[Amended 4-24-89 by Ord. No. 89-12]
Whenever there shall have been a dedication of land as a public street or other public right-of-way in accordance with N.J.S.A. 40:67-19 and the same has not been accepted or opened by the Township of East Brunswick and the governing body shall have received a request to vacate and extinguish the public right arising from such dedication, the procedures in this Ordinance shall be followed and are deemed to be mandatory. The request to vacate shall be transmitted to the Director of the Department of Planning and Engineering who shall make or cause to be made a visual inspection of the lands which are proposed to be vacated. He/she shall submit a report to the East Brunswick Planning Board based upon his/her findings which shall include a review of tax maps and title information to the extent available.
The Planning Board, in its discretion, may hold a hearing as to the proposed vacation upon giving written notice to all persons residing or owning property within 1000 feet of the lands to be vacated which notice shall be either by personal service or certified mail, return receipt requested. The Planning Board shall recommend to the Township Council either that the request to vacate be granted or that it be denied, setting forth its findings. If the Planning Board recommends that the street or public right-of-way be vacated, the Township Council may, at its discretion, adopt an ordinance proposing the vacation of the lands in question subject to state statutes.
At least one (1) week prior to the date set for second reading of the ordinance, the Township Clerk shall mail by ordinary mail a copy of the ordinance adopted on first reading to all persons residing or owning land within 1000 feet of any portion of the lands to be vacated and the Township Council may, in its discretion, adopt or refuse to adopt the ordinance on second reading.