Administration Building
401 Grand Street · Paterson, New Jersey, 07505

John D. Pogorelec, Jr., Assistant County Counsel

First Draft of Rules and Regulations
 
 

Attached for your review is a copy of the Rules and Regulations that was prepared by the Subcommittee that was formed at the last Meeting. Please review and submit all comments in writing to my attention by no later than September 24, 1999.

If you have any questions please do not hesitate to call me. Thank you for your kind attention to this matter.

                                                                                                                    John Pogorelec, Jr.,

Even though good land use policies planning and zoning throughout the County have been applied, current data shows that open space is not protected. The citizens of Passaic County have a growing interest in the environmental quality of life. This is reflected in the recent activities that have more carefully taken place in an attempt to establish a balance between growth and development and the need to preserve our natural resources, park land, recreation sites, reservoirs, historical sites and farmlands. Promoting a better quality of life for our families, need never comes at the expense of economic growth. By preserving open space we fashion a richer, greener, more complex infrastructure that makes the cities of Passaic County more appealing places to live.
 
 

Introduction

The State of New Jersey enacted legislation, which permits... "the governing body of any county in which the voters of the County have approved in general or special election, a proposition authorizing the acquisition of lands for conservation as open space or as farmland, may annually raise by taxation...a sum not to exceed the amount or rate set forth in the proposition approved by the voters..."

Acknowledging the need to preserve open space and farmland with a funding mechanism considered financially cable of supporting efforts to achieve the end objective, a referendum for improvement funds was added to the November 5, 1996 Election Ballot concurrently with the non-binding Ballots. An Open Space and Park Improvement Fund referendum was also added to ballot.

The Open Space and Farmland Preservation Trust Fund Program is designed to complement funds generated through bonds and other financial resources (e.g., pertinent State and Federal assistance programs). These funds will be allocated to eligible and approved applicants to facilitate the purchase and maintenance of property easements and/or other rights-of-way within the County for preservation through a designated tax on real property. Where as, the Open Space and Park Improvement Fund is designed to provide funding solely for the maintenance of Public Parks and Recreation Systems.

In response to the voters approval to proceed forward and the Public’s growing concern to improve and sustain a high quality of life within the County from both the health and environmental perspectives, the Freeholders adopted a Resolution September 3, 1997 establishing a Advisory Committee for the program. In order to generate revenue to fund the program, a resolution was adopted on February 3, 1999 authorizing the implementation of an "Open Space Tax."

Pursuant to Chapter 283 of the Public Laws of 1991 and subsequent amendments contained in Chapter 24 of Public Laws of 1997, a resolution was adopted on February 3, 1999 to establish the County’s method of generating program funds. This tax is not to exceed $ .02 cents per $ 100 of total county equalized real property valuation. However, a recommendation was made and adopted under the same resolution for the tax rate for this calendar year to be fixed at $ 0.01 cent per $ 100 of equalization valuation, rather than the amount set forth in the above statute.

The purpose of this document is to provide potential applicants, as well as the general public, information concerning the applicable rules and regulations relative to the administration of the program.

Definitions
 
 

The underscored words and terms listed below shall have the meanings as defined unless the context clearly indicates otherwise:

Acquisition- the securing of fee simple absolute or a lesser interest in real property by gift, purchase, devise or condemnation;

Aquifer Recharge Protection Area- lands through which water of significant volume and high quality moves down to an underlying groundwater reservoir;

Charitable Conservancy- a corporation or trust whose purpose include the acquisition and preservation of land or water area or of a particular land or water area, or either thereof, in a natural, scenic or open condition, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which has received tax exemption;

Conservation Easement- an easement, covenant or other interest in real property, which limits or restricts development, management or use of such real property for the express purpose or preserving or maintaining the scenic, open, historic, archaeological, architectural, forest, or natural condition, character, significance or amenities of the real property in a amenities consistent either public policy and purpose, whether created under common law or pursuant to the provisions of State Law. A conservation easement may include affirmative rights of public access, management and use;

Cultural Resource Acquisition Project- a project acquires lands that provide or could provide access to outdoor performing or fine art facilities;

Debt Service- annual payments of principal and interest on loans used for the acquisition of open space;

Farmland- land actively devoted to agricultural or horticultural use that is valued, assessed and taxed pursuant to the "Farmland Assessment Act of 1964"

Farmland Preservation Project- a project to acquire farmland in accordance with the farmland preservation act or in accordance with a farmland preservation plan prepared and adopted by the County, or any other law enacted for the preservation of farmland;

Flora/Fauna Protection Project- A project to acquire lands essential for the conversation of significant flora and/or fauna species, which require special management consideration or protection. Habitat areas of threatened and endangered species are also included;

Freshwater Wetlands Project- project to acquire lands designated as freshwater wetlands together with adjacent upland necessary for management of the wetlands;

Golf Courses- a daily fee public recreational facility, regulated by the rules of golf and related improvements associated with such a facility, which can be categorized into one of the following: par 3, executive and regulation courses;

Green spaces/Parkland Projects- a project to acquire recreational lands, waters, natural ecosystems, historic sites, wetlands, wildlife habitats, urban parks and scenic settings for the enjoyment of the public.

Greenways Project- a project to acquire land which provides a linkage to recreational lands, water, natural ecosystem, historic sites, wetlands, wildlife habitats, urban parks and scenic settings for the enjoyment of the public. Green ways may include, but are not limited to, bikeways, trails, streams and river corridors;

Historic Preservation Acquisition Project- a project to acquire land of historically significant value to the county and/or municipality. The parcel shall be at least five acres;

Lands- lands, improvements and structures thereon or rights, franchises and interests therein. This term shall also include and mean any and all interests in lands amounting to less than fee title, including permanent and temporary easements, including conservation easements and rights-of-way;

Land Access Project- a project to acquire lands for access to state, federal or other county or municipal park and open space areas;

Open Space- land or water areas to be retained in a largely natural or undeveloped state, for the purpose of, among other things, providing parkland or green spaces, protecting ecologically sensitive areas, preserving flora and wildlife, or protecting or preserving areas of scenic, historic and cultural value, while at the same time affording, whenever practical, public outdoor recreational opportunities for county residents. "Open Space" may include a recreational area such as a golf course if the acquisition subserves the objective of the open space trust fund act by protecting a largely undeveloped area from future development;

Open Space also means projects to acquire lands which are: open or natural, in or near an urban, suburban, or rural area, and necessary to preserve the ecological, scenic, recreational or historical values of such land. Open space projects include, but are not limited to, the following types of projects including additions to existing owned outdoor recreation areas; Green ways/parklands projects; aquifer recharge area projects; watershed protection projects; and waterfront protection projects;

Qualified Charitable Conservancy- a corporation or trust whose purpose include the acquisition and preservation of land or water areas or a particular land or water area, or either thereof, in a natural, scenic or open condition, no part of the net earning of which insures to the benefit of any private shareholder or individual, and which has received tax exemption under section 501 (c) of the 1954 Internal Revenue Code;

Recreational Land- lands and water areas which provide opportunities for outdoors active or passive recreational activities. Including, but not limited to: hiking, camping, biking, birding, boating, fishing, swimming, skiing and snow mobiling;

Scenic Acquisition Project- a project to acquire lands to maintain the scenic or rural nature of an area;

Steer Slopes Project- a project to acquire lands having a grade of 15% or greater for the purpose of providing parkland and/or green spaces;

Stream Rights Project- a project to acquire lands that provide public fishing rights on quality streams or flyers;

Watershed Protection Project- a project to acquire lands within the watershed of a publicly owned water supply reservoir; and

Water Supply Reservoir- an impoundment of surface waters, the primary purpose of which is water supply.

Eligible Applicants

The following entities are eligible to apply for program participation:

Projects eligible for consideration for funding from the Passaic County Open Space and

Farmland Preservation Trust Fund include the following:

1.5 Ineligible Acquisitions

Projects ineligible for funds from the Passaic County Open Space and Farmland Preservation Trust Fund include but are not limited to the following:

Trust Fund shall be allocated in the following manner (SEE EXHIBIT A & B):

Municipal/Qualified Charitable Conservancy Projects

Subject to the availability of funds the Open Space and Farmland Preservation Trust Fund Advisory Committee shall annually review, prioritize and recommend for funding those projects submitted by municipalities and or qualified charitable conservancies. Recommendations shall be made to the Passaic County Board of Chosen Freeholders in accordance with a schedule established by the Committee.

In the event a previously approved acquisition project is unsuccessful, or if project funds are unexpended, said funds shall be added to the current year’s allocation in this category.

Passaic County Parks Department

The determination as to which properties are to be acquired shall be the responsibility of the

Passaic County Parks Department, subject to the final approval of the Board of Chosen

Freeholders. The Open Space and Farmland Preservation Trust Fund Advisory Committee shall

be notified of the following:

The determination as to which properties are to be acquired under shall be the responsibility of the CADB, subject to the final approval of the Board of Chosen Freeholders. The PCADB must notify the Open Space Trust Fund Committee of the following:

The specified annual percentage of funds shall be considered discretionary. These funds may be use to supplement funding for a project(s) in any of the categories. Discretionary funds will be allocated on a competitive basis as recommended by the Open Space and Farmland Preservation Trust Fund Committee to the Passaic County Board of Chosen Freeholders.

Trust Fund shall be retained within the trust fund with the total amount of interest earned to be

added to following year’s dedicated tax amount and distributed in accordance with Section 1.6

(a).
 
 
 
 

Applicants which have been approved for funding shall fund all costs incurred in connection with the acquisition of any land or interest therein including the cost incurred for: appraisals, wetland delineations, surveys, title searches, legal expenditures and any other costs associated with the acquisition of such land or interest therein except that costs incurred for any Phase I Environmental Audit and any review appraisals shall be funded through the Open Space and Farmland Preservation Trust Fund.

Applicant which have been approved for funding will have three (3) months from the date of Freeholder approval to execute a grant agreement with the County of Passaic. Upon execution by both parties of the grant agreement, the applicant will have fourteen (14) months to complete the project. If the applicant fails to complete the project within these time frames, the grant agreement shall be forfeited. All projects funded are subject to audits.

All nominees to the Committee shall be reviewed according to Standard County procedures in order to avoid any potential conflict of interest. The Passaic County Board of Chosen Freeholders shall appoint the committee based upon the review of resumes and recommendations from various members of the communities of Passaic County.

The Advisory Committee will consist of up to 15 citizens of Passaic County and would consist of the following members: four of the members will be County officials and act as voting members of the Committee and shall consist of:

One (1) member of the Board of Chosen Freeholders to the chosen by the Board

each year at its reorganization meeting.

The County Administrator or his designee

The County Planning Director or his designee

The County Parks Director or his designee

Eleven (11) citizens members chosen at large from around the county, at least two (2) of whom shall be from the urban municipalities of Paterson or Passaic and at least two (2) of whom shall be from the northern municipalities of Bloomingdale, Pompton Lakes, Ringwood, Wanaque or West Milford. The balance of the eleven shall be chosen with an eye toward geographic diversity and all chosen should be individuals with a background or interest in open space

preservation, conservation, parks, recreation, historic preservation, municipal government, and/or taxpayer advocacy.

All Committee members shall be residents of Passaic County and shall be required to properly file a financial disclosure statement as required by N.J.S.A. 40A:9-22. 1

Term of Office

At-large members shall be appointed by the Board of Chosen Freeholders for staggered terms of three (3) years. Four members of the initial Committee shall be appointed for a term of three (3) years, four shall be appointed for a term of (2) years and three shall be appointed for a term of one (1) year;

Selection of a Chairperson, Vice-Chairperson and Secretary

The Committee will elect a chairperson, vice-chairperson and secretary from its membership. The term of the office shall be for one year.

The Chairperson shall preside at all meetings of the Open Space and Farmland Preservation Trust Fund Advisory Committee and be an ex-officio member of any and all sub-committees that may be created. The Chairperson shall appoint all standing and ad hoc committees as may be required

The Vice-Chairperson shall perform the duties of the Chairperson in his/her absence. Should the office of Chairperson become vacant, the Vice-Chairperson shall succeed to the office of the Chairperson for the balance of the term The Vice-Chairperson shall perform such duties as may be assigned by the Chairperson.

The Chairperson or Secretary shall sign all official .documents as may be required.

Adopted: