[HISTORY: Adopted by the Township Council
of the Township of Chester as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Open Space Advisory Committee — See Ch. 36.
[Adopted 5-18-1999[1]]
[1]
Editor's Note: This ordinance superseded former
Ch. 21, Art. I, Open Space Trust Fund, adopted 3-5-1996 by Ord. No.
96-1.
There is hereby established an Open Space Trust
Fund, which fund shall be administered by the Mayor and Council.
A.
The Mayor and Council are authorized by majority vote
to make the acquisition of lands, easements and/or development rights
to specified lands in the township.
B.
The Township Council shall determine the amount of
funds that the Council shall make available for each acquisition.
C.
After selection of the lands, easements or development
rights as hereinabove provided, the Mayor and Council 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 within the financial constraints established by the Township
Council.
A.
There is hereby established a reserve in the township's
general capital fund, which shall be known and designated as the "Open
Space Trust Fund." A separate bank account shall be opened and maintained
for this purpose.
B.
Funds from the account may be used, as directed by
the Mayor and Council, to acquire vacant land, easements and development
rights. Funds from the account may also be used to acquire land which
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 Mayor and 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 they deem appropriate relative to open space and the Township's
capital account for the value that it determines attributable to improvements.
Further, funds from the account may be used for recreationally related
development and improvement of lands acquired for recreation and conservation
purposes and maintenance of lands acquired for recreation and conservation
purposes.
[Amended 12-1-2015 by Ord. No. 2015-12]
C.
The Open Space Trust Fund shall be funded through
the dedication to the fund of an amount not to exceed $0.02 per $100
of assessed valuation of each annual tax levy. The fund shall also
be permitted to accept donations and testamentary bequests. The funds
accumulated within the Fund may be utilized for the acquisition of
land, easements and/or development rights as a downpayment for the
issuance of bonds for the same purpose, at the discretion of the Mayor
and Council. Any and all interest accruing shall remain in the fund
and may be utilized for the above-described purposes.
No property or interest in land acquired with
funds from the Open Space Trust Fund shall be leased, sold or otherwise
disposed of by the township until the disposition has been authorized
by the Mayor and Council after and in accordance with a binding public
referendum.
Prior to July 1, 2000, the Mayor and Council
shall review the desirability of continuation of additional funding
of the Open Space Trust Fund, and either authorize the continuation
or termination of the fund. In the event that a determination is made
not to continue funding, this article shall no longer be valid after
December 31, 2000.
[Adopted 8-1-2000]
There is hereby established a Dedicated Fund
for Municipal Parks and Township Recreation.
The use of the funds in the dedicated fund shall
be determined by the Mayor and Council for municipal parks and for
use towards township recreation.
The dedicated fund shall be funded from all
revenues received in connection with the leasing of said parcel for
cell tower use.
The dedicated fund shall be established annually
by an appropriation named "Dedicated Fund for Municipal Parks and
Township Recreation." This annual appropriation will not be subject
to transfer as provided by N.J.S.A. 40A:4-58.
