[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:
CONDOMINIUM
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.).
QUALIFIED PRIVATE COMMUNITY
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. 
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 the electricity required, but not including the installation or maintenance of lamps, standards, wiring or other equipment;
C. 
Collection of garbage along the roads and streets; and
D. 
Fire hydrant maintenance in accordance with § 206-4.
[Added 5-8-1995 by Ord. No. 1,147, effective 5-28-1995]
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. 
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) 
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) 
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) 
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. 
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) 
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) 
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.
(3) 
Road miles in each qualified private community:
(a) 
Hilltop Farms: 0.47 mile.
(b) 
Pine Brook Village: 0.49 mile.
(c) 
Skyline Village: 1.15 miles.
(d) 
Society Hill I: 0.84 mile.
(e) 
Society Hill II: 0.68 mile.
(f) 
Borough of Lincoln Park: 55.00 miles.
C. 
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. 
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) 
Twenty percent of the total cost of services for the period September 1, 1990, through December 31, 1990.
(2) 
Twenty percent of the total cost of services in 1991.
(3) 
Forty percent of the total cost of services in 1992.
(4) 
Sixty percent of the total cost of services in 1993.
(5) 
Eighty percent of the total cost of services in 1994.
(6) 
One hundred percent of the total cost of services thereafter.
E. 
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. 
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:
(1) 
Is not accepted for dedication to public use; or
(2) 
Does not meet all municipal standards and specifications for such dedication except for width.
B. 
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.