The Borough of South River agrees to participate in the creation
and operation of the South Central Middlesex County Flood Control
Commission (the "Commission") pursuant to N.J.S.A. 40:14-16 et seq.
as follows:
A. The Boroughs of Helmetta, Jamesburg, Spotswood and South River and
the Townships of East Brunswick, Monroe and Old Bridge have been invited
to participate in the Commission; each municipality shall be entitled
to two regular representatives on the Commission.
B. The Commission shall be established in accordance with N.J.S.A. 40:14-16
et seq. (the "statute").
C. The 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 subdivision
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; and
(9) Perform such other acts and fulfill such other functions as may be
permitted by law and as determined by its members, subject to the
limitations in the authorizing resolution of the Middlesex County
Board of Chosen Freeholders and subject to the limitations as set
forth in the statute.
D. The Commission's appropriations shall be apportioned as follows:
(1) The general, administrative and other expenses of the Commission,
affecting the Commission as a whole, shall be apportioned among the
members in a manner to be determined by the members, not later than
120 days after the appointment of all representatives by the 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
specifically benefited thereby in advance of authorization of such
project; and
(3) The apportionment 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
without the consent of the governing body of such participating member.
The tentative annual budget for the Commission shall be adopted
by the Commission no later than 120 days after the appointment of
all representatives by the participating municipalities.
The operating procedures of the Commission shall be adopted
at a regular or special meeting of the Commission, but not later than
120 days after the appointment of all representatives by the participating
municipalities.
The Borough of South River reserves the right, pursuant to the
statute, to withdraw from the Commission; provided, however, that
the Borough of South River shall provide the Commission with at least
90 days' notice of such intention and, if such withdrawal is after
the adoption of the Commission budget for a given year, the Borough
of South River shall not be absolved from its responsibility to meet
its obligations under the budget for such year.