[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.
A private community which consists of individually owned
lots or units and provides for common or shared elements or interests
in real property.[1]
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 City
of Vineland 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 applicable percentage shall be based on the statutory
phase-in schedule as set forth in the Condominium Law[2] and will be applied to the eligible services as negotiated
and set forth in the reimbursement agreement.
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:
A.
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.
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 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.
D.
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.
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 § 294-4 of this article, the City of Vineland shall 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
City would have expended on that service if it were provided directly
by the municipality to the qualified private community.
C.
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:
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.
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 City Clerk of the City of Vineland.
C.
The City of Vineland's designated Municipal Services
Coordinator shall be the Business Administrator or designee.
A.
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.
B.
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.
C.
Reimbursement checks received by the qualified private
community from the City of Vineland shall be distributed as agreed
in the reimbursement agreement.
D.
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.
A.
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.
B.
The qualified private community shall furnish its
fiscal year annual audit if requested by the City of Vineland Chief
Financial Officer.
