[HISTORY: Adopted by the Township Council of the Township
of Logan 9-17-2013 by Ord. No. 3-2013. Amendments noted where applicable.]
A.
It is the declared policy of the Council of the Township of Logan,
County of Gloucester and State of New Jersey, that the preservation
of lands for agriculture, open space, conservation, recreation and
historic preservation is of the highest priority in order to protect
and maintain the quality of life which residents of the Township now
enjoy and expect.
B.
The intent of this chapter is to establish a Municipal Open Space,
Recreation, and Farmland and Historic Preservation Trust Fund pursuant
to the authority granted to municipalities by the New Jersey Legislature
in N.J.S.A. 40:12-15.1 et seq. That statute permits municipalities
to create such trust funds and levy taxes for them when so authorized
by referenda duly submitted and approved by the voters.
C.
This chapter seeks to provide the widest possible authority to the
governing body, under the relevant statutes and the several referenda
approved by the voters of Logan Township,[1] to engage in preservation activities, including the acquisition
and improvement of lands or interests in lands and the payment of
debt service incurred for open space, farmland preservation, conservation,
recreation and historic preservation by the Township of Logan, independently
and in coordination with county and state agencies.
[1]
Editor's Note: The whereas clauses of Ord. No. 3-2013
provide the language used in the referendum held November 2, 1999,
at which a Municipal Open Space, Recreation, and Farmland and Historic
Preservation Trust Fund was approved by voters; the vote count; establishment
of a trust fund; the dedicated tax rate; and the purpose of Ord. No.
3-2013 to ratify and establish the trust fund. The complete text of
Ord. No. 3-2013 is on file in the Township offices.
There is hereby established, pursuant to N.J.S.A. 40:12-15.1
et seq., an account which shall be known and designated as the "Municipal
Open Space, Recreation, and Farmland and Historic Preservation Trust
Fund," which shall be maintained in accordance with N.J.S.A. 40A:4-1
and N.J.S.A. 40A:5-1, as amended and revised from time to time.
A.
All funds previously or subsequently levied for open space and farmland
preservation purposes pursuant to the referenda and ordinances shall
be maintained and deposited into the Municipal Open Space, Recreation,
and Farmland and Historic Preservation Trust Fund.
B.
The Municipal Open Space, Recreation, and Farmland and Historic Preservation
Trust Fund shall be funded through dedication to the fund of an amount
up to $0.01 per $100 of assessed valuation of each annual tax levy
commencing with the year 2000. The governing body shall, on an annual
basis, establish the open space tax rate based upon current economic
conditions, property valuation changes, and the estimated revenue
necessary to support and maintain the purposes of the Municipal Open
Space, Recreation, and Farmland and Historic Preservation Trust Fund.
The trust fund is permitted to accept gifts, donations and testamentary
bequests.
The Council of the Township of Logan shall use funds in the
Municipal Open Space, Recreation, and Farmland and Historic Preservation
Trust Fund for the acquisition and improvement of lands or interests
in lands (including costs of program administration), maintenance
and improvements to lands owned, controlled and/or acquired for active
and passive recreation and/or conservation purposes, and the payment
of debt service incurred for open space, farmland preservation, conservation,
recreation and historic preservation by the Township of Logan, independently
and in coordination with county and state agencies.
No real property or interest therein, acquired with the funds
from the Municipal Open Space, Recreation, and Farmland and Historic
Preservation Trust Fund, shall be sold, conveyed, leased or otherwise
alienated, unless it is needed for another public use or otherwise
furthers the purpose of the trust.
