[HISTORY: Adopted by the Township Committee
of the Township of Montville as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Finance — See Ch. 31.
[Adopted by Ord. No. 1308 as Ch. 3.12 of the 1998 Code]
There is hereby established an account which
shall be known and designated as the "Open Space Dedicated Trust Fund"
which shall be maintained in accordance with N.J.S.A. 40A:4-1 and
N.J.S.A. 40A:5-1.
[Amended by Ord. No. 2000-3; 3-13-2007 by Ord. No. 2007-09; 5-27-2008 by Ord. No. 2008-20; 6-9-2009 by Ord. No. 2009-18; 7-12-2011 by Ord. No.
2011-18; 2-10-2015 by Ord. No. 2015-01]
A.
The Open Space Trust Fund shall be funded through the dedication
to the fund of an amount of $0.037 per $100 of assessed valuation
for each annual tax levy. The amount of the Open Space Trust Fund
levy may be set at an amount below $0.037 per $100 of assessed valuation
and shall be at the discretion of the Township Committee. The fund
shall also be permitted to accept donations and testamentary bequests.
B.
The funds accumulated within the trust fund may be utilized only
for the purposes permitted in N.J.S.A. 40:12-15.7 which are:
(1)
The acquisition of lands for recreation and conservation purposes.
(2)
The development of lands acquired for recreation and conservation
purposes.
(3)
The maintenance of lands acquired for recreation and conservation
purposes.
(4)
The acquisition of farmland for farmland preservation purposes.
(5)
The payment of debt service on indebtedness issued or incurred for
any of the purposes set forth above.
No property acquired with these funds from the
Open Space Trust Fund shall be leased or sold until the sale or lease
of the same has been approved by the voters at a referendum.
Prior to making any improvements to property
purchased with funds from the Open Space Trust Fund, the Township
shall notify all property owners within 200 feet of the property wherein
the improvements are proposed. The notice shall be sent by regular
mail to all property owners shown on the list prepared by the Township
of Montville Tax Assessor and shall be sent at least 10 days prior
to the Township Committee's public hearing. Failure to provide this
notice shall not invalidate any action taken by the Township.
