[Ord. #98-771; Ord. #98-776; Ord. #2005-981]
Shall mean the securing of a fee simple or a lesser interest
in land, including but not limited to an easement restricting development,
by gift, purchase, installment purchase agreement, devise or condemnation;
Shall mean any improvement to land acquired for recreation
and conservation purposes designed to expand and enhance its utilization
for those purposes;
Shall mean any land actively devoted to agricultural or horticultural
use that is valued, assessed and taxed pursuant to the "Farmland Assessment
Act of 1964" (N.J.S.A. 54:4-23.1 et seq.);
Shall mean the long term preservation of farmland for agricultural
or horticultural use;
Shall mean the Municipal Open Space, Recreation and Farmland
Preservation Trust Fund (N.J.S.A. 40:12-15.1 et seq.);
Shall mean real property, including improvements thereof
or thereon, rights-of-way, water, lakes, or riparian and other rights,
easements, privileges and all other rights or interest of any kind
or description in, related to or connected with real property;
Shall mean any land acquired, developed or maintained for
recreation or conservation purposes or for use as farmland or farmland
preservation;
Means the use of lands for parks, open space, natural areas,
ecological and biological study, forests, water reserves, wildlife
preserves, fishing, hunting, camping, boating, winter sports, or similar
uses for either public outdoor recreation or conservation of natural
resources, or both. "Recreation and conservation purposes" also means
the use of lands for public indoor recreational facilities that have
a gross coverage of not more than 5% on a tract that is restricted
for recreation and conservation purposes and is at least 30 acres.
a.Â
There is hereby established a reserve in the General Capital Fund
which shall be noted and designated as the "Municipal Open Space Recreation
and Farmland Preservation Trust Fund." A separate bank account shall
be established and maintained for the fund entitled "Branchburg Township
Open Space Recreation and Farmland Preservation Trust Fund Account."
As directed by the township committee, monies from the fund shall
be utilized for the following purposes:
1.Â
Acquisition of lands for recreation and conservation;
2.Â
Development of lands acquired in whole or part with monies from the
fund for recreation and conservation;
3.Â
Maintenance of lands acquired in whole or part with monies from the
fund for recreation and conservation;
4.Â
Acquisition of farmland for farmland preservation;
5.Â
Payment of debt service on indebtedness issued or incurred by the
township for any of the purposes set forth above.
b.Â
In addition, the township committee may authorize the disbursement
of monies from the fund to assist the County of Somerset in acquiring
lands located within the township for the purposes stated in this
subsection, provided that suitable arrangements are made to assure
that: such lands are made subject to restrictions substantially similar
to those imposed by this chapter; and if such lands are sold, the
net proceeds of the disposition will be paid over to the fund in the
same proportion that the township's contribution bore to the
original purchase price.
Beginning in 1999, a special tax rate shall be added to the total township tax rate in the amount of $0.01 per $100 of the annual assessed valuations and tax rate, the revenue from which shall be deposited into the fund. The township committee may, in its discretion, deposit additional municipal monies into the fund, which deposit shall then be subject to all of the provisions governing the fund. The fund shall also be permitted to accept donations and testamentary bequests. All interest and other income earned on monies deposited into the fund shall remain in the fund and shall be utilized for the purposes described in subsection 24-1.2.
The monies accumulated within the fund shall be utilized for the purposes described in subsection 24-1.2, including the acquisition of lands. In connection with such acquisition, the fund may be utilized for appraisals 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 township committee. In no eventuality shall the township pay more than fair market value for the land to be acquired. The township shall obtain a minimum of one appraisal from a certified appraiser as a guide to the fair market value. The cost of such appraisal may be paid out of the fund.
No lands acquired with monies from the fund shall be conveyed through sale, exchange, transfer, lease or other disposition unless, after at least one public hearing, it is determined that the land is required for another public use or that the purposes stated in subsection 24-1.2 would be better served by the conveyance. If such conveyance is made, the township committee shall be required to: place the monies received from the conveyance into the fund; and replace such land with land of at least equal fair market value and of reasonably equivalent usefulness, size, quality and location. In satisfying the requirements of the preceding sentence, the township committee shall not be required to expend the entire proceeds of a conveyance at a single time or on a single acquisition, or to expend the proceeds within a specified time following the conveyance, and may, in its discretion, combine all or a portion of the proceeds with other monies from within or without the fund toward any acquisition which is permissible under the stated purposes of subsection 24-1.2. The deed of any property acquired wholly or partly with monies from the fund shall contain a specific notation reflecting that the property was acquired with monies from the Municipal Open Space Recreation and Farmland Preservation Trust Fund.
When this chapter has been in effect for a period of 10 years,
then township committee shall conduct a review and, if it deems appropriate,
issue a report with recommendations and conclusions concerning the
continuation of the fund.
[Ord. #98-771; Ord. #98-776; Ord. #2004-945; Ord. #2005-1004;
Ord. #2007-1083 Ord. #87-521; Ord. #88-538; Ord. #89-553; Ord. #89-557;
Ord. No. 96-710]
[Ord. No. 2016-1297; Prior
Ordinance History: Ord. Nos. 98-771, 98-776, 2004-945, 2005-1004,
2007-1083]
There is hereby established an open space advisory committee to review and recommend the acquisition of lands, within the township, for the purposes described in subsection 24-1.2. The words "advisory committee" when used in this chapter refer to the open space advisory committee.
[Ord. No. 2016-1297; amended 11-11-2019 by Ord. No.
2019-1367]
a.Â
The Advisory Committee shall consist of:
1.Â
The Township Engineer;
2.Â
The Chair of the Township Planning Board or the Chair's designee;
3.Â
A member of the Township Environmental Commission to be appointed
by the Township Committee;
4.Â
The Township Director of Recreation;
5.Â
The Mayor or Mayor's designee;
6.Â
The Township Administrator; and
7.Â
Three members of the general public to be appointed by the Township
Committee.
b.Â
The Chair of the Planning Board and the member of the Environmental
Commission shall have terms which coincide with the terms of their
respective appointive offices. The Township Administrator, Township
Engineer, and the Director of Recreation shall serve as members of
the Advisory Committee as long as the Administrator, Engineer, and
Director of Recreation are employed by the Township in their respective
capacities. The Mayor or the Mayor's designee shall serve as
a member of the Advisory Committee during the Mayor's term of
office. The members of the general public shall serve two-year terms.
[Ord. No. 2016-1297; amended 11-11-2019 by Ord. No.
2019-1367]
a.Â
The Advisory Committee shall prepare and submit to the Township Committee
an open space map for the Township. The map shall include an inventory
of open space within the Township. The map shall also include an evaluation
and priority ranking of each such open space.
b.Â
The Advisory Committee shall assist the Township in the establishment
of a program to catalog the status of privately owned open space within
the Township and record the Township's progress with respect
to open space preservation.
c.Â
The Advisory Committee shall provide guidance and support to the
Township Committee and Planning Board on issues and matters of open
space.
d.Â
The Advisory Committee shall periodically review its functions and
submit a recommendation to the Township Committee as to whether additional
duties should be assigned or delegated to the Advisory Committee.
e.Â
The Mayor or the Mayor's designee shall serve as the Chair of
the Advisory Committee, the Planning Board Chair shall serve as Vice
Chair of the Advisory Committee and the Township Administrator shall
serve as the Secretary of the Advisory Committee. The Secretary of
the Advisory Committee shall maintain minutes of the committee meetings
and records of the proceedings of the committee.
f.Â
The Advisory Committee shall meet at least once quarterly and from
time to time as it deems necessary to meet its responsibilities. The
advisory committee shall present its activities and findings to the
Township Committee annually before the end of each year.
g.Â
The Advisory Committee shall offer opinions on open space purchases
to be considered by the Township Committee.
h.Â
The Advisory Committee shall have such other duties as the Township
Committee may assign to it from time to time.
