township Environmental Commission no
later than 30 days prior to the public hearing on the application,
the Mansfield Township Environmental Commission shall issue its report
on the development to the Planning Board of Mansfield Township not
later than 30 days following the referral. The failure of the Mansfield
Township Environmental Commission to act within the allotted time
or an extension mutually agreed upon extension with the applicant
shall be deemed to be a favorable recommendation of the development
and the proposed use of the area within the development with no opinion
on the effect of the development on the surrounding area. However,
if the complete copy of the application for development submitted
to the Planning Board, including all plans and reports, is not provided
to the Mansfield Township Environmental Commission at least 30 days
prior to the public hearing on the application, the public hearing
cannot be heard by the Planning Board until the Mansfield Township
Environmental Commission has at least 30 days to issue its report.
The Mansfield Township Environmental Commission may, subject
to the approval of the Township Committee, acquire property, both
real and personal, in the name of the Township of Mansfield 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. In acquiring any such property, the Mansfield
Township Environmental Commission may 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 reservations) 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 Township.
The Mansfield Township Environmental Commission shall keep records
of its meetings and activities and shall make an annual report to
the Township Committee of the Township of Mansfield.
The Township Committee of the Township of Mansfield may appropriate
funds for the expenses incurred by the Mansfield Township Environmental
Commission. The Mansfield Township Environmental Commission may appoint
such clerk and other employee as it may from time to time require
and as shall be within the limits of the funds appropriated to it.
The Mansfield Township Environmental Commission may, with the approval
of the Township Committee, seek and make application for grants to
assist it in the performance of its duties.
Chapter 27 of the Mansfield Township Code "Land Use Procedures," Checklist A "General Checklist," Checklist B "Site Plan Checklist," Checklist C, "Major Subdivision Checklist," Checklist D, "Minor Subdivision Checklist" and Checklist E, formerly known as "Land Development Checklist for Applications to Zoning Board of Adjustment" and hereby amended to be Checklist E "Checklist for Variance Applications" is and are hereby amended to include and require copies of the complete application, including all plans and reports, to be submitted to the Mansfield Township Environmental Commission. To the extent required, all provisions in the Code of Mansfield Township involving and/or requiring review of applications for development by the Planning Board of Mansfield Township sitting as a Joint Land Use Board, including Chapter 44A "Site Plan Review," Chapter 50, "Subdivision of Land" and Chapter 60 "Zoning" are hereby amended to provide that the Board shall consider the written report containing the comments and recommendations of the Mansfield Township Environmental Commission in the review and decision on said applications for development.
