31-22
Introduced: October 6, 2022
Public Hearing: October 20, 2022
Status: Adopted
Please note: An Ordinance Repealing Ordinance Nos. 2-93 and 3-97 and Amending Article IV, Open Space Trust Fund, of Chapter 18, Finance and Taxation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey.
- Whereas, after approval of a referendum by the voters in 1993, the Township of Randolph ("Township") adopted Ordinance Number 2-93 establishing an Open Space Trust Fund which was funded through the imposition and collection of a tax in the amount of Two Cents ($0.02) per One Hundred Dollars ($100) of assessed valuation for the acquisition and preservation of open space in the Township; and
- Whereas, after approval of a referendum by the voters in 1997, the Township adopted Ordinance Number 3-97 establishing a Reserve for Parks and Recreation Development, Redevelopment and Improvement which was funded through the imposition and collection of a tax in the amount of One Cent ($0.01) per One Hundred Dollars ($100) of assessed valuation for the development, redevelopment and improvement of active and passive recreation areas in the Township; and
- Whereas, a proposition was submitted to and approved by the voters at the General Election on November 10, 2009 which combined the Open Space Trust Fund and the Reserve for Parks and Recreation Development, Redevelopment and Improvement into one fund entitled the Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund and expanded the purposes for which the Trust Fund could be utilized to include the acquisition, development and maintenance of lands acquired for recreation and conservation purposes, the development of parks and recreation areas and the payment of debt service on indebtedness issued or incurred for any of those purposes (the "Proposition"); and
- Whereas, the Revised Ordinances of the Township of Randolph were inadvertently not updated after approval of the Proposition by the voters in 2009; and
- Whereas, the Township desires to update the Revised Ordinances of the Township of Randolph to be consistent with the Proposition as approved by the voters in 2009.
Now, therefore, be it ordained by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
Ordinance Nos. 2-93 and 3-97 are hereby repealed.
Article IV, Open Space Trust Fund, of Chapter 18, Finance and Taxation, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:
- Article IV. Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund
- Section 18-71. Creation and Establishment
- As a result of the approval by the voters of a proposition to establish the same, there is hereby created and established a fund known as the Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund.
- Section 18-72. Funding through tax levy
- The Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund shall be funded through the imposition and collection of a tax not to exceed Three Cents ($0.03) per One Hundred Dollars ($100) of assessed valuation.
- Section 18-73. Utilization and purpose of fund
- The Trust Fund shall be utilized for any and all of the following purposes:
- Acquisition of lands for recreation and conservation purposes;
- Development of lands acquired for recreation and conservation purposes;
- Maintenance of acquired land and improvements thereon for recreation and conservation purposes;
- The development and redevelopment of parks and recreation areas;
- Payment of debt service on indebtedness issued or incurred by the Township of Randolph for any of the purposes set forth in Subsections A, B, C and D above.
- The Trust Fund shall be utilized for any and all of the following purposes:
- Section 18-74. Allocation of funding.
- The amount or rate of the annual levy will be subdivided into the various respective purposes specified above by the governing body of the Township of Randolph after the conducting of at least one public hearing thereon.
- Section 18-75. Acquired lands to be held in trust.
- Lands acquired by the Township of Randolph using revenue raised pursuant to this tax authorization shall be held in trust and shall be used exclusively for the purposes authorized under NJ.S.A. 40:12-15.1 et seq.
- Section 18-76. Administration; applicable statutory provisions.
- The Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund shall be administered in accordance with the applicable statutory provisions including, without limitation, NJ.S.A. 40:12-15.1 et seq.
- All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
This Ordinance shall take effect as provided by law.
Attest Township of Randolph
Donna Marie Luciani, Township Clerk
Township of Randolph
Marie Potter, Mayor
Legal Notice
Township of Randolph, County of Morris
Ordinance No. 31-22
Notice is hereby given that an Ordinance entitled An Ordinance Repealing Ordinance Nos. 2-93 and 3-97 and Amending Article IV, Open Space Trust Fund, of Chapter 18, Finance and Taxation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey
was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on October 6, 2022 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on October 20, 2022 at 6 pm prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to update the Revised Ordinances of the Township of Randolph to be consistent with a Proposition approved by the voters in 2009 which combined the Open Space Trust Fund and the Reserve for Parks and Recreation Development, Redevelopment and Improvement into one fund entitled the Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund and expanded the purposes for which the Trust Fund could be utilized to include the acquisition, development and maintenance of lands acquired for recreation and conservation purposes, the development of parks and recreation areas and the payment of debt service on indebtedness issued or incurred for any of those purposes.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9 am and 4:30 pm.
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey