Background and Overview

Hunterdon County voters have overwhelmingly approved three (3) County Questions (November 1999, 2004, and 2008) authorizing the Board of Chosen Freeholders to implement and continue an Open Space, Recreation, Farmland and Historic Preservation Trust Fund pursuant to P.L. 1997, c. 24. ( N.J.S.A. 40:12-15.1 et seq.) The proposition authorizes the County of Hunterdon to impose an annual levy for an amount or at a rate deemed appropriate for any or all of the following purposes, or any combination thereof, as determined by the Hunterdon County Board of Chosen Freeholders;

1. acquisition of lands for recreation and conservation purposes;
2. development of lands acquired for recreation and conservation purposes;
3. maintenance of land acquired for recreation and conservation purposes;
4. acquisition of farmland for farmland preservation purposes;
5. historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes; or
6. payment of debt service or indebtedness issued or incurred by the County of Hunterdon for any of the purposes set forth in (a), (b), (d), or (e) above.

The first County Question , approved November 2, 1999, limited the levy to a five (5) year period that commenced January 1, 2000 and ended December 31, 2004. That Question authorized the purchase of lands for recreation, conservation, general open space, farmland preservation and historic preservation of County owned structures, properties, facilities, sites, areas, or objects, or the payment of debt service or indebtedness issued or incurred by the County of Hunterdon for any of the purposes described immediately above.

The second County Question , approved on November 2, 2004, again limited the levy to a five (5) year period that commenced January 1, 2005 and ends December 31, 2009. This question authorized the purchase of lands prioritized to slow down residential growth for recreation, conservation, general open space, farmland preservation and historic preservation of County and municipal owned structures, properties, facilities, sites, areas, or objects, or for the payment of debt service or indebtedness issued or incurred by the County of Hunterdon for any of the purposes described immediately above.

The third County Question, which was approved on November 4, 2008, begins January 1, 2010 and continues the Hunterdon County Open Space, Farmland and Historic Preservation Trust Fund; it expands the Question’s purposes for protecting drinking water sources and water quality; preserving open space, natural areas, farmland and historic sites; to acquire, develop, improve and maintain county and municipal lands for recreation and conservation purposes ; and preservation of historic structures,facilities, sites, areas, or objects; or for the payment of debt service or indebtedness issued or incurred by the County for any of the purposes described immediately above. The third Question also eliminates the sunset provision precedent in the first and second Questions. (All three (3) Questions are incorporated herein by reference and attached in the Policies and Procedure Manual; see section VI: Exhibit A .)

Since the inception of Hunterdon County’s Open Space Trust Fund, the Board of Chosen Freeholders has authorized an annual levy not to exceed three ($0.03) cents per one hundred ($100.00) dollars of the total County equalized real property value for each County Question.

The Board of Chosen Freeholders sets the open space tax levy and amount to be raised each year and may, at their discretion, determine the appropriate amount or rate to be distributed and allocated for each purpose. Any change would require at least one public hearing identifying the distribution of monies governing the County Open Space Trust Fund.

Diagram 1. Current Distribution of Hunterdon County Open Space Trust Revenue

beginning with the second County Question (2005-2009)

In accordance with P.L. 1997, c.24 which authorized the annual levy, Hunterdon County was required to prepare a plan before it could expend Open Space Trust Funds to purchase lands selected for recreation, conservation and general open space, farmland and historic preservation 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 (“Hunterdon Open Space Trust Fund Plan”).

The Hunterdon Open Space Trust Fund Plan was prepared by the County Planning Board to provide the Freeholder Board with policy guidance on the selection of lands for preservation purposes including administrative and cost-effective ways to advance Hunterdon County ’s open space, farmland and historic preservation goals and objectives. These objectives also appear in the Hunterdon County Comprehensive Farmland Preservation Plan, adopted December 2008; the Hunterdon County Growth Management Plan, adopted December 2007; the Hunterdon County Park and Recreation Master Plan 2000 and the Sites of Historic Interest – an element of the Hunterdon County Master Plan (updates in progress). Moreover, the Hunterdon County Board of Chosen Freeholders adopted the Open Space, Farmland Preservation and Historic Preservation Policy #:2008-02, on October 7, 2008. This Policy (“ Policy #:2008-02”) is intended to generally outline the Practices and Procedures of the Board of Chosen Freeholders when selecting, evaluating and acquiring interests in real property for Open Space, Farmland Preservation and Historic Preservation Purposes by the County of Hunterdon, and which is incorporated herein by reference and attached in the Policies and Procedures Manual; see section VI: Schedule A .

Supported by the early goals and recommendations of the Hunterdon Open Space Trust Fund Plan, the Board of Chosen Freeholders approved the creation of two grant programs that distribute monies from the County Open Space Trust Fund.

• The Municipal Grant Program distributes a set percentage of County Open Space Trust Funds to each municipality in the county for their related preservation purposes. Municipalities may apply for and use their respective allocation of county funds to: purchase lands for public recreation and conservation purposes and general open space; farmland preservation purposes; or to prepare relevant plan documents that address land preservation techniques, strategies and implementation measures that comport with the objectives of the Hunterdon Open Space Trust Fund Plan and companion county plans and goals. County Open Space Trust Funds may also be applied toward retiring municipal debt service or indebtedness incurred in connection with the County Question’s authorized purposes and municipal purchases of land, and may use the second Question’s allocation of funds to restore and rehabilitate municipal owned historic properties as well as county owned historic properties, structures, facilities, sites, areas, or objects.

For the first Question’s period, which commenced January 1, 2000 and ended December 31, 2004, each municipality had been allocated ten (10%) percent of the annual funds it collected for the County Open Space Trust Fund. For the second Question’s period, commencing January 1, 2005 and ending December 31, 2009, the County increased the allocation to fifteen (15%) percent based on the annual amount each municipality collects for the County Open Space Trust Fund. The third Question will not commence until January 1, 2010, and the funds to be collected for the County Open Space Trust Fund will not be distributed or allocated to municipalities until the beginning of 2011.

• The Nonprofit Grant Program distributes an identical percentage of annual County Open Space Trust Funds to nonprofit organizations based on a competitive application process with specified evaluation factors and ranking criteria. Nonprofit organizations must qualify as a Charitable Conservancy. Under this program, the County Open Space Trust Funds are limited to and can only be used for the purchase of lands in Hunterdon County for recreation, conservation or general open space purposes including Farmland Conservation Areas, which has been expanded to address nonprofit farmland preservation projects that are approved by the State Agriculture Development Committee pursuant to the Agriculture Retention and Development Act, P.L. 1983, c.32 (C. 4:1C-11 et seq.), or any rules or regulations adopted pursuant thereto.

County Open Space Trust Funds approved to assist nonprofit organization purchases of land are limited to and may not exceed twenty (20%) percent of an eligible project’s Cost of Acquisition, subject to annual County allocations of available funds.

Diagram 2. Annual Total County Open Space Trust Revenue & Distribution Sums

Finally, the Hunterdon Open Space Trust Fund Plan recommended the establishment of a County Open Space Advisory Committee to oversee these two grant programs, which has now been expanded to include Hunterdon County’s Cooperative Open Space Acquisition Assistance Program and new application requests per Policy #:2008-02; see the Policies and Procedures Manual: Section IV.