Ordinance No. 23-02

Introduced: January 23, 2023
Public Hearing: February 16, 2023 
Status: Adopted

Exhibit A

TOWNSHIP OF VERNON

ORDINANCE #23-02

ORDINANCE OF THE TOWNSHIP OF VERNON, COUNTY OF SUSSEX, STATE OF NEW JERSEY, VACATING A PORTION OF THE PAPER STREET KNOWN AS ROAD B IN THE TOWNSHIP OF VERNON

WHEREAS, The Township of Vernon (“Township”) has received a request to vacate a portion of a paper street known as Road B.  A legal description of Road B is attached hereto as Exhibit A; and

WHEREAS, the portion of Road B serves no public purpose, requires unwarranted Township maintenance costs, and needs to be vacated; and

WHEREAS, the portion of Road B is neither open to the public for purposes of vehicular traffic nor publicly maintained as a street, therefore, this vacation ordinance is not subject to review by the Commissioner of the New Jersey Department of Transportation with regard to the traffic regulations thereon pursuant to N.J.S.A. 39:4-8; and

WHEREAS, N.J.S.A. 40:67-1 (b) and N.J.S.A. 40:67-19 empowers the governing body of a municipality to make, amend, repeal and enforce ordinances to vacate any public street including the vacation of any portion of any public street, and to vacate any street, or any part thereof, dedicated to public use but not accepted by the municipality, whether or not the same, or any part, has been actually opened or improved; and

WHEREAS, the public right-of-way to be vacated shall revert to the corresponding property owner of the adjacent properties, identified as Block 442, Lot 2 and Block 465, Lot 10; and

WHEREAS, the Township Council of the Township of Vernon does determine that Road B is no longer needed for public purposes; and

WHEREAS, the Township Council of the Township of Vernon finds it to best interests of the Township and its citizenry to vacate the public right-of-way with the Township’s property interests reverting to the owner of the aforementioned lots.

NOW, THEREFORE, BE IT ORDAINED by the by the Township Council of the Township of Vernon as follows:

SECTION 1.

1. Subject to the conditions set forth herein, the rights of the public in the portion of Road B as described in Exhibit A is here hereby released, extinguished and vacated.

2. The portion of Road B as described in Exhibit A shall revert to the owner of, and shall merge, consolidate with, and become a part of the properties identified as Block 442, Lot 2 and Block 465, Lot 10 on the Official Tax Map of the Township of Vernon.

3. Pursuant to J.S.A. 40:67-1 (b) all public easements, right and interests to Road B are hereby vacated, release and extinguished except for all rights and privileges now possessed by public utilities, as defined in N.J.S.A. 48:2-13, and by any Cable Television Company, as defined in the “Cable Television Act,” N.J.S.A. 48:5-1 et seq., to maintain, repair and replace their existing facilities in, adjacent to, over or under the street, or any part thereof, to be vacated subject to the conditions described herein, all conditions, unless otherwise noted, shall be satisfied prior to said vacation being effective.

4. Pursuant to J.S.A. 40:67-21, the Township Clerk shall within sixty (60) days after this Ordinance becomes effective file a copy of this Ordinance, certified by her, under the seal of the Township of Vernon, to be a true copy of such Ordinance, together with a copy of proof of publication, if publication be required, in the office where conveyances of lands are recorded in Sussex County and such certified copy shall be recorded in a book with proper index to be provided for the purpose and entitled “Vacations.”

5. After introduction, this Ordinance shall be referred to the Vernon Township Land Use Board for review and comment pursuant to J.S.A. 40:55D-26, -32, and -33, since vacation of a public street or portion thereof constitutes a change to the official map of the Township of Vernon and the closing of a public street, albeit a paper unimproved street.

6. At least seven (7) days prior to the time fixed for the consideration of this Ordinance for final passage, a copy of this Ordinance, together with a notice of its introduction and the time and place when and where the Ordinance will be further considered for final passage, shall be given by the Township Clerk to the owners of all real property, as shown on the current tax map duplicates, to be located within 200 feet in all directions of Road B. At least ten (10) days prior to the time fixed for the consideration of this Ordinance for final passage, a copy of this Ordinance, together with the notice of its introduction and the time and place when and where the Ordinance will be further considered for final passage, shall be published at least once in a newspaper published and circulated in the Township. This is the notice required by J.S.A. 40:67-19 and N.J.S.A. 40:49-6.

SECTION 2. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 3.  Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4.  This Ordinance shall take effect immediately upon final passage, approval, and publication by law, and the recording of this Ordinance with the Sussex County Clerk’s Office.