[MC 2002-29 § 17:6-1, December 2, 2002]
The City Council may by ordinance adopt or amend an official
map of the City which shall reflect the appropriate provisions of
the City of Plainfield, which shall reflect appropriate provisions
of the City's master plan, provided that the City Council may adopt
an official map or an amendment or revision thereto which, in whole
or in part, is inconsistent with the appropriate designations in the
sub-plan elements 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 when adopting the official map.
Prior to the hearing on the adoption of any official map or any amendment
thereto, the City Council shall refer the proposed official map or
amendment to the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq.
The 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 public use, the aforesaid
streets, ways, basins, and areas in the manner provided in N.J.S.A.
40:55D-1 et seq.
[MC 2002-29 § 17:6-2, December 2, 2002]
The approval by the City by ordinance under the provisions of
any law other than as contained in this article of the layout, widening,
changing the course of or closing of any street or the widening or
changing the course of any public drainage way or changing the boundaries
of a flood control basin or public area, shall be subject to relevant
provisions of N.J.S.A. 40:55D-1 et seq.
[MC 2002-29 § 17:6-3, December 2, 2002]
For 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 drainage way, flood control basin
or public area reserved pursuant to N.J.S.A. 40:55D-32 et seq. as
shown on the official map, or shown on a plat filed pursuant to this
chapter 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 public drainage way, flood control basin
or public area reserved pursuant to N.J.S.A. 40:55D-32 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 structure in the bed of such
mapped street or public drainage way or flood control basin or public
area reserved pursuant to N.J.S.A. 40:55D-32 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 City 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.
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 or site plan in conjunction
with which the Planning Board has power to direct the issuance of
a permit pursuant to N.J.S.A. 40:55D-60.
[MC 2002-29 § 17:6-4, December 2, 2002]
No permit for the erection of any structure shall be issued
unless the lot abuts a street giving access to such proposed structure.
Such street shall have been duly placed on the official map or shall
be:
A.
An existing State, County or municipal street or highway; or
B.
A street shown upon a plat approved by the Planning Board; or
C.
A street on a plat duly filed in the office of the County Recording
Officer prior to the passage of an ordinance under this act or any
prior law which required prior approval of plats by the City Council
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
City Council, or such suitable improvements shall have been assured
by means of a performance guarantee, in accordance with standards
and specifications for road improvements approved by the City Council,
as adequate in respect to the public health, safety and general welfare
of the special circumstance of the particular street.
[MC 2002-29 § 17:6-5, December 2, 2002]
Where the enforcement of the above section hereof 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 Board of Adjustment may upon application or appeal, vary the application
of the above section 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 on a general circulation plan element
of the City's master plan.
The application process identified in Article VIII of this chapter shall apply to applications or appeals pursuant to this article.
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 N.J.S.A. 40:55D-60.
