[HISTORY: Adopted by the Township Committee
of the Township of Kingwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-16-1997 by Ord. No. 9-6-97]
[Amended 12-17-2001 by Ord. No. 11-12-2001]
There is hereby established an account in the
General Capital Fund which should be noted and designated as the "Reserve
for Open Space Funds." Subject to approval by resolution adopted by
the Township Committee, funds from the Reserve for Open Space Funds
account may be utilized to acquire any type of interest in real estate,
including, but not by way of limitation, fee simple acquisitions,
easements, development rights acquisitions and preservation, as well
as the costs to restore, repair, replace, upkeep and maintain the
improvements thereon, or the vacant land comprising the property,
and such other purposes as deemed appropriate by resolution of the
Township Committee in furtherance of the preserving of open space.
The acquisition of land shall mean undeveloped land as well as land
containing improvements at the time of acquisition, provided that
the principal purpose of the acquisition is to preserve open space.
The Township Committee shall have the option of either paying for
land acquisitions with improvements upon them solely through the Reserve
for Open Space Funds or by apportioning the cost thereof by charging
the Reserve for Open Space Funds for the land portion and the capital
account for the improvement portion. Acquisition may also occur via
gift, purchase or by eminent domain proceedings pursuant to N.J.S.A.
20:3-1 et seq.
A.
In 1997 and each year thereafter, a special tax rate
shall be added to the total Township tax rate in an amount not to
exceed $0.03 per $100 of the 1997 assessed valuation and each succeeding
year's valuation, with the funds raised therefrom to be deposited
in the Reserve for Open Space Funds. The special tax rate for 1997
shall be $0.03 per $100. Of the 1997 assessed valuation and thereafter,
the determination of the amount of the special tax rate for a given
year shall be set by resolution of the Township Committee. Additionally,
the Township Committee, by resolution, may determine to suspend for
one or more years the imposition of the special tax, based upon budgetary
and other considerations. The Chief Financial Officer of the Township
shall report annually as to the fund's status, balances and transactions.
B.
The Reserve for Open Space Funds shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the Reserve for Open Space Funds account shall be utilized for the acquisition for municipal purposes of real estate, and interest in real estate as more fully delineated in § 32-1 hereinabove, and for the costs to restore, repair, replace, upkeep and maintain the improvements thereon, or the vacant land comprising the property, and such other purposes as deemed appropriate by resolution of the Township Committee in furtherance of the preserving of open space. In connection with such acquisition, the funds may also be utilized for appraisals and other items of expense permitted by law in connection with the acquisition or as a down payment for the issuance of bonds or for debt service for the same purpose at the discretion of the Township Committee. Any and all interest accruing on the funds shall remain in the Reserve for Open Space Funds and may be utilized for the above-described purposes. In no eventuality shall the Township pay more than fair market value for the land to be acquired. The Township shall obtain a minimum of two appraisals from certified appraisers plus the evaluation of the Township Tax Assessor as a guide to the fair market value.
[Amended 12-17-2001 by Ord. No. 11-12-2001]
[Amended 12-17-2001 by Ord. No. 11-12-2001]
The property, comprised of land and any improvements
thereon, as well as any interest in property, acquired through the
Reserve for Open Space Funds shall be utilized for municipal purposes,
including but not limited to, parks, active and/or passive recreational
areas, greenways, wildlife habitats, and general preservation of farmland,
with the municipal use thereof as may be determined from time to time
by resolution of the Township Committee.
No real property or the interest therein acquired
with funds from the Reserve for Open Space Funds shall be sold, conveyed,
leased or otherwise alienated unless it is needed for another public
use or otherwise furthers the purpose of the trust. If such a sale,
lease or conveyance is authorized by the Township Committee, the moneys
received shall be placed into the Reserve for Open Space Funds for
use in replacing the open space with another property or similar interest
in real estate. The deed of any property acquired with funds from
the Reserve for Open Space Funds shall contain a specific notation
reflecting that the property was acquired with funds from the Reserve
for Open Space Funds.
A.
Establishment. There is hereby established an Open
Space Advisory Committee to review and recommend parcels of land and
interests therein for acquisition and preservation as open space within
the Township of Kingwood.
B.
Membership.
[Amended 2-4-2008 by Ord. No. 15-4-2008]
(1)
The Open Space Advisory Committee shall consist of
seven members to be appointed by the Township Committee. The membership
in the Open Space Advisory Committee shall include:
(a)
One member of the Township's Environmental Commission.
(b)
One member of the Planning Board of the Township
of Kingwood who shall not be an elected official.
(c)
One member of the Township Committee of the
Township of Kingwood.
(d)
Four members to be appointed from the general
citizenry of the Township.
(2)
The Planning Board and Environmental Commission members
shall have terms which correspond with the terms of their respective
appointive offices. The Township Committee members shall be appointed
annually. The four members of the general citizenry shall be appointed
for three-year terms. Members who are appointed from the general citizenry
shall have terms of three years; however, the initial public members
appointed shall have the following terms as designated by the Township
Committee:
C.
Duties and functions.
(1)
The Open Space Advisory Committee shall annually review,
update and submit to the Township Committee the Open Space Plan for
the Township of Kingwood. It shall review and update the inventory
of open space properties within the Township and re-evaluate and prioritize
such open space properties through the criteria established by the
Open Space Committee. It shall review, update and recommend to the
Township Committee the parcel ranking as well as make recommendations
concerning the nature of the interests in such real estate to be acquired
and for the purposes for which such land should be utilized.
(2)
The Open Space Advisory Committee shall assist the
Township in the establishment of an Open Space Tracking Program to
catalog the state of privately owned open space in the Township and
record the Township's progress with respect to open space preservation.
(3)
The Open Space Advisory Committee shall provide guidance
and support to the Township Committee and Planning Board on issues
and matters of open space.
(4)
The Open Space Advisory Committee shall periodically
review its functions and submit recommendations to the Township Committee
as to whether additional duties should be assigned or delegated to
the Advisory Committee.
(5)
The Open Space Advisory Committee shall select from
among its members a Chairperson and a Vice Chairperson to serve as
the presiding officer in the absence of the Chairperson. The Committee
shall also select a Secretary whose function shall be to maintain
minutes of the Committee's meetings and records of the proceedings
of the Committee.
The Township Committee shall periodically review
this article and shall amend it as necessary to carry out the goal
of open space preservation. In the event that no property is acquired
or financed under this article or no action has been taken to rescind
or modify the provisions of this article for a period of five consecutive
years, then the Township Committee shall conduct a review and issue
a report with recommendations and conclusions concerning the continuation
of the special tax and Reserve for Open Space Funds.
