[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.]
A.
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:
(1)
The name, address and telephone number of the person applying for
such vacation.
(2)
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.
(3)
The name and a general description of the street, highway, right-of-way
or other public place to be vacated.
(4)
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.
(5)
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.
(6)
A narrative description of the current use of the area to be vacated.
(7)
A narrative description of the applicant's intended use of the area
to be vacated.
(8)
A description of any improvement on the area to be vacated, including
but not limited to paving, gravel, utilities or structures.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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:
(1)
The sum of $160 towards the preparation of the ordinance to be enacted
by the Township Council in connection with the proposed vacation.
(2)
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.
(3)
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.
(4)
The sum of $100 in the event that the street vacation requires New
Jersey Department of Transportation approval.
(5)
A fee equal to the fee paid by the Municipal Clerk's office
to record a street vacation pursuant to N.J.S.A. 40:67-21 and to publish
the ordinance as required by law. These fees are due within 30 days
after passage of the ordinance on second reading.
[Added 4-5-2023 by Ord.
No. 4773-23]
B.
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.
