Introduced: May 4, 2023
Public Hearing: May 18, 2023
Please note: Authorizing Special Assessment for the Dredging and Restoration of Shongum Lake, Hydro-Raking, Cleaning/Restoration of a Portion of Den Brook and the Implementation of Other Nonpoint Source Pollution Control Measures in the Township of Randolph, Morris County, New Jersey, Including the Completion of Engineering and Environmental Investigations, Sampling and Laboratory Analysis and Design Necessary to Complete Plans and Specifications, Permitting and Construction of the Project as Well as Construction Inspection Services to the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, and the Green Acres Clean Water, Farmland and Historic Preservation Bond Act of 1992.
- Whereas, Shongum Lake Property Owners Association ("SLPOA") has requested that the Township of Randolph ("Township") act as co-borrower for a loan to SLPOA pursuant to the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, Place 2003 Chapter 162 ("Act") and the Green Acres Clean Water, Farmland and Historic Preservation Bond Act of 1992 for the dredging and restoration of Shongum Lake, hydro-raking, cleaning/restoration of a portion of Den Brook and the implementation of other nonpoint source pollution control measures in the Township of Randolph, Morris County, New Jersey, which project shall include completion of engineering and environmental investigations, sampling and laboratory analysis an design necessary to complete plans and specifications, permitting and construction of the project as well as construction of the project as well as construction inspection services ("Project"); and
- Whereas, estimated maximum amount of the special assessment for the Project is Five Million Nine Hundred Seventy-Nine Thousand Twenty-Four Dollars and Sixteen Cents ($5,979,024.16); and
- Whereas, the Act authorizes the Township to assess the amount of the principal, interest, and costs for the loan against the real property benefitted by the loan together with interest and penalties; and
- Whereas, the Act further authorizes the collection of the assessments in the same manner as assessments for local improvements.
Now, therefore, be it ordained by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
The Project shall be undertaken as a local improvement and notice is hereby given to the owners of all lands and real estate to be benefitted by the Project of the intention of the Township to make and levy special assessments against said land and real estate in the estimated total amount of Five Million Nine Hundred Seventy-Nine Thousand Twenty-Four Dollars and Sixteen Cents ($5,979,024.16). The full costs of the principal, interest and any associate costs, fees, or penalties, including but not limited to the costs of determining and collecting the assessments, shall be assessed against the properties within the Shongum Lake Properties Association community, listed in Schedule A attached.
The procedure for making and collecting assessments shall be as provided for under NJ.S.A. 40:56-1 and NJ.S.A. 40:49-6 through -12 et seq. Special assessments shall be as nearly as possible in proportion to and not in excess of the particular benefit, advantage or increase in value which the respective lands and real estate shall receive by reason of the construction of the Project.
Any and all costs involved in establishing and enforcing the assessment shall be borne by Shongum Lake Property Owners Association and the affected property owners. The Township will not contribute to the payment of any part of the costs of this local improvement.
The assessment shall constitute a first and paramount lien as provided for by the Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003, Place 2003 Chapter 162; and the Green Acres Clean Water, Farmland and Historic Preservation Bond Act of 1992 and N.J.S.A. 40:56-33.
All Ordinances of the Township of Randolph that are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
This Ordinance shall take effect as provided by law.