The governing body may by ordinance adopt or amend an Official Map of the Borough which shall reflect the appropriate provisions of the Borough Master Plan, provided that the governing body 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 governing body 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 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 Borough 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.

The Official Map of the Borough of Garwood is hereby amended and revised in accord with the provisions of a certain map dated October 4, 2011, prepared by Harbor Consultants, Engineers, Planners & Surveyors, which map implements the zoning provisions as set forth in the 2009 Master Plan and Re-Examination report adopted June 9, 2009. The said revised map is on file with and may be inspected in the office of the Borough Clerk.

For purpose of preserving the integrity of the Official Map of the Borough, 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 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 drainageway, 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 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 structure in the bed of such mapped street or public drainageway 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 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.

The Planning Board 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.

An existing state, county or municipal street or highway;

A street shown upon a plat approved by the Planning Board; or

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 governing body 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 governing body, 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 governing body, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street.

Where the enforcement of § 106-65 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 Planning Board may upon application or appeal, vary the application of § 106-65 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 shown on the Official Map or on a general circulation plan element of the Borough Master Plan pursuant to § 106-61B(4) of this chapter.

The application process identified in Article VII of this chapter shall apply to applications or appeals pursuant to this article.

The Planning Board 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.