Township of Jefferson, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Jefferson 2-18-2015 by Ord. No. 3-15.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Open Space Advisory Committee — See Ch. 96.
Development fees — See Ch. 193.
Forest, tree and soil preservation and mitigation — See Ch. 273.
[1]
Editor's Note: This ordinance repealed former Ch. 54, Funds, comprised of Art. I, Open Space Trust Fund, adopted 12-17-1997 by Ord. No. 26-97 (Ch. 43, Art. I of the 1967 Code), as amended; and Art. II, Reserve for Parks and Recreation Development, Redevelopment and Improvement, adopted 1-20-1999 by Ord. No. 3-99 (Ch. 43, Art. II of the 1967 Code).

§ 54-1 Open Space Trust Fund establishment.

There is hereby established an Open Space Trust Fund, which fund shall be administered by the Township Council.

§ 54-2 Powers and duties.

The Township Council is authorized by a majority vote to acquire lands, easements and/or development rights for open space, which lands may be used for active or passive recreation. The Township Council shall determine the amount of funds that shall be made available for each acquisition. In addition, the Council shall have the right to use the funds as established in this chapter, in addition for the acquisition of lands, easements and/or development rights, to develop any lands either acquired pursuant to this chapter or already owned and maintained by the Township, for parks, recreational development, redevelopment and improvement as may directed by the Township Council. This shall include the development, redevelopment and improvement of active and passive recreation areas owned by the Township.

§ 54-3 Funding.

A. 
There is hereby established a reserve in the Township's general capital fund, which shall be known and designated as the "Open Space Trust Fund." A separate bank account shall be opened and maintained for this purpose. Funds from the account may be used as directed by the Township Council, to acquire vacant land, easements and/or development rights, as well as for the development, redevelopment and improvement of lands owned by the Township, including development, redevelopment and improvement for active and passive recreation. Funds from the account may also be used to acquire land which has improvements upon it at the time of acquisition; provided that the principal purpose of the acquisition is to preserve open space. In the event that the Township Council shall find it appropriate to apportion the cost of acquisition between open space improvements, it may do so and charge the Open Space Trust Fund for the approximate value that it deems appropriate relative to open space, and the Township's capital account for the value that it determines attributable to improvements.
B. 
The Open Space Trust Fund shall be funded through the dedication to the fund of an amount not to exceed $0.03 per $100 of assessed valuation of each annual tax levy. The fund shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the fund may be utilized for the acquisition of land, easements and/or development rights, as well as a downpayment for the issuance of bonds for the same purpose, at the discretion of the Township Council. In addition, said funds may be used for the development, redevelopment and improvement for the purposes of active and/or passive recreation on land and property owned by the Township, including any buildings existing on said land. Said funds may also be used for the repayment of bonds and/or notes issued for said purposes, and for other related purposes at the discretion of the Township Council. Any and all interest accruing on said funds shall remain in the fund and may be utilized for the above-described purposes.

§ 54-4 Right to acquire property pursuant to eminent domain.

The Township Council is hereby authorized by a majority vote in accordance with N.J.S.A. 20:3-1 et seq., to acquire by eminent domain properties purchased using funds from the Open Space Trust Fund.

§ 54-5 Disposition of property or other interest in land.

No property or interest in land acquired with funds from the Open Space Trust Fund shall be leased, sold or otherwise disposed of by the Township until the disposition has been authorized and approved by the Township Council, after and in accordance with a binding public referendum.

§ 54-6 Preparation of plan.

A plan should be prepared to identify facilities and sites to be developed and redeveloped and/or improved as active or passive recreation, which plan shall be periodically updated at the discretion of the Mayor and Township Council.