[G.O. No. 1226, § 1; G.O. No. 1125, § 1]
This article shall be known as the "Official Map Ordinance for
public parks and playgrounds of the Town of Westfield," and the map
adopted hereby shall be known as the "Official Map for Public Parks
and Playgrounds of the Town of Westfield."
[G.O. No. 1226, § 1; G.O. No. 1125, § 3]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The map adopted by this article entitled "Official Map, Town
of Westfield, Union County, New Jersey," dated March, 1975, and prepared
by Robert Catlin and Associates, City Planning Consultants, Rockaway,
New Jersey, or any subsequent amendments thereto; showing the location
and extent of certain public parks and playgrounds, whether existing
or proposed; a copy of which map is annexed hereto and made a part
hereof.
The map of any subdivision.
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 parcels of land as defined and regulated by the Subdivision of Land Ordinance, as set out in Chapter 25 of this Code.
[G.O. No. 1226, § 1; G.O. No. 1125, § 2]
The establishment of an official map for public parks and playgrounds
of the Town 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 Town.
[G.O. No. 1226, § 1; G.O. No. 1125, § 4]
The official map of the Town 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; nor shall it be
deemed conclusive with respect to the location, width nor extent of
drainage rights-of-way, flood control basins or scenic and historic
sites which may be shown thereon; 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.
[G.O. No. 1226, § 1; G.O. No. 1125, § 5]
After the effective date of this article,[1] upon the application for approval of the plat, the Town
may reserve for future public use the location and extent of public
parks and playgrounds, or any part thereof, shown on the official
map, and within the area of such 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 extension thereof, the municipality shall have entered into a contract
to purchase, or instituted condemnation proceedings, for the tract
or parcel of land or property so reserved for any of such purposes,
according to law, such applying party shall not be bound to observe
the reservation of such tract or parcel of land or property set forth
on the official map. 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 so reserved for any purpose other than
the location of buildings or improvements thereon, consistent with
the Town Zoning Ordinance heretofore or hereafter adopted, and with
New Jersey Statutes Annotated, Section 40:55-1.38; provided, that
the topography thereof and the trees and shrubs thereon shall not
be changed, altered, destroyed or removed without the prior consent
in writing of the Planning Board of the Town upon application by the
applying party.
[1]
Editor's Note: Ordinance No. 1125, from which this section
is derived, was enacted 5-13-1976.
[G.O. No. 1226, § 1; G.O. No. 1125, § 6]
No permits for the erection of any building shall be issued
by the building official of the Town on or for any land so reserved
on the official map, if such land shall not be part of a subdivision,
for a period of one year from the date of application for such permit.
No permits for the erection of any building shall be issued by the
building official of the Town on or for any land reserved on the official
map, if such land shall be part of a subdivision, for a period of
one year from the date of approval of the final plat. In either case,
the applying party may agree to extensions of such one-year period.
Unless within such one-year period, or any extension thereof, the
Town shall have entered into a contract to purchase, or instituted
condemnation proceedings, according to law, for the tract or parcel
of land or property so reserved for such purposes, such 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 so reserved for any purpose other than
the location of buildings or improvements thereon, consistent with
the Town Zoning Ordinance heretofore or hereafter adopted; and the
New Jersey Statutes Annotated, Section 40:55-1.38; provided that the
topography thereof and the trees and shrubs thereon shall not be changed,
altered, destroyed or removed without prior consent in writing of
the Planning Board of the Town upon application by the applying party.
[G.O. No. 1226, § 1; G.O. No. 1125, § 7]
This article shall not be construed to limit any power otherwise
granted to the Town or to the Planning Board and Board of Adjustment
of the Town set forth in the "Official Map and Building Permit Act
(1953)" contained in New Jersey Statutes Annotated, Section 40:55-1.30
et seq., nor to vary any of the limitations, conditions or requirements
established by the provisions of the such statutes.
[G.O. No. 1690, § I]
(a)
The following municipally owned real estate shall be dedicated to,
and used for, the public purpose of a bird sanctuary and nature park:
[Amended 9-10-2013 by
G.O. No. 2012]
(b)
The foregoing shall collectively be known as the Dunham Avenue Bird
Sanctuary.
(c)
This designation is being made to take advantage of the provision
of N.J.S.A. 52:27D — 301.1 as amended, it being the intention
that this land shall be used for a public purpose other than housing.
