[Ord. 2002-07, 11/13/2002, § 1]
All recitals are herein incorporated by reference.
[Ord. 2002-07, 11/13/2002, § 2]
An advisory council to be known as the "Lower Mount Bethel Township Environmental Advisory Council" (hereinafter abbreviated "EAC") is hereby established for Lower Mount Bethel Township, Northampton County, Pennsylvania.
[Ord. 2002-07, 11/13/2002, § 3]
The purposes of the EAC shall be to advise local governmental agencies including, but not limited to, the Township's Board of Supervisors and Planning Commission on matters dealing with the protection, conservation, management, promotion, acquisition and use of natural resources including air, land, water and open space resources located within or affecting Lower Mount Bethel Township.
[Ord. 2002-07, 11/13/2002, § 4]
The EAC shall be composed of seven members.
Five members shall be residents of Lower Mount Bethel Township who shall be appointed by the Board of Supervisors. In addition to these five members, the Board of Supervisors will utilize its best efforts to appoint to the EAC, as additional members, one member of the Board of Supervisors and one member of the Planning Commission. In addition, the Board of Supervisors may also appoint a representative of a recognized conservancy or land trust to act as a consultant to the EAC.
The Board of Supervisors shall appoint any and all members of the EAC and shall also fill all vacancies.
If possible, members shall be from different regions of the Township so that there is a broad representation of the interests of the Township on the EAC.
[Ord. 2002-07, 11/13/2002, § 5]
The EAC member's term of office shall expire on the first Monday in January following the last year of his/her term of office.
The terms of office for any member of the EAC, who also serves as a member of another board or commission of the Township, shall be for one year.
Any resident appointed to the EAC, who is not a member of a board or commission affiliated with the Township, shall be appointed for a three-year term. Said terms shall be staggered for all members so appointed to the EAC and the initial appointments shall also be staggered so that approximately one-third of these memberships shall expire each year and the terms of their successors shall be three years each.
Prior to the expiration of a term of appointment, the Board of Supervisors and the Planning Commission shall provide to the Board of Supervisors, in writing, a recommendation for one of their members to be appointed to the EAC. However, the Board of Supervisors shall make the final determination as to the membership of and on the EAC.
Members of the EAC may resign at any time with written notice to the Board of Supervisors and the EAC.
Members may be removed by the Board of Supervisors, with or without the recommendation of a majority of the other EAC members, for misfeasance, malfeasance, nonfeasance, neglect, the failure to perform any of their duties or other just cause. Failure to attend either three consecutive regularly scheduled EAC meetings or four regularly scheduled EAC meetings during a consecutive twelve-month period shall constitute neglect. Said removal shall be at the sole discretion of the Board of Supervisors and is not appealable.
The Board of Supervisors shall appoint successors to EAC members (who resign or who are removed) to serve for the remaining term of the resigned or removed member or members.
[Ord. 2002-07, 11/13/2002, § 6]
Members of the EAC shall receive no compensation for their services but they may be reimbursed for reasonable expenses actually and necessarily incurred by them in the performance of their duties, provided that the incurring of said expenses has had the prior approval of the Board of Supervisors.
[Ord. 2002-07, 11/13/2002, § 7]
The EAC shall have the following specific powers:
Identify environmental problems.
Recommend plans and programs to the Board of Supervisors and other Township agencies for the promotion and conservation of the natural resources and for the protection and improvement of the quality of the environment within Lower Mount Bethel Township.
Make recommendations as to the possible use of open land areas within Lower Mount Bethel Township.
Promote a community environmental program.
Keep an index of all open space and environmentally sensitive areas, publicly or privately owned including, but not limited to, floodprone areas, wetlands and other unique natural areas for the purpose of obtaining information on the proper use of such areas.
Advise the Board of Supervisors and other Township agencies as to the acquisition of property, both real and personal and rights thereto, by gift, purchase, grant, bequest, easement, devise or lease in matters consistent with the purposes of this enabling Part 4C.
Consult with the Department of Environmental Protection, the Department of Conservation and Natural Resources, the United States Environmental Protection Agency, Environmental Advisory Councils (or their equivalents) in neighboring municipalities or states and any other appropriate County, State and Federal agencies and nongovernmental organizations on environmental issues affecting Lower Mount Bethel Township.
Undertake environmental tasks as requested by the Board of Supervisors but not to exercise any powers or perform any duties which by law are conferred or imposed upon an agency of the Commonwealth of Pennsylvania or the United States of America.
[Ord. 2002-07, 11/13/2002, § 8]
The Chairperson of the EAC shall be appointed annually by the Board of Supervisors. The EAC may select its own Vice-Chair and Secretary.
The EAC shall meet at least monthly and at other times as may be directed by the Board of Supervisors. Said meetings shall be advertised and open to the public.
The EAC shall keep written records of its meetings and activities and shall make a written annual report to the Board of Supervisors, which report shall be made part of the annual municipal report; or, if not, such written report shall be made known and available to the public for review and copying.
[Ord. 2002-07, 11/13/2002, § 9]
The Board of Supervisors may appropriate funds for the reasonable and necessary expenses incurred by the EAC in accordance with an annual budget. Appropriations may be expended for such administrative, clerical, printing and legal services as may (from time to time) be incurred and approved by the Board of Supervisors and shall be within the limits of the annual budget. The whole or any part of any funds so appropriated in any year may, with the approval of the Board of Supervisors, be placed in a conservation fund and allowed to accumulate from year to year or be expended in any year.