[Adopted by Ord. No. 1990-8 (Sec. 2-50 of the 1987 Revised General Ordinances)]
[Amended 3-9-2009 by Ord. No. 2009-6]
There is hereby created, pursuant to N.J.S.A. 40:56A-1, an Environmental
Commission which shall consist of seven commissioners plus two alternate
commissioners, who shall be designated at the times of their appointment
as "Alternate No. 1" and "Alternate No. 2," all of whom shall be residents
of the Borough of Red Bank and one of whom shall be a member of the
Planning Board. Each member of the Environmental Commission shall
be nominated and appointed by the Mayor only with the advice and consent
of the Borough Council and shall serve without compensation. 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.
General. The Commissioners of the Environmental Commission shall
serve for a term of three consecutive years. Alternate commissioners
shall serve for a term of two years, and until the appointment and
qualification of their successors.
[Amended 3-9-2009 by Ord. No. 2009-6]
B.
Terms of office of initial commissioners. The initial commissioners
shall serve for the following initial terms:
(1)
Two commissioners for a term of one year; and
(2)
Two commissioners for a term of two years; and
(3)
Three commissioners for a term of three years.
(4)
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 than one alternate member shall expire in any one
year.
[Added 3-9-2009 by Ord. No. 2009-6]
C.
Vacancy. A vacancy occurring otherwise than by expiration of the
terms shall be filled for the unexpired term by the Mayor with the
advice and consent of the Borough Council.
D.
Removal. The Mayor or the Borough Council of the Borough of Red Bank
may remove any member of the Commission for cause, on written charges
served upon the Commissioner and after a hearing thereon at which
the Commissioner shall be entitled to be heard.
E.
Exception. Notwithstanding any other provision herein to the contrary,
the term of any Commissioner common to the Planning Board shall expire
upon the expiration of the term of membership on the Planning Board.
A.
For purposes of administration, the Environmental Commission is hereby
placed within the Department of Administration, division of Planning
and Zoning.
B.
The Commission as a body shall designate one of the commissioners
to serve as chairman and presiding officer of the Commission for an
annual term of office.
C.
The Commission may establish any rules necessary for the orderly
conduct of its business. Any matter not covered by its adopted rules
shall be governed by Robert's Rules of Order. The rules must be ratified
by the Mayor and Council prior to its adoption.
D.
There shall be maintained a record, which shall be opened to the
public, of the Commission's resolutions, proceedings, and actions.
The Environmental Commission shall make an annual report to the Borough
Council.
The Environmental Commission shall have the following powers
and duties:
A.
To conduct research into the use and possible use of the open land
areas of the Borough of Red Bank.
B.
To 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, plans and programs for the
inclusion in a municipal master plan and the development and use of
such areas.
C.
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.
D.
To review and make recommendations on any major applications filed
before the Red Bank Planning Board and/or the Red Bank Zoning Board
of Adjustment.
E.
To have input into the impact of major applications in other contiguous
municipalities as they may impact upon the Borough of Red Bank.
F.
To comment on Master Plan reviews.
G.
To serve
as members of the Borough's "Green Team" to advance the Borough's
goals and objectives under the Sustainable Jersey Municipal Certification
Program, together with any and all other Green Team members appointed
annually by resolution of the Borough's governing body.
[Added 3-10-2021 by Ord. No. 2021-07]
The Environmental Commission may not acquire property, either
real or personal, in the name of the municipality either by gift,
purchase, grant, bequest, devise or lease or otherwise. The Environmental
Commission may recommend to the Borough Council the acquisition of
any such property, either real or personal, which may be necessary
to acquire, maintain, improve, protect, limit the future use of, or
otherwise conserve improperly utilized open spaces and other land
and water areas in the Borough of Red Bank.
The Commission shall include nonvoting liaison members from
the Borough of Tinton Falls, Borough of Little Silver, Borough of
Fair Haven, Borough of Shrewsbury and Township of Middletown; provided,
however, that the named contiguous municipalities agree to forward
and nominate a liaison member; and, provided further that the named
municipalities have adopted an Environmental Commission and have also
agreed to accept a liaison member from the Borough of Red Bank as
a nonvoting member of their Environmental Commission.
