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Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[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Editor’s Note: This ordinance also repealed former Art.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.