[Added 10-24-83 by Ord. No. 83-539]
[Amended 4-24-89 by Ord. No. 89-12]
Whenever there shall have been a dedication of land as a public
street or other public right-of-way in accordance with N.J.S.A. 40:67-19
and the same has not been accepted or opened by the Township of East
Brunswick and the governing body shall have received a request to
vacate and extinguish the public right arising from such dedication,
the procedures in this Ordinance shall be followed and are deemed
to be mandatory. The request to vacate shall be transmitted to the
Director of the Department of Planning and Engineering who shall make
or cause to be made a visual inspection of the lands which are proposed
to be vacated. He/she shall submit a report to the East Brunswick
Planning Board based upon his/her findings which shall include a review
of tax maps and title information to the extent available.
The Planning Board, in its discretion, may hold a hearing as
to the proposed vacation upon giving written notice to all persons
residing or owning property within 1000 feet of the lands to be vacated
which notice shall be either by personal service or certified mail,
return receipt requested. The Planning Board shall recommend to the
Township Council either that the request to vacate be granted or that
it be denied, setting forth its findings. If the Planning Board recommends
that the street or public right-of-way be vacated, the Township Council
may, at its discretion, adopt an ordinance proposing the vacation
of the lands in question subject to state statutes.
At least one (1) week prior to the date set for second reading
of the ordinance, the Township Clerk shall mail by ordinary mail a
copy of the ordinance adopted on first reading to all persons residing
or owning land within 1000 feet of any portion of the lands to be
vacated and the Township Council may, in its discretion, adopt or
refuse to adopt the ordinance on second reading.
No ordinance vacating a public street or other right-of-way
shall be deemed to have been completed until the vacation ordinance
and the map showing the area which has been vacated shall have been
recorded by the Township Clerk in the Middlesex County Clerk's Office.
If a request to vacate a public street or other right-of-way
has been made by a property owner or property owners, such property
owner or property owners shall, on a pro rata basis, reimburse the
Township for all mailing and publication costs incurred by the Township.
