[HISTORY: Adopted by the Township Committee of the Township
of Winslow 5-23-90 as Ord. No. 0-7-90. Amendments noted where applicable.]
A.
An application shall be made available, in a form approved by the
governing body. The application form shall include the name of the
applicant; full description of the parcel requested; unique characteristics
of the property; hardship information, if appropriate; any special
conditions of sale requested; and provide for various township department
comments during processing.
B.
Copies of the application forms shall be made available in the office
of the Township Clerk.
C.
All applications received at least sixty (60) days prior to the initial
annual date set for a public land sale, for which the proper fee has
been paid and said application is otherwise determined complete by
the office of the Township Clerk/Administrator, shall be processed
and brought before the governing body for consideration for said sale.
A.
The governing body shall, by resolution, determine those parcels
appropriate to place for public sale based on the applications submitted
timely and in complete form; determine if a minimum bid should be
applied and the amount; determine any appropriate special conditions
of sale; and finally, authorize the sale, fixing the date, time and
place.
B.
The governing body may elect to request more information to be submitted
than that which appears on the application to better determine if
any particular parcel requested should be placed for public sale;
to fix minimum bid requirements; and/or to further determine special
conditions.
C.
The decision of the governing body shall be final regarding whether
to place the parcel for sale. Any parcels of land rejected for public
sale shall not be reconsidered for at least two (2) years. The governing
body may elect to waive this requirement for due cause.
D.
The Zoning Officer may complete applications for public sale of any
lands which have come to his attention that may be in the best interest
for the township to sell timely, the governing body may consider such
applications among all others submitted and schedule such sales at
the same annual time as any and all others.
E.
Nothing herein shall prevent the governing body from entering into
agreements of a land exchange, selling or donating land to another
public entity or otherwise dealing with public lands within the State
Laws providing for same, subject to such decisions being at least
two thirds (2/3) vote of full membership of the governing body.
A.
Public notices shall be prepared by the Solicitor and advertised
according to State Law for all public land sales, as provided.
A.
Unless otherwise provided by the governing body, the Mayor shall
conduct any and all public land sales at the time and place so designated
for same.
B.
Each parcel, as advertised, shall be announced to those present and
competitive bidding then be requested aloud. Auction bidding shall
be allowed to continue until the highest bidder has been determined.
The person conducting the bids shall then call for any more bids.
When hearing none, the bidding on said parcel shall then be announced
closed and the highest bidder caused to identify himself/herself.
The name and address of the highest bidder shall be recorded and the
bidder, then and there, proceeding to make the required down payment
to the Treasurer or his/her representative. Failure of the recognized
high bidder to immediately provide the required down payment shall
nullify said bid and the next highest bid may be recognized as successful
and dealt with in the same mariner, then and there, as if it were
the high bid.
C.
A report shall be made to the governing body, subsequent to the public
sale. The governing body shall consider the bids and, by resolution,
confirm the successful bidders of those bids which have been determined
acceptable.
A.
The required deposit of the successful bidder shall be applied against
the total purchase price. The total purchase price shall include that
amount charged the township for the preparation of the deed. The total
amount may also include administrative costs such as public notice'
advertising, applicable subdivision fees/costs and/or any other sale
preparation associated directly with the parcel purchased if same
was not considered in the minimum bid amounts set forth by the governing
body.
B.
The total amount due shall be paid by the bidder within thirty (30)
days from the date of the confirming resolution, providing the township
is prepared to deliver a deed for said parcel at that time. In the
event there is a reason a deed cannot be delivered timely, the Solicitor
shall report the facts to the governing body within reasonable time.
The governing body may then either extend the time for full payment
to be received or rescind the sale on the parcel in question, causing
a full refund, except any application fee, to be made to the bidder.
The township shall be under no obligation to the bidder otherwise.
C.
The Treasurer shall report all receipts of payments made on land
sales, in writing, to the office of the Township Clerk within five
(5) days of receipt. Upon receiving notice of full payment from the
Treasurer on any particular parcel sold at public sale, the Township
Clerk's office shall notify the Solicitor to prepare the deed.
If settlement arrangements have been made, the solicitor may prepare
the deed in advance, have the appropriate signatures affixed thereto,
and deliver said deed at the time of settlement upon assuring all
matters, financially and otherwise, have been satisfied.
[Amended 6-27-90 by Ord. No. 0-9-90]
A.
Subsequent to the sale of public lands with special conditions, the
Assessor's Office shall record said conditions, reviewing the
status of same every three (3) months. The Treasury shall monthly
review any outstanding moneys due. Purchasers of public property,
not complying with the conditions set forth, shall be reported to
the office of the Township Clerk, in writing, for placing on an agenda
of the governing body meeting, with or without a recommendation for
particular action, by the Treasurer and/or Assessor, as appropriate.
B.
The governing body shall review the reports submitted and determine
the action to be taken when conditions have not been met.
C.
The Treasurer shall timely bill any purchaser for any moneys due
in lieu of required construction, as reported by the Assessor and
in accordance with the conditions of sale. Failure of any purchaser
to timely pay any amount due shall be reported by the Treasurer to
the governing body, in writing, through the office of the Township
Clerk.
D.
Any conditions and/or restrictions which have been approved by the
governing body and duly advertised in the resolution advertising the
sale of public lands shall be added to the township's deed conveying
such public lands to the successful bidder. The failure to place such
conditions and/or restrictions in the deed, however, shall not invalidate
such deed.
[Added 6-27-90 by Ord. No. 0-9-90]
A.
The public land sale application fee shall be one hundred dollars
($100.), payable by the applicant upon receipt by the applicant of
the application from the office of the Township Clerk. Said fee shall
be in consideration of the costs incurred by the township in processing
the application under normal circumstances.
B.
The governing body, upon receiving a written report citing unusual
circumstances during processing of an application, may require an
additional fee as they may so determine, to continue processing same.
Failure of the applicant to pay such an additional fee shall be cause
to discontinue processing the application and no further action will
be taken.
C.
In the event a subsequent application is received for a parcel of
public land for which an application fee has already been paid, the
subsequent applicant shall be informed thereof and any application
fee tendered by the subsequent applicant shall be refunded.
D.
The fee for the successful bidder shall be the amount bid and the
cost of the deed preparation by the Township Solicitor. The township
may add to this cost any other actual costs directly related to the
preparation and advertisement of the parcel for sale, included, but
not limited to any Land Use Act fees and/or costs; other agency fees
or costs; special survey costs; and/or appraisal costs. Such intent,
if any, shall first be revealed in the Notice of Public Sale as determined
by the governing body. The governing body may otherwise include such
anticipated costs in the minimum acceptable bid for said parcel, other
than the deed preparation costs, which shall always be additional.
