A.
There is hereby adopted, pursuant to the provisions
of N.J.S.A. 40:55D-32 et seq., a document known as the "Official Map
of the Borough of Stanhope."
B.
Said Official Map shall be deemed conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence. Upon receiving an application for development, the Borough may reserve for future use the aforesaid streets, ways, basins and areas in the manner provided in § 100-36 of this chapter.
[Amended 5-28-2002 by Ord. No. 2002-5]
For purposes of preserving the integrity of the Official Map, 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 § 100-29 of this chapter as shown on the Official Map or shown on a plat filed pursuant to this chapter before adoption of the Official Map, except as provided herein. Whenever one or more parcels of land upon which is located the bed of such mapped street or public drainageway, flood control basin or public area reserved pursuant to § 100-29 hereof 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 building or structure in the bed of such mapped street or public drainageway, flood control basin or public area reserved pursuant to § 100-29 hereof 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. Sections 100-105 through 100-108 of this chapter shall apply to applications or appeals pursuant to this section.
No permit for the erection of a building or
structure shall be issued unless the lot abuts a street giving access
to such proposed building or structure. Such street shall have been
duly placed on the Official Map or shall be an existing state, county
or municipal street or highway or a street shown upon a plot 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 this chapter
or its predecessor 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 Borough Council
or such suitable improvement shall have been assured by means of a
performance guaranty, in accordance with standards and specifications
for road improvements approved by the Borough Council, as adequate
in respect to the public health, safety and general welfare of the
special circumstances of the particular street.
[Amended 5-28-2002 by Ord. No. 2002-5]
Where the enforcement of § 100-31 hereof would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street, the Planning Board may, upon application or appeal, vary the application of § 100-31 hereof and direct the issuance of a permit, subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or general circulation plan element of the Municipal Master Plan pursuant to § 100-24B(4) of this chapter. Sections 100-105 through 100-108 of this chapter shall apply to applications or appeals pursuant to this section.
