[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016]
Shall mean the securing of a fee simple or a lesser interest
in land, including but not limited to an easement restricting development,
by gift, purchase, installment purchase agreement, devise or condemnation.
Shall mean a corporation or trust exempt from Federal income
taxation under paragraph (3) of Subsection (c) of Section 501 of the
Federal Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)), whose
purposes include (1) acquisition and preservation of lands in a natural,
scenic, or open condition, or (2) historic preservation of historic
properties, structures, facilities, sites, areas, or objects, or the
acquisition of such properties, structures, facilities, sites, areas,
or objects for historic preservation purposes.
Shall mean annual payments of principal and interest on loans
used for the acquisition of land.
Shall mean any improvement to land acquired for recreation
and conservation purposes designed to expand and enhance its utilization
for those purposes.
Shall mean real property, including improvements thereof
or thereon, rights-of-way, water, lakes, riparian and other rights,
easements, privileges and all other rights and interests of any kind
or description in, relating to or connected with real property.
Shall mean public recreation in enclosed structures or facilities,
and includes but is not limited to swimming pools, basketball courts,
and ice skating rinks open for public use.
Shall mean the use of lands and water areas for parks, open
space, natural areas, ecological and biological study, forests, water
reserves, wildlife preserves, fishing, hunting, camping, boating,
winter sports, or similar uses for public outdoor recreation or conservation
of natural resources, or both, or the use of lands for public indoor
recreation.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016]
There is hereby established a reserve in the City of Newark's
General Fund to be known as the "Open Space and Recreational Trust
Fund." A separate bank account shall be opened and maintained for
this purpose which shall be maintained in accordance with N.J.S.A.
40A:4-1, N.J.S.A. 40A:5-1, and all applicable laws, and shall be used
exclusively for the proposition approved by the voters of the City
of Newark on November 5, 2013 as set forth in 10:9-3 herein.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016]
Pursuant to N.J.S.A. 40:12-15.7, and as adopted by the voters
of the City of Newark on November 5, 2013 through a proposition, funds
from the Open Space and Recreational Trust Fund may be used for providing
safe, clean and accessible parks; repairing and improving existing
parks; and creating neighborhood playgrounds and playfields for youth
sports for the following purposes:
a.
Acquisition of lands for recreation and conservation purposes;
b.
Development of lands for recreation and conservation purposes;
c.
Maintenance of lands for recreation and conservation purposes; and
d.
Payment of any debt service on indebtedness issued or incurred by
the City of Newark for any of the purposes set forth in paragraphs
a, b and c of this subsection.
[Ord. 6PSF-E, 2-17-2016]
Pursuant to N.J.S.A. 40:12-15.7, and as adopted by the voters
of the City of Newark, on November 3, 2015, through an amendment to
the Open Space and Recreational Trust Fund, funds may be used for
the expansion of the Riverfront Park:
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 a municipality
for any of the purposes set forth in paragraphs a, b, d, e or g of
this subsection; or
g.
Blue Acres projects.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016]
The Open Space and Recreational Trust Fund shall be funded through
the dedication of an amount of $0.01 per $100 of assessed valuation
of each annual tax levy as authorized by the voters on November 5,
2013, commencing with the 2015 tax year and the 2015 budget year.
The fund shall also be permitted to accept donations and testamentary
bequests, fees associated with permitted events, and concessions.
These funds are intended to add to, rather than replace, existing
budgeted funds associated with parks maintenance at the time of passage
of this section.[1]
[1]
Editor's Note: Chapter 9 (Ordinance 6PSF-F, 11-17-14)
was adopted November 17, 2014.
[Ord. 6PSF-E, 2-17-2016]
The amendment to the Open Space and Recreational Trust Fund
shall be funded through the dedication of an amount of $0.03 per $100
of assessed valuation of each annual tax levy a period of 30 years
as authorized by the voters on November 3, 2015, commencing with the
2016 tax year and the 2016 budget year. The fund shall also be permitted
to accept donations and testamentary bequests, fees associated with
permitted events, and concessions. These funds are intended to add
to, rather than replace, existing budgeted funds associated with parks
maintenance at the time of passage of this section.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016; Ord. 6PSF-F, 6-15-2016]
The Director of the Department of Recreation, Cultural Affairs and Senior Services shall be responsible for the management and expenditure of funds collected via the Open Space and Recreational Trust Fund for the above purposes set forth in subsection 10:9-3 of this section, in coordination with the advice of the Parks Advisory Board established and described in this section.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016; Ord. 6PSF-F, 6-15-2016]
In order to support the advancement of the goals of the Open
Space and Recreational Trust Fund, the City of Newark hereby establishes
a Parks Advisory Board to serve in an advisory capacity to the Director
of the Department of Recreation, Cultural Affairs and Senior Services.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016]
Membership and operations of the Parks Advisory Board will be
as follows:
a.
One resident from each ward (to the extent legally permissible each
resident shall be a member in good standing in United Parks As One).
b.
Two at-large representatives of local parks organizations appointed
by the Mayor's office.
c.
Two youth members (between 14 and 18 years of age).
d.
Two members of the Municipal Council: one Ward representative and
one at-Large member.
e.
All members shall be appointed by the Mayor with the advice and consent
of the Municipal Council.
f.
Members will serve for two years.
g.
Members will serve on a voluntary basis and will not be compensated.
h.
Six out of 11 members shall constitute a quorum.
i.
The Parks Advisory Board shall meet no less than bi-annually and
no more than monthly.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016; Ord. 6PSF-F, 6-15-2016]
The Parks Advisory Board shall serve in an advisory capacity
to the Director of the Department of Recreation, Cultural Affairs
and Senior Services and their advisory responsibilities shall include:
a.
Solicitation of public input on use and needs at existing City parks
and playgrounds.
b.
Notification to the Director of the Department of Recreation, Cultural
Affairs and Senior Services of any repairs, safety issues, unsightliness,
etc.
c.
Review and comment on five-year parks plan and annual budgets prepared
by the Director of the Department of Recreation, Cultural Affairs
and Senior Services.
d.
Generate recommendations on programming, social uses in designated
areas such as barbecuing or picnicking, youth engagement, and community
stewardship activities.
e.
Create recommendations for improving and enhancing open space in
underserved areas.
f.
Provide recommendations for connecting work associated with parks
with Newark workforce priorities including employment and training
of ex-offenders and unemployed Newark residents.
g.
Provide regular advice on, and periodically revisit, priorities for
Open Space and Recreational Trust Fund.
[Ord. 6PSF-F, 11-17-2014; Ord. 6PSF-E, 2-17-2016; Ord. 6PSF-F, 6-15-2016]
The Parks Advisory Board shall meet at least twice annually
and at most monthly. One meeting will be dedicated to reviewing the
budget and proposed plans of the Director of the Department of Recreation,
Cultural Affairs and Senior Services. The second meeting will be dedicated
to soliciting input from the general public on park use, maintenance,
and development. The Parks Advisory Board will be responsible for
preparing written recommendations to the Director of the Department
of Recreation, Cultural Affairs and Senior Services annually as well
as providing regular advice throughout the year.
