A.
The governing body may by ordinance adopt or amend
an Official Map of the Borough of Seaside Heights, based on the provisions
of the Master Plan in accordance with the provisions of N.J.S.A. 40:55D-32
and relevant sections of this chapter.
B.
Prior to the hearing on the adoption or amendment
of any Official Map, the governing body shall refer said proposed
Official Map or amendment to the Land Use Board pursuant to the requirements
of N.J.S.A. 40:55D-26.
C.
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.
D.
Upon receiving an application for development, the
Borough of Seaside Heights may reserve for future public use the aforesaid
in accordance with N.J.S.A. 40:55D-44.
An ordinance pertaining to the Official Map
shall not be approved under the provisions of any law other than as
contained herein.
A.
To preserve the integrity of the Official Map, no
permit shall be issued for any building or structure in the bed of
any street, drainageway, flood control basin or public area reserved
on the Official Map, except as herein provided.
B.
Whenever land, upon which is located the bed of such
a mapped street or public drainageway, flood control basin or public
area reserved in the Official Map, cannot yield a reasonable return
to the owner unless a building permit is granted, the Land Use 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 thereon in such manner as will
minimize the increase of the cost of opening such street or cause
a minimum change of the Official Map; and the Board shall impose reasonable
requirements to protect the public health, morals, safety and general
welfare as a condition of approval.
A.
No permit to erect a building or structure shall be
issued unless the lot abuts a street giving access to such proposed
building or structure and is shown on the Official Map or is an existing
state, county or Borough street or a street shown on a plan duly approved
by the Land Use Board or a street duly filed in the County Recorder's
office prior to the adoption of this chapter.
B.
Before the issuance of a permit, the street shall
be certified to be suitably improved or assured under performance
guaranty or surety to be improved in accordance with standards and
specifications for road improvements set forth herein; and the proposed
access must be shown to conform to the standards addressed in N.J.S.A.
40:55D-35.
A.
Streets which have never been opened, which are shown
on maps filed prior to the date establishing the first Land Use Board
in the Borough of Seaside Heights, shall not be considered part of
the Official Map unless and until they are approved by the Land Use
Board, accepted by the governing body, improved to the standards set
forth herein and dedicated by ordinance for general public use. The
Borough shall reserve the right to vacate such paper streets.
B.
Streets which have been used by the general public
continuously for 20 years prior to the adoption of the Borough of
Seaside Heights land use ordinances, which are shown on maps filed
prior to the date establishing the first Land Use Board, that have
not been constructed to standard shall be constructed to the standards
set by this chapter prior to development approval of the adjacent
lands.
A.
Where enforcement of § 246-32 above would cause practical difficulty or unnecessary hardship, or where circumstances of the case do not require the building or structure to be related to a street, the Land Use Board may, upon application or appeal, vary the application of § 246-32 and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment and emergency vehicles and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Borough of Seaside Heights Master Plan.
B.
Applications or appeals pursuant to this section shall
be subject to the provisions of N.J.S.A. 40:55D-72 through N.J.S.A.
40:55D-75 and the corresponding provisions of this chapter.
