S975

SENATE, No. 975

STATE OF NEW JERSEY

INTRODUCED MARCH 18, 1996

By Senator EWING

An Act authorizing municipalities to create snow removal districts, amending P.L.1989, c.299 (C.40:67-23.2 et seq.) and supplementing chapter 67 of Title 40 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The governing body of any municipality may, by ordinance and subject to the approval of the Director of the Division of Local Government Services in the Department of Community Affairs, set off and create within its boundaries one or more districts, covering all or a portion of the area of the municipality, which district shall be known as a snow removal district. The governing body may, by ordinance and subject to the approval of the Director of the Division of Local Government Services in the Department of Community Affairs, alter the boundaries of any snow removal district so created. A snow removal district created pursuant to this section shall be a local unit subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).

2. (New section) The governing body of a municipality which creates a snow removal district or districts pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall either by contract subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), or through utilization of its employees, material and labor, provide for the removal of snow within a snow removal district.

3. (New section) The governing body of the municipality annually shall determine the amount of money necessary for the support of the snow removal district. The amount so determined shall be assessed on the value of all taxable property within the district and collected as taxes are collected and be controlled and expended by the municipality for the purposes herein specified. The ordinance which creates the snow removal district shall specify that any assessment made pursuant to this section is to be used solely to provide for the support of the snow removal district. Any tax levied and collected to provide for the payment of the cost of snow removal shall appear as a separate item on the municipal tax bill. The collector shall pay the same to the municipal treasurer, to be applied only to the purposes for which it is raised. Within 10 days following the adoption of an ordinance pursuant to this section, the municipality shall forward a copy of the ordinance to the Director of the Division of Local Government Services in the Department of Community Affairs. The budget for the snow removal district shall be introduced and adopted concurrently with the budget resolution.

A municipality which creates a snow removal district pursuant to section 1 of P.L. ,c. (C. ) (pending before the Legislature as this act) may provide a loan of funds to the snow removal district in any year in which the budget for the snow removal district is insufficient, due to circumstances beyond the control of the snow removal district, to fully fund the expenses of snow removal within the district.

4. (New section) All moneys assessed and levied pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be a lien upon the land against which they are assessed in the same manner that taxes are made a lien against land pursuant to Title 54 of the Revised Statutes, and the payment thereof shall be enforced within the same time and in the same manner and by the same proceedings as the payment of taxes is otherwise enforced by the Division of Taxation under Title 54 of the Revised Statutes.

5. Section 2 of P.L.1989, c.299 (C.40:67-23.3) is amended to read as follows:

2. a. Except as otherwise provided in subsection b. of this section, the governing body of every municipality shall reimburse a qualified private community for the following services provided generally throughout the municipality when paid for through general municipal revenues, as provided in sections 4 and 5 of P.L.1989, c.299 (C.40:67-23.5 and C.40:67-23.6), or provide the following services within a qualified private community in the same fashion as the municipality provides these services on public roads and streets when paid for through general municipal revenues:

(1) Removal of snow, ice and other obstructions from the roads and streets;

(2) 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; and

(3) Collection of leaves and recyclable materials along the roads and streets and the collection or disposal of solid waste along the roads and streets.

b. Nothing in P.L.1989, c.299 (C.40:67-23.2 et seq.) shall require a municipality to operate any municipally owned or leased vehicles or other equipment, or to provide any of the services enumerated in subsection a. of this section, upon, along or in relation to any road or street in a qualified 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.

c. The Director of the Division of Local Government Services in the Department of Community Affairs, for the purpose of calculating the allowable operating appropriations before exceptions pursuant to section 2 of P.L.1976, c.68 (C.40A:4-45.2), shall provide a cap base adjustment to the total general appropriations of the local budget year prior to the year in which the services are first provided by the municipality for the full amount appropriated pursuant to P.L.1989, c.299 (C.40:67-23.2 et seq.).

(cf: P.L.1993, c.6, s.1)

6. This act shall take effect immediately.

STATEMENT

This bill authorizes municipalities, by ordinance and with the approval of the Director of the Division of Local Government Services in the Department of Community Affairs, to create snow removal districts. The bill further provides for the assessment, levying and collection of a tax from the property taxpayers in a snow removal district for the support of the snow removal district.

The bill also amends the law commonly referred to as the "condo services act," P.L.1989, c.299 (C.40:67-23.2 et seq.) to clarify that the services to be provided to qualified private communities under that act, including but not limited to snow removal, are those services provided generally throughout a municipality and supported by general municipal revenues.

Authorizes municipalities to create snow removal districts.