[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield 5-14-1973. Amendments noted where applicable.]
A Commission for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Township of Chesterfield, County of
Burlington, State of New Jersey, is hereby established, said Commission
to be known as the "Chesterfield 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).
[Amended 10-12-2017 by Ord. No.
2017-13]
The Chesterfield 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 Chesterfield Township Committee;
one of whom shall be a member of the Chesterfield Township Planning
Board; and all of whom shall be residents of the Township. The members
of the Commission shall serve without compensation, except as hereinafter
provided.
The terms of office 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, and their successors shall be
appointed for terms of three years and until the appointment and qualification
of their successors.
The Mayor shall designate one of the members
of the Chesterfield Township Environmental Commission to serve as
Chairman and presiding officer of the Commission. Each year thereafter
the Commission shall elect a Chairman and presiding officer from among
its members.
The Mayor or Township Committee may remove any
member of the Chesterfield 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 Chesterfield 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 Chesterfield 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 Chesterfield Township Environmental Commission
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 of Chesterfield Township plans
and programs for inclusions in a municipal master plan and the development
and use of such areas.
A.
The Planning Board of Chesterfield Township shall
refer all subdivision applications and all site plans to the Chesterfield
Township Environmental Commission for recommendations as to the development
and use of the area within the subdivision or proposed site and for
its opinion on the effect of the subdivision or proposed site plan
on the surrounding area, based upon the studies made by the Chesterfield
Township Environmental Commission. The recommendations and the opinion
on the effect of the subdivision and site plan by the Chesterfield
Township Environmental Commission shall include, but not be limited
to, the consideration of the following within the subdivision:
(1)
Wetlands, floodplains, 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.
(7)
Architectural and landscape design.
B.
The Chesterfield Township Environmental Commission
shall act upon all referrals submitted by the Planning Board of Chesterfield
Township not later than 40 days following the referral. The failure
of the Chesterfield Township Environmental Commission to act within
the allotted time or a mutually agreed-upon extension with the subdivider
and the Planning Board shall be deemed to be a favorable recommendation
of the development or site plan and the proposed use of the area within
the subdivision or site plan with no opinion on the effect of the
subdivision or site plan on the surrounding area.
C.
The Commission shall be empowered to respond in a
similar manner as aforesaid on all other referrals made by the Township
Committee and other boards and agencies concerning, but not limited
to, new school construction programs, street-widening programs, storm
drainage systems, sewerage treatment plants, shade tree plantings,
parks and playgrounds improvements and use variance requests before
the Zoning Board of Adjustments.
The Chesterfield 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 Chesterfield,
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 Chesterfield 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 Chesterfield 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 Chesterfield.
The Township Committee of the Township of Chesterfield
may appropriate funds for the expenses incurred by the Chesterfield
Township Environmental Commission. The Chesterfield Township Environmental
Commission may appoint such clerk and other employees as it may from
time to time require and as shall be within the limits of the funds
appropriated to it.
