[HISTORY: Adopted by the City Council of the City of Brigantine as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-1993 by Ord.
No. 24-1993]
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 association.
A private community which consists of individually owned lots or
units and provides for common or shared elements or interests in real property.
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 Brigantine 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 percentage derived by dividing the sum of municipal expenditures
for snow removal, streetlighting, solid waste collection and disposal and
roadway maintenance by the total municipal current fund expenditures for the
calendar year.
The following threshold requirements shall be met by each qualified
private community prior to the City of Brigantine providing service or entering
into a reimbursement agreement with same pursuant to this article.
A.
The master deed for the qualified private community shall
be provided to the City Manager to document the recorded intent of the owner
to establish and develop the condominium complex 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 supplied to
the City of Brigantine and shall be clearly marked with the agreed-upon public
area of the property and the remaining private areas of the property.
C.
The owners shall indicate their 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 in the sole discretion of the City of Brigantine
whether to accept or reject street areas offered for dedication to the City.
The condition precedent to consideration of street dedication to the City
of Brigantine shall be the ability of the condominium property owners to meet
existing City street standards as set forth in the City of Brigantine Land
Use Ordinance,[1] the Code of the City of Brigantine and the statutes of the State
of New Jersey, with the exception of width. It is established by this section
that the City of Brigantine 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 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 Brigantine. 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 Brigantine.
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 § 141-4 of this article, the City of Brigantine shall enter into a written agreement to annually reimburse a qualified private community in an amount as set forth in this article.
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 documented 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.
An agreement entered into pursuant to this section shall
provide for an accounting by the qualified private community of the use of
the money paid over to it by the City of Brigantine, and for the refunding
to the City of Brigantine 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 City of Brigantine shall be indemnified and held
harmless by the association or the qualified private community property owner
from any lawsuit by virtue of providing service on dedicated streets or through
the reimbursement procedure.
E.
The City will not be responsible to pay, to any qualified
private community, a greater percentage for reimbursement of services not
provided than those percentages listed for each respective year in the phase-in
schedule listed as a "Whereas" clause in this ordinance.[1]
[1]
Editor's Note: The phase-in schedule, as stated in the preamble to
Ord. No. 24-1993, is as follows:
Fiscal year 1993: 20% of the total cost of services in fiscal year
1993.
Fiscal year 1994: 40% of the total cost of services in fiscal year
1994.
Fiscal year 1995: 60% of the total cost of services in fiscal year
1995.
Fiscal year 1996: 80% of the total cost of services in fiscal year
1996.
Fiscal year 1997: 100% of the total cost of services in fiscal year
1997.
The governing body of the City of Brigantine 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 Brigantine, 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.
The collection of trash and garbage, if requested, to
a qualified private community. The applicable tax rate shall be charged to
the qualified private community for providing said services in the same manner
as charged to all other property owners participating in and receiving services
for said collection services.
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 Brigantine.
C.
The City of Brigantine's designated Municipal Services
Coordinator shall be the City Manager or his designee.
A.
The City of Brigantine 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 Brigantine shall issue a check to the qualified
private community property owner prior to June 1 of the subsequent year for
the previous calendar year as reimbursement for municipal service costs incurred
for services covered pursuant to this article. The amount of the reimbursement
check shall be calculated in accordance with the formula established by the
City of Brigantine Chief Financial Officer.
C.
Reimbursement checks received by the qualified private
community from the City of Brigantine shall be distributed as agreed in the
reimbursement agreement.
D.
It shall be the qualified private community's responsibility
to provide the City of Brigantine with a properly itemized and certified invoice
for agreed reimbursable items prior to the issuance of any said check.
A.
The City of Brigantine 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 Brigantine Chief Financial Officer.
