Freehold Township City Zoning Code
ARTICLE IV
Official Map
§ 190-27 Adoption or amendment.
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.
§ 190-28 Official Map deemed conclusive.
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.
§ 190-29 Changes or additions.
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.
§ 190-30 Issuance of permits for buildings or structures in conflict with Official Map.
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]
§ 190-31 Building lot to abut street.
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.)
§ 190-32 Appeals from the requirements of § 190-31.
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]