[HISTORY: Adopted by the Mayor and Council
of the Borough of Montvale 10-12-1971 by Ord. No. 592 (Ch. 59 of the 1966 Code).
Amendments noted where applicable.]
This chapter shall be known as the "Official
Map Ordinance of the Borough of Montvale."
The establishment of the Official Map of the
Borough of Montvale is declared to be for the purpose of conserving
and promoting the public health, safety, morals and general welfare.
For the purpose of this chapter, the following
terms shall mean:
The map of a subdivision.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., or a street or way on a plat
duly filed and recorded in the office of the County Recording Officer
prior to the appointment of a Planning Board, and the grant to such
Board of the power to review plats, and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development; except that
the following divisions shall not be considered subdivisions; provided,
however, that no new streets or roads are involved, divisions of land
for agricultural purposes where the resulting parcels are three acres
or larger in size, divisions of property by testamentary or interstate
provisions or divisions of property upon court order. "Subdivision"
also includes resubdivision and, where appropriate to the context,
relates to the process of subdividing or to the lands or territory
divided.
The map adopted by this chapter or any subsequent amendment
thereto, showing the location and width of streets and drainage rights-of-way,
and the location and extent of public parks and playgrounds whether
existing or proposed.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse,
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage, in accordance with Chapter
16A, Flood Control, of Title 58, N.J.S.A. 58:16A-1 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Official Map of the Borough of Montvale
is hereby adopted and is made a part hereof as if fully set forth
herein. It shall be deemed conclusive with respect to the location
and width of streets and drainage rights-of-way, and the location
and extent of public parks and playgrounds shown thereon, whether
such streets, drainage rights-of-way, parks or playgrounds are improved
or unimproved.
After the effective date of this chapter, upon the application for approval of a plat, the Borough of Montvale may reserve for future public use the location and extent of public parks and playgrounds shown on the Official Map, or any part thereof, and within the area of said plant for a period of one year after the approval of the final plat, or within such further time as agreed to by the applying party. Unless within such one-year period, or extension thereof, the Borough shall have entered into a contract to purchase, or instituted condemnation proceedings for said park or playground according to law, such applying party shall not be bound to observe the reservation of such public parks or playgrounds. During such period of one year or any extension thereof, the applicant for the plat approval and his assigns and successors in interest may use the area so reserved for any purpose other than the location of buildings or improvements thereon consistent with Chapter 400, Zoning, of the Code of the Borough of Montvale; provided, however, that the topography thereof and the trees and shrubs thereon shall not be changed, altered, destroyed or removed without prior written consent of the Montvale Planning Board.
No permit for the erection of any building shall be issued on or for any land or lands reserved for public park or playgrounds on the Official Map, if said land or lands shall not be part of a subdivision, for a period of one year from the date of application of said permit. No permits for the erection of any building shall be issued on or for any land or lands reserved as a public park or playground on the Official Map if said lands shall be part of a subdivision for a period of one year from the date of approval of a final plat. In either case, the applying party may agree to an extension of said one-year period. Unless within such one-year period, or any extension thereof, the Borough of Montvale shall have entered into a contract to purchase or instituted condemnation proceedings for said public park or playground according to law, such applying parties shall not be bound to observe the reservation of such public park or playgrounds. During such one-year period, or any extension thereof, the applicant and his assigns and successors in interest may use the area so reserved for any purpose, other than the location of buildings or improvements thereon, consistent with Chapter 400, Zoning, of the Code of the Borough of Montvale; provided, however, that the topography thereof and the trees and shrubs thereon shall not be changed, altered, destroyed or removed without prior written consent of the Montvale Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
For the purpose of preserving the integrity of the Official Map of the Borough of Montvale, no permit shall be issued for any building in the bed of any street or drainage right-of-way shown on the Official Map, or on a plat filed pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., before adoption of the Official Map, except as herein provided. Whenever one or more parcels of land upon which is located the bed of such a mapped street or drainage right-of-way, or any park or playground location reserved pursuant to § 280-6 hereof, cannot yield a reasonable return to the owner unless a building permit be granted, the Montvale Planning Board may, in a specific case by the vote of a majority of its members, grant a permit for a building in the bed of such mapped street or drainage right-of-way, or within such reserved location of a public park or playground, 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 and shall inure to the benefit of the municipality.
Before taking any action authorized in § 280-7, the Planning Board shall hold a public hearing at which parties in interest and others shall have an opportunity to be heard. At least 10 days' notice of the time and place of the hearing shall be published in an official publication of the municipality or in a newspaper having general circulation therein.
No permit for the erection of any building shall
be issued unless the building lot abuts a street giving access to
such proposed structure which has been duly placed on the Official
Map. Before any such permit shall be issued, such street shall have
been certified to be suitably improved to the satisfaction of the
Borough Council, or such suitable improvement shall have been ensured
by means of a performance guaranty, in accordance with standards and
specifications approved by the Borough Council, as adequate in respect
to the public health, safety and general welfare for the special circumstances
of the particular street.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Where the enforcement of this chapter would
entail practical difficulty or unnecessary hardship, or where the
circumstances of the case do not require the structure to be related
to a street, the applicant for the permit may appeal from the decision
of the administrative officer having charge of the issuance of permits
to the Planning Board, and the same provisions shall apply to such
appeals and to such Board as are provided in cases of appeals in respect
to zoning regulations. The Board may, in determining any such appeal,
make reasonable exceptions and issue a permit subject to conditions
that will ensure 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 on a Master Plan of the streets duly adopted by
a Planning Board. Where such Master Plan of streets exists, the Planning
Board, exercising the power of a board of adjustment, shall refer
the application to the full Planning Board for report and recommendation
before taking action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The approval by the Borough Council by ordinance
under the provisions of any law other than as contained in Article
5, The Official Map, of Title 40, Chapter 55D, N.J.S.A. 40:55D-32
et seq., of the layout, widening or closing of any street, drainage
right-of-way or area designated above as part of the Official Map
shall be deemed to be a change or addition to the Official Map and
shall be subject to all the provisions of this Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This chapter shall not be construed to limit
any power or powers otherwise granted to the Borough of Montvale or
to the Planning Board of the Borough of Montvale set forth in Article
5, The Official Map, of Title 40, Chapter 55D, N.J.S.A. 40:55D-32
et seq.
This chapter shall take effect immediately after
final passage and publication according to law.
