[Adopted 11-16-1998 by Ord. No. 1712 (Ch. 14 of the 1989 Code)]
There is hereby created in the Borough of Hawthorne an Environmental
Commission pursuant to N.J.S.A. 40:56A-1 et seq., with the membership,
powers, duties and responsibilities hereafter set forth in this chapter.
A.
The Commission shall consist of seven regular and two alternate members
appointed by the Mayor with advice and consent of the Council. One
regular member shall also be a member of the Borough Planning Board,
and all regular and alternate members shall be residents of the Borough
of Hawthorne.
B.
All members of the Commission shall serve without compensation.
C.
The Mayor shall designate annually one regular member to serve during
the ensuing calendar year as Chairman and presiding officer of the
Environmental Commission.
D.
Members shall not be permitted to act on any matter in which they
have either, directly or indirectly, any personal or financial interest.
E.
Alternate members shall be designated at the time of their appointment
as Alternate No. 1 and Alternate No. 2. 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.
Regular members. Initially, two Commissioners shall be appointed
for one-year terms, two for two-year terms and two for three-year
terms. Thereafter, each appointment shall be for three-year terms.
The initial terms shall commence immediately upon appointment, but
shall continue until December 31 of the year in which such term expires,
and thereafter each term shall commence on January 1 of the year of
appointment and expire on December 31 of the year of expiration. 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
the original appointment.
B.
Alternate members. The terms of the alternate members shall be for
two years, except that the terms of 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 a term shall be filled for the unexpired term in the same manner
as the original appointment.
A.
The Mayor or the Municipal Council may remove any regular member
of the Commission for cause, on written charges served upon the member
and after a hearing thereon before the Council, at which the member
shall be entitled to be heard in person or by counsel.
B.
An alternate member may, after public hearing, if he requests one,
be removed by the Municipal Council for cause.
The Environmental Commission shall keep minutes of its meetings
and records of its activities and shall make an annual report to the
Municipal Council of the Borough of Hawthorne.
The meeting schedule shall be announced in the beginning of
each year and shall be advertised in accordance with the Open Public
Meeting Law, P.L. 1975, c. 231 (N.J.S.A. 10:4-6 et seq.). The public
is invited to attend and participate in all matters affecting their
interest. Minutes and records shall be placed on file in the office
of the Borough Clerk and made available to the public upon a reasonable
request to provide a copy for their review.
A.
The Municipal Council shall, each year, appropriate such funds as
it deems appropriate for the expenses to be incurred by the Environmental
Commission.
B.
The Environmental Commission may, with the advice and consent of
the Mayor and Municipal Council, appoint such clerks and other employees
as it may from time to time require and within the limits of the funds
appropriated to it.
The Environmental Commission shall have the following powers
and duties:
A.
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 of the proper use of such areas, and it may from
time to time recommend to the Planning Board plans and programs for
inclusion in the Borough Master Plan and for the development and use
of such areas.
B.
The Environmental Commission may, as it deems fit, 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.
C.
The Environmental Commission may advertise, prepare, print and distribute
books, maps, charts, plans and pamphlets which in its judgment it
deems necessary for its purposes.
D.
The Environmental Commission shall have the 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.
E.
The Environmental Commission is authorized to create, maintain and manage a Community Garden on lands owned by the Borough of Hawthorne and specifically designated for such purpose by the Mayor of the Borough of Hawthorne. The Commission may, in furtherance of such authorization, establish rules, regulations and policies regarding use of the Community Garden and collect fees as may be authorized by Chapter 220, Fees, as established and amended from time to time.
[Added 5-7-2014 by Ord. No. 2113-14]
A.
When the Commission has prepared and submitted to the Planning Board and the Board of Adjustment the index of natural resources referred to in the foregoing § 45-26, the Planning Board and the Board of Adjustment shall thereafter make available to the Commission an informational copy of every application for development submitted to either Board.
B.
The Environmental Commission shall review each application and may
provide its advice to the appropriate board, which advice shall be
conveyed through the delegation of one of its members or staff to
testify orally at the hearing on the application and to explain any
written report which may have been prepared and/or submitted to the
Board.
A.
The Commission may, but only with the prior approval of 2/3 of the
Municipal 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.
B.
Any such acquisition may be to acquire the fee or any lesser interest,
development right, easement (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 of
the Borough of Hawthorne.
