[HISTORY: Adopted by the Mayor and Council of the Borough
of Andover 2-13-2012 by Ord. No. 2012-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 9.
Land use procedures — See Ch. 18.
Parks — See Ch. 99.
Site plan review — See Ch. 109.
Land disturbance — See Ch. 113.
Subdivision of land — See Ch. 121.
Zoning — See Ch. 134.
[1]
Editor's Note: This chapter was originally enacted as Ch.
97 and was renumbered to fit the alphabetic sequence of the Code.
There is hereby established a reserve in the Borough's other
trust fund, which shall be known and designated as the "Open Space,
Recreation, Farmland and Historic Preservation Trust Fund" (referred
to throughout this chapter as the "fund"). A separate bank account
shall be opened and maintained exclusively for this purpose.
The reserve for the fund shall be funded through the dedication
to the fund of an amount between $0.01 and $0.04 per $100 of assessed
valuation of real property of each annual tax levy commencing with
the year 2012. The amount to be funded shall be determined by resolution
annually by the Mayor and Borough Council. The Borough may also accept
donations and testamentary bequests for inclusion in the fund. All
interest accrued shall remain in the reserve for the fund and may
be used for the purposes thereof.
The moneys accumulated in the fund may be used as directed by
the Mayor and Borough Council to acquire, by gift, purchase or eminent
domain proceedings pursuant to N.J.S.A. 20:3-1 et seq., land, easements
and/or development rights for purposes of acquiring, developing or
maintaining lands for recreation and conservation, including protection
of wildlife habitats, drinking water sources and water quality of
streams; preserving farmland and historic sites; payment of ancillary
costs of acquisition; and/or payment of debt service on indebtedness
issued or incurred by the Borough for any of the foregoing purposes.
The fund may, as directed by the Mayor and Borough Council, be used
to acquire vacant land as well as land which has improvements on it
at time of acquisition; and, in the event the Mayor and Borough Council
shall find it appropriate to apportion the cost of acquisition between
open space and improvements, it may do so and charge the fund for
the approximate value that it deems appropriate relative to open space
and the Borough's other trust fund for the value that it determines
is attributable to improvements.
The Mayor and Borough Council will cause the fund to be audited
annually, with the report of same to be reviewed each year by the
Mayor and Borough Council and to be made available for public inspection.
A.
Lands, easements and development rights acquired by the Borough of
Andover using revenue raised pursuant to this chapter shall be used
exclusively for the purposes authorized thereunder.
B.
No property or interest in land acquired with funds from the fund
shall be leased, sold or otherwise disposed of by the Borough unless
same has been authorized by the Mayor and Borough Council in the manner
prescribed by law.
C.
The deed for any property acquisition with funds from the fund shall
contain a specific notation reflecting that the property was acquired
with funds from the fund.
D.
The Mayor and Borough Council, after conducting at least one public
hearing thereon and upon a finding that the purpose of this chapter
might otherwise be better served or that any land acquired by the
Borough pursuant to this chapter is required for another public use,
may — upon compliance with applicable laws and regulations governing
conveyance of open space lands and upon adoption of an ordinance authorizing
same — convey, through sale, exchange, transfer or other disposition,
title to, or a lesser interest in, that land, provided that the Borough
shall replace any land conveyed under this section by land of at least
equal fair market value and reasonable equivalent usefulness, size,
quality and location to the land conveyed. Any money derived from
the conveyance shall be deposited into the fund.
E.
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 received shall be at least equal in fair market value
and of reasonably equivalent usefulness, size, quality and location
to the land or improvements transferred out.
In the event no property is acquired under this chapter for
a period of five consecutive years, then the Mayor and Borough Council
shall review the fund's activities and issue a report with recommendations
and conclusions concerning the fund.
Each clause, sentence, phrase, paragraph, or subsection of this
chapter is declared to be an independent clause, sentence, phrase,
paragraph, or subsection; and a finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this chapter.
