[HISTORY: Adopted by the Township Committee of the Township
of Blairstown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-28-2001 by Ord. No. 2004-01; amended in its entirety 2-11-2004 by Ord. No. 2004-01]
This article shall be known as the "Municipal Open Space, Recreation,
Farmland and Historic Preservation Ordinance."
A.
There is hereby established a reserve in the general capital fund
which shall be noted and designated as the "Open Space, Recreation,
Farmland and Historic Preservation Trust Fund." A separate bank account
shall be established and maintained therefor entitled "Township of
Blairstown Open Space, Recreation, Farmland and Historic Preservation
Trust Fund." As directed by the Township Committee, funds from the
Open Space, Recreation, Farmland and Historic Preservation Trust Fund
may be utilized for the following purposes:
(1)
Acquisition of lands, or any interest therein, 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.
The acquisition of real property, for the purposes of aforesaid,
shall include, at the discretion of the Township Committee, the purchase
of all types of interests in real property, including, not by way
of limitation, fee simple acquisitions, easements, development rights
or any other lesser interests in real estate or the purchase of personal
property which will further the goal of acquiring recreational or
historic lands or facilities and/or preserving open space, farmland
and historic properties, structures, facilities, sites, areas or objects.
The real estate in which such interests may be acquired shall include
undeveloped land as well as land containing improvements at the time
of acquisition, provided that the principal purpose of the acquisition
is a purpose as set forth in this chapter. The Township Committee
shall have the option of paying for land acquisitions with improvements
situated thereon either solely through the Open Space, Recreation,
Farmland and Historic Preservation Trust Fund or by apportioning the
cost thereof by charging the Open Space, Recreation, Farmland and
Historic Preservation Trust Fund for the land portion and the capital
account for the improvement portion. It is understood that such acquisition
may occur via gift, purchase or by eminent domain proceedings pursuant
to N.J.S.A. 20:3-1 et seq. In addition, the Township Committee may
authorize the disbursement of monies from the Open Space, Recreation,
Farmland and Historic Preservation Trust Fund to assist the County
of Warren in acquiring interests in real property located within the
Township for the purposes stated herein, provided that suitable arrangements
are made to assure that:
(1)
Such lands are made subject to restrictions substantially similar
to those imposed by this chapter; and
(2)
In the event that such interests subsequently are sold, the net proceeds
of such disposition will be paid over to the Township's Open
Space, Recreation, Farmland and Historic Preservation Trust Fund in
the same proportion that the Township's contribution bore to
the original purchase price.
Beginning in 2004, a special tax rate shall be added to the
total Township tax rate in the amount of $0.04 per $100 of the annual
assessed valuations and tax rate, the revenue from which shall be
deposited into the Open Space, Recreation, Farmland and Historic Preservation
Trust Fund. The Township Committee may, at its discretion, deposit
additional municipal monies into the Open Space, Recreation, Farmland
and Historic Preservation Trust Fund, which deposits shall then be
subject to all of the provisions governing the Open Space, Recreation,
Farmland and Historic Preservation Trust Fund. The Open Space, Recreation,
Farmland and Historic Preservation Trust Fund shall also be permitted
to accept donations and testamentary bequests. The funds accumulated
within the Open Space, Recreation, Farmland and Historic Preservation
Trust Fund shall be utilized for the purposes as set forth in this
chapter. In connection with the acquisition of real estate or personal
property, the funds may be utilized for appraisals and other items
of expense permitted by law in connection with said acquisition or
as a down payment for the issuance of bonds or for debt service for
the same purpose at the discretion of the Township Committee. Any
and all interest accruing shall remain in the Open Space, Recreation,
Farmland and Historic Preservation Trust Fund and may be utilized
for the above-described purposes. The Township shall obtain a minimum
of one appraisal from a certified appraiser, plus the appraisal of
the tax, as a guide to fair market value. The cost of such appraisal
may be paid out of the Open Space, Recreation, Farmland and Historic
Preservation Trust Fund.
A.
All real estate and personal property acquired with Open Space, Recreation,
Farmland and Historic Preservation Trust Fund shall be utilized in
a manner consistent with the purposes for which said fund was created.
B.
The deed of any real estate acquired wholly or partly with funds
from the Open Space, Recreation, Farmland and Historic Preservation
Trust Fund shall contain a specific notation reflecting that the property
was acquired with funds from the Open Space, Recreation, Farmland
and Historic Preservation Trust Fund.
No real estate or personal property or interest therein acquired
with funds from the Open Space, Recreation, Farmland and Historic
Preservation Trust Fund shall be sold, conveyed, leased or otherwise
alienated unless it is needed for another public use or otherwise
furthers the purposes of the Trust. If such a sale, lease or conveyance
is made, the Township Committee shall be required to:
A.
Place the monies received into the Open Space, Recreation, Farmland
and Historic Preservation Trust Fund for uses consistent with the
purposes of which said fund was created; and
B.
In due course, replace such property or interest with property or
an interest of at least equal fair market value and of reasonable
equivalent usefulness, size, quality and location of the land conveyed.
