[HISTORY: Adopted by the Township Committee of the Township of Harrison 12-5-2005
by Ord. No. 46-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 26, Funds,
consisting of the following: Art. I, Farmland Preservation Trust Fund, adopted
5-18-1998 by Ord. No. 8-1998, as amended; and Art. II, Open Space Preservation
Trust Fund, adopted 12-16-2002 by Ord. No. 41-2002.
A.
In November of 1997 the voters of Harrison Township approved
a public question authorizing the annual appropriation of $0.01 per $100 assessed
valuation per year in the Harrison Township Municipal Budget to contribute
toward the purchase by Gloucester County of farmland preservation easements
in Harrison Township pursuant to the New Jersey Farmland Preservation Program.
B.
In November of 2002 the voters of Harrison Township approved
a public question authorizing the levy by the Township of $0.01 per $100 of
assessed valuation per year to acquire all types of interests in real property,
including, but not by way of limitation, fee simple acquisitions, easements,
development rights or any other interest in real estate which will further
the goal of open space acquisition and preservation, including parks, recreation
areas, natural areas and such other uses consistent with the concept of open
space. The funds may be utilized for appraisals, title fees, professional
fees and other items of expense permitted by law in connection with the acquisition
of interests in real estate. Funds accumulated in the Open Space Preservation
Trust Fund may be used as a down payment for the issuance of bonds or for
debt service.
C.
In November of 2004 the voters of Harrison Township approved
a public question authorizing the levy by the Township of an additional $0.04
per $100 of assessed valuation per year to contribute toward the purchase
by Gloucester County of farmland preservation easements in Harrison Township
pursuant to the New Jersey Farmland Preservation Program.
D.
On November 8, 2005, a referendum was passed by the voters
of the Township of Harrison authorizing the previously approved annual levies
for farmland preservation of a sum not to exceed $0.05 per $100 of assessed
valuation per year to be used for a broader range of purposes, including the
acquisition and improvement of lands or interests in lands and the payment
of debt service incurred for open space, farmland preservation, conservation,
recreation and historic preservation by the Township of Harrison, independently
and in coordination with county and state agencies.
A.
It is the declared policy of the Township Committee of
the Township of Harrison, County of Gloucester and State of New Jersey, that
the preservation of lands for agriculture, open space, conservation, recreation
and historic preservation is of the highest priority in order to protect and
maintain the high quality of life which residents of the Township now enjoy.
B.
The intent of this chapter is to establish a consolidated
Farmland, Open Space and Historic Preservation Trust Fund pursuant to the
authority granted to municipalities by the New Jersey Legislature in N.J.S.A.
40:12-15.1 et seq. That statute permits municipalities to create such trust
funds and levy taxes for them when so authorized by referenda duly submitted
and approved by the voters.
C.
This chapter seeks to provide the widest possible authority
to the governing body, under the relevant statutes and the several referenda
approved by the voters of Harrison Township, to engage in preservation activities,
including the acquisition and improvement of lands or interests in lands and
the payment of debt service incurred for open space, farmland preservation,
conservation, recreation and historic preservation by the Township of Harrison,
independently and in coordination with county and state agencies.
There is hereby established, pursuant to N.J.S.A. 40:12-15.1 et seq.,
an account which shall be known and designated as the "Harrison Township Farmland,
Open Space and Historic Preservation Trust Fund," which shall be maintained
in accordance with N.J.S.A. 40A:4-1 and N.J.S.A. 40A:5-1, as amended and revised
from time to time.
A.
All funds previously levied for open space and farmland preservation purposes pursuant to the referenda and ordinances referenced in § 26-1 of this chapter shall be consolidated into the Harrison Township Farmland, Open Space and Historic Preservation Trust Fund established by § 26-3 of the Harrison Township Revised Code.
B.
The Harrison Township Open Space Preservation Trust Fund
shall be funded through dedication to the fund of an amount equal to $0.06
per $100 of assessed valuation of each annual tax levy commencing with the
year 2006 and shall be permitted to accept gifts, donations and testamentary
bequests.
A.
Township Committee of the Township of Harrison shall
use funds in the Harrison Township Open Space Preservation Trust Fund for
the acquisition and improvement of lands or interests in lands (including
costs of program administration) and the payment of debt service incurred
for open space, farmland preservation, conservation, recreation and historic
preservation by the Township of Harrison, independently and in coordination
with county and state agencies.