[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974 as Ch. 10 of the 1974 Code. Amendments noted where applicable.]
There is hereby created and established an Environmental Commission for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Borough of Mendham.
The Environmental Commission shall consist of seven members and two alternate members (if such alternates are appointed) appointed by the Mayor. One member shall also be a member of the Borough Planning Board. Three members shall also be members of the Shade Tree Advisory Committee. All members shall be residents of the Borough of Mendham.
[Amended 2-17-1998 by Ord. No. 4-98; 8-17-2017 by Ord. No. 7-17]
The members shall serve without compensation.
The Mayor shall designate one of the members to serve as Chairperson and presiding officer of the Commission.
The terms of the first Commissioners shall be for one, two or three years, to be designated by the Mayor in making his or her appointments so that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of three years and until appointment and qualification of their successors.
The Mayor or Council of the borough may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon 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 a term shall be filled for the unexpired term in the same manner as an original appointment.
[Added 2-17-1998 by Ord. No. 4-98]
Not more than two alternate members may be appointed by the Mayor. 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 member first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.
An alternate member shall not be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the governing body for cause.
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.
The Environmental Commission shall have the power to:
Conduct research into the use and possible use of the open land areas of the borough and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purpose.
Keep an index of all open areas, publicly or privately owned, including open marshlands, 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 or to the Mayor and Borough Council of the Borough of Mendham plans and programs for inclusion in a Municipal Master Plan and the development and use of such areas.
Establish rules and procedures for conducting its meetings.
Keep records of its meetings and activities and shall make an annual report to the Mayor and Council of the Borough of Mendham at least 30 days prior to December 31.
Select from its own members a Vice Chairperson and Secretary.
The Environmental Commission may, subject to the approval of the Borough Council, acquire property, both real and personal, in the name of the Borough of Mendham, 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 Borough of Mendham.
The Commission may appoint such clerks and other employees as it may require, provided that they shall be within the limits of funds appropriated for such purposes by the Borough Council.