A.
There is hereby readopted, pursuant to the provisions of N.J.S.A.
40:55D-32, the document known as "The Official Map of the City of
Lambertville" which was adopted by the Governing Body of the City
of Lambertville on November 15th, 1971.
B.
Said official map shall be deemed conclusive with respect to the
location and width of streets and public drainage ways 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. Upon receiving an application for
development, the City may reserve for future use, the aforesaid streets,
ways, basins, and areas in the manner provided in § 603
of this Ordinance.
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 drainage way, flood control basin or public
area reserved pursuant to § 501 of this Ordinance as shown
on the official map, or shown on a plat filed pursuant to this Ordinance
before adoption of the official map, except as provided herein. Whenever
one or more parcels of land, upon which is located the bed of such
mapped street or public drainage way, flood control basin or public
area reserved pursuant to § 501 hereof, cannot yield a reasonable
return to the owner unless a building permit is granted, the Board
of Adjustment 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 in the bed of such
mapped or public drainage way or flood control basin or public area
reserved pursuant to § 501 hereof, which will as little
as practicable increase the cost of opening such street, or tend to
cause a 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.
Sections 804 through 808 of this Ordinance shall apply to applications
or appeals pursuant to this section.
No permit for the erection of a 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 municipal
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 Ordinance
or its predecessor 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, 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 guarantee, 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 circumstances of the particular street and conforms with the
standards of the Access Management Codes pursuant to N.J.S.A. 40:55D-35.
[Ord. No. 2002-13 § 3a]
Where the enforcement of § 503 hereof would entail
practical difficulty or unnecessary hardship, or where the circumstances
or the case do not require the building or structure to be related
to a street the Board of Adjustment may upon application or appeal
vary the application of § 503 hereof and direct the issuance
of a permit subject to conditions that will provide adequate access
for firefighting equipment, ambulances and other emergency vehicles
necessary for the protection of health and safety and that will protect
any future street layout shown on the official map or a general circulation
plan element of the municipal master plan.
Sections 804 through 808 of this Ordinance shall apply to applications
or appeals pursuant to this section.
