Hunterdon County Open Space, Farmland and Historic Preservation

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					                    Hunterdon County Open Space, Farmland
                    and Historic Preservation Trust Fund Plan




                         Policies and Procedures Manual for the
                         Municipal and Nonprofit Grant Programs


_________________________________________________

Approved by
Hunterdon County Board of Chosen Freeholders
3rd Edition - 2005
Hunterdon County Board of Chosen Freeholders
                          (as of 2005)




      George B. Melick, Freeholder Director
       Nancy I. Palladino, Deputy Director
            Frank J. Fuzo, Freeholder
         Marcia A. Karrow, Freeholder
          George D. Muller, Freeholder

           Clerk of the Board: Denise B. Doolan

          County Administrator: Cynthia J. Yard




                    front cover picture
         Hoffman Farm in Holland Township along the
            Musconetcong Mountain (419.380 ac.)
          Jointly preserved by The County of Hunterdon
                  and The Township of Holland
                           Table of Contents

SECTION I:                                                            1
OVERVIEW
1. Background                                                         1
2. Introduction to Manual                                             3
   A. Purpose and Objectives
   B. Scope of Manual                                                 3
   C. Review, Approval and Future Changes to Manual
   D. Construction
   E. Severability                                                    4
3. Open Space Advisory Committee                                      4
   A. Purpose and Mandate
   B. Membership
   C. Meeting Schedule                                                5
   D. Responsibilities of the Open Space Advisory Committee
   E. Staff
   F. Coordination with Freeholder Board and other County boards or   6
        commissions

SECTION II:                                                           7
MUNICIPAL GRANTS PROGRAM
1. Program Considerations                                             7
   A. General Provisions
   B. Project Application Categories                                  8
   C. Ineligible Projects
   D. Project Costs                                                   9
2. Application Cycles, Procedures and Requirements (A. B.)            11
   C. Application Submission Requirements                             11
   D. Reservation of Open Space Trust Funds                           12
   E. Rendering of Decisions
   F. Re-allocation of unused funding by Freeholder Board
3. Municipal Agreements                                               13
4. Grant Payment Policies and Conditions                              14
   C. Reimbursement Policies                                          15

SECTION III:                                                          17
NONPROFIT GRANTS PROGRAM
1. Program Considerations                                             17
   A. General Provisions
   B. Eligible Projects                                               18
   C. Ineligible Projects
   D. Project Costs                                                   19
2. Application Cycles, Procedures and Requirements                    19
   C. Submission Requirements                                         20
   D. Project Review and Selection Method
   E. Rendering of Decisions
                           Table of Contents


3. Nonprofit Agreements                                                    21
4. Grant Payment Policies and Conditions
   C. Reimbursement Policies                                               22

Endnote                                                                    23

SECTION IV:
GLOSSARY OF TERMS                                                          24

SECTION V:
EXHIBITS AND ATTACHMENTS                                                   28
1. Exhibit A: “Open Space Advisory Committee Regions”
2. Exhibit B: “Nonprofit Grants Program Priority System”
3. Exhibit C: “List of County-Owned Structures of Historic Significance”
4. Attachment I:      “Municipal Grants Program Application”
5. Attachment II:     “Nonprofit Grants Program Application”
                           HUNTERDON COUNTY
      OPEN SPACE, FARMLAND & HISTORIC PRESERVATION TRUST FUND
                     Policies and Procedures Manual for the
                    Municipal and Nonprofit Grants Programs


SECTION I: OVERVIEW
This Manual has been approved by the Board of Chosen Freeholders to assist the
municipalities of Hunterdon County and qualifying nonprofit organizations by
encouraging partnership arrangements and by leveraging a variety of available
funding sources to achieve countywide open space preservation goals and historic
preservation of County owned and municipal owned facilities, structures, sites and
areas, etc.

1. Background
On November 2, 1999, Hunterdon County voters approved a ballot question authorizing the
Board of Chosen Freeholders to establish an Open Space, Recreation, Farmland and Historic
Preservation Trust Fund in accordance with P.L. 1997, c. 24. That proposition imposed an
annual levy not to exceed three ($0.03) cents per one hundred ($100.00) dollars of the total
County equalized real property value, limited to a five (5) year period that commenced January
1, 2000 and ended December 31, 2004. On November 2, 2004, Hunterdon County voters
approved a second County Question to continue the Open Space, Farmland and Historic
Preservation Trust Fund, again limited to a five (5) year period commencing January 1, 2005
and expiring December 31, 2009. Revenue collected from the Hunterdon County Open Space,
Recreation, Farmland and Historic Preservation Trust Fund (“Open Space Trust Fund”) is
dedicated for the acquisition of lands for recreation, conservation, general open space and
farmland preservation purposes. Revenue from the second Open Space Trust Fund is, also,
dedicated for similar land acquisition purposes but now prioritized, by the County of
Hunterdon, to slow down residential growth; in addition, the second County Question newly
authorizes funds for the historic preservation of municipal owned historic structures as well as
County owned facilities, structures, sites, areas and objects. The County of Hunterdon may
also use these funds for the payment of its debt service or indebtedness issued or incurred for
any of the above purposes.

On June 13, 2000, the Hunterdon County Board of Chosen Freeholders adopted the Hunterdon
County Open Space, Farmland and Historic Preservation Trust Fund Plan • , which was
prepared by the County Planning Board. The purpose of this plan is to provide the Freeholder


•
  Copies of the Hunterdon County Open Space, Farmland and Historic Preservation Trust Fund Plan have been
distributed to each municipality and nonprofit organization with a recent history of land preservation in Hunterdon
County, and are available at the County Library; County Planning Board Office, and municipal planning board
offices. Plan revisions and/or editions resultant from the second County Question will also be distributed when
necessary.
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(Section I.1. continued)

Board with policy guidance on administrative and cost-effective ways to advance Hunterdon
County’s open space, farmland and historic preservation goals. These goals are additionally
expressed in the Hunterdon County Farmland Preservation Plan; Hunterdon County Park and
Recreation Master Plan, and the Hunterdon County Master Plan - Sites of Historic Interest.

Among the many important goals and recommendations of the County’s Open Space Trust
Fund Plan, the Board of Chosen Freeholders approved the creation of two programs that will
additionally utilize funds from the Open Space Trust Fund.

    The Municipal Grants Program makes a percentage of Open Space Trust Funds available
    to each municipality in Hunterdon County for open space preservation purposes.
    Municipalities may apply for annually set funds to acquire lands for public recreation and
    conservation uses, general open space and farmland preservation purposes or to prepare
    relevant planning documents that address land preservation techniques, strategies and
    implementation measures, which comport with the Hunterdon County Open Space,
    Farmland and Historic Preservation Trust Fund Plan and companion preservation plans.
    Open Space Trust Funds may also be applied toward retiring new debt service or
    indebtedness incurred in connection with eligible municipal land acquisitions, and may
    now be used to restore and rehabilitate municipal owned historic facilities a well as County
    owned historic facilities. Each municipality is entitled to receive up to ten (10%) percent of
    the funds it contributed annually to the Hunterdon County Open Space, Farmland and
    Historic Preservation Trust Fund under the first County Question; and, up to fifteen (15%)
    percent of the funds it contributes annually to the Hunterdon County Open Space, Farmland
    and Historic Preservation Trust Fund for the second County Question – beginning with
    funds collected on January 1, 2005 and ending December 31, 2009.
    The Nonprofit Grants Program makes an additional, comparable annual percentage of
    Open Space Trust Funds available, on a competitive application basis, to nonprofit
    organizations that qualify as a Charitable Conservancy. Under this program, however,
    Open Space Trust Funds must be used exclusively for the acquisition of lands, in
    Hunterdon County, for public recreation, conservation or general open space purposes.
    Program funds approved to assist nonprofit organizations may not exceed twenty (20%)
    percent of an eligible project’s Cost of Acquisition – subject to available, budgeted funds.

The Hunterdon County Board of Chosen Freeholders shall determine, on an annual basis, the
funding to be allocated to each of the two programs. Each program shall receive no more than
ten (10%) percent of the annual levy authorized and collected for the Hunterdon County Open
Space Trust Fund during the first 5-year County (ballot) Question, including funds collected up
to and ending December 31, 2004. Beginning with funds collected during the second 5-year
County (ballot) Question commencing January 1, 2005 and expiring December 31, 2009, each
of the two programs shall receive up to but not more than fifteen (15%) percent of the annual
levy. Finally, the Hunterdon County Open Space, Farmland and Historic Preservation Trust
Fund Plan recommended the establishment of an Open Space Advisory Committee to oversee
these two programs.




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(Section I. continued)

2. Introduction to Manual
A. Purpose and Objectives
   I. To assist the municipalities of Hunterdon County in the preparation of planning
   documents related to open space preservation, and the acquisition of lands for public
   recreation, conservation, general open space, and farmland preservation purposes.
   Municipalities may also utilize Open Space Trust Funds to a) retire new debt service or
   indebtedness incurred in connection with eligible land acquisitions and b) restore and
   renovate municipal owned historic structures as well as County-owned historic structures,
   etc. – the latter with the consent of the County of Hunterdon.
   II. To assist nonprofit organizations in the preservation of additional lands for public
   recreation, conservation and general open space purposes that advance Hunterdon County’s
   open space preservation goals.
   III. To establish policies and procedures by which the Hunterdon County Open Space
   Advisory Committee will review, evaluate and recommend projects for Open Space Trust
   Fund approval by the Freeholder Board.
   IV. To establish requirements by which Hunterdon County will ensure a) lands that are
   acquired with and utilizing Open Space Trust Funds will remain in either recreation;
   conservation; general open space or agricultural use purposes, b) municipal owned historic
   facilities that are restored and renovated with Open Space Trust Funds will remain in public
   control, and c) that Hunterdon County’s financial interest in preserved lands and historic
   facilities will be adequately protected.
B. Scope of Manual
   This Manual has been developed to guide the County Open Space Advisory
   Committee by prescribing:
   I. The mandates, policies and functions of the Hunterdon County Open Space Advisory
   Committee (“OSAC”).
   II. The role and responsibilities of OSAC staff.
   III. The relationship between the OSAC and the Board of Chosen Freeholders, as well as
   other County boards or commissions.
   IV. The procedures governing application review, evaluation and selection of municipal
   and nonprofit organization applications for Hunterdon County Open Space Trust Fund
   approval.
C. Review, Approval and Future Changes to Manual
   The Hunterdon County Open Space Advisory Committee shall review this Manual not less
   than once a year, seeking input from the Hunterdon County Board of Chosen Freeholders;
   County Planning Board; County Agriculture Development Board; Cultural and Heritage
   Commission; Department of Parks and Recreation; municipalities of Hunterdon County;
   nonprofit organizations with primary land preservation interest in Hunterdon County, and
   public stakeholders. Any amendments to this Manual shall be subject to Freeholder Board
   approval.
D. Construction
   This Policy and Procedures Manual shall be construed liberally to effectuate the purposes
   and objectives of the Municipal Grants Program and Nonprofit Grants Program. Unless
   otherwise specified, questions, comments and all submissions required by this Manual shall
   be directed to:       Hunterdon County Open Space Advisory Committee
                         C/O County Planning Board
                         Rt. 12 County Complex, Bldg. #1, P.O. Box 2900
                         Flemington, New Jersey 08822-2900
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(Section I.2.D. continued)

   All correspondence, etc. should be addressed to the Attention of the Program
   Administrator, County Open Space Trust Fund. (Tele. #908.788.1490)
E. Severability
   If any court of competent jurisdiction declares any provision of this Manual ineffective or
   invalid, that provision shall be severed and all remaining provisions shall continue in full
   force and effect.

3. Open Space Advisory Committee
A. Purpose and Mandate
   The OSAC is charged with implementing the Municipal and Nonprofit Grants Programs
   consistent with the objectives of this Manual and goals of the Hunterdon County Open
   Space, Farmland and Historic Preservation Trust Fund Plan.
B. Membership
   The OSAC shall consist of seven (7) voting members; two (2) alternates members; one ex-
   officio member representing the Department of Parks and Recreation and one ex-officio
   Freeholder Board representative – as Liaison.
   I. The seven voting members shall comprise:
             one representative from the Hunterdon County Agriculture Development Board
             (“CADB”), appointed by the Freeholder Board, to serve three-year terms
             one representative from the Hunterdon County Planning Board, appointed by the
             Freeholder Board, to serve three-year terms
             one representative from the Hunterdon County Parks and Recreation Advisory
             Board, appointed by the Freeholder Board, to serve three-year terms
             four members of the public, appointed by the Freeholder Board, to serve three-
             year terms, except that the initial appointments may be made so that one member
             serves a one-year term; two members serve two-year terms; and one member
             serves a three-year term.
                Two members of the public shall be appointed from each of two geographic
                 regions identified in Section V: Exhibit A.
   II. The two alternates shall be members of the public, appointed by the Freeholder Board,
   to initially serve one-year and two-year terms, and thereafter three-year terms.
        a) Each alternate member of the public shall be appointed from a municipality not
           currently represented by a serving OSAC member
   III. The following are not permitted to serve as public members on the OSAC:
            elected municipal officials
            municipal planning board/board of adjustment members or staff employees
            municipal open space committee members charged with reviewing and selecting
            lands for preservation that utilize open space tax levies
            municipal agricultural advisory committee members or CADB liaisons
            officers, trustees or employees of any nonprofit organization with primary land
            preservation duties and land interests in Hunterdon County
            members of the Hunterdon County Planning Board, Hunterdon County Agriculture
            Development Board or staff employees of the Hunterdon County Department of
            Parks and Recreation, except as noted in 3.B.I. above.
                No two OSAC members shall be from the same municipality nor shall
                consecutive appointments be made of individuals residing in the same
                municipality, until all municipalities in Hunterdon County have had OSAC
                representation-opportunity.

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(Section I.3. continued)

C. Meeting Schedule
   I. Meetings. The OSAC shall conduct periodic meetings on dates to be determined by the
   OSAC at the beginning of each calendar year.
        a) Meeting dates may be publicly noticed.
        b) Closed sessions are permitted in compliance with N.J.S.A. 10:4-12.
   II. Special Meetings. The OSAC may hold special meetings at any time.
D. Responsibilities of the Open Space Advisory Committee
   I. To develop policies and procedures governing the Hunterdon County Open Space Trust
   Fund - Municipal and Nonprofit Grants Programs and forward to the Freeholder Board
   for approval.
   II. To review the Policies and Procedures Manual not less than once a year and submit any
   recommended changes to the Freeholder Board for its approval.
   III. To review, evaluate and make recommendations to the Freeholder Board regarding the
   selection of Municipal and Nonprofit Grants Program applications for Open Space Trust
   Fund approval.
        a) All project recommendations by the OSAC are subject to Freeholder Board
           authorization and approval.
   IV. To participate in the preparation of an annual summary-report to the Freeholder Board
   regarding the Municipal Grants Program and Nonprofit Grants Program.
   V. To keep municipalities, nonprofit organizations, county agencies, and public
   stakeholders apprised of program progress, issues, needs and seek general public input as
   appropriate.
E. Staff
   The Program Administrator, County Open Space Trust Fund shall serve as staff to the
   OSAC. Staff responsibilities shall include the following:
        prepare all administrative documents including applications forms, Policy Manual
        language, informational brochures and related material, and reports, etc. for review and
        approval, as needed, to the OSAC and any sub-committees thereof
        process Municipal and Nonprofit Grants Program applications and present completed
        applications to the OSAC for review
        attend all OSAC meetings and meetings of any subcommittees thereof
        prepare minutes of all OSAC meetings and meetings of any subcommittees thereof
        prepare all needed correspondence to OSAC members, other county departments, the
        Freeholder Board, municipalities, and nonprofit organizations
        respond to questions, provide assistance and guidance to public stakeholders,
        municipalities and nonprofit organizations regarding open space preservation issues
        maintain an inventory of all open space lands preserved in Hunterdon County, as well
        as areas of preservation interest identified by public and private entities engaged in land
        preservation in the County
           assist the Freeholder Board Clerk in the maintenance of a central registry of all real
           property for which Hunterdon County has acquired title or a leasehold interest for
           other than street or highway purposes, in conformance with N.J.S.A. 40A:12-22
        coordinate an annual meeting with the County Administrator, County Treasurer and one
        representative from each of the following:
            Hunterdon County Planning Board
            Hunterdon County Department of Parks and Recreation
            Hunterdon County Agriculture Development Board


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(Section I.3. E. continued)

             Hunterdon County Cultural and Heritage Commission
             Hunterdon County Department of Roads, Bridges and Engineering;
         for the purpose of preparing an annual summary-report to the Freeholder Board
         encompassing accomplishments, issues and anticipated needs governing County Parks,
         the Municipal and Nonprofit Organization Grants Programs,
         Farmland Preservation and Historic Preservation
       prepare an annual summary-report for presentation to the Freeholder Board
       perform all other tasks related to the Municipal Grants Program and Nonprofit Grants
       Program, at the direction of the OSAC.
F. Coordination with Freeholder Board and other County boards or
   commissions
   I. The Hunterdon County Open Space Advisory Committee shall seek Freeholder Board
   action and/or approval for the following:
       appointment of all public members to the OSAC
       approval of the Policy and Procedures Manual and any amendments thereto
       approval of OSAC annual capital budget requests governing Open Space Trust Funds
       approval of all Municipal and Nonprofit Grants Program funding awards.
   II. The OSAC may consult the following Hunterdon County boards or commissions
   regarding project applications for the acquisition of lands for recreation, conservation and
   general open space, farmland preservation purposes or renovation of county-owned historic
   facilities:
       County Agriculture Development Board
       County Parks and Recreation Advisory Board
       County Planning Board.
       Cultural and Heritage Commission or County Historian




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SECTION II: MUNICIPAL GRANTS PROGRAM

1. Program Considerations
A. General Provisions
   I. The Hunterdon County Board of Chosen Freeholders shall determine funding
   allocations for the Municipal Grants Program on an annual basis.
       a) Program funds shall not exceed ten (10%) percent of the annual levy authorized and
           collected during the first 5-year County (ballot) Question, including funds collected
           up to ending December 31, 2004.
       b) Program funds shall not exceed fifteen (15%) percent of the annual levy authorized
           and collected during the second 5-year County (ballot) Question, beginning with
           funds collected January 1, 2005 and expiring December 31, 2009.
   II. The Freeholder Board may re-allocate any funding which is not expended, appropriated
   or otherwise reserved by a municipality for future use during any given annual budget
   cycle; said funding may be carried over into the following year’s budget for the Municipal
   Grants Program or used for any other purpose(s) by the County of Hunterdon in accordance
   with the Hunterdon County Open Space, Farmland and Historic Preservation Trust Fund
   Plan.
   III. In order to qualify to receive monies from the Open Space Trust Fund, the municipality
   shall:
       a) agree to use the monies only in connection with lands located in the county and for
           recreation, conservation, general open space or farmland preservation purposes, or
          historic preservation of municipal owned structures;
       b) agree to make and keep the lands accessible to the public, unless the OSAC and
           Freeholder Board determine that public accessibility would be detrimental to the
           lands or to any natural or historic features associated therewith – subject to
           applicable state laws and program regulations; and
       c) agree not to sell, lease, exchange, transfer, or donate the lands for which Open Space
           Trust Funds were used, except upon approval of the Freeholder Board under such
           conditions that the OSAC and Freeholder Board may establish.
           i. the County’s real property interest, represented by its financial contribution,
           shall be protected and made part of an agreement, deed instrument or other right
           between the municipality and County of Hunterdon – as approved by Freeholder
           Board under such conditions that the OSAC and Freeholder Board may establish.
   IV. Joint applications may be submitted by two or more municipalities for eligible land
   acquisitions in mutual Areas of Preservation Interest or with a nonprofit organization’s
   application – all of who may be eligible to receive their respective amount and percentage
   of Open Space Trust Funds subject to available, budgeted funds. Municipalities may also
   use their approved Open Space Trust Funds in partnership with the County of Hunterdon
   and/or with the State of New Jersey to jointly acquire and preserve lands for
   recreation, conservation and general open space purposes or farmland preservation
   purposes, or with the Hunterdon County Cultural and Heritage Commission to restore or
   renovate County-owned historic facilities.




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(Section II.1. continued)

B. Project Application Categories
   I. Land preservation projects for the acquisition of fee simple or lesser interests in real
   property for open space preservation, including projects for public recreation and
   conservation, general open space and/or farmland preservation purposes.
   II. Payment toward new debt service or indebtedness incurred for the acquisition of
   lands described immediately above.
        a) Only municipal debt service or indebtedness incurred after June 13, 2000 (the
           adoption date of the Hunterdon County Open Space, Farmland and Historic
           Preservation Trust Fund Plan) and within the preceding year of its application
           request and submission date is eligible and will be considered by the OSAC.
   III. Plan elements associated with a municipal Master Plan such as a Conservation Plan;
   Recreation Plan; Farmland Preservation Plan, and/or Historic Preservation Plan provided
   the Plan results in the acquisition of eligible lands or the historic facility’s protection.
    Municipalities are encouraged to prepare their respective Plan to additionally address the
    program requirements associated with the New Jersey Green Acres Program or State
    Agriculture Development Committee (“SADC”) or New Jersey Historic Trust, as
    applicable.
   IV. Municipal owned historic facilities, including but not limited to properties, sites,
   structures, areas or objects associated therewith.
       a) Project applications may be subject to the review and recommendation of the
           Hunterdon County Cultural and Heritage Commission or County Historian prior to
           any OSAC decision.
           i. the municipality should arrange a prior inspection of the facility or structure,
           etc. with the County Cultural and Heritage Commission or County Historian and/or
           with the State Historic Preservation Office, and request applicable letters of
           recommendation or consistency determinations prior to submitting an application
           for Open Space Trust Funds.
   V. Contributions for County-owned historic facilities, including but not limited to
       historic buildings, bridges, areas, structures and objects.
       a) Project applications shall be subject to the review and recommendation of the
          Hunterdon County Cultural and Heritage Commission or County Historian, prior to
          any OSAC decision.
           i. for project applications involving historic transportation facilities, the
           Hunterdon County Department of Roads, Bridges and Engineering shall be
           additionally consulted. (See Endnote)
C. Ineligible Projects
   I. Ineligible land acquisition projects include the following:
       a) acquisition of any site that will remain predominately covered by buildings,
          structures or impervious surfaces, except those necessary, appropriate and suitable
          for public indoor recreation use; buildings and structures of historic
          significance (as further documented by the municipality) and/or farmland
          preservation projects utilizing funds from the Agriculture Retention and
          Development Act of 1983 (N.J.S.A. 4:1C-11 et seq.);
       b) acquisition of any site or portion thereof that is or is intended to be used as a public
           road right-of-way;



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(Section II.1.C.I. continued)

        c) any site that is intended for recreation and conservation uses or general open space
           that will not permit public access, unless the OSAC and Freeholder Board agree
           that public access would be detrimental to the land or any natural resources
           associated thereon – subject to applicable state laws and regulations;
       d) acquisition of any site that is designated for use in compliance with the Fair
           Housing Act (N.J.S.A. 52:270-301) and/or substantively certified by the State
           Council on Affordable Housing;
       e) acquisition of any site of a former landfill or site that is or may become
           contaminated due to industrial, commercial or other land uses that would affect the
           public health or safety, unless all applicable federal and state laws, rules and
           regulations have been satisfied;
            i. the OSAC and Freeholder Board reserve the right to require a Preliminary
            Assessment and/or Letters of Non-applicability or No Further Action by state
            agencies, as warranted, in consideration of application review or as a condition of
            Open Space Trust Fund approval;
        f) development of structures, facilities or real property improvements – of any kind.
   II. Ineligible Plan projects include the following:
        a) elements or sub-elements of a municipal Master Plan that are not directly related to
            the recreation, conservation, farmland preservation or Historic Preservation goals
            and objectives of the Hunterdon County Open Space, Farmland and Historic
            Preservation Trust Fund Plan and this Manual;
        b) elements of a municipal Master Plan that have been previously and officially
            adopted by the municipal Governing Body.
   III. Ineligible County or Municipal owned historic preservation projects include the
        following:
        a) non-historic elements of any County owned or municipal owned historic
           facility, structure, area, site, etc.;
        b) restoration projects that are not consistent with the U.S. Secretary of Interior’s
           Standards for Historic Preservation Projects and Guidelines of Applying the
           Standards;
        c) municipal project applications that are not endorsed by either 1) the local historic
           preservation advisory committee/commission or Historian 2) the municipal
           Governing Body or 3) the County Cultural and Heritage Commission or County
           Historian.
        d) county owned facility/structure applications that are not endorsed or authorized by
            either 1) the County Cultural and Heritage Commission or County Historian 2) the
            County Department of Road, Bridges and Engineering or 3) the Board of Chosen
            Freeholders.
D. Project Costs
   I. Allowable land acquisition costs include:
            expenditures for the purchase of a fee simple or lesser interest in real property such
            as a perpetual easement or permanent deed restriction associated with eligible land
            expenditures for appraisals; title searches and title insurance; preliminary (site)
            assessment reports; engineering maps and/or land survey plans incurred in
            connection with the acquisition of eligible land
            expenditures for legal fees directly related to the acquisition of eligible land


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    (Section II.1.D. I. continued)

                expenditures to hire a grant-writer to seek additional funding for the project
                application (limited to the time strictly devoted to the subject project), provided the
                funding sought is actually obtained for the project through the grant-writer’s effort.
       II. Disallowable land acquisition costs include:
                expenditures associated with submitting a Municipal Grants Program application
                real property taxes
                salaries and/or wages of employees of the municipality, except those retained
                under a Professional Services Contract and for time specifically charged to the
                project in the subject application
                charges for deficits, overdrafts and contingency reserves
                expenditures for building demolition.
       III. Allowable Plan costs associated with the preparation of an eligible element or sub-
            element of the Master Plan, including, without limitation, an “Open Space and
            Recreation Plan” or a “Historic Site Management Grant” approved by the New Jersey
            Green Acres Program or New Jersey Historic Trust shall include:
                all administrative and operating costs directly related to the eligible Plan, including
                but not limited to printing and materials, salaries and/or wages of contracted
                employees and consulting fees, photocopying, binding, map purchase, map
                reproduction, etc. •
       IV. Disallowable Plan project costs associated with the preparation of an eligible element
            or sub-element of the municipal Master Plan include:
                charges for time spent by volunteers
                capital expenses
                contract cost overruns
                expenditures for any eligible element of the Master Plan, which has been
                previously and officially adopted by the municipal Governing Body, except for
                costs incurred for updates and/or revisions to an eligible element or re-examination
                of the municipal Master Plan.
        V. Allowable County and municipal historic preservation costs include:
                restoration undertakings only authorized by the local Governing Body, or - in the
                case of County owned facilities - by the Hunterdon County Cultural and Heritage
                Commission; County Historian; Department of Roads, Bridges and Engineering and
                Board of Chosen Freeholders, and the State Historic Preservation Officer - as
                applicable and warranted.
                material, supplies and equipment directly related to the historic restoration activity
                and undertaking
                maintenance, upkeep or repair, including labor provided qualified contracted
                laborers and employees incur the costs - subject to any prior approval or conditions
                by the County of Hunterdon in the case of County owned facilities or State Historic
                Preservation Officer – as applicable and warranted.
       VI. Disallowable County and municipal historic preservation costs include:
                restoration undertakings not authorized by the local Governing Body, or – in the
                case of County owned structures, facilities, etc. - by the Hunterdon County Cultural
                and Heritage Commission or County Historian; Department of Roads, Bridges and
•
 The costs associated with the preparation of a Plan must result in the acquisition of eligible land or foster the
preservation of the historic property including but not limited to appropriate site management practices that
sustain the long-term protection and use of the property
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(Section II.1.D.VI. continued)

             Engineering; the Board of Chosen Freeholders, and the State Historic Preservation
             Officer – the latter as applicable and/or warranted.
             consulting fees, including historic resource surveys or the preparation of a
             preservation plan, unless approved by the Hunterdon County Cultural and Heritage
             Commission or County Historian in order to evaluate the eligibility of the structure;
             building; property; facility site; area or object, which has not been inventoried or
             identified for listing in the New Jersey or National Register of Historic Places.

2. Application Cycles, Procedures and Requirements
A. The Open Space Advisory Committee shall send a copy of the adopted Procedures Manual
    and copy of a Municipal Grants Program application to every Municipal Clerk in
    Hunterdon County. Not later than May 1st of each year thereafter, the Open Space
    Advisory Committee shall send each Municipal Clerk a copy of a Municipal Grants
    Program application form and any changes to the Policies and Procedures Manual – as
    applicable.
B. Municipal Grants Program applications may be submitted at any time throughout the year.
   Open Space Trust Fund awards shall be announced no later than six months following the
   receipt of a complete application.
C. Application Submission Requirements
    I. Land acquisition projects must be accompanied by a completed application form and
       submitted with the following:
       a) an updated Open Space Inventory that identifies all Preserved Lands located in the
           municipality;
       b) current deed of record including a property description with restrictions,
           encumbrances and utility easements of record (if any), and survey map (if available);
       c) current owner’s name and address;
       d) site location and explanation of any known or suspected environmental “areas of
           concern”;
            i. the OSAC and Freeholder Board reserve the right to require a Preliminary
            Assessment report and/or Letters of Non-applicability or No Further Action by state
            agencies, as warranted, in consideration of application review or as a condition of
            Open Space Trust Fund approval;
       e) copy of the Accepted Appraisal report, summary review or certification of value, if
            applicable, by the New Jersey Green Acres Program or the SADC;
       f) enabling municipal Governing Body resolution authorizing the submission of a
           qualifying project application to the OSAC.
            Applications for land acquisition governing the Farmland Preservation Program,
            pursuant to the Agriculture Retention and Development Act of 1983
            (N.J.S.A.4:1C-11 et seq.), need only submit a Governing Body Resolution, an
            updated OSI and a completed Program Application form referencing the specific
            application(s) submitted to the County Agriculture Development Board (CADB) or
            the SADC.
    II. Plan projects must be accompanied by a completed application form and submitted
    with the following:
        a) an updated Open Space Inventory that identifies all Preserved Lands located in the
           municipality;


C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                         11
(Section II.2.C.II. continued)

         b) a narrative description of the proposed Plan element including a needs statement,
            who will be completing the Plan, projected time frame for completion and total
            estimated cost;
            i. a draft Plan or completed copy of a Plan may be submitted provided the
            municipal Governing Body has not officially adopted it. Once approved for Open
            Space Trust Funds, however, the eligible Plan element of a Master Plan must be
            officially adopted;
         c) itemized plan costs, including specifying the costs for which Open Space Trust
             Funds will be utilized;
         d) enabling resolution by the municipal Governing Body authorizing the submission of
             a qualifying Plan application to the OSAC.
    III. Municipal and County-owned historic preservation projects must be accompanied
    by a completed application form and submitted with the following:
         a) an updated Open Space Inventory that identifies all Preserved Lands located in the
            municipality;
         b) a narrative description of the proposed restoration activity and undertaking,
             including a needs statement;
         c) letters of support and/or consistency determinations from the local historic
             preservation commission/committee or Historian; Hunterdon County Cultural and
             Heritage Commission or County Historian, and State Historic Preservation Officer
             – as applicable and warranted;
             i. award letters for projects approved by the NJ Historic Trust can also be
             submitted in lieu of letters of support;
         d) itemized restoration costs, including specifying the costs for which Open Space
             Trust Funds will be utilized;
         e) enabling resolution by the municipal Governing Body authorizing the submission of
            a qualifying project application to the OSAC.
 D. Reservation of Open Space Trust Funds
    I. Requests to reserve or bank Program funds by Hunterdon County must be
    accompanied by an official resolution-request of the municipal Governing Body.
         a) The resolution must include a statement indicating the future intent and purpose of
            Open Space Trust Funds and anticipated timeframe for utilizing Program funds.
             i. the municipality must renew its reservation request annually.
       b) An updated Open Space Inventory that identifies all Preserved Lands located in the
            municipality must be submitted.
 E. Rendering of Decisions. The OSAC shall make all application decisions, and prepare a
    written recommendation to the Board of Chosen Freeholders for award approval of all
    Open Space Trust Funds. The OSAC shall submit its recommendations to the Freeholder
    Board for approval consideration at its next regularly scheduled meeting.
    I. OSAC project recommendations shall be sent to the municipal clerk following the
    Freeholder Board’s approval.
    II. Once the Freeholder Board has made its final approval to award Open Space Trust
    Funds, the municipality shall have one (1) year to complete all project submission
    requirements and expend its Open Space Trust Funds.
 F. Re-allocation of unused funding by Freeholder Board. If Open Space Trust
    Funds are not used within one (1) year from final approval, the Freeholder Board may re-
    allocate the approved funding for any other purpose(s) in accordance with the Hunterdon
 C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                     12
(Section II.2.F. continued)

    County Open Space, Farmland and Historic Preservation Trust Fund Plan, after notifying
    the municipality of its intentions.
    I. If funding is not used within one (1) year from approval announcement yet the
    municipality has proceeded in good faith or encountered unforeseen difficulties in the
    completion of the project, the municipality may request a six-month project extension.
        a) Extensions are subject to OSAC approval recommendation.
        b) Requests for project extensions must be submitted to the OSAC no less than 90
            days before the project expiration date.
    II. Notwithstanding 2.E.II. immediately above, municipalities may submit a Governing
    Body resolution to the OSAC with a request that its annual, allotted Open Space Trust
    Funds be reserved or banked by Hunterdon County for a period not to exceed the
    expiration of the Hunterdon County Open Space, Recreation, Farmland and Historic
    Preservation Trust Fund, or until such time that the municipality believes a project
    application for Open Space Trust Funds will be initiated and completed, whichever is less.
        a) Requests to reserve Open Space Trust Funds must be renewed annually.

3. Municipal Agreements
A. Following Freeholder Board announcement of Open Space Trust Fund approval, the OSAC
   shall transmit an agreement, deed instrument or other right between the County of
   Hunterdon and the municipality. The municipality shall ensure that the agreement, deed
   instrument or other right is signed and/or executed by the Chief Executive Officer or
   equivalent within 60 days of receipt. Project agreements may be combined and/or
    consolidated for approved joint projects sponsored by more than one eligible applicant, or
    for two or more approved projects by one (municipal) applicant.
    I. Land acquisition project agreements may contain and include:
          an identification of the land(s) including any structure(s) to be acquired
          amount of the grant award
          total estimated cost of the project(s)
          general provisions, assurances and conditions
          a requirement that the deed instrument for each parcel of land being acquired with
          Open Space Trust Funds contain a clause protecting the County of Hunterdon’s real
          property interest, represented by its contributory funding
          a requirement that the municipality shall cause the execution of a deed restriction or
          other instrument encumbering any land that has utilized Open Space Trust Funds,
          including, without limitation, cost of appraisals, land survey plan, and other allowable
          costs contained in Section II.1.D.I.a)., excepting municipal farmland preservation
          projects that are deed restricted pursuant to the Agriculture Retention and
          Development Act of 1983 (N.J.S.A. 4:1C-11 et seq.)
             Lands acquired by a municipality pursuant to N.J.S.A. 40:12-15.6 shall be
             held in trust and shall be used exclusively for the purposes authorized by this
             act, including without limitation the Hunterdon County Open Space, Farmland
             and Historic Preservation Trust Fund Plan; the Policies and Procedures Manual
             for the Municipal Grants Program and the approved Municipal Grants Program
             Application.
    II. Plan project agreements may contain and include:
          an identification of the Plan’s title
          amount of the grant award
          total estimated cost of the project
C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                         13
(Section II 3.A.II continued)

          general provisions, assurances and conditions
          a requirement that the eligible and approved element of the municipal Master Plan
          must be officially adopted by the municipal Governing Body.
   III. Municipal and County owned historic preservation project agreements may contain
        and include:
          an identification of the historic facility
          amount of the grant award
          total estimated cost of the restoration/rehabilitation project
          general provisions, assurances and conditions.
          historic preservation covenants, restrictions or easements – in the case of municipal
          facilities

4. Grant Payment Policies and Conditions
A. Municipal grant funds will be released after approval by the Board of Chosen Freeholders
   and upon receipt of the approved project’s itemized costs submitted by the municipality’s
   Chief Financial Officer or equivalent.
  I. Approved land acquisition projects.
      a) After real estate closing, the following must be submitted for payment authorization:
         i. recorded deed, or deed restriction, easement, or other instrument;
          ii. copy of the Accepted Appraisal report, summary review or certification of value,
          if applicable, by an appropriate state funding agency, which verifies the land
          purchase price and the requested amount of Open Space Trust Funds;
          iii. copy of a Preliminary Assessment report and/or summary review prepared by an
         appropriate state or federal agency (if any). The OSAC and Freeholder Board
           reserve the right to require Letters of Non-applicability or No Further
           Action by state agencies – as appropriate and warranted;
            iv. a land survey plan prepared in accordance with the rules of the State Board of
            Professional Engineers and land Surveyors (N.J.A.C. 13:40-5), showing acreage;
            tax map references current as of the date of the plan; all easements of record; fences;
            improvements; encroachments; watercourses; wetlands, and pertinent natural
            features, submitted on paper and in a format compatible with the Mapping and
            Digital Data Standards (e.g. NJ Plane Coordinate System NAD 1983). Land
            survey plans prepared for and accepted by the New Jersey Green Acres
            Program, SADC or CADB may be submitted;
            v. metes and bounds description – stating the acreage and corresponding to the
            required land survey plan – submitted on the surveyor’s letterhead, and signed and
            sealed by the surveyor;
            vi. a copy of the title insurance policy, with copies of the deed of record and all
            easements, restrictions, and other instruments of record as attachments
            vii. a copy of the cancelled check for the land purchase cost associated with the
            approved project application;
            viii. a copy of each cancelled check, purchase order, payment voucher or paid
            invoice for appraisal, land survey plan, and any other allowable costs incurred
            solely by the municipality.
         b) In advance of real estate closing, the following must be submitted for payment:
            i. fully signed purchase agreement indicating the amount, date and time of
            closing, including the value of any gift or donation;


C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                          14
(Section II. 4.A.I.b continued)

             ii. copy of the proposed deed, conservation restriction, easement, or other
             instrument or right;
             iii. title insurance commitment (binder), with copies of the deed of record and all
            easements, restrictions, and other record documents as attachments;
             iv. copy of the Accepted Appraisal report, summary review or certification of
             value, if applicable, by the appropriate state funding agency;
             v. land survey plan and metes and bounds description;
             vi. a statement indicating that all remaining documentation will be submitted, no
             later than ninety (90) days after closing, including:
                 recorded deed, deed restriction or easement
                 copy of the preliminary assessment report
                 title insurance policy
                 a copy of each cancelled check for the cost of land acquisition; purchase order,
                 payment voucher or paid invoice for appraisal, preliminary assessment, survey,
                 and other allowable costs in connection with the approved project.
   II. Approved Plan projects. The following must be submitted for payment:
        a) copy of the final Plan as supported by a resolution indicating its adoption, by the
           Governing Body, as part of the municipal Master Plan;
        b) copies of all cancelled checks, purchase orders, payment vouchers, requisitions
            and/or paid invoices in connection with the approved project and allowable costs.
    III. Approved Municipal and County historic preservation projects. The following
    must be submitted for payment:
         a) copies of all cancelled checks, purchase orders, payment vouchers, requisition
             and/or paid invoices incurred by the municipality in connection with the authorized
             project and allowable costs;
         b) for project costs that are incurred for and affect County owned historic facilities
             but are cost-shared with a municipality utilizing Open Space Trust Funds, the
             municipality shall receive a Purchase Order – upon completion of the restoration
             activity and undertaking – in the amount of its approved Program funds for
             payment signature.
             i. the municipality will be required to remunerate that amount and remit a
             municipal check payable to the County Treasurer within forty-five (45) days of
             payment receipt.
    IV. Reimbursement Policies.
         a) Land acquisition projects. Requests for retroactive reimbursement of eligible costs
             must be applied for and submitted within one (1) year of the closing date and shall
             only apply to lands acquired after June 13, 2000 (the adoption date of the
             Hunterdon County Open Space, Farmland and Historic Preservation Trust Fund
             Plan).
         b) Plan Projects. Requests for retroactive reimbursement of eligible elements of a
             municipal Master Plan may be submitted, provided the municipal Governing Body
             has not yet officially adopted it, and the Plan costs were incurred after June 13,
             2000.
             i. the OSAC, in consultation with either the County Planning Board; County
            Agriculture Development Board or County Cultural and Heritage Commission,
            reserve the right of Plan review and acceptance – as a condition of Open Space
            Trust Fund payment.


C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                        15
(Section II.4.A.IV. continued)

       c) Municipal and County-owned historic projects. Requests for retroactive
           reimbursements are not allowable.
       d) Municipal Debt Service or indebtedness incurred. Requests for payment of
           municipal debt service or indebtedness shall only apply to costs incurred after June
           13, 2000 and within the preceding year of its application request and submission
           date.
           i. The municipality must verify its debt through the submission requirements as
           indicated in Section II.2.C.I. above
B. All costs incurred in connection with the approved project are subject to inspection,
   verification and generally accepted auditing principals.
   I. The grant recipient shall comply with all applicable Federal and State auditing
   requirements in accordance with Federal OMB Circular A-133 and State OMB
   Circular 98-07.




                    [the rest of this page intentionally left blank]




C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                      16
SECTION III: NONPROFIT GRANTS PROGRAM

1. Program Considerations
A. General Provisions
   I. In order to apply for and receive Open Space Trust Funds, the Board of Directors,
   Board of Trustees, or other corporation body (as appropriate) of an applying nonprofit
   organization shall:
        a) demonstrate to the OSAC and Hunterdon County Board of Chosen Freeholders that
            it qualifies as a Charitable Conservancy;
        b) agree to use Open Space Trust Funds only to acquire lands that are located in
            Hunterdon County for public recreation, conservation and/or general open space
            purposes;
        c) agree to execute and donate to Hunterdon County, at no charge, a deed restriction or
           other instrument, which shall be consistent with N.J.S.A. 13:8B-1 et seq., or other
            right that is approved by the OSAC and Freeholder Board, as necessary and
            appropriate for land(s) acquired with Open Space Trust Funds;
        d) agree to make land(s) acquired with Open Space Trust Funds accessible to the
            public, unless the OSAC and Freeholder Board determine that public access would
            be detrimental to the lands or waters; any improvements thereon, or to any
            natural resources associated therewith – subject to applicable state laws, rules and
            regulations; and
         e) agree not to sell, lease, exchange, or donate lands acquired using Open Space Trust
            Funds, except upon approval of the Freeholder Board and under such conditions as
            the OSAC and Freeholder Board may establish.
   II. The Hunterdon County Board of Chosen Freeholders shall determine funding
   allocations for the Nonprofit Grants Program on an annual basis. Program funds shall not
   exceed ten (10%) percent of the total annual levy collected for the Hunterdon County Open
   Space, Farmland and Historic Preservation Trust Fund during the first 5-year County
   (ballot) Question, including funds collected up to and ending December 31, 2004.
   Beginning with funds collected during the second 5-year County (ballot) Question
   commencing January 1, 2005 and expiring December 31, 2009, Program funds shall not
   exceed fifteen (15%) percent of the total annual levy.
   III. The Freeholder Board may re-allocate any Program funds that are not expended or
   otherwise appropriated during any given annual budget cycle; said funding may be carried
   over into the following year’s budget for the Nonprofit Grants Program, or used for any
   other purpose(s) by the County of Hunterdon in accordance with the Hunterdon County
   Open Space, Farmland and Historic Preservation Trust Fund Plan.
   IV. The County shall retain the right but not the obligation to enforce a Conservation
   Restriction or perpetual easement on any land(s) acquired by the nonprofit organization
   with Open Space Trust Funds; said provisions shall be stipulated in an agreement, deed
   instrument, or other right between the nonprofit organization and County of Hunterdon –
   approved by the OSAC and the Freeholder Board.
         a) The County’s real property interest, represented by its contributory funding, shall be
            protected in the event of the nonprofit organization’s future liquidation or in the
            event the acquired land(s) is condemned by another government entity.




C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                        17
(Section III.1.A. continued)

    V. Joint applications may be submitted by two or more nonprofit organizations for eligible
    land acquisitions in mutual Areas of Preservation Interest or with a municipality’s
    application – each of who may be eligible to receive their respective amount and
    percentage of Open Space Trust Funds – subject to available, budgeted funds. A nonprofit
    organization may also use its approved Open Space Trust Funds in partnership
    with a municipality; the County of Hunterdon and/or the State of New Jersey to jointly
    acquire park, recreation and conservation lands.
B. Eligible Projects
   I. The acquisition of land or water areas in fee simple or lesser interests for public
   Recreation and Conservation Purposes.
       a) Acquisition of Farmland Conservation Areas may be considered by the OSAC,
          provided the project application subject to Open Space Trust Fund review approval
          is not associated with an application to the CADB or SADC pursuant to the
         Agriculture Retention and Development Act of 1983 (N.J.S.A. 4:1C-11 et seq.).
          i. Farmland Conservation Areas must provide public access for either passive
          recreation uses or conservation purposes. •
C. Ineligible Projects
   I. Ineligible land acquisition projects include the following:
      a) the acquisition of any land(s) that is under consideration by the SADC or CADB for
         Farmland Preservation Program funding pursuant to N.J.S.A. 4:1C-11 et seq.
          i. if a nonprofit organization proposes to acquire land that is identified in a
          municipal “Planning Incentive Grant” (PIG) application, the nonprofit organization
          must include a recommendation by that municipality in its project application;
      b) any project site that is designated for use in compliance with the Fair Housing Act
         (N.J.S.A. 52:270-301) and/or substantively certified by the State Council on
         Affordable Housing;
      c) any project site that will remain predominately covered by buildings, structures or
         impervious surfaces, except those necessary, appropriate and suitable to support
         public recreation and conservation uses and development or buildings and structures
         of historic significance (as further documented by the applicant and the municipality
         where the building and/or structure is located in);
      d) any site or portion thereof that is or is intended to be used as a public road right-of-
         way;
      e) any site for which public access will not be permitted, unless the OSAC and the
         Freeholder Board agree that public access would be detrimental to the land or any
         natural resources thereon – subject to applicable state laws rules and regulations;
      f) any site that will be subject to a perpetual easement or permanent Conservation
         Restriction not consistent with N.J.S.A.13:8B–1 et seq.;
      g) any site of a former landfill or site that is or may become contaminated due to
         industrial, commercial or other land uses that would affect public health or safety,
         unless all applicable federal and state laws, rules and regulations have been satisfied;




•
 By way of example, an eligible Farmland Conservation Area may include farms or farmland that contain
sensitive natural or historic resources or non-agricultural land or water features, which are not associated with
or subject to Farmland Preservation Program review and qualification by the CADB and/or SADC
C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                                           18
(Section III.1.C.I.g) continued)

           i. the OSAC and Freeholder Board reserve the right to require a Preliminary
           Assessment and/or Letters of Non-applicability or No Further Action by state
           agencies, as warranted, in consideration of application review or as a condition of
           Open Space Trust Fund approval;
      h) development of structures, facilities or real property improvements - of any kind.
D. Project Costs
   I. Allowable land acquisition costs include those incurred to acquire a fee simple real
   property interest or a perpetual easement or permanent Conservation Restriction in eligible
   land.
      a) Open Space Trust Funds may not exceed 20% of the eligible project’s Cost of
          Acquisition – subject to available, budgeted funds.
   II. Disallowable land acquisition costs include:
        expenditures associated with submitting a Nonprofit Grants Program application
        expenditures for appraisals; title searches and title insurance; preliminary assessment
        reports; engineering maps or land survey plans
        legal fees
        building demolition
        costs for administration, operation and contracted services, and salaries or wages of
        employees
        real property taxes.
   III. Cost Sharing.
   The nonprofit organization may use Open Space Trust Funds to leverage monies
   awarded to other nonprofit organizations and municipalities by the OSAC, and with other
   private foundation grants and State funding the acquisition of lands for recreation,
   conservation or general open space purposes.

2. Application Cycles, Procedures and Requirements
A. The Open Space Advisory Committee shall send a copy of the adopted Policies and
   Procedures Manual and a copy of the Nonprofit Grants Program application to all
   interested and qualified nonprofit organizations that have a recent history of land
   preservation in Hunterdon County. Each year thereafter, the OSAC shall forward a copy of
   the Nonprofit Grant application form and any changes to the Policy and Procedures
   Manual, if applicable, to these and other interested and qualified nonprofit organizations
   upon request.
B. Nonprofit Grants Program applications may be submitted at any time throughout the year
   however applications shall be reviewed semi-annually beginning on or about the third week
   of June and December of each year. Open Space Trust Fund decisions shall be announced
   no later than six months following receipt of a complete and eligible application, coinciding
   with the above-mentioned dates.
   I. No more than two project applications may be submitted by an individual nonprofit
   organization in any given funding year.
   II. No nonprofit organization project approved for Open Space Trust Funds shall receive
   more than twenty (20%) percent of the eligible project’s Cost of Acquisition – subject to
   available, budgeted funds.
   III. Pre-application meeting. Nonprofit organizations are encouraged to request a pre-
   application conference with OSAC staff as early as possible, prior to application
   submission, to discuss project eligibility, evaluation criteria and application requirements.

C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                      19
(Section III.2. continued)

C. Submission Requirements
   I. A completed application form must be submitted with the following:
        a) a completed Open Space Inventory that identifies all Preserved Lands in Hunterdon
            County that are Held by the nonprofit organization, including accompanying survey
            maps and/or property descriptions for partial real property interests;
        b) tax map of the subject property and surrounding area or Areas of Preservation
            Interest;
        c) existing deed of record with restrictions, encumbrances and utility easements (if
            any), and existing survey map (if available);
        d) current owner’s name and address;
        e) photographs of the subject property and any associated structures;
        f) site location and explanation of any known or suspected environmental “areas of
            concern”;
             i. the OSAC and Freeholder Board reserve the right to require a Preliminary
             Assessment and/or Letters of Non-applicability or No Further Action by state
             agencies, as warranted, in consideration of application review or as a condition of
             County Open Space Trust Fund approval;
        g) copy of the Accepted Appraisal report, summary review or certification of value, if
            applicable, by the New Jersey Green Acres Program or an appropriate state funding
            agency;
        h) letters of support from the municipality in which the subject property is located;
         i) other letters of support - as applicable;
         j) enabling corporation body resolution authorizing the submission of a qualifying
            project application to the OSAC;
        k) proof of status as a Charitable Conservancy.
D. Project Review and Selection Method
   I. Only completed applications will be reviewed.
   II. Applications will be evaluated based on its consistency with 1) the goals of the
   Hunterdon County Open Space, Farmland and Historic Preservation Trust Fund Plan and/or
   Hunterdon County Park and Recreation Master Plan, 2) the objectives of Municipal “Open
   Space and Recreation Plans” and/or Farmland Preservation Plan Elements, and 3)
   preservation plans prepared by nonprofit organizations, and/or state and regional plans to
   protect and preserve lands for recreation, conservation or general open space purposes.
   III. Applications will be ranked according to a priority-scoring system developed by the
   OSAC in Section V: Exhibit B.
E. Rendering of Decisions
   I. The OSAC shall make all application decisions and prepare a written recommendation
   to the Freeholder Board for award approval of all Open Space Trust Funds.
   II. The OSAC will prepare a memorandum makings its recommendations to the Freeholder
   Board for consideration at its next scheduled meeting.
        a) OSAC project recommendations shall be sent to the nonprofit organization,
             including the ranking-score of the project, following the Freeholder Board’s
             action.
        b) Any eligible application that does not sufficiently rank for selection and
             recommendation by the OSAC for Open Space Trust Funds, in any given
             funding cycle, may be carried over to the following cycle upon written
             request by the nonprofit organization – subject to available, budgeted funds.


C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                      20
(Section III. continued)

3. Nonprofit Agreements
A. Following Freeholder Board announcement of Open Space Trust Fund approval, the
   OSAC shall transmit an agreement to the nonprofit organization.
B. The nonprofit organization shall ensure that the agreement is signed and/or executed by
   the Chief Executive Officer or equivalent within 60 days of receipt. Project grant
     agreements may be combined and/or consolidated for an approved project sponsored by
     more than one eligible applicant, or for two or more projects approved to one (nonprofit
     organization) applicant.
C. Land Acquisition Projects
   I. For land acquisition projects (only), the agreement may contain and include:
       an identification of the land(s) and any structure(s) to be acquired
       amount of the grant award
       total estimated cost of acquisition for the project(s)
       general provisions, assurances and conditions
       a requirement that the deed instrument for each parcel of land being acquired with
       Open Space Trust Funds contain a clause protecting the County’s real property interest,
       represented by its contributory funding
       a requirement that the nonprofit organization shall cause the execution of a deed
       restriction or other instrument or right between the County of Hunterdon and the
       nonprofit organization that encumbers any land that has utilized Open Space Trust
       Funds including, without limitation, land that has been jointly acquired by one or more
       buyers.

4. Grant Payment Policies and Conditions
A. Nonprofit organization grant funds will be released after approval by the Board of Chosen
   Freeholders and upon receipt of the approved project’s itemized costs submitted by the
   Nonprofit Organization’s Chief Financial Officer or equivalent.
B. Payment shall be made in advance of closing and only after the following has been
   submitted:
      a fully signed and complete purchase agreement indicating the amount, date and time
      of closing, including the value of any gift or donation
      existing deed of record
      a copy of the proposed deed, conservation restriction or other instrument, which
       may be subject to further OSAC and Freeholder Board acceptance-approval
      a copy of the Accepted Appraisal report, summary review or certification of value, if
      applicable, by the appropriate state funding agency, which verifies the land purchase
       price and the approved amount of Open Space Trust Funds
      title insurance commitment (binder), with copies of the deed of record and all
       easements, restrictions, and other record documents as attachments
      a copy of the Preliminary Assessment, which indicates no identifiable
      “areas of concern” and/or summary review prepared by the appropriate state or
       federal agency – if any. The OSAC and Freeholder Board reserve the right to
        require Letters of Non-applicability or No Further Action by state agencies –
        as appropriate and warranted.
         A statement indicating that all remaining documentation will be submitted, no later than
         ninety (90) days after closing, including:
              recorded deed, deed restriction or easement – as indicated immediately above

C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                       21
(Section III.4. B. continued)

               a copy of the title insurance policy, with copies of the deed of record and all
               easements, restrictions, and other instruments of record as attachments
               a copy of the cancelled check (both sides) for the land purchase cost associated
               with the approved project application
               a land survey plan, prepared in accordance with the rules of the State Board of
               Professional Engineers and land Surveyors (N.J.A.C. 13:40-5), showing acreage,
               tax map references current as of the date of the plan, all easements of record,
               fences, improvements, encroachments, watercourses, wetlands, and pertinent
               natural features, submitted on paper and in a format compatible with the Mapping
               and Digital Data Standards (e.g. NJ Plane Coordinate System NAD 1983). Land
               survey plans prepared for and accepted by the New Jersey Green Acres Program
               may be submitted.
            metes and bounds description, stating acreage and corresponding to the required
            land survey plan, submitted on the surveyor’s letterhead, and signed and sealed by
            the surveyor
C. Reimbursement Policies
   I. Requests for retroactive reimbursement of eligible land acquisition costs including
   perpetual easements or permanent Conservation Restrictions are not allowable.
D. All costs incurred in connection with the approved project are subject to inspection,
   verification and generally accepted auditing principals.
   I. Grant recipient shall comply with all applicable Federal and State auditing
   requirements in accordance with Federal OMB Circular A-133 and State OMB Circular 98-
   07.




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C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                       22
                                            Endnote
The Hunterdon County Cultural and Heritage Commission and/or County Historian is charged
with identifying and ranking County-owned historic structures, etc. in order of preservation
need. The Commission is responsible for assessing and reporting the physical needs of those
facilities, on a most urgent need basis, to the Board of Chosen Freeholders for its approval)
utilizing a list of historic facilities contained in Table 5 of the Hunterdon County Open Space,
Farmland and Historic Preservation Trust Fund Plan (see Exhibit C). The Cultural and
Heritage Commission is responsible for preparing annual budget requests to the Freeholder
Board to authorize funds allocated to it from the Open Space Trust Fund, which may not
exceed ten (10%) of the total annual levy collected for the restoration, renovation and
rehabilitation of county-owned historic facilities. [This amount may be separately allocated to
the Hunterdon County Cultural and Heritage Commission on behalf of the County of
Hunterdon for its purposes.]

The Hunterdon County Department of Roads, Bridges and Engineering is responsible for
preparing a capital improvement plan (6 year plan) governing county transportation facilities
and structures, including historic bridges. The Department is responsible for preparing a list of
project priorities and an annual budget request to the Freeholder Board to authorize capital
improvement expenditures for all County transportation facilities.

Municipal project applications that propose to cost share with the County of Hunterdon in the
renovation and/or restoration of County owned historic facilities, structures, etc. are subject to
annual prioritization by the County Cultural and Heritage Commission; Department of Roads,
Bridges and Engineering and the Board of Chosen Freeholders, and may be deferred to a
subsequent budget year requests. The municipality may reserve or bank its Open Space Trust
Funds for the anticipated budget year authorization.




C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                         23
SECTION IV: GLOSSARY OF TERMS

    “Accepted Appraisal” means an independent real property appraisal report prepared by a
State Certified General Real Estate Appraiser that constitutes the basis for purchase price
negotiation to establish the fair market value consideration.
    “Acquisition” means the purchase of fee simple or some lesser interest in land, including
but not limited to an easement restricting development, by gift, purchase, installment purchase,
agreement, devise, or condemnation. (N.J.S.A. 40:12-15.1)
    “Areas of Preservation Interest” means a geographic area, defined by tax lot and block
reference and maps depicting land boundary areas, which are identified for open space
preservation for recreation, conservation and/or farmland preservation purposes by public
and/or private entities.
    “Charitable Conservancy” means a corporation or trust exempt from federal income
taxation under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue
Code of 1986 (26 USC Sec 501(c)(3)), whose purposes include (1) the acquisition and
preservation of lands in a natural, scenic, or open condition, or (2) the historic preservation of
properties, structures, facilities, sites, areas or objects or the acquisition of such properties,
structures, facilities, sites areas, or objects for historic preservation purposes. [This term may
be used interchangeably with nonprofit organization and shall be construed to have the same
meaning within this Manual.]
    “Conservation Restriction” means an interest in land less than fee simple absolute, stated in
the form of a right, restriction, easement, covenant, or condition, in any deed, will or other
instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to
retaining land or water areas predominantly in their natural, scenic or open or wooded
condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as
suitable habitat for fish or wildlife, to forbid or limit any or all:
         (1) construction or placing of buildings, roads, signs, billboards or other advertising, or
             other structures on or above the ground;
         (2) dumping or placing of soil or other substance or material as landfill, or dumping or
             placing of trash, waste or unsightly or offensive materials;
         (3) removal or destruction of trees, shrubs, or other vegetation;
         (4) excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral
             substance;
         (5) surface use except for purposes permitting the land or water area to remain
             predominantly in its natural condition;
         (6) activities detrimental to drainage, flood control, water conservation, erosion control
             or soil conservation, or fish and wildlife habitat preservation;
         (7) other acts or uses detrimental to the retention of land or water areas according to the
             purposes of this act. (N.J.S.A. 13:8B-1 et seq.)
     “County owned historic facilities” means county structures, buildings, properties, facilities,
sites, areas or objects that are listed or meet the criteria for listing in the New Jersey or National
Register of Historic Places pursuant to N.J.S.A.13:1B-15.128 et seq. (PL 1970, c. 268.)
     “Cost of Acquisition” means the consideration paid to seller, at closing settlement.
    “Farmland Conservation Areas” means land that is permanently reserved, maintained and
protected for open space and farm related purposes by means other than the Agriculture
Retention and Development Act of 1983. (N.J.S.A. 4:1C-11 et seq.)


C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                            24
(Section IV continued)

    “Farmland Preservation Plan Element” means an element adopted as part of the municipal
Master Plan, including an inventory of farm properties and map illustrating significant areas of
agricultural land; a statement showing that municipal ordinances support and promote
agriculture as a business; and a plan for preserving as much farmland as possible in the short
term by leveraging monies made available by N.J.S.A. 4:1C-43.1 through a variety of
mechanisms including, but not limited to, utilizing option agreements, installment purchases,
and encouraging donations of permanent development easements.
   “Farmland Preservation Purposes” means the long-term preservation of farmland for
agricultural or horticultural use (N.J.S.A. 40:12-15.1).
   “General Open Space” means land or water areas whose preservation is 1) suitable for
public recreational use and development and/or 2) intended to conserve natural resource areas
that will remain predominately in a natural or undeveloped state and intended to protect
ecologically sensitive areas, water resources, native species habitat, or preserve rural character
including areas of scenic, historic and cultural value.
   “Held” means owned and controlled by a municipality, county, state or any agency thereof,
or Charitable Conservancy.
   “Historic Preservation Restriction” means an interest in land less than fee simple absolute,
stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or
other instrument, other than a lease, executed by or on behalf of the owner of the land,
appropriate to preserving a structure or site which is historically significant for its architecture,
archeology or associations, to forbid or limit any or all:
        (1) Alteration in exterior or interior features of such structure;
        (2) Changes in appearance or condition of such site;
        (3) Uses of such structure or site which are not historically appropriate;
        (4) Other acts or uses detrimental to the appropriate preservation of such structure or site.
             (N.J.S.A. 13:8B-1 et seq.)
   “Hunterdon County Farmland Preservation Plan” means the Plan prepared by the
Hunterdon County Agriculture Development Board, in July 2000, that is intended to provide an
overview of the County’s farmland preservation program, offer recommendations for meeting
future demands and improving the current program, and satisfy State of New Jersey
recommendations for preparing comprehensive county agricultural plans to help facilitate
municipal farmland preservation Planning Incentive Grant (P.I.G.) applications.
   “Hunterdon County Park and Recreation Master Plan” means the Plan prepared by the then
former Board of Recreation Commissioners • , in 2000, that is intended to guide land
acquisitions decisions; development; use and maintenance of the Hunterdon County Park
System.
   “Imminent Preserved Land” means land for which a Contract For Sale or purchase
agreement has been signed and closing is scheduled to occur within six (6) months.
   “Land or Lands” means real property, including improvements thereof or thereon, rights of
way, water, lakes, riparian and other rights, easements, privileges, and any other rights or
interests in, relating to, or connected with real property. (N.J.S.A. 40:12-15.1)




•
  The Board of Chosen Freeholders has reorganized the former Board of Recreation Commissioners into
the County of Hunterdon, Department of Parks and Recreation
C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                               25
(Section IV continued)

 “Municipal owned Historic Structure” means structures, buildings, properties, facilities, sites,
areas or objects that are listed or meet the criteria for listing in the New Jersey or National
Register of Historic Places pursuant to N.J.S.A.13:1B-15.128 et seq.; PL 1970, c. 268, and
which are owned in fee simple or a leasehold interest with significant control over the property;
the unexpired term of the valid lease must be no less than 15 years.
  “Open Space and Recreation Plan” means a municipal plan containing all of the seven (7)
components required by the State of New Jersey Green Acres Program in its Open Space and
Recreation Plan Guidelines.
   “Open Space Trust Fund” means the Hunterdon County Open Space, Recreation, Farmland
and Historic Preservation Trust Fund, established by the Board of Chosen Freeholders pursuant
to P.L. 1997, c.24.
  “Open Space Inventory” (“OSI”) means a list prepared by a municipality that identifies all
Preserved Land and preserved farmland located in the municipality, including land
permanently restricted to prevent further development in perpetuity. For Charitable
Conservancies, an OSI means a list that identifies Preserved Land in Hunterdon County, which
is Held by the charitable conservancy (only). [By way of example and without limitation,
 an OSI shall identify parks, playgrounds, natural areas, watershed reserves, farmlands,
common-owned open space lands (i.e. homeowner association property), and land that is
subject to a perpetual or permanent deed restriction, declaration, covenant, easement or
encumbrance, including land that is officially dedicated, protected or restricted to prevent
further development in perpetuity.]
   “Plan” means any of the following plan elements adopted as part of the municipal Master
Plan: Conservation Plan, Recreation Plan; Farmland Preservation Plan, or Historic Preservation
Plan. [Municipalities are additionally encouraged to include all of the (required) components of
an “Open Space and Recreation Plan” - in a Conservation or Recreation Plan Element; or the
rules adopted by the State Agriculture Development Committee (N.J.A.C. 2:76-17.6) - in a
Farmland Preservation Plan Element. Each Plan should address 1) implementation measures
for preserving land or water areas such as financing, planning techniques and land
use/development ordinances, 2) an assessment of its relationship and possible impact, when
implemented, on existing preserved lands and related plans in adjacent municipalities, and 3)
an assessment of its relationship and possible impact, when implemented, upon (a) existing
County parkland and the Hunterdon County Park and Recreation Master Plan or (b) preserved
farmland and the Hunterdon County Farmland Preservation Plan. Municipalities are also
encouraged to address the “Eligible Activities” associated with the Historic Site Management
Grant of the New Jersey Historic Trust and/or Garden State Historic Preservation Trust
Fund - in an Historic Preservation Plan Element.]
    “Preliminary Assessment” means a written report and evaluation of a site – following
ASTM Standards and/or N.J.D.E.P. requirements – for evidence of the past use of properties as
landfills, production of hazardous waste materials, storage or disposal sites, or for the adverse
effects resulting from such sites that are in close proximity to lands that will utilize county
Open Space Trust Funds.
   “Preserved Farmland” means land subject to a deed restriction, easement, covenant or
encumbrance pursuant to the Agriculture Retention and Development Act of 1983. (N.J.S.A.
4:1C-11 et seq.)




C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                        26
(Section IV continued)

 “Preserved Land” means land or water areas subject to a deed restriction, declaration,
covenant or encumbrance for the purposes of restricting its use to any or all of the following:
recreation, conservation, and general open space including, without limitation, areas of scenic,
historic and cultural value. [The term Preserved Land also includes “Farmland Conservation
Areas”, and common-owned open space lands this is subject to a deed restriction,
declaration, covenant, easement or encumbrance, including land that is officially dedicated,
protected or restricted to prevent further development in perpetuity. Preserved Land may
restrict public use or limit public access.]
  “Recreation and Conservation Purposes” means the use of lands for parks, natural areas,
forests, camping, fishing, reservoirs, water reserves, wildlife preserves, hunting, boating, sports
and similar uses for either public recreation or conservation of natural resources, or both, or the
use of lands for public indoor recreation. (P.L. 1997, c.24) [The latter use for indoor
recreation is available only to municipalities – in accordance with the provisions of this
Manual.]




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C. OSTF Manual_revised _09_13_05_3rdEdition_Final_Print                                          27
Hunterdon County Open Space Advisory Committee
                             (as of 2005)


         Lawrence Coyne, Lebanon Borough–Region A
   Frederick Gardner, (Alt.) East Amwell Township–Region B
         Donald Goehe, (Alt.) Clinton Town-Region A
            Debra Hirt, Union Township-Region A
      (Parks and Recreation Advisory Board Representative)
        Kimberly Testa, Frenchtown Borough-Region B
          Rob Tucher, High Bridge Borough-Region A
         George Wickard, Clinton Township-Region A
             (County Planning Board Representative)
        Suzanne Wilder, Bethlehem Township-Region A
                John G. Trontis, Ex-Officio
     (Hunterdon County Department of Parks and Recreation)
       Honorable Marcia A. Karrow, Freeholder-Liaison




    With Special Thanks and Appreciation to Former Members

             Barbara Thurgarland, Kingwood Township
             (County Parks and Recreation Advisory Board)
               Helen Ringus, West Amwell Township
                 John Gattuso, Holland Township
               Patricia Hilton, Readington Township
                (County Agriculture Development Board)
                Leilani Hershey, Kingwood Township

       all contributing to preserve Hunterdon County’s rural character
             and its natural, cultural and historic resources
         Hunterdon County Open Space, Farmland
         and Historic Preservation Trust Fund Plan
         ______________________________________________________




Contact:        Kevin Scott Richardson, Open Space Trust Fund Program
Address:        Route 12 County Complex, Bldg. 1
                P.O Box 2900
                Flemington, NJ 08822-2900
Phone:          908.788.1490
                Voice Mail: 908.806.5171
Fax:            908.788.1662
E-mail:         krichardson@co.hunterdon.nj.us
Website:        www.co.hunterdon.nj.us click on Open Space Trust Fund Program