[HISTORY: Adopted by the Township Committee: Art. I, 7-3-1997
by Ord. No. 295-97. Amendments noted where applicable.]
[Adopted 7-3-1997 by Ord. No. 295-97[1]]
[1]
Editor's Note: The preamble for this ordinance reads as follows:
"WHEREAS, the Mayor and Township Committee of the Township of Bethlehem,
County of Husterdon, and State of New Jersey, recognize the benefits to society
in general, the community and its neighborhoods, from the preservation of
open space for passive and active recreational purposes and farmland for agricultural
or horticultural use; and
"WHEREAS, by a vote of 299 to 388, the voters of the Township of Bethlehem
approved a local question that appeared on the November 5, 1996, general election
ballot and which question sought voter input on the establishment of an open
space trust fund funded through the collection of local property taxes in
the amount of $0.02 per hundred of assessed value to be designated solely
for the acquisition of property, including farmlands and easements within
the Township of Bethlehem and for the creation of active and passive recreational
areas; and
"WHEREAS, the Legislature of the State of New Jersey has enacted P.L.
1997, c. 24 (N.J.S.A. 40:12-15.1 et al), that provides in pertinent part for
the establishment of a municipal trust fund for the acquisition and development
of lands for recreation and acquisition of farmland for farmland preservation
upon the approval of a local question in a general or special election."
It is the express intention of this chapter to establish a Municipal
Open Space, Recreation and Farmland Preservation Trust Fund (hereinafter referred
to as "Municipal Trust Fund") pursuant to P.L. 1997, c. 24, and the local
question approved by the voters of the Township of Bethlehem, which said fund
shall be utilized to acquire land, including farmland, for active and passive
recreation and farmland preservation.
As used in this article, the following terms shall have the meanings
indicated:
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.
Any improvement to land acquired for recreation and conservation
purposes designed to expand and enhance its utilization for those purposes.
Land actively devoted to agricultural or horticultural use that is
valued, assessed and taxed pursuant to the Farmland Assessment Act of 1964,
P.L. 1964, c. 48 (N.J.S.A. 54:4-23 et seq).
The long-term preservation of farmland for agricultural or horticultural
use.
Real property, including improvements thereof or thereon, rights-of-way,
water, lakes, riparian and other rights, easements, privileges and all other
rights or interests of any kind or description in, relating to or connected
with real property.
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, or the use
of lands for public indoor recreation.
[Amended 3-16-2000 by Ord. No. 295-2-2000]
A.
The Township Committee may annually raise by taxation
a sum not to exceed $0.05 per $100 of assessed value to be utilized for any
or all of the following purposes:
B.
The Township Committee shall determine, on an annual
basis after at least one public hearing, the appropriate rate to be assessed
and the allocation of the funds collected between the purposes set forth herein.
A.
Amounts raised by the tax assessment imposed pursuant
to this article shall be deposited into the Township of Bethlehem Municipal
Open Space, Recreation and Farmland Preservation Trust Fund to be created
by the township and be used exclusively for the purposes authorized by the
voters of the township.
B.
Any interest or other income earned on moneys deposited
into the Municipal Trust Fund shall be credited to the Fund to be used for
the same purposes as the principal.
C.
Separate accounts shall be created within the Municipal
Trust Fund for the deposit of revenue to expended for each of the purposes
specified in this article and approved by the voters.
A.
Lands acquired by the township using revenue raised pursuant
to this article shall be held in trust and shall be used exclusively for the
purposes authorized under this article.
B.
After conducting at least one public hearing and upon
finding that the purposes of this article will otherwise be better served
or that any land acquired by the township is required for another public use,
which findings shall be set forth in an ordinance adopted by the Township
Committee, the Committee may convey, through sale, exchange, transfer or other
disposition, title to or a lesser interest in any lands acquired, provided
that the Committee shall replace any such land conveyed by land of at least
equal fair market value and of reasonably equivalent usefulness, size, quality
and location to the land conveyed.
C.
All moneys derived from any conveyance as provided herein
shall be deposited into the Municipal Trust Fund.
