[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 9-6-1994 by Ord. No. 1,121, effective 9-26-1994
(Ch. 182 of the 1991 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The form of real property ownership provided for under the
Condominium Act, P.L. 1969, c. 287 (N.J.S.A. 46:8B-1 et seq.).
A residential condominium, the residents of which do not
receive any tax abatement or tax exemption related to its construction,
comprised of a condominium association or homeowners' association
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 except in the case of a low- and moderate-income
set-aside development which shall receive the same services accorded
to other qualified private communities under the provisions of this
chapter.
The Borough of Lincoln Park shall provide the following services
within a qualified private community in the same manner as the Borough
provides for such services on public roads and streets or, alternately,
should the Borough fail to make such provision for services, then
at the request of a qualified private community expressed in a resolution
duly adopted, the Borough of Lincoln Park shall reimburse a qualified
private community for the following enumerated services:
A.Â
Removal of snow, ice and other obstructions from the roads and streets;
B.Â
Lighting of the roads and streets, to the extent of payment for the
electricity required, but not including the installation or maintenance
of lamps, standards, wiring or other equipment;
C.Â
Collection of garbage along the roads and streets; and
As a condition to providing reimbursement authorized by this
chapter, the Borough shall enter into a written agreement for a five-year
term to annually reimburse the qualified private community in an amount,
not to exceed the cost that would be incurred by the Borough in providing
equivalent to Borough services directly, to be calculated as follows:
A.Â
The reimbursement amount for the collection of garbage shall be based
on the actual per unit cost of the collection of garbage as provided
by the Borough's prevailing contract.
(1)Â
Tonnage. Provide reimbursement to each qualified private community
based on the tonnage per qualified private community unit as determined
by the Morris County figures. Apply the per ton figure to the tipping
fee in effect for the reimbursement period.
(2)Â
Collection cost. Determine by dividing total collection cost to the
Borough by the number of residences other than qualified private community
residences. Apply the net residences cost for the Borough to each
qualified private community.
(3)Â
Number of residences. Number of residences per qualified private
community and the Borough of Lincoln Park shall be determined by the
Assessor's office.
B.Â
The reimbursement amount for the provision of municipal services
to remove snow and ice and other obstructions from roads and streets
and to provide lighting of the roads and streets to the extent of
the payment for the electricity required shall be calculated with
respect to the running length of the roads and streets within the
qualified private community, excluding areas which are primarily used
as parking areas or parking lots, and shall be based on the actual
cost incurred by the Borough in providing such services on public
streets as follows:
(1)Â
Snow plowing reimbursement formula. Total cost of sand, salt and
grit plus labor to the Borough for the most recent three fiscal years
divided by three to arrive at the average cost per year. Apply the
three-year average to the road miles for each qualified private community.
(2)Â
Streetlighting reimbursement formula. Total cost of electricity to
the Borough for streetlighting for the previous fiscal year divided
by 55 or the actual number of road miles in the Borough to equal cost
per mile for streetlighting. Apply cost per mile based on actual road
mileage in each qualified private community.
C.Â
The reimbursement agreement shall provide for an accounting by the
qualified private community of the use of the money paid over to it
and for the refunding to the Borough of any payments in excess of
the amounts actually expended or contractually committed by the qualified
private community during the accounting period in order to provide
for the services covered by the agreement.
D.Â
The reimbursement agreement shall provide that the Borough shall
reimburse the qualified private community for a portion of the cost
of providing services; however, not exceeding the amount which the
Borough would have expended to provide services equivalent to Borough
services beginning on September 1, 1990, and in each local budget
year thereafter in the following manner:
(1)Â
Twenty percent of the total cost of services for the period September
1, 1990, through December 31, 1990.
(2)Â
Twenty percent of the total cost of services in 1991.
(3)Â
Forty percent of the total cost of services in 1992.
(4)Â
Sixty percent of the total cost of services in 1993.
(5)Â
Eighty percent of the total cost of services in 1994.
(6)Â
One hundred percent of the total cost of services thereafter.
E.Â
The reimbursement agreement shall provide that the Borough will reimburse
on October 1, 1990, for the period September 1, 1990, through December
31, 1990, and thereafter reimbursement shall occur no more frequently
than a calendar quarter.
[Amended 5-8-1995 by Ord. No. 1,147, effective 5-28-1995]
A.Â
Nothing in this chapter shall require the Borough to operate any municipally owned or leased vehicles or other equipment or to provide any of the services enumerated in § 206-2 hereof upon, along or in relation to any road or street in a private community which either:
B.Â
The Borough of Lincoln Park shall provide for fire hydrant maintenance
services within all qualified private communities and all fire hydrant
standby fees for such maintenance shall be canceled beginning and
effective January 1, 1996.
