[Amended 3-13-2006 by Ord. No. 716]
There is hereby established an Open Space, Recreation
and Farmland and Historic Preservation Committee which shall consist
of seven members whose terms and powers are hereinafter set forth.
The Open Space, Recreation and Farmland and
Historic Preservation Committee shall be comprised of the following
persons:
A. One member of the Township Committee of the Township
of Boonton appointed by the Township Committee.
B. Six citizens of the Township appointed by the Township
Committee.
[Amended 3-13-2006 by Ord. No. 716]
[Amended 12-8-2008 by Ord. No. 762]
A. The Open Space, Recreation and Farmland and Historic
Preservation Committee shall, from time to time, submit written recommendations
to the Township Committee as to:
(1) Which parcels of land should be acquired for recreation
and conservation purposes and whether such parcels should be acquired
in fee or only by acquisition of development rights.
(2) Which farmland should be acquired for farmland preservation
purposes and whether such farmland should be acquired in fee or only
by acquisition of development rights.
(3) Which historic properties, structures, facilities,
sites, areas or objects should be acquired for historic preservation
purposes.
(4) Which of the lands acquired for recreation and conservation
purposes should be developed and/or maintained.
B. The Open Space, Recreation and Farmland Preservation
Committee shall submit to the Township Committee a prioritized list
of properties:
(1) Which it recommends that the Township acquire; and/or
(2) From which it recommends that development rights should
be acquired; and/or
(3) That are historic properties, structures, facilities,
sites, areas or objects that the Committee recommends be preserved
or acquired for historic preservation purposes; and/or
(4) Which the Township has acquired and which the Committee
recommends be developed and/or maintained for recreation and conservation
purposes.
C. After selection of the properties to be acquired, developed, maintained or preserved referred to in Subsections
A and
B above, the Township may proceed to acquire by gift, purchase or by eminent domain proceedings, pursuant to N.J.S.A. 20:3-1 et seq., or to develop, maintain or preserve, the identified parcels within the financial constraints established by the Township Committee.
The Open Space, Recreation and Farmland and
Historic Preservation Committee shall hold public meetings, which
public meetings shall be held in accordance with the Open Public Meetings
Act, and the Committee shall give appropriate notification
of said meetings.
The Open Space, Recreation and Farmland and
Historic Preservation Committee shall select from among its members
a Chairman and a Vice Chairman to serve as the Presiding officer in
the absence of the Chairman. The Committee shall also select a Secretary
whose function shall be to maintain minutes of the Committee's meeting
and records of the proceedings of the Committee.
The Open Space, Recreation and Farmland and
Historic Preservation Committee shall hold its initial organization
meeting shortly after this chapter takes effect.
[Amended 12-8-2008 by Ord. No. 762]
A. There is hereby established a reserve in the general
capital fund, which shall be known and designated as the "Open Space,
Recreation and Farmland and Historic Preservation Trust Fund" (hereinafter
the "Trust Fund"). A separate bank account shall be opened and maintained
for this purpose. Funds from the Trust Fund may, as directed by the
Township Committee, be utilized to acquire vacant land, as well as
land which has improvements upon it at the time of acquisition where
the purpose of the acquisition is for recreation and conservation
purposes, for farmland preservation or for historic preservation purposes.
In the event that the Township Committee shall find it appropriate
to apportion the cost of acquisition between land and improvements,
it may do so and charge the Trust Fund for the approximate value that
it deems appropriate relative to land and the Township's capital account
for the value that it determines shall be attributed to improvements.
Trust funds may also, as directed by the Township Committee, be used
for the development and maintenance of lands acquired for recreation
or conservation purposes, provided that such expenditures do not exceed
15% of the total funds collected in a given fiscal year, and/or for
historic preservation or acquisition of historic properties, structures,
facilities, sites, areas or objects and/or for the payment of debt
service on indebtedness issued or incurred by the Township for any
of the above purposes.
B. The Trust Fund shall be funded through the dedication
to the fund of an amount not to exceed $0.04 per $100 of assessed
valuation of each annual tax levy. The Trust Fund shall also be permitted
to accept donations and testamentary bequests. The funds accumulated
within the Trust Fund may be utilized for the acquisition of land
or development rights in land or as a down payment for the issuance
of bonds for the same purpose or for any other purpose established
herein at the discretion of the Township Committee. Any and all interest
accruing shall remain in the Trust Fund and may be utilized for the
above-described purposes.
No property acquired with funds from the trust
fund shall be leased or sold until the sale or lease of the same has
been authorized by an ordinance adopted by the Township Committee
and provided that the Township Committee shall replace any land conveyed
under this section with land of at least equal fair market value and
of reasonably equivalent usefulness, size, quality and location to
the land conveyed. Any moneys derived from the conveyance shall be
deposited into the trust fund and used for the purposes authorized
by this section. Any such conveyance shall be made in the manner prescribed
by law.
In the event that no property is acquired under
this chapter for a period of five consecutive years, then the Township
Committee shall review the activities of the Open Space, Recreation
and Farmland and Historic Preservation Committee and issue a report
with recommendations and conclusions concerning the reserve for open
space acquisition.