[Ord. #98-771; Ord. #98-776; Ord. #2005-981]
ACQUISITION
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;
DEVELOPMENT
Shall mean any improvement to land acquired for recreation
and conservation purposes designed to expand and enhance its utilization
for those purposes;
FARMLAND
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.);
FUND
Shall mean the Municipal Open Space, Recreation and Farmland
Preservation Trust Fund (N.J.S.A. 40:12-15.1 et seq.);
LAND OR LANDS
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;
OPEN SPACE
Shall mean any land acquired, developed or maintained for
recreation or conservation purposes or for use as farmland or farmland
preservation;
RECREATION AND CONSERVATION PURPOSES
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.
[Amended 2-26-2024 by Ord. No. 2024-1466]
a. 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. Acquisition of lands for recreation and conservation;
2. Development of lands acquired or held for recreation and conservation;
3. Maintenance of lands acquired or held for recreation and conservation;
4. Acquisition of farmland for farmland preservation;
5. Payment of debt service on indebtedness issued or incurred by the
township for any of the purposes set forth above.
b. 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; amended 9-11-2023 by Ord. No. 2023-1460]
[Ord. No. 2016-1297; Prior
Ordinance History: Ord. Nos. 98-771, 98-776, 2004-945, 2005-1004,
2007-1083; amended 9-11-2023 by Ord. No. 2023-1460]
There is hereby established Parks and Open Space Committee to review and recommend the acquisition of lands within the Township for the purposes described in Subsection
24-1.2 and the development, operation, maintenance and use of such lands and parks located within the Township. "Committee" when used singularly in this Chapter shall refer to the Parks and Open Space Committee.
[Ord. No. 2016-1297; amended 11-11-2019 by Ord. No.
2019-1367; 9-11-2023 by Ord. No. 2023-1460]
a. The Committee shall consist of:
1. A member of the Township Committee appointed by the Township Committee;
2. The Chair of the Township Planning Board or the Chair's designee;
3. A member of the Township Environmental Commission to be appointed
by the Township Committee;
4. The Township Director of Recreation;
5. The Mayor or Mayor's designee;
6. The Township Administrator; and
7. Up to five (5) members of the general public to be appointed by the
Township Committee.
b. The Chair of the Planning Board or the Chair's designee and the member
of the Environmental Commission shall have terms which coincide with
the terms of their respective appointive offices. The Township Administrator
and the Director of Recreation shall serve as members of the Committee
as long as the Administrator 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 Committee during the Mayor's
term of office. The members of the general public shall serve one
(1) one-year terms.
[Ord. No. 2016-1297; amended 11-11-2019 by Ord. No.
2019-1367; 9-11-2023 by Ord. No. 2023-1460]
The Committee shall perform the following duties and functions:
a. 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. 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. Provide guidance and support to the Township Committee and Planning
Board on issues and matters of open space.
d. Periodically review its functions and submit a recommendation to
the Township Committee as to whether additional duties should be assigned
or delegated to the Committee.
e. The Mayor or the Mayor's designee shall serve as the Chair of
the Committee, the Planning Board Chair or the Planning Board Chair's
designee shall serve as Vice Chair of the Committee and the Township
Administrator shall serve as the Secretary of the Committee. The Secretary
of the Committee shall maintain minutes of the committee meetings
and records of the proceedings of the Committee.
f. Meet at least once quarterly and from time to time as it deems necessary
to meet its responsibilities. The Committee shall present its activities
and findings to the Township Committee annually before the end of
each year.
g. Offer opinions on open space purchases to be considered by the Township
Committee.
h. Perform such other duties as the Township Committee may assign to
it from time to time.
i. Study the development and improvement of all types of parks, playgrounds,
recreation spaces and open spaces within the Township, new and existing,
and the proper maintenance thereof.
j. Study the present and future need for parks, playgrounds, recreation
spaces and open spaces which will be of benefit to all residents of
the Township.
k. Provide an annual report to the Township Committee on the status
of the Township's parks, playgrounds, recreation spaces and open
spaces, and the improvements thereon.
l. On a periodic basis, evaluate the Township Master Plan Open Space
and Recreation Element, and make appropriate recommendations to the
Township Committee.