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Medford Township Ordinance 2005-26
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MEDFORD TOWNSHIP ORDINANCE 2005-26 DRAFT COPY DRAFT COPY DRAFT COPY AUTHORIZING SPECIAL ASSESSMENT FOR BIRCHWOOD LAKE DAM RECONSTRUCTION AND DREDGING WHEREAS, the flood of 2004 resulted in the loss of the upper and lower dams ("the dams") at Birchwood Lake, which are owned and controlled by the Birchwood Lake Colony Club (also referred to as "Birchwood"); and WHEREAS, the Birchwood Lake Colony Club has determined to rebuild the dams in order to re-establish Birchwood Lake, which is currently a semi-dry bed; and WHEREAS, the Birchwood Lake Colony Club by-laws do not provide for strong enforcement authority over its members, and therefore Birchwood cannot institute its own assessments for this work; and WHEREAS, the Birchwood Lake Colony Club has also determined that dredging is required and preferred at this time, while the lake bed is virtually dry; and WHEREAS, the Birchwood Lake Colony Club has, by an overwhelming majority of its members, requested the Township Council of Medford Township ("Township") assist Birchwood by instituting a Special Assessment to pay for the rebuilding of the upper dam, the lower dam and the dredging of the lake; and WHEREAS, the Township is agreeable to assisting Birchwood in accomplishing its goals for the betterment of the residents of the Birchwood community; and WHEREAS, the Township is authorized under State Law, at N.J.S.A. 40:56-1, to institute Special Assessments; and WHEREAS, the Special Assessments statue provides for "the widening, deepening or improvement of any stream, creek, river or other waterway" pursuant to N.J.S.A. 40:56-1.1.m, and for the "removal of obstructions in, and the constructing, reconstructing, enlarging or extending of any waterway, of enclosing walls, or of a pipe or conduit or any brook or watercourse or any part of same" pursuant to N.J.S.A. 40:56-1.1.n; and WHEREAS, the Birchwood Lake Colony Club is pursuing up to three applications with the New Jersey Department of Environmental Protection ("NJDEP") and the United States Department of Agriculture ("USDA"); and WHEREAS, by separate action, the Township has agreed to support these loan applications by signing as a co-applicant; and WHEREAS, Birchwood has estimated the cost of the actual work on the dam and the dredging to be approximately $1.8 million; and WHEREAS, the final costs of the project will not be determined until the project is complete; and WHEREAS, pursuant to the Special Assessment statue, "project costs" include principle, interest, associated costs, fees, and/or penalties. NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Medford, County of Burlington, State of New Jersey as follows: 1. The "project costs" as defined above, expended for the completion of the Birchwood Lake Colony Club Dam Reconstruction and Dredging Project ("the Project") to the satisfaction of the NJDEP shall be assessed against properties within the Birchwood community, listed in Schedule A attached hereto. 2. The Township Clerk shall cause a notice of this proposed assessment to be mailed to the owner(s) of real estate impacted by the Special Assessment prior to the making of the improvement or the awarding of any contract for the improvement. The notice shall contain a description of the property impacted sufficiently to identify it. Such notice shall be served in accord with law and proof of service shall be filed with the tax office within ten (10) days after service. 3. The Township intends to institute a twenty year timeframe for the repayment of the Special Assessment, unless otherwise restricted by law or by request of Birchwood. 4. The Township will not contribute to the payment of the project costs. 5. The Township will hire a Special Assessor pursuant to a professional services contract by seperate Resolution of the governing body. 6. The Special Assessment assessed against each impacted property shall constitute a first and paramount lien as provided for under N.J.S.A. 56-33. 7. If any section of this Special Assessment shall be held invalid in any court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance. 8. All Ordinances or parts of Ordinances which are inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. 9. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law. TOWNSHIP OF MEDFORD DRAFT COPY DRAFT COPY DRAFT COPY Schedule A Birchwood Lakes - 2005 BLOCK - LOT - PROPERTY LOCATION Webmaster's note: Schedule A then goes on, in the above format, to list 204 properties on 5 pages.
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