[HISTORY: Adopted by the City Council of the City of Long Branch 2-9-1988 by Ord. No. 1-88. Amendments noted where applicable.]
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 City Clerk, in writing. A consent from all affected adjacent landowner(s) shall be submitted with said request. The consent shall include the adjacent landowner(s) street address and block and lot number.
A. 
Upon receipt of the request and consents, the City Clerk shall forward a copy of the request and consents to the City Attorney for review. He/she shall also forward a copy of the request to the following for investigation and submission of reports:
(1) 
City Engineer;
(2) 
Public Works Director;
(3) 
Planning Board Chairman;
(4) 
Planning Department;
(5) 
Recreation Department;
(6) 
Utility companies, including but not limited to gas, electric, water, cable and the Long Branch Sewerage Authority.
B. 
The Clerk shall request that each of the above agencies or departments determine whether the roadway is needed for any future City land development, municipal facilities such as storm drainage, or recreational facilities; is under Green Acres jurisdiction or was ever used for municipal recreational purposes in the past; or whether the utility companies have need for the right-of-way.
The applicant shall pay a minimum fee of $500 to cover the initial costs incurred by the municipality in processing the application. In addition, the applicant shall reimburse the City for the legal and engineering costs incurred by the City in preparation and review of the vacation ordinance. Said sums due and owing shall be certified to the City Clerk by the City Attorney and City Engineer. The City 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 adoption of the vacation ordinance.
Prior to preparation of the vacation ordinance by the City 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 City acquired its interest in the roadway. Said title searches shall be forwarded to the City Attorney 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 centerline 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 - 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 City of Long Branch. 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 City Attorney and City Engineer that all necessary documents are in order, the City Attorney shall prepare a vacation ordinance for discussion and introduction by the City Council. The City 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 City 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 City Clerk shall record same with the County Clerk of the County of Monmouth 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 City Assessor and the vacation indicated on the Tax Map of the City of Long Branch.
The obligation of the City with regard to the adopted vacation ordinance shall cease with its recording of same with the County 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 City 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.