[HISTORY: Adopted by the Township Committee of the Township of Mansfield 6-25-1997 by Ord. No. 01-97. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and site plan review — See Ch. 362.
A. 
There is hereby established a reserve in the General Capital Fund which shall be known and designated as the "Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund." A special bank account shall be opened and maintained for this purpose. Funds from the Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund may, as directed by the Mayor and Township Committee, be utilized to acquire by gift, purchase of by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq., development easements, other easements, vacant land, as well as land which has improvements upon it at the time of acquisition, where the principal purpose of the acquisition is for any or all of the following purposes, or any combination thereof:
(1) 
Acquisition of lands for recreation and conservation purposes;
(2) 
Development of lands acquired for recreation and conservation purposes;
(3) 
Maintenance of lands acquired for recreation and conservation purposes;
(4) 
Acquisition of farmland for farmland preservation purposes;
(5) 
Historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes; or
(6) 
Payment of debt service on indebtedness issued or incurred by the Township of Mansfield for any of the purposes set forth in Subsection A(1) through (5) above.
B. 
Any such land or improvements purchased thereunder shall be held by the Township of Mansfield in trust.
The Mayor and Township Committee, annually, after the holding of one public hearing thereon, shall apportion and allocate the use of such tax receipts among the purpose or purposes set forth in § 69-1A(1) through (6).
[Amended 12-18-2002 by Ord. No. 2002-23; 4-22-2009 by Ord. No. 2009-06; 4-28-2010 by Ord. No. 2010-05; 4-11-2012 by Ord. No. 2012-03]
The Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund shall be funded through the dedication to the fund of an amount of $0.02 per $100 of assessed valuation of each annual tax levy commencing with the year tax and budget year 2012. The fund shall also be permitted to accept donations and testamentary bequests. The accumulated receipts and deposits within the fund may be utilized for the purposes set forth in §§ 69-1 and 62-2 herein. Any and all interest accruing shall be retained in and used for the same purposes as established in accordance with §§ 69-1 and 69-2 herein.
A. 
No property acquired with these funds shall be leased or sold, unless action has been authorized by the Mayor and Township Committee in a manner as prescribed by law.
B. 
The Mayor and Township Committee, after at least one public hearing thereon, and upon a finding that the purposes of this chapter might otherwise be better served or that any land acquired by the Township of Mansfield pursuant to this chapter is required for another public use, may by ordinance convey, through sale, exchange, transfer or other disposition, title to, or a lesser interest in, that land, provided that the Township of Mansfield shall replace any land conveyed under this section by land of at least equal fair market value and of reasonably equivalent usefulness, size, quality and location to the land conveyed. Any money derived from the conveyance shall be deposited into the fund created thereunder.
C. 
Any conveyance made pursuant to this section shall be made in strict accordance with the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.). In the event of conveyance by exchange, the land or improvements thereon to be transferred to the trust shall be at least equal in fair market value and of reasonably equivalent usefulness, size, quality and location to the land or improvements transferred from the trust.
In the event that no property is acquired under this chapter for a period of five consecutive years, then the Mayor and Township Committee shall review the activities of the Advisory Open Space Committee and issue a report with recommendations and conclusions concerning the continuation of the fund.