Stanhope City Zoning Code
ARTICLE XXII
Lake Musconetcong Regional Planning Board
[Added 2-28-1989 by Ord. No. 1989-2[1]]
[1]
Editor's Note: Section 2 of this ordinance stated as follows: "This ordinance shall take effect upon the adoption of substantially similar ordinances by the constituent municipalities and substantially similar resolutions by the constituent counties within six calendar months after the adoption of the first such ordinance or resolution by a constituent entity."
§ 100-166 Findings.
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.
§ 100-167 Establishment.
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.
§ 100-168 Function and duties; development application.
A.
The Lake Musconetcong Regional Planning Board shall submit an annual report to the governing body of each municipality and 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.
B.
Upon a Local Planning Board receiving a development application affecting lands adjacent to the lake or having any potential affect 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.
[Amended 5-28-2002 by Ord. No. 2002-5]
§ 100-169 Membership.
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 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 said members to be a resident of the municipality by which 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 (i) member; Netcong: two members; Roxbury: two members; and Stanhope: three members. The first member appointed by each municipal constituent shall serve for an initial term of four years; the second and third members appointed by each municipal constituent, if applicable, shall serve for initial terms of two years. Upon the 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.
§ 100-170 Expense.
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.
Costs and expenses.
(1)
The apportionment of costs and expenses of the Board shall be based upon the constituent municipalities' respective proportionate shares of shoreline and specific percentages attributed to the constituent counties, as follows:
Municipality | Percent | |
|---|---|---|
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 |
(2)
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.
§ 100-171 Duration; termination.
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 two-thirds (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.
