A.
The governing body may by ordinance adopt or amend an Official Map of Buena Borough, based on the provisions of the Master Plan in accordance with the provisions of N.J.S.A. 40:55D-32 and § 150-30 of this chapter.
B.
Prior to the hearing on the adoption or amendment, the governing
body shall refer said proposed Official Map or amendment to the Planning
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, Buena Borough 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 which is affected by the provisions of the Official
Map cannot yield a reasonable return to the owner unless a building
permit is granted, the Zoning Board of Adjustment may 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
the minimum change to the Official Map; and the Board shall impose
reasonable requirements to protect the public interest as a condition
of approval.
C.
Application or appeals pursuant to this section shall be subject
to the provisions of N.J.S.A. 40:55D-72 through 40:55D-75 under Zoning
Board of Adjustment.
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 Planning 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 under 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 July 1, 1964, the date establishing the first Planning Board
in Buena Borough, shall not be considered part of the Official Map
unless they are approved by the Planning 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 this chapter, which are shown on
maps filed prior to July 1, 1964, 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 § 150-45 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 Zoning Board of Adjustment may vary the application of § 150-45 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 the circulation plan element of the Master Plan.
