The City of Ocean City has adopted an official map by City Ordinance
No. 88-27, dated June 16, 1988. The City has established procedures
for the use of said Map pertaining to drainage. The City has established
procedures for street extensions and modifications thereof, establishment
of parks, playgrounds and facilities by the adoption and modification
of the Comprehensive Plan and the Master Plan of Street Extensions
and has under this Ordinance adopted the Cape May County Urban Transportation
Plan with its additions, modifications and revisions.
For purposes of preserving the integrity of the Official Map,
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 this Ordinance as shown on the official
map, or as shown on a plat filed pursuant to this Ordinance before
the adoption of the Official Map, except as provided herein. Whenever
one or more parcels of land, upon which is located the bed of such
mapped street, public drainageway, flood control basin or public area,
cannot yield a reasonable return to the owner unless a building permit
is granted, the Board may, in specific cases by an affirmative vote
of a majority of the full authorized membership, direct the issuance
of a permit for a building or structure in the bed of such mapped
street, public drainageway, flood control basin or public area reserved
herein which will as little as practicable increase the cost of opening
such street, or which shall cause a minimum change in the Master Plan
of streets.
The Board shall impose reasonable requirements as a condition
of granting the permit so as to promote the health, safety and general
welfare of the public.
a.
No permit for the erection of a 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:
1.
An existing State, County or municipal street or highway, or
2.
A street shown on a plat approved by the Planning Board of the City
of Ocean City, or
3.
A street shown on a plat duly filed in the office of the Cape May
County Clerk prior to the passage of this Ordinance or any prior law
which required approval of plats by an authorized body.
Before any such permit shall be issued the street shall have
been certified to be suitably improved to the satisfaction of the
City Council of the City of Ocean City or such suitable improvement
shall have been assured by means of a performance guarantee in accordance
with the approved standards for road construction.
a.
Where the enforcement of § 25-500.3 hereof would entail practical difficulty or unnecessary hardship, or where the circumstances do not require the building or structure to be related to a street, the Board may, upon request or appeal, vary the application of § 25-500.3 hereof 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 or circulation plan element of the comprehensive plan or the Master Plan of streets.
b.
Appeals pursuant to this section shall be taken in accordance with
the procedures approved for the specific municipal agency authorized
to act under the provisions of this Ordinance.
