ORDINANCE 2023-10 TOWNSHIP OF HOLMDEL ORDINANCE

ORDINANCE 2023-10

TOWNSHIP OF HOLMDEL

ORDINANCE AUTHORIZING ACQUISITION BY EMINENT DOMAIN OF

CRAWFORD HILL PROPERTY (BLOCK 27, LOTS 6, 6.01, and 7 (partial easement))

FOR OPEN SPACE, RECREATION, AND HISTORIC PRESERVATION PURPOSES

WHEREAS, on or about March 17, 2020, the Township Committee adopted a Master Plan

Reexamination Report (the “Report”) pursuant to N.J.S.A. 40:55D-89; and

WHEREAS, said Report reincorporated the terms of the 2004 Master Plan, which were

reiterated in the 2010 Master Plan Reexamination, and which among other things set forth a “land

use goal[] and objective[]” of “[p]reserv[ing] Holmdel’s high quality of life by protecting the

Township’s open spaces from development and reducing the negative impacts associated with

development”; and

WHEREAS, said Report reincorporated the terms of the 2004 Master Plan, which were

reiterated in the 2010 Master Plan Reexamination, and which among other things set forth

“conservation goals and objectives” of “[p]rotect[ing] natural resources to the greatest extent

feasible” and “[p]rotect[ing] the visual quality of scenic corridors throughout Holmdel, particularly

vistas of open space, natural features, farmland, and historic sites”; and

WHEREAS, said Report reincorporated the terms of the 2004 Master Plan, which were

reiterated in the 2010 Master Plan Reexamination, and which among other things set forth “park

and recreation goals and objectives” of:

Provid[ing] adequate, appropriate and well-maintained parks and

recreational facilities that contribute to a high quality of life for

Township residents

Ensur[ing] that parks and recreational facilities are added, expanded

or improved over time to reflect changes in demographic trends,

recreational interests or facility use pattern

. . . .

Provid[ing] opportunities for both active and passive recreation in

Holmdel

. . . .

Provid[ing] a diverse range of parks and recreational facilities that

serve residents of all age groups and physical abilities

Ensur[ing] easy and convenient access to parks and recreational

facilities

. . . .

Coordinat[ing] park planning with initiatives for farmland and open

space preservation and natural resources conservation

; and

WHEREAS, said Report reincorporated the terms of the 2004 Master Plan, which were

reiterated in the 2010 Master Plan Reexamination, and which among other things set forth “historic

preservation goals and objectives” of:

Preserv[ing] the unique character, heritage, and identity of Holmdel

for the benefit of future generations, by protecting . . . sites notable

for their historic or architectural attributes.

Increas[ing] public awareness about the Township’s history, its

historical figures, and its historical sites and districts

Work[ing] with private property owners, residents, and the Holmdel

Historical Society to identity and document historic sites and

districts in the Township and to develop public policies to preserve

and rehabilitate such sites and districts

. . . .

. . . Encourag[ing] owners to take steps to protect the historical or

architectural attributes of [historic] structures

. . . .

Take advantage of funding, information and other resources

available through County, State, and federal agencies, as well as

private-sector entities and non-profit organizations that may help the

Township identify and protect historic resources

. . . .

Continue to work with County, State, and federal agencies, to

identify opportunities to enhance or provide for additional historic

preservation opportunities.

; and

WHEREAS, the Report further recommended the following new Goals and Objectives,

which in relevant part included:

Identification of areas within the Township that should not be

developed, either because of sensitivity or suitability for open space

at appropriate locations

. . . .

Maintain open space in a quantity and at locations in

accordance with accepted standards

Provide conservation areas as well as passive and

active recreation areas

. . . .

Continu[ing] to preserve and maintain open pace and encourage

farm land preservation where appropriate throughout the Township

. . . .

Evaluat[ing] the location, distribution, viability, and accessibility of

neighborhood parks throughout the Township

. . . .

Promot[ing] the initiative that all residences within the Township

should be within a 10 minute[] walk to a park, including active

recreation facilities

; and

WHEREAS, in the November 2021 general election, Holmdel voters approved an increase

in the annual collection rate to the Holmdel Open Space, Recreation, Floodplain Protection,

Farmland, and Historic Preservation Trust Fund to the amount of $0.035 per $100 of assessed

property valuation; and

WHEREAS, on February 8, 2022, the Township Committee adopted Ordinance 2022-02,

codified at § 26-10.1 et seq., which implemented the voter approved increase to the collection rate

of the Trust Fund, and further authorized the use of trust funds for “[a]cquisition of lands for

recreation and conservation purposes” and “[h]istoric 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”, per § 26-10.3(a) and (e); and

WHEREAS, on December 18, 2019, the Holmdel Environmental Commission, established

pursuant to N.J.S.A. 40:56A-1 et seq. and Ordinance § 2-63.1 et seq., prepared a list of “Open

Space Preservation Recommendations,” which included the property located at 791 Holmdel

Road, comprising Block 27, Lots 6 and 6.01, and which is commonly known as Crawford Hill

Property (as it will be referenced hereafter); and

WHEREAS, Crawford Hill constitutes the highest point in Monmouth County; and

WHEREAS, the Crawford Hill Property is a generally undeveloped property, to which the

Township holds a landscape easement around its perimeter; and

WHEREAS, the Crawford Hill Property currently houses the Horn Antenna, which is a

large microwave horn antenna that was used as a satellite communication antenna and radio

telescope during the 1960s at Bell Telephone Laboratories in Holmdel; and

WHEREAS, notably, former Bell Labs physicists Arno Penzias and Robert Wilson utilized

the Horn Antenna to detect the cosmic microwave radiation that provided irrefutable evidence of

the Big Bang; and

WHEREAS, in 1978, Wilson and Penzias earned a Nobel Prize in Physics for this work;

and

WHEREAS, in 1989, the Horn Antenna was designated a National Historic Landmark in

the National Register of Historic Places, a list maintained by the United States Department of the

Interior, National Park Service; and

WHEREAS, the National Register has various levels of significance, and the Horn Antenna

is listed as having National Significance; and

WHEREAS, in addition, the Horn Antenna was listed on the New Jersey Register of

Historic Places on February 24, 1993; and

WHEREAS, at all relevant times through present, the Horn Antenna has been located upon

the Crawford Hill Property; and

WHEREAS, if a National Historic Landmark is moved in any way, the landmark loses its

designation and resubmission is required, see 36 C.F.R. 60.14(b)(2); N.J.A.C. 7:4-3.2; and

WHEREAS, the Township Committee of the Township of Holmdel makes the following

findings:

1. The Township Committee desires to acquire the Crawford Hill Property for open space,

recreation, and historic preservation purposes.

2. The Township Committee notes that the Crawford Hill Property is uniquely suited for

open space, recreation, and historic preservation purposes as it includes a peak that

constitutes the highest point in Monmouth County and houses the Horn Antenna, a

National Historic Landmark.

3. The Township has received a ground swelling of public support for preservation of the

Crawford Hill Property at meetings of the Township Committee, through electronic

submissions, and other outreach from residents.

4. The Township Committee finds that acquisition of the Crawford Hill Property for open

space, recreation, and historic preservation purposes is consistent with its current

Master Plan.

5. The Township Committee finds that acquisition of the Crawford Hill Property is

consistent with the 2019 recommendation of the Holmdel Environmental Commission

specifically enumerating this property for acquisition.

; and

WHEREAS, in addition to Block 27, Lots 6 and 6.01 constituting the Crawford Hill

Property, the Township further seeks to obtain an easement interest in the rights of way traversing

Block 27, Lot 7 that provide access to the Crawford Hill Property, as provided in the exhibit map

and description attached as Exhibit A and hereafter referenced as the “Property”; and

WHEREAS, Crawford Hill Holding, LLC is the fee simple owner of the Property in its

entirety; and

WHEREAS, pursuant to numerous statutory schemes, including but not limited to the

Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq., Home Rule Act, N.J.S.A. 40:61-1,

New Jersey Green Acres Land Acquisition Act, N.J.S.A. 13:8A-1 et seq., and Municipal Trust

Fund Act, N.J.S.A. 40:12-15.1 et seq., the Township is authorized to acquire land and premises

that are necessary for maintaining open space and enhancing recreational opportunities by

condemnation; and

WHEREAS, all condemnations in New Jersey are procedurally governed by the Eminent

Domain Act of 1971, N.J.S.A. 20:3-1 et seq. (the “Act”); and

WHEREAS, as a condition precedent to a condemnation, the Act requires the Township to

engage in bona fide negotiations with the prospective condemnee, which negotiations shall be

based upon an appraisal, pursuant to N.J.S.A. 20:3-6 (“Bona Fide Negotiations”); and

WHEREAS, in the event Bona Fide Negotiations are unsuccessful, the Act authorizes the

Township to acquire property pursuant to eminent domain under the Act (“Eminent Domain”); and

WHEREAS, on June 13, 2023, the Township Committee adopted Resolution #2023-168

directing Gagliano & Company to complete an appraisal of the Potential Condemnation Area; and

WHEREAS, Gagliano has prepared an appraisal report dated August 7, 2023, a copy of

which is attached hereto as Exhibit B and incorporated by reference, determining that the

aggregate valuation of the Property is $1,920,000 (the “Valuation”); and

WHEREAS, on August 8, 2023, the Township Committee adopted Resolution #2023-____

authorizing entry into Bona Fide Negotiations with Crawford Hill Holding, LLC for the acquisition

of the Property; and

WHEREAS, in the event the Township is unable to acquire the Property through Bona Fide

Negotiations, the Township seeks to authorize the acquisition of the Property through Eminent

Domain.

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of

Holmdel, as follows:

1. The foregoing recitals are hereby incorporated as if set forth at length.

2. The Township Committee hereby accepts the Valuation of $1,920,000 (the “Cost of

Acquisition”) established by the appraiser as having been performed in a competent

manner and in accordance with applicable law as establishing the fair market value of the

Property.

3. The Township Committee hereby authorizes the acquisition of the Property in the amount

of the Valuation.

4. Upon a determination that the Township is unable to acquire the Property pursuant to Bona

Fide Negotiations, the Township Committee hereby authorizes and directs the acquisition

of the Property by Eminent Domain for the purposes set forth in this Ordinance.

5. Upon the Chief Financial Officer’s ability to certify to the sufficiency of funds, the

Township Committee hereby authorizes and directs the Chief Financial Officer to pay the

Cost of Acquisition for the acquisition of the Property into the Superior Court pursuant to

the Act.

6. The Township Attorney and Special Counsel are hereby authorized and directed to take any

and all steps reasonably necessary to effectuate the foregoing.

7. The Mayor, Township Administrator, Chief Financial Officer, and such other officials,

employees and agents of the Township, specifically including, but not limited to

professional appraisers, environmental experts, consulting engineers, surveyors and similar

professionals as are appropriate, are hereby authorized and directed to execute such

documents and to perform all acts necessary to effectuate the foregoing.

8. Upon the Chief Financial Officer’s ability to certify to the sufficiency of funds, the Chief

Financial Officer is hereby authorized and directed to pay the Township’s costs connected

with title reports, appraisal reports, attorneys’ fees, professional consultants’ fees, and other

costs reasonably arising from the foregoing.

9. All ordinances, resolutions or parts of ordinances or resolutions that are inconsistent with

the provisions of this ordinance are, to the extent of such inconsistency, hereby repealed.

10. Should any section, clause, sentence, phrase or provision of this ordinance be declared

unconstitutional or invalid by a court of competent jurisdiction, such decision shall not

affect the remaining portions of this ordinance.

11. This ordinance shall take effect immediately upon final adoption and publication pursuant

to law.

LEGAL NOTICE

Publication by Summary Pursuant to N.J.S.A.40:49-2

This Ordinance authorizes the acquisition of Block 27, Lots 6, 6.01, and 7 (partial easement) by

eminent domain for open space, recreation, and historic preservation purposes.

CERTIFICATION

The foregoing ordinance was introduced and passed on the first reading at a meeting of the

Township Committee of the Township of Holmdel held on August 13, 2023 and will be

considered for final passage and adoption at a meeting of said Township Committee to be held

on August 22, 2023 at Township Hall, 4 Crawfords Corner Road, Holmdel, NJ at 6:30 PM at

which time and place all persons desiring to be heard thereon will be given full opportunity. 

Domenico Luccarelli, Mayor 

Attest: 

Wendy L Patrovich, RMC/CMR 

Township Clerk 