Any person seeking the vacation of a street pursuant to N.J.S.A.
40:67-1 et seq. shall make such request to the Borough Clerk in writing.
The writing shall include a certified list of property owners within
200 feet of the portion of the street in question, a list of the reasons
for the request and a graphic depiction of the location of the subject
street portion. The written request shall also include copies of the
appropriate Tax Map as well as a key map of the surrounding area showing
the network and indicating which road portions are open to traffic.
The written request shall also include a Tax Collector's certification
that the applicant's parcel is current as to Borough taxes. The
written request shall be made together with the filing fee and escrow.
A consent from all affected adjacent landowner(s) shall be submitted
with said request. The consent shall include the adjustment landowner(s)
street address, block and lot number.
The applicant shall pay an application fee of $250 and place
an escrow of $250 to cover professional fees and costs incurred by
the Borough in reviewing and processing the application pursuant to
New Jersey municipal development escrow law. In addition, the applicant's
escrow shall reimburse the Borough for costs incurred in preparation,
review, publication and recordation related to the vacation ordinance.
Said sums due and owing shall be certified to the Borough Clerk, the
Borough Solicitor and Borough Engineer. The Borough Clerk shall further
certify the costs of public advertising and recording fees. The total
amount due and owing for reimbursement for the legal, engineering,
publication and recording fees shall be paid by the applicant prior
to the final adoption of the vacation ordinance.
At the time of the fact-finding hearing related to the vacation
request before the Planning Board, the applicant shall provide proof
of notification to the property owners on the certified property list
either by certified mail or personal service at least 10 days prior
to the hearing on the application. Proof of publication of the notice
of hearing at least 10 days prior to the hearing shall be provided
at the time of the fact-finding hearing to the satisfaction of the
Planning Board Secretary.
Prior to preparation of the vacation ordinance by the Borough
Engineer, the applicant shall prepare or have prepared on its behalf
the following:
A. Title search of the area to be vacated and the adjacent landowner's
properties for determination on the means in which the Borough acquired
its interest in the roadway. Said title searches shall be forwarded
to the Borough Solicitor for his review.
B. Survey maps and metes and bounds descriptions of the area to be vacated
and the method of division of the vacated property subsequent to adoption
of the ordinance. The survey map shall indicate all existing encumbrances,
drainage facilities, utility locations and any other topographical
feature pertinent to the area to be vacated. The maps shall depict
the portions of the street or right-of-way to be conveyed to each
abutting property owner having interest in the title to the center
line of the street to be vacated, unless the title searches disclose
that the interest in title is otherwise. In that event, it shall show
to the appropriate line required, based upon the chain of title, of
the street to be vacated. The description for all of the vacated streets
shall be prepared by metes and bounds for the vacation ordinance.
All maps shall be prepared in accordance with Subchapter 5, Land Surveyors;
preparation of land surveys, N.J.A.C. 13:40-5.1, and all amendments
thereto which was adopted May 5, 1977. This document was published
in the Roster of Licensed Professional Engineers and Land Surveyors,
September 30, 1978, prepared by the State of New Jersey, Department
of Law and Public Safety. The ending statement of the vacation description
shall include the following wording:
"The above description is and is intended to be all of that
portion of as shown on the official tax map of the Borough of Folsom.
It is further intended that all rights of the public which may exist
are to be vacated within the portion of the right-of-way described,
reserving thereout and therefrom all rights and privileges now possessed
by public and private utilities to maintain, repair and replace their
existing facilities in, adjacent to, over or under the roadway being
vacated, including but not limited to, gas, water, cable, telephone,
electric, sanitary sewers, storm sewers and any appurtenances and
rights of ingress and egress relating thereto. The description has
been prepared in accordance with the map entitled ________________________________________."
Upon certification by the Borough Solicitor and Borough Engineer
that all necessary documents are in order, the Borough Solicitor shall
prepare a vacation ordinance for discussion and introduction by the
Borough Council. The Borough Council shall adhere to the procedures
set forth in N.J.S.A. 40:67-1 et seq. and N.J.S.A. 40:49-2 with regard
to introduction, publication, public hearing and adoption of said
ordinance. In addition, the Borough Clerk, after introduction of said
ordinance, shall notify by certified mail, return receipt requested,
all adjacent and adjoining property owners within 200 feet of the
proposed road vacation area of the introduction of the ordinance and
advise them of the date of public hearing at which they may attend
and make their comments known. Upon adoption of the ordinance, the
Borough Clerk shall record same with the County Clerk of the County
of Atlantic as required by law. Upon certification from the County
Clerk that the ordinance has been recorded, the necessary tax records
shall be revised by the Borough Assessor and the vacation indicated
on the Tax Map of the Borough of Folsom.
The obligation of the Borough with regard to the adopted vacation
ordinance shall cease with its recording of same with the Borough
Clerk's office and updating of its Tax Map. In the event that
the applicant or the adjacent property owners who may receive an interest
in the vacated area wish to have a deed prepared evidencing the property
vacated, such deed shall be the obligation of the owner acquiring
title to said portion of the roadbed. In the event that any such deed
is prepared, it shall describe, by metes and bounds, the original
property, including within the description that portion of the street
being incorporated with the owner's original land holdings. The
deed shall contain a reference to the new tax lot number created and
assigned to the combined lot and the road vacation area as determined
by the Borough Assessor. It shall also include a reference to the
survey map upon which the deed description is based and a reference
to the ordinance number by which the portion of the street was vacated.
The deed shall be transferred by the owner to themselves.