Borough of Glen Gardner, NJ
Hunterdon County
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[HISTORY: Adopted by the Borough Council of the Borough of Glen Gardner 3-5-2002 by Ord. No. 2002-3. Amendments noted where applicable.]
There is hereby established a reserve in the general capital fund which shall be known and designated as the "Municipal Open Space, Conservation and Farmland Preservation Trust Fund." A special bank account shall be opened and maintained for the Municipal Open Space, Conservation and Farmland Preservation Trust Fund.
Funds from the Municipal Open Space, Conservation and Farmland Preservation Trust Fund may be utilized for the following purposes, as permitted by N.J.S.A. 40:12-15.7:
A. 
The acquisition and development and/or maintenance of lands for recreation and/or conservation;
B. 
The acquisition of farmland for farmland preservation;
C. 
Payment of debt service on indebtedness issued or incurred by the Borough of Glen Gardner for any of the purposes as set forth in Subsections A and B above.
As used in this chapter, the following terms shall be defined as follows:
ACQUISITION
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.
CONSERVATION
The use of land or lands for parks, open space, natural areas, ecological and biological studies, forests, water reserves, or wildlife preserves for the conservation of natural resources.
DEVELOPMENT
Any improvement to land acquired for the purposes of the fund as stated in this chapter, designed to expand and enhance its utilization for such purposes.
FARMLAND
Land actively devoted to agricultural or horticultural use that qualifies to be 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.
FARMLAND PRESERVATION
The long-term preservation of farmland for agricultural or horticultural use.
LANDS, LANDS or PROPERTY
Any real property, including improvements thereof or thereon, rights-of-way, water, lakes, streams, rivers, riparian and other rights, easements, development rights, privileges, licenses and all other rights or interests of any kind or description in, relating to or connected with real property.
RECREATION
The use of land or lands for parks, ballfields, athletic facilities, open space, fishing, hunting, camping, boating, winter sports, or similar uses for either public outdoor recreation, or the use of lands for public indoor recreation.
The Municipal Open Space, Conservation and Farmland Preservation Trust Fund shall be funded through the dedication to the fund of an amount of $.01 per $100 of assessed valuation of each annual tax levy commencing with the 2002 tax year and the 2002 budget year. The Municipal Open Space, Conservation and Farmland Preservation Trust Fund shall also be permitted to accept donations and testamentary bequests. The accumulated receipts and deposits within the Municipal Open Space, Conservation and Farmland Preservation Trust Fund may be utilized only for the purposes set forth in § 32-2 of this chapter. Any and all interest accruing shall be retained in and used for the same purposes as established in accordance with § 32-2 of this chapter.
The Borough Council of the Borough of Glen Gardner, annually, after the holding of one public hearing thereon, shall apportion and allocate the use of the funds collected among the purposes set forth in § 32-2 of this chapter.
Any and all land, lands, or property acquired by the Borough of Glen Gardner pursuant to this chapter shall be held by the Borough of Glen Gardner in trust. The deed or other instrument of conveyance into the Borough of Glen Gardner shall bear a legend stating that said land, lands or property are conveyed to the Borough of Glen Gardner subject to this chapter.
No land, lands or property acquired pursuant to this chapter with funds from the Municipal Open Space, Conservation and Farmland Preservation Trust Fund shall be leased, sold or otherwise conveyed unless action has been authorized by the Borough Council of the Borough of Glen Gardner in a manner as prescribed by law. The Borough Council of the Borough of Glen Gardner, after at least one public hearing thereon, and upon a finding that the purposes of this chapter shall otherwise be better served or that any land acquired by the Borough of Glen Gardner 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 this land, lands, or property, provided that the Borough of Glen Gardner shall replace any land, lands or property conveyed under this section by land, lands or property of at least equal fair market value and of reasonably equivalent usefulness, size, quality and location to the land conveyed. Any moneys derived from the conveyance shall be deposited into the Municipal Open Space, Conservation and Farmland Preservation Trust Fund created by this chapter.