[HISTORY: Adopted by the City Council of the City of Vineland as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-23-1993 by Ord. No. 93-19 (Ch. 202, Art. I, of the 1990 Code)]
As used in this article, 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.
- 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 PURPOSES TAX RATE
- That portion of the municipal tax rate levied in support of municipal purpose appropriations. Said rate is identified on City of Vineland 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 applicable percentage shall be based on the statutory phase-in schedule as set forth in the Condominium Law and will be applied to the eligible services as negotiated and set forth in the reimbursement agreement.
- SOLID WASTE UTILITY
- An administrative entity created to transact the collection
and disposal of eligible solid waste, including designated recyclable
materials, and related support services, as provided by law. Said
Solid Waste Utility is assigned as a function of the Subdivision of
Solid Waste Management under the Division of Public Works in the Department
of Public Works.[Added 5-24-2011 by Ord. No. 2011-28]
The following threshold requirements shall be determined prior to providing service or entering into a reimbursement agreement:
The master deed for the qualified private community shall be provided to the Business Administrator 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.
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.
The owner shall indicate the desire or intent to dedicate the public street areas to the City or to retain the same as private areas of the community. It shall be the sole discretion of the City of Vineland whether to accept or reject street areas offered for acceptance by the City. The condition precedent to consideration of street dedication to the City of Vineland shall be whether the streets and roads meet existing City street standards as set forth in Chapter 425, Land Use, with the exception of width. It is established by this section that the City of Vineland 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 by the City of Vineland is based upon conveyance of a deed of dedication by the owner to the City and acceptance thereof by the Planning Board and the City Council of the City of Vineland. Unless the streets are dedicated to this municipality, the City will not provide service but shall enter into a reimbursement agreement therefor acceptable to the City Solicitor and authorized by the City Council of the City of Vineland.
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 § 294-4 of this article, the City of Vineland shall enter into a written agreement to annually reimburse a qualified private community.
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 City would have expended on that service if it were provided directly by the municipality to the qualified private community.
The City of Vineland 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 City of Vineland, and said documentation must be submitted to the Chief Financial Officer before reimbursement by the City of Vineland.
The governing body of the City of Vineland 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 City of Vineland in the same fashion as the municipality provides these services on 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.
Collection of leaves along the roads and streets.
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 City Clerk of the City of Vineland.
The City of Vineland's designated Municipal Services Coordinator shall be the Business Administrator or designee.
The City of Vineland 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 City of Vineland 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 City of Vineland 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 City of Vineland Chief Financial Officer.
Reimbursement checks received by the qualified private community from the City of Vineland shall be distributed as agreed in the reimbursement agreement.
It shall be the qualified private community's responsibility to provide the City of Vineland with a properly itemized and certified invoice for agreed reimbursable items.
The City of Vineland 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 City cost for services, than actually expended during the fiscal year.
The qualified private community shall furnish its fiscal year annual audit if requested by the City of Vineland Chief Financial Officer.