[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 5-4-1995 by Ord. No. 9-95. Amendments noted where applicable.]
The Mayor and Council of the Borough of Hopatcong
hereby find that the preservation of land for use as a natural area
promotes the public health, prosperity and general welfare and constitutes
an important social, ecological, economic and aesthetic asset to the
present and future residents of the Borough of Hopatcong, that the
lands available for such purpose are continually diminishing in supply
and are threatened by urban development and the expansion of population.
A.Â
The following properties owned by the Borough of Hopatcong and as currently designated on the Tax Maps of the Borough of Hopatcong are hereby designated as part of the Borough Natural Area Preserve and are regulated for that purpose as described in § 154-4 hereof:
|
Block
|
Lot
| ||
|---|---|---|---|
|
20002
|
4
| ||
|
40003
|
1*
| ||
|
40006
|
1
| ||
|
40006
|
3
| ||
|
*NOTE: All portions of this property which lie
within 500 feet of Sparta-Stanhope Road are excluded from the Natural
Area Preserve.
| |||
B.Â
All properties currently owned by the Borough of Hopatcong and all properties hereinafter acquired by the Borough of Hopatcong by any means which lie within the following Block designations (as shown on the current Tax Maps of the Borough of Hopatcong) are hereby designated as part of the Borough Natural Area Preserve and are regulated pursuant to § 154-4 hereof:
|
Block
| |
|---|---|
|
40306
| |
|
40307
| |
|
40308
| |
|
40309
| |
|
40310
| |
|
40311
| |
|
40312
| |
|
40313
| |
|
40314
| |
|
40315
| |
|
40317
| |
|
40501
| |
|
Block
| |
|
40502
| |
|
40503
| |
|
40504 lots 1-36 only
| |
|
40601
| |
|
40602
| |
|
40603
| |
|
40604
| |
|
40701
| |
|
40702
| |
|
40703
| |
|
40704
| |
|
40705
| |
|
Block
| |
|
40706
| |
|
40707
| |
|
40708
| |
|
40709
| |
|
40710
| |
|
40711
| |
|
40712
| |
|
40801
| |
|
40802
| |
|
40803
| |
|
40804
| |
|
40805
| |
|
40806
|
As used in this chapter, the following terms
shall have the meanings indicated:
The conservation commission constituted by ordinance (Chapter 5, Article II, of this Code) in the Borough of Hopatcong, pursuant to N.J.S.A. 40:56A-1 to 40:56A-5, for the purpose of protecting and developing natural resources within the municipality and whose powers and duties include obtaining and disseminating information as the means of preserving and restoring natural resources, including natural areas, recommending to the Mayor and Council plans and programs for the preservation and restoration of natural areas and, subject to that approval of the governing body, the supervision or implementation of such program.
A comprehensive environmental plan for the management, preservation
or restoration of a natural area. Said plan shall include recommended
permitted uses for the land lying within the Natural Area Preserve,
including the extent and motive of said uses and recommended prohibited
uses for said natural area. Said plan shall ensure that any permitted
uses in the Natural Area Preserve shall consider the fragile nature
of the environment contained therein.
An area of land or water which retains its primeval character
or, if previously disturbed, which is managed and preserved so as
to restore its primitive qualities.
Any person, firm, partnership, association, corporation,
organization or legal entity of any kind, including municipal corporations,
governmental agencies or subdivision.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites or fields.
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, card games, chess,
checkers and similar table games. Passive recreation can also mean
open space for nature walks and observation, running trails or nonmotorized
biking trails.
No use shall be made of the within described
Natural Area Preserve, except as may be set forth in a management
plan for the natural area as may be developed by the Environmental
Commission in consultation with the Borough Recreation Commission
and adopted by the Mayor and Council; provided, however, that only
such uses which are consistent with the preservation of a natural
area shall be allowed, including but not limited to the establishment
of a wildlife sanctuary or conservation area, the operation of programs
of ecological study or the study of natural sciences, the creation
of a place of refuge and passive recreation for the residents of the
Borough of Hopatcong. All other active recreational uses are expressly
prohibited, including but not limited to ballplaying, access by motor
vehicles (except emergency vehicles) and horseback riding. The Mayor
and Council may, by resolution, adopt specific regulations or guidelines
specifically defining prohibited and permitted uses within the Natural
Area Preserve.
The following are specifically permitted uses
within the Natural Area Preserve:
A.Â
The installation of a connector roadway from the Hopatcong
Hills area to the Sparta-Stanhope Road area.
B.Â
The sale of land adjacent to existing privately owned
substandard properties on the boundary of the natural area, provided
that said sale is made in accordance with New Jersey law and after
consultation with the Environmental Commission as to the impact of
said sale on the natural area.
C.Â
Any other uses as contained in the approved Natural
Area Management Plan.
D.Â
Public hunting pursuant to the requirements set forth in Chapter 100, Article I, entitled "Hunting on Municipally Owned Property," and in accordance with all of the laws, rules and regulations of the State of New Jersey and the Borough of Hopatcong.
[Added 9-19-2012 by Ord. No. 24-2012; amended 9-16-2015 by Ord. No. 27-2015]
The area designated under this chapter as a
natural area shall not be disposed of or diverted to a use other than
that provided for a natural area without the approval of the governing
body of the Borough of Hopatcong. A public hearing by the governing
body shall occur at least one month prior to such approval. Any such
hearing must be publicly advertised and specific notice of such hearing
shall be provided to the Borough Environmental Commission, Recreation
Commission and Planning Board.[1]
Any person violating or causing to be violated
any of the provisions of this chapter or a regulation adopted pursuant
to this chapter shall be punished by a minimum fine in the amount
of $100 and a maximum fine of $500 for each violation of this chapter.
Each day of such violation shall constitute a separate offense. Any
person violating the provisions of this chapter shall be liable to
the Borough for any expense, loss or damage caused to the Borough
by reason of such violation.
