[Ord. No. 123-87 § 1; Ord. No. 298-01 § 2]
There shall be established in West Cape May a Planning Board,
consisting of nine members and two alternates. The Board shall be
established pursuant to, and its membership and the terms thereof
shall comply with the provisions of the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., and particularly N.J.S.A. 40:55D-23, -23.1 and -25.
The Board shall have and shall exercise all the powers conferred on
it by the Municipal Land Use Law, and shall act consistently with
the authorizations therein conferred.
[Ord. No. 123-87 § 6]
Pursuant to N.J.S.A. 40:55D-25, the Planning Board shall exercise
all powers of a Board of Adjustment but the Class I member of the
Planning Board shall not participate in the consideration of applications
for development which involve variance relief pursuant to N.J.S.A.
40:55D-70(d).
[Ord. No. 123-87 § 7; Ord. No. 298-01 § 4]
The Planning Board shall annually elect a Chairman and Vice-Chairman
from the Class IV members and appoint a Secretary who may or may not
be a member of the Planning Board or a municipal employee. It may
also appoint and employ such other staff as it may deem necessary
subject to, however, the financial limitations of the amount appropriated
by the Board of Commissioners for the operation of the Planning Board.
[Ord. No. 123-87 § 8; Ord. No. 319-02 § 3]
The Planning Board shall have all the powers conferred upon
it by law, including the power to promulgate rules and regulations
for the conduct of its business, and the power to promulgate and adopt
checklists of required development details for the various types of
applications that come before it.
[Ord. No. 40-79 § 1]
There is hereby established within the Borough pursuant to N.J.S.A.
40:64-1 et seq. a commission which shall be known as the Shade Tree
Commission of West Cape May.
[Ord. No. 40-79 § 2; Ord. No. 198-22 § 1; Ord. No. 325-03 § 2]
The Commission shall consist of seven members and two alternate
members, appointed by the Mayor and all of whom shall be residents
of the Borough and serve without compensation except as hereinafter
provided. The alternate member(s) shall be designated at the time
of appointment as "Alternate No. 1" and "Alternate No. 2" and shall
serve during the absence or disqualification of any regular member
or members.
[Ord. No. 40-79 § 3; Ord. No. 325-03 § 3]
Except to fill vacancies, the term of each appointment is five
years. The Resolution making each appointment shall designate the
expiration date of the term of each appointee. Any vacancy occurring
in the Commission shall be filled for the unexpired term by the appointment
of the Mayor.
[Ord. No. 325-03 § 4]
The Commission shall select from its membership a chairman and
the appointment of a secretary who need not be a member of the Commission.
The secretary may be salaried even if a member of the Commission;
any such salary shall be fixed by the Governing Body of the Borough.
[Ord. No. 325-03 § 5]
Any vacancy occurring by reason of death, resignation or removal
shall be filled for the unexpired term by the Mayor.
[Ord. No. 40-79 § 4; Ord. No. 325-03 § 6]
The powers of the Commission are those powers specifically authorized
by N.J.S.A. 40:64-5. The Commission shall:
a.
Exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees and shrubbery now located,
or which may hereafter be planted, in any public highway, park, or
parkway, and including the planting, trimming, spraying, care and
protection thereof.
b.
Regulate and control the use of the grounds surrounding the same
as far as may be necessary for their proper growth, care and protection.
c.
Move or require the removal of any tree, or part thereof, dangerous
to public safety.
d.
Care for and control such parks and parkways; encourage arboriculture;
make, alter, amend and repeal, in the manner prescribed for in the
passage, alteration, amendment and repeal of ordinances by the Governing
Body of the Borough, any and all ordinances necessary or proper for
carrying out the provisions hereof.
e.
Administer treatment to, or remove, any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the Borough
and enter upon private property for that purpose, with the consent
of the owner thereof, provided the suspected condition is first confirmed
by a certificate issued by or on behalf of the Department of Agriculture.
[Ord. No. 325-03 § 7]
Any person who violates any subsection of this section shall,
upon conviction thereof, be subject to a fine of not less than $500
nor more than $1,500 for each violation. The Commission may require
a person who removed or otherwise destroys a tree in violation of
a municipal ordinance to pay a replacement assessment to the Borough.
The replacement assessment shall be the value of the tree as determined
by the appraisal of a trained forester or certified tree expert retained
by the Commission for that purpose.
[Ord. No. 325-03 § 8]
All monies collected in the Borough either as fines or penalties
for any violation of a rule or regulation of a Shade Tree Commission
or as a charge against real estate, under any provision of this section,
shall be forthwith paid over to the Borough officer empowered to be
custodian of the funds of the Borough.
[Ord. No. 296-01 § 1]
Pursuant to N.J.S.A. 40:56A-1, there is hereby established in
the Borough of West Cape May an Environmental Commission with the
powers and duties hereafter set forth in this section.
[Ord. No. 296-01 § 2]
a.
The Commission shall be composed of seven regular members and two
alternate members appointed by the Mayor. One regular member shall
also be member of the Borough Planning Board, and all regular and
alternate members shall be residents of the Borough.
b.
All members of the Commission shall serve without compensation.
c.
The Mayor shall designate one regular member to serve as the Chairman
and presiding officer of the Commission.
d.
Alternate members shall be designated 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. No member or alternate member may act on any matter
in which he has either directly or indirectly any personal or financial
interest.
[Ord. No. 296-01 § 3]
a.
Regular Members. Initially two Commissioners shall be appointed for
one-year terms, two for two-year terms and three for three-year terms.
Thereafter, each appointment will be for a term of three years. A
vacancy occurring 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.
b.
The terms of office of the alternate members shall be two years,
except that the term of office of the person initially appointed as
Alternate No. 2 shall be for one year, so that the terms of both alternate
members do not expire in the same year. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
[Ord. No. 296-01 § 4]
a.
The Mayor or Borough Commission may remove any regular member for
cause, on written charges served upon the member and after a hearing
at which the member shall be entitled to be heard in person or by
counsel.
b.
An alternate member may, after a public hearing if requested, be
removed by the Borough Commission for cause.
[Ord. No. 296-01 § 5]
The Commission shall keep records of its meetings and activities
and shall make an annual report to the Board of Commissioners.
[Ord. No. 296-01 § 6]
The meetings of the Commission shall be subject to the Open
Public Meetings Act, N.J.S.A. 10:4-6 et seq., and its records shall
be considered public documents.
[Ord. No. 296-01 § 7]
[Ord. No. 296-01 § 8]
The Environmental Commission shall have the following powers
and duties:
a.
It shall maintain an index of all open areas, publicly or privately
owned, including open marshland, 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 Planning Board, plans and programs
for inclusion in a Municipal Master Plan and the development and use
of such areas.
b.
It may conduct research into the use and possible use of the open
land areas of the municipality;
c.
It may coordinate the activities of unofficial bodies organized for
similar purposes;
d.
It may advertise, prepare, print and distribute books, maps, charts,
plans and pamphlets which in its judgment it deems necessary for its
purposes;
e.
It may, subject to the approval of the Board of Commissioners, 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.
f.
It may study and make recommendations concerning open space preservation,
water resource management, air pollution control, solid waste management,
noise control, soil and landscape protection, environmental appearance,
marine resources and protection of flora and fauna.
[Ord. No. 296-01 § 9]
a.
When the Commission has prepared and submitted to the Planning Board the index of natural resources referred to in Subsection 2-28.8a, the Planning Board shall thereafter make available to the Commission an informational copy of every application for development submitted for consideration.
b.
The Commission shall review each application and may provide its
advice to the Planning 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.
[Added 4-8-2020 by Ord. No. 578-20]
Pursuant to N.J.S.A. 26:3-1 et seq., there is hereby established
in the Borough of West Cape May a Local Board of Health with the powers
and duties hereafter set forth in this section.
a.
The Local Board of Health shall be composed of at least five members
and not more than seven regular members, appointed by the Mayor. The
Mayor may appoint up to two alternate members. All regular and alternate
members and shall be residents of the Borough.
b.
All members of the Local Board of Health shall serve without compensation.
c.
The Mayor shall designate one regular member to serve as the Chairman
and presiding officer of the Board.
d.
Alternate members shall be designated 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. No member or alternate member may act on any matter
in which he has either directly or indirectly any personal or financial
interest.
a.
Each of the three Board of Commissioners of the Borough of West Cape
May will automatically be appointed to serve as regular members for
a four-year term running concurrently with their term of elected office.
b.
Three regular member positions will be appointed by the Mayor for
two-year terms to begin and end on years that do not coincide with
the beginning and end of the Board of Commissioner terms.
c.
The seventh regular member position and two alternate members may
be appointed by the Mayor for a term of not less than one year nor
more than four years.
d.
A vacancy occurring otherwise than by expiration of term shall be
filled by the appointing authority for the unexpired term only.
e.
The resolution making each appointment shall designate the expiration
date of the term of each appointee. All terms shall be so arranged
so that the terms of not more than three members expire in any one
year pursuant to N.J.S.A. 26:3-6. The members of the initial board
may be appointed to partial or unexpired terms in order to conform
to the terms provided herein.
The Mayor or Borough Commission may remove any member for cause,
on written charges served upon the member and after a hearing at which
the member shall be entitled to be heard in person or by counsel.
The Local Board of Health shall keep records of its meetings
and activities and shall make an annual report to the Board of Commissioners.
a.
The meetings of the Local Board of Health shall be subject to the
Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and its records
shall be considered public documents.
b.
The Local Board of Health may determine the number and frequency
of meetings at their discretion, but shall hold at least one regular
meeting each year pursuant to N.J.S.A. 26:3-12.
The Local Board of Health shall have all powers provide by law
and including jurisdiction in matters of public health within the
Borough of West Cape May and to provide a forum to discuss health
and safety issues in the community.
