[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Byram 10-2-1974 as Sec. 2-23 of the Revised
General Ordinances of 1974. Amendments noted where applicable.]
[Amended 11-19-1990 by Ord. No. 14-1990]
There is hereby created in the Township of Byram
a Commission to be known as the "Byram Township Environmental Commission,"
in accordance with N.J.S.A. 40:56A-1 et seq.[1]
A.Â
The Commission shall consist of seven members and
two alternates appointed by the Mayor. One member of the Commission
shall be a member of the Municipal Planning Board and all members
shall be residents of the municipality.
[Amended 1-17-2006 by Ord. No. 3-2006]
B.Â
Of the original appointees, the terms of three members
shall be for one year, the terms of two members shall be for two years
and the terms of two members shall be for three years. Upon expiration
of the terms of the original appointees, successors shall be appointed
for terms of three years and shall serve until the appointment and
qualification of their successors.
C.Â
Alternate members shall be designated at the time
of appointment as "Alternate No. 1" and "Alternate No. 2." The terms
of the alternate members shall be for two years, except that the terms
of the alternate members first appointed shall be two years for Alternate
No. 1 and one year for Alternate No. 2. An alternate member shall
not be permitted to act in any matter in which he has either directly
or indirectly any personal or financial interest. 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.
[Added 1-17-2006 by Ord. No. 3-2006[1]]
D.Â
The members of the Environmental Commission shall
serve without compensation, but shall be entitled to be reimbursed
for actual expenses incurred in the performance of their duties.
E.Â
The Mayor and Township Council may remove any member
of the Commission for cause, on written charges served upon the member,
and after a hearing thereof at which the member shall be entitled
to be heard in person or by counsel. A vacancy on the Commission occurring
otherwise than by expiration of term shall be filled for the unexpired
term in the same manner as an original appointment. An alternate member
may, after public hearing if he requests one, be removed by the Township
Council for cause.
[Amended 1-17-2006 by Ord. No. 3-2006]
[Amended 11-19-1990 by Ord. No. 14-1990]
The Mayor shall designate one of the members
of the Environmental Commission to serve as Chairman and presiding
officer. The Commission may appoint such clerks and other employees
as it may from time to time require and as shall be within the limits
of funds appropriated to it.
Meetings shall be held at regular intervals
on such dates as the Commission shall determine and at the call of
the Chairman. The Commission shall keep records of its meetings and
activities and shall make an annual report to the Township Council.
The Environmental Commission shall have and
enjoy the following powers and duties:
A.Â
To conduct research into the use and possible use
of the open land areas of the Township.
B.Â
To coordinate the activities of unofficial bodies
organized for the purpose of promoting the conservation and development
of natural resources.
C.Â
To advertise, prepare, print and distribute books,
maps, charts, plans and pamphlets which, in its judgment, it deems
necessary for its purposes.
D.Â
To keep an index of all open areas publicly or privately
owned, including open marsh lands, swamps and other wetlands, in order
to obtain information on the proper use of such areas and from time
to time recommend to the Planning Board plans and programs for inclusion
in the Municipal Master Plan for the development and use of such areas.
E.Â
Generally to have the power to do all things necessary
to promote the conservation and development of the Township's resources,
to provide the impetus and take leadership in natural resources planning
and to inform the public about local conservation program and the
need for conserving the natural resources of the Township.
The Commission may, subject to the approval
of the Township Council, 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 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 or properly
utilize open spaces and other land and water areas in the municipality.