[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 4-23-1992 by Ord. No.
4-92. Amendments noted where applicable.]
There is hereby created an Environmental Commission for the
protection, development or use of the natural resources located with
the territorial limits of the Borough of Clayton pursuant to the provisions
of Chapter 245 of the Laws of New Jersey 1968 (N.J.S.A. 40:56A-1 to
40:56A-5).
A.
The Commission shall consist of seven members appointed by the Mayor,
one of whom shall also be a member of the Planning Board and all of
whom shall be residents of the Borough of Clayton. The members shall
serve without compensation except as hereinafter provided. The Mayor
shall designate one of the members to serve as Chairperson and presiding
officer of the Commission. 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, and their successors shall be appointed
for terms of three years and until the appointment and qualification
of their successors. The first members of the Commission shall be
appointed for the following terms:
B.
In addition, the Commission shall consist of two alternate members, who
shall be designated as Alternate No. 1 and Alternate No. 2. 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
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. Any vacancy
occurring otherwise than by expiration of term shall be filled by
the Mayor for the unexpired term only. 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.
C.
The Mayor and Borough Council 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.
D.
The Commission may consist of honorary members appointed by the Mayor,
who shall be permitted to participate in discussions of the proceedings
of the Commission but who shall not be permitted to vote. Such member
or members shall serve a one-year term.
[Added 3-25-2010 by Ord.
No. 1-2010]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Borough of Clayton. The Commission shall
have the power to conduct research into the use and possible use of
the open land areas of this 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 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 Board plans and programs for inclusion in the Master
Plan and the development and use of such areas.
The Environmental Commission may, subject to the approval of
the Borough 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.
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the Borough Council.
The Commission may appoint such clerks and other employees as
it may from time to time require, provided that the same shall be
within the limits of funds appropriated to it by the Borough Council.
