[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08. Amendments noted where applicable.]
Any person who is desirous of applying to the Township of Toms River for the vacation of any street, highway, right-of-way or other public place heretofore dedicated to the Township shall be required to complete a street vacation application, on a form to be promulgated by the Township Clerk, and shall file the same with the Township Clerk, together with a fee in the amount of $250, which shall be payable to the Township of Toms River. The street vacation application shall call for the following information:
The name, address and telephone number of the person applying for such vacation.
If such person is represented by an attorney, the name, address and telephone number of such attorney and/or the name, address and telephone number of any other person to be contacted on behalf of the applicant.
The name and a general description of the street, highway, right-of-way or other public place to be vacated.
If the applicant is a corporation, partnership or other entity, the name and address of each person holding an interest of 10% or more on the ownership of such corporation, partnership or other entity.
A list of the lot and block numbers of all property adjoining the area to be vacated, together with a list of the names and addresses of the assessed owners of such adjoining properties.
A narrative description of the current use of the area to be vacated.
A narrative description of the applicant's intended use of the area to be vacated.
A description of any improvement on the area to be vacated, including but not limited to paving, gravel, utilities or structures.
The applicant shall furnish with the application a reproduction of the Tax Map, showing the area surrounding the area to be vacated, as well as all intersecting roads, adjoining parcels, the current zoning of all properties adjoining the area to be vacated, and, where application has been made for the vacation of any street, highway or other right-of-way, the reproduction shall show the entire length of such street, highway or right-of-way.
The applicant shall furnish with the application executed forms to be furnished by the Township, which shall indicate the consent of the owners of each property adjoining the area to be vacated. In the event consent cannot be obtained from any property owners, the applicant shall file a written statement indicating what efforts the applicant has undertaken to obtain consent. The applicant shall furthermore provide written proof of certified mailing of the application to the Ocean County Engineering Department at 129 Hooper Avenue, Toms River, New Jersey, and to all owners of property adjoining the area to be vacated who have not completed a consent form. Additionally, the applicant shall provide written proof that at least five days prior to the scheduled hearing written notice advising of the hearing was given to all owners of property who have not completed a consent form.
The application shall be executed by the applicant or the applicant's representative, indicating that the information set forth or attached to the application is true and accurate.
In addition, the applicant shall supply with such application a certification executed by the Tax Collector indicating that all real property taxes on any property owned by the applicant that is contiguous to the area to be vacated is current.
Upon receipt of a completed application, together with the required fee, the Township Clerk shall forward a copy of the same to the Township Planner, Township Engineer, Chief of Police, the Director of Public Works, Bureau of Fire Commissioners, the Toms River Municipal Utilities Authority, the Ocean County Planning Board, all private utility companies providing cable, natural gas, electric, telephonic and water services within the Township for review and recommendation. Upon receipt of the aforesaid reviews and recommendations, the Township Clerk shall forward a written review and recommendation, together with a copy of the application, to the Planning Board. The Planning Board shall thereafter review such report and forward its written recommendation to the Mayor, together with a copy of the application. The Mayor shall thereafter report to the Township Council as to his review and recommendation as to the application.
Upon receipt of the Mayor's recommendation and report, the Township Council shall notify the applicant, in writing, of its determination as to action on the application.
Where the applicant has been notified that the Township Council has determined to act favorably on the application, the applicant shall forthwith provide the Township Clerk with a metes and bounds description of the area to be vacated, prepared and sealed by a surveyor, together with such other information as may be requested by the Township Council in its notification to the applicant. In addition, the applicant shall forward the following additional fees to the Township Clerk, which shall be payable to the Township of Toms River:
The sum of $160 towards the preparation of the ordinance to be enacted by the Township Council in connection with the proposed vacation.
A sum equal to the costs of advertising such ordinance, which such estimate shall be prepared by the Township Clerk and made available to the applicant.
A sum equal to the estimated recording costs of the ordinance to be enacted by the Township Council. The Township Clerk shall prepare such estimate and make the same available to the applicant.
The sum of $100 in the event that the street vacation requires New Jersey Department of Transportation approval.
Where the Township Council has advised the applicant that action upon the application is contingent upon the reservation of an easement or a development restriction, an additional sum of $375 shall be payable by the applicant to the Township Clerk toward the costs of the preparation and recording of such easement and/or deed providing for restricted development.
Upon the adoption of an ordinance vacating the area which is the subject of such application, the Township Clerk shall forward a copy of such ordinance to the Tax Assessor.