Pursuant to N.J.S.A. 40:55D-1 et seq., there
is hereby established an Official Map which is titled "Official Map,
Village of Ridgewood, Bergen County, New Jersey," as amended, now
filed in the office of the Village 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 Village Master Plan or Official Map provides
for the reservation of designated streets, public drainageways, 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
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
Village 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 drainageways 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 Village of Ridgewood, 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 an existing state, county
or Village street or highway or a street shown upon a plat approved
by the Planning Board or 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,
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 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 the 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 Village access management code adopted in
the case of a Village 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 VI, 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 VI.
