Township of Logan, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Logan 9-17-2013 by Ord. No. 3-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 108.
Parks and recreation areas — See Ch. 121.

§ 32-1 Intent.

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.

§ 32-2 Fund established.

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.

§ 32-3 Funding.

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.

§ 32-4 Use of funds.

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.

§ 32-5 Sale of property.

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.