[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 6-25-1997 by Ord. No. 01-97. Amendments noted where
applicable.]
GENERAL REFERENCES
Subdivision and site plan review — See Ch. 362.
A.
There is hereby established a reserve in the General
Capital Fund which shall be known and designated as the "Municipal
Open Space, Recreation and Farmland and Historic Preservation Trust
Fund." A special bank account shall be opened and maintained for this
purpose. Funds from the Municipal Open Space, Recreation and Farmland
and Historic Preservation Trust Fund may, as directed by the Mayor
and Township Committee, be utilized to acquire by gift, purchase of
by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq.,
development easements, other easements, vacant land, as well as land
which has improvements upon it at the time of acquisition, where the
principal purpose of the acquisition is for any or all of the following
purposes, or any combination thereof:
(1)
Acquisition of lands for recreation and conservation
purposes;
(2)
Development of lands acquired for recreation and conservation
purposes;
(3)
Maintenance of lands acquired for recreation and conservation
purposes;
(4)
Acquisition of farmland for farmland preservation
purposes;
(5)
Historic preservation of historic properties, structures,
facilities, sites, areas, or objects, and the acquisition of such
properties, structures, facilities, sites, areas, or objects for historic
preservation purposes; or
B.
Any such land or improvements purchased thereunder
shall be held by the Township of Mansfield in trust.
[Amended 12-18-2002 by Ord. No. 2002-23; 4-22-2009 by Ord. No. 2009-06; 4-28-2010 by Ord. No.
2010-05; 4-11-2012 by Ord. No. 2012-03]
The Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund shall be funded through the dedication to the fund of an amount of $0.02 per $100 of assessed valuation of each annual tax levy commencing with the year tax and budget year 2012. The fund shall also be permitted to accept donations and testamentary bequests. The accumulated receipts and deposits within the fund may be utilized for the purposes set forth in §§ 69-1 and 62-2 herein. Any and all interest accruing shall be retained in and used for the same purposes as established in accordance with §§ 69-1 and 69-2 herein.
A.
No property acquired with these funds shall be leased
or sold, unless action has been authorized by the Mayor and Township
Committee in a manner as prescribed by law.
B.
The Mayor and Township Committee, after at least one
public hearing thereon, and upon a finding that the purposes of this chapter
might otherwise be better served or that any land acquired by the
Township of Mansfield pursuant to this chapter is required for another
public use, may by ordinance convey, through sale, exchange, transfer
or other disposition, title to, or a lesser interest in, that land,
provided that the Township of Mansfield shall replace any land conveyed
under this section by land of at least equal fair market value and
of reasonably equivalent usefulness, size, quality and location to
the land conveyed. Any money derived from the conveyance shall be
deposited into the fund created thereunder.
C.
Any conveyance made pursuant to this section shall
be made in strict accordance with the Local Lands and Buildings Law
(N.J.S.A. 40A:12-1 et seq.). In the event of conveyance by exchange,
the land or improvements thereon to be transferred to the trust shall
be at least equal in fair market value and of reasonably equivalent
usefulness, size, quality and location to the land or improvements
transferred from the trust.
In the event that no property is acquired under
this chapter for a period of five consecutive years, then the Mayor
and Township Committee shall review the activities of the Advisory
Open Space Committee and issue a report with recommendations and conclusions
concerning the continuation of the fund.
