[Ord. No. 98/28]
Shall mean land or water areas to be retained in a largely
natural or undeveloped state, for purposes of, among other things,
providing parkland or green spaces, protecting ecologically sensitive
areas, preserving flora and wildlife, or protecting or preserving
areas of scenic, historic and cultural value, while at the same time
affording, whenever practicable, public outdoor recreational opportunities
for the residents of the Borough of Watchung and may include a recreational
area such as a golf course (this definition of "open space" is in
accordance with N.J.S.A. 40:12-16).
[Ord. No. 98/28]
a.
Fund Established. There is hereby established a reserve in the general
capital fund which shall be noted and designated as the "Municipal
Open, Recreation and Farmland and Historic Space Trust Fund" ("Open
Space Trust Fund"). A separate bank account shall be established and
maintained therefor entitled "Borough of Watchung Municipal Open Space,
Recreation and Farmland and Historic Trust Account."
b.
Use of Funds. As directed by the Borough Council, funds from the
Open Space Trust Fund may be utilized to acquire all types of interests
in real estate property, including, not by way of limitation; Fee
simple acquisitions, easements, development rights, or any other lesser
interests in real estate which will further the goal of acquiring,
developing and maintaining lands for recreation and conservation purposes
as defined above; farmland for farmland preservation purposes and
historic preservation of historic properties, structures, facilities,
sites, areas or objects and the acquisition of such properties for
historic preservation purposes. The lands in which such interests
may be acquired shall include undeveloped land as well as land containing
improvements at the time of acquisition. The Borough Council shall
have the option of paying for land acquisitions with improvements
upon them either solely through the Open Space Trust Fund or by apportioning
the cost thereof by charging the Open Space Trust Fund for the land
portion and the capital account for the improvement portion. It is
understood that such acquisition may occur via gift, purchase or by
eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq. In
addition, the Borough Council may authorize the disbursement of monies
from the Open Space Trust Fund to assist any recognized public or
recognized private entity in acquiring interest in real property,
located within the Borough, for the purposes stated herein, provided
that suitable arrangements are made to assure (i) that such lands
are made subject to restrictions substantially similar to those imposed
by this section, and (ii) that in the event such interests subsequently
are sold, the net proceeds of such disposition will be paid over to
the Borough's Open Space Trust Fund in the same proportion that the
Borough's contribution bore to the original purchase price.
[Ord. No. 98/28; Ord. No. OR:10/12]
Effective with the 2010 tax bill, a special tax rate shall be added to the total Borough tax rate in the amount of zero ($0.00) cents per hundred ($100.00) dollars of the annual assessed valuations and tax rate, the revenue from which shall be deposited into the Open Space Trust Fund. Beginning with the 2011 tax bill, this rate shall be returned to its original amount of two ($0.02) cents per hundred ($100.00) dollars of the annual assessed valuations and the tax rate. The Open Space Trust Fund shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the Open Space Trust Fund shall be utilized for the acquisition of real estate and interests in real estate more fully delineated in subsection 2-70.2. In connection with such acquisition, the funds may be utilized for appraisals, legal expenses 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 at the discretion of the Borough Council. Any and all interest accruing shall remain in the Open Space Trust Fund and may be utilized for the above described purposes. In no event shall the Borough pay more than fair market value for the land to be acquired. The Borough shall obtain a minimum of one appraisal from a certified appraiser plus the appraisal of the tax assessor, as a guide to the fair market value. The costs of such appraisal may be paid out of the Open Space Trust Fund.
[Ord. No. 98/28]
The land acquired under the Open Space Trust Fund shall be utilized
for all categories of open space including, but not limited to: parks,
recreation areas, natural areas, green ways, wildlife habitats, preservation
of farmland, preservation of areas of scenic, historic and cultural
value and such other uses consistent with the concept of open space.
[Ord. No. 98/28]
No real property or interest herein acquired with the funds
from the Open Space Trust Fund shall be sold, conveyed, leased or
otherwise alienated unless it is needed for another open space public
use or otherwise furthers the purposes of the Trust. If such a sale,
lease or conveyance is made, the Borough Council shall be required
to: (i) place the monies received into the Open Space Trust Fund;
and (ii) in due course, replace such property or interest with property
or an interest of at least equal fair market value and of reasonably
equivalent usefulness, size, quality, and location. The deed of any
property acquired with funds from the Open Space Trust Fund shall
contain a specific notation reflecting that the property was acquired
with funds from the Open Space Trust Fund.
[Ord. No. 2018-08]
a.
The policy of the Borough of Watchung regarding the acquisition of
open space recognizes that preservation of a reasonable amount of
undeveloped land is necessary if the Borough is to maintain its current
desirable ambiance.
b.
The residents of the Borough have a high stake in the acquisition
of open space and have demonstrated their support through authorizing
the institution of a tax dedicated for this purpose. Residents and
landowners shall be kept informed as to the activities of the Environmental
Commission's open space activities and communication with the Environmental
Commission is encouraged.
c.
Acquisition needs to be undertaken as quickly and continuously as
possible because the availability of appropriate sites will decrease
as development continues within the Borough and the costs of acquisition
may increase as open space decreases. The policy of the Borough shall
be to leverage Borough resources through accessing County, State and
Federal funds, through the use of grants and/or loans which may be
serviced through existing revenues and other appropriate sources and
gifts and bequests.
d.
Open space acquisitions when taken as a whole must meet the needs
of all the residents of the Borough. Thus, acquisitions are to include
parklands and green zones, outdoor recreational facilities, farmlands,
ecologically sensitive zones, and sites of historical, cultural or
scenic value. The policy of the Borough shall require that sites considered
for acquisition be judged within the context of a Borough Open Space
Plan. Generally, Borough ownership and/or control are considered desirable
for public lands.
e.
The acquisition of open space cannot be addressed in isolation from
other public activities within the Borough or without regard to the
status and plans of contiguous municipalities.
[Ord. No. 00/13; deleted
by Ord. No. 2018-03]
