The approval by the Borough by ordinance under
the provisions of any law other than as contained in this article
of the layout, widening, changing the course of or closing of any
street or the widening or changing the course of any public drainageway
or changing the boundaries of a flood control basin or public area
shall be subject to relevant provisions of N.J.S.A. 40:55D-1 et seq.
[Amended 12-10-2002 by Ord. No. 02-28]
A. For purpose of preserving the integrity of the Official
Map of the Borough, no permit shall be issued for any building or
structure in the bed of any street or public drainageway, flood control
basin or public area reserved pursuant to N.J.S.A. 40:55D-32 et seq.
as shown on the Official Map, or shown on a plat filed pursuant to
this chapter before adoption of the Official Map, except as herein
provided. Whenever one or more parcels of land, upon which is located
the bed of such a mapped street or public drainageway, flood control
basin or public area reserved pursuant to N.J.S.A. 40:55D-32 cannot
yield a reasonable return to the owner unless a building permit is
granted, the Planning Board, may, in a specific case, by an affirmative
vote of a majority of the full authorized membership of the Board,
direct the issuance of a permit for a structure in the bed of such
mapped street or public drainageway or flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32 which will as little
as practicable increase the cost of opening such street, or tend to
cause a minimum change of the Official Map, and the Board shall impose
reasonable requirements as a condition of granting the permit so as
to promote the health, morals, safety and general welfare of the public.
B. The Planning Board shall not exercise the power otherwise
granted by this section if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to N.J.S.A. 40:55D-60.
No permit for the erection of any structure
shall be issued unless the lot abuts a street giving access to such
proposed structure. Such street shall have been duly placed on the
Official Map or shall be:
A. An existing state, county or municipal street or highway;
B. A street shown upon a plat approved by the Planning
Board; or
C. A street on a plat duly filed in the office of the
county recording officer prior to the passage of an ordinance under
this act or any prior law which required prior approval of plats by
the governing body or other authorized body. Before any such permit
shall be issued, such street shall have been certified to be suitably
improved to the satisfaction of the governing body, or such suitable
improvements shall have been assured by means of a performance guarantee,
in accordance with standards and specifications for road improvements
approved by the governing body, as adequate in respect to the public
health, safety and general welfare of the special circumstance of
the particular street.