As used in this article, the following terms
shall have the meanings indicated:
Any parcel or area of land or water which is characterized
by natural scenic beauty or openness and which is set aside, dedicated,
designated or reserved in order to enhance urban, suburban or rural
areas and has important physical, social, recreational, conservation,
aesthetic or economic assets for the benefit, use and enjoyment of
the public.
No building, structure, installation, facility,
utility or any part thereof shall be constructed, moved to or placed
within an Open-Space District, and no use shall be made of such district,
except the use to which the area was devoted on October 11, 1972.
A.
The following described premises located within the
RA-1 District shall be and are hereby rezoned to the Open-Space District:
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That tract of land owned by the Borough of North Haledon, hereinafter
particularly described and being known as "Lot 24, Block 31, in the
Borough of North Haledon, County of Passaic and State of New Jersey":
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Beginning at a point 221.46 feet south-southwesterly from the
southerly side line of Dorothy Drive, which point is the point of
intersection of the westerly and southerly boundary lines of Lot 48,
Block 31, and the easterly and northerly boundary lines of Lot 24,
Block 31, all as shown on the Tax Assessment Map of the Borough of
North Haledon, and running thence (1) west-southwesterly along the
northerly line of Lot 24, Block 31, a distance of 370 feet to a point
in the boundary line between the Borough of North Haledon and the
Township of Wayne; thence (2) southerly along the aforesaid boundary
line between the Borough of North Haledon and the Township of Wayne
a distance of 1,612 feet to a point; thence (3) south-southeasterly
along the southwesterly line of Lot 24, Block 31, a distance of 425
feet to a point; thence southeasterly along the boundary line between
Lots 24 and 22, Block 31, said line also being the southerly lot line
of Lot 24, Block 31, a distance of 675 feet to a point of intersection
between the southerly and easterly lines of Lot 24, Block 31; and
thence north-northwesterly along the easterly line of Lot 24, Block
31, a distance of 2,533.80 feet to the point and place of beginning
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Being known as Lot 24, Block 31, as shown on the Tax Assessment
Map of the Borough of North Haledon, containing 28.67 acres
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B.
The following lands are hereby rezoned Open-Space
District (O-S):
[Added 2-21-2001 by Ord. No. 2-2001]
(1)
Block 31, Lot 23, is hereby rezoned from an Adult
Affordable Housing District (AAHD) to an Open-Space District (O-S).
(2)
Block 54, Lots 34.16 and 34.17, are hereby rezoned
from a Residential District (RA-1) to an Open-Space District (O-S).
(3)
Block 1, Lots 6 and 26, are hereby rezoned from a
Residential District (RA-1) to an Open-Space District (O-S).
(4)
Block 18, Lot 1 (Oldham Pond), is hereby rezoned from
an Industrial District (I-2) to an Open-Space District (O-S).
(5)
Block 54, Lot 34.15, is hereby rezoned from Cluster
District (RA-1) to an Open-Space District (O-S).
[1]
Editor's Note: Said ordinance reads as follows:
"1. On September 7, 1988, the Superior Court,
Law Division, of Passaic County entered a Judgment in favor of Ethel
Kauffman, et al. v. the Borough of North Haledon (Docket No. L-76513-86-PW)
in part, ordered and directed the Borough of North Haledon to amend
its Zoning Ordinance so that Lot 24, Block 31 as shown on the Tax
Map of the Borough of North Haledon be zoned and designated as open
space until and unless the Borough of North Haledon pursues and successfully
meets the statutory conditions permitting the diversion of open space
to any other use pursuant to the provisions of N.J.S.A. 13:8A-47 et
seq. The Mayor and Council are of the opinion that the zoning and
designation of Lot 24, Block 31 as open space is inappropriate and
not in accordance with sound principles of planning and zoning and
if they had the opportunity to exercise their unbridled discretion,
would not rezone the property in that manner. Nonetheless, the governing
body is constrained to comply with the terms of the Judgment and Order
of the Court dated September 7, 1988. The adoption of the within Ordinance,
accordingly, does not constitute a determination by the governing
body as to the appropriateness of the zone designation ordered to
be made, but rather is in furtherance of the legal responsibility
of the governing body to comply with the terms of the Order."
"2. In accordance with the Order of the Court
and in compliance therewith, the Zoning Ordinance of the Borough of
North Haledon is hereby amended so that Lot 24, Block 31 as shown
on the Tax Map of the Borough of North Haledon is zoned and designated
as open space until and unless the Borough of North Haledon pursues
and successfully meets the statutory conditions permitting the diversions
of open space to any other use pursuant to the provisions of N.J.S.A.
13:8A-47 et seq."
"3. The within Ordinance shall be repealed
immediately and automatically upon the occurrence of the conditions
hereinabove set forth without the necessity for any further action
by the governing body."
"4. This Ordinance shall take effect upon
final passage and publication in accordance with the provisions of
law."
