Office of the Township Clerk
Ordinances

TOWNSHIP OF VERNON
ORDINANCE #06-10

AUTHORIZING THE SPECIAL ASSESSMENT OF PROPERTIES LISTED HEREIN FOR THE IMPROVEMENTS TO SILVERDALE LANE AND PURSUANT TO NJSA 40:56-21 ET SEQ

WHEREAS, the residents of Silverdale Lane unanimously requested the improvement of Silverdale Lane and agreed to be assessed for the improvements; and

WHEREAS, the Township has completed said improvements and the Engineer has certified the costs to the Assessor; and

WHEREAS, the Township Council has adopted a preliminary Resolution for the purpose of said assessment.

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. The special assessment of costs for the improvement of Silverdale Lane shall be conducted by the Township Tax Assessor based upon the certified costs of improvement provided by the Engineer and Chief Financial Officer. The total amount of the assessment shall not exceed the total cost thereof less statutory credits, if any.

2. The Tax Assessor shall view the improvements and shall thereafter fix a time, date and place for a hearing of all interested persons. Notice shall be mailed to all interested persons and all affected real property owners to their last known address and shall be published pursuant to NJSA 40:56-25.

3. The Tax Assessor shall have all of the duties, powers and the obligations set forth in NJSA 40:56-26 and shall provide to all affected persons the right to be heard regarding the assessment of the cost of improvements.

4. The assessment determined for each property by the Tax Assessor shall be computed in accordance with NJSA 40:56-27.

5. Incidental damages, if any, that are incurred in conjunction with the assessment process or the improvement process shall be determined and controlled by NJSA 40:56-28 and 29.

6. The Tax Assessor shall prepare a report to the Council, and certify same, of the award for damages or incidental damages, if any, and the assessment and shall include a map showing any real estate taken, damaged or benefited by the improvement. Ownership of property for which an award may be appropriate and issues concerning differences in award or assessment shall be governed by NJSA 40:56-44 through 47.

7. The Township Council shall consider the report at any meeting of which at least two weeks notice shall have been given by the Clerk, posted in five public places in the Township or published in the official newspaper once in each week for two weeks prior to the meeting, and by mailing a copy of the notice to each affected property owner to their last known address. The Clerk shall prepare an affidavit of mailing which shall be conclusive as to such mailing. The notice shall state the object of the meeting with respect to the assessment. The Council, at the meeting or any subsequent meeting, may adopt the report and confirm same with or without amendments. The adopted report shall be final subject to statutory rights of appeal.

8. After confirmation, a duly certified copy shall be forwarded by the Clerk to the Tax Collector. Payment of the assessment shall be due and payable as set forth in NJSA 40:56-31 unless the Council provides for installment payments.

9. Interest on unpaid assessments shall be governed by NJSA 40:56-32.

10. The assessment shall be a lien on the assessed property pursuant to NJSA 40:56-33.

11. Assessments which may be set aside pursuant to a decision of a Court of competent jurisdiction shall be governed by NJSA 40:56-34.

12. The Council may, by Resolution, provide for the payment of assessments in installment payments for a period not to exceed ten years, with legal interest thereon. In the event the Council adopts a Resolution permitting the payment of the assessment in installments, same shall be governed by NJSA 40:56-35.

13. All assessments collected shall be placed in an account known as the “local improvement assessment account”. Such funds shall be used in accordance with NJSA 40:56-36.

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

15. 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.

16. 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 March 27, 2006 and the same came up for final passage at the Regular Meeting of the Township Council held on April 10, 2006, 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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JANET E.MORRISON, MAYOR

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