As used in this chapter, the following terms shall have the
meanings indicated:
CONTRACTING LOCAL UNIT
A municipality which enters into a contract with another
municipality for the construction, maintenance, improvement, acquisition,
or financing of a flood control facility for its own use.
CONTRACTOR
A local unit which enters into a contract with a contracting
local unit to construct, maintain, improve, acquire or finance flood
control facilities for the contracting local unit.
COST
The cost of construction, reconstruction or maintenance and
improvement, the cost of all labor, materials, machinery and equipment,
the costs of all lands, property, rights and easements acquired, financing
charges, interest on bonds issued to finance a facility prior to,
during and after acquisition or construction, the cost of plans and
specifications, surveys or estimates of costs and of revenues, the
cost of engineering and legal services, and all other expenses necessary
or incidental to determining the feasibility or practicability of
the construction, reconstruction, improvement or maintenance of a
facility, administrative expenses and such other expenses as may be
necessary or incidental to the construction, maintenance or acquisition
of a facility, and the financing herein authorized. Any obligation
or expense incurred by a local unit in connection with any of the
foregoing items of cost prior to the issuance of bonds or notes as
authorized herein may be reimbursed to the local unit out of the proceeds
of bonds issued under the provisions of this chapter.
FLOOD CONTROL FACILITIES
The dams, drainageways, structures and other real and personal
property acquired, constructed, operated, financed, maintained or
improved, or to be acquired, constructed, operated, financed, maintained
or improved, by a local unit for the purposes of flood control, including
storage reservoirs, dikes, diversions, dams, spillways, levees, revetments,
drains, ditches or channel improvements, such as widening, deepening,
straightening, clearing, desnagging, sloping, building and filling
in, and other plants, structures, boats, conveyances and other real
or personal property and rights therein, and appurtenances necessary
for the control of flooding, the preservation of stream flow and the
management of surface water and stormwater, including any storm sewers,
storm drains, drainage facilities, and detention basins, and the dredging
or desnagging of any drainageways.
LEAD AGENCY
The Township of Little Falls will function as lead agency
for the Passaic Valley Flood Control Board. Improvements and/or programs
to protect the public health, safety and welfare proposed by the Board,
including, but not limited to, potential acquisition, construction,
financing, improvement, maintenance and operation of flood control
facilities, will require each member municipality to authorize and
approve all projects and establish funding requirements prior to moving
forward with said project and authorizing the appropriate documents
for designation as lead agency.
Once the Board is appointed pursuant to other provisions of
this chapter, the Board may make, or cause to be made, any necessary
surveys, investigations, studies, borings, maps, plans, drawings and
estimates of costs and of revenues relating to the provision of flood
control facilities on the Passaic River and the Peckman River; provided,
however, that the Board's recommendations are approved by the
member municipalities and the lead agency first secures or approves
the funding by way of grants for such surveys, investigations and
the like.
Upon the adoption of such necessary ordinances or resolutions
of the Borough of Woodland Park and the Borough of Totowa upon passage
in advance of a resolution adopted by the Mayor and Council of the
Township of Little Falls and subject to the approval of the Little
Falls Township Attorney as to the form of such contracts, the Township
of Little Falls as lead agency shall enter into an interlocal contract
with the local contracting units of the Borough of Woodland Park and
the Borough of Totowa to construct, maintain, improve, acquire, or
finance a flood control facility for the benefit of the member municipalities.
Such interlocal contract may address the following items: administrative
organization; governance; election of officers; staffing and personnel;
budget; funding by constituent municipalities; property arrangements;
meetings; insurance; indemnification; community participation; and
any other requirements pursuant to N.J.S.A. 40:8A-1 et seq., or other
applicable statutes.
Any budgetary funding provided by the Township of Little Falls
for the operation of the Little Falls - Woodland Park - Totowa Passaic
Valley Regional Flood Control Board shall be subject to the annual
availability and appropriation of sufficient funds.