[Adopted 3-1-2010 by Ord. No. 1338-10]
The Township Committee enacts this article to present a uniform
set of guidelines, consistent with N.J.S.A. 40:67-1 et seq., governing
the vacation of Township streets.
A.
A request for the vacation of any street or portion of any street
which has been dedicated but not accepted must be made in writing
and addressed to the Township Clerk and accompanied by a nonrefundable
$250 administrative fee of $250, and funds to be held in escrow by
the Township of Middle in the amount of $2,500.
B.
The Municipal Engineer and Attorney shall review the request, and
make a determination if the request can be granted.
C.
A surveyor shall survey the area of the proposed vacated street or
portion of street, and provide a metes and bounds description.
D.
Any street vacation ordinance shall be noticed and recorded in accordance
with state law by the Municipal Clerk.
A.
Any and all expenses associated with the consideration and/or completion
of a street vacation request are to be paid by the property owner
who makes the request. These expenses include, but are not limited
to, engineering fees, attorney fees, survey fees, publication and
mailing expenses, recording fees, and Tax Map revision fees. Any and
all expenses shall be paid by the property owner who makes the request,
even if the Township Committee decides not to consider an ordinance,
or if an ordinance fails to be approved. The Township and its professionals'
bills shall be paid from the escrow fees. It is anticipated that this
process will work similarly to the escrow posted by an applicant to
a land use board. Any interest shall accrue to the benefit of the
Township of Middle.
B.
If total costs are less than the funds placed in escrow, the balance
shall be refunded. If total costs are more than the funds placed in
escrow, the property owner who requested the street vacation shall
pay the remainder into the escrow funds. The Municipal Clerk shall
not record the street vacation unless all expenses are paid.
Any street vacation is made subject to the following reservations
and restrictions:
A.
All rights and privileges then possessed by public utilities, as
defined in N.J.S.A. 48:2-13, and by any cable television company,
as defined in the Cable Television Act, P.L. 1972, c. 186 (N.J.S.A.
48:5A-1 et seq.), to maintain, repair and replace their existing facilities
in, adjacent to, over or under the street, highway, lane, alley, square,
place or park, or any part thereof, to be vacated.
B.
To the Township of Middle, for itself, its successors and assigns,
the right to construct, install, build, operate, maintain, use, repair,
replace and relocate such public utilities and cable television facilities,
within the described premises, which it may, at any time hereafter,
deem necessary for the public health, safety, convenience and welfare;
and further, the right to use, maintain, repair, replace and relocate
all existing utilities and cable television facilities owned or controlled
by it located in, adjacent to, upon or through said land; and further,
an easement over, under, through and across the portion of the land
described as may be necessary or expedient for the purpose of maintaining,
replacing, relocating, installing, leveling, constructing and repairing
its utilities, mains and appurtenances, if any, wherever there exists
a pipeline and appurtenances thereto beneath the surface of the aforesaid
described land; and further, to its own benefit and the benefit of
any utility or cable television company the right to maintain, repair,
and replace utilities or facilities installed by them in, adjacent
to, over or through the aforesaid land. All of the aforesaid rights
are to be exercised solely at the option and discretion of the Township
of Middle and this is not an obligation of the Township of Middle
to provide such services.
C.
To the rights of any others in the property.
D.
The property owner(s) who is to take title to any land vacated by
the ordinance takes said land in as-is condition. The Township makes
no representation as to the condition of the same, nor does the Township
make any warranty, implied or expressed, conditional or unconditional,
regarding said land.
