21 Church Street, Vernon, NJ 07462
Introduced: January 23, 2023
Public Hearing: February 16, 2023
TOWNSHIP OF VERNON
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 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 Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.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.