Office of the Township Clerk
Ordinances

TOWNSHIP OF VERNON
ORDINANCE #04-22

ESTABLISHING A PROCEDURE FOR ROAD IMPROVEMENT, ASSESSMENT, DEDICATION AND ACCEPTANCE PROGRAMS FOR EXISTING PRIVATE ROADS IN THE TOWNSHIP OF VERNON

WHEREAS, there exist many roads in the Township which are private, underdeveloped and undeveloped; and

WHEREAS, residents of the Township periodically request that the Township improve and accept dedication of such roads as public roads; and

WHEREAS, the Township Council desires to establish a procedure to facilitate the process of road development, dedication and acceptance of private roads in the Township of Vernon, New Jersey.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:

1. This Ordinance establishes the procedure for the dedication and acceptance of private roads and streets which are directly connected to improved public state, county or township roads and streets in the Township of Vernon.

2. Procedure

A. The owners of property abutting or adjoining a private road as set forth above may petition the Township Council for the purpose of dedicating the private road for acceptance as a public road. The petition, in the form hereafter set forth, shall contain the signatures of a minimum of 51% of the property owners of property abutting or adjoining the private road to be considered by the Township Council. The percentage of signatures shall be verified by the Township Clerk, Assessor and Engineer, in their sole determination. The percentage of signatures shall be certified by the Township Clerk to the Council. At such time as the signatures are confirmed and the 51% threshold is met, the Township shall proceed as hereafter set forth. In such cases as the petition does not bear the signatures of 51% of affected property owners (those property owners abutting or adjoining the subject road), the Township shall so notify the designated petitioner(s) and the petition shall not be further considered until such time as the designated petitioner(s) may re-file same with the required number of signatures.

B. The petition shall be printed or typed and shall contain the full name of each property owner with the current address by street or road number and lot and block as set forth on the current Vernon Tax Map. The petition shall be signed and dated by each petitioner requesting the dedication and acceptance. The petition shall further contain the approximate road frontage, in linear feet, of each and all properties which will be affected by the dedication and acceptance whether or not an owner signs the petition. A current full size tax map shall be attached showing the location of each and all affected properties with the name of owner, lot and block and road frontage set forth on the mapped lot. The petition shall be dated on each page and contain the name or names of the person or persons designated by the petitioner(s) as the designated petitioner(s), who shall be empowered with the authority to receive notices from the Township, at the top of each page of the petition, indicated as follows:
DATE:
DESIGNATED PETITIONER(S): ______________________________

C. In such cases as the Township Clerk shall certify to the Council that a petition has been signed by 51% or more of affected property owners, the Township Council may, by Resolution, authorize and direct the Township Engineer to inspect the road under petition and to submit a report regarding the condition of same and the preliminary cost estimate to bring the subject road to current Township standards and further authorize and direct the Superintendent of Public Works to submit a report regarding the estimate for prospective road maintenance and snow removal. Said reports shall be submitted to the Council within 45 days from the date of the Resolution.

1. In such cases where the subject road meets current Township road standards as certified by the Township Engineer, the Township Council, may, in its sole discretion, proceed to accept dedication of the road pursuant to state statute. In such cases as the Township may notify the petitioner(s) of the decision to accept dedication, the petitioners shall provide to the Township a proposed deed of dedication, affidavit of title, title insurance commitment to the Township of Vernon from a licensed title insurance company in New Jersey (with policy to be provided upon acceptance) and such further documents as may be required to transfer title of the subject road to the Township free and clear of all liens and encumbrances. Said documents must be acceptable to the Township Attorney.

2. In such cases as the Township Engineer shall report to the Council that the subject road requires upgrading to Township standards, the Township Council may, in its sole discretion, reject the petition or notify the petitioners by sending a copy of the report and the preliminary estimate of costs to the designated petitioner(s). Said report must be provided by the designated petitioner(s) to all affected property owners by certified mail, return receipt requested. No further action shall be taken by the Township after such a notice is sent by the Township to the designated petitioner(s) unless the Township receives, within 30 days of notice to the designated petitioner(s), a certification from the designated petitioner(s) certifying that at least 51% of the affected property owners desire to continue with the dedication and acceptance process and a copy of the white or green certified mail cards as proof of the notice to affected property owners. Upon receipt of such notification and proof of mailing, the Township Council may, in its sole discretion, proceed to accept dedication of the road pursuant to state statute after the subject road is brought to current Township standards by the petitioners and said improvements are confirmed by the Township Engineer or, in the Township Councils sole discretion, prior to improvement but subject to the process set forth herein for assessment of the costs of the road improvement. In either case, the petitioners shall provide to the Township a proposed deed of dedication, affidavit of title, title insurance commitment to the Township of Vernon from a licensed title insurance company in New Jersey (with policy to be provided upon acceptance) and such further documents as may be required to transfer title of the subject road to the Township free and clear of all liens and encumbrances. Said documents must be acceptable to the Township Attorney.

D. In such cases as the Township Council determines to accept dedication of a road prior to improvement, the following shall occur in the order set forth.

1. The Township Attorney shall review the title commitment and confirm that the subject road is free and clear of all liens and encumbrances.

2. The Township Engineer shall prepare a survey of the subject road with metes and bounds description, prepare plans and specifications for the improvements and necessary rights of way and determine a final estimate of cost.

3. Funds shall be appropriated, at the sole discretion of the Township Council, from either the Township capital expenditure budget or by bonding pursuant to state statute.

4. The Township shall, at the sole discretion of the Township, construct the project with Township personnel or advertise for bids, award the contract(s) and proceed with construction by the selected contractor(s).

5. Upon completion of the construction, the Township Engineer shall certify the completion of the project and present the cost certification to the Township Council.

6. The Township shall proceed with the assessment of the project costs pursuant to state statute.

3. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.

4. If any article, section, subsection, term or condition of this Ordinance is declared invalid or illegal for any reason, the balance of the Ordinance shall be deemed severable and shall remain in full force and effect.

5. This Ordinance shall take effect after publication and passage according to law.

NOTICE

NOTICE IS HEREBY GIVEN that the above ordinance was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Vernon in the County of Sussex, State of New Jersey held in the Municipal Building on July 26, 2004 and the same came up for final passage at the Regular Meeting of the Township Council held on August 9, 2004, at which time, after persons interested were given an opportunity to be heard concerning said ordinance, the same was passed and will be in full force in the Township according to law.

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IRA WEINER, MAYOR

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PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK