[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 3-8-1999 by Ord. No. 99-509. Amendments noted where applicable.]
There is hereby established an Open Space Trust Fund, which fund shall be administered by the governing body of the Township of Cedar Grove.
Powers and duties. The governing body of the Township of Cedar Grove is authorized by majority vote to make the acquisition of lands, acquisition of property or easements within the Township of Cedar Grove for active and passive recreation, and for conservation purposes. The governing body shall determine the amount of funds that it will make available for each acquisition.
Funding. There is hereby established a reserve in the Township's general capital fund which shall be known and designated as the "Open Space Trust Fund." A separate bank account shall be opened and maintained for this purpose.
The funds from the account may be used, as directed by the governing body, to acquire vacant land, easements and development rights. The funds from the account may also be used to acquire land which has improvements on it at the time of acquisition provided that the principal purpose of the acquisition is to preserve open space. In the event that the governing body shall find it appropriate to apportion the cost of acquisition between open space and improvements, it may do so and charge the Open Space Trust Fund for the approximate value that the governing body deems relative to open space and the Township's capital account for the value that it determines attributable to improvements.
The Open Space Trust Fund shall be funded through the dedication to the fund of an amount of up to $0.02 per $1,000 of assessed valuation of each annual tax levy. The Open Space Trust Fund shall also be permitted to accept donations and testamentary bequests. The monies accumulated within the Open Space Trust Fund may be utilized for the acquisition of land and/or easements. Any and all interest accruing shall remain in the Open Space Trust Fund and may be utilized for the above-described purposes.
[Amended 1-25-2010 by Ord. No. 10-704; 12-20-2010 by Ord. No. 10-721]
After five years from the date of enactment of this chapter, the Township Council shall review the desirability of the continuation of additional funding of the Open Space Trust Fund and either authorize the continuation or termination of the fund. In the event a determination is made not to continue funding, this chapter shall no longer be valid five years from the date of its enactment. 
Editor's Note: Ordinance No. 08-693, adopted 12-15-2008, provided that the Open Space Trust Fund is extended up to and including 12-31-2010; and that the Open Space Trust Fund Committee, established by § 248-2, shall remain charged with the duties originally set forth by § 248-5. Ordinance No. 10-721, adopted 12-20-2010, further extended the Open Space Trust Fund up to and including 12-31-2012, and also provided that the Committee shall remain charged with and discharge the duties set forth by § 248-5.
Disposition of property or other interests in land. No property or interest in land acquired with monies from the Open Space Trust Fund shall be leased, sold or otherwise disposed of by the Township until the disposition has been authorized by the Township Council after and in accordance with a binding public referendum.
There is hereby established an Open Space Trust Committee, which shall consist of seven members whose terms and powers are hereinafter set forth.
The Open Space Trust Committee shall be comprised of the following persons:
One member of the Township Council of the Township of Cedar Grove appointed by the Township Council.
A Township employee of the Township of Cedar Grove appointed by the Township Council.
[Amended 2-12-2001 by Ord. No. 01-550]
Five residents, plus two alternate residents, of the Township approved by the Township Council.
[Amended 3-15-2004 by Ord. No. 04-608]
The member of the Township Council appointed to the Open Space Trust Committee shall have a term of one year.
The Director of Community Development's term shall be for one year.
The balance of the members of the Committee shall be appointed by the Township Council and shall serve for a period of three years, except that the respective terms of office of the originally appointed members shall be as follows:
The term of each member, except for the initial term, shall begin on the first day of January, and each member shall continue in office until his successor shall be appointed.
The Open Space Trust Committee's powers and duties shall be limited to those enumerated herein. The Open Space Trust Committee shall serve in an advisory capacity to the Township Council.
The Open Space Trust Committee shall prepare a report recommending the parcels of land which may be acquired in fee. The Open Space Trust Committee shall also develop and maintain an updated open space and recreation plan. The Open Space Trust Committee shall submit to the Township Council the properties which it recommends the Township acquire. The Township Council shall review the properties submitted and make a determination as to which properties are to be acquired, if any.
After reviewing the properties referred to above, the Township Council may proceed to acquire by gift, purchase or by eminent domain proceedings, pursuant to N.J.S.A. 20:3-1 et seq., the identified parcels within the financial constraints established by the Township Council.
The Open Space Trust Committee shall select from among its members a Chair and a Vice Chair to serve as the presiding officer in the absence of the Chair. The Chair and Vice Chair shall serve one year terms, and no Chair or Vice Chair shall serve for more than two consecutive terms. The Committee shall also select a Secretary whose function shall be to maintain minutes of the Committee's meetings and records of the proceedings of the Committee.