Township of Franklin, NJ Article III Open Space

[Adopted 12-14-1998 by Ord. No. 3026 (Ch. 39 of the 1990 Code); revised 11-7-2000 by referendum]

§ 74-9 Fund for open space.

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 and Historic Preservation Trust Fund" commonly known as the "Open Space Trust Fund." "Open space" means any land acquired, developed, maintained, or utilized for recreation and/or conservation purposes, for farmland or farmland preservation purposes, or for historic preservation purposes. A separate bank account shall be established and maintained therefor entitled "Franklin Township Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Account." As directed by the Township Council, in accordance with the purposes of N.J.S.A. 40:12-15.7-15.9 and the definitions at N.J.S.A. 40:12-15.1 as amended from time to time, funds from the Open Space Trust Fund may be utilized to acquire all types of interests in real property, including, not by way of limitation, fee simple acquisitions, easements, development rights, or any other lesser property interests which will further the goal of open space acquisition and preservation including all purposes delineated at N.J.S.A. 40:12-15.7(a)(1)(a) through (f) and including the preparation and periodic revision of a Township inventory of open space, recreation, farmland, conservation and historic resources. The lands in which such interests may be acquired shall include undeveloped land as well as land containing improvements at the time of acquisition, provided the principal purpose of the acquisition is to preserve open space for conservation and recreation, preserve farmland for farmland purposes, and to preserve historic properties. The Township 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 through gift, purchase or by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq. In addition, the Township Council may authorize the disbursement of monies from the Open Space Trust Fund to assist the County of Somerset, the State of New Jersey, the United States government, private not-for-profit organizations, or charitable conservancies in acquiring interests in real property, located within the Township, and for the purposes stated herein, provided that suitable arrangements are made to assure that such lands are made subject to restrictions substantially similar to those imposed by this article and that in the event such interests subsequently are sold as delineated and restricted by § 74-12, the net proceeds of such disposition will be paid over to the Township's Open Space Trust Fund in the same proportion that the Township's contribution bore to the original purchase price.

§ 74-10 Funding of Open Space Trust Fund.

Beginning on January 1, 1999, a special tax rate shall be added to the total Township tax rate in the amount of $0.03 per $100 of the annual assessed valuations and tax rate, the revenue from which shall be deposited into the Open Space Trust Fund. Revised by referendum adopted by the voters on November 7, 2000, to an amount of $0.05. The Township Council may, in its discretion, deposit additional monies into the Open Space Trust Fund, which deposits shall then be subject to all of the provisions governing the Open Space Trust Fund. 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 property and interests in real property as more fully delineated in § 74-9. In connection with such acquisition, the funds 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 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 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 plus the appraisal of the Tax Assessor, as a guide to the fair market value. The cost of such appraisal may be paid out of the Open Space Trust Fund.

§ 74-11 Utilization of land and buildings acquired through fund.

The land and buildings acquired under the Open Space Trust Fund shall be utilized for all categories of open space including parks, recreation areas, natural areas, greenways, wildlife habitats, forests, ecological preserves, preservation of farm land, preservation of historic properties and such other uses consistent with the concept of open space. The deed of any property acquired with funds from the Trust Fund shall contain specific notation reflecting that the property was acquired with funds from the Open Space Trust Fund and is subject to all conditions and restrictions of such designation.

§ 74-12 Sale of property or buildings.

No building, real property or interest therein acquired with these funds from the Open Space Trust Fund shall be sold, conveyed, leased or otherwise alienated unless it is needed for another public use or otherwise furthers the purposes of the trust. Before any sale, conveyance or lease is made, the Township Council shall seek the recommendation of the Open Space Advisory Committee that such proposed action is in the public interest. The Township Council shall pass an ordinance approving any sale or conveyance as required by N.J.S.A. 40:12-15.9. If such a sale, lease or conveyance is made, the Township Council shall be required to 1) place the monies received into the Open Space Trust Fund and 2) 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. In satisfying the requirements of Clause 2 of the preceding sentence, the Township Council shall not be required to expend the entire proceeds of the sale, lease, or conveyance at a single time or on a single acquisition, or to expend the proceeds within a specific time following the sale, lease or conveyance, and may, in its discretion, combine all or a portion of the proceeds with other monies from within or outside the Open Space Trust Fund toward any acquisition which is permissible under § 74-9 of this article, provided that the property or interest so acquired is made subject to all of the restrictions of §§ 74-11 and 74-12 of this article. The deed of any real property acquired wholly or partly 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.

§ 74-13 Establishment of Open Space Advisory Committee.

There is hereby established an Open Space Advisory Committee to review and recommend historic properties, open space lands, conservation lands, recreational lands, farmlands and various interests therein including, but not limited to, acquisition, acquisition of development rights, easements and parcels of land and interests therein for acquisition and preservation as open space within the Township of Franklin. The word "Committee," when used by itself in this article, refers to the Open Space Advisory Committee.

§ 74-14 Appointment, membership, term.

[Amended 4-10-2001 by Ord. No. 3207; amended 5-11-2004 by Ord. No. 3454]

A. The Open Space Advisory Committee shall consist of:

(1) The Township Manager.

(2) The Chief Financial Officer of the Township.

(3) The Township Planner.

(4) A member of the Board of Education.

(5) The Director of Recreation or the Assistant Recreation Director.

(6) Eleven additional regular members to be appointed by the Township Council, drawn from among the following:

(a) One member of the Historic Preservation Commission.

(b) One member of Planning Board of Franklin Township who shall not be an elected official.

(c) One member of the Franklin Township Environmental Commission.

(d) One member of the Franklin Township Recreation Council.

(e) One member of the Agricultural Committee.

(f) One member of the Shade Tree Commission

(g) Six citizens of Franklin Township.

B. Members listed in Subsection A(1) to (5) shall serve in an ex officio capacity.[1]

[1] Editor's Note: Former Subsection C, pertaining to appointments and removals, which immediately followed this subsection, was repealed 2-13-2007 by Ord. No. 3656. See now Ch. 13, Art. XXII.

§ 74-15 Duties and functions.

A. The Open Space Advisory Committee shall prepare and submit to the Township Council an Open Space Plan for the Township of Franklin. It shall develop an inventory of open space properties, farmland, conservation, recreation and historic sites within the Township and evaluate and prioritize such open space properties through the development of appropriate criteria. Such plan shall consist of a parcel ranking as well as recommendations concerning the nature of the interests in such real property to be acquired and the purposes for which such land should be utilized. The Committee shall periodically review its initial list of properties and projects, adding or deleting properties or projects as necessary.

B. The Open Space Advisory Committee shall assist the Township Council in the establishment of an Open Space Tracing Program to catalog the state of privately owned open space in the Township and record the Township's progress with respect to open space preservation.

C. The Open Space Advisory Committee shall provide guidance and support to the Township Council, Planning Board, Environmental Commission, Historic Preservation Commission, and Recreation Council on issues and matters of open space.

D. The Open Space Advisory Committee shall periodically review its functions and submit a recommendation to the Township Council as to whether additional duties should be assigned or delegated to the Advisory Committee.

E. The Open Space Advisory Committee shall annually select from among its members a Chairperson and a Vice Chairperson to serve as the presiding officer in the absence of the Chairperson. The Committee shall also select from among its members a Secretary whose function shall be to maintain minutes of the Committee's meetings and records of the proceedings of the Committee. The Committee may appoint such clerks and other employees and professional consultants as it may from time to time require and as may be within the limits of funds appropriated to it for that purpose out of the Open Space Trust Fund or out of general revenues.

F. The Open Space Advisory Committee shall have such other duties as the Township Council may assign to it from time to time.

G. The Open Space Advisory Committee, with the direction and approval of the Township Council, shall prepare grant and other applications to Somerset County, the State of New Jersey, the United States government, private organizations and charitable conservancies for financial and other matching support for land acquisition and other interests in property and historic projects in the Township.

H. The Open Space Advisory Committee shall encourage public and private contributions of land, interests in land and financial donations to the township and the Open Space Fund. The Committee shall be authorized to receive inquiries from landowners seeking information about the Open Space Trust Fund and shall also have the authority to solicit information from owners of properties that might be potential candidates for acquisition or other easements under the Open Space Trust Fund.

I. The Open Space Advisory Committee shall develop an application and grant program to fund publicly held properties and projects which are determined to be of direct benefit to the public and the Township. The Committee shall periodically recommend the award of grant monies from the Open Space Trust Fund to specific projects with Township Council review and approval.

J. Review and comment upon proposed acquisition by the Township of real property or any interests therein for open space or conservation purposes as referred to them pursuant to § 74-16 of this article.

[Added 5-9-2000 by Ord. No. 3132]

§ 74-16 Open space acquisitions.

[Added 5-9-2000 by Ord. No. 3132]

Prior to the acquisition by the Township of real property, or any interest therein, for the purpose of open space conservation, the Township Council shall request that the acquisition be reviewed by the Open Space Advisory Committee. The Committee shall provide the Council with their comments no later than 60 days after the transmittal of the request by the Township Council. In the event that a report of the Committee is not received by the Township Council within the sixty-day comment period established by this article, the Township Council may proceed with the acquisition without further comment by the Committee. The report of the Committee shall be advisory only, and the final determination concerning any acquisition shall rest with the Township Council.