[Adopted by Ord. No. 35-1992 (Ch. 12.36 of the 1996 Municipal Code)]
The applicant desiring to have the Common Council vacate a public street, highway, lane or alley (public property) shall:
File an application with the Municipal Clerk setting forth the applicant's address and telephone number and a description of the public property sought to be vacated and provide the Municipal Clerk with a list prepared by the Tax Collector of the names and addresses of all persons who own property adjoining the property proposed to be vacated.
Notify, by certified mail or personal service, each person who owns property adjoining the property proposed to be vacated and shall advise each such person that he or she may be assessed taxes on a portion of the vacated property.
Have all adjoining property owners sign a written statement to be filed with the application setting forth that he/she has each received notice of the proposed vacation and stating his/her consent and/or objection thereto.
Provide the secretary of the City of Burlington Land Use Board, Director of the Department of Public Works, Chief of Police and Fire Chief with a copy of the application. Thereafter, each of the respective municipal agencies shall have 30 days in which to advise the Common Council, in writing, of any objections or other comments concerning the application. Failure of any of the municipal agencies to respond within the thirty-day period shall result in a determination that the agency did not object to the application.
Provide proof of notification to all affected utility companies operating within the City, along with a written consent from each utility to the proposed vacation.
The applicant shall be required to pay an application fee as set forth in Chapter 146, Fee Schedule, which is nonrefundable. The applicant shall also be required to pay all costs of the vacation and to post an escrow account in the amount as set forth in Chapter 146, Fee Schedule, to cover the cost of preparation of the ordinance vacating the public property, professional review fees by the City of Burlington Land Use Board staff and/or City Engineer; and all costs incurred by the Municipal Clerk's office in publishing the ordinance and recording the same.
Pursuant to N.J.S.A. 40:49-6, at least one week prior to the time fixed for final passage of the ordinance vacating the public property, a copy thereof, together with a notice of the introduction thereof, and the time and place when and where the ordinance will be further considered for final passage, shall be mailed by the Municipal Clerk to every person whose lands may be affected by the ordinance, so far as the same may be ascertained, directed to his/her last known post office address.
Pursuant to N.J.S.A. 40:67-21, the Municipal Clerk shall, within 60 days after such ordinance becomes effective, file a copy of the ordinance, certified by him, under the seal of the City of Burlington, to be a true copy of the ordinance, together with a copy of the proof of publication thereof, in the office of the Burlington County Clerk to be recorded in the book entitled "Vacations."