[HISTORY: Adopted by the Township Committee of the Township
of Middletown 12-21-1998 by Ord.
No. 98-2531 (Ch. 39 of the 1996 Township Code);
amended in its entirety 4-19-2021 by Ord. No. 2021-3307. Subsequent amendments
noted where applicable.]
Pursuant to the provisions of N.J.S.A. 40:12-15.7, there is
hereby authorized and established a specific and dedicated tax to
be assessed and paid on all taxable property in the Township. The
monies collected pursuant to such specific and dedicated tax will
be used specifically and solely for those purposes set forth herein.
There is hereby created the Middletown Open Space, Recreation,
Floodplain Protection, and Farmland and Historic Preservation Trust
Fund (hereafter "Trust Fund"), to be administered by the Department
of Finance of the Township of Middletown subject to the provisions
of the within chapter, which Trust Fund shall have deposited in it
the special assessment of $0.03 per $100 of assessed property valuation.
In accordance with N.J.S.A. 40:12-15.7(a), the funds accumulated
within the Trust Fund shall be expended for any or all of the following
purposes, or any combination thereof, as determined by the governing
body:
A.Â
Acquisition of lands for recreation and conservation purposes;
B.Â
Development of lands acquired for recreation and conservation purposes;
C.Â
Maintenance of lands acquired for recreation and conservation purposes;
D.Â
Acquisition of farmland for farmland preservation purposes;
E.Â
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;
G.Â
Blue Acres projects.
The Township Finance Officer shall establish the Trust Fund
in a manner perpetually to keep separate and apart from all other
Township budgeted items all costs in connection therewith and all
funds collected pursuant hereto.
The Chief Financial Officer, together with the Tax Assessor
and Tax Collector, shall cooperate as necessary and convenient for
the administration of the Trust Fund, including but not limited to
creation of a separate line item on the municipal tax bills forwarded
to all taxpayers, identifying the Trust Fund as follows: "Middletown
Open Space, Recreation, Floodplain Protection, Farmland and Historic
Preservation Trust Fund Tax" and inserting opposite such separate
line item the amount to be collected for such fund as calculated pursuant
to the said $0.03 per $100 of assessed valuation, as most recently
approved by the voters at referendum conducted on November 3, 2020.
In the event the Township of Middletown shall become the beneficiary,
by way of gift, federal or state grant or other funding sources of
any lands or unrestricted funds, such lands and/or funds may, at the
discretion of the Township Committee be deposited in the the Trust
Fund, in the case of monies, or placed upon the Trust Fund's
register or open lands, as the case may be.
It is the intention of this chapter to comply with all applicable
state and federal programs governing the acquisition of lands for
active or passive recreational and like purposes.
All lands acquired through the program herein authorized shall
be set aside and dedicated for such corresponding purposes and all
deeds and other applicable documents shall so indicate.
All decisions respecting the acquisition and payment of such
lands shall be the determination of the Township Committee, subject
to applicable state and federal regulations.
