[HISTORY: Adopted by the Township Council
of the Township of Brick 12-12-2000 by Ord. No. 1001-00. Amendments noted
where applicable.]
GENERAL REFERENCES
Land use — See Ch. 245
There is hereby established a reserve in the
General Capital Fund which shall be noted and designated as the "Open
Space Trust Fund." A separate bank account shall be established and
maintained entitled "Township of Brick Open Space Trust Account."
[Amended 2-15-2011 by Ord. No. 2-11]
As authorized by ordinance, funds from the Open
Space Trust Fund may be utilized to acquire all types of interests
in real property, including, but not by way of limitation, fee simple
acquisitions, easements, development rights, or any other lesser interest
in real estate which will further the goal of property acquisitions
for passive recreation, active recreation and water quality protection
and for the maintenance of Township lands for recreation and conservation
purposes.
The Township shall have the option of funding
property acquisitions with funds solely from the Open Space Trust
Fund or by apportioning the cost thereof by charging the Open Space
Trust Fund for a portion thereof. It is understood that acquisitions
may occur via gift, purchase or by eminent domain. In addition, the
Township may authorize the disbursement of moneys from the Open Space
Trust Fund to assist the County of Ocean or the State of New Jersey
or any political subdivision thereof in acquiring interests in real
property located within the Township of Brick for the purposes stated
herein, provided that in the event such interests are sold, the net
proceeds of such disposition will be paid to the Township's Open Space
Trust Fund in the same proportion that the Township's contribution
bore to the original acquisition price.
Beginning in 2001, a special tax rate shall
be added to the total Township tax rate in the amount of $0.01 per
$100 of the annual assessment valuations and tax rate, the revenue
from which shall be deposited into the Open Space Trust Fund. The
Township may in its discretion, deposit additional municipal moneys
into the Open Space Trust Fund, which deposits shall then be subject
to all of the provisions governing the Open Space Trust Fund. The
Open Space Trust Fund shall also be authorized to accept donations
and testamentary bequests.
[Amended 2-15-2011 by Ord. No. 2-11]
In accordance with N.J.S.A. 40:1215.7, the funds
accumulated within the Open Space Trust Fund shall be expended for
any or all of the following purposes, or any combination thereof,
as determined by the governing body:
A.
Funds accumulated within the Open Space Trust Fund may be used for the acquisition of real estate and interests in real estate as more fully delineated in §§ 53-1, 53-2 and 53-3 above. In connection with such acquisitions, the funds may be utilized for appraisals, title fees, professional fees and other items of expense permitted by law in connection with the acquisition of real estate.
B.
Funds accumulated within the Open Space Trust Fund may be used as a down payment for the issuance of bonds or for debt service for the purposes set forth in § 53-1, if so authorized by the Township Council.
C.
Funds accumulated
within the Open Space Trust Fund may be used for the maintenance of
Township lands for recreation and conservation purposes.
D.
Any and
all interest or gain accruing shall remain in the Open Space Trust
Fund and may be utilized for the above-described purposes.
The land acquired under the Open Space Trust
Fund shall be utilized for all categories of open space, including
parks, recreation areas, natural areas and such other uses consistent
with the concept of open space.
No real property or interest therein, acquired
with funds from the Open Space 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.
