[HISTORY: Adopted by the Township Council
of the Township of Cedar Grove 3-8-1999 by Ord. No. 99-509. Amendments
noted where applicable.]
There is hereby established an Open Space Trust
Fund, which fund shall be administered by the governing body of the
Township of Cedar Grove.
A.
Powers and duties. The governing body of the Township
of Cedar Grove is authorized by majority vote to make the acquisition
of lands, acquisition of property or easements within the Township
of Cedar Grove for active and passive recreation, and for conservation
purposes. The governing body shall determine the amount of funds that
it will make available for each acquisition.
B.
Funding. There is hereby established a reserve in
the Township's general capital fund which shall be known and designated
as the "Open Space Trust Fund." A separate bank account shall be opened
and maintained for this purpose.
(1)
The funds from the account may be used, as directed
by the governing body, to acquire vacant land, easements and development
rights. The funds from the account may also be used to acquire land
which has improvements on it at the time of acquisition provided that
the principal purpose of the acquisition is to preserve open space.
In the event that the governing body shall find it appropriate to
apportion the cost of acquisition between open space and improvements,
it may do so and charge the Open Space Trust Fund for the approximate
value that the governing body deems relative to open space and the
Township's capital account for the value that it determines attributable
to improvements.
(2)
The Open Space Trust Fund shall be funded through
the dedication to the fund of an amount of up to $0.02 per $1,000
of assessed valuation of each annual tax levy. The Open Space Trust
Fund shall also be permitted to accept donations and testamentary
bequests. The monies accumulated within the Open Space Trust Fund
may be utilized for the acquisition of land and/or easements. Any
and all interest accruing shall remain in the Open Space Trust Fund
and may be utilized for the above-described purposes.
[Amended 1-25-2010 by Ord. No. 10-704; 12-20-2010 by Ord. No. 10-721]
(3)
After five years from the date of enactment of this
chapter, the Township Council shall review the desirability of the
continuation of additional funding of the Open Space Trust Fund and
either authorize the continuation or termination of the fund. In the
event a determination is made not to continue funding, this chapter
shall no longer be valid five years from the date of its enactment. [1]
[1]
Editor's Note: Ordinance No. 08-693, adopted 12-15-2008, provided that the Open Space Trust Fund is extended up to and including 12-31-2010; and that the Open Space Trust Fund Committee, established by § 248-2, shall remain charged with the duties originally set forth by § 248-5. Ordinance No. 10-721, adopted 12-20-2010, further extended the Open Space Trust Fund up to and including 12-31-2012, and also provided that the Committee shall remain charged with and discharge the duties set forth by § 248-5.
C.
Disposition of property or other interests in land.
No property or interest in land acquired with monies from the Open
Space Trust Fund shall be leased, sold or otherwise disposed of by
the Township until the disposition has been authorized by the Township
Council after and in accordance with a binding public referendum.
There is hereby established an Open Space Trust
Committee, which shall consist of seven members whose terms and powers
are hereinafter set forth.
The Open Space Trust Committee shall be comprised
of the following persons:
A.
One member of the Township Council of the Township
of Cedar Grove appointed by the Township Council.
B.
A Township employee of the Township of Cedar Grove
appointed by the Township Council.
[Amended 2-12-2001 by Ord. No. 01-550]
C.
Five residents, plus two alternate residents, of the
Township approved by the Township Council.
[Amended 3-15-2004 by Ord. No. 04-608]
A.
The member of the Township Council appointed to the
Open Space Trust Committee shall have a term of one year.
B.
The Director of Community Development's term shall
be for one year.
C.
The balance of the members of the Committee shall
be appointed by the Township Council and shall serve for a period
of three years, except that the respective terms of office of the
originally appointed members shall be as follows:
D.
The term of each member, except for the initial term,
shall begin on the first day of January, and each member shall continue
in office until his successor shall be appointed.
A.
The Open Space Trust Committee's powers and duties
shall be limited to those enumerated herein. The Open Space Trust
Committee shall serve in an advisory capacity to the Township Council.
B.
The Open Space Trust Committee shall prepare a report
recommending the parcels of land which may be acquired in fee. The
Open Space Trust Committee shall also develop and maintain an updated
open space and recreation plan. The Open Space Trust Committee shall
submit to the Township Council the properties which it recommends
the Township acquire. The Township Council shall review the properties
submitted and make a determination as to which properties are to be
acquired, if any.
C.
After reviewing the properties referred to above,
the Township Council may proceed to acquire by gift, purchase or by
eminent domain proceedings, pursuant to N.J.S.A. 20:3-1 et seq., the
identified parcels within the financial constraints established by
the Township Council.
E.
The Open Space Trust Committee shall select from among
its members a Chair and a Vice Chair to serve as the presiding officer
in the absence of the Chair. The Chair and Vice Chair shall serve
one year terms, and no Chair or Vice Chair shall serve for more than
two consecutive terms. The Committee shall also select a Secretary
whose function shall be to maintain minutes of the Committee's meetings
and records of the proceedings of the Committee.
