SENATE, No. 1110
STATE OF NEW JERSEY
INTRODUCED MAY 9, 1996
By Senator INVERSO
An Act concerning open space and farmland preservation by certain counties, and amending P.L.1989, c.30, and P.L.1992, c.157.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1989, c.30 (C.40:12-16) is amended to read as follows:
1. The governing body of any county in which the voters of the county have approved, in a general or special election, a proposition authorizing the acquisition , maintenance, or improvement of lands for conservation as open space or the acquisition of lands for conservation as farmland, may annually raise by taxation, including for purpose of debt service payments on indebtedness issued for the acquisition , maintenance, or improvement of open space or the acquisition of farmland, a sum not to exceed the amount or rate set forth in the proposition approved by the voters, for the acquisition , maintenance, or improvement of land or water areas, and any existing improvements thereon, within the county for conservation as open space or the acquisition of land within the county for conservation as farmland. Amounts raised by taxation hereunder shall be deposited in a county open space and farmland preservation trust fund and shall be used exclusively for the acquisition , maintenance, or improvement of open space or the acquisition of farmland. Separate accounts may be created within the county open space and farmland preservation trust fund for the deposit of revenue to be expended for the acquisition , maintenance, or improvement of open space areas and for the deposit of revenue to be expended for the acquisition of farmland. Selection of open space for acquisition shall be in accordance with a park, recreational and open space plan prepared and adopted by the county. Revenue to be expended for the acquisition of farmland may be expended pursuant to a farmland preservation plan prepared and adopted by the county or pursuant to the provisions of the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et al.) or any other law enacted for the purpose of preserving farmland.
Whenever the county shall determine that it is necessary that any public utility facilities such as tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility, as defined in R.S.48:2-13, which are now, or hereafter may be, located in, on, along, over or under any open space acquired by the county, should be removed from such area, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the open space plan prepared and adopted by the county; except that the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish such relocation or removal, less the cost of any lands or any rights of the public utility paid to the public utility in connection with the relocation or removal of such property, shall be ascertained and paid by the county as a part of the cost of the acquisition. In case of any such relocation or removal of facilities, as aforesaid, the public utility owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location.
As used in this act:
"Acquisition" means the securing of a fee simple absolute or a lesser interest in land or water areas, including easements restricting development, by gift, purchase, devise, installment purchase agreement, or condemnation.
"Farmland" means land actively devoted to agricultural or horticultural use that is valued, assessed and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).
"Open space" means land or water areas to be retained in a largely natural or undeveloped state, for purposes of, among other things, providing parkland or green spaces, protecting ecologically sensitive areas, preserving flora and wildlife, or protecting or preserving areas of scenic, historic and cultural value, while at the same time affording, whenever practicable, public outdoor recreational opportunities for the county's residents. "Open space" may include a recreational area such as a golf course if the acquisition subserves the objective of this act of protecting a largely undeveloped area from future development.
(cf: P.L.1992, c.157, s.1)
2. Section 7 of P.L.1992, c.157 (C.40:12-16.1) is amended to read as follows:
7. The county agriculture development board of a county in which the voters of the county have approved, in a general or special election, a proposition authorizing the acquisition , maintenance, or improvement of lands for conservation as open space or the acquisition of lands for conservation as farmland pursuant to P.L.1989, c.30 (C.40:12-16 et seq.) shall, pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), adopt a prioritized list of farmland eligible for acquisition of development easements thereon by installment purchase agreements pursuant to the provisions of P.L.1992, c.157 (C.40:12-16.1 et al.) if the county intends to acquire development easements on farmland in that manner. The governing body of the county shall annually appropriate from the county open space and farmland preservation trust fund such amounts as it may deem necessary to finance the acquisition of development easements on farmland within that county by installment purchase agreement.
(cf: P.L.1992, c.157, s.7)
3. Section 3 of P.L.1989, c.30 (C.40:12-18) is amended to read as follows:
3. Amounts raised by taxation for the acquisition , maintenance, or improvement of open space or the acquisition of farmland pursuant to this act shall be apportioned by the county board of taxation among the municipalities within the county in accordance with R.S.54:4-49. The amounts so apportioned shall be assessed, levied and collected in the same manner and at the same time as other county taxes. The tax collected hereunder shall be referred to as the "County Open Space and Farmland Preservation Trust Fund Tax."
(cf: P.L.1992, c.157, s.3)
4. This act shall take effect immediately and shall also apply retroactively to any monies raised prior to the effective date of this act through a proposition approved by the voters of a county pursuant to section 1 of P.L.1989, c.30 (C.40:12-16).
STATEMENT
This bill would amend the law authorizing any county to adopt a county open space and farmland preservation trust fund tax to provide that the tax revenues may also be used for the maintenance and improvement of open space within the county.
Authorizes counties to use "County Open Space and Farmland Preservation Trust Fund Tax" revenues for maintenance or improvement of open space.