Prior to the hearing on the adoption of any
Official Map or any amendments thereto, the governing body of the
City shall refer the proposed Official Map or amendment to the Planning
Board pursuant to N.J.S.A. 40:55D-26.
A.
The governing body of the City may by ordinance adopt
or amend an Official Map of the City which shall reflect the appropriate
provisions of the Master Plan. However, the governing body may adopt
or amend an Official Map which in whole or in part is inconsistent
with the appropriate provisions of the Master Plan, but only by the
affirmative vote of a majority of its full authorized membership with
the reasons for so acting recorded in the minutes of the meeting.
B.
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.
Notice by personal service or certified mail
shall be made to the County Planning Board of the adoption, revision
or amendment of the Official Map not more than 30 days after the date
of such adoption, revision or amendment. Any notice provided shall
include a copy of the Official Map. Any notice by certified mail pursuant
to this section shall be deemed complete upon mailing.
The Official Map of the City shall not take
effect until filed with the County Recording Officer.
For the purpose of preserving the integrity
of the Official Map of the City, no permit shall be issued for any
building or structure in the bed of any street or public drainageway,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32
as shown on the Official Map or shown on a plat filed pursuant to
the Municipal Land Use Law before adoption of the Official Map except
as provided in N.J.S.A. 40:55D-34.
A.
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 an existing state, county or City
street or highway; or a street shown upon a plan approved by the Planning
Board; or a street on a plat duly filed in the office of the County
Recording Officer.
B.
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 this chapter
as adequate in respect to the public health, safety and general welfare
or the special circumstances of a particular street.
A.
Where the enforcement of § 30-40 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 Board of Adjustment may, upon application or appeal, vary the application of § 30-40 and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting 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 general circulation plan element of the Master Plan.
B.
The 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 its ancillary powers.
