[HISTORY: Adopted by the City Council of the City of Port
Republic as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-14-2005 by Ord. No. 07-2005]
Pursuant to N.J.S.A. 40:12-15.7, there is hereby established
an Open Space Fund for the preservation, acquisition, development
and maintenance of land dedicated to open space use for recreation
and conservation purposes. The Open Space Fund shall be administered
by the City Council. The Open Space Fund may only be used for purposes
which benefit the public.
As used in this article, the following terms shall have the
meanings indicated:
The act of acquiring land in fee simple or by a lesser interest,
whether by donation, purchase, condemnation, exchange, or devise.
Monies appropriated from the Open Space Fund for major repairs
or replacement of items provided during the development of land used
for recreational and conservation purposes.
Any improvement to land acquired for recreation and conservation
purposes designed to expand and enhance its utilization for those
purposes.
Land which is dedicated for public enjoyment which may be
vacant or developed for passive recreational and conservation purposes.
To maintain land unchanged from the natural state.
The use of lands for parks, open space, natural areas, ecological
and biological study, forest, water reserves, wildlife preserves,
fishing, hunting, camping, boating, winter sports, or similar uses
for either public outdoor recreation or conservation of the natural
resources, or both, or the use of lands for public indoor recreation,
which includes, but is not limited to, swimming pools, basketball
courts, and ice-skating rinks open for public use.
Any person occupying or maintaining a place of residence
within the City.
The City Council is authorized by majority vote to select, acquire,
develop, and maintain specified lands, easements and/or development
rights to open space within the City in the manner it deems appropriate.
By ordinance, the City Council shall determine the amount of funds
to be allocated for each of the various purposes.
A.
A special tax levy shall be added to the total City tax rate in the
amount of $0.02 per $100 of the annual assessed valuations. The revenue
from the levy shall be deposited into the Open Space Fund. A separate
bank account shall be opened and maintained for this purpose.
B.
The City Council may, in its discretion, deposit additional municipal,
state, and federal monies into the Open Space Fund, which deposits
shall then be subjected to all of the provisions governing the Open
Space Fund.
C.
The Open Space Fund shall be permitted to accept donations and testamentary
bequests.
D.
Funds accumulated within the Open Space Fund shall be utilized for:
(1)
Acquisition and preservation of land. Funds may be used to acquire
all types of interests in real property, including, but not limited
to, fee simple acquisitions, easements, development rights or any
other lesser interests in real estate which will further the goal
of open space acquisition and preservation. The lands in which such
interest may be acquired shall include 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. In connection with acquisition and preservation, funds may
be used for appraisals, surveys, 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.
(2)
Recreational and conservational development. Funds may be used to
develop open space lands for recreational use which benefits the public.
Recreational use must be passive in nature. Development may also include
structures or devices that benefit, enhance, or are an accessory to
the recreational use of the open space land.
(3)
Capital maintenance. Funds may be used for capital maintenance of
items provided or acquired during the development of the open space
land for recreational use. Funds may not be used for routine grounds
maintenance, salaries, or benefits of employees.
A.
No property
or interest in land acquired with funds from the Open Space Fund shall
be leased, sold or otherwise disposed of by the City unless it is
needed for another public use or otherwise furthers the purposes of
the Open Space Fund. If such a sale, lease or conveyance is made,
the City Council shall be required to:
B.
In satisfying the requirements of Subsection A(2), the City Council shall not be required to expend the entire proceeds of the sale, lease or conveyance at a single time or on a single acquisition, or to expend the proceeds within a specific time following the sale, lease or conveyance, and may, in its discretion, combine all or a portion of the proceeds with other monies from within or outside the Open Space Fund toward any acquisition which is permissible under this article, provided that the property or interest so acquired is made subject to all of the restrictions of this article.
A plan should be prepared to identify facilities and sites to
be developed, redeveloped and improved as passive recreation or conservation.
The plan shall be periodically updated at the discretion of the City
Council.
