[Ord. No. 97-015 § 1; Ord. No. 2000-001 § 1; Ord. No. 2005-030 § 1]
There is established a reserve in the General Capital Fund which
shall be known and designated as the "Reserve for Open Space Acquisition."
A special bank account shall be opened and maintained for this purpose.
Funds from the Reserve for Open Space Acquisition may, as directed
by the Mayor and Township Committee, be utilized to acquire a gift,
purchase or by eminent domain proceedings pursuant to N.J.S. 20:3-1
et seq., vacant land, easements, development rights, and land which
has improvements on it at the time of acquisition, where the principal
purpose of the acquisition is to preserve open space, including use
for active and passive recreation, as well as for the development
and maintenance of municipal properties for active and passive recreation.
In the event that the Mayor and Township Committee shall find it appropriate
to apportion the cost of acquisition between open space and improvements,
it may do so and charge the Reserve for that portion of the acquisition
price which is attributable to the open space, and the Township's
capital shall be charged for the portion of the acquisition that it
determines shall be attributed to improvements.
[Ord. No. 97-015 § 2; Ord. No. 2000-001 § 1; Ord. No. 2005-030 § 1; Ord. No. 2009-07 § 1; Ord. No. 2010-06; Ord.
No. 2011-04; Ord. No. 2012-04; Ord. No. 2013-05; Ord. No. 2015-09; Ord.
No. 2016-10; Ord. No. 2017-04; Ord. No. 2018-06; amended 4-11-2019 by Ord. No. 2019-06; -;4-9-2020 by Ord. No. 2020-05; 5-23-2023 by Ord. No. 2023-05]
The Reserve for Open Space Acquisition shall be funded through
the dedication to the fund of an amount of $0.015 per $100 of assessed
valuation for the tax levy for the year 2023. The Reserve shall also
be permitted to accept donations and testamentary bequests. The funds
accumulated within the Reserve may be utilized for the acquisition
of land, easements, or development rights in land within the Township,
including use for active and passive recreation, the development and
maintenance of municipal properties to be used for active and passive
recreation, or as a down payment for the issuance of bonds for the
same purposes at the discretion of the Township Committee. Any and
all interest accruing on said funds shall be placed into the Reserve
for Open Space Acquisition. Unless the Township Committee takes further
action, the annual tax levy for the Reserve for Open Space Acquisition
shall return to $0.02 per $100 of assessed valuation commencing with
the tax levy for the year 2024.
[Ord. No. 97-015 § 3]
No property acquired with these funds from the Reserve for Open
Space Acquisition shall be leased or sold, unless action has been
authorized by the Mayor and Township Committee and by referendum in
the manner prescribed by law. The deed for any property acquisition
with funds from the Reserve for Open Space Acquisition shall contain
the specific notation reflecting that the property was acquired with
funds from the Reserve for Open Space Acquisition.
[Ord. No. 97-015 § 4]
In the event that no property is acquired under this section
for a period of five consecutive years, then the Mayor and Township
Committee shall review its activities and issue a report with recommendations
and conclusions concerning the Reserve for Open Space Acquisition.
