[Adopted 3-25-1992 by Ord. No. 10-92 (Ch. 13A of the 1969
Code)]
There is hereby established an Open Space Committee, which shall
consist of nine members whose terms and powers are hereinafter set
forth.
[Amended 12-20-1995 by Ord. No. 49-95]
A.
The Open Space Committee shall be comprised of the following persons:
(1)
The Mayor or a citizen representative appointed by the Mayor to be
known as the "Mayor Designate."
[Amended 2-7-2001 by Ord. No. 2-01]
(2)
One member of the Township Committee of the Township of Morris appointed
by the Township Committee.
(3)
Four citizens of the Township appointed by the Mayor with the advice
and consent of the Township Committee.
(4)
The Chairperson of the Planning Board of the Township of Morris and
the Chairperson of the Board of Adjustment of the Township of Morris
or a member of either Board appointed by the Chairperson to be known
as the "Chairperson's designate."
[Amended 2-1-2006 by Ord. No. 1-06]
(5)
A member of the Environmental Commission of the Township of Morris
appointed by the Township Committee.
B.
The citizens appointed by the Mayor shall hold no other municipal
office, position or employment in the municipal government.
[Amended 12-20-1995 by Ord. No. 49-95]
A.
The Mayor or the Mayor Designate and the member of the Township Committee
appointed to the Open Space Committee shall have terms which shall
correspond with the terms of their representative offices.
[Amended 2-7-2001 by Ord. No. 2-01]
B.
One of the citizens of the Township appointed by the Mayor and so
designated by the Mayor at the time of appointment shall have a term
of three years.
C.
One of the citizens of the Township appointed by the Mayor and so
designated by the Mayor at the time of appointment shall have a term
of two years.
D.
Two of the citizens of the Township appointed by the Mayor and so
designated by the Mayor at the time of appointment shall have terms
of one year.
E.
The Chairpersons of the Planning Board and the Board of Adjustment
shall serve for so long as they hold such position.
F.
The member appointed from the Environmental Commission shall have
a term of one year.
A.
The Open Space Committee shall make an initial determination of which
parcels of land should be acquired in fee, those parcels from which
the Township should acquire the development rights only and those
parcels which may be suitable for preservation through Township funding,
in whole or in partnership with others, but for which title may be
held in the name of another public or other appropriate nonprofit
entity. The Open Space Committee shall be specifically empowered to
recommend the following:
[Amended 10-19-2005 by Ord. No. 29-05; 9-17-2008 by Ord. No. 28-08]
B.
The Open Space Committee shall submit to the Township Committee a
prioritized list of properties to be acquired and/or properties from
which development rights should be acquired. The Township Committee
shall, within 45 days, either approve, disapprove or modify the list
as submitted and state the amount of funds that the Committee shall
make available for such acquisition.
(1)
After approval of the list referred to in Subsections A and B above, the Township may proceed to acquire by gift, purchase or by eminent domain proceedings, pursuant to N.J.S.A. 20:3-1 et seq., the parcels as prioritized on the list, within the financial constraints established by the Township Committee.
C.
The Open Space Committee may employ and/or contract for professional
services by legal counsel, appraisers and staff as it may deem necessary,
subject to budget appropriation and Township Committee passage of
professional services resolutions establishing the rates of compensation
to be paid.
E.
The Mayor or the Mayor Designate shall serve as Chairperson of the
Open Space Committee, and the Open Space Committee shall select from
among the citizen members a Vice Chairperson to serve as a presiding
officer in the absence of the Chairperson. The Committee shall also
select a Secretary, whose function shall be to maintain minutes of
the Committee's meeting and records of the proceedings of the Committee.
[Amended 2-7-2001 by Ord. No. 2-01]
The Open Space Committee shall hold its initial organization
meeting shortly after this article takes effect.
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 et seq. and 40A:5-1
et seq.
[Amended 4-5-2000 by Ord. No. 8-00; 12-20-2000 by Ord. No. 27-00; 10-19-2005 by Ord. No. 29-05; 9-17-2008 by Ord. No. 28-08; 7-14-2010 by Ord. No. 16-10; 4-15-2015 by Ord. No. 08-15; 4-20-2022 by Ord. No. 03-22]
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. The fund shall also be permitted
to accept donations and testamentary bequests.
A.
The funds accumulated within the trust fund may be utilized for the
acquisition of land or development rights in land or a down payment
for the issuance of bonds for the purpose of acquiring lands for recreation,
conservation and open space purposes.
B.
Said funds may also be used for any purpose not inconsistent with
Green Acres requirements, including capital improvements on lands
acquired for recreation, conservation and open space purposes, provided
said lands are listed on the Township's Recreation and Open Space
Inventory. This authorization for capital improvements shall apply
to those capital improvements that qualify as capital improvements
pursuant to the Local Bond Law, N.J.S.A. 40A:2-1, or Local Budget
Law, N.J.S.A. 40A:4-1. The amount allocated for capital improvements
shall not exceed 50% of the annual open space trust tax levy.
C.
Said funds may also be used for the acquisition of farmland preservation.
D.
Said funds may also be used for as a down payment and for the payment
of debt service or indebtedness issued or incurred by the Township
of Morris for any of the purposes set forth in this article.
E.
Said funds may also be used to fund, in whole or in partnership with
other public entities or appropriately qualified private nonprofit
entities, the acquisition of lands or interests therein so as to preserve
the same as open space. It is permissible, pursuant to this section,
for funds to be used for the purposes herein when actual title to
the preserved lands shall be in another appropriately qualified entity.
F.
In accordance with N.J.S.A. 40:12-15.7, said funds may also be used
to maintain lands acquired for recreation and conservation purposes,
subject to the restriction that the Township shall not annually use
more than 50% of the unencumbered fund balance existing December 31
of the immediately preceding year.
[Amended 12-21-2022 by Ord. No. 24-22]
No property acquired with those 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.
In the event that no property is acquired under this article
for a period of three consecutive years, then the Mayor and Township
Committee shall review the activities of the Open Space Committee
and issue a report with recommendations and conclusions concerning
the Open Space Trust Fund.
