[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 12-12-1989
as Ord. No. 269. Amendments noted where applicable.]
The Mayor and Council of the Borough of Andover, County of Sussex. State
of New Jersey, find it appropriate to establish an Environmental Commission
in accordance with N.J.S.A. 40:56A-1 et seq. in order to provide for the protection,
development and use of natural resources, including water resources.
A.
Membership. The Andover Borough Environmental Commission
shall consist of no fewer than five nor more than seven members, one of which
shall be a member of the Planning/Zoning Board. All members shall be residents
of the borough and shall be appointed by the Mayor or such other elected official
designated according to law. Members shall serve without compensation except
as herein provided. The Mayor shall designate one member to serve as Chairman
and chief presiding officer of the Commission.
B.
Terms of office. The terms of the first Commissioners
shall be for one, two, or three years, to be designated by the Mayor in making
his appointments, so that the terms of approximately 1/3 of the members will
expire each year. Their successors shall be appointed for terms of three years
and until the appointment and qualification of their successors. The Mayor
or governing body 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. 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. Notwithstanding any other
provisions of the law to the contrary, the power of appointment or removal
hereby accorded the Mayor of a municipality shall be vested in the elected
official so designated or, where there is a vacancy in the office of Mayor,
in the duly designated Acting Mayor.
C.
Powers of the Commission. The Environmental Commission
shall have the power to conduct research into the use and possible use of
open space 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,
are necessary for its purposes. The Commission shall keep an index of all
open areas, publically 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/Zoning Board plans
and programs for inclusion in the Master Plan and the development and use
of such areas.
D.
Acquisitions by Commission. The Commission may, subject
to the approval of the Mayor and 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 of or otherwise conserve
and properly utilize open spaces and other land and water areas in the borough.
E.
Records and annual report. The Commission shall keep
records of its meetings and activities and shall make an annual report to
the Mayor and Council.
F.
Appropriation. The Mayor and Council may appropriate
funds for the expenses of the Commission. The Commission may appoint such
clerks and other employees as it may, from time to time, require and as shall
be within the limits of funds appropriated to it.
G.
Studies and recommendations. The Commission
shall have the power 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
and protection of flora and fauna. The Commission shall further have the powers
and advisory duties as are assigned to it by the governing body or requested
of it by the Planning/Zoning Board for the aid and assistance of the Planning/Zoning
Board in its performance of duties pursuant to N.J.S.A. 40:55D-1 et seq.
