[Adopted 11-14-1989 by Ord. No. 1528 (Ch.
163 of the 1990 Code); amended in its entirety 5-12-2009 by Ord. No. 3826]
As used in this article, the following terms shall have the
meanings indicated:
ASSOCIATION
Any 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
an association. No proprietary campground facility, as defined in
N.J.S.A. 45:22A-49, shall be considered to be an association.
CONDITIONALLY QUALIFIED STREETLIGHT POLE
Those poles providing streetlighting for both qualified streets
and parking areas coincidentally and which if removed would eliminate
necessary lighting for a qualified street. Only those streetlight
poles set forth in Schedule A as conditionally qualified streetlight poles shall qualify for partial funding by the Township in accordance with §
236-3 herein.
QUALIFIED STREET
A street or road located within an association and providing
access to driveways or parking areas within that association; provided,
however, that in no event shall areas used primarily as parking areas
or parking lots be considered qualified streets. The streets and roads
set forth on Schedule A annexed hereto and made a part hereof are hereby deemed
to be a listing of all qualified streets. Any street not set forth
on Schedule A shall not be deemed a qualified street notwithstanding
any provision herein.
QUALIFIED STREETLIGHT POLE
Those poles providing streetlighting which are located on
or near qualified streets and which provide lighting for qualified
streets. Streetlighting poles providing lighting for areas primarily
used as parking lots shall be excluded from the definition of "qualified
streetlight pole." Only those streetlight poles set forth in Schedule
A as qualified streetlights shall qualify for total funding
by the Township.
REIMBURSABLE SNOW/ICE REMOVAL COSTS
Cost incurred by the association for the removal of snow
and ice from the roads and streets located on the association property
as set forth in Schedule A, excluding all costs attributable to clearing sidewalks,
parking lots and other areas of the association property other than
roads and streets.
[Amended 8-14-2012 by Ord. No. 3983]
The Township shall provide payment for streetlighting for 100%
of the conditionally qualified streetlighting poles. For purposes
of streetlighting pursuant to this section, each association shall
authorize the Township of Franklin to transfer billing for 100% of
the conditionally qualified streetlighting poles set forth in Schedule
A from the association to the Township. The Township shall
assume liability for payment of streetlighting for said poles from
the date when the association authorizes the Township to take ownership
and upon a qualified association's addition to Schedule A by official
action of the Township's governing body. In accordance with N.J.S.A.
40:67-23.3a(2), the Township shall provide streetlighting to the extent
of payment for the electricity required for the operation of such
poles, but shall not be responsible for the installation or maintenance
of lamps, standards, wiring or other equipment.