North Haledon City Zoning Code
ARTICLE VII
Open-Space District
§ 600-25 Definitions.
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.
§ 600-26 Permitted uses.
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.
§ 600-27 Construal of provisions.
§ 600-28 Rezoning of districts.
A.
The following described premises located within the RA-1 District shall be and are hereby rezoned to the Open-Space District:
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": | ||
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 | ||
Being known as Lot 24, Block 31, as shown on the Tax Assessment Map of the Borough of North Haledon, containing 28.67 acres | ||
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."