The Municipal Council of the Town of Irvington, in the County
of Essex, 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, 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.
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 therefor, and 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 article 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
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 to 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
|
Percent of Apportionment
|
---|
|
Elizabeth
|
30%
|
|
Union
|
36%
|
|
Hillside
|
16%
|
|
Irvington
|
18%
|
(c)
In the event 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 apportionment 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 January 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 § 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.