[Adopted 4-5-1999 by Ord. No. 99-5]
There is hereby established an Open Space Committee
consisting of seven members (the "Committee").
A.
Borough resident membership. The Open Space Committee
shall consist of six residents of the Borough appointed as follows:
(1)
The Mayor or one member of the Borough Council appointed
by the Mayor.
(2)
The Chair of the Planning Board or one member of the
Planning Board appointed by the Chair.
(3)
One member of the Environmental Commission appointed
by the Chair, who may appoint himself or herself.
(4)
One member of the Economic Development Commission
appointed by the Chair, who may appoint himself or herself.
(5)
Two citizen members, and up to two alternates, appointed
by the Mayor and Council.
B.
Nonresident membership. The Hopewell Township Open
Space Committee may, in its discretion, appoint one of its members
to the Committee as a voting member.
A.
The Mayor shall serve for so long as he or she holds
such position.
B.
The representatives of the Planning Board, Environmental
Commission and Economic Development Commission shall have initial
terms of one, two and three years, respectively, and thereafter be
appointed for a term of three years and until the appointment and
qualifications of his/her successor.
C.
One of the citizens of the Borough appointed by the
Mayor and so designated by the Mayor at the time of appointment shall
have an initial term of three years and thereafter be appointed for
a term of three years and until the appointment and qualification
of his/her successor.
D.
One of the citizens of the Borough appointed by the
Mayor and so designated by the Mayor at the time of appointment shall
have an initial term of two years and thereafter be appointed for
a term of three years and until the appointment and qualification
of his/her successor.
E.
The member of the Hopewell Township Open Space Committee
shall have a term of one year.
A.
Officers. The Committee shall select from among its
members a Chair and a Vice Chair to serve as the presiding officer
in the absence of the Chair. The Committee shall also select a Secretary
whose function shall be to maintain minutes of the Committee's meetings
and records of its proceedings.
B.
Initial organization meeting. The Committee shall
hold its initial organization meeting within 60 days after the final
adoption of this article.
C.
Meetings. The Committee shall hold public meetings,
which public meetings shall be held in accordance with the Open Public
Meetings Act (N.J.S.A. 10:4-6 et seq.).
D.
Procedures. The Committee shall determine the criteria
which are to be used in analyzing properties for possible acquisition
by the Borough either alone or in conjunction with other public entities
or qualified nonprofit organizations whether in fee, by easement or
by means of development rights. From time to time, the Committee shall
advise the Borough Council of properties, which it has determined
meet the criteria and might be suitable for acquisition. The Borough
Council shall determine which properties, easements or development
rights should be acquired. After selection of the lands, easements
or development rights as herein above provided, the Borough may proceed
to acquire by gift, purchase or by eminent domain proceedings pursuant
to N.J.S.A. 20:3-1 et seq. the identified lands, easements or development
rights either alone or in conjunction with other public entities or
qualified nonprofit organizations within the financial constraints
established by the Borough Council.
A.
Establishment of Open Space Trust Fund. There is hereby
established a reserve in the Borough's general capital fund which
shall be known and designated as the "Open Space Trust Fund" (the
"fund"). A separate bank account shall be opened and maintained for
this purpose.
B.
Funding. The Open Space Trust Fund shall be funded
through the dedication to the fund of an amount as determined from
time to time by the registered voters of the Borough pursuant to N.J.S.A.
40:12-15.7. Donations and testamentary bequests made for the purposes
enumerated in N.J.S.A. 40:12-15.7 shall be deposited in this fund.
The moneys accumulated within the fund may be utilized for the acquisition
of land, easements and/or development rights or as a down payment
for the issuance of bonds for the same purpose at the discretion of
the Borough Council. Any and all interest accruing shall remain in
the fund and may be utilized for the above-described purpose.
C.
Use of funds.
(1)
Funds from the account may be used, as directed by
the Borough Council, to acquire, develop and maintain vacant land,
easements and development rights for recreation and conservation purposes.
Funds from the account may also be used to acquire land that 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
Borough Council shall find it appropriate to apportion the cost of
acquisition between open space and 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 Borough's capital
account for the value that it determines attributable to improvements.
(2)
Money from the fund may also be used to cover expenses
related to the authorized acquisitions, including but not limited
to appraisals, surveys, title searches and legal fees.
No property or interest in land acquired with
funds from the fund shall be sold or otherwise disposed of by the
Borough Council until the disposition has been authorized by the Borough
Council after and in accordance with public referendum in the manner
prescribed by law. The deed for any property acquired with funds from
the fund shall contain the specific notation reflecting that the property
was acquired with funds from the fund.
In the event that no property is acquired for
a period of five consecutive years, then the Borough Council shall
review the activities of the Committee and may elect to submit to
the registered voters the question of whether the Committee should
be dissolved, the fund liquidated and the open space tax repealed.
If the open space tax is repealed and the fund liquidated, any remaining
funds shall be transferred to a qualified nonprofit entity, whose
principal purpose is the acquisition, development and maintenance
of lands for recreation and conservation purposes.
