[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.
Where the enforcement of the above §
141-32 would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or other structure to be related to a street, the Board of Adjustment may, upon application or appeal, vary the application of §
141-32 above and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles.