[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 11-21-2000 by Ord. No. 1510. Amendments noted where applicable.]
[Amended 9-28-2021 by Ord. No. 2044]
There is hereby established, pursuant to N.J.S.A. 40:56A-1,
in the Borough of Middlesex an Environmental Commission of seven members,
all of whom shall be residents of the Borough, and one of whom shall
also be a member of the Joint Land Use Board. The Mayor shall appoint
all members of the Commission. Where there is a vacancy in the office
of Mayor, the power of appointment hereby accorded to the Mayor shall
be vested in the duly designated acting Mayor. All members of the
Commission shall serve without compensation.
The terms of office of the first Commissioners
shall be for one, two or three years, from January 1 of the year of
his/her appointment, 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 and their successors shall be appointed for terms of three
years and until the appointment or qualification of their successors.
The Mayor shall designate one of the members to serve as Chairman
and presiding officer of the Commission.
A.Â
There shall be two alternate members, and alternate
members shall serve for terms of two years from January 1 of the year
of his/her appointment, 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 then one alternate
member shall expire in any one year. Such alternate members shall
be designated at the time of appointment by the authority appointing
them as "Alternate No. 1" and "Alternate No. 2."
B.Â
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
No. 1 shall vote first.
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. A vacancy occurring
otherwise other than by expiration of term for an alternate member
shall be filled by the appointed authority for the unexpired term
only.
The Mayor or governing body of the municipality
may remove any member of the Environmental 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. The power of removal hereby accorded to the Mayor 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.
A member of the Commission, as well as an alternate
member, shall not be permitted to act on any matter in which that
member has directly or indirectly any personal or financial interest.
A.Â
The Environmental Commission shall have the 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 it is purposes.
B.Â
The 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 Joint Land
Use Board plans and programs for inclusion in a municipal Master Plan
and the development and use of such areas.
[Amended 9-28-2021 by Ord. No. 2044]
The 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
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 lessor
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 municipality.
The Environmental Commission shall keep records
of its meeting and activities and shall make an annual report to the
governing body of the municipality.
The governing body of a municipality may appropriate
funds for the expenses incurred by the Environmental 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.
The Environmental Commission shall have 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,
marine resources and protection of flora and fauna.
