As used in this chapter, the following terms
shall have the meanings indicated:
ASSOCIATION
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.
CONDOMINIUM
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.).
COOPERATIVE
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:
A. 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. 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. 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.
D. 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. 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.
F. The Tax Assessor shall certify to the Board of Commissioners that the condominium complex meets the definition of "qualified private community" as established by N.J.S.A. 40:67-23.2, which definition is recited under §
74-1 of this chapter.
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. Removal of snow, ice and other obstructions from the
roads and streets.
B. 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. 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 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.