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.
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.
