ORDINANCE 2017-22
TOWNSHIP OF WEST WINDSOR
MERCER COUNTY, NEW JERSEY
AN ORDINANCE AUTHORIZING THE ACQUISTION OF CERTAIN REAL PROPERTY KNOWN AS BLOCK 33, LOTS 2.01 & 3 AS REFERENCED ON THE WEST WINDSOR TOWNSHIP TAX MAP AND CONSISTING OF APPROXIMATELY 122.44 ACRES LOCATED AT
229 Village ROAD east, through purchase or condemnation
WHEREAS, Section 200-146 of the Township’s Code recognizes the natural right to farm and the inherent benefits that farming bestows on the neighborhood, community, and society in general by the preservation of open space, the beauty of the countryside, and clean air, by the preservation and continuance of farming operations in West Windsor Township; and
WHEREAS, the August 18, 2010, West Windsor Farmland Preservation Plan Element was duly adopted by the West Windsor Planning Board; and
WHEREAS, the August 18, 2010, West Windsor Farmland Preservation Plan Element identifies several properties within the Mercer County Agricultural Development Area that the County may seek to solicit for preservation; and
WHEREAS, Block 33, Lots 2.01 and 3, located on Village Road East and owned by Joseph Hall (the “Hall Property”) were identified by the August 18, 2010, West Windsor Farmland Preservation Plan Element within the Mercer County Agricultural Development Area as a target property for preservation; and
WHEREAS, the Township has determined that it wishes to acquire the Hall Property, either through voluntary sale or through eminent domain, for the public purpose of farmland preservation; and
WHEREAS, the Hall Property acquisition is a capital project that will necessitate the expenditure of public funds; and
WHEREAS, on April 26, 2017, the West Windsor Planning Board considered the Township Council’s referral of this matter, pursuant to N.J.S.A. 40:55D-31(a), and unanimously determined that the acquisition of the Hall Property would be consistent with the Land Use, Open Space and Recreation, and Farmland Preservation Plan Elements of the Mater Plan and unanimously voted to recommend that the Hall Property be acquired for preservation or recreation purposes.
WHEREAS, the Township has determined that the funding for the acquisition will be made through the West Windsor Township Open Space Trust Fund;
WHEREAS, in accordance with on N.J.S.A. 40A:12-5(a)(1), “any municipality, by ordinance, may provide for the acquisition of any real property, capital improvement, or personal property[ b]y purchase, gift, devise, lease, exchange, condemnation, or installment purchase agreement.”
NOW THEREFORE BE IT ORDAINED, by the Township Council of the Township of West Windsor, Mercer County, NJ as follows:
(1)The Township wishes to acquire certain real property known as Block 33, Lots 2.01 & 3, as referenced on the West Windsor Township Tax Map, and consisting of approximately 122.44 acres located at 229 Village Road East (the “Hall Property”), through purchase or condemnation; and
(2)The Township hereby exercises its power of eminent domain to acquire the Hall Property in accordance with the Eminent Domain Act, N.J.S.A. 20: 3-1, et seq., subject to an appraisal of the Hall Property, and the approval of the appraised value by a later resolution of the Township Council; and
(3)The West Windsor Department of Community Development is authorized to have the Hall Property surveyed and appraised for acquisition by the Township; and
(4)The authorization to submit an offer to acquire the Hall Property for a purchase based upon the appraised value of the Property and/or to commence condemnation and deposit the estimated just compensation with the Superior Court of New Jersey, shall be made by resolution of the Township Council; and
(5) The authorization for the Mayor and Clerk to execute on behalf of the Township a purchase agreement with the property owner, Joseph Hall, or to execute and file a Declaration of Taking shall be made by resolution of the Township Council; and
(6)Open space preservation for farmland and/or recreational uses is a public purpose that the acquisition of the Hall Property will accomplish; and
(7)This Ordinance shall be in force after action or inaction by the Mayor as provided by law or an override of mayoral veto by the Council, whichever is applicable. Publication will be according to law.
Introduction:
Public Hearing:
Adoption:
Mayor's Approval:
Effective Date: