[HISTORY: Adopted by the Township Committee: Art. I, 7-3-1997 by Ord. No. 295-97. Amendments noted where applicable.]
GENERAL REFERENCES
Farming — See Ch. 81.
Taxation — See Ch. 139.
[Adopted 7-3-1997 by Ord. No. 295-97[1]]
[1]
Editor's Note: The preamble for this ordinance reads as follows:
"WHEREAS, the Mayor and Township Committee of the Township of Bethlehem, County of Husterdon, and State of New Jersey, recognize the benefits to society in general, the community and its neighborhoods, from the preservation of open space for passive and active recreational purposes and farmland for agricultural or horticultural use; and
"WHEREAS, by a vote of 299 to 388, the voters of the Township of Bethlehem approved a local question that appeared on the November 5, 1996, general election ballot and which question sought voter input on the establishment of an open space trust fund funded through the collection of local property taxes in the amount of $0.02 per hundred of assessed value to be designated solely for the acquisition of property, including farmlands and easements within the Township of Bethlehem and for the creation of active and passive recreational areas; and
"WHEREAS, the Legislature of the State of New Jersey has enacted P.L. 1997, c. 24 (N.J.S.A. 40:12-15.1 et al), that provides in pertinent part for the establishment of a municipal trust fund for the acquisition and development of lands for recreation and acquisition of farmland for farmland preservation upon the approval of a local question in a general or special election."
It is the express intention of this chapter to establish a Municipal Open Space, Recreation and Farmland Preservation Trust Fund (hereinafter referred to as "Municipal Trust Fund") pursuant to P.L. 1997, c. 24, and the local question approved by the voters of the Township of Bethlehem, which said fund shall be utilized to acquire land, including farmland, for active and passive recreation and farmland preservation.
As used in this article, the following terms shall have the meanings indicated:
ACQUISITION
The securing of a fee simple or a lesser interest in land, including but not limited to an easement restricting development, by gift, purchase, installment purchase agreement, devise or condemnation.
DEVELOPMENT
Any improvement to land acquired for recreation and conservation purposes designed to expand and enhance its utilization for those purposes.
FARMLAND
Land actively devoted to agricultural or horticultural use that is valued, assessed and taxed pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23 et seq).
FARMLAND PRESERVATION PURPOSES
The long-term preservation of farmland for agricultural or horticultural use.
LAND or LANDS
Real property, including improvements thereof or thereon, rights-of-way, water, lakes, riparian and other rights, easements, privileges and all other rights or interests of any kind or description in, relating to or connected with real property.
RECREATION AND CONSERVATION PURPOSES
The use of lands for parks, open space, natural areas, ecological and biological study, forests, water reserves, wildlife preserves, fishing, hunting, camping, boating, winter sports or similar uses for either public outdoor recreation or conservation of natural resources, or both, or the use of lands for public indoor recreation.
[Amended 3-16-2000 by Ord. No. 295-2-2000]
A. 
The Township Committee may annually raise by taxation a sum not to exceed $0.05 per $100 of assessed value to be utilized for any or all of the following purposes:
(1) 
Acquisition, development and/or maintenance of lands for recreation and conservation purposes;
(2) 
Acquisition of farmland for farmland preservation purposes; or
(3) 
Payment of debt service on indebtedness issued or incurred by the township for any of the purposes set forth in Subsection A(1) and (2).
B. 
The Township Committee shall determine, on an annual basis after at least one public hearing, the appropriate rate to be assessed and the allocation of the funds collected between the purposes set forth herein.
A. 
Amounts raised by the tax assessment imposed pursuant to this article shall be deposited into the Township of Bethlehem Municipal Open Space, Recreation and Farmland Preservation Trust Fund to be created by the township and be used exclusively for the purposes authorized by the voters of the township.
B. 
Any interest or other income earned on moneys deposited into the Municipal Trust Fund shall be credited to the Fund to be used for the same purposes as the principal.
C. 
Separate accounts shall be created within the Municipal Trust Fund for the deposit of revenue to expended for each of the purposes specified in this article and approved by the voters.
A. 
Lands acquired by the township using revenue raised pursuant to this article shall be held in trust and shall be used exclusively for the purposes authorized under this article.
B. 
After conducting at least one public hearing and upon finding that the purposes of this article will otherwise be better served or that any land acquired by the township is required for another public use, which findings shall be set forth in an ordinance adopted by the Township Committee, the Committee may convey, through sale, exchange, transfer or other disposition, title to or a lesser interest in any lands acquired, provided that the Committee shall replace any such land conveyed by land of at least equal fair market value and of reasonably equivalent usefulness, size, quality and location to the land conveyed.
C. 
All moneys derived from any conveyance as provided herein shall be deposited into the Municipal Trust Fund.