[HISTORY: Adopted by the Mayor and Council of the Borough
of Cresskill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-10-2022 by Ord. No. 22-13-1595]
The Cresskill Council adopted Resolution No. 9, which authorized
the placement of a public question on the November 4, 2003, General
Election Ballot, whereas an affirmative vote would create the Municipal
Open Space, Recreation and Farmland and Historic Preservation Trust
Fund; and the electorate of Cresskill, New Jersey, approved on November
4, 2003, the creation of the Municipal Open Space, Recreation and
Farmland and Historic Preservation Trust Fund; and the ballot question,
as approved, permits the Council of Cresskill to raise a sum not to
exceed $0.01 per $100 of total municipal real property valuation.
Eighty percent of the funds received by the imposition of this
annual tax levy shall be used for the following purposes:
A.
Acquisition and improvement of lands for recreation and conservation
purposes;
B.
Development of lands acquired for recreation and conservation purposes;
C.
Capital improvements and maintenance of parcels of municipal land
and subsequently acquired lands for recreation and conservation purposes;
D.
Capital improvements and 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; or
G.
The remaining 20% of the taxable funds are to be used for the acquisition
and improvement of municipal outdoor recreation/conservation facilities.
A.
Pursuant to the referendum, Cresskill enacted a Municipal Open Space,
Recreation and Farmland and Historic Preservation Trust Fund pursuant
to N.J.S.A. 40:12-15.7; and
B.
The amounts raised by this tax levy shall be deposited into a Municipal
Open Space, Recreation and Farmland and Historic Preservation Trust
Fund to be used for designated purposes within the municipality and
may be disbursed for specific projects pursuant to law; and
C.
The 2003 Council relied upon Resolution No. 9 and never memorialized
the creation of the Municipal Open Space, Recreation and Farmland
and Historic Preservation Trust Fund by ordinance. Therefore, this
Council does hereby ordain the following, which memorializes the 2003
referendum results.
Council does hereby memorialize the Borough of Cresskill Municipal
Open Space, Recreation and Farmland and Historic Preservation Trust
Fund and establishes a Trust Fund rate of $0.01 per $100 of total
Cresskill real property valuation; and that 80% of the monies shall
be used for the acquisition and improvement of land for conservation
and recreation purposes, the acquisition of farmland for farmland
preservation, capital improvements and maintenance of municipally
owned park facilities, and for the acquisition or upgrade of qualified
historic preservation facilities, and 20% of the monies shall be used
for the acquisition and improvement of municipal outdoor recreation
and/or conservation facilities; and that this article codifies all
prior adopted resolutions adopted in 2003; and the Council does hereby
ratify, from 2003 to the present, all the Municipal Open Space, Recreation
and Farmland and Historic Preservation Trust Fund expenditures.
If the provisions of any article, section, subsection, paragraph,
subdivision, or clause of this article shall be judged invalid in
whole or in part or as applied to any particular circumstance or individual
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision, or clause of this article.
All ordinances or parts of ordinances inconsistent with the
provisions of this article are hereby repealed as to such inconsistencies
only.
This article shall take effect immediately upon final passage
and publication as required by law.
