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 § 96-32 of this chapter, as shown on the Official Map or shown on a plat filed pursuant to this chapter before adoption of the Official Map, except as provided herein. Whenever one or more of parcels of land upon which is located the bed of such mapped street or public drainageway, flood control basin or public area reserved pursuant to § 96-32 hereof cannot yield a reasonable return to the owner unless a building permit is granted, the Board of Adjustment 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, public drainageway, flood control basin or public area reserved pursuant to § 96-32 hereof, 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. Sections 96-64 through 96-67 of this chapter shall apply to applications or appeals pursuant to this section.

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 an existing state, county or municipal street or highway or 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 this chapter or its predecessor 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 Borough Council or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the Borough Council, as adequate in respect to the public health, safety and general welfare of the special circumstances of the particular street.

Where the enforcement of § 96-34 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 Board of Adjustment may, upon application or appeal, vary the application of § 96-34 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 a general circulation plan element of the Municipal Master Plan pursuant to § 96-27B(4) of this chapter. Sections 96-64 through 96-67 of this chapter shall apply to applications or appeals pursuant to this section.