Township of Lebanon, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lebanon 9-7-2011 by Ord. No. 2011-09. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental and Open Space Commission — See Ch. 32.
Parks and playgrounds — See Ch. 269.
Subdivision of land — See Ch. 330.
Zoning — See Ch. 400.
[Amended 10-17-2012 by Ord. No. 2012-04]
A. 
There is hereby established a reserve in the General Capital Fund which shall be known and designated as the "Open Space Trust Fund." A special bank account shall be opened and maintained for this purpose. Funds from the Open Space Trust Fund may, as directed by the Mayor and Township Committee, be utilized for the following purposes, or any combination thereof:
(1) 
Acquisition of lands for recreation and conservation purposes;
(2) 
Acquisition of farmland for farmland preservation purposes;
(3) 
Maintenance of lands acquired for recreation and conservation purposes;
(4) 
Payment of debt service on indebtedness issued or incurred by the Township of Lebanon for any of the purposes set forth in Subsection A(1), (2) or (3) above, and A(5), (6) and (7) below;
[Amended 12-18-2019 by Ord. No. 2019-09]
(5) 
Development of lands acquired for recreation and conservation purposes;
[Added 12-18-2019 by Ord. No. 2019-09]
(6) 
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; or
[Added 12-18-2019 by Ord. No. 2019-09]
(7) 
Blue Acres projects.
[Added 12-18-2019 by Ord. No. 2019-09]
B. 
Acquisition shall include by gift, purchase, or by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq. and shall include development easements, or 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 purposes, or any combination of them, set forth above.
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 purposes set forth above.
The Open Space Trust Fund shall be funded through the dedication to the fund of an amount not to exceed $0.04 per $100 of assessed valuation of each annual tax levy. The fund shall also be permitted to accept donations and testamentary bequests. The accumulated receipts and deposits with the fund may be utilized for the purposes set forth herein. All monies set aside for open space as of the effective date of this chapter shall be deposited in the fund.
A. 
No property acquired with these funds shall be leased or sold, unless such 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 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 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 hereunder.
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 reasonable equivalent usefulness, size, quality and location to the land or improvements transferred from the trust.