[Added 9-9-2020 by Ord.
No. 810-2020]
There is hereby created in the Borough a non-lapsing fund to
the known as the "Environmental Trust Fund of the Borough of Avalon"
for such purposes as hereinafter specified.
[Added 9-9-2020 by Ord.
No. 810-2020]
The Borough Council hereby declares it to be the public policy
of the Borough of Avalon to undertake any and all measures deemed
reasonable to protect the unique environmental conditions which exist
within the Borough and in furtherance of such policy does hereby make
the following factual findings:
a.
Section 40A:4-39 of the New Jersey Statutes authorizes a municipality
to dedicate certain revenues to a specific purpose and to establish
a non-lapsing trust fund subject to the express approval of the Director
of the Division of Local Government Services.
b.
Section 40A:5-29 of the New Jersey Statutes provides that any local
unit (municipality) is authorized and empowered to accept bequests,
legacies and gifts made to it and is empowered to utilize such bequests,
legacies and gifts in the manner set forth in the conditions of the
bequest, legacy or gift, provided, however, that such bequest, legacy
or gift shall not be put to any use which is inconsistent with the
laws of this state and of the United States.
c.
From time to time the Borough is the recipient of funds intended
for general environmental purposes or projects without specifying
any particular project. These funds may originate from any of the
following sources:
1.
Builders, developers, owners, tenants, or other parties in interest
who are required, pursuant to one or more development permit(s) issued
by the New Jersey Department of Environmental Protection, to contribute
either a specific sum of money, or a sum capable of calculation, to
the Borough to be used for environmental purposes.
2.
Gifts, bequests, legacies, or contributions from any person or entity
in cash, securities, real or personal property or other thing of value.
3.
Grants from the federal government or any agency thereof or from
the state or county governments or any agencies thereof; provided,
however, that such funds shall be used exclusively for the specific
purpose specified in the grant.
4.
From any other source approved by the Borough Council.
d.
Through the establishment of an Environmental Trust Fund, all funds
received, from whatever source, and extending over one or more budget
or fiscal years, can be accumulated into a non-lapsing trust fund
to pay for environmental projects or to contribute to the cost thereof.
[Added 9-9-2020 by Ord.
No. 810-2020]
a.
The Borough Department of Revenue and Finance under the direction
of the Chief Financial Officer shall maintain a registry which shall
disclose the name or names of the party contributing funds; the reason(s)
for the contribution, if required; whether the purpose is general
or specific in nature; the date or dates when funds were received;
and the deadline, if any, by which such funds must be utilized either
by commitment to a particular project or projects or actually expended.
Such registry shall contain such further and additional information
as Borough Council, or the Chief Financial Officer may require.
b.
The Borough reserves the right to reject any contribution to the
Environmental Trust Fund, from any source whatever, whenever Borough
Council should determine that the acceptance of such contribution
is not in the best interest of the Borough or when the contribution
is subject to terms and conditions which the Borough deems unacceptable
or overly onerous or burdensome or which the Borough concludes cannot
be carried out.
[Added 9-9-2020 by Ord.
No. 810-2020]
a.
All sums deposited into the Environmental Trust Fund shall be held
and administered by the Chief Financial Officer of the Borough, including
the investment thereof, and shall be audited in accordance with the
Local Fiscal Affairs Law of New Jersey (N.J.S.A. 40A:5-1 et seq.)
and the Local Budget Law of New Jersey (N.J.S.A. 40A:4-1 et seq.).
Such audit shall also include such information and tests as may be
specified or required by the terms of any such federal, state, or
county grant or other granting agencies or organizations.
b.
No funds shall be expended from such Environmental Trust Fund except
upon the adoption of a resolution by the Borough Council.
c.
The Environmental Trust Fund may be used to pay, in whole or in part,
the cost of any environmental project that is determined by Borough
Council to protect or enhance the ecology or environment of the Borough
including, but not limited to:
1.
The protection, preservation, and enhancement of the beach and dunes;
2.
To protect, preserve and enhance natural habitats for birds, fish
and other species;
3.
To protect, preserve and enhance sensitive environmental areas within
the Borough such as the maritime forest and wetlands;
4.
To provide increased access to the beach and bay;
5.
To provide and promote water-related recreational activities;
6.
Projects directed toward nature-based resiliency;
7.
Educational activities designed to increase public awareness of environmental
issues and concerns; and
8.
Other projects of the same or similar nature.
d.
No funds shall be approved for expenditure for any project that would
violate the terms of the Beach Management Plan (BMP) or the Municipal
Public Access Plan (MPAP) or the terms of any state aid agreement
or other similar agreement or any municipal ordinance or any state
or federal laws or regulations.
[Added 9-9-2020 by Ord.
No. 810-2020]
Nothing contained in this chapter shall be construed as either
requiring or prohibiting any appropriation of municipal funds into
the Environmental Trust Fund. Any such appropriation of municipal
funds in any given budget year shall be entirely within the discretion
of the Borough Council.
[Added 9-9-2020 by Ord.
No. 810-2020]
Borough Council may from time to time, by resolution, make rules
and regulations which interpret or amplify any provision of this chapter
or any of the provisions thereof, for the purpose of administering
the same or making the enforcement thereof more effective.
[Added 9-9-2020 by Ord.
No. 810-2020]
b.
The Chief Financial Officer and the Borough Clerk shall cause two
certified copies of this chapter together with two certified copies
of the resolution referred to above with the Director of the Division
of Local Government Services requesting permission of the Division
to create a dedication by rider for the purpose stated herein.
c.
All Borough Officials and Officers are hereby authorized and directed
to perform any act or action which may be required or reasonably necessary
to effectuate the intent and purpose of this chapter.
