[HISTORY: Adopted by the Mayor and Council of the Township of North
Brunswick as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-2001 by Ord. No. 01-16[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Reimbursement
to Homeowner Associations, adopted 9-21-1987.
As used in this article, the following terms shall have the meanings
indicated:
Any condominium, cooperative, fee simple community, or horizontal
property regime comprised of a community trust or other trust device, condominium
association, homeowners' association, property owners' association
or council of homeowners wherein the cost of providing streetlighting and
of maintaining roads and streets and the water mains beneath them is paid
for by a not-for-profit entity consisting exclusively of unit owners within
the community.
Those poles providing streetlighting for both qualified streets and
parking areas coincidentally and which, if removed, would eliminate necessary
lighting for a qualified street. Conditionally qualified streetlight poles
shall qualify for partial funding by the Township.
A street or road located within an association and providing access
to driveways or parking areas within that association; provided, however,
that in no event shall areas used primarily as parking areas or parking lots
be considered qualified streets.
Those poles providing streetlighting which are located on or near
qualified streets and which provide lighting for qualified streets. Streetlighting
poles providing lighting for areas primarily used as parking lots shall be
excluded from the definition of qualified streetlight pole.
A.
The Township of North Brunswick shall enter into a written
agreement to annually reimburse the association in an amount not to exceed
the cost that would be incurred by the Township in providing those services
directly.
B.
The amount to be reimbursed to the association shall
be used by the association to pay for the services which the Township. of
North Brunswick chooses not to provide, and that amount shall be the actual
cost to the association of providing that service, but not exceeding the amount
which the Township of North Brunswick would have expended on that service
if it were provided directly by the Township of North Brunswick to the association.
C.
This written agreement shall provide for an accounting
by the association or the use of the money paid over to it by the Township
of North Brunswick and for refunding to the Township of North Brunswick of
any payments in excess of the amounts actually expended or contractually committed
by the association during the accounting period in order to provide for the
services covered by the agreement.
A.
Except as otherwise provided in Subsection B of this section, the Township of North Brunswick shall reimburse the association for the following services:
B.
For purposes of streetlighting pursuant to Subsection A(1) above, each association shall authorize the Township of North Brunswick to transfer billing of qualified streetlight poles from the association to the Township, and the Township shall assume liability for payment of lighting said poles from the date of such transfer.
The Township of North Brunswick shall partially reimburse the association
for the following services:
A.
The Township shall provide payment for streetlighting
for 50% of the conditionally qualified streetlighting poles; and
B.
The association shall authorize the Township of North
Brunswick to transfer billing for 50% of the conditionally qualified streetlighting
poles from the association to the Township, and the Township shall assume
liability for payment of streetlighting for said poles from the date of such
transfer.
