[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 7-14-2009 by Ord. No. 4213-09. Amendments noted where applicable.]
All qualified private communities, as defined herein, shall be reimbursed for eligible municipal services or the Township shall have the option to provide these services in the same fashion as the municipality provides these services on public roads and streets.
As used in this article, the following definitions shall apply:
- The entity responsible for the administration of a qualified private community which entity may be incorporated or unincorporated.
- The form of real property ownership provided for under the Condominium Act, 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 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, N.J.S.A. 46:8A-1 et seq.
- LOCAL PURPOSE TAX
- That portion of the municipal tax rate levied in support of municipal purpose appropriations. Said rate is identified on Township 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 based on the statutory phase-in schedule as set forth in the Condominium Services Act and shall be applied to the eligible services as negotiated and set forth in the reimbursement agreement.
- The Township of Toms River, Ocean County, New Jersey.
The following requirements shall be determined prior to providing municipal services or entering into a reimbursement agreement:
The master deed for the qualified private community shall be provided to the Township Engineer 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 its desire or intent to dedicate the public street areas to the Township or to retain same as private areas of the community. The Township shall have the sole discretion to determine whether to accept or reject street areas offered for acceptance by the Township. The condition precedent to consideration of street dedication shall be whether the streets and roads meet existing Township street standards as set forth in Chapter 348, Land Use and Development Regulations, with the exception of width. The Township shall bear no responsibility for maintenance of streets that it does not own through dedication and acceptance.
The manner and conditions under which service shall be provided by the Township 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. Should the Township provide services to any private street, the qualified private community or association shall be required to produce an insurance policy naming the Township as the insured party. The insurance policy shall provide combined liability coverage in an amount not less than $1,000,000.
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 municipal services set forth in these regulations, the Township 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 services 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.
The Township shall be held harmless by the association and the qualified private community property owner, if applicable, from any lawsuit by virtue of providing services on dedicated streets or through the reimbursement procedure. An agreement entered into pursuant to this article shall provide for complete accounting of the amount expended by the qualified private community during the year for which reimbursement is anticipated by the Township, and said documentation must be submitted to the Director of Public Works and Township Attorney before reimbursement by the Township.
The Township will reimburse a qualified private community for the following municipal services or provide said services within a qualified private community 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 the electricity required, but not including installation or maintenance of lamps, standards, wiring or other equipment; and
Collection of leaves, recyclable materials, trash and garbage and bulky waste along the roads and streets.
Nothing in these regulations shall require the Township to operate any municipally owned or leased vehicles, or other equipment, or to provide any of the municipal services enumerated herein, upon, along or in relation to any road or street within a qualified private community which either is not accepted for dedication to public use or does not meet all municipal standards and specifications for such dedication, except for width.
The qualified private community shall designate a coordinator for purposes of negotiating and implementing an agreement pursuant to the Condominium Services Act.
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 and the Director of Public Works.
The Township 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.
It shall be the qualified private community's responsibility to provide the Director of Public Works with a properly itemized and certified invoice for agreed reimbursable expenses for the previous annual year and with required data to support and justify eligibility for reimbursement of expenses incurred by the qualified private community no later than April 15 after the annual year. The Township shall not be obligated to pay any monies to a qualified private community or association in which said reimbursement of expenses is not submitted within the time frame established by ordinance. In no event shall the qualified private community receive more, based on Township cost for services, than actually expended during the annual year.
The qualified private community shall furnish its annual year audit to the Township's Chief Financial Officer.
The Township shall issue a check to the qualified private community designee by June 30 after the applicable annual year as reimbursement for municipal service costs incurred by the Township 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's Director of Public Works.
Reimbursement checks received by the qualified private community from the Township shall be distributed as agreed in the reimbursement agreement.