[HISTORY: Adopted by the Township Committee of the Township of Blairstown as indicated in article histories. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 171.
Article I Reimbursement of Qualified Private Communities
[Adopted 7-11-2007 by Ord. No. 2007-07A]
As used in this article, the following terms shall have the meanings indicated:
- QUALIFIED PRIVATE COMMUNITY
- Defined in the manner prescribed by N.J.S.A. 40:67-23.2.
- SNOW SEASON
- That period of time commencing on October 1 of each year and ending on May 1 of the year following.
The Township shall reimburse each qualified private community, situate within the Township, for the costs and expenses incurred by said qualified private community in removing snow and ice from private roads and streets owned and controlled by it.
The amount to be reimbursed shall be the actual documented cost to the qualified private community but not exceeding the amount which the Township would have expended on removing snow and ice from the private roads and streets if accomplished by the Township rather then the qualified private community.
The amount, which the Township would have expended on removing snow and ice from the private roads and streets, is to be a sum equal to the actual costs incurred by the Township in removing snow and ice from public roads and streets during the snow season for which reimbursement is sought, calculated on a per-mile basis, as certified by the Township Certified Financial Officer, together with an enhancement to said actual costs as required to account for any increased difficulty in removing snow, ice or other obstructions from the private roads and streets as compared to the public roads and streets serviced by the Township.
The enhancement to the actual costs incurred by the Township shall be dependent upon the degree of difficulty as determined by the Township. The degrees and enhancement, as a multiple of the Township's actual cost, are as set forth below:
[Amended 2-11-2009 by Ord. No. 2009-03]
Reimbursement to qualified private communities satisfying the threshold requirements, as required by this article, shall be calculated in accordance with the following:
The Township reserves the right, in its sole discretion, to, by resolution, increase the degree of difficulty assigned to a private street or road or, in the event the private street or the road has already been designated as having a No. 4 degree of difficulty, increase the No. 4 degree of difficulty enhancement for specific private roads or streets as required to ensure compliance with the statutory reimbursement mandate.
Payment is to be made on or after June 30 of each year as reimbursement for the municipal service costs incurred by the qualified private community in the prior calendar year.
Each qualified private community shall, as a precondition of reimbursement:
Enter into a written agreement with the Township to be prepared by the Township Attorney and approved, as to form, by the Township Committee.
Provide a written resolution adopted by its governing body or in the absence of a governing body by a majority of the property owners comprising said community, designating a coordinator for the purpose of negotiating and implementing the reimbursement agreement.
Provide documented proof of its actual cost incurred for the removal of snow, ice or other obstructions during the snow season for which reimbursement is sought on or before June 1 of the year in which reimbursement is to be made.
The Township shall budget annually for the reimbursement sums to be paid to the qualified private community; which said appropriation is to be subject to a cap base budget adjustment to be provided by the State of New Jersey Director of the Division of Local Governmental Services.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
Any provision of this article which is for any reason held invalid or unconstitutional, shall be deemed a separate, distinct, and independent provision and the invalidity thereof shall not affect the validity of the remaining portions hereof.
This article shall become effective after final passage and publication according to law.