[Adopted 4-5-2011 by Ord. No. 2011-5[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
VI, Advisory Environmental Committee, adopted 11-3-2003 by Ord. No.
2003-16, and Art. VII, Advisory Open Space Committee, adopted 11-3-2003
by Ord. No. 2003-17, as amended.
[Amended 4-16-2019 by Ord. No. 2019-05]
There is hereby established an advisory committee to be known
as the Environmental and Open Space Committee to provide advice to
the Borough and its officials and boards for the protection and/or
development or use of the natural resources, environmentally sensitive
land areas, and open space located within the Borough, including recreational
areas, parks, playgrounds and playing fields.
A.
The Environmental and Open Space Committee shall consist of five
members and two alternates, all of whom are to be appointed by the
Mayor with the advice and consent of the Council. All members of the
Committee shall be residents of the Borough.
[Amended 4-16-2019 by Ord. No. 2019-05]
B.
The members shall serve staggered terms.
C.
Their successors shall be appointed for terms of three years. After
the initial appointments, all future appointments shall be made at
the Borough's annual reorganization meeting.
D.
The Committee shall annually designate one of its members to serve
as Chairperson.
A.
The Environmental and Open Space Committee shall have the power to
conduct research in the use of environmentally sensitive land areas
and open space within the Borough, including recreational areas, parks,
playgrounds and playing fields, and may coordinate with the activities
of any bodies organized for similar purposes, and may, with prior
Council approval, advertise, prepare, print and distribute books,
maps, charges, plans and pamphlets which it deems necessary.
[Amended 4-16-2019 by Ord. No. 2019-05]
B.
The Environmental and Open Space Committee shall keep an index of
all environmentally sensitive land areas, publicly or private owned,
including open marshlands, swamps and other wetlands, in order to
obtain information on the property use of such areas, and may recommend
to the Planning Board plans and programs for inclusion in the Master
Plan and the development and use of such areas.
C.
The Environmental and Open Space Committee may also recommend that
the Council acquire property, by gift, purchase, grant, bequest or
lease, as may be necessary to maintain, improve, protect, limit future
use of or otherwise conserve and properly utilize open spaces and
other land and water areas in the Borough.
D.
The Environmental and Open Space Committee shall have the power to
study and make recommendations concerning open space, environmentally
sensitive land preservation, water resource management, air pollution
control, solid waste management, noise control, soil and landscape
protection, environmental appearance, and the protection of flora
and fauna.
E.
The Environmental and Open Space Committee shall make comment, recommendations,
and/or findings on issues presented to it by the Mayor, Council, Planning
Board, Board of Adjustment and/or Board of Health, and shall provide
guidance and support on issues and matters of open space and the environment.
F.
The Environmental and Open Space Committee shall assist the Borough
in the establishment of an open space tracking program to catalogue
the state of undeveloped or underdeveloped lands in the Borough and
record the Borough's progress with respect to open space preservation.
G.
The Environmental and Open Space Committee may recommend to the Planning
Board plans and programs for inclusion in the Master Plan and the
development and use of open space areas.
H.
The Environmental and Open Space Committee shall develop a public
education program with the goal of promoting open space and environmental
preservation in the Borough.
I.
The Environmental and Open Space Committee shall periodically review
its function and submit a recommendation to the Borough Council as
to whether additional duties should be assigned or delegated to the
Committee.
J.
The Environmental and Open Space Committee shall assist the Borough
in the evaluation, establishment, and implementation of Green-related
actions. Those actions may include, but are not limited to, improving
energy efficiency, reducing the Borough's carbon footprint, encouraging
green building design, fostering sustainable land use, suggesting
more efficient equipment and vehicles, and promoting more effective
recycling and waste management.
K.
Upon review of the recommendations of the Environmental and Open
Space Committee, the Council shall make determinations relative to
the preservation of open space and the environment, and development
of outdoor recreation. The Council shall determine the amount of funds
from the Open Space Trust Fund to be expended within the financial
constraints established by the Council.
L.
The Environmental and Open Space Committee shall schedule monthly
meetings to address the matter before it.
M.
The Environmental and Open Space Committee shall review and recommend
rules and regulations concerning protection and/or development or
use of the natural resources, environmentally sensitive land areas,
and open space located within the Borough, including parks, playgrounds
and playing fields.
[Added 4-16-2019 by Ord.
No. 2019-05]
[Added 4-16-2019 by Ord.
No. 2019-05]
A.
Permits for special events in parks and recreation areas and facilities
shall be obtained by application to the approving authority with a
copy to the Recreation Director. A person seeking issuance of a permit
hereunder shall file an application stating:
(1)
The name and address of the applicant.
(2)
The name and address of the person, persons, corporation or association
sponsoring the activity, if any.
(3)
The day and hours for which the permit is desired.
(4)
The park or portion thereof for which the permit is desired.
(5)
Any other information reasonably necessary to make a determination
as to whether a permit should be issued hereunder.
(6)
Any variances required from park rules and regulations.
B.
Standards for issuance of a permit shall include the following findings:
(1)
That the proposed activity or use of the park will not unreasonably
interfere with or detract from the general public's enjoyment of the
park.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(3)
That the proposed activity or use that is reasonably anticipated
will not include violence, crime or disorderly conduct.
(4)
That the proposed activity will not entail extraordinary or burdensome
expense or police assistance by the Borough.
(5)
That the facilities desired have not been reserved for other use
on the date and hour requested in the application.
C.
Appeal.
(1)
Within 20 days after the receipt of an application, the approving
authority shall advise an applicant in writing of their decision to
grant or deny a permit; in the event of a denial, the notification
shall include the reason for the denial. Any aggrieved person shall
have the right to appeal to the Borough Mayor and Council by serving
written notice thereof on the Borough Clerk within five working days
of said refusal.
(2)
The Borough Council shall decide within 10 days from the receipt
of the appeal by the Borough Clerk, or at its first meeting after
the appeal, whichever is later. The decision of the Borough Council
shall be final.
D.
A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
said permits.
E.
An applicant for a permit may be required to submit evidence of liability
insurance covering injuries to members of the general public arising
out of such permitted activities, in such amounts as may from time
to time be determined prior to the commencement of any activity or
issuance of any permit.
F.
Revocation. The approving authority shall have the authority to revoke
any permit upon a finding of violation of any rule or ordinance or
upon good cause shown.
