The 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 Township of Hanover may reserve for
future public use the aforesaid streets, ways, basins and areas shown
on the plat or site plan for a period of one year after the approval
of the final plat or site plan or within such further time as may
be agreed to by the developer. Unless, during such period or extension
thereof, the Township shall have entered into a contract to purchase
or institute condemnation proceedings according to law for the fee
or a lesser interest in the land comprising such streets, ways, basins
or areas, the developer shall not be bound by such reservations shown
on the plat and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to streets and roads, flood-control basins or public
drainageways necessitated by the subdivision or land development and
required for final approval.
The approval by the Township by ordinance, under
the provisions of any law other than as contained in this article,
of the layout, widening, changing of course or closing of any street
or the widening or changing of course of any public drainageway or
changing the boundaries of a flood-control basin or public area shall
be subject to relevant provisions of this chapter and P.L. 1975, c.
291.
For the purpose of preserving the integrity of the Official Map of the Township of Hanover, 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 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 this section cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment 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 or flood-control basin or public area shown on the Official Map, 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 166-21 through 166-24 of this chapter shall apply to applications or appeals pursuant to this section.
No permit for the erection of any 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 Township street or highway or a street shown upon a plat 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 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 improvement shall
have been assured by means of a performance guaranty, 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.
Where the enforcement of § 166-216 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 Board of Adjustment may, upon application or appeal, vary the application of § 166-216 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 on a general circulation plan element of the Township Master Plan.
