[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 3-14-1977
as part of Ord. No. 9-77. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 168.
Zoning — See Ch. 195.
This chapter shall be known as the "Official Map Ordinance for Public
Parks and Playgrounds and the Location and Width of Streets of the Borough
of Madison" in accordance with N.J.S.A. 40:55-1.30 et seq.
The establishment of an Official Map for public parks and playgrounds
and for the location and width of streets, whether existing or proposed, is
declared to be for the purpose of conserving and promoting the public health
and safety, morals and general welfare of the Borough of Madison.
For the purpose of this chapter, the following terms are defined to
mean:
The map adopted by ordinance of the Mayor and Council showing the
location and width of streets and the location and extent of public parks
and playgrounds whether existing or proposed.
The map of any subdivision or subdivisions.
Any land used or intended to be used for parks, recreation, play
areas, school parks, playgrounds, land conservation or other public uses.
Any street, avenue, boulevard, road. lane, parkway, viaduct, alley
or other way which is an existing state, county or municipal roadway, or a
street or way shown upon a plat heretofore approved pursuant to the Municipal
Planning Act (1953) or a street or way on a plat duly filed and recorded in
the office of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats, and includes
the land between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, parking areas and other
areas within the street lines.
The creation or combination of a parcel or parcels of land as defined
and regulated by the Subdivision of Land Ordinance of the Borough of Madison.[1]
[1]
Editor's Note: See Ch. 168, Subdivision of Land.
The Official Map of the Borough of Madison is hereby adopted and is
made a part hereof as if fully set forth herein. It shall be deemed conclusive
with respect to the location and width of streets and the location and extent
of public parks and playgrounds shown thereon whether existing or proposed
and whether improved or unimproved.[1]
[1]
Editor's Note: The Official Map is on file and available for
public inspection in the office of the Borough Clerk.
After the effective date of the chapter, upon the application of approval
of a plat, the Borough of Madison may reserve for future public use the location
and extent of such streets and public parks and playgrounds shown on the Official
Map and within the area of said plat for a period of one year after the approval
of the final plat or within such further time as agreed to by the applying
party. Unless within such one-year period or extension thereof the Borough
of Madison shall have entered into a contract to purchase or shall have instituted
condemnation proceedings, according to law, for the tract or parcel of land
or property so reserved for any of such purposes, such applying party shall
not be bound to observe the reservation of such tract or parcel of land or
property set forth on the Official Map. During such period of one year or
any extension thereof, the applicant for plat approval and his assigns and
successors in interest may use the area so reserved for any purpose other
than the location of buildings or improvements thereon, consistent with the
Borough of Madison Zoning Ordinance heretofore or hereafter adopted; provided,
however, that the topography thereof and the trees and shrubs thereon shall
not be changed, altered, destroyed or removed without the prior consent in
writing of the Planning Board of the Borough of Madison upon application by
the applying party.
No permits for the erection of any building or buildings shall be issued
by the Building Inspector of the Borough of Madison on or for any land or
lands reserved on the Official Map if said land or lands shall not be part
of a subdivision, for a period of one year from the date of application for
said permit. No permits for the erection of any building or buildings shall
be issued by the Building Inspector of the Borough of Madison on or for any
land or lands reserved on the Official Map if said land or lands shall be
part of a subdivision, for a period of one year from the date of approval
of a final plat. In either case, the applying party may agree to an extension
or extensions of said one-year period. Unless within such one-year period
or any extension thereof the Borough of Madison shall have entered into a
contract to purchase or shall have instituted condemnation proceedings for
said park or playground according to law, such applying party shall not be
bound to observe the reservation of such public park or playground. During
such period of one year or any extension thereof, the applicant for plat approval
and his assigns and successors in interest may use the area so reserved for
any purpose other than the location of buildings or improvements thereon,
consistent with the Borough of Madison Zoning Ordinance heretofore or hereafter
adopted; provided, however, that the topography thereof and the trees and
shrubs thereon shall not be changed, altered, destroyed or removed without
prior consent in writing of the Planning Board of the Borough of Madison upon
application by the applying party.
This chapter shall not be construed to limit any power or powers otherwise
granted to the Borough of Madison or to the Board of Adjustment of the Borough
of Madison set forth in the Official Map and Building Permit Act (1953), contained
in N.J.S.A. 40:55-1.30 et seq.
