Borough of Closter, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Closter as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tree preservation and removal — See Ch. 181.
[Adopted 6-23-1976 by Ord. No. 1976:284 (Ch. 33 of the 1967 Code)]
Pursuant to N.J.S.A. 40:56A-1 et seq., there is hereby established in and for the Borough of Closter, County of Bergen and State of New Jersey, an Environmental Commission to be known as the "Closter Environmental Commission."
A. 
The Environmental Commission should consist of seven members to be appointed by the Mayor of the Borough of Closter, provided that all members must be residents of the Borough of Closter. At all times one member of such Commission shall be a member of the Planning Board of the Borough of Closter and one member shall be a Councilman of the Borough of Closter. Should such member's term on the Planning Board or Council terminate, then a replacement from said bodies shall be designated to fill the unexpired term on said Commission in order to ensure such representation. The Mayor shall designate from said Commission one member to serve as Chairman of said Environmental Commission, whose duty it shall be to preside at all meetings. No member may receive any compensation, although expenses may be provided for upon approval by the Mayor and Council of the Borough of Closter.
B. 
Alternate members.
[Added 3-14-1990 by Ord. No. 1990:590]
(1) 
The Mayor of the Borough of Closter shall have full power to appoint two alternate members to the Environmental Commission in accordance with the requirements set forth below. The two alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2" at the time of appointment by the Mayor.
(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 so that the term of not more than one alternate member shall expire in any one year.
(3) 
Any vacancy occurring otherwise than by the expiration of term shall be filled by appointment by the Mayor for the unexpired term only.
(4) 
The alternate members shall serve without compensation. They may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
C. 
Associate members.
[Added 11-22-1999 by Ord. No. 1999:814]
(1) 
The Mayor of the Borough of Closter shall have full power to appoint associate members to the Environmental Commission in accordance with the requirements set forth below.
(2) 
The terms of the associate members shall be for one year.
(3) 
Any vacancy occurring otherwise than by the expiration of term shall be filled by appointment by the Mayor for the unexpired term only.
(4) 
The associate members shall serve without compensation. They may participate in discussions of the proceedings but may not vote.
The terms of members on the Environmental Commission shall be for three years or until the appointment and qualification of their successors. Any member may be removed for cause by the Mayor or by the Council of the Borough of Closter, provided that written charges are served upon said member and a hearing held thereon, at which time such members shall be entitled to be heard in person or by the Council. Should a vacancy occur other than by expiration of term, said vacancy shall be filled for the unexpired term. In order to first create said Environmental Commission, two members shall be appointed for one-year terms expiring December 31, 1976, two members shall be appointed for two-year terms expiring December 31, 1977, and three members shall be appointed for three-year terms expiring December 31, 1978. Thereafter as the aforesaid terms expire, there shall be at least two annual appointments then commencing a term of three years. Except for initial adjustments or for special aspects of the Planning Board and Council members, as set forth in § 16-2, all appointments shall commence the first day of January of the year in which the appointment is made.
A. 
The Environmental Commission shall have power as follows:
(1) 
To study and make recommendations concerning open space preservation.
(2) 
To study and make recommendations concerning water resources management.
(3) 
To study and make recommendations concerning air pollution control.
(4) 
To study and make recommendations concerning solid waste management.
(5) 
To study and make recommendations concerning noise control.
(6) 
To study and make recommendations concerning the protection of all shade trees (Ch. 16, Article II), soil and landscapes.
[Amended 12-20-1999 by Ord. No. 1999:815]
(7) 
To study and make recommendations concerning environmental appearances.
(8) 
To study and make recommendations concerning marine resources as well as protection of flora and fauna.
(9) 
To conduct research into the use or potential use of open land areas of the municipality.
(10) 
To coordinate the activities of other unofficial bodies or organizations concerned with the use of open space.
(11) 
To advertise, prepare, print and distribute books, maps, charts and pamphlets which, in its judgment, it deems necessary to effectuate the purposes and powers as herein set forth.
(12) 
To promote in general an environmental, ecological conservation and natural resources program for the Borough of Closter.
(13) 
To solicit recommendations for the allocation of the open space funds and report to the Mayor and Council with their findings.
[Added 12-20-1999 by Ord. No. 1999:815]
(14) 
The Commission may appoint committees to carry out any of the foregoing responsibilities. The committees shall be chaired by a Commission member and composed of associate members as delineated in § 16-2C.
[Added 12-20-1999 by Ord. No. 1999:815]
(15) 
The Commission shall be responsible for policies, procedures and application forms necessary to carry out it's responsibilities with the advice of the appropriate borough personnel.
[Added 12-20-1999 by Ord. No. 1999:815]
(16) 
To study and make recommendations concerning all of the Borough's parkland, preserves and natural open space.
[Added 10-12-2011 by Ord. No. 2011:1108]
B. 
In addition to the aforesaid, upon designation by the Mayor and Council, said Environmental Commission may act as liaison between other environmental commissions or governing bodies of other municipalities along with federal agencies on a county, state or federal level.
The Environmental Commission shall create and maintain an index of all open areas in the Borough of Closter for the publicly or privately owned areas in order to obtain information on the proper present and future use of such areas and may from time to time recommend to the Planning Board of the Borough of Closter such programs concerning such open space for inclusion in the Master Plan of the Borough of Closter and for prospective development and use of such areas.
When designated by the Mayor and Council of the Borough of Closter, the Environmental Commission may manage for environmental and conservation purposes such lands which are owned in whole or in part by the Borough of Closter by virtue of direct acquisition, condemnation or donation.
If authorized and approved by the Mayor and Council of the Borough of Closter, the Environmental Commission may 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.
The Environmental Commission shall convene no fewer than four times a year and may convene more often at the determination of the members of said Commission. Minutes shall be kept of all meetings and records maintained by said Commission of all of its activities. The Commission shall report periodically, as required by the Mayor and Council, to the Mayor and Council, but in any event the Commission shall make an annual report to the Mayor and Council indicating its accomplishments or activities for the preceding year and its plans or projects for the following year. Included in said reports shall be an accounting for any expenditures made during the period of the report.
In furtherance of § 16-2 of this chapter, the Chairman of the Environmental Commission shall organize said Commission within 30 days of its creation, and the Commission shall choose by majority vote a person designated to act in the absence of the Chairman. Said Commission is also authorized to adopt bylaws governing its procedural operation, which bylaws shall not become effective without the approval of the Mayor and Council of the Borough of Closter. Similarly, should the Commission be designated by the Mayor and Council to manage certain lands as set forth, such managing shall not necessarily be exclusive but may be jointly with the Mayor and Council or with other bodies or agencies of joint use as may be determined necessary by the Mayor and Council. In conjunction with said management, the Commission may recommend rules and regulations for the use of said properties and the conduct of all persons using the same, which rules shall be subject to the approval of the Mayor and Council or any joint agencies charged with the final responsibility for management of said lands.
The Environmental Commission shall have no powers to raise funds of its own other than the receipt of gifts of real or personal property, as hereinabove provided, with the exception that the Mayor and Council may authorize private fundraising activities if deemed necessary. The Mayor and Council may annually determine and appropriate sufficient sums for the care, custody, policing or maintenance of lands controlled, in whole or in part, by such Commission, which funds shall be raised by taxation as part of the municipal budget. In addition, the Mayor and Council may appropriate annually a sum for the expenses incurred by the Environmental Commission.
The Commission may appoint or employ a Secretary or Clerk and other personnel as may be necessary for the operation of the Commission and for custodial, supervisory or other care of lands within the jurisdiction of said Commission, provided that the expenditure of such funds must be within the limits of the total appropriation of funds made by the governing body on behalf of such Commission; provided further, however, that any salaries as opposed to expenses shall be fixed and determined by the Mayor and Council of the Borough of Closter and shall be included in the general Salary Ordinance of the Borough of Closter.[1]
[1]
Editor's Note: The Salary Ordinance is on file in the office of the Borough Clerk. Former Art. II, Protection of Trees, adopted 4-26-2000 by Ord. No. 2000:824, which immediately followed this section, was repealed 2-13-2002 by Ord. No. 2002:859. See now Ch. 59, Shade Tree Commission.