40:12-15.2 - Submission by county of proposition authorizing annual levy - New Jersey Statutes

40:12-15.2  Submission by county of proposition authorizing annual levy.

2. a. (1) The governing body of any county may submit to the voters of the county in a general or special election a proposition authorizing imposition of an annual levy for an amount or at a rate deemed appropriate for any or all of the following purposes, or any combination thereof, as determined by the governing body:

(a)acquisition of lands for recreation and conservation purposes;

(b)development of lands acquired for recreation and conservation purposes;

(c)maintenance of lands acquired for recreation and conservation purposes;

(d)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

(f)payment of debt service on indebtedness issued or incurred by a county for any of the purposes set forth in subparagraph (a), (b), (d) or (e) of this paragraph.

(2)The amount or rate of the annual levy may be subdivided in the proposition to reflect the relative portions thereof to be allocated to any of the respective purposes specified in paragraph (1) of this subsection or may be depicted as a total amount or rate, to be subdivided in a manner determined previously, or to be determined at a later date, by the governing body of the county after conducting at least one public hearing thereon.

b.Upon approval of the proposition by a majority of the votes cast by the voters of the county, the governing body of the county may annually raise by taxation a sum not to exceed the amount or rate set forth in the proposition approved by the voters for the purposes specified therein.  If the amount or rate set forth in the proposition was not subdivided among the various purposes, the governing body of the county may determine the appropriate amount or rate to be allocated to each purpose after conducting at least one public hearing thereon.

c.Amounts raised by the levy imposed pursuant to this section shall be deposited into a "County Open Space, Recreation, and Farmland and Historic Preservation Trust Fund" to be created by the county, and shall be used exclusively for the purposes authorized by the voters of the county.  Any interest or other income earned on monies deposited into the county trust fund shall be credited to the fund to be used for the same purposes as the principal.  Separate accounts may be created within the county trust fund for the deposit of revenue to be expended for each of the purposes specified in the proposition approved by the voters of the county.  A county may deposit other funds into the County Open Space, Recreation, and Farmland and Historic Preservation Trust Fund, as it may, from time to time, deem appropriate.

d. (1) (a) Selection of lands for acquisition for recreation and conservation purposes shall be in accordance with an open space and recreation plan prepared and adopted by the county.

(b)Selection of projects to develop or maintain lands acquired for recreation and conservation purposes shall be in accordance with a open space and recreation development and maintenance plan prepared and adopted by the county.

(c)Selection of farmland for acquisition for farmland preservation purposes shall be in accordance with a farmland preservation plan prepared and adopted by the county or pursuant to the provisions of the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et al.) or any other law enacted for the purpose of preserving farmland, or any rules or regulations adopted pursuant thereto.

(d)Selection of historic preservation projects shall be in accordance with a historic preservation plan prepared and adopted by the county.

(2)Monies in the county trust fund may be used to pay the cost of preparing and adopting the plans required by this subsection.

e.The governing body of a county may submit to the voters of the county in a general or special election a proposition amending or supplementing a proposition previously submitted, approved, and implemented as provided pursuant to this section either (1) changing the amount or rate of the annual levy, or (2) adding or removing purposes authorized pursuant to this section for which the levy may be expended.  Upon approval of the amendatory or supplementary proposition by a majority of the votes cast by the voters of the county, the governing body of the county shall implement it in the same manner as set forth in this act for implementation of the original proposition.

f.Upon petition to the governing body of a county signed by the voters of the county equal in number to at least 15% of the votes cast therein at the last preceding general election, filed with the governing body at least 90 days before a general or special election, the governing body of the county shall submit to the voters of the county in the general or special election the proposition otherwise authorized pursuant to subsection a. or subsection e. of this section, as the case may be.

L.1997,c.24,s.2;  amended 2005, c.108, s.1.