[HISTORY: Adopted by the governing body of the Township of Little Falls 1-23-2006 by Ord. No. 980. Amendments noted where applicable.]
Flood damage prevention — See Ch. 86.
Pursuant to the Municipal and County Flood Control Act, N.J.S.A. 40A:27-1 et seq., the Township hereby amends and supplements the Little Falls Code to include the following, entitled "Ordinance to Form and Establish the Little Falls - Cedar Grove - West Paterson Passaic Valley Regional Flood Control Board" (hereinafter, the "Board").
The Mayor and Council of the Township of Little Falls conclude that the public health, safety and welfare can best be assured by the establishment of the Board, and its review of the potential acquisition, construction, financing, improvement, maintenance and operation of flood control facilities in cooperation with other local units, as set forth in N.J.S.A. 40A:27-4.
The Mayor and Council of the Township of Little Falls find that the Board will contribute to the overall management of the surface water of the Passaic River and the Peckman River basins, insofar as those basins impact upon the properties located within the Township of Little Falls.
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.
- 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.
- 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, divisions, 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.
- LOCAL UNIT
- A municipality or county.
- MEMBER LOCAL UNITS
- The Township of Little Falls, the Township of Cedar Grove, and the Borough of West Paterson.
- MUNICIPAL AND COUNTY FLOOD CONTROL ACT
- N.J.S.A. 40A:27-1 et seq.
Once the Board is appointed pursuant to other provisions of this chapter, the Board shall 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; provided, however, the Board (or the Township of Little Falls on behalf of the Board) 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 West Paterson and Township of Cedar Grove, 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 or the Board, as the case may be, as contractor, shall enter into an interlocal contract with the local contracting units of the Borough of West Paterson and Township of Cedar Grove, to construct, maintain, improve, acquire, or finance a flood control facility for the use of all three municipalities. Such interlocal contract shall 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.
[Amended 8-14-2006 by Ord. No. 988]
In order to effectuate the establishment of the Board, the Township of Little Falls authorizes, upon the adoption of requisite like ordinances and the execution of such required contracts by the local contracting units of the Borough of West Paterson and Township of Cedar Grove, the creation of the Board, as set forth below.
The "Little Falls-Cedar Grove-West Paterson Passaic Valley Regional Flood Control Board" shall consist of three regular members from each of the Borough of West Paterson, Township of Cedar Grove and Township of Little Falls. Each of the regular members shall be appointed for a term of three years, except that upon the creation of the Board, the first, second and third appointed member of each of the member local units will be appointed for three-, two- and one-year terms, respectively, to effectuate a system of staggered terms. The members of the Board shall elect the Chair of the Board each year; however, a member from each of the member local units may serve as Chair only every third year.
There shall also be one alternate member from the Township of Little Falls who shall be appointed for a term of three years. The alternate member may attend Board meetings but can only participate and vote in Board proceedings in the absence or disqualification of a regular member from the Township of Little Falls.
The regular and alternate members of the Board from the Township of Little Falls shall be appointed by the governing body.
The Little Falls-Cedar Grove-West Paterson Passaic Valley Regional Flood Control Board shall jointly purchase, construct, improve, extend, enlarge or reconstruct flood control facilities on behalf of its member local units subject to the approval of the council or governing body of each of the member local units.
The Little Falls-Cedar Grove-West Paterson Passaic Valley Regional Flood Control Board shall jointly receive and accept, on behalf of its member local units, from the federal or state government or any agency thereof, grants for the planning, acquisition, purchase, construction, extension, enlargement, reconstruction, improvement or financing of any of these facilities and to receive and accept contributions from any source of either money, property, labor or other things of value to be held, used and applied for the purposes for which these grants and contributions may be made, subject to the approval of the council or governing body of each of the member local units.
Any budgetary funding provided by the Township of Little Falls for the operation of the Little Falls-Cedar Grove-West Paterson Passaic Valley Regional Flood Control Board shall be subject to the annual availability and appropriation of sufficient funds.
The creation of the Little Falls-Cedar Grove-West Paterson Passaic Valley Regional Flood shall be subject to and contingent upon each of the member local units satisfying all of the terms and conditions precedent contained in this chapter. The within ordinance is only an enabling ordinance, subject to all of the various statutes and contingencies mentioned herein, and shall only become fully operative once an interlocal contract is executed among the municipalities and this regional flood board is compliant with the Interlocal Act, the Municipal Services Act, "Pay-to-Play Statute," Acquisition and Construction of Public Improvement Act and other such similar Acts.
None of the municipalities herein shall be required by virtue of this chapter to expend any funds by virtue of this chapter. It is contemplated by this chapter that this is a joint undertaking among three municipalities to be separately funded by future grants and other such similar aid and funding as may be hereinafter designated by separate enactments.