It is the express intention of this chapter to establish a Municipal
Open Space, Recreation and Farmland Preservation Trust Fund (hereinafter refined
to as "Municipal Trust Fund"), pursuant to P.L. 1997, c. 24 (N.J.S.A. 40:12-15.1
et seq.) and the local question approved by the voters of the Township of
Franklin, which said fund shall be utilized to acquire, develop and maintain
lands for recreation and conservation purposes and to acquire farmland for
farmland and preservation purposes.
As used in this chapter, 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/or 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 farmed pursuant to the Farmland Assessment
Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
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 and/or connected
with real property.
RECREATION AND CONSERVATION PURPOSES
The use of lands or 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.
The Township Committee will conduct a review at five-year intervals
for the continuing need for the Municipal Trust Fund. Said fund can only be
terminated upon approval by a public referendum.