How would adoption of Title 39 affect Hilltop?
The following came from a document written by Brian Archibald and may be found in the Document tab of Townsq dated 8-13-21
There has been a significant amount of discussion and misinformation disseminated to the community members regarding the adoption of Title 39 by the Hilltop community. This paper is being provided to the community to explain what benefit Title 39 adoption would provide, and not provide for the Hilltop Community. It has been prepared after meetings with the elected and professional officials of the Township of Cedar Grove.
Procedure: The Hilltop community would need to apply to the Township of Cedar Grove for Title 39, it is not automatic. At present, Hilltop does not have Title 39 adoption. Hilltop is eligible to request the adoption of Title 39.
Findings: There are very significant reasons against requesting Title 39 and one or two positives. All are discussed as follows.
Background: Title 39 is a state statute that governs many things, including policing and traffic enforcement, and when adopted in private communities, it allows private communities such as the Hilltop to receive reimbursement for some services customarily provided by a municipality which are being provided by the private community. Title 39 also gives the local police department the authority to enforce traffic and parking regulations within the private community. The lack of the adoption of Title 39 does not mean that the police do not have law enforcement rights in the Hilltop; instead, they just don’t have traffic and parking enforcement rights.
Title 39 reimbursements for services at Hilltop: Under title 39, some private communities receive payments to help offset the expense of providing snow plowing and street lighting. Hilltop at Cedar Grove is ineligible to receive any reimbursement for snow plowing or street lighting under the Ad Valorem Tax Act, which excludes Title 39 reimbursements to urban redevelopments and/or developments with tax abatements. Hilltop is an urban redevelopment, and the PILOT is a tax abatement. Hilltop is, therefore, ineligible for any reimbursement. Hilltop will be eligible for reimbursement of Title 39 services after the Hilltop tax abatement agreement expires in thirty (30) years. Hilltop is not and will never be eligible for any town road maintenance under Title 39 because it is a private development.
Parking restrictions under Title 39: Although Title 39 would allow the municipal police to enforce parking restrictions such as handicap parking and illegally parked cars in fire lanes, the Township will do this anyway without Title 39 in certain situations. The Master Board intends to send the Township a request to have enforcement for Handicap parking and enforcement of no parking in designated fire lanes. The Master Board will request this after the roads have finished paving on them and the fire lane pavement markings are in place. The request will be made to the Township Council, introducing, and passing a local ordinance based on the Board’s request. The ordinance will be sent to the police department for enforcement. This process will take about 30 to 60 days once the application is made, depending upon the Council’s meeting schedule.
Traffic enforcement: If Title 39 is requested and adopted, traffic enforcement may be the only benefit to Hilltop if one considers it a benefit. The police department would have the authority to set up speed traps and monitor stop signs. But would they? We are a relatively small community, and would they realistically spend time within our community on this enforcement? We cannot know for sure, but it is reasonable to assume that it would be very infrequent at best.
What does the community surrender if Title 39 is granted: The Hilltop surrenders its right to set up its own rules and regulations concerning the interior roadways, including the imposition of reduced speed limits, parking regulations, installing road signs (of any type), speed bumps, or other speed controlling devices should it so desire.
Conclusion: This Master Board will not request Title 39 for this property as it believes the only benefit of limited traffic enforcement does not outweigh the rights the Hilltop would surrender to self-regulate. There is no financial benefit whatsoever to Hilltop until thirty years past the date of the tax abatement. The Township will never maintain or repair our roads as we are a private community. Hilltop can have specific parking laws enforced through the passage of a local ordinance by the Township. Hilltop could also install its own speed controlling devices without surrendering its self-regulation powers to the municipality.
Hilltop Master Board
Elnardo Webster, Brian Archibald, Maureen Coltre, Spenser Yeager
Adding to the above document, without Title 39 adoption the Master Board may act to block a street for a block party or parade should it so desire. With Title 39 Adoption this right is surrendered, and approval will need to sought form the Township of Cedar Grove.