[Adopted 2-25-1975 by Ord. No. 2952 (Ch.
64, Art. II, of the 2004 Code)]
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, as follows:
A. The municipalities
and county participating in said Commission are: City of Elizabeth,
Township of Union, Township of Hillside, Township 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.
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.
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, 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.
[Adopted 9-27-1983 by Ord. No. 3665 (Ch.
64, Art. I, of the 2004 Code)]
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, as follows:
A. The municipalities
and county invited to participate in the Commission are:
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.
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.