ORDINANCE NO. 754

AN ORDINANCE OF THE BOROUGH OF PEAPACK AND GLADSTONE, COUNTY OF SOMERSET AND STATE OF NEW JERSEY ESTABLISHING A TRUST FUND FOR 1) THE ACQUISITION OF LAND FOR OPEN SPACE AND RECREATION, 2) THE PRESERVATION OF FARMLAND AND HISTORIC SITES AND 3) THE CREATION OF AN OPEN SPACE ADVISORY COMMITTEE

BE IT ORDAINED by the Borough Council of the Borough of Peapack and Gladstone, in the County of Somerset and State of New Jersey as follows:

Section 1. Open Space, Recreation, Farmland and Historic Preservation Trust Fund (”Trust Fund”)

  1. Fund for Open Space, Recreation, Farmland and Historic Preservation.
    1. There is hereby established a reserve in the General Capital Fund which shall be noted and designated as the “Open Space, Recreation, Farmland and Historic Preservation Trust Fund” hereinafter known as “Trust Fund”. The Trust Fund may be used to further the goals of open space, recreation, farmland and historic preservation. A separate bank account shall be established and maintained for the Trust Fund entitled, “Borough of Peapack and Gladstone Open Space, Recreation, Farmland and Historic Preservation Trust Account”. As directed by the Borough Council, funds from the Trust Fund may be utilized to acquire, maintain or improve all types of interests in real property, including, not by way of limitation, fee simple acquisitions, easements, development rights, or any other lesser interests in real estate which will further the goals set forth above.
    2. The lands in which such interests may be acquired shall include undeveloped land as well as land containing improvements at the time of acquisition provided the principal purpose of the acquisition is to further the goals of this Ordinance.
    3. The Borough Council shall have the option of paying for land acquisitions with improvements upon them either solely through the Trust Fund or by apportioning the cost thereof by charging the Trust Fund for the land portion and the Borough’s capital account for the improvement portion. It is understood that such acquisition may occur via gift, purchase or by eminent domain proceedings pursuant to N.J.S.A. 20:3-1 et seq.
    4. In addition, the Borough Council may authorize the disbursement of monies from the Trust Fund to assist any recognized public or recognized not-for-profit private entity in acquiring interests in real property, primarily located within the Borough for the purposes stated herein, provided that suitable arrangements are made to assure (i) that such lands are made subject to such restrictions as are imposed by this Ordinance, and (ii) that in the event such interests subsequently are sold, the net proceeds of such disposition will be paid over to the Borough’s Trust Fund in the same proportion that the Borough’s contribution bore to the original purchase price.
  2. Funding of the Open Space. Recreation, Farmland and Historic Preservation Trust Fund. Beginning in 1999, a special tax rate shall be added to the total Borough tax rate in the amount of $0.02 per $100.00 of the annual assessed valuations and tax rate, the revenue from which shall be deposited into the Trust Fund. In subsequent years the Borough Council, annually by resolution, after a public hearing, will establish the rate, not to exceed $0. 02 per $ 100.00 of the assessed valuation of the new year. The Trust Fund shall also be permitted to accept donations and testamentary bequests. The funds accumulated within the Trust Fund shall be utilized for the acquisition of and/or improvements to real estate and interests in real estate as more fully delineated in Section I (A) (1) above. In connection with such acquisition, the funds may be utilized for appraisals and other items of expense permitted by law in connection with the acquisition or as a down payment for the issuance of bonds or for debt service for the same purpose at the discretion of the Borough Council. Any and all interest accruing shall remain in the Trust Fund and may be utilized for the above described purposes. In no event shall the Borough pay more than fair market value for the land to be acquired. The Borough shall obtain a minimum of one appraisal from a certified appraiser plus the appraisal of the Borough Tax Assessor, as a guide to the fair market value. The cost of such appraisal may be paid out of the Trust Fund.
  3. Utilization of the Land Acquired through the Open Space Recreation, Farmland and Historic Preservation Trust Fund. The land acquired under the Trust Fund shall be utilized for open space including parks, recreation areas, natural areas, greenways, wild life habitats, preservation of farmland and historic areas and such other uses consistent with this Ordinance as well as for necessary improvements to further the goals of this Ordinance, including the improvement of land for recreational purposes.
  4. Sale of Property. No real property or interest therein acquired with funds from the 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 Fund. If such a sale, lease or conveyance is made, the Borough Council shall be required to (1) place the monies received into the Trust Fund and (2) following the procedures set forth herein, replace such property (s) or interest (s) with property (s) or an interest (s) of at least equal fair market value and of reasonably equivalent usefulness, size, quality and location. The deed of any property acquired with funds from the Trust Fund shall contain a specific notation reflecting that the property was acquired with funds from the Trust Fund and shaft not be conveyed except in accordance with the provisions of this Ordinance.

Section 2. Establishment of Advisory Committee

  1. Establishment of an Open Space, Recreation, Farmland, and Historic Preservation Advisory Committee. There is hereby established an Open Space, Recreation, Farmland and Historic Preservation Advisory Committee hereafter known as the “Advisory Committee” to review and recommend parcels of land and interests therein for acquisition and preservation as open space within the Borough of Peapack and Gladstone and such improvements that will further the goals of this Ordinance.
  2. Appointment, Membership, Term. The Advisory Committee shall consist of
    1. Mayor,
    2. One member of the Borough Council,
    3. A minimum of five (5) additional regular members, who shall not be elected officials, to be recommended by the Mayor and appointed by the Borough Council, drawn from among the following:
      1. Members of the Land Use Board of the Borough of Peapack and Gladstone,
      2. Members of the Environmental Commission.
      3. Members of the Recreation Commission, and
      4. Residents of the Borough of Peapack and Gladstone.

    In making the five regular appointments to the Advisory Committee, the Mayor and Borough Council shall attempt, but shall not be required, to select individuals who have a strong interest in promoting the purposes of this Ordinance and to create a distribution of membership which as nearly as possible includes one (1) member from each category above.

    Except for the positions to be held ex officio by the Mayor, and by a member of the Borough Council, the Borough Council may fill any vacancy or make any new appointment from within any of the categories above, without regard to the category to which the former member belonged. Members from the Land Use Board, the Environmental Commission, the Recreation Commission, the Mayor and the Borough Council shall have terms which correspond with the term of his/her respective appointive/elected office. The resident members of the Advisory Committee shall serve three (3) year terms. However, the initial term of every resident member shall be specified at the time of appointment so as to create staggered terms among the resident members, as nearly as possible.

  3. Duties and Functions
    1. Within six months of its formation, the Advisory Committee shall prepare and submit to the Borough Council an Open Space, Recreation, Farmland and Historic Preservation Plan for the Borough of Peapack and Gladstone. The Plan shall include an inventory of suitable properties within the Borough and evaluate and prioritize such suitable properties through the development of appropriate criteria. Such Plan shall consist of a parcel ranking as well as recommendations concerning the nature of the interests in such real estate to be acquired and the purposes for which such land should be utilized. The Advisory Committee shall submit to the Council an amended and updated Plan annually thereafter.
    2. The Advisory Committee shall assist the Borough in the establishment of an Open Space, Recreation, Farmland and Historic Preservation Tracking Program to catalog the state of privately owned open space, recreational areas, farmland and historic areas in the Borough and record the Borough’s progress with respect to acquisition and preservation.
    3. The Advisory Committee shall provide guidance and support to the Borough Council and Land Use Board on issues and matters of open space and shall submit its initial Plan and all annual amendments thereto to the Land Use Board for consideration and inclusion in the Borough’s Master Plan.
    4. The Advisory Committee shall periodically review its functions and submit a recommendation to the Borough Council as to whether additional duties should be assigned or delegated to the Advisory Committee.
    5. The Advisory Committee shall annually select from among its members a Chairperson and a Vice Chairperson to serve as the presiding officer in the absence of the Chairperson. The Committee shall also select a Secretary, from its membership. whose function shall be to maintain minutes of the Committee’s meetings and records of the proceedings of the Committee The Committee may appoint such clerks and other employees and professional consultants as it may from time to time require and as may be within the limits of funds appropriated to it for that purpose out of the Trust Fund or out of general revenues.
    6. The Advisory Committee shall have such other duties as the Borough Council may assign to it from time to time.

Section 3. Review

  1. The Ordinance will be in effect for a period of five (5) consecutive years. The Borough Council shall then conduct a review and, if it deems appropriate, issue a report with recommendations and conclusions concerning the continuation of the Trust Fund and whether a public referendum is appropriate.

Section 4. Repealer

  1. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency only.

Section 5. Severability

  1. If any word, phrase, clause, sentence, paragraph or section of this Ordinance is, for any reason, held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 6. Effective Date

  1. This Ordinance shall take effect immediately upon final passage and publication in accordance with law.

BOROUGH OF PEAPACK AND GLADSTONE

Attest:
(LS)Vincent A. Girardy, Mayor
(LS) Margaret J. Gould, Borough Clerk

[This Ordinance was introduced on January 26, 1999 and adopted on March 9, 1999.]