Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Requesting approval to establish a Dedication by Rider Trust
Purpose: Resolution requesting permission of the Director of Local Government Services, New Jersey Department of Community Affairs, to establish a Dedication by Rider Trust for all revenue received under Ordinance 6PSF-c February 4, 2015, for tree planting and preservation costs
Additional Information:
body
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonably accurate estimates in advance; and
WHEREAS, Title 41 (Newark Zoning & Land Use Regulations) within the Newark Municipal Code, adopted by Ordinance 6PSF-c February 4, 2015, provides for receipt of funds by the municipality be placed in the Tree Planting and Preservation Account for tree planting and preservation costs; and
WHEREAS, N.J.S.A. 40A:4-39 provides the dedicated revenues anticipated from the Tree Planting and Preservation Account are hereby anticipated as revenue and are hereby appropriated for the purpose to which said revenue is dedicated by statute or other legal requirement:
WHEREAS, N.J.S.A. 40:4-39 provides that in the budget of any local unit, dedicated revenues anticipated during the fiscal year be included in said budget; and
WHEREAS, dedicated revenues included in accordance with N.J.S.A. 40A:4-39 shall be available for expenditure by the local unit as and when received in cash during the fiscal year; and
WHEREAS, on December 18, 2014, the New Jersey State Community Forestry Council of the New Jersey State Forestry Services within the New Jersey Department of Environmental Protection, approved the City of Newark’s five (5) year Community Forestry Management Plan for 2014-2018 calendar year, as attached hereto as Exhibit A; and
WHEREAS, on February 4, 2015, the Municipal Council adopted Ordinance 6PSF-c February 4, 2015, repealing Title 40 of the Municipal Code of the City of Newark (Land Use Ordinance), Title 37 of the Municipal Code of the City of Newark (Land Use Procedures), and Title 38 of the Municipal Code of the City of Newark (Subdivision/Site Plan Ordinance) and adopting Title 41 (Newark Zoning & Land Use Regulations) within the Newark Municipal Code; and
WHEREAS, Title 41 (Newark Zoning & Land Use Regulations) within the Newark Municipal Code, requires the planting of trees at new developments and the replacement of trees removed to accommodate new construction projects; and
WHEREAS, Title 41 (Newark Zoning & Land Use Regulations) within the Newark Municipal Code also established a Tree Planting and Preservation Fund for those instances where donations are at times received and where a developer cannot replace or develop new trees as required and must therefore pay an amount to the city equal to the value of said trees and planting cost; and
WHEREAS, the Tree Planting and Preservation Fund will be used to further the efforts of the city’s urban forestry program through tree planting and tree maintenance; and
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Municipal Council of the City of Newark, New Jersey hereby requests the permission of the Director of Local Government of the State of New Jersey, to permit all revenue received under Title 41 (Newark Zoning & Land Use Regulations) within the Newark Municipal Code, adopted by Ordinance 6PSF-c on February 4, 2015, and all donations received by the City for tree planting and preservation be placed into the Tree Planting and Preservation Account as a Dedication by Rider in accordance with provisions of N.J.S.A. 40A:4-39 and further that a trust fund is established for said purpose.
2. The Director of Local Government Services in the Department of Community Affairs be and is hereby requested to give written consent to the insertion, under dedication by rider in the budget to the aforementioned Tree Planting and Preservation Account.
3. Funds deposited into the Tree Planting and Preservation Account pursuant to this Resolution will be used to plant and maintain trees and responsibly manage the urban forest of Newark in conformance with the attached Community Forestry Management Plan approved by the State.
4. The Mayor and/or his designee the Director of Engineering, is hereby directed to manage the funds in consultation with the Directors of Public Works and Economic and Housing Development, and any other relevant City department.
5. The City Clerk shall furnish two (2) certified copies of this resolution to the Director of the Division of Local Government Services in the Department of Community Affairs pursuant to N.J.S.A. 40A:4-39.
STATEMENT
This legislation requests written authorization from the Director of Local Government Services and the Department of Community Affairs, to provide a Dedication by Rider for such use of funds and will permit the City to deposit all revenue received under ordinance 6PSF-c adopted by the Municipal Council on February 4, 2015 and all donations received by the City to further its urban forestry, tree planting and preservation efforts into the Tree Planting and Preservation Fund established by ordinance 6PSF-c, February 4, 2015, which efforts shall conform with the state-approved Community Forestry Management Plan.