Essex County, NJ Chapter 87 Recreation and Open Space Fund and Board

[HISTORY: Adopted by the Essex County Board of Chosen Freeholders (now Board of County Commissioners) as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 74.

Park System Master Plan — See Ch. 78.

Article I Recreation and Open Space Trust Fund

[Adopted 1-6-1999 by Ord. No. O-1998-00034]

§ 87-1 Referendum; funding.

[Amended 12-27-2007 by Ord. No. O-2007-00032[1]]

A referendum was overwhelmingly approved by the Essex County voters on November 3, 1998, whereby the governing body of the County of Essex shall establish a County Recreation and Open Space Trust Fund pursuant to Public Law 1997, Chapter 24,[2] which shall be funded through the collection of property tax at a rate not to exceed $0.015 per $100 of total County equalized real property valuation.

[1] Editor's Note: This ordinance, increasing the maximum levy annual funding, was approved by County voters November 6, 2007.

[2] Editor's Note: See N.J.S.A. 40:12-15.1 et seq.

§ 87-2 Purposes of Trust Fund.

Said County Recreation and Open Space Trust Fund shall be used for any or all of the following purposes or any combination thereof as determined by the governing body:

A. Acquisition of lands for recreation and conservation purposes.

B. Development of lands acquired for recreation and conservation purposes.

C. Maintenance of lands acquired for recreation and conservation purposes.

D. Acquisition of farmland for farmland preservation purposes.

E. Historic preservation of historic properties, structures, facilities, sites, areas or objects, and the acquisition of such properties, structures, facilities, sites, areas or objects for historic preservation purposes.

F. Payment of debt service on indebtedness issued or incurred by the County of Essex for any of the above purposes, except for Subsection C above.

§ 87-3 Apportionment of money raised by taxation among municipalities.

A. Pursuant to N.J.S.A. 54:4-49, the amount of money to be raised by taxation for the County Recreation and Open Space Trust Fund shall be apportioned by the County Board of Taxation among the municipalities within the County.

B. The amount so apportioned shall be assessed, levied and collected as in the same manner and at the same time as the County taxes.

§ 87-4 Funds considered supplemental; condition.

Funds designated for maintenance and development will supplement the budget of the Essex County Department of Parks, Recreation and Cultural Affairs for maintenance and restoration and development of the Essex County Parks System, provided that the budget of the Essex County Department of Parks, Recreation and Cultural Affairs for maintenance of the Essex County Parks System continues at 1998 levels.[1]

[1] Editor's Note: Ordinance No. O-2004-00015, adopted 9-1-2004, provided that reference to the 1998 budget levels may be waived on an annual basis upon resolution of the Board of County Commissioners.

§ 87-5 Amount of tax.

[Amended 12-27-2007 by Ord. No. O-2007-00032]

A sum not to exceed $0.015 per $100 of equalized value, pursuant to Public Law 1997, Chapter 24, shall be collected annually and referred to as the "County Recreation and Open Space Trust Fund Tax."

§ 87-6 Dedicated fund for money collected.

The monies so collected be set aside by rider in a dedicated trust fund approved by the Division of Local Government to be used only for the purposes of the County Recreation and Open Space Trust Fund.

§ 87-7 Allocation of funds.

The funds in the County Recreation and Open Space Trust Fund shall be allocated by the County Executive with the advice and consent of the Board of County Commissioners following at least one public hearing on the subject.

Article II Recreation and Open Space Advisory Board

[Adopted 9-8-1999 by Ord. No. O-1999-00010]

§ 87-8 Membership of Advisory Board; terms.

[Amended 12-18-2014 by Ord. No. O-2014-00018][1]

A. The Essex County Recreation and Open Space Advisory Board will consist of 11 members, two of which shall be considered standing members:

(1) Director of the Essex County Department of Parks, Recreation and Cultural Affairs.

(2) Commissioner President or their designee.

B. Nine members will be appointed by the County Executive with the advice and consent of the Board of County Commissioners.

C. All members shall be appointed for three years.

[1] Editor's Note: Former § 87-8, Referendum; funding, was repealed 12-13-2006 by Ord. No. O-2006-00016. See § 87-1.

§ 87-9 Powers and duties. [1]

The Board shall have the following powers and duties:

A. Make recommendations to the County Executive regarding the overall administration of the County Open Space Acquisition Program established pursuant to the Public Law 1989, Chapter 30.

B. Prepare a park, recreation and open space plan for adoption by the County.

C. Develop and recommend to the County Executive a system to prioritize the selection of open space areas for acquisition, the system to include:

(1) Consideration of existing municipal, County and state plans.

(2) The identification of geographic areas for acquisitions based on established criteria.

(3) The identification of the type of land to be acquired for open space.

D. Develop and recommend to the County Executive a funding assistance program, which may include:

(1) Acquisition of lands for recreation and conservation purposes;

(2) Development of lands acquired for recreation and conservation purposes;

(3) Maintenance of lands acquired for recreation and conservation purposes;

(4) Acquisition of farmland for farmland preservation purposes;

(5) Historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, facilities, sites, areas, or objects for historic preservation purposes; and

(6) Payment of debt service on indebtedness issued or incurred by a county or municipality for any of the purposes set forth above.

[1] Editor's Note: Former § 87-9, Purposes of Trust Fund, was repealed 12-13-2006 by Ord. No. O-2006-00016. See § 87-2.

§ 87-10 Administration of program; annual report.

The County Recreation and Open Space Program shall be administered by the County Administration as determined by the County Executive. The Administration is to provide staff support to the Board and shall publish an annual public report at the end of the fiscal year, which shall be mailed to the mayor of each municipality.