Borough of Eatontown, NJ Street Vacations

Definitions. As used in this article, the following terms shall have the meanings indicated:

Any person or business entity seeking a vacation of a street or other right-of-way pursuant to N.J.S.A. 40:67-19.

Any request by an applicant seeking a vacation of a street or other right-of-way pursuant to N.J.S.A. 40:67-19 providing the name and address of the applicant, the basis for the proposed vacation, and any other information reasonably requested by the Borough.

BOROUGH

The Borough of Eatontown, County of Monmouth, State of New Jersey.

BOROUGH CONSULTANTS

Shall include any consultants retained by the Borough in order to provide professional services to the Borough, including but not limited to engineering, planning and legal services.

ESCROW DEPOSIT

Shall have the meaning set forth within Subsection C herein.

REIMBURSABLE SERVICES

Shall have the meaning set forth within Subsection D herein.

Application. All applicants seeking to vacate a street or right-of-way shall submit an application to the Borough. The Borough will not consider an application until all escrows are paid in full.

Escrow deposit.

(1)

The Borough shall require a minimum escrow deposit of $5,000 for all applicants seeking the Borough's consideration of their applications. If the Borough determines that it is necessary, due to the scale and complexity of the application, the Borough may require the applicant to establish an escrow deposit in an amount exceeding $5,000 by providing written notification thereof to the applicant.

(2)

The escrow deposit shall be deposited by the Borough into an interest-bearing escrow account and shall be utilized to reimburse the Borough for the reimbursable services performed on behalf of the Borough by the Borough consultants. No applicant shall be charged for any municipal, clerical or administrative functions, other than the initial application processing fee, overhead expenses, meeting room charges or any of the municipal costs and expenses except as provided for specifically herein; nor shall a Borough consultant add any such charge to his bill.

(3)

Any interest accumulated in the escrow account shall be rolled into the escrow deposit and used to reimburse the Borough for reimbursable services performed on behalf of the Borough by the Borough Consultants.

Scope of reimbursable services. The Borough shall be entitled to be reimbursed for all professional services performed by the Borough consultants relating in any way to the Borough's consideration of the application. Reimbursable services shall include, but not be limited to, the following Borough consultant services: the review of applications, both as to completeness and as to content; the review and preparation of documents including, but not limited to, drafting resolutions, agreements, and correspondence relating to the application; inspection fees associated with the application; phone conferences between Borough consultants and any other person or party regarding the application; and attendance at any meetings relating to the application.

Replenishment of escrow deposit. If the escrow deposit falls below $1,000 at any time, the Chief Financial Officer of the Borough will provide written notification thereof to the applicant and the applicant shall replenish the escrow deposit to its full initial amount within 15 days of its receipt of such written notification. The failure of the applicant to timely replenish the escrow deposit shall be deemed to terminate the application and, in that event, the close-out procedures for the escrow deposit set forth herein will be initiated, and the Borough shall have no further obligation to consider the application or to have the Borough consultants provide any reimbursable services relating thereto.

Payments from escrow deposit. Each payment charged to the escrow deposit for reimbursable services shall be pursuant to a voucher from the applicable Borough consultant, which voucher shall identify the personnel performing the service, the date that the services were performed, the hours spent (to at least one-quarter-hour increments), the hourly rate and the expenses (if any) incurred. All Borough consultants shall submit vouchers to the Chief Financial Officer of the Borough on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer. If the salary, staff support and overhead for a Borough consultant are provided by the Borough, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals, by (2) the number of hours spent by the respective Borough Consultant upon reimbursable services.

Close-out procedures. The following close-out procedures shall apply to all escrow deposits established and held under this subchapter and shall commence after the Borough has made final disposition as to the application or when the applicant provides written notice of its termination of its application. Upon the occurrence of either event, the applicant shall send written notice by certified mail to the Chief Financial Officer of the Borough requesting a final bill, accounting, and refund of monies, if any, remaining in the escrow deposit. After receipt of such notice, the Borough Consultants shall render a final bill to the Chief Financial Officer of the Borough within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Borough shall render a written final accounting to the applicant on the uses to which the escrow deposit was put within 45 days of receipt of the final bill. Any balances remaining in the escrow deposit including interest shall be refunded to the applicant along with the final accounting.

Appeals.

(1)

An applicant shall notify in writing the Borough Council with copies to the Chief Financial Officer and the Borough consultant whenever the applicant disputes the charges made by a Borough consultant for reimbursable services. The applicant must file such appeal with the Chief Financial Officer within 15 days of receipt of notice of billing of the disputed charges. The Chief Financial Officer shall within 30 days attempt to resolve any disputed charges. Failure of the Chief Financial Officer to act within the thirty-day time period does not constitute a waiver of any right by the Borough. If the matter is not resolved to the satisfaction of the applicant within this thirty-day period, the applicant may appeal the disputed charges to the Borough Council. If the applicant disputes the Chief Financial Officer's determination, the applicant shall file an appeal within five days of receipt of the Chief Financial Officer's determination or the expiration of the thirty-day period, whichever occurs first. An applicant or his authorized agent shall submit the appeal in writing to the Borough Council and any Borough consultant whose charge is the subject of the appeal. Failure of the applicant to comply within the aforementioned time provisions represents a bar to the respective claim for disputed charges.

(2)

The Borough Council shall afford any applicant appealing a disputed charge under this subsection an opportunity to be heard and present evidence on its behalf. The Borough Council shall schedule the hearing within 45 days of receiving written notice of an appeal. The Borough will be allowed to present evidence to support its decision. The rules of evidence do not strictly apply. The Borough Council will then issue a final decision by resolution describing the appropriate action to be taken within 45 days.

(3)

During the pendency of any appeal, the Borough shall continue to process, hear and decide the application. The Chief Financial Officer may pay charges out of the escrow deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a Borough consultant who is not an employee of the Borough, the Borough consultant shall reimburse the Borough in the amount of any such disallowed charge.