[HISTORY: Adopted by the Board of Commissioners
of the Borough of Longport 4-20-1994 by Ord. No. 94-09. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any condominium, homeowners' or property owners' association
or cooperative which privately contracts for snow removal, streetlighting,
solid waste collection and disposal and roadway maintenance, or any
such organization where individual members privately contract for
the above described services.
The form of real property ownership provided for under the
Condominium Act, P.L. 1969, c. 257 (N.J.S.A. 46:8B-1 et seq.).
A housing corporation or association wherein the holder of
a share or membership interest in the corporation or association is
entitled to possess and occupy, for dwelling purposes, a house, apartment
or other unit of housing owned by a corporation or association, or
to purchase a unit of housing constructed or erected by the corporation
or association.
A private community which consists of individually owned
lots or units and provides for common or shared elements or interests
in real property.
The form of real property ownership provided for under the
Horizontal Property Act, P.L. 1963, c. 168 (N.J.S.A. 46:8A-1 et seq).
That portion of the municipal tax rate levied in support
of municipal purpose appropriations. Said rate is identified on Borough
of Longport tax bills as "municipal tax."
A residential condominium cooperative, fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction, comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the cost
of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community.
The percentage derived by dividing the sum of municipal expenditures
for snow removal, streetlighting, solid waste collection and disposal
and roadway maintenance by the total municipal current fund expenditures
for the current calendar year.
The following threshold requirements shall be
met by each qualified private community prior to the Borough of Longport
providing service or entering into a reimbursement agreement with
the same pursuant to this chapter:
A.Â
The master deed for the qualified private community
shall be provided to the Borough Clerk to document recorded intent
of the owner to establish and develop the condominium complex as a
qualified private community consistent with the provisions of N.J.S.A.
46:8B-1 et seq., complete with improvements intended for the common
use and enjoyment of the residents of the property.
B.Â
The site plan for the development shall be supplied
to the Borough of Longport and shall be clearly marked with the agreed-upon
public area of the property and the remaining private areas of the
property.
C.Â
The owners shall indicate their desire or intent to
dedicate the public street areas to the Borough of Longport or to
retain the same as private areas of the community. It shall be in
the sole discretion of the Borough of Longport whether to accept or
reject street areas offered for dedication to the Borough. The condition
precedent to consideration of street dedication to the Borough of
Longport shall be the ability of the condominium property owners to
meet existing Borough street standards as set forth in the Borough
of Longport Land Use Ordinance,[1] the Code of the Borough of Longport and the Statutes of
the State of New Jersey, with the exception of width. It is established
by this section that the Borough of Longport shall bear no responsibility
for maintenance of streets it does not own through dedication and
acceptance by this municipality.
D.Â
It is herein determined that the manner and conditions
under which service shall be provided is based upon conveyance of
a deed of dedication by the owner to the Borough and acceptance thereof
by the Planning Board and the Board of Commissioners of the Borough
of Longport. Unless the streets are dedicated to this municipality,
the Borough will not provide service, but shall enter into a reimbursement
agreement therefor acceptable to the Borough Solicitor and authorized
by the Board of Commissioners of the Borough of Longport.
E.Â
The Tax Assessor shall certify if the residents of
the qualified private community are the beneficiary of any existing
tax abatements or tax exemptions related to the construction thereof.
A.Â
In lieu of providing some or all of the services set forth in § 74-4 of this chapter, the Borough of Longport shall enter into a written agreement to annually reimburse a qualified private community in an amount as set forth in this chapter.
B.Â
The amount to be reimbursed to the qualified private
community shall be used by the qualified private community to pay
for the service which the municipality chooses not to provide, and
that amount shall be the actual documented cost to the qualified private
community of providing that service, but not exceeding the amount
which the Borough would have expended on that service if it were provided
directly by the municipality to the qualified private community.
C.Â
An agreement entered into pursuant to this section
shall provide for an accounting by the qualified private community
of the use of the money paid over to it by the Borough of Longport,
and for the refunding to the Borough of Longport of any payments in
excess of the amounts actually expended or contractually committed
by the qualified private community during the accounting period in
order to provide for the services covered by the agreement.
D.Â
The Borough of Longport shall be indemnified and held
harmless by the association or the qualified private community property
from any lawsuit by virtue of providing service on dedicated streets
or through the reimbursement procedure. The qualified private community
shall pay the cost of any insurance riders required by the Borough
of Longport to enable service vehicles to operate on private streets
and roads within the qualified private community.
E.Â
The Borough will not be responsible to pay to any
qualified private community a greater percentage for reimbursement
of services not provided than those percentages listed for each respected
year in the "phase-in" schedule listed as a "Whereas" clause in this
chapter.[1]
[1]
Editor's Note: the phase-in schedule in the
"Whereas" clause provided as follows:
"Fiscal Year 1993 20% of the total cost of
services in fiscal year 1993.
Fiscal Year 1994 40% of the total cost of
services in fiscal year 1994.
Fiscal Year 1995 60% of the total cost of
services in fiscal year 1995.
Fiscal Year 1996 80% of the total cost of
services in fiscal year 1996.
Fiscal Year 1997 100% of the total cost of
services in fiscal year 1997."
The Board of Commissioners of the Borough of
Longport shall reimburse a qualified private community for the following
services or provide the following services within a qualified private
community, if said streets are dedicated to the Borough of Longport,
in the same fashion as the municipality provides these services on
the public roads and streets:
A.Â
Removal of snow, ice and other obstructions from the
roads and streets.
B.Â
Lighting of the roads and streets, to the extent of
payment for electricity required, but not including the installation
or maintenance of lamps, standards, wiring or other equipment.
C.Â
The collection of trash and garbage, if requested
to a qualified private community. The applicable tax rate shall be
charged to the qualified private community for providing said services
in the same manner as charged to all other property owners participating
in and receiving services for said collection services.
A.Â
The qualified private community shall designate a
Coordinator for the purpose of negotiating and implementing an agreement
with the Borough of Longport pursuant to the Condominium Services
Act.
B.Â
A resolution to the Board of Directors of the qualified
private community appointing their designated representative and empowering
said representative to negotiate said agreement shall be filed with
the Borough Clerk of the Borough of Longport.
C.Â
The Borough of Longport's designated Municipal Services
Coordinator shall be appointed by resolution.
A.Â
The Borough of Longport shall budget annually the
reimbursement percentage required to compensate the qualified private
community, said appropriation to be subject to a cap base budget adjustment
as provided by the State of New Jersey, Director of the Division of
Local Government Services.
B.Â
The Borough of Longport shall issue a check to the
qualified private community property owner prior to July 1 of the
subsequent year for the previous calendar year as reimbursement for
the municipal service costs incurred for services covered pursuant
to this chapter. The amount of the reimbursement check shall be calculated
in accordance with the formula established by the Chief Financial
Officer of the Borough of Longport.
C.Â
Reimbursement checks received by the qualified private
community from the Borough of Longport shall be distributed as agreed
in the Reimbursement Agreement.
D.Â
It shall be the qualified private community's responsibility
to provide the Borough of Longport with a properly itemized and certified
invoice for agreed reimbursable items prior to the issuance of any
said check.
The Borough of Longport shall be provided with
required data to support and justify eligibility for reimbursement
of expenses incurred by the qualified private community. In no event
shall the qualified private community receive more, based on Borough
cost for services, than actually expended during the fiscal year.
The qualified private community shall furnish their fiscal year annual
audit if requested by the Borough of Longport Chief Financial Officer.
