The Morris County Open Space and Farmland

Preservation Trust Fund

Rules and Regulations

Morris County Board of Chosen Freeholders

The Morris County Open Space And Farmland Preservation Trust Fund

Rules and Regulations

The State of New Jersey enacted legislation which permits... "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 of lands for conservation as open space and/or as farmland may annually raise by taxation a sum not to exceed the amount or rate set forth in the proposition approved by the voters..."

Acknowledging the need to preserve open space and farmland, the Morris County Board of Chosen Freeholders passed a resolution on August 12, 1992 authorizing the placement of a public question on the November 3, 1992 ballot. The voters of the county, in order to assure Morris County’s long standing tradition of maintaining a high quality of life through the acquisition of open space, recreational lands, and areas of environmental significance, approved a non-binding referendum by a margin of 2 to 1 for the creation of the Morris County Open Space and Farmland Preservation Trust to be funded by a tax not to exceed $.02 per $100 of total county equalized real property valuation.

As a result of the election, the Board of Chosen Freeholders established the trust fund by resolution on December 22, 1992. The fund commenced on July 1, 1993 with a tax equal to one-half cent per $100 of total county equalized real property valuation. The Board of Chosen Freeholders will set the rate on an annual basis. Also, an Ad Hoc Committee was created for the purpose of recommending rules and regulations for the administration of the trust fund. These rules and regulations were formally adopted by the Board of Chosen Freeholders on December 14, 1994 pursuant to N.J.S.A. 40:12-19.

The following words and terms shall have the following meanings unless the context clearly indicates otherwise:

Acquisition- the securing of a fee simple absolute or a lesser interest in real property by gift, purchase, devise or condemnation.

Aquifer Recharge Protection Area- lands through which water of significant volume and high quality moves down to an underlying groundwater reservoir.

Conservation Easement- an easement, covenant, restriction or other interest in real property,

which limits or restricts development, management or use of such real property for the express purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, forest, or natural condition, character, significance or amenities of the real property in a manner consistent with public policy and purpose, whether created under common law or pursuant to the provisions of State Law. A conservation easement may include affirmative rights of public access, management and use.

Cultural Resource Acquisition Project- a project to acquire lands that provide or could provide access to outdoor performing or fine art facilities.

Department- the Morris County Department of Planning and Development.

Debt Service- annual payments of principal and interest on loans used for the acquisition of open space.

Farmland Preservation Project- a project to acquire farmland in accordance with the Agriculture Development and Farmland Preservation Act.

Flora/Fauna Protection Project- a project to acquire lands essential for the conservation of significant flora and/or fauna species which require special management consideration or protection. Habitat areas of threatened and endangered species are also included.

Freshwater Wetlands Project- a project to acquire lands designated as freshwater wetlands together with adjacent upland necessary for management of the wetlands.

Golf Courses- a daily fee public recreational facility, regulated by the rules of golf and related improvements associated with such a facility, which can be categorized into one of the following: par 3, executive and regulation courses.

Green spaces/Parkland Projects- a project to acquire recreational lands, waters, natural ecosystems, historic sites, wetlands, wildlife habitats, urban parks and scenic settings for the enjoyment of the public.

Green ways Project- a project to acquire land which provides a linkage to recreational lands, water, natural ecosystem, historic sites, wetlands, wildlife habitats, urban parks and scenic settings for the enjoyment of the public. Green ways may include, but are not limited to, bikeways, trails, stream and river corridors.

Historic Preservation Acquisition Project- a project to acquire land of historically significant value to the county and/or a municipality. The parcel shall be at least five acres.

Lands- lands, improvements and structures thereon or rights, franchises and interests therein. This term shall also include and mean any and all interests in lands amounting to less than fee title, including permanent and temporary easements, including conservation easements and rights-of-way.

Land Access Project- a project to acquire lands for access to state, federal or other county or municipal park and open space areas.

Open Space- land or water areas to be retained in a largely natural or undeveloped state, for the purpose 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 practical, public outdoor recreational opportunities for county residents. "Open Space" may include a recreational area such as a golf course if the acquisition subserves the objective of the open space trust fund act by protecting a largely undeveloped area from future development.

Open Space also means projects to acquire lands which are: open or natural, in or near an urban, suburban, or rural area, and necessary to preserve the ecological, scenic, recreational or historical values of such land. Open space projects include, but are not limited to, the following types of projects: land access projects; stream rights projects; open or natural land projects including additions to existing owned outdoor recreation areas; Green ways/parklands projects; aquifer recharge area projects; watershed protection projects; and waterfront protection projects.

Qualified Charitable Conservancy- a corporation or trust whose purposes include the acquisition and preservation of land or water areas or of a particular land or water area, or either thereof, in a natural, scenic or open condition, no part of the net earnings of which insures to the benefit of any private shareholder or individual, and which has received tax exemption under section 501(c) of the 1954 Internal Revenue Code.

Recreational Land- land and water areas which provide opportunities for outdoor active or passive recreational activities.

Scenic Acquisition Project- a project to acquire lands to maintain the scenic or rural nature of an area.

Steep Slopes Project- a project to acquire lands having a grade of 15% or greater for the purpose of providing parkland and/or green spaces.

Stream Rights Project- a project to acquire lands that provide public fishing rights on quality streams or rivers.

Watershed Protection Project- a project to acquire lands within the watershed of a publicly owned water supply reservoir.

Water Supply Reservoir- an impoundment of surface waters, the primary purpose of which is

The following entities are eligible to apply for funds:

Projects eligible for consideration for funding from the Morris County Open Space and Farmland Preservation Trust Fund include the following:

f. the protection of critical water supplies such as areas

3. The payment of debt service for new projects under consideration. The program may assume all or part of the debt service. Refinancing of an existing project is not eligible.

In each instance where lands are acquired by any municipality within the County of Morris or by any qualified charitable conservancy with funds from the Open Space and Farmland Preservation Trust Fund, such municipality or qualified charitable conservancy shall convey (at no cost) an easement to the County of Morris in accordance with Chapter 24 of the Public Laws of 1997.

Projects ineligible for funds from the Morris County Open Space and Farmland Preservation Trust Fund include but are not limited to the following:

Each year, the monies available to the Morris County Open Space and Farmland Preservation Trust Fund shall be allocated in the following manner:

Municipal/Qualified Charitable Conservancy Projects

The Open Space and Farmland Preservation Trust Fund Committee shall annually review, prioritize and recommend for funding those projects submitted by municipalities and or

qualified charitable conservancies. Recommendations shall be made to the Morris County

Board of Chosen Freeholders in accordance with a schedule established by the Committee.

In the event a previously approved acquisition project is unsuccessful, or if project funds are unexpended, said funds shall be added to the current year’s allocation in this category.

Morris County Park Commission/Morris County M.U.A. Projects

The determination as to which properties are to be acquired shall be the responsibility of the

Morris County Park Commission and the Morris County Municipal Utilities Authority

(M.U.A.), subject to the final approval of the Board of Chosen Freeholders. The Open

Space and Farmland Preservation Trust Fund Committee shall be notified of the following:

Farmland Preservation Projects

The determination as to which properties are to be acquired under shall be the responsibility

of the CADB, subject to the final approval of the Board of Chosen Freeholders. The

CADB must notify the Open Space Trust Fund Committee of the following:

Discretionary Funding

The specified annual percentage of funds shall be considered discretionary. These funds

may be used to supplement funding for a project(s) in any of the categories. Discretionary

funds will be allocated on a competitive basis as recommended by the Open Space and

Farmland Preservation Trust Fund Committee to the Morris County Board of Chosen

Freeholders.

1.6 Allocation of Funds-Interest on Investments

Any interest earned on the investment of funds from the Open Space & Farmland Preservation

Trust Fund shall be retained within the trust fund with the total amount of interest earned from

July to June to be added to next year’s dedicated tax amount and distributed in accordance with

Section 1.6 (a).

The Open Space Trust Fund Committee shall develop an application package and establish criteria by which applications in the "municipal/qualified charitable conservancy" and "discretionary share" are to be evaluated.

Applicants which have been approved for funding shall fund all costs incurred in connection with the acquisition of any land or interest therein including the cost incurred for: appraisals, wetland delineations, surveys, title searches, legal expenditures and any other costs associated with the acquisition of such land or interest therein except that costs incurred for any Phase I Environmental Audit and any review appraisals shall be funded through the Open Space and Farmland Preservation Trust Fund.

Applicants which have been approved for funding will have three (3) months from the date of Freeholder approval to execute a grant agreement with the County of Morris. Upon execution by both parties of the grant agreement, the applicant will have fourteen (14) months to complete the project. If the applicant fails to complete the project within these time frames, the grant agreement shall be forfeited.

A fifteen member committee shall review, prioritize, and make recommendations to the Morris County Board of Chosen Freeholders on the funding of projects which fall into the municipal/qualified charitable conservancy and discretionary share categories. The Open Space and Farmland Preservation Trust Fund Committee shall also forward to the Board of Chosen Freeholders all projects recommended by the Morris County Park Commission/Morris County M.U.A. and the Morris County Agriculture Development Board. The Committee shall not have the authority to amend or modify projects undertaken by the Park Commission/M.U.A. or Agriculture Development Board.

All nominees to the Committee shall be reviewed according to standard County procedures in order to avoid any potential conflict of interest. The Morris County Board of Chosen Freeholders shall appoint the committee based upon the recommendation(s) from the various municipalities and/or entities as follows:

1. municipal representatives with one representative from each of the

1. at-large members

1. appointee of the Morris County Agriculture Development Board from its membership.

The Morris County Board of Chosen Freeholders may also appoint a liaison to the Committee and a representative of the State Green Acres Program. These members shall not have voting privileges.

All Committee members shall be residents of Morris County and shall be required to properly

file a financial disclosure statement as required by N.J.S.A. 40A:9-22.1

The Committee will elect a chairperson, vice-chairperson and secretary from its membership.

The term of the office shall be for one year.

The Chairperson shall preside at all meetings of the Open Space and Farmland Preservation Trust Fund Committee and be an ex-officio member of any and all sub-committees that may be

created. The Chairperson shall appoint all standing and ad hoc committees as may be required.

The Vice-Chairperson shall perform the duties of the Chairperson in his/her absence. Should the

office of Chairperson become vacant, the Vice-Chairperson shall succeed to the office of the Chairperson for the balance of the term. The Vice-Chairperson shall perform such duties as may be assigned by the Chairperson.

The Secretary shall sign all official documents as may be required.

The following acquisition strategies shall be considered in the allocation

of funds from the Open Space Trust Fund:

2. Encourage multi-use projects (projects including several elements such as

water protection, recreation, historic and scenic preservation, etc.)

3. Give consideration to projects involving land under immediate threat of

The Morris County Board of Chosen Freeholders may amend these rules and regulations by resolution at any time.

Adopted: December 14, 1994

Amended: September 25, 1996

September 10, 1997

February 10, 1999