[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.
A.
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.
B.
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:
A.
The total membership of the Board shall be 10, provided that the additional members may be appointed pursuant to Subsection D hereinafter.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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:
|
Municipality or County
|
Share of Expenses
| |
|---|---|---|
|
Borough of Netcong
|
18.7%
| |
|
Borough of Stanhope
|
32.7%
| |
|
County of Morris
|
12.5%
| |
|
Township of Byram
|
3.5%
| |
|
Township of Roxbury
|
20.1%
| |
|
County of Sussex
|
12.5%
|
C.
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.
