[Ord. No. 2015-20 § 10B-115]
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 N.J.S.A. 40:55D-44 as shown on the Master
Plan or shown on a plat filed pursuant to this chapter except as herein
provided. Whenever one or more parcels of land upon which is located
the bed of such a mapped street or public drainage way, flood control
basin or public area so reserved cannot yield a reasonable return
to the owner unless such a permit is granted, the Zoning Board of
Adjustment may, in a specific case, upon application or appeal filed
with the municipal engineer, by an affirmative vote of a majority
of its full authorized membership direct the issuance of such permit,
which shall as little as practicable increase the cost of opening
such street and tend to cause a minimum change of the Master Plan,
and the Board shall, as a condition of granting the permit, impose
reasonable requirements so as to promote the health, morals, safety
and general welfare of the public.
[Ord. No. 2015-20 § 10B-117]
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 be an existing state, county
or municipal street or highway or a street shown upon a plat approved
by the Planning Board or Zoning Board of Adjustment or a street on
a plat duly filed in the office of the county clerk prior to the passage
of this chapter or under any prior law or ordinance that required
prior approval of plats by the governing body or other authorized
body. Before any such permit shall be issued, (a) such street shall
have been certified to be suitably improved to the satisfaction of
the Princeton Council, or such suitable improvement shall have been
ensured by means of a performance guarantee, in accordance with standards
and specifications for road improvements approved by the Princeton
Council as adequate in respect to the public health, safety and general
welfare under the special circumstance of the particular street, and
(b) it shall have been established that the proposed access conforms
with the standards of the State Highway Access Management Code adopted
by the Commissioner of Transportation under section 3 of the "State
Highway Access Management Act", P.L. 1989, c.32 in the case of a state
highway, with the standards of any access management code adopted
by the county under N.J.S.A. 27:16-1 in the case of a county road
or highway, and with the standards of any municipal access management
code adopted under N.J.S.A. 40:67-1 in the case of a municipal street
or highway.
[Ord. No. 2015-20 § 10B-117]
Where the enforcement of Section 10B-115 would entail practical
difficulty or unnecessary hardship or where the circumstances of the
case do not require the building or structure to be related to a street,
the Zoning Board of Adjustment may upon application or appeal filed
with the municipal engineer vary the application of Section 10B-115
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
Circulation Plan Element of the Master Plan.
The Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to subsection c of section 47 P.L. 1975, c.291 (C.40:55D-60).
