[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.
[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.
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.