The Township Committee may by ordinance adopt or amend an Official Map of the Township which shall reflect the appropriate provisions of the Township Master Plan, provided that the Township Committee 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 subplan 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 Township Committee shall refer the proposed Official Map or amendment to the Planning Board pursuant to § 190-18 of this chapter.
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. Upon receiving an
application for development, the Township may reserve for future public
use the aforesaid streets, ways, basins, and areas in the manner provided
in this chapter.
The approval by the Township Committee by ordinance
under the provisions of any law other than this chapter of the layout,
widening, changing the course of or closing of any street, or the
widening or changing the course of any public drainageway or changing
the boundaries of a flood control basin or public areas are deemed
to be matters within the provision of land use and shall be subject
to relevant provisions of this chapter.
A.
For purpose of preserving the integrity of the Official
Map of the Township, no permit shall be issued for any building or
structure in the bed on any street or public drainageway, flood control
basin or public area reserved 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 drainageway,
flood control basin, or public areas reserved pursuant to this chapter
cannot yield a reasonable return to the owner unless a building permit
is granted, the Planning Board 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 building or structure in the
bed of such mapped street or public drainageway or flood control basin
or public area reserved pursuant to this chapter, 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 Board 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.
[Amended 12-22-2015 by Ord. No. O-15-26]
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:
(1)
An existing state, county, or municipal street or
highway.
(2)
A street shown upon a plat approved by the Planning
Board.
(3)
A street on a plat duly filed in the office of the
Monmouth County recording officer prior to the passage of this chapter
or prior law which required prior approval of plats by the Township
Committee or Planning Board.
B.
Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the Township Committee, 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 the Township Committee, as adequate in respect to the public health, safety, and general welfare of the special circumstance of the particular street. (Also see § 190-108, Front yards.)
A.
Where the enforcement of § 190-31 hereof 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 Planning Board may, upon application or appeal, vary the application of § 190-31 of this chapter 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 Township Master Plan.
[Amended 12-22-2015 by Ord. No. O-15-26]
