Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Union as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-27-1983 by Ord. No. 3665 (Ch. A326, Art. I of the 1986 Code)]

§ 64-1 Participation.

The Township of Union in the County of Union agrees to participate in the creation and operation of the Morses Creek Flood Control Commission pursuant to Chapter 316, P.L. 1971,[1] as follows:
A. 
The municipalities and county invited to participate in the Commission are:
(1) 
City of Linden.
(2) 
Borough of Roselle.
(3) 
Borough of Roselle Park.
(4) 
Borough of Kenilworth.
(5) 
Township of Cranford.
(6) 
Township of Union.
(7) 
County of Union.
B. 
The Morses Creek Flood Control Commission shall be established in accordance with Chapter 316, P.L. 1971 of the State of New Jersey.
C. 
The Morses Creek 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 member, the Army Corps of Engineers, local and County Planning Boards and officials concerned with subdivisions and development of properties within the floodway and drainage area.
(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 the county 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 members, subject to the limitations in this ordinance and subject to limitations as set forth in Chapter 316, P.L. 1971.[2]
[2]
Editor's Note: See N.J.S.A. 40:14-16 et seq.
D. 
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 is at least one county representative and at least one representative from each municipality.
E. 
Each member municipality and county reserves the right, pursuant to Section 2 of said Chapter 316, P.L. 1971 [N.J.S.A. 40:14-17(d)], 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 responsibility and obligation under the budget for such year.
F. 
Appropriations.
(1) 
The general administrative and other expenses of the Commission, affecting the Commission as a whole, shall be apportioned among the members as follows:
(a) 
One-fourth thereof to be borne by Union County.
(b) 
Three-fourths thereof to be apportioned among the participating municipalities according to a formula taking into account the total area within the drainage basin, as a result of which the Union Township participation therein will amount to 3.13%.
(c) 
In the event that other municipalities with areas in the Morses Creek Drainage Basin decide to join the Commission, the formula used to obtain the foregoing percentage shall be reapplied to determine the apportionment among the remaining and participating municipalities.
(2) 
Whenever a specific project is undertaken involving less than the interests of all of the participating members or a 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 apportionments set forth herein may be changed by the agreement amount of the participating municipalities and county; provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in Subsection F(1) above, without the consent of the governing body of such participating member.
(4) 
Budget. 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 at least one county representative (regardless of the total number of counties represented thereby) and at least one representative from each municipality (regardless of the total number of municipalities represented thereby). A copy of such tentative budget shall be sent to the governing body of each of the participating counties 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.
[1]
Editor's Note: See N.J.S.A. 40:14-16 et seq.

§ 64-2 Municipal representation.

A. 
The Chairman of the Township Committee shall appoint, subject to the approval of said Committee, two representatives to the Commission. Either or both representatives may be a member of said Township Committee or any other elective or appointed official of said Township.
B. 
Each representative shall serve a term of five years or until his successor has been appointed and qualified, except that any appointed representative who holds other elective or appointive 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 public office, notwithstanding his term of appointment as such representative. Appointments to vacancies shall be fulfilled for the balance of the term only.
C. 
Alternate members.
(1) 
In addition to such representatives mentioned in § 64-2A hereof, the Chairman of the Township Committee shall also appoint, subject to approval of Committee, 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 Committee and vote in the event of the absence or disability of one or both of the representatives.
(2) 
No alternate representative shall automatically succeed to a representative position upon a vacancy occurring in a regular position.
[Adopted 2-25-1975 by Ord. No. 2952 (Ch. A326, Art. II of the 1986 Code)]

§ 64-3 Participation.

The Township Committee of the Township of Union in the County of Union agrees to participate in the creation of and operations of the Elizabeth River Flood Control Commission, pursuant to Chapter 316, P.L. 1971,[1] as follows:
A. 
The municipalities and county participating in said Commission are: City of Elizabeth, Township of Union, Township of Hillside, Town of Irvington and County of Union. Membership in said Commission is also open to Essex County and all other municipalities with area in the Elizabeth River Basin.
B. 
The Elizabeth River Flood Control Commission shall be established in accordance with Chapter 316, P.L. 1971 of the State of New Jersey.[2]
[2]
Editor's Note: N.J.S.A. 40:14-16 et seq.
C. 
The Elizabeth River 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 New Jersey Department of Environmental Protection, the United States Army Corps of Engineers, local and County Planning Boards and officials and agencies 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 therefore, and shall make such information available to participating members.
(4) 
Coordinate the activities of the participating members relating to flooding, flood prevention, stream maintenance and the like.
(5) 
Encourage the acquisition of lands within the floodway and floodplain, 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 stormwater control and land use in floodplains.
(8) 
Encourage its participating members to support regional 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 ordinance and subject to the limitations as set forth in said Chapter 316, P.L. 1971.[3]
[3]
Editor's Note: N.J.S.A. 40:14-16 et seq.
D. 
Appropriations.
(1) 
The general, administrative and other expenses of the Commission, affecting the Commission as a whole, shall be apportioned among the members as follows:
(a) 
One-fourth thereof to be borne by Union County. In the event that Essex County decides to join the Commission, the 1/4 amount shall be apportioned among the two counties on the basis of the total area of each county within the Elizabeth River Basin.
(b) 
Three-fourths thereof shall be apportioned among the member municipalities, according to a formula taking into account total area within the drainage basin and resulting in the following:
Municipality
Expenses
(percent)
Elizabeth
30%
Union
36%
Hillside
16%
Irvington
18%
(c) 
In the event that other municipalities with areas in the Elizabeth River Drainage Basin decide to join, the formula used to obtain the foregoing percentages shall be reapplied to determine the apportionment among the remaining and participating municipalities.
(2) 
Whenever a specific project is to be undertaken, involving less than the interests 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 apportionments set forth herein may be changed by agreement among the participating municipalities and counties; provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in Subsection D(1) above, without the consent of the governing body of such participating member.
E. 
Budget. The tentative annual budget for the Commission shall be adopted by the Commission no later than February 15 of each year, and such adoption shall be by a vote of at least one representative from each county, regardless of the total number of counties represented thereby, and at least one representative from each municipality, regardless of the total number of municipalities represented thereby. A copy of such tentative budget shall be sent to the governing body of each of the participating counties 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.
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 is at least one representative from each county and municipality.
G. 
Withdrawal. Each member municipality and county reserves the right, pursuant to Section 2d of said Chapter 316, Laws of 1971,[4] 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.
[4]
Editor's Note: N.J.S.A. 40:14-17d.
[1]
Editor's Note: N.J.S.A. 40:14-16 et seq.

§ 64-4 Municipal representatives.

Representatives.
A. 
The Township Committee shall appoint two representatives to the aforesaid Commission. One of said representatives shall be a professional with a background related to the area of storm drainage and flood control. The other of said representatives shall be either a member of the Township Committee or one of the officials of the municipality.
B. 
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 only so long as he shall hold such other 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.
C. 
In addition to the aforesaid two representatives, the Township Committee may appoint two alternate representatives to the Commission who shall serve for a term 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 municipality and vote in the event of the absence or disability of one or both of the regular representatives.