[Adopted 6-9-2020 by Ord. No. 05-2020]
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.
A. 
Upon receipt of the request and consents, the Borough Clerk shall forward same to the following:
(1) 
Borough Solicitor.
(2) 
Borough Engineer.
(3) 
Public Works Director.
(4) 
Planning Board Chairman.
(5) 
Planning Department Secretary.
(6) 
Recreation Department.
B. 
The Clerk shall request that each of the above determine whether the roadway is needed presently or in the future Borough land development plans for any public use to include, for example, storm drainage, recreational facilities, utility rights-of-way or whether the property is under the jurisdiction of Green Acres or some similar entity or has ever been used for recreational purposes in the past.
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.