[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 11-15-1993 by Ord. No. 411. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:56A-1 et seq., as amended, the Council of the Borough of Buena hereby establishes an Environmental Commission to be known as the "Borough of Buena Environmental Commission."
The Borough of Buena Environmental Commission shall consist of five members to be appointed by the Mayor, one of whom shall be a member of the Planning Board, and all of whom shall be residents of the Borough of Buena. The members of the Environmental Commission shall serve without compensation. The Mayor shall designate one of the members to serve as Chairman and Presiding Officer of the Commission, which designation shall be made yearly. The terms of office of the first Commissioners shall be for one, two or three years, as designated by the Mayor in making his initial appointments, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. The Mayor or Borough Council may remove any member of the Commission for cause, on written charges served upon the member, after providing such member with a hearing at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise then by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
There is hereby established two alternate members to the Environmental Commission who shall be appointed by the Mayor. 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 Number One and one year for Alternate Number Two, so that the term of not more than one alternate member shall expire in any one year. Upon appointment, the Mayor shall designate Alternate Number One and Alternate Number Two. An alternate member may, after public hearing if he requests one, be removed by the Borough Council for cause. 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 Number One shall vote first.
The Environmental Commission established under this chapter shall have 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 marsh lands, 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 programs for inclusion in a Municipal Master Plan and the development and use of such areas.
The Borough of Buena Environmental Commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the municipality, by gift, purchase, grant, bequest, devise or lease, for any of its purposes and shall administer such property for such purposes, subject to the terms of the conveyance or gift. Any acquisition made by the Commission may be a fee simple interest 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 of or otherwise conserve and properly utilize open spaces and other land and water areas in the Borough.
The Environmental Commission shall keep records of its meetings and activities and make an annual report to the Mayor and Council of the Borough.
The Commission may appoint such clerks and other employees as it may from time to time require, provided that the same be within the limit of funds appropriated to it by the Mayor and Council. Additionally, any other action taken by the Commission shall be consistent with appropriations made to the Commission by the Mayor and Council, and in no event shall the Commission undertake any activity or acquire any property which would cause such Commission to exceed the appropriation provided to it by the Mayor and Council.
The Environmental Commission shall have the power to study and make recommendations concerning open space preservation, water resource management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.