[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.
- FEE SIMPLE COMMUNITY
- A private community which consists of individually owned lots or units and provides for common or shared elements or interests in real property.
- HORIZONTAL PROPERTY REGIME
- 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).
- LOCAL PURPOSE TAX RATE
- 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."
- QUALIFIED PRIVATE COMMUNITY
- 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.
- REIMBURSEMENT PERCENTAGE
- 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:
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.
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.
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, 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.
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.
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.
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.
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.
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.
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.
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.
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:
Removal of snow, ice and other obstructions from the roads and streets.
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.
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.
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.
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.
The Borough of Longport's designated Municipal Services Coordinator shall be appointed by resolution.
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.
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.
Reimbursement checks received by the qualified private community from the Borough of Longport shall be distributed as agreed in the Reimbursement Agreement.
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.