[Adopted 12-9-2004 by Ord. No. 12-04]
Pursuant to N.J.S.A. 40:67-19, there is hereby
established for the Borough of Rockaway the following policy and procedure
which must be followed in connection with the vacation of any Borough
roadway whether presently existing or designated on a map of the streets
of the Borough of Rockaway as a "paper street."
A.
Anyone desiring the Borough of Rockaway to consider
vacating any public street within the Borough of Rockaway (whether
existing or shown as a paper street on the tax maps) shall make formal
application to the Mayor and Council for such street vacation on a
form or forms provided to such applicant by the Clerk of the Borough
of Rockaway. Only those persons owning property which adjoins a Borough
road (either presently existing or on paper) may make application
for the vacation of same.
(1)
The applicant making the request to vacate the public
road shall supply, at the applicant's expense, a survey of the public
street to be vacated along with a description of same prepared by
a licensed surveyor and/or public engineer licensed to practice such
profession in New Jersey describing that portion of the public roadway
to be vacated. The metes and bounds description shall be under seal
of the individual preparing same. The description of that portion
of the public roadway to be vacated so prepared and supplied shall
be forwarded to the Borough Engineer for his or her review and approval.
(2)
There shall be submitted with the application a nonrefundable fee and an escrow to cover the professional costs associated with the review of such request, as set forth in § A263-1Q of the Code of Ordinances of the Borough of Rockaway for processing the request (which Subsection Q is being created simultaneously by this article), administrative costs and expenses incurred by the Borough in considering such application to vacate a public street. The Borough Clerk, upon receiving the completed application and the fee established for such application, shall forward such application to the following designated bodies, boards or individuals: the Secretary of the Land Use Board; the Borough Planner; the Borough Engineer; the Chief of Police for the Borough of Rockaway; and the Superintendent, Department of Public Works.
[Amended 12-13-2012 by Ord. No. 26-12]
B.
Any person applying for the vacating of a public street
shall, upon the filing of such application and within 30 days thereof,
notify all property owners who adjoin any portion of the public street
requested to be vacated, by certified mail or by personal service,
that such an application has been made and that those persons so affected
by the proposed application shall be advised to present any objections
to the proposed street vacation within 30 days of the receipt of such
notice by such affected property owner.
[Amended 7-14-2005 by Ord. No. 09-05]
C.
The Mayor and Council shall not act upon the request
to vacate a public street unless and until they have received reports
from the above-named boards, bodies and officials and/or received
no such reports within 90 days of the filing of an application for
the vacation of a public street. Upon receipt of the reports and/or
the passage of time, whichever shall first occur, the Mayor and Council
shall hold a public meeting to discuss and determine whether the vacation
of any public street as requested shall serve the best interests of
the Borough. Nothing contained in this section shall in any manner
obligate the Borough of Rockaway to vacate any public roadway which,
in the judgment of the Mayor and Council, shall not be in the best
interest of the Borough.
D.
If the Borough Council determines that such street
vacation is in the best interest of the Borough, the Mayor and Council
may authorize the Borough Attorney to prepare an ordinance to vacate
such street, road or portion thereof. The applicant making a request
for the vacation of a public road shall be responsible for the legal
fees incurred by the Borough Attorney in preparing the ordinance,
the professional fees of the Borough Engineer in reviewing the description
of the public street to be vacated and the cost of publication for
said ordinance, all such fees and expenses to be charged against the
escrow posted by the applicant. If the total cost of the fees and
costs is less than the escrow amount required, after all fees and
costs have been paid, the excess escrow shall be refunded to the applicant.
If it appears that the escrow is not sufficient to cover all fees
and costs, the applicant shall pay such excess prior to final passage
of the ordinance vacating the street.
E.
In the event the Mayor and Council take action to
approve the ordinance so prepared and upon its adoption at a second
reading of the same, the applicant shall then forward a copy of said
ordinance to the Morris County Clerk for recording and shall be responsible
for any filing fees associated with the same. The Mayor and Council
shall not be under any obligation whatsoever to approve any such ordinance,
the vacation of any street being solely within the discretion of the
Mayor and Council as to what constitutes the best interests of the
Borough.
F.
No ordinance shall be adopted on second reading unless
and until all application fees have been paid and the Borough's professionals
have been reimbursed for the reasonable time expended by such professionals
in the review and preparation of an ordinance to vacate said public
street.
