The governing body for the Township of Berlin hereby adopts
and approves the map prepared by the Berlin Township consulting engineer
pursuant to N.J.S.A. 2C:35-7.1, which establishes and depicts the
location and boundaries of the area on or within 500 feet of a public
housing facility which is owned by or leased to a housing authority,
the area in or within 500 feet of a public park or the area in or
within 500 feet of a public building as defined in said statute for
purposes of enforcing and prosecuting violations of N.J.S.A. 2C:35-7.1.
This map, upon the adoption of this article, shall become an
official record of the Township of Berlin to be maintained and filed
with the office of the Berlin Township Clerk. A true copy of the map
shall be provided at a reasonable cost to any person, agency or court
which may from time to time request such a copy, together with a certification
from the Township Clerk or Deputy Clerk that the copy is a true copy
of the map approved and adopted herein and kept on file at the Township
Clerk's office. A certified copy of this map shall also be provided
at no cost to the County Clerk and Camden County Prosecutor.
The following additional matters are hereby determined and stated:
A. It is understood that the map approved and adopted pursuant to §
145-6 of this article was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such map shall constitute prima facie evidence of the following:
(1) The location of public housing facilities, public parks or public
buildings, as defined in N.J.S.A. 2C:35-7.1, within the municipality;
(2) The boundaries of the real property so identified;
(3) That such property is and continues to be used for the identified
purposes; and
(4) The location and boundaries of areas which are on or within 500 feet
of such property.
B. Pursuant to the provisions of N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to §
145-6 of this article. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public purposes and which is owned by or leased as defined public property, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a defined public entity, or that such property is not used for a defined public purpose.