[Adopted 5-4-1972]
[Amended 3-3-1983 by Ord. No. 6-83]
There is hereby created in the Borough of Hopatcong a Commission of the Borough to be known and designated as the "Environmental Commission," instituted for the protection, development or use of the natural resources located within the territorial limits of the Borough of Hopatcong and pursuant to the provisions of Chapter 245 of the Laws of New Jersey, 1968.[1]
[1]
Editor's Note: See N.J.S.A. 40:56A-1 et seq.
A.
The Environmental Commission shall consist of seven
persons, all of whom shall be citizens of the United States and residents
of the Borough of Hopatcong and one of whom shall also be a member
of the Land Use Board. The members shall be appointed by the Mayor
and shall serve without compensation.
[Amended 3-3-1983 by Ord. No. 6-83; 9-5-2012 by Ord. No. 22-2012]
B.
The Commissioners first appointed shall hold office
for terms as follows: two members for one year, two members for two
years, three members for three years, respectively; provided, however,
that the term of any appointment made under this article during the
year 1972 shall be considered to have commenced on January 1, 1972.
C.
A vacancy on the Commission shall be filled for the
unexpired term in the same manner as the original appointment.
D.
Alternate members. The Mayor may also appoint not
more than two alternate members to the Environmental Commission. Said
members shall be designated at the time of appointment as "Alternate
No. 1" and "Alternate No. 2." An Alternate member shall possess the
same qualifications as a regular member.
[Added 12-5-1991 by Ord. No. 33-91]
(1)
The terms of the alternate member 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. A vacancy occurring otherwise than by expiration
of term shall be filled by the appointing authority for the unexpired
term only.
(2)
An alternate member shall not be permitted to act
on any matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the governing body for cause.
(3)
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.
Said Commission shall have the following powers:
A.
The promotion of conservation, antipollution, beautification
and development of the natural resources of the Borough of Hopatcong.
B.
The planning and implementing of and informing the
public about local conservation, antipollution and beautification
programs.
C.
The compiling and keeping of an index of all scenic
historic park recreation open areas, publicly or privately owned,
including open marshlands, swamps and other wetlands.
D.
The power to conduct research into possible use of
the open areas of the Borough of Hopatcong.
E.
Recommend to the Borough Land Use Board plans and
programs for inclusion in a Municipal Master Plan and the development
and use of such areas.
[Amended 9-5-2012 by Ord. No. 22-2012]
F.
Advertise, prepare, print and distribute books, maps,
charts, plans and pamphlets which, in its judgment, it deems necessary
for its purposes.
G.
Manage donated or purchased lands for conservation
purposes and operate conservation programs.
H.
Act as the coordinating agency of the community on
conservation matters and a liaison between local conservation needs
and regional, state and federal agencies ministering to those needs.
I.
The Commission, with the approval of the Council of
the Borough of Hopatcong, may from time to time acquire property,
both real and personal, in the name of the Borough of Hopatcong, by
gift, purchase, grant, bequest, devise or lease, for any of its purposes,
including, but not limited to, use as living museums, sites for scientific
study, areas for teaching of natural history, and conservation, places
of historic or prehistoric interest, and beauty and habitat for rare
and endangered plants and animals, 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 condition 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 Hopatcong.
[Amended 3-3-1983 by Ord. No. 6-83]
The Environmental Commission shall, subject
to approval of the Council, have exclusive control of lands acquired
for the purposes herein stated and may adopt suitable rules and regulations
for the use thereof and the conduct of all persons while on or using
the same.
The Commission shall keep records of its meetings
and activities and shall make an annual report on or before the first
day of January and submit the same to the Council of the Borough of
Hopatcong, which report shall be comprehensive and detailed, covering
operation, receipts, disbursements and expenditures for the full year.
[Amended 3-3-1983 by Ord. No. 6-83]
The Commission is authorized to adopt bylaws
governing its procedural operations. The Mayor shall designate one
of its members to serve as Chairman and presiding officer of the Commission.
The Mayor or Council of the Borough of Hopatcong
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.
[Amended 3-3-1983 by Ord. No. 6-83]
The Environmental Commission shall expend no
funds and shall incur no expenses, except to the extent and for the
items and purposes specified in the annual Borough budget approved
by the governing body.
[Amended 3-3-1983 by Ord. No. 6-83]
The Environmental Commission may appoint a Secretary
or Clerk and such number of custodians, supervisors and assistants
for the lands acquired for the uses and purposes herein mentioned
as they shall think necessary, but the salaries of all such Clerks,
custodians, supervisors and assistants shall be fixed and determined
by the Council of the Borough of Hopatcong, and, in addition thereto,
the total salaries of all such persons shall be within the limits
of the funds appropriated to the said Commission.
