[Adopted by Ord. No. 2-2003 (§§ 7-19
to 7-27 of the 1979 Revised General Ordinances)]
[Amended by Ord. No. 24-2003]
There is hereby established an Open Space Trust
Committee consisting of seven members plus two alternates. The alternate
members are to be appointed by the Township Council.
[Amended by Ord. No. 24-2003]
A.
All of the members of the Open Space Trust Committee
shall be residents of the Township who shall serve without compensation.
Membership shall be as follows:
[Amended 1-23-2006 by Ord. No. 2-2006; 10-21-2006 by Ord. No.
43-2006]
(1)
One member shall be the Township Manager or his/her
designee.
(2)
One member shall be a member of the Township Council
whose term on this Committee shall end on December 31 of the year
in which such member is appointed.
(3)
One member shall be a member or alternate member of
the Township Planning Board, as selected by the Planning Board, which
term shall be three years or conclude when said member’s Planning
Board term expires (and not reappointed), whichever is earlier.
(4)
One member shall be a member or alternate member of
the Livingston Environmental Commission, as selected by said Commission,
whose term shall be three years or conclude when said member’s
LEC term expires (and not reappointed), whichever is earlier.
(5)
Three members shall be appointed by the Township Council. The term of each of these three members shall be three years, provided that, of the members initially appointed pursuant to § 6-21, one shall be appointed to hold office until December 31, 2003, one shall be appointed to hold office until December 31, 2004, and one shall be appointed to hold office until December 31, 2005. A vacancy shall be filled by appointment for the unexpired term only.
(6)
A quorum
of the Open Space Trust Committee shall be four voting members.
B.
The term of the alternate members shall be three years,
provided that, of the alternate members, one shall be appointed to
hold office until December 31, 2004, and one shall be appointed to
hold office until December 31, 2006. A vacancy shall be filled by
appointment for the unexpired term only.
A.
The Open Space Trust Committee shall initially prepare
a report recommending the acquisition of specified lands in fee, the
acquisition of specified easements and/or the acquisition of development
rights to specified lands. The report shall prioritize the acquisitions
recommended and be maintained periodically.
[Amended 10-21-2006 by Ord. No. 43-2006]
B.
The Township Council, after reviewing the report,
shall determine which properties, easements or development rights
should be pursued.
C.
After selection of the lands, easements or development
rights as hereinabove provided, the Township may proceed to acquire
by gift, purchase or by eminent domain proceedings the identified
lands, easements or development rights within the financial constraints
established by the Township Council.
The Open Space Trust Committee shall hold public
meetings in accordance with the Open Public Meetings Act, giving required
notification of its meetings.
The Open Space Trust Committee shall hold its
initial organization meeting within 45 days after the final adoption
of this article.
[Amended by Ord. No. 24-2003]
The Open Space Trust Committee shall annually
select and designate at its organization meeting from among its members
a Chairman and a Vice Chairman to serve as the presiding officer in
absence of the Chairman, and the Committee may also select a Secretary.
The Committee shall maintain minutes of the Committee's meetings and
records of its proceedings.
[Amended by Ord. No. 24-2003]
A.
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.
B.
Funds from the account may be used, as directed by
the Township Council, to acquire vacant land, easements, development
rights and historical sites. With the approval of the Township Council,
funds from the account may be used to pay for services towards purchasing,
e.g., appraisals, planning grant costs. Funds from the account may
also be used to acquire land which has improvements upon it at the
time of acquisition, provided that the principal purpose of the acquisition
is to preserve open space. In addition, funds may be used for the
development and utilization of land acquired for recreation and conservation
purposes and the enhancement of the Township's trail system. In the
event that the Township Council 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 it determines attributable to improvements.
[Amended 10-21-2006 by Ord. No. 43-2006; 11-19-2018 by Ord. No. 20-2018]
C.
The Open Space Trust fund shall be funded through
the dedication to the fund of an amount not to exceed $0.03 per $100
of assessed valuation of each annual tax levy. This amount may be
altered by the passage of a new referendum. The fund shall also be
permitted to accept donations and testamentary bequests. The funds
accumulated within the fund may be utilized for the acquisition of
land, easements, development rights and/or historical sites or as
a down payment for the issuance of bonds for the same purpose at the
discretion of the Township Council. Any and all interest accruing
shall remain in the fund and may be utilized for the above-described
purposes.
D.
The Township Council has the option to deposit the
proceeds from the sale of Township property into a separate bank account
to be used for open space preservation.
No property or interest in land acquired with
funds 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.
Prior to December 31, 2013, 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.
