[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."
A.
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 Land Use 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 than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
[Amended 12-11-2006 by Ord. No. 542]
B.
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.
[Amended 12-11-2006 by Ord. No. 542]
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 Land Use 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.
