[Adopted 12-13-2011 by Ord. No. 3955]
A.
There exists along the Raritan and Millstone Rivers and their tributaries
certain problems of flooding and flood prevention which concern several
municipalities and Somerset County, as well as other governmental
bodies.
B.
The various governmental units affected by such drainage basin recognize
the need for cooperation efforts to prevent future floods and to alleviate
flooding and flood hazards.
C.
Chapter 316, P.L. 1971, authorizes the establishment of a joint Flood
Control Commission and provides that the participating municipalities
and counties may enter into such a Commission and may define and limit
the areas of responsibility and authority of such a Commission, and
may set forth the terms under which appropriations shall be made by
the participating municipalities and counties. (1973 Code § 1:6).
The Township of Franklin in the County of Somerset, State of
New Jersey, agrees to participate in the creation of and operations
of the Raritan and Millstone Rivers Flood Control Commission, pursuant
to Chapter 316, P.L. 1971, as follows:
A.
The municipalities and counties invited to participate in the Commission
are: Bridgewater Township, Franklin Township, Hillsborough Township,
the Borough of Manville, the Borough of Millstone, Montgomery Township,
Raritan Borough, the Borough of Rocky Hill, the Borough of Somerville,
the Borough of South Bound Brook and the County of Somerset.
[Amended 9-9-2014 by Ord. No. 4073-14]
B.
The Raritan and Millstone Rivers Flood Control Commission shall be
established in accordance with Chapter 316, P.L. 1971 of the State
of New Jersey.
C.
The Raritan and Millstone Rivers Flood Control Commission shall:
(1)
Collect, study and analyze data on flooding, past floods and the
causes of floods in the area;
(2)
Make such data and studies available to the participating members,
to the Division of Water Policy and Supply, the Army Corps of Engineers,
local and county planning boards and officials concerned with subdivisions
and development of properties within the floodway and drainage areas;
(3)
Keep itself informed as to the availability of state and federal
funds and grants, and the procedures for applying therefor, and shall
make such information available to participating members;
(4)
Coordinate the activities of the participating members relating to
flooding, flood prevention, brook cleaning and the like;
(5)
Encourage the acquisition of lands within the floodway and low-lying
areas by appropriate County Park Commissions, counties or participating
municipalities;
(6)
Publicize methods of flood control and flood prevention;
(7)
Encourage its participating members and others to adopt appropriate
ordinances and regulations relating to flood control;
(8)
Encourage its participating members to support other programs designed
or intended to alleviate flooding;
(9)
Perform such other acts and fulfill such other functions as may be
permitted by law and as determined by the members, subject to the
limitations in this agreement and subject to the limitations as set
forth in Chapter 316, P.L. 1971.
D.
Appropriations.
(1)
The general, administrative and other expenses of the Commission,
affecting the Commission as a whole, shall be funded among the members
as follows:
(2)
Whenever a specific project is to be undertaken, involving less than
the interest of all of the participating members, or of special benefit
to less than all of the participating members, the apportionment of
the costs thereof shall be agreed upon by the participating members
specially benefited thereby in advance of authorization of such project.
(3)
The initial funding requirements set forth herein may be changed
by agreement among the participating municipalities and Somerset County,
which additional funding is subject to the consent of the governing
body of each participating municipal member and the Board of Chosen
Freeholders of Somerset County.
E.
Budget.
(1)
The tentative annual budget for the Commission shall be adopted by
the Commission no later than January 15 of each year, and such adoption
shall be by a vote of a Somerset County representative and a representative
from each municipality. A copy of such tentative budget shall be sent
to the governing body of each of the County and municipalities within
one week of the adoption thereof. Such notice shall include notification
of the date fixed by the Commission for final adoption of such budget,
which shall be at least three weeks after the date of tentative adoption
by the Commission.
(2)
Expenditures outside the regular budget for special projects involving
Somerset County or the participating municipalities (but less than
the entire Commission) shall be negotiated and arranged separately
among the involved participating members and the Commission.
F.
Quorum. Any number of members of the Commission shall have the right
to meet at regularly scheduled meetings. Any action taken involving
the expenditure of funds, other than clerical and mailing connected
with the usual business of the Commission, shall be adopted only at
a meeting at which there are at least one county representative and
at least nine municipal representatives (regardless of the total number
of municipalities represented thereby).
G.
Withdrawal. Each member municipality and county reserves the right,
pursuant to Section 2d of Chapter 316, Laws of 1971, to withdraw from
the Commission provided, however, that at least 90 days' notice of
such intention is given to the Commission, and provided further, that
such withdrawal after the adoption of the Commission budget for a
given year shall not abrogate the responsibility of the municipality
or county to meet its obligations under the budget for such year (1973
Code § 1:6-1).
A.
The Township Council shall appoint two representatives to the Commission;
either or both of the representatives may be a member of the Township
Council or hold other elective or appointive office in the Township.
B.
In addition to such representatives, the Township Council may appoint
two alternate representatives to the Commission, who shall serve for
the terms of one year each, or until the appointment and qualification
of their successors. Such alternates shall have the right to attend
all meetings of the Commission and take part in all discussions. The
alternates shall be designated as first alternate and second alternate
and in such order may represent the Township and vote in the event
or the absence or disability of one or both of the regular representatives.
C.
Each regular representative shall serve for a term of five years,
or until his successor has been appointed and has qualified, except
that any appointed representative who holds another elected or appointed
public office shall serve as such representative for the term of his
elected or appointed office and only so long as he shall hold such
elected or appointed public office, notwithstanding his term of appointment
as such representative. Appointments to vacancies caused by the death,
resignation or other inability to serve of a representative shall
be filled for the balance of the term only. No alternate representative
shall automatically succeed to a regular representative position upon
a vacancy occurring in a regular position. (1973 Code § 1:6-2).
