N.J. Admin. Code § 19:4-3.24

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:4-3.24 - Open space

(a) All open space, including yards, shall be landscaped with lawns, trees, shrubbery, and other appropriate plant material, unless such open space is wetlands. Uses shall be screened where required by these regulations and where otherwise necessary to ensure privacy, protect and enhance property values, or promote the general welfare.

(b) All open space, and facilities and structures thereon, shall be properly maintained.

(c) In the event that the applicant or his successors shall at any time after the issuance of occupancy certification fail to maintain any open space, the NJMC may serve written notice setting forth any failure to maintain the open space in a reasonable condition and said notice shall include a demand that such deficiencies of maintenance be cured within four weeks thereof and shall state the date and place of any hearing thereon which may be held. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said four weeks or any extension thereof, the NJMC, in order to preserve the taxable values of the surrounding properties and to prevent the open space from becoming a public nuisance, may enter upon the open space and maintain the same for a period of one year. Before the expiration of said year, the NJMC shall, upon its initiative or upon the request of the applicant, call a public hearing at which the applicant shall show cause why such maintenance by the NJMC shall not, at the election of the NJMC, continue for a succeeding year. If the NJMC shall determine that the applicant is ready and able to maintain the open space during the next succeeding year, and subject to a similar hearing and determination, in each year thereafter, the maintenance responsibility shall revert to the owner.

(d) The cost of such maintenance by the NJMC shall be assessed against the property maintained and shall become a lien on said property. The NJMC at the time of entering upon the open space for the purpose of maintenance, shall file a notice of such lien in the Office of the County Clerk upon the property affected by such lien.

N.J. Admin. Code § 19:4-3.24