A.Â
Under the provisions of this chapter and state statutes, the Borough
of Wood-Ridge, other governmental agencies, the Board of Education,
state, county and other public bodies can be designated to maintain
and accept public open space for recreational or conservational uses.
Where a subdivision or site plan is required, this chapter shall require
that the applicant provide for an organization for the ownership and
maintenance of any open space for the benefit of owners or residents
of the development if said open space is not dedicated to the municipality
or other governmental agency. Such organizations shall not be dissolved
and shall not dispose of any open space, by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space for the benefit of such development, and thereafter such
organization shall not be dissolved or dispose of any of its open
space without first offering to dedicate the same to the Borough of
Wood-Ridge wherein the land is located.
B.Â
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the administrative officer
may serve written notice upon the owners of the development setting
forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof and shall state the date and place of a hearing thereon,
if desired, which shall be held within 15 days of the notice. At such
hearing, the designated municipal body or administrative officer may
modify the terms of the original notice as to deficiencies and may
give a reasonable extension of time, not to exceed 65 days, within
which they may be cured. If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within the
said 35 days or any permitted extension thereof, the Borough, in order
to preserve the open space and maintain the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space, except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration of said year, the designated Borough body or
officer, as the case may be, shall, upon its initiative or upon the
request of the organization theretofore responsible for the maintenance
of the open space, call a public hearing upon 15 days' written
notice to such organization and to the owners of the development,
to be held by such Borough body or officer, at which hearing such
organization and the owners of the development shall show cause why
such maintenance by the Borough shall not, at the election of the
Borough, continue for a succeeding year. If the designated Borough
body or officer shall determine that such organization is ready and
able to maintain said open space in reasonable condition, the Borough
shall cease to maintain said open space at the end of said year. If
the Borough body or officer shall determine such organization is not
ready and able to maintain said open space in reasonable condition,
the Borough may, in its discretion, continue to maintain said open
space during the next succeeding year, subject to a similar hearing
and determination in each year thereafter. The decision of the Borough
body or officer in any such case shall constitute a final administrative
decision subject to judicial review.[1]
C.Â
The cost of such maintenance by the Borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed values
at the time of imposition of the lien and shall become a lien and
tax on said properties and shall be added to and be a part of the
taxes to be levied and assessed thereon and shall be enforced and
collected with interest by the same officers and in the same manner
as other taxes.
A.Â
If the land use plan or Master Plan of Wood-Ridge or the Official
Map of Wood-Ridge provides for the reservation of designated streets,
public drainageways, flood control basins or public areas within the
proposed development, before approving a subdivision or site plan
the approving authority may further require that such streets, ways,
basins or areas be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
in locations and sizes suitable for their intended uses. The approving
authority may reserve the location and extent of such streets, ways,
basins or areas shown on the plat for a period of one year after the
approval of the final plat or within such further times as may be
agreed to by the developer.
B.Â
Unless during such a period or extension thereof the government entity
having jurisdiction shall have entered into a contract to purchase
or institute condemnation proceedings according to law for the fee
or a lesser interest in the land comprising such streets, ways, basins
or areas, the applicant shall not be bound by such reservations shown
on the plat and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to the streets and roadways, flood control basins
or public drainageways necessitated by the subdivision or land development
and required for final approval.
The applicant shall be entitled to just compensation for actual
loss found to be caused by such temporary reservation and deprivation
of use. In such instances, unless a lesser amount has previously been
mutually agreed upon, "just compensation" shall be deemed to be fair
market value and shall include but not be limited to consideration
of real property taxes apportioned to the land reserved and prorated
for the period of reservation. The applicant shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval caused by the reservation.
