[Ord. No. 6-5-80 § 62A-1; Ord. No. 11-24-81; Ord.
No. 93-21 § 1; Ord. No.
09-17 § 1; Ord. No. O-20-16]
A.
No person in a public park or recreational facility shall:
(1)
Willfully mark, displace, injure, remove, fill in, raise, destroy
or tamper with any drive or path, walk, bridge or approach thereto;
take up or remove or carry away any asphalt, concrete, flatstone,
rock, stone, gravel, sand clay or earth; or make any excavation of
any kind, name or nature; or harvest, cut, injure or remove any ice,
or injure, deface, displace, remove or destroy, any structure, building,
post, railing, bench seat, platform, stand, tree guard, telephone,
telegraph or pipe, or main for conducting gas, water, or wires, or
any hydrant, sewer, drain, pipe, main, receiving basin, covering manhole,
or vent forming a part thereof, of any appurtenances or appendage
connected therewith; or any other property or equipment, real or personal,
owned by or under the jurisdiction or control of the Department of
Parks and Recreation, or appertaining to the creation, government,
use or maintenance of the parks, or injure, deface, displace, remove
or destroy any sign, inscription, post or monument, erected or marked
for any purpose; or any mile board, milestone, danger sign or signal,
guide sign or post, or any signaling device, sanctioned, restricting
or regulating traffic, establishing zones, or giving information or
direction to the public or interfere with any lamp, lamppost, gas
or electric apparatus, or extinguish the light therein, except under
the proper authority, or without a permit, attach string, adjust or
carry any wire or other object in, on or over any part of any parks.
(2)
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition. No child above the age of five years shall
use the rest rooms and washrooms designated for the opposite sex.
(3)
Dig or remove any soil, rock, sand, trees, shrubs, or plants or other
wood or materials, or make any excavation by tool, or other means
or agency.
(4)
Construct or erect any building or structure of whatever kind, whether
permanent or temporary.
(5)
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark, or pick flowers or seed of any trees or plant, dig in or
otherwise disturb grass areas or in any way injure the natural beauty
of the area.
(6)
Climb or stand upon any wall, fence, shelter, seat, statue or other
structures, unless the structure is designated for that purpose.
(7)
Attach any rope or cable or any other contrivance to any fence, railing,
bridge, bench or other structure.
(8)
Cause or permit any animal owned by him, in his custody or under
his control, to be at large.
(9)
Tie, hitch, harness, or otherwise attach any animal to any tree,
pole, plant or any other such structures.
(10)
Hunt, frighten, kill, trap, pursue, chase, tease, or shoot or
throw missiles, remove, or have in his possession any animal, reptile
or bird; or knowingly buy, receive or have in his possession, sell
or give away any such animal, reptile, bird, or eggs so taken.
(11)
Throw or discharge, or otherwise place or cause to be placed
in the waters of any fountain, pond, lake, stream, or any other body
of water in or adjacent to the park, or any tributary stream, storm
sewer, or drain flowing into any water, any substance, matter, or
thing, liquid, solid or gaseous, which may or shall result in the
pollution of any waters.
(12)
Take into, carry through, leave in or throw, cast, lay, drop
or discharge into or on or suffer or permit any servant, agent, employee,
or person in his or her charge, to take into, carry through, leave
in or throw, cast, lay, drop, or discharge into or on any parks any
bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste,
garbage, refuse, or other trash. All such materials shall be placed
in the proper receptacles where these are provided; where receptacles
are not provided, all such materials shall be carried away from the
park by the person responsible of its presence and properly disposed
of elsewhere.
(13)
Drive any vehicle on any area except the paved park roads, parking
areas, or such areas that are as may on occasion be specifically designated
as parking area temporarily.
(14)
Park a vehicle in other than an established or designated parking
area, and such shall be in accordance with posted directions and with
the instruction of any attendant who may be present.
(15)
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park area.
(16)
Leave a bicycle in a place other than a bicycle rack when such
is available and there is space available.
(17)
Ride a bicycle or a moped without reasonable regard to the safety
of others.
(18)
Leave a bicycle, moped, skateboard, or other such equipment
lying on the ground or pavement or set against any tree, pole, or
other such structure, or in any place or position where others may
trip or be injured by them.
(19)
Wash any vehicle.
(20)
Swim, bathe, or wade in any waters or waterways in or adjacent
to the park, except in waters as are provided therefor and in compliance
with regulations as are herein set forth or may be hereinafter adopted,
nor shall any person frequent any waters or places customarily designated
for the purposes of swimming or bathing, or congregate when such activities
are prohibited by the Department of Recreation and Parks upon a finding
that such use of the water would be dangerous or otherwise inadvisable.
(21)
Frequent any waters or places designated for the purposes of
swimming or bathing, or congregate except between the hours of the
day as shall be designated by the Department of Recreation and Parks
for such purposes for each individual site.
(22)
Erect, maintain, use or occupy on or in any beach, bathing or
park area, any tent, shelter or structure of any kind, unless a permit
has been issued by the Department of Parks and Recreation.
(23)
Allow himself to be so covered by a bathing suit as to indecently
expose his person.
(24)
Dress or undress on any beach or in any vehicle, toilet or other
place, except in such bathing houses or structures as may be provided
for that purpose.
(25)
Bring into, or operate any vessel, power vessel, sailboat, raft, kayak and the like, or any boat, pontoon boat, personal watercraft, or watercraft of any type on any waters unless operation of any of the foregoing watercrafts is otherwise specifically allowed by the provisions of § 17-2 et seq., except that nothing contained in § 17-2 et seq. shall be construed as allowing jet skis to be brought into or operated upon any waters located within or bounding Rockaway Township.
(26)
Fish in any area when swimming hours are in effect.
(27)
Carry on or possess firearms of any description or air rifles,
spring guns, bows and arrows, slingshot, or any other form of weapons
potentially dangerous to human safety and inimical to wildlife, or
any instrument that can be loaded and fired with blank cartridges,
or any kind of trapping device. Shooting into the park area from beyond
park boundaries is forbidden.
(28)
Picnic or lunch in a place other than that designated for that
purpose.
(29)
Use any portion of the picnic area or any of the buildings or
structures for the purposes of holding picnics exclusive of other
persons, nor shall any person use such areas and facilities for an
unreasonable time if the facilities are crowded.
(30)
Leave a picnic area before the fire is completely extinguished
and before all trash is placed in the disposal receptacles where provided.
If no receptacles are provided, then all trash shall be carried away
from the park area by the picnicker to be properly disposed of elsewhere.
(31)
Take part in or abet the playing of any games involving thrown
or otherwise propelled objects such as balls, stones, arrows, frisbees,
javelins, horseshoes, quoits, or model airplanes except in those areas
that are specifically designated for that purpose.
(32)
Receive or borrow and not return any equipment on loan to them
by the Township.
(33)
Ride a horse except on designated bridle trails. Where permitted,
horses shall be thoroughly broken and properly restrained and ridden
with due care. A horse will not be allowed to graze in such area.
(34)
Any team or group wishing to utilize a ballfield under the jurisdiction
of the Parks and Recreation Department must secure a permit from the
Department.
(35)
Bring alcoholic beverages, drink same at any time, nor shall
persons be under the influence of intoxicating liquor in a park or
recreational facility; provided, however, alcoholic beverages contained
in other than bottles may be possessed and consumed in a public park
or recreational facility in accordance with a permit granted under
this section.
(36)
Have in his possession or set or otherwise cause to explode,
or discharge or burn, any firecrackers, torpedo rocks, or other fireworks,
firecrackers or explosives of inflammable materials; or discharge
them or throw them into any such areas from lands or highways adjacent
thereto. This prohibition includes any substance, compound, mixture
or article in conjunction with any of the foregoing standpoints. At
the discretion of the Department of Recreation and Parks and Township
Council, permits may be given for conducting properly supervised fireworks
in designated areas.
(37)
Appear at any place in other than proper clothing.
(38)
Solicit alms or contributions for any person, whether public
or private.
(39)
Build or attempt to build a fire, except in areas and under
regulations as may be designated. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco, or
other inflammable material within any park or on any highways, roads,
or streets abutting or contiguous thereto.
(40)
Enter an area posted as "Closed to the Public."
(41)
Gamble or participate in or abet any game of chance in such
areas and under such regulations as may be designated by the Department
of Recreation and Parks.
(42)
Go onto the ice on any of the waters except where there are
designated skating fields and safety signals displayed.
(43)
Occupy any seat or bench, or enter into or loiter or remain
in any pavilion or any other park structure or section that may be
reserved for or designated by the Parks and Recreation Department
for use by the opposite sex.
(44)
Sleep or protractedly lounge on the seats or benches or other
areas.
(45)
Engage in loud, boisterous, threatening, abusive, insulting,
or indecent language, or engage in any disorderly conduct or behavior
tending to breach public peace.
(46)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
(47)
No private vendor of food and beverages or any private mobile
vendor of food and beverages shall be permitted to enter upon municipally
owned facilities for the purpose of selling food or beverages when
the municipal facilities in question are being actively utilized for
recreational purposes and the needs for food and beverage sales are
being fulfilled by the various booster clubs and associations which
support the Township's recreational programs.
(48)
Smoking shall be prohibited within all Township parks, playgrounds,
beaches and recreation areas, except within designated areas of adjacent
parking areas. Said designated areas where smoking is permitted shall
be as determined and posted by the Director of the Department of Parks,
Recreation and Senior Services.
[Ord. No. 6-5-80 § 62A-2]
A.
Parks and recreational facilities shall be open to the public every
day of the year during designated hours except for unusual or unforeseen
or emergent periods as determined by the Township. The opening and
closing hours of each individual park or recreational facility shall
be posted for public information.
B.
Notwithstanding the foregoing, any section or part of any park or
recreational facility may be declared closed to the public, at any
time and for any interval of time, either temporarily or at regular
and stated intervals and either entirely or merely for certain uses.
[Ord. No. 6-5-80 § 62A-2.1; Ord. No. 3-7-85; Ord. No.
6-10-86; Ord. No. 5-3-88; Ord. No. 7-11-89 § 1; Ord. No. 94-22; Ord. No.
96-19 § 1; Ord. No. 99-25 § 1; Ord. No. 02-19 § 1; Ord. No. 06-9 § 1; Ord. No. 08-3 § 1; Ord. No. 09-1 §§ 1 — 4; Ord. No. O-20-16]
A.
Fees for the summer playground program shall be $55 per child participating,
which shall generally consist of seven weeks.
B.
The charge for utilization of lights at Peterson Field shall be no
charge for Rockaway Township programs and programs operated by nonprofit
entities. Resident groups shall be charged $25 per hour with a minimum
of two hours, while nonresident groups shall be charged $50 per hour
for a minimum of two hours.
C.
The fee for the Tot Exercise Program shall be $20 per child, per
session, which shall generally consist of eight weeks. This program
is open to children between the ages of one and five who are not registered
in school. There is a fall, winter and spring session. The number
of weeks per session may be adjusted and determined by the Director
of Parks, Recreation and Senior Services for the Tot Exercise Program.
The fees for the Tot Exercise Program per child shall be prorated
if the number of weeks are modified per session by the Director.
D.
The fee established for swimming lessons shall be $15 per child,
per session.
E.
Advanced Red Cross Lifesaving Course: $45.
F.
Utilization of Township-owned or -operated beaches shall require
Township beach tags. The fees for same will be $25 per person, per
session, for residents and a guest fee of $2 per guest, per day.
G.
Terms and conditions of memberships purchased from the Township to
the Aquatic Park at Picatinny Arsenal per pool season:
(1)
Charter members shall be Township residents and shall pay a one-time
$150 initiation fee, which is refundable upon termination of membership,
and $435 per year for a family membership and $290 per year for a
single membership. The foregoing rate may be subject to change thereafter.
Charter members have an annual guaranteed renewal opportunity.
(2)
Resident open members shall pay $485 per year for family membership
and $335 per year for single membership. Resident open members are
not guaranteed annual renewal which will be available on a first-come,
first-served basis.
(3)
Nonresident open members, if made available by the Township, shall
pay $545 per year for family membership and $395 per year for single
membership; annual renewal of nonresident membership is not guaranteed.
(4)
Pool season is from Memorial Day through Labor Day of any given year
unless extended by the Township.
(5)
Picatinny Arsenal fixes its own fees for membership.
(6)
All memberships issued under this § 17-1.3G hereof shall expire the day after Labor Day each year unless extended by the Township.
(7)
Caregiver membership. A regular Aquatic Park member may sponsor a
caregiver for the purpose of rendering direct care for a family member(s)
or individual. In order to access the Aquatic Park, the caregiver
must be accompanied by the sponsoring member. The caregiver has no
other rights or privileges normally afforded to a member. The fee
for the caregiver membership shall be $200 per season and is not transferable.
[Ord. No. 6-5-80 § 62A-3; Ord. No. 11-24-81; Ord.
No. O-20-14]
A.
A permit shall be required for planned gatherings of between 25 and
49 persons and/ or gatherings of any number of persons, not to exceed
49, who may be in the possession of or who are consuming alcoholic
beverages. No such utilization of the Township parks and recreational
facilities shall be permitted without the receipt of such a permit.
(1)
Any person or entity seeking issuance of a permit shall file an application
with the Department of Parks and Recreation stating the following:
(a)
The name and address of the applicant.
(b)
The name and address of the person, corporation, or association
sponsoring the activity, if any.
(c)
The days and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
The specifics with respect to use of alcoholic beverage, if
any, including amount, type of container, plan for removal of refuse,
and such other information as shall be requested by the Department
of Parks and Recreation.
(f)
Any other information which the Department of Parks and Recreation
shall find reasonably necessary to a fair determination as to whether
a permit should be issued hereunder.
(2)
The Police Department shall review and approve the application before
issuance of a permit and shall further enforce compliance with the
terms thereof and the provisions of this section.
B.
Security deposit. Each person or entity obtaining a permit as aforesaid
shall post with the Township a security deposit of $25 to be refunded
after the event less any expenses of the Township associated with
the event, if any.
C.
Within five days after the receipt of an application, the Department of Parks and Recreation shall appraise an applicant in writing of its reasons for refusing a permit and any aggrieved person shall have the right to appeal to the Township Council by serving written notice on the Township Clerk within five days of the refusal. A copy of the notice shall also be served on the Department of Parks and Recreation within the same time and the Department shall immediately forward the application and the reasons for its refusal to the Township Clerk. The Township Council shall consider the application under the standards set forth under § 17-1.4B and sustain or overrule the Department of Recreation's decision within 10 days from the receipt of the appeal by him. The decision of the Township Council shall be final.
D.
A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
the permits.
E.
The person(s) to whom the permit is issued shall be liable for all
loss, damage, or injury sustained by any person whatever by reason
of the negligence of the person(s) to whom such permit shall have
been issued.
The Department of Parks and Recreation shall have the right
to require any permittee to submit evidence of liability insurance
covering injuries to members of the general public arising out of
such permitted activities in such amounts as may be determined by
the Department of Parks and Recreation prior to the commencement of
any activity of issuance of any permit.
F.
The Department of Recreation shall have the authority to revoke a
permit upon finding of violation of any rule or ordinance, or upon
good cause shown.
A.
All applicable Township ordinances, state laws, and Department rules
and regulations shall be considered part of this section. No part
of this section shall imply a relaxing of any ordinance. Any person
using the parks shall accept the provisions of all applicable Township
ordinances, state laws, and Department of Parks and Recreation rules
and regulations.
B.
Notwithstanding the foregoing, the rules and regulations of the Township
Parks and Recreation Department, copies of which are filed with the
Township Clerk, relating to beach rules and regulations and the recreation
areas of the Township, as the same may be amended from time to time,
which amendments will be filed with the Township Clerk, are hereby
adopted by reference.
C.
Beach tags for Township-operated swimming and wading recreational
facilities shall be $15 per person for residents per season and a
guest fee of $2 per guest per day.
[Ord. No. 6-5-80 § 62A-4]
A.
The Department of Parks and Recreation attendants shall, in connection
with their duties imposed by law, diligently enforce the provisions
of this section.
B.
The Department of Parks and Recreation and any park attendant shall
have the authority to eject from the park area any person(s) acting
in violation of this section.
C.
The Department of Parks and Recreation and any park attendant shall
have the authority to seize and confiscate any property, thing or
device in the park, or used in violation of this section.
D.
This section shall also be enforced by the Township Police Department.
[Ord. No. 6-5-80 § 62A-5]
B.
Any person who shall violate any ordinance shall be subjected to
arrest and trial before the Municipal Court.
C.
Each and every day in which a violation of any provision of this
article occurs shall constitute a separate violation.
D.
Notwithstanding the foregoing, the Department of Parks and Recreation
is authorized to establish fines which shall be due and owing upon
the failure to return pursuant to the terms established by the Department,
equipment owned and furnished by the Township.
[Ord. No. O-20-16]
A.
Definitions. The references to various types of water crafts and
their means of propulsion that are used in this section shall have
the identical meanings applied to each in N.J.S.A. 12:7-71 and N.J.S.A.
12:7-62.
[Ord. No. O-20-16]
Anyone operating a personal watercraft, other power vessel,
vessel or watercraft on waters within or bounding Rockaway Township,
which are allowed hereinafter, shall strictly adhere to all applicable
registration, licensing, operation, regulations, and safety provisions
of Title 12 of the New Jersey Statutes and/or the provisions of all
other applicable law.
[1971 Code § 60-1, § 60-2; Ord. No. 8-7-73; Ord. No. O-20-16]
A.
Limitations stated; exceptions. Pursuant to the provisions of N.J.S.A. 40:48-1, and in strict compliance with the regulations set forth in Title 12 of the New Jersey Statutes, the following regulations are imposed with respect to personal watercraft and other power vessels, and with respect to muscle powered watercraft/vessels allowed hereby to be operated upon waters within or bounding Rockaway Township as specific exceptions to the general prohibitions of Section 17-1.1A(25), as amended;
(1)
Nothing in this section shall be construed as allowing jet skis to
be brought into or operated upon any waters located within or bounding
Rockway Township.
(2)
Personal watercraft without restrictions as to watercraft size, combustible
engine horsepower, or electric motors' pounds of output thrust;
and, muscle-powered watercraft, including but not limited to canoes,
row boats, kayaks, rafts, and sailboats shall be allowed to be operated
on Green Pond.
(a)
Except for emergency and patrol boats, personal watercraft under
16 feet in length and having a combustible engine of less than 10
horsepower or an electric motor with an output thrust not to exceed
80 pounds; and muscle-powered watercraft, including but not limited
to canoes, row boats, kayaks, rafts, and sailboats under 16 feet in
length, shall be allowed to be operated on White Meadow Lake.
(3)
Except as otherwise set forth in Subsection 17-2.2A(2) hereof, on and after the date of the adoption of this section, no power vessel shall be operated upon any waters within or bounding Rockaway Township, unless such power vessel is equipped with an electric motor having an output thrust which does not exceed 80 pounds; and, no power vessel or muscle-powered watercraft, including but not limited to canoes, row boats, kayaks, rafts, and sailboats that are greater than 16 feet in length (except for emergency and patrol boats) shall be operated on any waters in or bounding the Township.
(4)
Subject to compliance with the applicable provisions of Title 12 and with the vessel size and motor output limitations of Subsection 17-2.2A(3) hereof, the operation of power vessels and muscle-powered watercraft, including but not limited to canoes, row boats, kayaks, rafts, and sailboats, shall be allowed to be operated upon specific waters located within the Township as follows:
B.
Operation of any watercraft which is allowed upon the waters of Rockaway Township, which are specifically identified in Subsection 17-2.2A(1) and (3) hereof, shall be undertaken in strict compliance with regulations established by the Department of Recreation and Parks, and shall be undertaken between the hours of the day as shall be designated by the Department of Recreation and Parks for each individual body of water in which watercraft operation is allowed.
C.
Purpose of limitations. The limitations upon boat size and/or motor
limitations of power vessels and muscle-powered watercraft operated
upon specific waters located within or bounding the Township have
been enacted hereby in order to safeguard the lives and property of
citizens and residents of Rockaway Township.
[1971 Code §§ 60-6, 60-7; Ord. No. O-20-16]
A.
Requisites for special permits. The provisions of § 17-2.2A, B, and C hereof shall not be applicable when all of the following conditions have been met:
(1)
The Township Council, upon application in writing, grants a permit
for a water-skiing or water sports show by fraternal or civic associations,
fair associations or other organizations or groups of individuals
approved by the Council.
(2)
The permittee shall have posted surety in form and amount agreeable
to the Council, conditioned for the payment of all damages which may
be caused either to a person(s) or to property by reason of a water-skiing
or water sports show, and arising from any acts of permittee, its
agents, employees or subcontractors. Such surety shall run to the
Township and shall be for the use and benefit of any person, persons
or the owner or owners of any property so damaged, who is or are authorized
to maintain an action thereon, or his or their heirs, executors, administrators,
successors or assigns. Such surety shall also hold the Township harmless
from any suit or claim for damages by reason of injury to a person
or persons or damage to property by virtue of a water-skiing or water
sports show.
B.
Rules and regulations. As a condition to the issuance of the permit,
the Council may prescribe any rules and regulations that in its discretion
it may deem advisable to impose upon the permittee.
[1]
Note: The Official Map for Public Parks and Playgrounds of
the Township is on file in the office of the Township Clerk.
[Ord. No. 12-18-73 § 62-1]
This section shall be known as the "Official Map for Public
Parks and Playgrounds of the Township."
[Ord. No. 12-18-73 § 62-2]
The establishment of an Official Map for Public Parks and Playgrounds
of the Township of Rockaway showing the location and extent of public
parks and playgrounds, whether existing or proposed, is declared to
be for the purpose of conserving and promoting the public health and
safety, morals and general welfare of the Township.
[Ord. No. 12-18-73 § 62-3]
As used in this section:
The map adopted by this section entitled "Official Map,"
or any subsequent amendments thereto, showing the location and extent
of certain public parks or school parks, whether existing or proposed.
The map of any subdivision or subdivisions.
Any land used or intended to be used for park, recreation,
play areas, school park, playground, land conservation or other public
uses.
The creation or combination of a parcel or parcels of land
as defined and regulated by the Subdivision of Land Ordinance of the
Town Code of Rockaway Township, as amended.
[Ord. No. 12-18-73 § 62-4]
The Official Map of the Township is hereby adopted and is made
a part hereof as if fully set forth herein. It shall be deemed conclusive
with respect to the location and extent of public parks or playgrounds
shown thereon, whether existing or proposed, and whether improved
or unimproved. The Official Map shall not be deemed conclusive with
respect to the names, widths, or locations of any street, avenue,
boulevard, road, lane, parkway, viaduct, alley or other way; and any
streets shown on the Official Map are shown only for the purposes
of identifying the location and extent of public parks and playgrounds
shown thereon.
[Ord. No. 12-18-73 § 62-5]
After the effective date of this section, upon the application
for approval of a plat, the Township may reserve for future use the
location and extent of public parks and playgrounds shown on the Official
Map and within the area of the plat, for a period of one year after
the approval of the final plat or within such further time as may
be agreed to by the applying party. Unless within such one-year period,
or any extension thereof, the municipality shall have entered into
a contract to purchase, or instituted condemnation proceedings for,
the park or playground according to law, such applying party shall
not be bound to observe the reservation of such public parks or playgrounds
set forth on the Official Map. During the period of one year, or any
extension thereof, the applicant for plat approval, and his assigns
and successors in interest, may use the area so reserved for any purpose
other than the location of buildings or improvements thereon, consistent
with the Township Zoning Ordinance; provided, however, that the topography
and the trees and shrubs thereon shall not be changed, altered, destroyed
or removed without the prior consent in writing of the Township Planning
Board upon application by the applying party.
[Ord. No. 12-18-73 § 62-6]
No permits for the erection of any building(s) shall be issued
by the Building Official on or for any land(s) reserved on the Official
Map, if the land(s) shall not be part of a subdivision, for a period
of one year from the date of application for the permit. No permits
for the erection of any building(s) shall be issued by the Building
Official on or for any land(s) reserved on the Official Map, if the
land(s) shall be part of a subdivision, for a period of one year from
the date of approval of a final plat. In either case, the applying
party may agree to an extension(s) of the one-year period. Unless
within the one-year period, or any extension thereof, the Township
shall have entered into a contract to purchase, or instituted condemnation
proceedings for, the park or playground according to law, the applying
party shall not be bound to observe the reservation of such public
parks or playgrounds. During such period of one year, or any extension
thereof, the applicant for plat approval and his assigns and successors
in interest may use the area reserved for any purpose other than the
location of buildings or improvements thereon, consistent with the
Zoning Ordinance provided, however, that the topography thereof and
the trees and shrubs thereon shall not be changed, altered, destroyed
or removed without prior consent in writing by the Planning Board
upon application by the applying party.
[Ord. No. 12-18-73 § 62-7]
This section shall not be construed to limit any power or powers
otherwise granted to the Township of Rockaway or to the Board of Adjustment
of the Township of Rockaway set forth in the Official Map and Building
Permit Act (1953) contained in N.J.S.A. 40:55-1.30 et seq.
