[HISTORY: Adopted by the Township Council
of the Township of Lopatcong 5-1-2002 by Ord. No. 2002-12. 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-referenced 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 the corporation or association or
to purchase a unit of housing constructed or erected by the corporation
or associations.
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 Township
of Lopatcong and 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 following threshold requirements shall be
determined prior to providing service:
A.
The master deed for the qualified private community
shall be provided to the Chief Financial Officer to document the recorded
intent of the owner to establish and develop the property 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 clearly
marked with the agreed upon public area of the property and the remaining
private areas of the property.
C.
The owner shall indicate the desire or intent to dedicate the public street areas to the Township or to retain the same as private areas of the community. It shall be the sole discretion of the Township of Lopatcong whether to accept or reject street areas offered for acceptance by the Township. The condition precedent to consideration of street dedication to the Township of Lopatcong shall be whether the streets and roads meet existing township street standards as set forth in Chapter 243, Zoning and Land Use, with the exception of width. It is established by this section that the Township of Lopatcong 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 by the Township of Lopatcong
is based upon conveyance of a deed of dedication by the owner to the
Township and acceptance thereof by the Planning Board and the Township
Council of the Township of Lopatcong. Unless the streets are dedicated
to this municipality, the Township will not provide service but shall
enter into a reimbursement agreement therefor acceptable to the Township
Solicitor and authorized by the Township Council of the Township of
Lopatcong.
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.
A.
In lieu of providing some or all of the services set forth in § 59-4, the Township of Lopatcong may enter into a written agreement to annually reimburse a qualified private community.
B.
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 cost to the qualified private community
of providing that service, but not exceeding the amount which the
Township would have expended on that service if it were provided directly
by the municipality to the qualified private community.
C.
The Township of Lopatcong shall be held harmless by
the association and the qualified private community property owner,
if applicable, from any lawsuit by virtue of providing service on
dedicated streets or through the reimbursement procedure. An agreement
entered into pursuant to this section shall provide for complete accounting
of the amount expended by the qualified private owner during the year
for which reimbursement is anticipated by the Township of Lopatcong,
and said documentation must be submitted to the Chief Financial Officer
before reimbursement by the Township of Lopatcong.
The governing body of the Township of Lopatcong
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 Township of Lopatcong, in the
same fashion as the municipality provides these services on 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.
Collection of leaves along the roads and streets.
A.
Except for the initial agreement negotiated by the
developer on the association's behalf, a qualified private community
shall designate a coordinator for the purpose of negotiating and implementing
an agreement with the Township of Lopatcong pursuant to the Condominium
Services Act.
B.
A resolution of the Board of Directors of the qualified
private community appointing its designated representative and empowering
said representative to negotiate said agreement shall be filed with
the Township Clerk of the Township of Lopatcong.
C.
The Township of Lopatcong's designated municipal services
coordinator shall be the business administrator or designee.
A.
The Township of Lopatcong 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.
The Township of Lopatcong shall issue a check to the
qualified private community designee by June 30 of the applicable
fiscal year as reimbursement for municipal service costs incurred
by the Township of Lopatcong for services covered herein in the preceding
calendar year. The amount of the reimbursement check shall be calculated
in accordance with the formula established by the Township of Lopatcong
Chief Financial Officer.
C.
Reimbursement checks received by the qualified private
community from the Township of Lopatcong shall be distributed as agreed
in the reimbursement agreement.
D.
It shall be the qualified private community's responsibility
to provide the Township of Lopatcong with a properly itemized and
certified invoice for agreed reimbursable items.
A.
The Township of Lopatcong 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 Township cost for
services, as applied to the qualified private community, than actually
expended during the fiscal year.
B.
The qualified private community shall furnish its
fiscal year annual audit if requested by the Township of Lopatcong
Chief Financial Officer.
