[Amended 12-30-2002 by Ord. No. 02-32]
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 way, flood control basin or public area reserved to the Official Map, or as shown on a plat filed pursuant to this chapter, before adoption of the Official Map, except that whenever one or more parcels of land upon which is located the bed of a mapped street or public drainageway, flood control basin or public area reserved as provided herein, cannot yield a reasonable return to the owner unless a building is permitted, the Board of Adjustment may, in a specific case, by affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of a construction permit for such building or structure in the bed of such mapped street, public drainageway or flood control basin or public area reserved as provided herein, which will as little as possible increase the cost of opening such street or tend to cause 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. The Board of Adjustment 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. 40:5D-60.