Home Tabernacle News Ownership of public dirt road discussed at latest committee meeting

Ownership of public dirt road discussed at latest committee meeting

The road in question had a log blocking entry to it, by the property owner, in an effort to limit illegal ATV use.

Screen shot of Irick’s Causeway, Sooy Place and Powell Place roads on Google Maps.

At the Sept. 9 committee meeting, township officials discussed the most cost-effective and township-friendly way to deal with a road that’s left them in limbo for more than a year.

Township Solicitor Peter Lange said Irick’s Causeway Road between Sooy Place and Powell Place roads is an open road for drivers, however, an unidentified property owner assumed ownership of the road because of where the owner said property lines end.

The issue has come up sporadically since May 2018 when the owner originally assumed possession of it.

The owner has placed a blockage in the middle of the road to prevent people from driving down it.

Lange added the road was used in the 18th century as a wagon road, and the owners along the road have complained about illegal ATV use. A suggestion was made to remove the road from the township’s possession to help curb the use of ATVs.

The other option Lange brought up is to formally declare it as a township road through a dedication and legal action. However, the township would then need to pave it for use.

If you’re going to vacate it, at some point, you’re going to have to consider addressing the intersection of Sooy Place and Powell Place roads,” Committeeman Joseph Yates IV said. “I don’t know how many people here have been down that road, but that’s a heck of a turn.

The intersection is also a major roadway for people from Chattsworth to get into Tabernacle.

Yates added vacating the section of Irick’s Causeway could place people in harm’s way if they can’t make the left turn from Powell Place Road to Sooy Place Road and have to. He added someone could get into an accident doing a K-turn on Sooy Place Road if Irick’s is closed.

Officials from the township’s fire company and rescue squad and Emergency Management Coordinator Bob Sunbury said closing the section of Irick’s Causeway wouldn’t be a major issue, however, the nearby intersection can be dangerous when they’re in a hurry.

Sunbury later added larger emergency vehicles such as fire trucks would have an issue getting down Irick’s as it’s a dirt road.

Township Administrator Doug Cramer said if the township were to take possession of the stretch of the road, it would have to go through litigation against the property owner, seek approval from the Pinelands Commission to pave the road, set up the proper drainage and support to pave the road, then pave the road. All of which he estimated being nearly $100,000, “if not more.”

Cramer added, if the township has the funds, it could grade the road with stones in the same fashion many heavily traveled dirt roads are.

Mayor Joe Barton questioned if the township could only have the road open for local traffic, however, Cramer said enforcement would be an issue.

The road appears on all major mapping software and on official township documents.

It’s greatly disturbing to me that anybody would, out of their own volition, without the township being involved, would block a road that’s active on maps,” said Sunbury. Earlier in the meeting, Sunbury made it known to the township he intended to travel down the road for post-disaster survey, and he was stopped by a large log. 

Tabernacle Rescue Squad Chief George Jackson III said if the township agreed to vacate the road, it sets a precedence for other residents to band together to arbitrarily close roads they don’t want people to travel down.

With the committee at a standstill on what to do, Lange suggested it could keep the status quo of the road and take the property owner to court for illegally closing a road.

Deputy Mayor Kim Brown questioned if the property owner has to prove to the municipal judge why they don’t own the road, to which Lange clarified the township has to prove ownership, which could be done with tax and other public maps. 

The committee agreed to settle the issue in the municipal court by citing the owner for blocking the road.

In other news:

  • A subcommittee was formed with Brown and Committeeman Sam Moore, along with other officials within the township, to meet and discuss the fire company’s contract, and see what modifications could be made. The committee agreed to not open the contract yet.
  • Following a request from a representative from Allenwood Estates, the Land Development Board will review the “restrictive” zoning on the complex’s senior housing. Current township restrictions state every resident on the property must be 55 and over, and the complex seeks to lower the percentage (federal law is at a minimum of 80 percent) due to a variety of medical and spousal reasons.
  • Resident Colleen Domingo inquired if an update was given about speeding on Lee Drive, where her son was hit. Cramer answered stating it’s on the list to be done and is in the budget, however, it won’t be done until the beginning of 2020 due to other roads needing more attention. Following a brief discussion, he said he’ll look to see if there are funds left over to get signs put out on the road reminding people to slow down.
  • Lange said he’ll review the township’s code and votes on the Aug. 26 meeting’s Ordinance 2019-7 to see if it did pass. The ordinance, if passed, creates a Minutes Review Subcommittee to review and release executive session minutes on a quarterly basis. Votes were made 2-1, and two members were absent.

The next committee meeting is scheduled for Oct. 28, beginning at 7:30 p.m. at Town Hall.

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