ORDINANCE NO. 10-2004

ORDINANCE PERMITTING BONUS LOTS RELATING TO LOT SIZE AVERAGING FOR CONVEYANCES TO NONPROFIT ENTITIES AND SUPPLEMENTING THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM WITH A NEW PARAGRAPH 21-10.4(d).

     BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, as follows:

     SECTION 1.  Subsection 21-10.4 entitled “Bonus Lots” of Section 21-10 entitled “Lot Size Averaging” of the Land Use Ordinance of the Township of Mendham is hereby supplemented with a new paragraph 21-10.4(d) which shall read in its entirety as follows:

“21-10.4(d).  In lieu of deeding or conveying a conservation easement to Mendham Township as provided in paragraphs 21-10.4(a) and (b), one bonus lot for every 20 acres of land may be permitted in accordance with the following:

1.   The property owner may, with the consent of the Township, deed the property or convey the conservation easement, by means of a document signed by both the grantor and the grantee, to a trust or other entity which is tax exempt and authorized by its charter or applicable law to hold a conservation easement, provided that any such entity is a qualified organization within the meaning of Regulation Sec. 1.170A-14(c)(1) of the Internal Revenue Code as amended from time to time;

2.   The Township will consent to conveyance to such an entity provided that it is of recognized standing, chartered in New Jersey and has engaged in other such transactions for at least the last ten years; and

3.   The deed or conservation easement agreement shall provide:

“If at any time the Grantee shall cease to act as a not-for-profit entity with one of its primary purposes being the preservation of natural resources and open space, shall be liquidated or dissolved, or falls into inactivity and does not actively manage the open space for which it is responsible, the interests granted to the Grantee under this [deed] [easement] shall be transferred and assigned to the Township of Mendham or a non-profit corporation that is approved by the governing body.  For purposes of implementing the provisions of this paragraph and in circumstances where a conveyance document is not readily obtainable from a duly authorized officer of Grantee, the parties do hereby name and designate the Township Attorney of the Township of Mendham as Attorney in Fact to execute and deliver to the Township of Mendham a document which transfers, conveys, and assigns to the said Township all of the Grantee’s right, title and interest hereunder.”

     SECTION 2. This ordinance shall take effect after final passage and publication pursuant to law.