(a) Issuance. For the 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 of any street or public drainageway, flood control basin or public area reserved pursuant to section 62-163, 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 in this section. 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 section 62-163 cannot yield a reasonable return to the owner unless a building permit is granted, the municipal agency 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 section 62-163, which shall increase the cost of opening such street as little as practicable or tend to cause a minimum change of the official map. 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. Section 62-50 shall apply to applications or appeals pursuant to this section.

(b) Building lot to abut street. Every building lot shall abut a street in accordance with the following:

(1) 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:

a. An existing state, county or municipal street or highway;

b. A street shown upon a plat approved by the planning board; or

c. A street on a plat duly filed in the office of the county recording officer prior to the passage of the ordinance from which this chapter is derived.

(2) Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the township council, or such suitable improvement shall have been ensured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the township council as adequate in respect to the public health, safety and general welfare of the community in light of the special circumstance of the particular street.

(c) Appeals. Where the enforcement of subsection (b) of this section 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 municipal agency may, upon application or appeal, vary the application of subsection (b) of this section and direct the issuance of a permit subject to conditions that shall provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that shall protect any future street layout shown on the official map or on a general circulation plan element of the municipal master plan. (Code 1988, § 175-56)