[HISTORY: Adopted by the Mayor and Council of the Township of North Brunswick as indicated in article histories. Amendments noted where applicable.]
Article I Reimbursement to Homeowners' Associations
[Adopted 9-4-2001 by Ord. No. 01-16]
Editor's Note: This ordinance also repealed former Art. I, Reimbursement to Homeowner Associations, adopted 9-21-1987.
As used in this article, the following terms shall have the meanings indicated:
- Any condominium, cooperative, fee simple community, or horizontal property regime comprised of a community trust or other trust device, condominium association, homeowners' association, property owners' association or council of homeowners wherein the cost of providing streetlighting and of maintaining roads and streets and the water mains beneath them is paid for by a not-for-profit entity consisting exclusively of unit owners within the community.
- 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. Conditionally qualified streetlight poles shall qualify for partial funding by the Township.
- 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.
- 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.
The Township of North Brunswick shall enter into a written agreement to annually reimburse the association in an amount not to exceed the cost that would be incurred by the Township in providing those services directly.
The amount to be reimbursed to the association shall be used by the association to pay for the services which the Township. of North Brunswick chooses not to provide, and that amount shall be the actual cost to the association of providing that service, but not exceeding the amount which the Township of North Brunswick would have expended on that service if it were provided directly by the Township of North Brunswick to the association.
This written agreement shall provide for an accounting by the association or the use of the money paid over to it by the Township of North Brunswick and for refunding to the Township of North Brunswick of any payments in excess of the amounts actually expended or contractually committed by the association during the accounting period in order to provide for the services covered by the agreement.
Except as otherwise provided in Subsection B of this section, the Township of North Brunswick shall reimburse the association for the following services:
For purposes of streetlighting pursuant to Subsection A(1) above, each association shall authorize the Township of North Brunswick to transfer billing of qualified streetlight poles from the association to the Township, and the Township shall assume liability for payment of lighting said poles from the date of such transfer.
The Township of North Brunswick shall partially reimburse the association for the following services:
The Township shall provide payment for streetlighting for 50% of the conditionally qualified streetlighting poles; and
The association shall authorize the Township of North Brunswick to transfer billing for 50% of the conditionally qualified streetlighting poles from the association to the Township, and the Township shall assume liability for payment of streetlighting for said poles from the date of such transfer.