[HISTORY: Adopted by the Township Council of the Township of Byram 3-6-1989 by Ord. No. 1-1989. Amendments noted where applicable.]
Lake Musconetcong and the surrounding beach area is a critical regional water resource. There is a desire among area and regional residents to maintain and enhance the recreational value of the lake and to address the concerns for future needs of clean water for both the local area and downstream watershed area. Currently, there is a serious eutrophication problem at the lake. Since governmental authority over Lake Musconetcong is fragmented among four municipalities, two counties and the state, in order to effectively address the problems now confronting the lake and its future enjoyment and potential, it would serve the needs of all concerned for said governmental authorities to join in the creation of a Lake Musconetcong Regional Planning Board.
The Lake Musconetcong Regional Planning Board is hereby created and established by and for the Boroughs of Netcong and Stanhope, the Townships of Roxbury and Byram, the Counties of Morris and Sussex and the State of New Jersey, pursuant to the authority contained in N.J.S.A. 40:55D-77 et seq.
The Lake Musconetcong Regional Planning Board shall make surveys, studies and regional plans for the physical improvement of Lake Musconetcong, including the shoreline and 50 feet of beachfront. Pursuant thereto, the Board shall make such recommendations for action by its constituent entities in furtherance of its goals as it deems necessary and beneficial. An annual report shall be submitted to the governing body of each municipality.
Upon a local Planning Board or Board of Adjustment's receiving a development application affecting lands adjacent to the lake or having any potential effect on the lake, the Secretary of said local Board shall immediately forward a copy of the application and plans to the Regional Board for its review. The Regional Board shall inspect the site and review the application and plans. The Regional Board shall then prepare a written advisory report to be returned to the local Board in a timely manner. The actual approval decision on the application shall be made only by the local Board.
The composition, membership and manner of appointment of the Lake Musconetcong Regional Planning Board shall be as follows:
The total membership of the Board shall be 10, provided that the additional members may be appointed pursuant to Subsection D hereinafter.
A total of eight members shall be appointed by the Mayors of the respective municipal constituents, each of the said members to be a resident of the municipality by whom he/she is appointed. The number of members to be appointed from each municipality shall be based on the proportionate amount of shoreline located in such municipality, as follows: Byram, one member; Netcong, two members; Roxbury, two members; and Stanhope, three members. The first member appointed by each municipality constituent shall serve for an initial term of four years; the second and third member appointed by each municipal constituent (if applicable) shall serve for an initial term of two years. Upon expiration of the initial terms of membership of all members, all terms thereafter shall be for a period of four years.
Each county constituent shall appoint one member to the Board for a term of three years. Such member shall also be a member of the County Planning Board and shall hold no other public office or position.
The Lake Musconetcong Regional Planning Board may, by resolution, provide that the Commissioner of the Department of Environmental Protection appoint as a member of the Regional Board a representative of that Department's Division of Parks and Forestry and an additional member who shall be a resident of one of the constituent municipalities but who shall not hold any public office or position excepting that of appointed membership on a municipal or other planning board.
The Lake Musconetcong Regional Planning Board may employ, contract for and fix the compensation of legal counsel, other than an attorney for a constituent municipality or county, and experts and other staff and services as it may deem necessary; provided, however, that such amounts may not exceed amounts appropriated for its use by the constituent municipalities and counties after their review and approval of the Board's annual budget.
The apportionment of costs and expenses of the Board shall be based upon the constituent municipalities' respective proportionate shares of shoreline and the specific percentages attributed to the constituents' counties, as follows:
The State of New Jersey shall contribute towards the expenses of the Lake Musconetcong Regional Planning Board through the provision of professional services to the Board.
[Amended 12-4-2006 by Ord. No. 24-2006]
This joint agreement creating and establishing the Lake Musconetcong Regional Planning Board shall have an indefinite duration. It may be terminated by a vote of 2/3 of the full authorized membership thereof or by the adoption of an ordinance by one of the constituent municipalities terminating its participation. Upon termination of the Regional Board pursuant to one of these two methods, the effective date of termination shall be as agreed to unanimously by the full authorized membership of the Board. In the event that unanimous agreement cannot be reached, termination shall be effective on the June 30 next succeeding the expiration of 12 full calendar months following the decision to terminate.