State Senator James W. Holzapfel recently introduced a bill (into the 216th Legislature) named S501, that, if adopted, would amend New Jersey's Municipal Services Act (the "Act"). By virtue of this amendment, New Jersey's municipalities would now have to either provide "paving, repaving, or otherwise improving or reimproving" services to a qualified private community, or reimburse that community for its costs (with conditions) to provide those services itself. From the proposed law, it appears that services and/or reimbursement in this regard would be available only in regards of roads and streets that have been accepted for dedication to public use, or that meet municipal specifications for dedication. Currently, only the following services are included in the Act: (i) removal of snow, ice and other obstructions from the roads and streets; (ii) 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, collection of leaves and recyclable materials along the roads and streets and the collection or disposal of solid waste along the roads and streets. The prospects for passage remain unclear. Obviously, New Jersey's qualified private communities would be benefited greatly if this amendment to the Act were approved and made into law.
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