[HISTORY: Adopted by the Village Council
of the Village of Ridgewood 7-19-2023 by Ord. No. 3960[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 127, Contributions,
Gifts and Donations, Art. I, Gifts to Village Council, adopted 8-13-2008 by Ord. No.
3132, as amended 12-8-2010 by Ord. No. 3273.
[Adopted ]
The purpose of this policy is to provide guidelines and procedures
for considering and receiving proposed donations of memorials and/or
monuments to the Village of Ridgewood. Historically, the Village of
Ridgewood has been enriched by the generous donations of individuals
and entities in support of the Ridgewood community. Additionally,
in the past, these requests have been reviewed on a case-by-case basis.
Therefore, a written policy is needed to establish an approval process
and technical standards as to the placement, size, and materials for
such donations. The Village will review any such proposed donations
for the purpose of assisting the donors in reaching their intended
goals while recognizing the mission, goals, plans, resources, and
limitations of the Village as a whole. It is intended that this policy
provide a thoughtful review process which considers the intentions
of the donor, is sensitive to the needs and desires of the community,
and is sensitive to the costs associated with proposed gifts and donations,
including long-term costs of maintenance and care. The Village encourages
donations while at the same time must manage aesthetic impacts and
mitigate ongoing maintenance costs.
All departments and staff of the Village of Ridgewood, all Village
residents, and all potential donors are to adhere to the guidelines
set forth in this policy.
This policy shall cover all donation(s) and gift(s) to the Village
of Ridgewood and any of its departments or staff. The Village of Ridgewood
retains sole discretion to determine whether to accept or decline
any proposed donation, and if accepted, determine conditions or terms
for any acceptance including, but not limited to, its location within
the Village. This policy shall not be construed to create any right
for any individual or organization to make any improvement or place
any items on any public property within the Village of Ridgewood regardless
of whether the proposal meets any or all of the criteria laid out
herein. Notwithstanding the permanent nature of the donations contemplated
by this policy, the Village of Ridgewood maintains continuing control
and authority over the donations described herein, and reserves the
right, in its sole discretion, to relocate, decommission, or remove
entirely a previously authorized donation. The Village, with the assistance
of its Parks and Recreation Department, may determine that a park
has an adequate amount of dedicated benches, landscape features, and/or
memorials, and is considered full.
As used in this chapter, the following terms shall have the
meanings indicated:
A long seat for several people, typically made using wood,
metal, or stone, redeveloped, or reclaimed, using donor funds or bequests
in commemoration of a person, event, or place as applicable.
Shall include the free and voluntary offering or presentation
of any item(s) of substantial value proposed to be given or donated
to the Village of Ridgewood including, but not limited to, endowments;
public improvement projects or proposals; structures or portions of
structures; money; materials; equipment; improvements to facilities
or land; statues; monuments; memorials; tributes; sculptures; murals
and other similar types of works of art; plaques; and graphics or
signs.
A private individual, for-profit company, nonprofit organization,
public agency or any other entity wishing to make a donation or gift
to the Village of Ridgewood.
A physical object such as a plaque or sign placed to acknowledge
a donation or gift.
Memorials that take the form of landscape features, such
as water fountains or trees; any enhanced, redeveloped, or reclaimed
areas of the Village that commemorate a person, group, or an event
that occurred or may occur.
An item or object established to preserve the memory of a
deceased person(s) or an event that occurred in the past. Any statue,
sculpture, mural, item defined as donation(s)/gift(s) above or other
structure or landscape feature designed to perpetuate in a permanent
manner the memory of any person, group, event or other significant
element of history.
Typical park improvements that contribute to the traditional
use of park land such play structures, shelters, sports facilities,
trails, etc.
Works of art including, but not limited to, paintings, prints,
sculptures, and murals.
May include a funded, partially funded or unfunded capital
project(s) request consisting of real property, structures, portions
of structures, materials and/or equipment for construction or renovation
of a structure or landscape feature. Maintenance activities such as
weeding or replanting established gardens are not considered public
improvement projects for purposes of this policy.
An item, object or gift designed to acknowledge the contributions
of a living person(s) to a society. Projects recognizing groups such
as persons with cancer or AIDS are also considered tributes.
A.
Any donor desiring to make a donation to the Village must do so by
filing an application at the Village Clerk's Office. The application
shall be reviewed by the Village Parks and Recreation Department,
the Village Police Department, Village Engineering Department and
any other Village department or office deemed necessary by the Village
Manager. The Village Parks and Recreation Department may seek advice
and/or recommendations from the Parks Recreation and Conservation
Board in its review of the application. In review of the application,
consideration may be given by Village staff as to the following criteria
including, but not limited to:
(1)
Whether a park or other area requested by the applicant to be the
location of the donation within the Village has an adequate amount
of memorials, commemorative benches, trees, picnic tables and is considered
full;
(2)
Memorials must be aesthetically complementary to the proposed location,
its environment, theme and surroundings. Factors to consider regarding
the location include, but are not limited to, the subject of the donation,
the relevant theme of the park or location, and the Village plans
for the proposed location.
B.
Any donor(s) wishing to make a donation are strongly encouraged to
contact the Parks and Recreation Department at the earliest possible
time to discuss the proposed gift and the process for review. Donors
may select the type of donation from Parks and Recreation's list
of prioritized donation options and locations.
C.
The Village of Ridgewood retains the right to determine whether to
accept or decline any proposed gift or donation, and if accepted,
its location within the Village, which decision shall be within the
sole discretion of the Village Council.
(1)
Donation agreement form. Donors shall be required to complete and
submit an application and a donation agreement form prepared by the
Village Manager to have the donation considered. If needed by the
applicant, the Parks and Recreation Department may be available to
assist the donor with completion of the forms. The forms shall meet
the approval of the Village Council and shall include, as appropriate
and applicable, the intent of the proposal, cost estimates, size,
proposed location, timeline, site drawing, future maintenance requirements
and any other information the Village Council may deem necessary and/or
useful. The completed forms shall be submitted to the identified Village
departments for review and recommendation to the Village Council for
approval.
(2)
Monetary gifts and donations/gifts and donations of negotiable securities.
(a)
Previously established funds or campaigns. Consideration of
acceptance of any such donations must be reviewed by the Village Chief
Financial Officer before same may be accepted by the Village Council.
(b)
Undesignated/unconditional monetary gifts/donations. Consideration
of any such donation must be reviewed by the Village Chief Financial
Officer before same may be accepted by the Village Council.
(c)
Conditioned donations. In the event that a monetary donation
is conditioned or donated specifically for a project, memorial, work
of public art, tribute, or new program, the Parks and Recreation Department
shall assist the donor to complete a donation agreement form, and
the donation shall follow the procedures set forth in this policy
as if the donation were to be made of the actual program or item proposed
to be acquired or constructed.
(3)
Gifts of real property. Any such gifts shall be reviewed and accepted
in accordance with the New Jersey Local Lands and Buildings Law, N.J.S.A.
40A:12-1 et seq.
(4)
Nonmonetary donations (excluding real estate). The Village Council
and/or department heads, upon approval of the Village Council, are
hereby authorized to accept donations of materials or other items
for previously approved/established/budgeted projects or materials
or other items, provided such items have an estimated total value
of $1,000 or less, and the donation is made without condition or restriction,
and such items are typical for use in a Village department. If the
estimated value exceeds this amount, or if the donation is made subject
to conditions or restrictions, then the donor shall be required to
satisfy the requirements of filing an application and a donor agreement
form prior to the matter being referred to the Village Council for
the Village Council's approval.
(5)
Criteria for evaluating donations. In order to assist potential donors
to fulfill their desires to make a gift or donation to the Village
of Ridgewood and to ensure that all gifts and donations are consistently,
fairly, and thoughtfully reviewed, the Village will be guided in its
review of proposed donations by the following guidelines.
(a)
Donations of public art, memorials, tributes, dedicated benches,
landscape features, and public improvement projects, the following
criteria shall be considered, as well as any other criteria which
may be relevant on a case-by-case basis.
[1]
Consistency with the mission and policies governing the Village
of Ridgewood and/or the Parks and Recreation Department.
[2]
Whether the proposed donation provides improvements to an area
of the Village which may be deficient in public amenities.
[3]
Whether the proposed donation promotes the preservation of historical
and cultural aspects of the community.
[4]
Whether the proposed donation has an educational component.
[5]
Whether the proposed donation helps to promote conservation,
preservation and protection of the natural environment.
[6]
Whether the proposed donation helps to promote preservation
of natural areas and green space where such preservation is suitable,
is contemplated by plans, or is otherwise desirable.
[7]
Whether the proposed donation is suitable for the purpose proposed.
[8]
Whether the proposed donation is compatible with the proposed
location, if one has been identified, and other users of the public
space.
[9]
Whether the proposed donation contributes to, or detracts from,
the aesthetic qualities of the surrounding area and other improvements.
[10]
Whether the proposed donation quality, scale and character is
harmonious with the surrounding public or park setting.
[11]
Whether the proposed donation replaces aging, outdated or unsafe
infrastructure or reuses, rehabilitates or restores an existing park
or municipal feature.
[12]
Financial implications to the Village based on the cost of the
proposed donations or project implementation including installation
and ongoing maintenance if applicable and whether the gift/donation
covers any anticipated costs.
[13]
Provision by the donor for ongoing maintenance and cost of relocation
and removal, if necessary.
[14]
Susceptibility of the donation to wear and vandalism.
[15]
Whether any public safety of security issues are identified
and the potential danger to the public health, safety or welfare associated
with the proposed donation.
[16]
Whether the proposed donation complies with all applicable codes,
including building codes and Americans with Disabilities Act, requirements,
and related laws.
[17]
Whether the proposed donation is restricted in any manner and
the impact of those restrictions or contingencies.
(6)
Works of art. In addition to the above-listed criteria, if the proposed
donation is a work of art, more artfully described above, the following
criteria shall be considered as well as any other criteria which may
be relevant on a case-by-case basis.
(a)
Quality of the work based upon a professional assessment of
the work, detailed written proposal, drawing or photographs.
(b)
Suitability of the theme of artwork to a public venue.
(c)
Appropriateness of the artwork to the site, in the case where
a particular site has been requested or identified.
(d)
Appropriateness of the process for selecting the artist or artwork.
(e)
Qualifications of the artist based on documentation of past
work and the artist's professional qualifications.
(7)
Memorials/tributes/naming. The Village respects the desire of individuals
to commemorate special events or the lives of loved ones, living and
deceased. However, the Village also recognizes that other community
members who visit public places may desire not to be burdened with
a constant reminder of mortality, death or traumatic events. The Village
also recognizes the important contributions of many individuals to
community life and that it is simply impossible to recognize all of
those contributions. To that end, if the proposed gift/donation is
a memorial or tribute or a noncommercial request to name a public
space or other item, the Village shall consider the following criteria,
as may be appropriate to the particular donation, in addition to those
criteria identified above.
(a)
The proposed donation must represent a person or event deemed
significant to the Village of Ridgewood's history; names of individuals
who have made a significant contribution directly and locally to the
Village shall be preferred over the names of national figures.
(b)
Whether any increased use of the park or public area resulting
from the placement of the memorial tribute is appropriate to the surrounding
context and uses.
(c)
When possible, the donor(s) and/or the family of the individual
to be honored should be contacted and allowed an opportunity to comment
upon the naming of a building, park or facility after an individual.
(d)
In and of themselves, contributions of land or money for public
facilities shall not be considered sufficient justification for naming
or renaming facilities after individuals, in tribute or memoriam.
(8)
Donor recognition objects. The Village of Ridgewood appreciates the
desire of some donors to be recognized either personally or on behalf
of another for their generous donations. If a donor recognition object
is to be included as part of a proposed donation, such object should
be specially identified and submitted with the donation for approval.
In general, it is the policy of the Village to limit donor recognition
objects to plaques or other recognition objects which are small in
scale, which do not detract from green space areas and/or which are
part of an approved project involving the use of personalized decorative
tiles or pavers. Any such request shall be subject to Village Council
approval as part of the acceptance of the donation offered.
(9)
Removal of donations and recognitions. The Village is not obligated
to replace any donation if, after approval and placement, it is lost,
stolen, damaged, or worn, and in its sole discretion, the Village
will determine when the donated item is no longer reasonable to maintain.
The Village also reserves the right to remove any donation or donation
recognition object for any reason, which may include but not be limited
to safety reasons, deterioration caused by age, neglect or vandalism,
and/or the Village's inability to finance ongoing maintenance
or repairs.
(10)
Acknowledgements and anonymity. All donations for which the
donor does not request anonymity shall be acknowledged by the Village
Council with a letter of appreciation. For a monetary gift given in
memorial, tribute, bequest, or in recognition of someone, a letter
shall be sent to the donor and may be sent to the person or family
of the person being honored. The Village cannot guarantee anonymity
of individual donors but will work with individuals who wish to remain
anonymous in their donations to provide appropriate means for those
individuals to make their donations while maintaining their privacy.
(11)
Appraisals. The Village may, at its discretion, request or require
an appraisal or valuation of any donation offered prior to the acceptance
of same.
(12)
Waiver of terms of this policy. The Village Council may waive
any of the criteria specified within this policy upon a finding that
it is in the best interests of the Village to do so. Any such waiver
shall be done by resolution.
(13)
Tax liability. It is the responsibility of the donor to assign
a monetary value to the gift for tax purposes. Information provided
by the Village, its officials, employees or agents in connection with
any donation(s) is intended to be informational only and is not intended
to be a substitute for professional financial or legal advice or opinions.
The Village of Ridgewood makes no representations or guarantees as
the tax implications of any donation made to the Village. Donors are
responsible and are advised to obtain their own tax and financial
advice from appropriate professionals.
(14)
Reports to the Village Council. Annually, after the close of
the fiscal year, the Treasurer may provide a report to the Village
Council including the details of all donations with a value greater
than $5,000.
The several sections of this ordinance are declared to be severable.
If any section or portion thereof shall be declared by a court of
competent jurisdiction to be invalid, unlawful or unenforceable, such
decision shall apply only to the specific section or portion thereof
directly specified in the decision, and shall not affect the validity
of any other provisions, sections or portions thereof of the ordinance.
The remainder of the ordinance shall remain in full force and effect.
Any other ordinances whose terms are in conflict with the provisions
of this ordinance are hereby repealed as to those terms that conflict.
