In
November 2002, a referendum to establish a Municipal Open
Space, Recreation, Farmland and Historic Preservation Trust
Fund was voted on by the residents of the Township of Livingston.
A total of 4,484 people (76%) voted “yes” to the question
posed on the referendum.
After
the overwhelming support of the voters, a reserve in the
Township’s general capital fund, which shall be known as
the “Livingston Open Space Trust Fund,” was established
by the Township Council in January 2003. At the same time,
The Livingston Open Space
Trust Committee (LOSTC) was established by ordinance
to provide advice and counsel to the Township Council on
the expenditure of the moneys from the Open Space Trust
Fund. It consists of seven members, one of whom is the Township
manager or his designee, one is a member of the Township
Council, one is a member of the Planning Board, one is a
member of the Livingston Environmental Commission, and three
members are appointed by the Township Council, which also
appoint two alternates. All members of the Open Space Trust
Committee are residents of the Township and serve without
compensation.
Funds
from the Open Space Trust Fund may be used, as directed
by the Township Council, to acquire vacant land, easements,
development rights and historical sites. Funds from the
account may also be used to acquire land which has improvements
upon it at the time of acquisition, provided that the principal
purpose of the acquisition is to preserve open space.
The
Open Space Trust Fund shall be funded through the dedication
to the Fund of an amount not to exceed three cents ($0.03)
per one hundred dollars ($100) of assessed valuation of
each annual tax levy. This amount may be altered by the
passage of a new referendum. The Fund shall also be permitted
to accept donations and testamentary bequests. The funds
accumulated within the Fund may be utilized for the acquisition
of land, easements, development rights and/or historical
sites, or as a down payment for the issuance of bonds for
the same purpose at the discretion of the Township Council.
Any and all interest accruing shall remain in the Fund and
may be utilized for the above-described purpose.
Powers
and Duties of LOSTC:
The
LOSTC shall initially prepare a report recommending the
acquisition of specified lands in fee, the acquisition of
specified easements and/or the acquisition of development
rights to specified lands. The report shall prioritize the
acquisitions recommended. The Township Council, after reviewing
the report, shall determine which properties, easements
or development rights should be pursued. After selection
of the lands, easements or development rights, the Township
may acquire by gift, purchase or by eminent domain proceedings
the identified lands, easements or development rights within
the financial constraints established by the Township Council.
