This article shall be known as the "Borough of Netcong Official Map Ordinance."
The map entitled "Official Map of the Borough of Netcong" on file in the office of the Borough Clerk and available therein to the public is hereby adopted as the Official Map for the Borough.
The establishment of an Official Map for the Borough showing the location and width of streets, roads and drainage rights-of-way and the location and extent of public parks and playgrounds and other public areas, whether existing or proposed, improved or unimproved, is declared to be for the purpose of conserving and promoting the public health, safety, morals and general welfare in the Borough.
The Official Map as adopted as part of this article shall be deemed conclusive with respect to the location and width of streets and drainage rights-of-way and the location and extent of public parks, playgrounds and other public areas shown thereon, whether existing or proposed, improved or unimproved.
The Planning Board, when considering an application for approval of a subdivision may reserve for future public use the location and extent of public parks and playgrounds shown on the Official Map, or any part thereof within the area of the subdivision for a period of one year after the final approval of the subdivision or within such further time as agreed to by the applicant. Unless within such period or extension thereof the Borough has entered into a contract to purchase or has instituted condemnation proceedings for such parks or playgrounds according to law, such applicant shall not be bound to observe the reservation of such public parks or playgrounds. During such period or extension thereof, the applicant 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.
No permit for the erection of any building shall be issued unless the building lot abuts a street which is indicated on the Official Map or, if not indicated thereon, such street is an existing state, county or municipal street or highway; a street shown upon a subdivision plat finally approved by the Planning Board; or a street on a plat duly filed in the office of the county recording officer prior to the passage of the Borough Land Subdivision Ordinance[1] or on a subdivision plat approved by the Mayor and Council prior to the enactment of the Subdivision Ordinance. Before any permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the Mayor and Council, or such suitable improvement shall have been assured by means of a performance guaranty for a cash payment equal to the Borough Engineer's estimate of costs in accordance with the standards, specifications and procedures set forth in Article V, § 194-23.
[1]
Editor's Note: See Article VII, Subdivision of Land.
A. 
No permit for the erection of any building shall be issued in the bed of any existing or proposed street or drainage right-of-way shown on the Official Map.
B. 
No permit for the erection of any building shall be issued on any land reserved as a public park, playground or other public area by the Official Map for a period of one year after application for said permit or for such further time as agreed to by the applicant. Unless within such period or extension thereof the Borough shall have entered into a contract to purchase or instituted condemnation proceedings for the park or playground according to law, such applicant shall not be bound to observe the reservation of such public parks or playgrounds. During the one-year period or extension thereof, the applicant 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.
[Amended 12-10-1996 by Ord. No. 96-14]
A. 
Whenever the enforcement of reservations made pursuant to this article creates a situation where property cannot yield a reasonable return unless a building permit is issued or where such enforcement would entail practical difficulty or unnecessary hardship, the applicant may appeal for the issuance of a permit to the Planning Board. The same provisions shall apply to such appeals and to the Board regarding the Official Map as are provided in cases of appeals in respect to the Zoning Ordinance.
B. 
Whenever the enforcement of this article would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require a building to be related to a street, the applicant may appeal for the issuance of a building permit to the Planning Board. The same provisions shall apply to such appeals and to the Board as provided in respect to the Zoning Ordinance; provided, however, that in determining such appeal, the Board shall only issue a permit subject to conditions that will assure adequate access for emergency vehicles at all times and under all conditions for the protection of health and safety. No such permit shall affect any future street layout shown on the Official Map or Master Plan of the Borough.