[Amended 2-29-03 by Ord. No. 2152]
Pursuant to N.J.S.A. 40:55D-1 et seq., there is hereby established
an official map which is titled "Official Map, Borough of Somerville,
Somerset County, New Jersey," dated July, 2007, now filed in the office
of the Borough Clerk. The Official Map shall be deemed conclusive
with respect to the location and width of public areas, whether or
not such areas are improved or unimproved or are in actual physical
existence.
If the Borough Master Plan or Official Map provides for the
reservation of designated streets, public drainage ways, flood control
basins, or public areas within the proposed development, the Board
may require that such streets, ways, basins or areas be shown on the
plat in locations and sizes suitable to their intended uses before
approving the subdivision or site plan. The following provisions shall
apply to the such reservation:
A. The Board may reserve the location and extent of such streets, ways,
basins or areas shown on the plat for a period of one (1) year after
the approval of the final plat or within such further time as may
be agreed to by the developer.
B. Unless during such period or extension thereof the Borough shall
have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations.
C. The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation. The determination of such fair market value
shall include, but not be limited to, consideration of the real property
taxes apportioned to the land reserved and prorated for the period
of reservation.
D. The developer shall be compensated for the reasonable increased cost
of legal, engineering, or other professional services incurred in
connection with obtaining subdivision approval or site plan approval,
as the case may be, caused by the reservation of areas on the Master
Plan or Official Map.
E. The provisions of this section shall not apply to streets and roads,
flood control basins or public drainage ways necessitated by the subdivision
or land development and required for final approval.
For the purpose of preserving the integrity of the Official
Map of the Borough of Somerville, no permit shall be issued for any
building or structure in any public area as shown on the Official
Map or shown on a plat filed pursuant to this chapter before adoption
of the Official Map.
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure. Such street shall have been duly placed on
the Official Map or shall be (1) an existing State, County or Borough
street or highway, or (2) a street shown upon a plat approved by the
Planning Board, or (3) a street on a plat duly filed in the office
of the County Recording Officer prior to the passage of this chapter
or any prior law which required prior approval of plats by the Governing
Body or other authorized body. Before any such permit shall be issued,
(1) such street shall have been certified to be suitably improved
to the satisfaction of the Governing Body or such suitable improvement
shall have been assured by means of a performance guaranty in accordance
with standards and specifications for road improvements approved by
the Governing Body, as adequate in respect to the public health, safety
and general welfare of the special circumstance of the particular
street and, (2) it shall have been established that the proposed access
conforms with the standards of the any access management code adopted
pursuant to the State Highway Access Management Act by the Commissioner
of Transportation in the case of a State highway, with the standards
of any access management code adopted by the County in the case of
a County road or highway, and with the standards of any Borough access
management code adopted in the case of a Borough street or highway.
Relief from the decisions of any administrative officer involving the provisions of this Article may be appealed in accordance with the procedures set forth in Article
VII, Appeals; provided that a developer may file an application for relief without prior application to an administrative officer, in accordance with the procedures set forth in Article
VII.