[Adopted 12-23-2009 by Ord. No. 30/09]
WHEREAS, under the New Jersey Municipal Services Act, N.J.S.A. 40:67-23.2 et seq. (the "Act"), municipalities are required to reimburse residents of qualified private communities for the cost of snow removal, trash (solid waste) removal and street lighting; and
WHEREAS, the Act requires that a municipality annually reimburse a qualified private community in an amount not to exceed the cost that would be incurred by the municipality for not providing services required under the municipal services act directly;
WHEREAS, the Board of Commissioners would like to establish a uniform method of calculating the cost of reimbursement related to the removal of solid waste and recyclable material from qualified private communities:
Qualified private communities seeking reimbursement for the removal and transport of solid waste and recyclable materials under the terms of the Act shall request such reimbursement, in writing, from the Municipal Administrator.
The Municipal Administrator is hereby authorized to negotiate agreements for reimbursement of solid waste and recyclable transportation and/or removal services with qualified private communities as defined in the Act, such proposed agreements to contain the following terms:
A. 
The amount of reimbursement for solid waste and recyclable material transportation and disposal from the qualified private community shall be based upon the per-household (dwelling unit) cost that the Town would incur by providing such service to the qualified association. It shall be determined by calculating what the percentage the number of households (dwellings/units) in the qualified association is to the total number of households in West New York as reported by the United States Census. The amount of reimbursement shall be the product of that percentage applied to the actual total costs incurred by the Town to provide such services to all other households throughout the Town in the preceding fiscal year, but in no event more than the actual costs incurred by the qualified association seeking reimbursement.
B. 
Any qualified association seeking reimbursement shall make its books and records available to the Town for audit as to the actual costs that it has incurred for the services for which it seeks or has received reimbursement. Any excess reimbursement received by any association shall be returned to the Town upon its demand or credited to future reimbursement payments, at the sole discretion of the Town.
C. 
No agreement for reimbursement, nor any provision of this article, shall be construed to affect or limit the obligation of the Town to collect solid waste and recyclable materials or the terms, conditions or manner in which the Town of West New York determines to do so whatsoever, and all agreements entered shall specifically disclaim and waive the right of any qualified association to claim anything other than the calculation of reimbursement provided for under the terms of the agreement.
D. 
Qualified associations, their members, agents and employees shall be solely responsible for the manner and conditions under which they provide for the collection of solid waste and recyclable materials, and nothing in this article nor any agreement entered into with the Town shall excuse their full compliance with all laws, rules and regulations pertaining to such activities.
E. 
Any qualified association entering into a reimbursement agreement with the Town shall cease to be eligible for reimbursement in the event that it fails to:
(1) 
Continue to provide for the removal of solid waste and recyclables;
(2) 
Comply with applicable health, safety and recycling laws, rules and regulations on a persistent basis; and
(3) 
Take necessary steps to cure, and in the future prevent, any health or safety violation connected with its solid waste or recyclable operations for which it receives notice of violation.
F. 
The obligations of the Town for reimbursement shall not exceed the requirements for reimbursement under the Act, and any future diminution of such obligations shall entitle the Town to a prospective reduction in its obligations under any agreement with a qualifying association.
G. 
Such agreements as negotiated shall be otherwise in accord with the terms of the article and shall be reviewed and approved by the Town Attorney.
A copy of an agreement, once negotiated, as set out above, shall be presented to the Board of Commissioners for approval.
Once approved, the Municipal Administrator is authorized to execute the agreement, and modify such agreement from time to time, but in no event more than once annually, based on the actual costs of transportation and/or removal of solid waste and recyclable material incurred by the Town, and any changes in the number of households within the Town, upon a receipt of such request of modification from the qualified private community.