[Adopted 6-2-1988 (Ch. 20 of the 1981 Code)]
The Environmental Commission is established for the protection, development or use of natural resources, including water resources, located within Allamuchy Township.
[Amended 11-29-2023 by Ord. No. 2023-17]
A. 
The Commission shall consist of five members, appointed by the Mayor of the municipality, one of whom shall also be a member of the Municipal Land Use Board and all of whom shall be residents of the municipality, and two alternate members, appointed by the Mayor of the municipality, both of whom shall be residents of the municipality; the members shall serve without compensation. The alternate members shall be designated by the Mayor at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." The Mayor of the municipality shall designate one of the regular members to serve as Chair and presiding officer of the Commission.
B. 
Alternate members 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.
[Amended 11-29-2023 by Ord. No. 2023-17]
A. 
In appointing the first five Commissioners, the Mayor shall designate two Commissioners to have a term of three years, two Commissioners to have a term of two years and one Commissioner to have a term of one year. Thereafter, all Commissioners shall have terms of three years. The Mayor or governing body of the municipality 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 law to the contrary, the powers of appointment and removal hereby accorded to the Mayor of a municipality shall be vested in the elected official so designated or, where there is a vacancy in the office of the Mayor, in the duly designated acting member.
B. 
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. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
The Environmental Commission shall have power to conduct research into the use and possible use of the open land areas of the municipality 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 Land Use Board plans and programs for inclusion in a municipal master plan and the development and use of such areas.
An 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 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 municipality.
The Environmental Commission shall keep records of its meetings 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.
[Added 4-5-1990 by Ord. No. 8-90; amended 7-18-2006 by Ord. No. 2006-14]
When the Land Use Board of the Township of Allamuchy shall require the report of any professional environmental consultant employed by the Environmental Commission only in connection with applications for development then before the Land Use Board, the professional fee of such professional environmental consultant incurred in rendering a report to the Land Use Board as requested by such Board on an application for development shall be paid from the escrow established by the applicant with the Township of Allamuchy pursuant to the provisions of the Code of the Township of Allamuchy and the laws of the State of New Jersey. Nothing contained herein shall require any applicant before the Land Use Board to pay the cost of any such environmental consultant for services generally required to be performed by the environmental consultant for the Environmental Commission, such costs being solely the responsibility of the Environmental Commission within the budget limits established for such Commission by the Mayor and Council.