[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-11-1998 by Ord. No. 98-10]
There is hereby established a reserve in the general capital fund which shall be known and designated as the "Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Fund." A special bank account shall be opened and maintained for this purpose.
Funds from the Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund may, as directed by the Mayor and Borough Council, be utilized to acquire by gift, purchase or by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq. development easements, other easements, vacant land, as well as land which has improvements upon it at the time of acquisition, where the principal purpose of the acquisition is for any or all of the following purposes, or any combination thereof:
Acquisition of lands for recreation and conservation purposes;
Development of lands acquired for recreation and conservation purposes;
Maintenance of lands acquired for recreation and conservation purposes;
Acquisition of farmland for farmland preservation purposes;
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
Any such land or improvements purchased hereunder shall be held by the Borough of Alpha, in trust.
[Amended 6-22-2004 by Ord. No. 04-16; 3-22-2005 by Ord. No. 05-06]
The Municipal Open Space, Recreation and Farmland and Historic Preservation Trust Fund shall be funded through the dedication to the fund of an amount of $0.04 per $100 of assessed valuation of each annual tax levy commencing with the tax year and budget year 2005. The fund shall also be permitted to accept donations and testamentary bequests. The accumulated receipts and deposits within the fund may be utilized for the purposes set forth in §§ 39-1 and 39-2 herein. Any and all interest accruing shall be retained in and used for the same purposes as established in accordance with §§ 39-1 and 39-2 herein.
No property acquired with these funds shall be leased or sold, unless action has been authorized by the Mayor and Borough Council in a manner as prescribed by law.
The Mayor and Borough Council, after at least one public hearing thereon, and upon a finding that the purposes of this article might otherwise be better served or that any land acquired by the Borough of Alpha pursuant to this article is required for another public use, may by ordinance convey, through sale, exchange, transfer or other disposition, title to, or a lesser interest in, that land, provided that the Borough of Alpha shall replace any land conveyed under this section by land of at least equal fair market value and of reasonably equivalent usefulness, size, quality, and location to the land conveyed. Any money derived from the conveyance shall be deposited into the fund created hereunder.
Any conveyance made pursuant to this section shall be made in strict accordance with the Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.). In the event of conveyance by exchange, the land or improvements thereon to be transferred to the trust shall be at least equal in fair market value and of reasonably equivalent usefulness, size, quality, and location to the land or improvements transferred from the trust.
In the event that no property is acquired under this article for a period of five consecutive years, then the Mayor and Borough Council shall review the activities of the Advisory Open Space Council and issue a report with recommendations and conclusions concerning the continuation of the fund.