Opinion | Conshohocken’s Borough Council’s move to limit role of Environmental Advisory Council opens door to potential for inconsistent review of the environmental impact of development

On the agenda for the Wednesday, April 15th meeting of Conshohocken’s Borough Council is a proposed ordinance that would make changes to how the Environmental Advisory Council (EAC) operates.

If passed, the big change is that the EAC will now only be allowed to make recommendations to the Borough’s various agencies, committees, and boards when Borough Council gives its blessing. That opens up the possibility of a Borough Council not authorizing the EAC to provide a recommendation of favored projects or allowing an EAC recommendation when it wants to hamper one.

The current Borough code reads:

§ 1-922
Coordination with Other Boards and Commissions.
[Ord. 2015-04, 12/16/2015]

The Environmental Advisory Council shall be advisory to and shall coordinate its activities with the Borough Council, Planning Commission, Shade Tree Commission, and any other Borough agencies, committees or boards.

The new ordinance would amend 1-992 to read as follows:

The EAC shall be advisory to Borough Council only, and shall not advise any other Borough agencies, committees or boards without the specific direction of Borough Council.

As you can see, the current code specifically mentions the Borough Council and the Planning Commission. Under the new code, it would be possible for a Borough Council to unevenly apply an environmentally-focused recommendation on proposed developments at the Planning Commission level.

Under § 1-923 of the current code, the powers of the EAC are outlined. Below is the current language from 1-923 and then the proposed language from the amendment follows in italics.

A. To identify environmental problems and recommend plans and programs to the Borough Council, the Planning Commission, and other committees and boards of the Borough for the promotion and conservation of the natural resources and for the protection and improvement of the quality of the environment within the Borough.

A. To identify environmental problems and recommend plans and
programs to the Borough Council for the promotion and conservation of the natural resources and for the protection and improvement of the quality of the environment within the Borough.


B. To make recommendations as to the possible use of open land areas of the Borough.

B. To make recommendations as to the possible use of open land areas of the Borough to Borough Council.

C. To promote a community environmental program, with particular emphasis on reducing carbon emissions and nonrecycled waste.

C. To make recommendations to Borough Council for a community
environmental program, with particular emphasis on reducing
carbon emissions and nonrecycled waste

D. To keep an index of all open space areas, publicly or privately owned, including but not limited to flood-prone areas, wetlands and other unique natural areas, for the purpose of obtaining information on the proper use of such areas.

D. To keep an index of all open space areas, publicly or privately owned, including but not limited to flood-prone areas, wetlands and other unique natural areas, for the purpose of obtaining information on the proper use of such areas.

E. To advise local governmental agencies, including but not limited to the Borough Council, Planning Commission, and Shade Tree Commission, on matters dealing with the protection, conservation, management, promotion, acquisition and use of natural resources, including air, land, water and open space resources, located within or affecting the Borough of Conshohocken.

E. To advise Borough Council on matters dealing with the protection,
conservation, management, promotion, acquisition and use of
natural resources, including air, land, water and open space
resources, located within or affecting the Borough of
Conshohocken.

F. To perform such other duties and responsibilities authorized by the Act and delegated by the Borough Council.

F. To perform such other duties and responsibilities as specifically
assigned by majority vote of Borough Council.

If environmental concerns are important the EAC should be permitted to provide a recommendation unencumbered by the whims of whatever politicians are currently elected.